ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of August 12, 2011 No. 677

About approval of Rules of the conclusion of lease agreements concerning the state-owned or municipal property of the state or municipal educational organizations which are budgetary institutions, autonomous organizations, budget and autonomous scientific institutions

According to part 3.1 of article 17.1 of the Federal law "About Protection of the Competition" Government of the Russian Federation decides:

Approve the enclosed Rules of the conclusion of lease agreements concerning the state-owned or municipal property of the state or municipal educational organizations which are budgetary institutions, autonomous organizations, budget and autonomous scientific institutions.

Approved by the Order of the Government of the Russian Federation of August 12, 2011 No. 677

Rules of the conclusion of lease agreements concerning the state-owned or municipal property of the state or municipal educational organizations which are budgetary institutions, autonomous organizations, budget and autonomous scientific institutions

1. These rules determine procedure and conditions of the conclusion without carrying out tenders or auctions of lease agreements concerning the state-owned or municipal property of the state or municipal educational organizations which are budgetary institutions, autonomous organizations, the budget and autonomous scientific institutions (further respectively - property, organizations) concluded by organizations with the economic societies created by them which activities consist in practical application (implementation) of results of intellectual activities (programs for electronic computers, databases, inventions, useful models, industrial designs, selection achievements, topology of integrated chips, know-how (know-how)) which right to use is brought as contribution to their authorized capital (further respectively - agreements, economic societies, results of intellectual activities).

2. Economic society sends to organization the request about need of the conclusion of the agreement (further - the request) containing the following data:

a) requirement of economic society for property;

b) amount of the new technologies planned to obtaining in case of use (implementation) of results of intellectual activities by economic society in 5 years;

c) amount of scientific and technical products and quantity of new (innovative) products and high-technology services which are planned to be made (to render) economic society in 5 years (in cost indicators and units respectively).

3. The following documents are attached to the request:

a) the copies of constituent documents of economic society certified in accordance with the established procedure;

b) ceased to be valid;

c) data, confirmatory that activities of economic society consist in practical application (implementation) of results of intellectual activities.

4. The organization considers the request within 5 calendar days from the date of its registration and informs in writing economic society on availability (absence) of property which can be leased to economic society, and also on the decision to send to the founder in writing the appeal about coordination of transfer to economic society to lease of property (further - the address). The terms estimated in calendar days do not consider the period of New Year's vacation.

5. In case of receipt in organization from 2 and more economic societies of requests concerning lease of 1 object (objects) the decision on the direction to the founder of the address is accepted according to the procedure of priority proceeding from receipt date of requests.

6. The organization sends to the founder the appeal with confirmation of powers of the person, signed the appeal. The following documents are attached to the address:

a) the list of documents of title on results of intellectual activities;

b) the statement from the Single state real estate register about real estate object issued not earlier than before 1 month to its direction in state bodies on management of state-owned property or body for management of municipal property (daleeorgan on property management), and copies of the documents containing the description and technical characteristics of personal estate issued by authorized organization;

c) the valuation report of market value of the rent prepared in accordance with the legislation of the Russian Federation about estimative activities;

d) the document of organization containing the analysis of influence of provision of property in lease without repurchase right on the main activities of organization provided by its charter;

e) the documents provided by Items 2 and 3 of these rules.

7. The founder considers the address within 15 calendar days from the date of its registration.

At the same time the founder for the purpose of refining of the these rules of documents provided by organization according to Item 6 has the right to request from organization of the explanation to the provided information.

In this case the term of consideration by the founder of the address is prolonged for 15 calendar days from the date of receipt of the specified explanations.

8. If the founder by results of consideration of the address and documents, stipulated in Item 6 these rules, makes the decision on nonagreement of transfer of property by organization in lease to economic society, he no later than 15 calendar days from the date of registration of the address (in the presence of the arrived explanations - no later than 15 calendar days from the date of their receipt) directs motivated refusal to organization. The bases for refusal in coordination are:

a) non-presentation of documents, stipulated in Item 6 these rules;

b) discrepancy of the planned use of property by economic society to requirements of Item 2 of part 3.1 of article 17.1 of the Federal law "About Protection of the Competition".

9. If the founder by results of consideration of the address and documents, stipulated in Item 6 these rules, and explanations to them (in case of their availability) makes the decision on possibility of cession of property in lease to economic society, the founder after stipulated in Item 7 these rules of terms of consideration of the address shall notify in writing within 10 working days organization on the direction of its address on coordination to the following bodies for property management:

a) concerning federal property - in federal executive body which within the competence established by the acts determining the status of this body on behalf of the Russian Federation performs the rights of the owner of property;

b) concerning state-owned property of subjects of the Russian Federation - in public authority of the subject of the Russian Federation which within the competence established by the acts determining the status of this body on behalf of the subject of the Russian Federation performs the rights of the owner of property;

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