Municipal property management. Municipal property management General principles of municipal property management

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1. Privatization

2. Renting out

3. Acquisition at the expense of the local budget

4. Transfer to trust

5. Transfer for free use

6. Use as collateral

7. Contribution as a contribution to the authorized capital

8. Transfer to operational management

9. Transfer to economic management

Control questions on the topic:

1 The concept and forms of municipal property

2 The concept, objects and subjects of municipal property management

3 Classification of municipal property by areas of use

4 Municipal Property Management Functions

Transfer of municipal property to economic management

Municipal property shall be transferred to economic management by municipal unitary enterprises specially created for this purpose. Unitary enterprises are commercial organizations that are not endowed with the right of ownership of the property assigned to them by the owner. The owner of this property is either the state or municipalities. Accordingly, state and municipal unitary enterprises are distinguished. The property of a unitary enterprise is indivisible and cannot be distributed among contributions (shares, shares), including among employees of the enterprise.

The process of creating a MUE, like any legal entity, includes the following steps and actions:

1. Making a decision to create.

This decision is made by the head of the municipality. A draft of this decision is being prepared by the sectoral division of the administration, according to the profile of activity of which MUP will specialize. Simultaneously with the draft decision, a draft feasibility study must be prepared. These documents, as well as the explanatory note, reflect the expected results of activities and the resources necessary for the creation. An explanatory note must be coordinated with the relevant specialized departments of the administration of the Moscow Region (finance, property, legal). The decision to create a MUP is subject to mandatory approval by the representative body of the Ministry of Defense.

2. Preparation and approval of constituent documents of MUP.

Constituent documents regulate all the main aspects of the enterprise. These documents include the memorandum of association and articles of association. For unitary enterprises, the constituent document is the charter.

The following obligatory positions are reflected in the charter of the MUP without fail:

Purpose and subject of activity;

Property;

Rights and obligations;

Activity management;

Reorganization and liquidation

The purpose and subject of activity is determined by those issues of local importance, for the solution of which the enterprise is created.

The composition of the property transferred by the municipality to the MUP is determined by the profile of its activities. The peculiarity of this property is that it is indivisible and its disposal is strictly controlled by the municipality.

MUP has the right to participate in the activities of other organizations, open branches of representative offices.

The enterprise does not have the right to sell, lease or otherwise use the property transferred to it without the consent of the owner. The owner has the right to receive part of the profit from the activities of the MUP. The enterprise is obliged to report on the results of its activities to the owner. Reporting is carried out on a quarterly basis and is carried out according to established forms. Along with the traditional forms of statistical, tax reporting, the report of the MUP additionally provides information on the fulfillment of the financial indicators established for it, on the directions for using profits, on the number of work and the form of their payment.

The charter of the MUP is prepared by the branch body that initiated the creation of the enterprise, and approved by the property management department.

3. Appointment of the head of the MUP.

The general procedure for appointing the head of the municipal unitary enterprise provides for the proposal by the sectoral body of a candidate, its coordination with the municipal property management service and the head of the MO. Then the candidacy must be agreed with the representative body (the relevant committee of the City Duma).

Then an order is prepared on the appointment of the head of the MUP and an employment contract.

These documents are signed simultaneously with the charter of the MUP and the decision on its creation.

4. Formation of the statutory fund.

The statutory fund is a valuation of the property that is transferred to the MUP for economic management and with which it is responsible for its obligations). The minimum value of the statutory fund must be equal to 1000 minimum wages.

The formation of the statutory fund is carried out by transferring the relevant municipal property from the administration of the MO MUP. The fact of transfer is documented by an act signed by a representative of the administration and the director of the MUE. The deadline for the transfer is 3 months from the date of the establishment of the MUP.

5. Payment of state duty carried out by the director of the MUP. The amount of the fee is 2000 rubles.

6. Application for registration.

It is drawn up on behalf of the administration of the Moscow Region and contains information that the substantive positions of the charter comply with the requirements of the current legislation, that the information contained in it is reliable and that the established procedure for the creation of the MUE has been observed.

7. Submission of documents for state registration.

Documents are submitted to the registration authority, which is the tax authorities at the location of the MUP. Documents provided include:

Statement;

decision to create;

Deed of transfer of property.

8. State registration MUP is carried out within five working days from the date of acceptance of the documents and provides for the entry of MUP into the unified state register of legal entities. The enterprise is issued a certificate of state registration.

9. Obtaining identification or statistical codes.

These codes are used for the needs of statistical and tax accounting. They are assigned in statistical bodies and depend on the form of ownership, area of ​​specialization, industry affiliation, and other factors.

10. Tax registration

It is carried out by tax authorities simultaneously with state registration and provides for the assignment of MUP TIN

11. Opening a bank account

It is carried out by the director of the MUE and without fail provides for the preliminary certification of samples of the signature of the account holders.

12. Production of seal and corner stamp.

13. Obtaining a license

A license is an official document giving the right to an enterprise to engage in a certain type of activity in a certain territory for a certain period of time. A license is issued by the competent authorities. It is a form with many degrees of protection, a serial number, indicating the issuing authority and indicating the owner of the license.

Managing the activities of MUP.

Management of MUP activities is carried out by the highest representative and executive bodies. The supreme governing body of the MUP is the head of the Moscow Region represented by the Property Management Department. This governing body decides on all key issues of the enterprise:

a) transfers and controls the use of property

b) coordinates transactions related to property

c) carries out financial monitoring of activities

d) controls the state of accounting and reporting

e) makes a decision to conduct audits

f) coordinates the participation of MUP in the activities of other commercial organizations

g) prepares a decision on the appointment of the director of the enterprise

h) prepares an employment contract with him

i) apply penalties and incentives to the head of the enterprise

j) makes decisions on the reorganization and liquidation of the enterprise.

The next most important governing body of the MUP is the sectoral subdivision of the administration of the Moscow Region. The choice of this subdivision is determined by the specialization of the MUP. In sufficiently large municipalities, the bulk of the MUP is created according to the profile of activities related to the management of the economy of this formation.

The sectoral body of the administration of the Moscow Region is assigned the functions of coordinating, regulating and controlling the economic and production activities of the MUP assigned to it. For the practical implementation of these functions, the representative body performs the following main management actions:

1. Sets performance targets

2. Coordinates prices and tariffs for products and services of MUP

3. Determines the list of activity issues subject to priority control

4. Considers accounting and other reports of the enterprise and approves them

5. Coordinates the structure of the enterprise and the wage fund of its employees

General principles of municipal property management

Traditionally, “management” is understood as a purposeful impact on someone or something to achieve a given result.

Property is understood as the property that belongs to a particular object.

Municipal property is property owned by the relevant municipality.

Municipality is a populated territory within which local self-government is carried out, there is municipal property, a local budget and elected bodies of local self-government. The main forms of municipalities are settlements, municipal districts and urban districts.

Municipal property management- this is the impact of municipalities on their property in order to effectively solve the problems they face or the effective implementation of power.

The tasks facing the municipality are usually attributed to issues of local importance. Municipal property is an integral part of municipal property. Municipal property includes:

Local budget funds;

Municipal off-budget funds;

Property of municipal self-government bodies (LSG);

Municipal lands and other natural resources owned by municipalities;

Municipal enterprises and organizations

Municipal financial and credit institutions;

Municipal housing stock and non-residential premises;

Municipal institutions of education, health care, culture and sports.

Municipal property can be classified according to several criteria:

1. According to the level of authority for the implementation of which it is used:

Property intended for solving issues of local importance;

Property used to resolve issues transferred to the municipality of the constituent entities of the Russian Federation;

Property intended to ensure the activities of LSG bodies and relevant officials.

2. By direction of use (see table 4).

3. According to the form of use:

property used as collateral

Property belonging to the municipal treasury

・Property for rent

Property transferred to economic management

Property transferred to operational management

· Property transferred to trust management

Property transferred for free use

Privatized property

Property acquired at the expense of the local budget

Monuments of history, architecture and culture of local importance

· Property contributed as a contribution to the authorized capital of business entities.

The following bodies of local self-government act as subjects of municipal property management:

Administration of the municipality;

Representative body of the MO;

Head of the MO;

Sectoral and functional divisions of the administration of the Moscow Region.

Table 4 - Classification of municipal property by directions of use (sheet 1)

Table 4 - Classification of municipal property by directions of use (sheet 2)

Table 4 - Classification of municipal property by directions of use (sheet 4)