State and municipal organization: definition, features and functions. Difference between enterprise and institution

An enterprise in a general sense should be understood as a property complex that is used to conduct entrepreneurial activity. It includes all types of material assets. These include, among other things, land plot, equipment, facilities, products, raw materials. This complex as a whole or any part of it can act as an object of lease, collateral, purchase and sale and other transactions. There are various organizational and legal forms of enterprises. Let's consider one of them.

Municipal enterprises and institutions and their owners

The owner of such organizations is the local government authority. He also manages municipal enterprises. The owner can direct his work in any way according to the law. The local authority has the ability to:

1. Create, reorganize, liquidate municipal enterprises and institutions.
2. Determine the subject and purpose of the work of these complexes.
3. Appoint managers.
4. Control the use and safety of material assets entrusted to enterprises.

Work specifics

The activities of municipal enterprises related to social services are outside the scope of traditional entrepreneurship, competition for attracting capital. Their functioning is complemented by the need to provide services to the population without the expectation of making a profit. A municipal utility company or other service complex can use market mechanisms and introduce experience in the administration of private companies. This has a beneficial effect on the operation of the complex and increases the efficiency of using the resources provided to it.

Legislative regulation

Taking into account the specifics of the operation of the complexes under consideration, regulations regulate the procedure for their creation. Thus, a municipal government enterprise sends most their products, works or services to meet the needs of the Moscow Region. Such a complex produces goods at a set price to solve public problems.

A single price is assigned to categories of work and services. The municipal government enterprise receives subsidies from the state. In accordance with this, the purpose of its functioning is determined. In addition, complexes of this type in some cases conduct unprofitable production. Such regulation is established in Federal Law No. 161.

A municipal enterprise uses material assets, the privatization of which is not permitted. Its functioning is aimed at solving various social problems. These include, among other things, the sale of services and goods at a minimum cost.

Some nuances

New municipal enterprises of the city or other settlement are created quite rarely. There are currently not many objects whose privatization is prohibited by law. At the same time, their legal status is clearly regulated by regulations.

A municipal enterprise that is created to provide services or sell products at a minimum cost is quite difficult to exist without subsidies. In all cases, in fact, there is a non-profitable operation of the complexes. The organization of municipal enterprises, in this regard, is automatically tied to budget revenues. This, in turn, contradicts, in a certain sense, the provisions of the Civil Code. The Code, in particular, classifies a municipal enterprise as a commercial structure. It is difficult to imagine the work of such an association without profit. On the other hand, the Law “On Bankruptcy” establishes the obligation of the founder, in this case the municipality, to prevent the insolvency of the enterprise he created.

Expansion of the sphere

Considering the current economic situation, a number of experts believe that more conditions are needed for the formation of economic complexes. Municipal enterprises operate today in all sectors of the economy. They provide services, create jobs, receive income that goes to the budget and own development. However, many of them receive state and regional subsidies. In this regard, it is difficult to talk about any profitability of such enterprises. New conditions for their creation would allow:

1. Fill market niches. This is relevant in the absence of any specialized enterprise, insufficient activity of private investment, or the presence of increased or unsatisfied demand.
2. Eliminate monopolies of any manufacturer or product in the local market.
3. Quickly implement a profitable project.
4. Relieve tension in the labor market.

All these problems are present today in social sphere. In this area manufacturing process is determined not only by the desire to make a profit, but also by social utility, the interests of social justice, effective demand, etc. When creating a new municipal enterprise, it is necessary to take into account the presence of private companies on the market and the consequences of their work for the population. It is better to leave some services to these associations. Before establishing a municipal enterprise, local authorities should explore the opportunities that exist in the private sector.

Classification

Municipal rights unitary enterprises legally limited. Meanwhile, such complexes have a certain degree of independence both in the legal and economic sense. In accordance with this criterion, the following groups are distinguished:

1. Enterprises that have neither economic nor legal independence. They have their own administrative bodies. However, at their core, such complexes act as units of local administration. The expenses and income of such enterprises are integrated into the local budget. The functioning of the complexes is carried out in accordance with instructions received from local authorities. In a general sense, the municipality acts as one enterprise, while coordinating the work of its divisions.
2. Complexes with legal and economic independence. In this case, certain rights of municipal enterprises apply, but key decisions regarding work are made in the administration. The local budget shows only the results of their financial activities. The profits that such businesses make usually do not cover their expenses. This is due to the fact that local and regional authorities set appropriate prices for them. In particular, this applies to transport, communications, and housing and communal services. The sources of financing for enterprises are funds from the population (consumers), as well as revenues from the local budget. In industrial centers and large municipalities, such complexes can earn money on their own and use the profits to improve services to citizens.
3. Enterprises operating on a commercial basis. Such complexes are removed from the administration structure. They are transferred to trust management by specialists (managers). Enterprises sell goods according to market value. These include various construction, industrial, agricultural, commercial and other complexes. They have the right to carry out their work in the form of a joint-stock or other business company, which is established by local authorities. The latter owns a controlling stake valuable papers. These enterprises have freedom in their actions and have a specific legal status. They work for the needs of the mass consumer, beyond local markets including.

Property of a municipal enterprise

A municipal entity (MU) can transfer the complex it has created to self-sufficiency, combining with this the provision of subsidies to consumers (a form of targeted support). In the process of transition to a commercial basis and an increase in the volume of paid services, on the one hand, the border between municipal institutions and enterprises is eliminated, and on the other, between the latter and private companies. However, despite a certain degree of freedom of action in relation to the created complex, the Ministry of Defense is obliged to comply with legislative requirements. They guarantee the rights of both the enterprise itself and its management.

The functioning of the complexes is carried out mainly on the basis of economic management. This right provides certain powers to the enterprise to use, own, dispose of material assets, any movable objects, finances, including at its own discretion. In addition, it can be rented, sold, exchanged, or pledged.

The exception is immovable objects. They are not subject to the right to dispose at their own discretion. To carry out a particular transaction, agreement with the owner is required. In practice, powers are transferred to the head of the enterprise. He single-handedly implements them. The relationship between the manager and the owner is regulated by labor legislation.

Obligations, opportunities, prohibitions

Intervention by the owner in the activities of a municipal enterprise, according to the Civil Code, outside the powers established for him, is considered illegal. The owner can withdraw only material assets that are not used for their intended purpose and dispose of them at his own discretion.

A municipal enterprise is liable for its obligations with all the property that belongs to it. The Moscow Region is liable only in the event of bankruptcy of the complex it created. No other obligations apply to it. In case of bankruptcy there is subsidiary liability. The same rule applies when there is a shortage of property of a state-owned enterprise.

Industry problems

The legislation does not establish the obligation to conduct an independent audit for municipal enterprises, nor to create any supervisory structures within them. The lack of control functions of the Ministry of Defense often leads to a violation of financial discipline.

For example, cash municipal enterprises are sent to other companies to hide the resulting profits, deals begin to be concluded to satisfy the individual interests of management. In addition, biased or incomplete information about work is often provided, which, accordingly, does not allow preventing and suppressing illegal actions.

In some cases, the powers possessed by the owner do not allow not only to make demands on the managers of enterprises, but also to determine indicators of their economic efficiency (reporting or planned). The Labor Code, while providing effective protection for workers, at the same time significantly complicates the process of applying liability measures to them.

Sector reduction

It has long been discussed at the government level. Officials offer two options for liquidating municipal enterprises:

1. Alienation of non-core assets under the privatization law. Within this approach, the sale must be carried out without fail at any cost. We are talking, in particular, about holding an auction. If the first auction does not take place, then repeat auctions are scheduled. However, the starting price is not announced.
2. Conversion into a municipal institution with the right to earn money in excess of the established amount in the estimate.

Possible consequences

The sale of municipal enterprises can help reduce the inalienable minimum property that local authorities need to exercise their powers. In accordance with this, the MO may lose its status as an economic entity. This, in turn, will contradict the fundamental regulations local government.

Municipalities are required to have in order to implement their functions and solve socio-economic problems. In market conditions, for local authorities this means not only the opportunity, but also the need to have commercial structures at their disposal, combining mandatory and voluntary powers.

Meanwhile, another aspect of eliminating municipal enterprises is important. These complexes bear the main social burden and help contain the increase in tariffs for vital services, receiving budget subsidies if necessary. However, a municipal enterprise operating as an economic entity can at any time be transferred to self-financing with the exclusion of remaining funding from the budget.

If tariff regulation is abolished, that is, services are allowed to be provided to the population at a cost that includes at least average income, then this will become accessible to any complex. In this case, it will differ little from a private company in terms of the strength of motivation. And subsidies will be redirected directly to consumers.

At the same time, the activities of enterprises are often accompanied by the performance of individual functions characteristic of institutions, and, conversely, institutions can perform work characteristic of enterprises (for example, research institutions often operate experimental and other factories, various production units). The Civil Code of the Russian Federation defines state and municipal unitary enterprises (Article 113)

How does an organization differ from an institution?

In some cases not commercial organization can act on the basis general position about organizations of this type.

By decision of the founders (participants) or the body authorized to do so by the constituent documents, a non-profit organization may be reorganized.

Reorganization can be carried out in the form of merger, accession, division, separation and transformation. A non-profit organization can engage in business only insofar as it serves the purpose for which it was created; the business activity itself must be consistent with these goals.

Institution - a non-profit organization created by the owner to carry out managerial, socio-cultural or other functions of a non-commercial nature and financed by him in whole or in part - Art.

120 Civil Code of the Russian Federation. and the Organization can be either commercial, i.e. with making a profit. as a legal entity (A legal entity is an organization that has separate property in ownership, economic management or operational management and is liable for its obligations with this property, can acquire and exercise property and personal non-property rights in its own name, bear responsibilities, be a plaintiff and a defendant in court - Article 48 of the Civil Code of the Russian Federation, in this case “ educational institution» may conduct business activities provided for by its charter, including the sale and rental of its property; provide paid educational services, etc.

The institution operates on the basis of its charter.

It must contain information about the name and location of the institution, the subject and purpose of its activities, management procedures, sources of property, etc.

The owner of the institution is obliged to finance the institution in whole or in part.

Since the authorities state power It is prohibited to conduct income-generating activities, then the financing of such institutions must be carried out entirely from the appropriate budget.

An institution (organization) is

The constituent document of these legal entities is the charter approved by the owner. The name of the institution must include an indication of the owner of the property and the nature of the institution’s activities, for example: “Private Museum of A.

A. Korneeva." " Autonomous institution a non-profit organization created by the Russian Federation is recognized as a subject Russian Federation or a municipal entity to perform work, provide services in order to exercise the powers of state authorities, the powers of local governments in the fields of science, education, healthcare, culture, as provided for by the legislation of the Russian Federation, social protection, employment, physical culture and sports.

What is the difference between an organization and an enterprise: a practical aspect

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So, subjects economic activity can take various organizational forms (technical enterprises, society with limited liability) and operate in a strictly defined sector. Whereas associations are present wherever there are at least two people.

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Difference between institution and organization

An organization is an association of people and resources created to perform certain tasks and satisfy the interests and needs of people. The distribution of roles and responsibilities can be either formal or informal.

Organizations operating in the field of economic and political activity, require mandatory registration. At the same time, some informal associations (artist unions, interest groups) can act completely freely on the principles of voluntary participation.

Property is indivisible and cannot be distributed among deposits, shares, shares, including between employees of the enterprise. They are created to carry out certain types of activities. They have special legal capacity. Property belongs under the right of economic management (municipal unitary enterprise - created by decision of an authorized municipal body) or operational management (state-owned enterprises - created by decision of the Government of the Russian Federation). The owner appoints the director of the municipal unitary enterprise. A unitary enterprise has the right to independently dispose of movable property. He has the right to dispose of real estate only with the consent of the owner. The decision to sell unused property is made by the property owner. It is impossible to cover the budget deficit at the expense of the property of the Unitary Enterprise. A unitary enterprise is liable for its obligations with all its property.

Objective reasons existence and problems of functioning of enterprises of municipal ownership.

Causes: Unitary enterprises are created only in those areas where other forms of business organization are ineffective.

use of property the privatization of which is prohibited, including property necessary to ensure the security of the Russian Federation;

carrying out activities in order to solve social problems (including the sale of certain goods and services at minimum prices), as well as organizing and conducting procurement and commodity interventions to ensure the food security of the state;

carrying out activities provided for by federal laws exclusively for state unitary enterprises;

carrying out scientific and scientific-technical activities in sectors related to ensuring the security of the Russian Federation;

development and manufacture of certain types of products that are in the sphere of interests of the Russian Federation and ensure the security of the Russian Federation;

production of certain types of products withdrawn from circulation or of limited circulation.

Since the UP is created by the government or local governments, commercial interests may not be dominant in it. Such an enterprise is most often an expression of public interest;

UE is more stable than private enterprise structures. This circumstance is due to the fact that, firstly, unitary enterprises operate in special areas commercial activities, where competition is less intense, and, secondly, due to constant control and support from the state, sudden bankruptcy, as a rule, does not threaten them;

Hired personnel of a unitary enterprise often feel more comfortable in terms of predictability of the enterprise's future activities (since their work is associated with less risk). Working at such an enterprise is preferable for people who receive a small but stable income.

Problems: Municipal ownership is less economically efficient than private ownership. Stability in wages depresses incentives for creative initiative, commercial interest and risk, and increased productivity; State uniform property provokes bureaucracy in the management of a unitary enterprise, creates the basis for equalization and theft of the enterprise’s property; Personnel of a unitary enterprise often seek to use the enterprise’s property for personal gain.

Features of the economic and legal status of municipal unitary enterprises

Legal status state and municipal unitary enterprises are determined by the Civil Code of the Russian Federation and special Federal law dated November 14, 2002 No. 161-FZ “On state and municipal unitary enterprises.” Features of the legal status of unitary enterprises often make it possible to consider them separately from others organizational and legal forms of legal entities. In the legislative systematization of Russian civil law This type of commercial organizations - non-owners - ranks last. The legal literature rightly notes that from the point of view of ordinary economic turnover, such a design is imperfect, since the participants in the turnover must be owners who independently manage their property. In this case, the turnover involves persons who do not have all the powers to dispose of property in full, and the powers of the owner of this property, in turn, are limited by law.

Unlike previously existing legal acts that provided the grounds for creating unitary enterprises, state or municipal unitary enterprises cannot be created to carry out certain subsidized types of activities or conduct unprofitable production. Only state-owned enterprises can be created for such activities.

Characteristics of a municipal enterprise as a unitary enterprise, as a commercial enterprise. Municipal enterprise is an enterprise created on the basis of municipal (public) property.

The principle of MP unitarity. Distinctive feature State and municipal unitary enterprises (hereinafter referred to as the unitary enterprise) from other organizational and legal forms of commercial organizations is the principle of unitarity. The essence of this principle is that the unitary enterprise being created is not the owner of the property; the ownership of the property transferred to the enterprise and acquired by it in the course of its activities is retained by the sole founder. Property, authorized capital of such legal entity are indivisible, they cannot be distributed, including among employees, by shares, shares, deposits, etc.

Features of MP as commercial enterprises. Municipal unitary enterprises are among commercial organizations whose main purpose is to make a profit. However this classification least suitable for characterizing the activities of municipal enterprises that own property under the right of economic management.

There are suggestions in the literature that unitary enterprises cannot be classified as commercial organizations because they:

do not pursue profit as their main goal;

do not have ownership rights to the property;

act in accordance with the goals of their activities and the tasks of the owner;

their formation and liquidation depend on the will of the owner.

Usually, main goal creation and operation of municipal unitary enterprises is not making a profit, but satisfying public needs, achieving political goals, resolving issues that require direct government regulation.

(?) The need to create municipal enterprises as commercial enterprises

(?) Features of municipal enterprises as public enterprises

A unitary enterprise in Russia (usual abbreviations: State Unitary Enterprise - GUP, Municipal Unitary Enterprise - MUP, Federal State Unitary Enterprise - FSUE) is a commercial organization that is not vested with the right of ownership of the property assigned to it by the owner.
Only state and municipal enterprises can be created in this form. Property (state or municipal, respectively) belongs to a unitary enterprise with the right of economic management or operational management (state-owned enterprise).
A unitary enterprise is liable for its obligations with all the property it owns, but is not liable for the obligations of the owner of its property. The constituent document of a unitary enterprise is the charter.
Typically, unitary enterprises are regarded as a less transparent form compared to joint stock companies, since in the latter the law establishes procedures corporate governance. However, one advantage of unitary enterprises is that the property remains in state (municipal) ownership.
Unlike joint stock companies and other commercial organizations, unitary enterprises are required to disclose information about their procurement on official websites at the level of their subordination. For federal state unitary enterprises - on the official website of public procurement of the Russian Federation (federal state order), for state unitary enterprises on regional procurement websites and for municipal unitary enterprises on the official websites of municipalities or, in their absence, on the official regional procurement websites.
Types of state unitary enterprises
1. unitary enterprises based on the right of economic management, a federal state enterprise and a state enterprise of a constituent entity of the Russian Federation (state enterprise), a municipal enterprise;
2. unitary enterprises based on the right of operational management, ¬
federal state-owned enterprise, state-owned enterprise of a constituent entity of the Russian Federation, municipal state-owned enterprise (state-owned enterprise).
The right of economic management and the right of operational management constitute a special type of property rights, unknown to developed legislation. These are the real rights of legal entities for the economic and other use of the owner’s property. They are designed to formalize the property base for independent participation in civil legal relations of non-owner legal entities, which is impossible in ordinary, classic property circulation.
The difference between the rights of economic management and operational management lies in the content and scope of the powers that they receive from the owner over the property assigned to them. The right of economic management, which belongs either to an enterprise as a commercial organization, or to an institution carrying out business activities authorized by its owner, is therefore broader than the right of operational management, which may belong to either non-profit institutions or state-owned enterprises.
According to Art. 295 of the Civil Code, the owner of property under economic management, in accordance with the law, decides on the creation of an enterprise, determining the subject and goals of its activities, its reorganization and liquidation, appoints a director (manager) of the enterprise, and exercises control over the use for its intended purpose and the safety of property belonging to the enterprise.
An enterprise does not have the right to sell real estate owned by it under the right of economic management, rent it out, pledge it, make a contribution to the authorized (share) capital of business companies and partnerships, or otherwise dispose of this property without the consent of the owner.
Article 294. Right of economic management

A state or municipal unitary enterprise, to which property belongs under the right of economic management, owns, uses and disposes of this property within the limits determined in accordance with this Code.

Article 295. Rights of the owner in relation to property under economic management

1. The owner of property under economic management, in accordance with the law, decides on the creation of an enterprise, determining the subject and goals of its activities, its reorganization and liquidation, appoints a director (manager) of the enterprise, and exercises control over the use for its intended purpose and the safety of property belonging to the enterprise.
The owner has the right to receive part of the profit from the use of property under the economic control of the enterprise.
2. An enterprise does not have the right to sell real estate owned by it under the right of economic management, rent it out, pledge it, make a contribution to the authorized (share) capital of business companies and partnerships, or otherwise dispose of this property without the consent of the owner.
The rest of the property owned by the enterprise is disposed of by it independently, except for cases established by law or other legal acts.

Article 296. Right of operational management

(as amended by Federal Law dated November 3, 2006 N 175-FZ)
(see text in the previous edition)

1. State-owned enterprises and institutions, to which property is assigned by right of operational management, own, use and dispose of this property within the limits established by law, in accordance with the goals of their activities, the tasks of the owner of this property and the purpose of this property.
2. The owner of property has the right to withdraw excess, unused or misused property assigned to a state-owned enterprise or institution or acquired by a state-owned enterprise or institution at the expense of funds allocated to it by the owner for the acquisition of this property. The owner of this property has the right to dispose of property seized from a state-owned enterprise or institution at his own discretion.

Article 297. Disposal of property of a state-owned enterprise

1. A state-owned enterprise has the right to alienate or otherwise dispose of the property assigned to it only with the consent of the owner of this property.
A state-owned enterprise independently sells the products it produces, unless otherwise established by law or other legal acts.
2. The procedure for distributing income of a state-owned enterprise is determined by the owner of its property.
Budgetary institution - according to Russian legislation, this is a state (municipal) institution, financial support for the performance of its functions, including the provision of state (municipal) services to individuals and legal entities in accordance with state (municipal) assignments, is carried out from the funds of the corresponding budget on the basis budget estimate.
BUDGET INSTITUTION (eng. budget institution) - according to the budget legislation of the Russian Federation, an organization created by state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local governments to carry out managerial, socio-cultural, scientific, technical or other functions of a non-commercial nature , the activities of which are financed from the corresponding budget or the budget of a state extra-budgetary fund on the basis of estimates of income and expenses (Article 161 of the Budget Code of the Russian Federation *). Boo. is non-profit organization.
The estimate of income and expenses must reflect all income of the business owner, received both from the budget and state extra-budgetary funds, and from business activities, incl. income from the provision of paid services, other income received from the use of government or municipal property, assigned to B.u. on the right of operational management and other activities.
If the authorized bodies of state power in the prescribed manner reduce the funds of the corresponding budget allocated for the purpose of financing contracts concluded by the bank, such institution and other parties to such an agreement must agree on new terms, and if necessary, other conditions agreement. The party to the contract has the right to demand from B.u. only compensation for actual damage caused by changes in the terms of the contract.
Only an organization that simultaneously has the following characteristics has the status of a budgetary organization:
1. The founders of the organization must be government bodies of the Russian Federation, constituent entities of the Russian Federation, as well as local government bodies. Joint stock companies, cooperatives and other similar business entities cannot create a budget organization.
2. The purpose of creating a budgetary organization in the constituent documents may be defined exclusively as functions of a non-commercial nature. At the same time, this restriction cannot be understood to mean that a budget organization is prohibited from providing paid services and earn your own income.
The bulk budgetary organizations carries out certain types of paid activities and thus receives the funds necessary for its development. However, making a profit is not and cannot be the goal of a budget organization. And all the funds it independently earns should be used exclusively for the expansion and development of the system of services for which it was created.
3. A budgetary organization must be financed from the federal budget, the budget of a constituent entity of the Russian Federation, the municipal budget or the budget of a state extra-budgetary fund.
This feature has the following feature: the mere receipt of funding from the budget does not mean that this organization is budgetary. Budget funds are allocated not only to budgetary organizations, but also to commercial structures. This is carried out in numerous forms, ranging from the purchase of various goods for state or municipal purposes and ending with the provision of financial support in the form of grants, subventions, subsidies, etc.
4. Base financial planning budgetary organization is an estimate of income and expenses. Before the start of the financial year, the budget organization must draw up this document; after the expiration of the reporting period, a balance sheet for the execution of the estimate must be drawn up.
It should be noted that only a combination of all of the listed features together in relation to one structure gives a budgetary organization; each of the named features in itself does not mean that we are dealing with a budgetary organization.
Types of budget organizations.
Budgetary organizations can be classified according to a number of criteria.
Depending on the functions they perform (i.e., by type of activity), budgetary organizations can be divided in accordance with the functional classification of budget expenditures.
Based on this criterion, we can distinguish budgetary organizations that implement the functions of the state and, accordingly, receive funding according to sections of the budget classification:
public administration and local government, which, in particular, includes the Russian Federation Committee on Financial Monitoring, the Russian Federation Committee on Military-Technical Cooperation with Foreign States, federal Service Russian Federation on financial recovery and bankruptcy, Accounts Chamber Russian Federation, Ministry of Finance of the Russian Federation;
judicial power, including the Constitutional Court, the Supreme Court, courts of general jurisdiction, the Supreme Arbitration court;
international activities, embassies and representative offices abroad, etc.
Depending on the source of funding, budgetary organizations can be divided into the following groups:
financed from the federal budget;
financed from the budgets of constituent entities of the Russian Federation;
financed from local budgets.
Based on the sources of funds, budgetary organizations can be divided into two groups:
* budgetary organizations that provide paid services to individuals and legal entities and, accordingly, have their own sources of funds;
* budgetary organizations that do not provide paid services to individuals and legal entities and, accordingly, do not have their own sources of funds.
The place of finance of budgetary organizations in financial system RF.

1. A unitary enterprise is a commercial organization that is not endowed with the right of ownership of property assigned to it by the owner. Only state and municipal enterprises can be created in the form of unitary enterprises. The property of a unitary enterprise belongs by right of ownership to the Russian Federation, a constituent entity of the Russian Federation or a municipal entity.

On behalf of the Russian Federation or a subject of the Russian Federation, the rights of the owner of the property of a unitary enterprise are exercised by state authorities of the Russian Federation or government bodies of a subject of the Russian Federation within the framework of their competence established by acts defining the status of these bodies. On behalf of the Russian Federation, the rights of the owner of the property of a federal state enterprise can be exercised by the State Atomic Energy Corporation "Rosatom" in the manner established by the Federal Law "On the State Atomic Energy Corporation "Rosatom". On behalf of the Russian Federation, the rights of the owner of the property of a federal unitary enterprise can be exercised by the federal state state-financed organization"National Research Center" Institute named after N.E. Zhukovsky" in accordance with the Federal Law "On the National Research Center "Institute named after N.E. Zhukovsky". On behalf of the Russian Federation, the rights of the owner of the property of a state unitary enterprise can be exercised by the State Corporation for Space Activities "Roscosmos" in the manner established by the Federal Law "On the State Corporation for Space Activities "Roscosmos". On behalf of the Russian Federation, the rights of the owner of the property of a federal unitary enterprise can be exercised by the Federal state budgetary institution "National Research Center "Kurchatov Institute" in accordance with the Federal Law "On the National Research Center "Kurchatov Institute".

(see text in the previous edition)

On behalf of the municipality, the rights of the owner of the property of a unitary enterprise are exercised by local government bodies within the framework of their competence established by acts defining the status of these bodies.

The property of a unitary enterprise belongs to it by the right of economic management or by the right of operational management, is indivisible and cannot be distributed among contributions (shares, shares), including among employees of the unitary enterprise.

A unitary enterprise does not have the right to create another unitary enterprise as a legal entity by transferring part of its property to it (a subsidiary).

A unitary enterprise can, on its own behalf, acquire and exercise property and personal non-property rights, bear responsibilities, and be a plaintiff and defendant in court.

A unitary enterprise must have an independent balance sheet.

2. The following types of unitary enterprises are created and operate in the Russian Federation:

unitary enterprises based on the right of economic management - federal state enterprise and a state enterprise of a constituent entity of the Russian Federation (hereinafter also referred to as a state enterprise), a municipal enterprise;

Unitary enterprises based on the right of operational management are a federal government enterprise, a government enterprise of a constituent entity of the Russian Federation, a municipal government enterprise (hereinafter also referred to as a government enterprise).

3. A unitary enterprise must have a round seal containing its full corporate name in Russian and an indication of the location of the unitary enterprise. The seal of a unitary enterprise may also contain its corporate name in the languages ​​of the peoples of the Russian Federation and (or) a foreign language.

A unitary enterprise has the right to have stamps and forms with its corporate name, its own emblem, as well as a duly registered trademark and other means of individualization.

4. The creation of unitary enterprises on the basis of combining property owned by the Russian Federation, constituent entities of the Russian Federation or municipalities is not allowed.