Unitary enterprise e is a commercial organization not endowed with ownership of the 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 to the ownership of the Russian Federation, a constituent entity of the Russian Federation or a municipal formation.

On behalf of the Russian Federation or the constituent entity of the Russian Federation, the rights of the owner of the property of a unitary enterprise are exercised by the state authorities of the Russian Federation or the state authorities of the constituent entity of the Russian Federation within their competence established by the acts defining the status of these bodies.

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

The property of a unitary enterprise belongs to it on the basis of the right of economic management or on the right of operational management, is indivisible and cannot be distributed by contributions (shares, shares), including among the employees of the 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, on its own behalf, acquire and exercise property and personal non-property rights, bear obligations, be a plaintiff and defendant in court.

A unitary enterprise must have an independent balance sheet.

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 - 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). State and municipal unitary enterprises are commercial enterprises pursuing profit as the main goal of their activities (Article 50 of the Civil Code of the Russian Federation).

A unitary enterprise is such an organizational and legal form of a legal entity in which only state and municipal enterprises can be created.

A distinctive feature of unitary enterprises is that they are created and operate only on the basis of state or municipal property. Accordingly, their founders can only be the Russian Federation, a constituent entity of the Russian Federation or a municipal formation.

A state or municipal enterprise disposes of movable property belonging to it on the basis of the right of economic management independently, with the exception of cases established by federal law, other federal laws and other regulatory legal acts.

The charter of a state or municipal enterprise may provide for the types and (or) size of other transactions, the conclusion of which cannot be carried out without the consent of the owner of the property of such an enterprise.

Unitary enterprise a commercial organization is recognized that is not endowed with the ownership right to the property assigned to it by the owner, which is indivisible and cannot be expanded in terms of contributions (debts, shares), including between employees of the enterprise, and is state or municipal property.

In the conditions of the development of a market economy, unitary enterprises remain. To a certain extent, this is due to the priority development of certain sectors of the economy (construction), which is impossible without direct government investment.

The property of a unitary enterprise belongs to it on the basis of the right of operational management or economic management and is reflected in the independent balance sheet of the enterprise. The creation of a unitary enterprise on the basis of combining property belonging to the state or municipal property of several entities is not allowed. Enterprises based on such an association are created exclusively in the form of business entities.

A unitary enterprise is a legal entity, has a firm name with an indication of its organizational and legal form and the name of the entity to whose ownership the property of the enterprise belongs.

A unitary enterprise is responsible for its obligations with all property belonging to it and is not responsible for the obligations of the owner of its property.

The constituent document of a unitary enterprise remains the charter approved by the body authorized by the owner, which, in addition to other information provided for by law, must indicate the act of the state and municipal authority, which is the decision on its creation, the subject and purpose of the enterprise, as well as the size of the authorized capital of the enterprise, order, the source of its formation.

The management of a unitary enterprise is carried out in accordance with the legislation and the charter of the enterprise. The enterprise independently determines the structure of the governing bodies and the costs of their maintenance. The owner of the enterprise or the bodies authorized by him can fully or partially delegate these rights to the supreme management body of the enterprise provided for by its charter (council of the enterprise, board, etc.).

The head of a unitary enterprise acts on the principle of one-man management and bears responsibility to the owner of the enterprise for the consequences of his actions in accordance with the legislation of the Russian Federation and the contract concluded with him.

Thus, unitary enterprises have the following features in comparison with other commercial enterprises: firstly, the principle of unitarity is embedded in the form of management of a unitary enterprise - this means that the corresponding commercial enterprise is not endowed with the right of ownership of the property assigned to it, the owner of this property remains the founder ; secondly, the property of a unitary enterprise is indivisible and under no conditions can be distributed according to deposits, debts and shares, including among the employees of the unitary enterprise; thirdly, the right of responsibility remains with the founder and the property is assigned to the unitary enterprise only on a limited basis; fourthly, the head is the sole manager, who is appointed by the owner or an authorized body and is accountable to them.

In accordance with the Law on State and Municipal Enterprises, unitary enterprises operate in the following organizational and legal forms: a unitary enterprise on the right of economic management and a unitary enterprise on the right of operational management (federal state enterprise).

Federal state enterprise can be created when one of the following conditions is met:

• 1) if the activities carried out by him are permitted by federal laws exclusively for state enterprises;
• 2) if the predominant or significant part of the products manufactured by the enterprise (work performed, services rendered) is supplied for federal state needs.

The constituent document of a state-owned enterprise is its charter, approved by the Government of the Russian Federation. The firm name of an enterprise based on the right of operational management must contain an indication that the enterprise is state-owned. The rights of a state-owned enterprise to the property assigned to it are determined in accordance with Art. 296 and 297 of the Civil Code of the Russian Federation.

The Russian Federation bears subsidiary liability for the obligations of a state-owned enterprise if its property is insufficient.

The head of a federal government enterprise is a civil servant, whose appointment and dismissal from it is carried out in accordance with the procedure established by the legislation of the Russian Federation for civil servants. The manager enjoys all the rights and bears all the obligations stipulated by the legislation and the charter of the enterprise.

In cases where the state refuses to conclude a state contract or contracts with a state-owned enterprise, providing in aggregate a contract for less than 50% of its construction products (works, services), the enterprise must be liquidated or reorganized in the prescribed manner within six months, including by transforming it into an open joint-stock company.

Unitary enterprise on the right of economic management created by the decision of an authorized state body or local government body. The constituent document of an enterprise is its charter, approved by an authorized state body or local self-government body.

The property of the enterprise is formed at the expense of funds allocated for targeted purposes from the relevant budget, property transferred to the enterprise by the owner, income from their own entrepreneurial activities, and other sources.

The charter of an enterprise specifies the size of its statutory fund, which cannot be less than 1000 minimum monthly wages established by law or a greater amount established by the legislation of the Russian Federation on the date of registration of the enterprise.

A unitary enterprise is obliged:

• - to form a reserve fund in the amount determined by its charter and constituting at least 10% of the size of the authorized fund, directing for these purposes the profit remaining at its disposal until the reserve fund reaches the established value;
• - to use the resources of the reserve fund exclusively to cover losses, as well as to repay budget loans and pay interest on targeted loans in case of insufficient funds of the enterprise;
• - transfer to the appropriate budget a part of the profit remaining at its disposal after taxes and other mandatory payments and the formation of a reserve fund in the amount determined by the owner, within 10% of the company's net profit.

A unitary enterprise based on the right of economic management may create another unitary enterprise as a legal entity by transferring to it, in accordance with the established procedure, a part of its property under economic management (subsidiary enterprise).

The rights of a unitary enterprise on the right of economic management to the property assigned to it are determined in accordance with Art. 295 of the Civil Code of the Russian Federation.

The degree of property isolation for different enterprises is different.

So, the degree of property isolation of state unitary enterprises that are not the owners of the state property transferred to them is expressed in the assignment of such property to them on the basis of the right of economic management. It is clear that in relation to this property, the enterprise has a smaller set of rights than the owner in relation to his property.

The owner of the property under the economic jurisdiction, in accordance with the law, decides the issues of creating an enterprise, determining the subject and goals of its activities, its reorganization and liquidation, appoints the head of the enterprise, exercises control over the intended use and safety of the property belonging to the enterprise. The owner has the right to receive a part of the profit from the use of property that is in the economic jurisdiction of the enterprise.

An enterprise is not entitled to sell property belonging to it on the basis of the right of economic management, lease it, pledge it, make a contribution to the authorized capital of economic societies and partnerships, or otherwise dispose of this property without the consent of the owner.

Institutions that are not the owners of the property assigned to them own and use it on the basis of the right of operational management. The rights of such a legal entity in relation to the property assigned to it are even higher than in the exercise of the right of economic management. Such an 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. When the ownership of an institution is transferred to another person, this institution retains the right of operational management to the property belonging to it.

The previously operating scheme of relations between the state and economic entities in the construction industry assumed the possibility of managing construction organizations only through vertical structures and management links through command and administrative influence. Currently, such a scheme for the bulk of functioning construction organizations is outdated.

The command-and-control system demanded from the construction organizations the impeccable fulfillment of the instructions "from above". At the same time, the construction organizations themselves were obliged to spend the earned funds (profit) on production and social development in strictly allocated amounts, receive raw materials from the suppliers assigned to them and transfer the finished products to predetermined consumers at stable prices established by higher management bodies. The consumer was tied to the manufacturer by the plan and could not create competition in those economic conditions.

During the transition to new economic relations during the transformation of the previous governing bodies at all levels, the management vertical was completely disrupted. In addition, with the transformation of state-owned enterprises into joint-stock companies, the principles of their management have changed. The state (or a body authorized by it) can directly influence the economic activity of a joint-stock company by owning a controlling stake.

Unitary enterprises do not have the right to use the property. The legislation on unitary enterprises establishes that state and municipal unitary enterprises are commercial organizations that own property, but do not have the right to dispose of it, even if it was earned in the production process. It is a municipal property. In addition, it cannot be divided and distributed among different deposits.

Characteristics of the unitary enterprise in 2019

Unitarity is a kind of organization's activity, which is characterized as follows:

• the formation of this legal entity occurs when the owner allocates a specific share of the property, and not by combining any property of several persons;
• a legal entity has property on the basis of the right of economic management or operational management and cannot be divided;
• membership is not provided;
• management is carried out solely.

These economic entities are created for the following reasons:

• to have in use property that cannot be privatized;
• carry out activities to solve socially significant problems, putting up for sale a certain type of goods and services at the lowest prices and making commodity intervention on essential goods;
• to provide specific types of activities subject to subsidies, and to carry out unprofitable production.

The Law on Unitary Enterprises, the main purpose of their activities, calls solving problems of the state level on a commercial basis.

When creating such institutions, the state or the municipality provides it with property, which is their property on the basis of the right of economic management or operational management. Any name that is assigned to this legal entity must necessarily indicate who owns the property. The charter clearly states this. This economic entity is responsible for its obligations with the property belonging to it, without being responsible to the obligations of the owner of the property. The owner has the right to appoint to the position of the head of the enterprise.

What are the forms of municipal economic entities

The legislation on unitary enterprises offers two forms of their activity:

• on the right of economic management (state and municipal unitary enterprises);
• municipal unitary enterprises operating on the basis of operational management (state institutions).

State bodies or local self-government bodies, by their decision, form state and municipal unitary enterprises, carrying out their activities on the basis of the right of economic management. They are created with a specific purpose - to perform specific work, provide a variety of services and produce specific products. Everything these tasks are typical for commercial organizations... However, such legal entities are not limited in their rights to carry out various transactions. For example, they can rent out an empty space.

The constituent document of this legal entity is the charter. In addition to general information, he provides information about the goals of the organization and the size of the authorized capital.

A state unitary enterprise usually has a statutory fund not less than 5000 times the minimum monthly wage, and a municipal one not less than 1000 times the size. The statutory fund is created only in municipal enterprises.

Such institutions are managed by one person - the director. He is appointed to this position by the owner or a special body authorized to do so.

If there is property in federal or municipal ownership, then on its basis, municipal government institutions are formed... They are considered unitary enterprises operating on the basis of the right of operational management with a constituent document in the form of a charter.

The founding owner has the right to liquidate property that is not used, is considered unnecessary or is used for other purposes.

Only the owner agrees to use any property of the municipal government enterprise. The name of the enterprise must contain the word "official".

Property owned by a unitary enterprise

This legal entity uses the property in two ways:

• economic management;
• operational management.

State and municipal unitary enterprises under economic management use their own property on their own, the products that are produced and the income received, with some restrictions. This is clearly stated in the law. If an operative method of disposing of property by state institutions is used, then the consent of the owner is required to dispose of this property, the products that are produced and the profit received.

The property owner performs the following tasks:

• decides on the need to create an economic entity;
• determines what activities it will engage in;
• deals with issues of its reorganization and liquidation;
• controls the safety of property.

Subsidiaries by these legal entities do not have the right to be established. The law on state and municipal unitary enterprises says this directly. This is due to the fact in order to prevent the withdrawal from control of the property in the event of its transfer to subsidiaries... The sources of funding for these legal entities are the same as in other commercial organizations.

Advantages and disadvantages

These business entities have positive aspects.

They are created to address pressing issues. Compared to other commercial organizations, they are more sustainable because their activities are carried out in areas in which there is no competition due to the lack of interest from private entrepreneurs. Especially these entities have government support that saves them from ruin. Such enterprises pay wages on time, which is their main positive quality.

But there are also disadvantages of municipal unitary enterprises.

From an economic point of view, they are ineffective. Wages can stay the same for years, this contributes to a decrease in the productivity and interest of workers to carry out their labor activities. In addition, at these facilities, property is used for personal purposes to obtain their own benefit, there is theft, and a high degree of bureaucracy.

Reorganization of unitary enterprises

Reorganization is the termination of existing legal entities and the creation of new ones.

The Law on Unitary Enterprises provides for the following types of their reorganization:

• merger;
• separation;
• accession;
• transformation;
• selection.

If the property of economic entities belongs to one owner, then they are reorganized through a merger or acquisition.

If, as a result of division or separation, property arises, then, like the property of the reorganized legal entity, it must belong to this owner.

If the type of business entity has changed or its property has been transferred to another owner of state or municipal property, these changes must be made to the charter of the unitary enterprise.

In conclusion, I would like to conclude that unitary enterprises have civil rights only in a certain area of ​​activity for which they were created.

State and municipal unitary enterprises(hereinafter referred to as an enterprise) - commercial organizations that are not endowed with the right of ownership of the property assigned to them by the owner, in this they differ from other commercial organizations.

The authorized capital of an enterprise is the minimum size of an enterprise's property that guarantees the interests of its creditors, which can be formed at the expense of money, as well as securities, other things, property rights and other rights that have a monetary value.

Enterprises represent the organizational and legal form through which commercial organizations operate - legal entities that are subjects of entrepreneurial law (Articles 113-115 of the Civil Code of the Russian Federation).

The property of an enterprise is indivisible and cannot be distributed by contributions (shares), including among its employees.

Views:

- 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, a municipal enterprise;

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

The legal capacity of enterprises is not general, but special, that is, they can only carry out those activities that are enshrined in the charter of the enterprise.

The activity of unitary enterprises in certain areas of entrepreneurial activity is limited.

By agreement with the owner of its property, a unitary enterprise can create branches and open representative offices.

A unitary enterprise is responsible for its obligations with all property belonging to it and is not responsible for the obligations of the owner of its property.

The owners of the property of the enterprise are not liable for its obligations, except in cases where the bankruptcy is caused by the owner himself, while in case of insufficiency of the property he may be entrusted with subsidiary liability for the obligations of the enterprise.

Charter of a unitary enterprise- its only constituent document.

The enterprise disposes of movable property independently, within the limits that do not deprive it of the opportunity to carry out activities, with the exception of cases established by law.

An enterprise is not entitled to sell its real estate, lease it, pledge it or otherwise dispose of this property without the consent of the owner of the property of a state or municipal enterprise.

The owner of the property of the enterprise has the right to receive part of the profit from the use of the property under the jurisdiction of the enterprise.

The enterprise annually transfers part of the profit to the corresponding budget.

The activities of a unitary enterprise are carried out in accordance with the plan (program) of its financial and economic activities.

The head of a unitary enterprise is its sole executive body.

The specifics of the reorganization and liquidation of unitary enterprises are defined in the Law on State and Municipal Enterprises.

6. The concept and features of entrepreneurial activity. Forms and types of entrepreneurial activity.

7. State regulation of entrepreneurial activity.

8. State forecasting and planning of social and economic development of the Russian Federation.

9. State control (supervision) in the field of entrepreneurial activity.

10. The concept and types of business entities.

11. Citizens as subjects of entrepreneurial activity. The procedure for registration of entrepreneurial activity without the formation of a legal entity and the grounds for its termination.

12. Legal entities as subjects of entrepreneurial activity, their types and classifications.

13. Methods and stages of creating commercial organizations.

14. State registration of commercial organizations.

15. Licensing of entrepreneurial activity: concept, principles, licensing legislation, subjects of licensing relations, licensing requirements and conditions.

16. The concept of a license. Procedure for receipt, suspension, cancellation.

17. Legal status of structural units of legal entities.

18. The concept of a body of a legal entity; structure of bodies and delineation of competence. Responsibility.

19. Concept, types and procedure for reorganization of a legal entity.

20. Concept, types and procedure for liquidation of a legal entity.

22. Consideration of bankruptcy cases. The right to appeal to an arbitration court. The debtor's right and obligation to file a debtor's application with an arbitration court.

23. The concept of a debtor for the purposes of the Law on Insolvency (Bankruptcy). Concept, types, legal status of creditors. Meeting and committee of creditors, the procedure for their formation and competence.

24. The concept and types of arbitration managers. Mandatory conditions for membership in an SRO, requirements for the candidacy of an arbitration manager. Rights and obligations, responsibility of the bankruptcy commissioner.

25. Supervision as a procedure used in a bankruptcy case.

26. Financial recovery as a procedure used in a bankruptcy case.

27. External management as a procedure used in a bankruptcy case.

28. Bankruptcy proceedings as a procedure used in a bankruptcy case.

29. Settlement agreement as a procedure used in a bankruptcy case.

30. Simplified procedures applied in the bankruptcy case.

31. Features of bankruptcy of individual entrepreneurs.

32. Business partnerships as subjects of entrepreneurial activity.

33. Joint-stock companies as subjects of entrepreneurial activity.

34. Production cooperatives as subjects of entrepreneurial activity.

35. State and municipal unitary enterprises as subjects of entrepreneurial activity.

36. Non-profit organizations as subjects of entrepreneurial activity.

37. Features of the legal status of banks and other credit organizations.

38. Legal status of exchanges.

39. Limited liability companies as subjects of entrepreneurial activity.

40. The legal status of insurance organizations.

41. The legal status of the joint stock investment fund.

42. Mutual investment fund: concept, types. Creation and termination, management of a mutual investment fund.

43. Legal status of subsidiaries and dependent business entities, holding companies.

44. Subjects of small and medium-sized businesses: criteria for assignment, state support.

45. The concept and types of property of business entities.

46. ​​The concept of the accounting policy of the organization.

47. The legal regime of the fixed assets of the organization.

48. The legal regime of the organization's current assets.

49. The legal regime of the organization's intangible assets.

50. The legal regime of the authorized (pooled) capital (fund).

51. The concept and types of funds of the organization. Rules for storage, accounting and use of cash.

52. Legal regime of shares. The procedure for the issue and sale of shares. Controlling stake.

53. The legal regime of profit of a commercial organization.

54. The concept, content and limits of the exercise of the right of economic management and operational management of a unitary enterprise.

55. Levy of execution on the property of an organization (individual entrepreneur): grounds, stages, priority.

56. The concept of privatization of state and municipal property. Privatization legislation. Types of objects of privatization. Characteristics of the subjects of the privatization process.

57. Stages and methods of privatization of state and municipal property.

58. Concept and scope of antimonopoly legislation. Participants in relations governed by antitrust laws.

59. State antimonopoly body, its functions and powers.

60. Control of the antimonopoly body over economic concentration.

63. Responsibility for violation of antimonopoly legislation.

64. Natural monopolies: concept, types. Legislation on natural monopolies. Implementation of state regulation and control in the spheres of natural monopolies.

65. The concept of competition, the concept and forms of unfair competition.

66. Concept and procedure for granting state and municipal preferences in accordance with antimonopoly legislation.

67. Concept and principles of technical regulation. Legislation on technical regulation.

68. Technical regulations: concept, goals, content and application.

69. Concept, goals, principles of standardization. Documents in the field of standardization.

70. Confirmation of conformity: goals, principles, forms.

71. State control (supervision) over compliance with the requirements of technical regulations.

72. Responsibility for violation of legislation on technical regulation.

73. Concept and types of prices. State regulation of the establishment and application of prices for goods, works and services. Legal means of ensuring state price discipline.

74. Business contract: concept, signs, functions.

75. Features of the conclusion of a business contract.

35. State and municipal unitary enterprises as subjects of entrepreneurial activity.

A unitary enterprise is a commercial organization that is not endowed with the ownership right to the property assigned to it by the owner. The property of a unitary enterprise is indivisible and cannot be distributed by contributions (shares, shares), including among the employees of the enterprise.

The charter of a unitary enterprise must contain information about the subject and purposes of the enterprise, as well as the size of the authorized capital of the enterprise, the procedure and sources of its formation, with the exception of state-owned enterprises.

Only state and municipal enterprises can be created in the form of unitary enterprises.

The property of a state or municipal unitary enterprise is, respectively, in state or municipal ownership and belongs to such an enterprise on the basis of the right of economic management or operational management.

The property of a unitary enterprise is formed at the expense of: property assigned to a unitary enterprise on the basis of the right of economic management or on the basis of the right of operational management by the owner of this property; income of a unitary enterprise from its activities; other sources that do not contradict the legislation.

The right to property assigned to a unitary enterprise on the basis of the right of economic management or on the right of operational management by the owner of this property arises from the moment such property is transferred to the unitary enterprise, unless otherwise provided by federal law or established by the owner's decision on the transfer of property to the unitary enterprise.

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

The head of a unitary enterprise (director, general director) is the sole executive body of a unitary enterprise. The head of a unitary enterprise is appointed by the owner of the property of the unitary enterprise. The head of a unitary enterprise is accountable to the owner of the property of the unitary enterprise.

The head of a unitary enterprise acts on behalf of a unitary enterprise without a power of attorney, including representing its interests, concludes transactions on behalf of a unitary enterprise in accordance with the established procedure, approves the structure and staff of a unitary enterprise, recruits employees of such an enterprise, concludes with them, changes and terminates labor contracts, issues orders, issues powers of attorney in the manner prescribed by law.

The head of the unitary enterprise organizes the implementation of the decisions of the owner of the property of the unitary enterprise.

A unitary enterprise is responsible for its obligations with all property belonging to it.

A unitary enterprise is not responsible for the obligations of the owner of its property.

Unitary enterprise based on the right of economic management, is created by the decision of an authorized state body or local self-government body.

The constituent document of an enterprise based on the right of economic management is its charter, approved by an authorized state body or local self-government body.

The size of the authorized capital of an enterprise based on the right of economic management may not be less than the amount determined by the law on state and municipal unitary enterprises.

In cases and in accordance with the procedure provided for by the law on state and municipal unitary enterprises, on the basis of state or municipal property may be created operational unitary enterprise(state-owned enterprise).

The constituent document of a state-owned enterprise is its charter, approved by an authorized state body or local self-government body.

The firm name of a unitary enterprise based on the right of operational management must contain an indication that such an enterprise is state-owned.

The owner of the property of a state-owned enterprise bears subsidiary liability for the obligations of such an enterprise if its property is insufficient.

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