Unitary enterprises SUE and MUP. The main types of unitary enterprises

unitary enterprise- This is a commercial organization that is not endowed by the owner with the right of ownership of the property assigned to it.

Such enterprises are called unitary enterprises, since their property is indivisible and cannot be distributed among deposits, shares, shares, shares.

Only state and municipal enterprises can be created in this form.

The firm name of a unitary enterprise must contain an indication of the owner of its property.

The charter should clearly indicate to whom (the Russian Federation, which particular subject of the Russian Federation or local government) owns the property of a unitary enterprise on the basis of ownership. At the same time, property (respectively, state or municipal) belongs to a unitary enterprise on the basis of the right of economic management or operational management.

Types of unitary enterprises

Unitary enterprises can be of three types:

federal state unitary enterprise (FGUP),

state enterprise of the subject of the Russian Federation (SUE);

municipal enterprise (MUP) - a unitary enterprise of a municipality.

The essence of a unitary enterprise

Unitarity is a specific form of organization of activity, which is characterized by the following features:

creation of a legal entity through the allocation of certain property by the owner;

preservation of the founder's right of ownership to the transferred property;

assignment of property to a legal entity on the right of economic management or operational management;

indivisibility of transferred property;

no membership;

the presence of a single governing body.

The main reasons for the creation of unitary enterprises

The main reasons why unitary enterprises are created include the following reasons:

the implementation of certain subsidized activities and the conduct of certain industries operating at a loss;

implementation of activities to solve a number of social problems, including the sale of individual goods, works and services at minimum prices;

the need to use property, the privatization of which is prohibited.

The purpose of the activities of unitary enterprises

Since, in accordance with paragraph 2 of Art. 50 and Art. 113 of the Civil Code of the Russian Federation, unitary enterprises are commercial legal entities, then their activities are aimed at making a profit in favor of the owner of the property - the state or municipality, as well as to cover their own expenses.

In addition, the purpose of the activity is not only to make a profit, but also to satisfy the interests of the state, to meet state needs.

At the same time, depending on the method of securing property, two types of unitary enterprises are distinguished (clause 2 of article 113 of the Civil Code of the Russian Federation):

unitary enterprises based on the right of economic management (Article 114 of the Civil Code of the Russian Federation);

unitary enterprises based on the right of operational management (state-owned enterprises; Article 115 of the Civil Code of the Russian Federation).

Constituent documents of a unitary enterprise

The founding document of a unitary enterprise is:

decision to establish a federal state enterprise. Such a decision is made by the Government of the Russian Federation or federal executive bodies in accordance with the acts defining the competence of such bodies;

the decision to establish a state enterprise of a constituent entity of the Russian Federation or a municipal enterprise is made by the authorized body of state power of a constituent entity of the Russian Federation or a local self-government body in accordance with acts defining the competence of such bodies;

The document defining the procedure for managing a unitary enterprise is its charter.

Charter of a unitary enterprise

The constituent document of a unitary enterprise is the charter of the organization, which is approved by the ministry, department or other federal body.

The charter of a state and municipal enterprise must contain, in addition to the usual information specific to each legal entity, information on the subject and goals of its activities, as well as on the size of the organization's authorized fund.

Statutory fund of a state unitary enterprise

The size of the authorized capital of a state unitary enterprise must be equal to at least 5,000 minimum wages, and that of a municipal unitary enterprise must be at least 1,000 minimum wages.

Property of a unitary enterprise

The methods of using the property of a unitary enterprise include the use of property on the right:

economic management;

operational management.

With the method of economic management, a unitary enterprise (SUE, MUP) can dispose of the property assigned to it, its products and income from the sale of goods, works or services independently, taking into account the current restrictions established by law.

With the method of operational management, a unitary enterprise (state-owned enterprise) has the right to dispose of the property assigned to it, manufactured products and income from the sale of goods, works or services only on the basis of the consent of the owner.

Sources of formation of property of a unitary enterprise

The sources of formation of the property of a unitary enterprise are:

property that is transferred to the enterprise on the basis of the decision of the owner to pay for the authorized capital;

other property that is transferred to the enterprise by decision of the owner;

profit that was received in the course of the economic activity of the enterprise;

received credit and borrowed funds;

accrued depreciation amounts;

capital investments made by the enterprise;

received subsidies from the budget;

Unitary enterprise: details for an accountant

• Actual problems of procurement activities of unitary enterprises

  Current legislation on procurement of unitary enterprises The main law governing the procurement ... application of legislation on procurement by unitary enterprises Cases or circumstances ... were envisaged. Thus, the Crimean unitary enterprises, operating mainly in accordance with ... * As can be seen, in the near future, unitary enterprises will face a significant tightening of procurement activities ... abuses in the procurement of unitary enterprises can only be achieved ...

• Unitary enterprises on interdependence

  In this consultation, we will acquaint accountants of unitary enterprises with the concept of “interdependent persons ... organizations. For example, if a unitary enterprise owns 90% of the authorized capital ... the rights of the owner of the property of the corresponding unitary enterprise are not recognized as interdependent ... that the head of the unitary enterprise is recognized as interested in the transaction by the unitary enterprise if ... relations with the unitary enterprise; in other cases determined by the charter of the unitary enterprise. ...

• Procurement of medicines for unitary enterprises facilitated

  The creation of a state or municipal unitary enterprise is the need to carry out activities ..., in particular: - state unitary enterprises, municipal unitary enterprises that are pharmacy organizations, if available ... indicate that state, municipal unitary enterprises that are pharmacy organizations carry out. .. 09/01/2017 state, municipal unitary enterprises that are pharmacy organizations have the right ...

• Unitary enterprise received property on lease

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• Carrying out leasing activities in Belarus through a subsidiary

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• Changes in payroll legislation

  State institutions, federal state unitary enterprises - regulatory legal acts ... municipal institutions, municipal unitary enterprises - regulatory legal acts ... unitary enterprises, state institutions of the constituent entities of the Russian Federation, state unitary enterprises of the constituent entities of the Russian Federation, municipal institutions, municipal unitary enterprises ... in relation to the head of a unitary enterprise is adopted by the body authorized by the owner of the unitary enterprise ...

• For the first time - publication of information on the average monthly salary of managers, their deputies and chief accountants on the Internet

  institutions; municipal institutions; state unitary enterprises; municipal unitary enterprises. Where exactly on the Internet ... institutions, state and municipal unitary enterprises. Thus, the calculation of the average monthly ... federal state institutions, federal state unitary enterprises - by the regulatory legal acts of the Government ... chief accountants of municipal institutions, municipal unitary enterprises - by the regulatory legal acts of the authorities ...

• Ministry of Labor explains...

  The level of wages ratio (in particular, by unitary enterprises), the following steps should be taken: 1 ... it is unfair to ignore directly the Crimean unitary enterprises. Conditions of remuneration of their heads ... state institutions and federal state unitary enterprises. According to this resolution, the relevant information ... of the chief accountants of state institutions, state unitary enterprises of the Republic of Kazakhstan (hereinafter referred to as the Procedure) is approved by the Resolution ...

• On the transfer of part of the profits of UE Housing and Public Utilities to the budget

  Reporting? Like any other unitary enterprise, a public utility unitary enterprise must ... . In the organizational and legal form of unitary enterprises, state and municipal enterprises operate ... -FZ "On State and Municipal Unitary Enterprises" (hereinafter - Federal Law No. 161 ... 161-FZ provides for the annual transfer by a unitary enterprise to the budget of part of the profit, therefore. .. are absent for 2012. * * * A unitary utility company is obliged to transfer to ...

• Depreciation premium as a way of tax optimization

  use. We note right away that such an opportunity is provided to a unitary enterprise only in ... use. We note right away that such an opportunity is provided to a unitary enterprise only in ... disagreements with the tax authorities. If the unitary enterprise uses the specified right, the corresponding ... premium. General rule Suppose a unitary enterprise decides to sell a fixed asset in ... used in the construction of a facility Unitary enterprises can purchase fixed assets for ...

• Changes in Law No. 44-FZ of 2018. New Procurement Rules

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• Management salaries according to the new

  Federal state institutions, federal state unitary enterprises - regulatory legal acts of the Government of the Russian Federation ... subjects of the Russian Federation; municipal institutions, municipal unitary enterprises - by regulatory legal acts of bodies ... conditions for remuneration of heads of state unitary enterprises (state enterprises, state-owned enterprises) ... institutions and federal state unitary enterprises approved by the Decree of the Government of the Russian Federation ...

• Transformation of a telecom operator from UE to JSC: determining the cost of fixed assets

  Created in the form of a unitary enterprise, into a joint-stock company? The transformation of a unitary enterprise into a joint-stock company ... in the order of privatization when a unitary enterprise is transformed into a joint-stock company, is accepted to ... by transformation of state and municipal unitary enterprises. It turns out that the state and municipal ... existing unitary enterprise. The creation of a joint-stock company during privatization in the order of the transformation of a unitary enterprise is ...

• New year 2018 – new procurement rules

  What to prepare. For a year now, unitary enterprises have been guided by Federal ... No. 44-FZ when making purchases, the right of a unitary enterprise to refuse to conclude a contract with ... 2018). It is from this date that unitary enterprises are in a situation where the participant ... participate in such a competition. A unitary enterprise will be able to correct the notice no later than ... in Law No. 223-FZ Unitary enterprises should also be aware of the changes ... there are other innovations. Unitary enterprises should know that from 31 ...

• Accounting for the allocated subsidies

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A municipal unitary enterprise is a legal entity of a commercial orientation that owns property, but does not have the right to dispose of it at its discretion.

This prohibition also applies to profits made by him. In fact, the state, which allocated the initial capital, owns everything. The organization uses the provided property.

MUP - decoding of the abbreviation

The frequently used abbreviation MUP stands for "municipal unitary enterprise".

The term is invested with the understanding that the actual right to dispose of the movable property of the organization is vested in the municipality. Unitarity implies a ban on the division of property into separate shares, on privatization.

State and municipal unitary enterprises table

Of course, state and municipal unitary organizations have a number of differences. They are shown in the most complete format in the table below.

Law on State and Municipal Unitary Enterprises

The legislator regulates the activities of these organizations in:

• Civil Code of the Russian Federation (Art. 113-115);
• N 161-FZ of November 14, 2002 "On state and municipal enterprises";
• Statutory documents of the organization.

According to the listed norms, these organizations are endowed with all the rights of legal entities. At the same time, they are limited in individual manifestations of commodity-market relations. They are summarized below in this article.

Characteristics of CBM

We have collected the most important features of these organizations.

Owner

These organizations are formed as a result of the allocation by the owner - a municipality or the state - of a property share.

The creation of these organizations is aimed at satisfying any need or fulfilling the tasks of the state. In the process of activity, the organization has the right to make a profit. This is usually done by renting empty buildings or rooms, providing some kind of service, or carrying out production.

The owner of the property rights of the organization on the rights of households. management and the organization itself are separate from each other. For the debts of the organization, the owner of the property right can be held liable only if his actions led to the formation of debts. The organization itself is not responsible for the debts of the founders.

Authorized capital

The size of the authorized capital is established by the charter of the organization. Its level is forbidden to be set below the minimum wage multiplied by 1000.

Number of participants

A distinctive feature is that there are no official participants in these organizations. They only have membership.

Organizational and legal form of MUP

There are two organizational and legal forms of MUP:

• on the rights of operational management;
• on the rights of economic management (state).

Belonging to a certain form is recognized on the basis of the right to dispose of the property allocated by the owner. In the first form, the head disposes of movable property at his own discretion, in the second, he uses this right only with the approval of the authorities.

A unitary type organization is not vested with the right to transfer parts of property for the creation of other legal entities, subsidiaries.

It is worth noting: organizations of this type at the same time are able to acquire a new property right, to be brought to court.

They have their own separate account.

The difference between MBU and MUP

MUPs are created, according to their charters, for commercial purposes.

Unlike them, the budgetary organization does not have a commercial focus. They exist only at the expense of the budget allocated to them and are never created on a commercial basis.

This type of organization in Russia is characterized by increased stability in the face of all kinds of crises and the collapse of commodity-market relations. This is due to the virtual absence of competition from other market entities, since their areas of activity are specific.

The state exercises constant supervision over its institutions and, if necessary, provides them with support. The institutions themselves show stability in the remuneration of their members. This legal position distinguishes them favorably and attracts new labor force.

Municipal unitary enterprises examples

An example of a traditional CBM is CBM"Narofominsky trolleybus", MUP "Settlement center of housing and communal services".

Conclusion

These institutions are characterized by low economic efficiency by definition. For each economic period, they are given clear instructions from above.

They often experience stagnation in the development of members, as the level of remuneration is maintained for many years. This leads to a lack of interest of members in development. Thefts of government property are common, and all the conditions for bureaucratic violations quickly flourish.

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 is owned by the Russian Federation, a subject of the Russian Federation or a municipality.

On behalf of the Russian Federation or a constituent entity 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 state authorities of a constituent entity of the Russian Federation within 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 may 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 may be exercised by the federal state budgetary institution "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 may 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 may 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 previous edition)

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

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

A unitary enterprise is not entitled to create another unitary enterprise as a legal entity by transferring to it a part of its property (subsidiary enterprise).

A unitary enterprise may, in its own name, acquire and exercise property and personal non-property rights, bear obligations, be a plaintiff and a 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 - a 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 state enterprise, a state enterprise of a constituent entity of the Russian Federation, a municipal state enterprise (hereinafter also referred to as a state enterprise).

3. A unitary enterprise must have a round seal containing its full company name in Russian and an indication of the location of the unitary enterprise. The seal of a unitary enterprise may also contain its trade 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 letterheads with its own company name, its own emblem, as well as a trademark registered in the established order and other means of individualization.

4. Establishment of unitary enterprises on the basis of amalgamation of property owned by the Russian Federation, subjects of the Russian Federation or municipalities is not allowed.

Subject of the Russian Federation or municipality.

The legal status of a state unitary enterprise and a municipal unitary enterprise, the rights and obligations of the owners of their property, the procedure for creating, reorganizing and liquidating a unitary enterprise are determined in accordance with the Civil Code of the Russian Federation by the Federal Law "On State and Municipal Unitary Enterprises" dated November 14, 2002 No. 161- Federal Law (as amended on December 1, 2007).

Unitary enterprises are created and operate in the Russian Federation:

• 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;
• unitary enterprises based on the right of operational management - a federal state-owned enterprise, a state-owned enterprise of a constituent entity of the Russian Federation, a municipal state-owned enterprise (state-owned enterprise).

A unitary enterprise may have civil rights corresponding to the subject and goals of its activity, provided for in its charter, and bear obligations related to this activity.

It is considered to be established as a legal entity from the date of making the relevant entry in the Unified State Register of Legal Entities.

The property of a unitary enterprise is indivisible and cannot be distributed among contributions (shares, shares), including among employees of the enterprise. It is this property that forms the statutory fund and is allocated for this purpose from the appropriate state or municipal budget.

A state or municipal enterprise may be established in the cases provided for by law. This implies another feature of the legal status of a unitary enterprise - special legal capacity - it has the right to have only such civil rights and bear obligations that are necessary for the implementation of the goals and objectives provided for by its charter. Nevertheless, a unitary enterprise may, on its own behalf, acquire and exercise property and personal non-property rights, bear obligations, be a plaintiff and a defendant in court.

The responsibility of a unitary enterprise for its obligations depends on whether it is based on the right of economic management or on the right of operational management. However, the general rule applies: a unitary enterprise is not liable for the obligations of the owner of its property (the Russian Federation, its subject, municipal formation), just as the owner of property is not liable for the obligations of a state or municipal enterprise, except in cases where the insolvency (bankruptcy) of such enterprise is caused by the owner of its property. In these cases, if the property of a state or municipal enterprise is insufficient, the owner may be held subsidiary liable for its obligations (Article 7 of the Law “On State and Municipal Unitary Enterprises”).

Since the state assumes some responsibility for these enterprises, they do not need to provide them with extensive rights to their property.

unitary enterprise

Unitary enterprise- a special organizational and legal form of a legal entity. A commercial organization that is not endowed with the right of ownership of the property assigned to it by the owner. The property is indivisible and is not distributed among deposits (shares, shares), incl. between employees of the enterprise. In addition to the information specified in paragraph 2 of Art. 52 of the Civil Code of the Russian Federation, the legal status of state and municipal unitary enterprises is determined by the Civil Code and the law on state and municipal enterprises.

Russian Federation

In the Russian Federation, the main law regulating the activities of unitary enterprises is the Federal Law of November 14, 2002 No. 161-FZ “On State and Municipal Unitary Enterprises”.

Unitary enterprises can be of three types:

1. Federal State Unitary Enterprise - FSUE
2. State unitary enterprise - SUE (subject of the federation)
3. Municipal unitary enterprise - MUP (Municipal entity)

The founding document of a unitary enterprise is the charter.

A unitary enterprise is not entitled to create another unitary enterprise as a legal entity by transferring to it a part of its property (subsidiary enterprise). This restriction was introduced by Federal Law No. 161-FZ of November 14, 2002, while earlier Russian legislation allowed unitary enterprises based on the right of economic management to create subsidiaries of unitary enterprises. With the adoption of this law, the existing subsidiaries unitary enterprises were subject to joining the enterprises that founded them within six months, that is, until June 3, 2003.

Unitary enterprises are obliged, in cases determined by the owner of the property, to conduct an annual mandatory audit. At the same time, an agreement for a mandatory audit of the reporting of unitary enterprises must be concluded following the results of placing an order by holding an auction in the form of an open tender, in the manner prescribed by the Federal Law of July 21, 2005 No. provision of services for state and municipal needs”.

Typically, unitary enterprises are regarded as less transparent than joint-stock companies, since in the latter the law establishes corporate governance procedures. However, the 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 purchases on the official websites of 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 the regional procurement websites and for municipal unitary enterprises on the official websites of municipalities or, in their absence, on the official procurement websites of the regions.

Since, in accordance with paragraph 2 of Art. 50 and Art. 113 of the Civil Code of the Russian Federation, unitary enterprises are commercial legal entities, their activities are aimed at making a profit in favor of the owner of the property - the state or municipality, as well as to cover their own expenses. In addition, of course, the purpose of the activity is not to make a profit, but to satisfy the public interests of the state, to ensure state needs.

At the same time, depending on the method of securing property, two types of unitary enterprises are distinguished (clause 2 of article 113 of the Civil Code of the Russian Federation):

• unitary enterprises based on the right of economic management (Article 114 of the Civil Code of the Russian Federation);
• unitary enterprises based on the right of operational management (state-owned enterprises) (Article 115 of the Civil Code of the Russian Federation).

CIS

In most CIS countries, there are also private unitary enterprises that are not endowed with the right of ownership of the property assigned to it. The property is indivisible and cannot be distributed among deposits, shares, shares, shares and is the common joint property of its members, individuals, one individual or one legal entity. These include peasant (farm) households, individual, family and subsidiaries. In the Russian Federation, they are not recognized as independent organizations, with the exception of subsidiaries, and the heads of such organizations are individual entrepreneurs, which creates property and organizational difficulties for an individual entrepreneur (in fact, an enterprise). For example, there is no right of private ownership of an enterprise as a property complex, since an enterprise involves additional economic relations, which is not the case with individual entrepreneurship, there is no clear regulation on the position of members in an enterprise, the distribution of profits and responsibilities between them, and many other aspects.

Examples

• Federal State Unitary Enterprise Arsenal Design Bureau named after M.V. Frunze »
• Federal State Unitary Enterprise Space Communications
• FSUE "NPP VNIIEM"
• Federal State Unitary Enterprise "SPC Gas Turbine Engineering Salyut"
• Federal State Unitary Enterprise Russian Post
• Federal State Unitary Enterprise "Russian Television and Radio Broadcasting Network"
• FSUE ""
• Federal State Unitary Enterprise "Housing and Communal Administration of the Russian Academy of Sciences"

see also

Notes

Links

• Catalog of official websites of Federal State Unitary Enterprises

Wikimedia Foundation. 2010 .

• Online edition
• Manasse Yerzh

See what "Unitary Enterprise" is in other dictionaries:

Unitary Enterprise- See Unitary Enterprise Glossary of business terms. Akademik.ru. 2001 ... Glossary of business terms

unitary enterprise- (English Unitarian / unitary enterprise) in the civil law of the Russian Federation, a commercial organization that is not endowed with the right of ownership of the property assigned to it by the owner ... Encyclopedia of Law

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unitary enterprise- (unitary enterprise) a commercial organization that is not endowed with the right of ownership of the property assigned to it by the owner (state, municipality): it belongs to it on the basis of the right of economic management or operational management. IN… … Economic and Mathematical Dictionary

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UNITARY ENTERPRISE- according to the civil legislation of the Russian Federation, a commercial organization that is not endowed with the right of ownership of the property assigned to it. Property U.p. is indivisible and cannot be distributed among deposits (shares, shares), incl. between workers... Legal Encyclopedia

UNITARY ENTERPRISE- in accordance with Art. 46 of the Civil Code, a unitary enterprise is one of the forms of commercial organizations in which legal entities can be created. According to Art. 113 of the Civil Code, a unitary enterprise is a commercial organization that does not ... ... Legal Dictionary of Modern Civil Law

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