Russian Entrepreneurs Have Right for Equal Ranking Premises
OREANDA-NEWS. December 15, 2009. When taking state or municipal property due to demolition or reconstruction of buildings or other facilities, or when they are transferred to state and municipal education or medical institutions, the lease holders and other users of this property can get new premises, buildings or constructions without tendering, reported the press-centre of FAS Russia.
The associated No.621 Order of the Federal Antimonopoly Service (FAS Russia) of 18th September 2009 "On Establishing Conditions when Fixed Property is Considered of Equal Ranking to Previously Held Fixed Property" came into effect on 27th November 2009, after it was registered by the Ministry of Justice of the Russian Federation on 29th October 2009.
According to the FAS Russia's Order, the premises, buildings and constructions that are made newly available, must meet conditions of equal ranking to the previous premises and buildings, under the following three criteria: location, space area and cost, determined under the law of the Russian Federation regulating assessment activities.
The Order was issued to execute Article 17.1 (specifics procedures for entering into the agreements for state and municipal property) of the Federal Law "On Protection of Competition" as amended by 173 Federal Law "On Introducing Amendments to Articles 17.1 and 53 of the Federal Law "On Protection of Competition".
The latest amendments to the Law expanded the list of entities that can enter into the agreements for transfer of the rights for state and municipal property without competitive bidding. Now this list includes, in particular, state and municipal institutions, non-commercial organizations in the form of unions and associations, religious and non-governmental organizations, Law Chambers, Notary Chambers, Chambers of Commerce and Industry as well as educational and medical institutions.
To exercise the right for preferential buy-outs of rented premises, small and medium business can prolong tenancy contracts, concluded before 1st July 2008, without competitive bidding for the period through 1st July 2015 года.
To increase transparency of procedures and facilitate formation of the single economic space on the whole territory of the Russian Federation, from 1st January 2011 all information about tenders or auctions for the right to enter into such agreements will be centrally published at the single official web-site for tendering in the Russian Federation.
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