Unitary enterprises have. Types of unitary enterprises

State unitary enterprise - a commercial organization that is not endowed with the right of ownership of the property assigned to it by the owner. The property of a unitary enterprise is indivisible and cannot be distributed among contributions (shares, shares), including among employees of the enterprise. Only state and municipal enterprises can be created in the form of unitary enterprises.

The charter of a unitary enterprise must contain, in addition to information that is mandatory in the constituent documents of a legal entity in accordance with the provisions of Article 52 of the Civil Code of the Russian Federation (name of a legal entity, its location, procedure for managing the activities of a legal entity), also information about the subject and objectives of the enterprise, and also about the size of the authorized capital of the enterprise, the procedure and sources of its formation.

The property of a state unitary enterprise is in state ownership and belongs to such an enterprise on the basis of the right of economic management or operational management. In cases stipulated by the law on state and municipal unitary enterprises, by decision of the Government of the Russian Federation, a unitary enterprise based on the right of operational management (federal state enterprise) may be formed on the basis of federally owned property.

State unitary enterprises may be created by federal state authorities on the basis of federal state property, or formed by state authorities of constituent entities of the Russian Federation on the basis of state property of these constituent entities of the Russian Federation. The firm name of a unitary enterprise must contain an indication of the owner of its property.

The body of a unitary enterprise is the head, who is appointed by the owner or a body authorized by the owner and is accountable to him.

A unitary enterprise is liable for its obligations with all its property. A unitary enterprise shall not be liable for the obligations of the owner of its property.

The legal status of state unitary enterprises is determined by the Civil Code of the Russian Federation and the law on state and municipal unitary enterprises.

Russian electoral law: a dictionary-reference book. 2013 .

See what "State Unitary Enterprise" is in other dictionaries:

State unitary enterprise

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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 them. 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:

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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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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.

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.

In the national economy, there are many organizational and legal forms of a legal entity that differ in the method of creation, functions, and types of activity.

Most of them are built on full rights in rem and membership of participants, but among them there are those who have not general, but special legal capacity. These business entities are called unitary enterprises and have a number of differences that distinguish them from other companies.

Unitary enterprise - what is it?

A unitary enterprise refers to a specific legal entity that is not the owner of the real estate assigned to it. Like other commercial structures, it is created for profit, but its property remains the property of the state and is not divided into shares or shares. In the course of its activities, it uses someone else's property and transfers a part of its own profit to the owner.

A unitary enterprise is created by one founder, who retains the ownership of real estate, while the organization itself has only limited rights in rem. The concept of "unitarity" in this case indicates the indivisibility of property by contributions, including among the team, since none of the employees, apart from the founder himself, was directly involved in its formation.

Features of unitary enterprises

Organizations of a unitary form have a number of characteristic features that distinguish them from other legal entities:

— the management of the structure is carried out by the sole head, established by the owner or a person authorized by him;


- the charter is recognized as the constituent document of such a company;

- property is fixed for the organization in accordance with the rights of operational management or economic management;

- in its name there is an indication of the owner of the property;

- in the charter, in addition to general information, the purpose and nature of the enterprise's activities are indicated;

- the owner is not liable with his property for the debts of a company established on the basis of economic management, but is held liable if it is formed on the basis of operational management;

- the owner has the right to seize property if it is not used, is redundant or is not used for its intended purpose.

Why are unitary enterprises created?

When establishing an enterprise, the founder aims to solve the problems of the state on a commercial basis. Such a need most often appears due to the impossibility of privatizing real estate objects.


Sometimes such companies are created in order to provide unprofitable production or certain areas of activity subsidized by the state. In some cases, they are based to address any social issues, including the sale of certain products or the provision of services.

Examples of unitary legal entities include Russian Post, Mosfilm Concern, and the Russian Television and Radio Broadcasting Network.

What are unitary enterprises?

In accordance with property rights, unitary organizations are divided into two types. Enterprises formed on the basis of economic management include municipal and federal, as well as state-owned enterprises of a constituent entity of the Russian Federation. UE, open on the rights of operational management, may be state-owned municipal, state or federal enterprises.

Unlike other state or municipal structures, state structures do not have the ability to dispose of property, including movable property, and do not have an authorized fund.

What is the difference between a unitary and budgetary institution?

Unitary enterprises may appear to be similar to traditional government-subsidized public institutions.


However, there are some differences between them. Property is transferred to both budgetary and unitary organizations on the basis of management rights, but the former are classified as non-commercial and are opened to carry out social or managerial functions. Unitaries are commercial, and their main goal is to make a profit.