RIGHT OF OPERATIONAL MANAGEMENT
-the right of state and municipal unitary enterprises to function on the basis of property in federal ownership, and be established by decision of the Government of the Russian Federation. The subjects of this right may be federal state enterprises and institutions of any form of ownership. The rights of the owner in respect of property assigned to the POU are wide, but only the property that is not used for its intended purpose or the excess property is subject to confiscation.
State-owned enterprises are usually created in the most important branches of the economy for the state, in which an increased rate of profit or in which subsidies from the budget are required.
The constituent document of the state enterprise is the charter approved by the relevant federal executive body, certain
The Government of the Russian Federation.
The charter should provide for:
1) the legal regime of the property of a state enterprise;
2) the nature and limits of its production and economic activities;
3) organization of accounting, reporting;
4) presence of quality of the legal person;
5) the right to have a settlement and current account with the bank;
6) a seal with its name, forms and a registered trademark.
The firm name of the enterprise, based on the PW, should contain an indication that the enterprise is state-owned.
State-owned enterprises have
Independent balance and receive income from the results of their activities. The activity of the state enterprise is planned
Authorized management body, and it is entitled to exercise independent economic activity only with the permission of the authorized body.
An enterprise based on PWU is liable for its obligations with the property that is at its disposal, but it can not assume obligations for damages and indemnify losses that may be caused to the supplier (executor) in connection with the performance State order. The owner of the property bears subsidiary liability for obligations in the event of a shortage of his property.
Enterprises based on PW, are reorganized and liquidated by the decision of the federal government. The grounds for this are:
1) non-targeted use of allocated federal funds;
2) lack of profit for the last 2 years;
3) use of immovable property assigned to the enterprise on the right of full economic management, with violation of the current rules.
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