The conduct of privatization in the country isrelatively new legal institution in the legal system of the country. In Russia, this activity is regulated by a federal law that establishes that the privatization of municipal property is a legal procedure for changing public ownership into private property, which is based on specially developed rules and laws. These rules stipulate all measures and methods for the termination of public property, and methods for the emergence of private property.
The law treats privatization as compensatory alienation into the ownership of private individuals (physical) or organizations (legal) municipal property.
In various sources, especially in the educational andscientific literature, the transfer of municipal property is considered as a legally guaranteed transfer of immovable and other property from the state form (or municipal) to the private one. At the same time, the law specifically stipulates that the subject of transfer may also be securities and other assets that contain property rights.
The law presupposes that the privatization of municipal property, as well as of state property, is carried out in accordance with the principles indicated below:
1) recognition of the equality of participants in the acquisition of municipal property and respect for the publicity and openness of the work of authorities in the field of privatization activities;
2) reimbursement, that is, the collection of a certainpayment or transfer to the state property (municipal formation) of the shares of JSC, into the authorized capital of which the privatized state property or property of municipalities is credited;
3) the independence of the institutions of power in resolving issues that affect the privatization of municipal property and the adoption of decisions on these issues;
Russian legislation, of whichprivatization of municipal property is regulated, contains, in addition to the already mentioned federal law, other legal acts relevant to the issues of privatization. At the same time, the federal law specifically stipulates that other acts regulating privatization, which are adopted at the regional level, can not contradict federal law. Any provision on the privatization of municipal property must be of an exclusively coordinated nature and not exceed the authority of a particular entity in the implementation of privatization.
Legislation also clearlyprivatization. This list is exhaustive and can not be interpreted or applied in any other way. Among these ways, the law provides for the following:
- change in the form of ownership, mainly through the transformation of the company into an open joint stock company;
- Sale at auction;
- open sale of the assets of the OJSC;
- realization through placing it in a special competition;
- sale of property outside the country (this method applies only to assets in which there is a share of state property);
- placement and conduct of operations for the sale of shares of JSC on the stock exchange;
- the sale of municipal property through its public offering or through sale without a price announcement;
- entering property in the authorized capitals of the Company and business entities;
- sale of the assets of the company based on the results of trust transactions;
Summarizing what has been said, it is possible to reduce all operations onways of privatization to the transformation of unitary enterprises into JSCs, entering it into authorized capitals, selling through auctions and other forms of sale. At the same time, regional peculiarities should be taken into account when conducting transactions for the privatization of municipal property.