ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of August 27, 2012 No. 860

About the organization and carrying out sale of the state-owned or municipal property electronically

According to article 32.1 of the Federal law "About Privatization of the State-owned or Municipal Property" Government of the Russian Federation decides:

1. Approve the enclosed Regulations on the organization and carrying out sale of the state-owned or municipal property electronically.

2. To provide to the Ministry of Economic Development of the Russian Federation together with the Ministry of Telecom and Mass Communications of the Russian Federation, Federal Antimonopoly Service and Federal Security Service of the Russian Federation within 6 months from the effective date of this resolution to the Government of the Russian Federation the draft of the act of approval of the list of legal entities for the organization of sale of the state-owned or municipal property electronically.

3. The realization of this resolution is enabled by federal executive bodies within the established number of employees of their central offices and territorial authorities, and also budgetary appropriations provided to federal executive bodies in the federal budget on management and management in the sphere of the established functions.

Approved by the Order of the Government of the Russian Federation of August 27, 2012 No. 860

Regulations on the organization and carrying out sale of the state-owned or municipal property electronically

I. General provisions

1. This Provision establishes procedure for the organization and carrying out sale of the state-owned or municipal property electronically (further respectively - property, sale of property) by holding the auction with open form of submission of price bids for the property (further - auction), specialized auction, tender, sale of property by means of public offer and without announcement of the price according to the requirements established by the Federal Law "About Privatization of the State-owned and Municipal Property" (further - the Federal Law on privatization) and this Provision.

Paragraph two of ceased to be valid

2. Carrying out sale of federal property is performed by Federal Agency for State Property Management and the Ministry of Defence of the Russian Federation (concerning the released military property of the Armed Forces of the Russian Federation) or federal executive bodies in which the military service (concerning the released personal military estate (except arms and ammunition) fixed in operational management of the Armed Forces of the Russian Federation, other troops, military forming and bodies) is provided (further - the seller).

According to the decision of the Government of the Russian Federation the organization on behalf of the Russian Federation in accordance with the established procedure sales of the privatized federal property and (or) implementation of functions of the seller is carried out by the legal entities acting according to the agency agreement.

Public authorities of subjects of the Russian Federation and local government bodies independently perform functions selling property, and also the decisions charge to the legal entities specified in subitem 8.1 of Item 1 of article 6 of the Federal Law on privatization to organize on behalf of the owner in accordance with the established procedure sale of the privatized property which is in property of subjects of the Russian Federation or municipalities and (or) to perform functions of the seller of property.

3. Carrying out sale of the state-owned or municipal property is electronically performed on electronic platform by the operator of an electronic trading platform.

If the legal entity acting under the contract with the owner of property is included in the list of operators of electronic platforms approved by the Government of the Russian Federation according to the Federal Law on contractual system and conforms to additional requirements, involvement of other operator of an electronic trading platform is not required.

4. The seller in accordance with the legislation of the Russian Federation in case of sale of property performs the following functions:

a) provides observance of requirements of the Federal Law on privatization, and also the regulatory legal acts adopted according to it regulating sale of property;

b) provides in accordance with the established procedure evaluating the property which is subject to sale;

c) determines in the cases established by the Federal Law on privatization, starting price of sale of property, the price of the original offer and stop-out price when carrying out sale of property by means of public offer, the uniform price of sale when holding specialized auction and also "bid increment" and "lowering step";

d) makes the decision on involvement of the operator of an electronic trading platform, signs the contract with it;

e) approves the electronic commitment form on participation in sale of property (further - the request);

e) determines in coordination with the operator of an electronic trading platform of start and end date of registration on electronic platform of requests, date and time of holding procedure of sale of property;

g) determines the size, term and conditions of introduction of deposit by physical persons and legal entities on participation in sale of property at auction, tender, sale of property by means of public offer (further respectively - applicants, deposit), and also other terms of the contract about deposit;

h) signs with applicants deposit agreements in the cases established by this Provision;

i) checks correctness of execution of the documents submitted by applicants and determines their compliance to requirements of the legislation of the Russian Federation and to the list containing in the information message about carrying out sale of property;

j) will organize preparation according to the procedure, established by the Federal Law on privatization, the information message about carrying out sale of property and about results of sale of property, and also placement of information in Internet network according to the requirements established by the Federal Law on privatization, the Federal Law "About Personal Data" and this Provision;

k) accepts on the bases established by the Federal Law on privatization, the decision on recognition of applicants by participants of sale of property (further - participants) or about refusal in the admission to participation in sale of property, drawn up by the protocol;

l) determines the winner of sale of property (further - the winner) and signs the protocol on results of sale of property;

m) makes calculations with applicants, participants and the winner;

o) signs with the winner the purchase and sale agreement in electronic form;

o) provides cession of property to the winner and makes the necessary actions connected with transition of the property right to it;

p) performs other functions provided by the Federal Law on privatization and this Provision.

5. The operator of an electronic trading platform according to the internal regulations based on the agreement signed with the seller:

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info