of July 17, 2009 No. 145-FZ
About Russian Highways State-owned company and about modification of separate legal acts of the Russian Federation
Accepted by the State Duma of the Russian Federation on June 26, 2009
Approved by Council of the Russian Federation on July 7, 2009
This Federal Law establishes legal status, the purposes of creation and activities, procedure for creation, reorganization and liquidation of non-profit organization - Russian Highways State-owned company, and also feature of implementation of road activities concerning the highways which are in trust management of the specified non-profit organization, and use of the parcels of land for implementation of activities of the specified non-profit organization.
For the purposes of this Federal Law the following basic concepts are used:
1) Russian Highways State-owned company (further - State-owned company) - the non-profit organization created by the Russian Federation according to this Federal Law in form of business of state-owned company;
2) highways of State-owned company - the highways public of federal importance which are in federal property, delivered in trust management of State-owned company and used on paid basis or the highways public of federal importance which are in federal property, delivered in trust management of State-owned company and containing paid sites (except for the parcels of land in borders of rights of way of such highways), and also highways, activities for the organization of construction and which reconstruction it is performed by State-owned company;
3) the parcels of land of State-owned company - the parcels of land provided according to this Federal Law of State-owned company for the purpose of implementation of its activities in lease from lands which are in federal property or state-owned property on which is not differentiated;
4) property of State-owned company - the property which is in property of State-owned company, received as property fees of the Russian Federation or on other bases and consisting of money, objects of real and personal estate, except for highways of State-owned company and the parcels of land of State-owned company;
5) the operator of highways of State-owned company - person responsible for the ensuring content, repair and major repair of highways of State-owned company performing the collection of payment from users them for driving of vehicles through such highways and rendering services in the organization of journey of vehicles in such highways;
6) the means connected with trust management - the means received by State-owned company from the federal budget in the form of subsidies for implementation of activities for trust management of highways of State-owned company, activities for the organization of construction and reconstruction of highways of State-owned company, and also the income from activities of State-owned company for trust management of highways of the State-owned company provided by part 2 of article 6 of this Federal Law, except for fares of vehicles on highways of State-owned company being at the command the concessionary according to the concessionary agreement, powers of the concedent according to which are performed by State-owned company;
7) the means connected with own activities of State-owned company - property fees of the Russian Federation, remuneration of the trustee and the income of State-owned company which is not connected with trust management of highways of State-owned company;
8) the attracted financing - the means received by State-owned company based on agreements with credit institutions, including foreign, and other agreements, including the agreements connected with joint financial provision of investment projects in the field of development of highway network of State-owned company, and also as a result of implementation by State-owned company of foreign economic activity, attraction of foreign investments by it, borrowings by release and placement of securities including outside the Russian Federation.
1. The state-owned company is the non-profit organization which does not have membership and created by the Russian Federation on the basis of property fees for the purpose of rendering the state services and accomplishment of other powers in the field of road economy with use of federal property on the basis of trust management.
2. Full name of State-owned company in Russian - Russian Highways State-owned company. The abbreviated name of State-owned company in Russian - Avtodor State-owned company. Full name of State-owned company in State Company English - "Russian Highways". The abbreviated name of State-owned company in English - "RHW" of SC.
3. The location of State-owned company - the city of Moscow.
4. The state-owned company has seal with the image of the State Emblem of the Russian Federation and with the full name.
5. The state-owned company opens personal accounts in the Federal Treasury and has the right to open settlement accounts in banks and other credit institutions. The government of the Russian Federation establishes requirements to credit institutions in the territory of the Russian Federation in which the State-owned company has the right to open bank and other accounts and with which the State-owned company has the right to sign bank deposit agreements (deposit), and also term during which measures for return of the money placed on accounts and in deposits in credit institutions in the territory of the Russian Federation which ceased to conform to the specified requirements shall be taken by State-owned company. In case of establishment of requirements to credit institutions the Government of the Russian Federation establishes requirements to the size of own means (capital) of credit institution and level of the credit score assigned to the Russian credit institution by one or several credit rating agencies, data on which are entered by the Bank of Russia in the register of credit rating agencies, on national rating scale for the Russian Federation according to methodology which compliance to requirements of article 12 of the Federal Law of July 13, 2015 to No. 222-FZ "About activities of credit rating agencies in the Russian Federation, about modification of article 76.1 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)" and recognition voided separate provisions of legal acts of the Russian Federation" is confirmed with the Bank of Russia. The government of the Russian Federation has the right to set limits of investment of funds by State-owned company in credit institution depending on the size of own means (capital) of credit institution and (or) level of the credit score assigned to credit institution on national rating scale for the Russian Federation. The state-owned company notifies federal executive body, authorized to perform functions on counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction about each opening, closing, about change of foreign bank account details, about the conclusion, agreement cancelation of the bank account, bank deposit agreements (deposit) with foreign banks and the introduction of changes in them according to the procedure established by the Government of the Russian Federation. The government of the Russian Federation has the right to establish requirements to foreign banks in which the State-owned company has the right to open bank and other accounts and with which the State-owned company has the right to sign bank deposit agreements (deposit), and also term during which measures for return of the money placed on accounts and in deposits in foreign banks which ceased to conform to the specified requirements shall be taken by State-owned company.
5.1. The state-owned company has the right to sign bank account agreements, bank deposit (deposit) with the state corporation of development "ВЭБ.РФ" if it is provided by the Federal Law of May 17, 2007 No. 82-FZ "About the state corporation of development "ВЭБ.РФ".
5.2. The state-owned company has the right to open bank and other accounts, to sign bank deposit agreements (deposit) in the credit institutions conforming to the requirements established according to part 5 of this Article in case of inclusion of such credit institutions in the list of credit institutions posted for the specified purposes by the Bank of Russia on its official site on the Internet if other is not established by the Government of the Russian Federation.
5.3. During the term of realization of the Bank of Russia approved by the Board of directors according to the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" the plan of participation of the Bank of Russia in implementation of measures for the prevention of bankruptcy of the bank included in the list of credit institutions provided by part 5.2 of this Article on approval date of the specified plan, the State-owned company has the right to open bank and other accounts in such bank, to sign with it bank deposit agreements (deposit) regardless of compliance (discrepancy) of such bank to the requirements established according to part 5 of this Article on condition of acceptance by the Board of directors of the Bank of Russia of the decision on guaranteeing going concern of such bank. At the same time in case of establishment by the Government of the Russian Federation of limits of investment of funds by State-owned company in credit institutions according to part 5 of this Article the specified limits concerning such bank are determined on the last quarter reporting date preceding approval date the Board of directors of the Bank of Russia of the plan of participation of the Bank of Russia in implementation of measures for the prevention of bankruptcy of such bank.
5.4. During the term of implementation of the plan of participation of the Bank of Russia in implementation of measures for the prevention of bankruptcy of the bank included in the list of credit institutions provided by part 5.2 of this Article on approval date by the Board of directors of the Bank of Russia of the specified plan, such bank is not excluded from the specified list on condition of acceptance by the Board of directors of the Bank of Russia of the decision on guaranteeing going concern of such bank.
6. The state-owned company is created without restriction of term of its activities.
7. The Russian Federation acts as the founder of State-owned company. The rights and obligations of the founder of State-owned company are performed on behalf of the Russian Federation by the Government of the Russian Federation or the federal executive body authorized by the Government of the Russian Federation.
8. The state-owned company has the right to perform the activities which are bringing in incomes and answering the purpose for the sake of which it is created only so far as it serves achievement of these purposes. After tax payment and charges, stipulated by the legislation about taxes and fees, income of State-owned company gained as a result of such activities goes for goal achievement, established by this Federal Law.
9. The Russian Federation does not answer for obligations State-owned company, and the State-owned company does not answer for obligations the Russian Federation.
10. The state-owned company bears responsibility according to the obligations everything the property belonging to it on the property right, except for property which is withdrawn from circulation, and property on which according to the Federal Law collection cannot be turned.
11. Activities of State-owned company are regulated by this Federal Law, other Federal Laws adopted according to them regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation, and also regulatory legal acts of the federal executive body performing functions on development of state policy and normative legal regulation in the field of transport.
12. Action of items 4 and the 5th Article 13 does not extend to State-owned company. 1, Articles 14, 15, 18 - 20 and 29, Items 3, 5, the 7 and 10 article 32 of the Federal Law of January 12, 1996 No. 7-FZ "About non-profit organizations".
13. On State-owned company operation of the Federal Law of October 26, 2002 No. 127-FZ "On insolvency (bankruptcy)" does not expatiate.
14. The state-owned company concerning the highways which are in its trust management as their owner performs powers, Articles established by part 5 10, Items 3 and 10 of Article 11, part 5 of Article 16, part 4 Articles 17, part 4 Articles 18, parts 2 and 3 of Article 19, parts 1, 4, the 6 and 8 Articles 20, part 3 Articles 21, parts 7, the 8 and 11 Articles 22, part of 1 Article 23, part 3 Articles 25, parts 7 and 8 of Article 26, part 4 Articles 30, parts 4 and 10 of Article 31, Article 40, part 4 Articles 41, part 3 Articles 42, part 7 of article 62 of the Federal Law of November 8, 2007 No. 257-FZ "About highways and about road activities in the Russian Federation and about modification of separate legal acts of the Russian Federation" (further - the Federal Law "About Highways and about Road Activities in the Russian Federation and about Modification of Separate Legal Acts of the Russian Federation").
1. The state-owned company is created and is effective for the purpose of rendering the state services and accomplishment of other powers in the field of road economy with use of federal property on the basis of trust management, and also for the purpose of maintenance in proper condition and development of highway network of State-owned company, increase in their handling capacity, ensuring movement in them, improvements of the quality of the services rendered to users by highways of State-owned company, development of the objects of road service placed in borders of rights of way and roadside strips of highways of State-owned company and in other purposes determined by the Government of the Russian Federation in the field of development of highways and improvement of their transport and operational condition.
2. Accomplishment of the purposes of activities of State-owned company is provided by implementation of the types of activity provided by this Federal Law, and achievement of the target indicators of the program of activities of State-owned company for the long-term period established according to the procedure, provided by this Federal Law.
1. The state-owned company has the right:
1) to create branches and to open representations;
2) to create commercial and non-profit organizations in the territory of the Russian Federation for goal achievement, provided by part 2 of this Article, at the expense of property of State-owned company;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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