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GOVERNMENT OF SAINT PETERSBURG
RESOLUTION No. 1589
On the Municipal Property Administration Committee,
Dated September 21, 2004
(including amendments dated November 28, 2005)
The document with amendments introduced by:
Resolution No. 1828 of the Government of Saint Petersburg dated November 28, 2005.
In accordance with Article 45 of the Charter of Saint Petersburg, Articles 8 and 9 of the Saint Petersburg Act No. 642-87 “On the government of Saint Petersburg”, the government of Saint Petersburg shall decree to:
1. Approve the Provisions on the Municipal Property Administration Committee.
2. Charge vice-president of Saint Petersburg Yu.V. Molchanov with supervision over execution of the resolution.
Governor of Saint Petersburg
V.I. Matvienko
Entered into the Normative Acts Register
On October 22, 2004,
Registration No. 2223
APPROVED
By the resolution of the Government of
Saint Petersburg
on 21.09.2004 No. 1589
Provisions
On the Municipal Property Administration Committee
(including amendments of November 28, 2005)
1. General
1.1. The Municipal Property Administration Committee (hereinafter referred to as the “Committee”) is an executive body of the government of Saint Petersburg. The Committee is duly authorized to act as a territorial organ of the federal executive body providing administration of the federal property.
1.2. The Committee implements the government policy in the sphere of management and administration of the state property in Saint Petersburg, as well as supervision over its use and integrity.
1.3. In its activity, the Committee is guided by the Constitution of the Russian Federation, the federal constitutional laws, federal laws and other normative acts of the Russian Federation, the Charter of Saint Petersburg, acts of Saint Petersburg and other normative acts of Saint Petersburg, decrees and resolutions of the governor of Saint Petersburg, decrees and resolutions of the government of Saint Petersburg, as well as these Provisions.
1.4. The Committee is subordinate to the Government of Saint Petersburg.
1.5. The Committee is headed by the chairman of the Committee appointed to the office in a due procedure by the Government of Saint Petersburg upon decision of vice-government of Saint Petersburg coordinating and monitoring activity of the Committee.
1.6. The Committee is a legal entity, possesses bank accounts, a seal and blanks with an insignia of the emblem of Saint Petersburg and its designation.
1.7. The Committee exercises authority over:
a state organization, the Municipal administration of inventory and real estate evaluation;
a state organization dealing with settlement of real-estate transactions, the Property fund of Saint Petersburg;
a unitary state company, the Municipal administration of inventory and real estate evaluation;
(The paragraph was added by resolution No. 1828 of the Government of Saint Petersburg dated November 28, 2005).
1.8. Location of the Committee: Smolny, Saint Petersburg, 191060.
2. Objectives of the Committee
The main objectives of the Committee are concerned with:
Implementation of privatization of the state property of Saint Petersburg;
Execution of legal actions connected with delimitation of the state property;
Administration of the state property, including implementation of legal actions connected with creation, reorganization and liquidation of state unitary enterprises and state organizations in Saint Petersburg (hereinafter referred to as state companies and organizations), as well as other legal entities related to Saint Petersburg;
Registration of the state property in the Saint Petersburg State Property Register;
Administration of the state property in Saint Petersburg in accordance with the current legislation;
Monitoring of utilization and integrity of the state property of Saint Petersburg;
Protection of property rights of Saint Petersburg.
3. Authority of the Committee
With the view of implementation of objectives set forth in Clause 2 of these Provisions, the Committee will be authorized to:
3.1. Work out in a due procedure a draft normative act on the planning of the privatization (privatization program) of the state property in Saint Petersburg.
3.2. Implement in a duly organized procedure privatization of the state property in Saint Petersburg (except for privatization of living premises in the order set forth in Act of the Russian Federation No. 1541-1 dated 04.07.1991. “On the housing privatization in the Russian Federation”).
3.3. Analyze implementation and efficiency of measures concerning privatization of the state property in Saint Petersburg.
3.4. Execute on behalf of Saint Petersburg legal actions connected with establishment, reorganization and liquidation commercial and non-profit organizations, as well as implement in a due order rights of a member (founder) in commercial and non-profit organizations.
3.5. Approve in a due order approximate forms of charts for state companies and organizations, coordinate contracts with their directors.
3.6. Ensure a proper procedure of implementation of inventory and evaluation of the state property in State Petersburg.
3.7. Implement registration of the state property of Saint Petersburg in the Saint Petersburg register of the state property in accordance with the law of Saint Petersburg, and maintaining of data bases for commercial and non-profit organizations with Saint Petersburg as a member (founder).
3.8. Ensure due transfer of the federal and municipal property in the state ownership of Saint Petersburg, and of the state property of Saint Petersburg into the federal and municipal property.
3.9. Execute administration of the state property of Saint Petersburg, including:
3.9.1. Assignment to the state companies and organizations of the property of Saint Petersburg with a right of economic use and operational management.
3.9.2. Entering of the state property of Saint Petersburg or its property rights in the charter (composed) capitals (funds) of legal entities with any organizational and juridical form in accordance with the legislation of the Russian Federation and Saint Petersburg.
3.9.3. Conclusion on behalf of Saint Petersburg of agreements for assignment of Saint Petersburg state property for asset management, lease, free use or with any other rights (excluding assignation of housing under engagement, public engagement and lease agreements), agreements of assignment of Saint Petersburg real state property for reconstruction or completion of unfinished construction objects.
3.9.4. Taking any decisions concerning utilization of Saint Petersburg state property.
3.10. Implement in pursuance of the corresponding legal acts of authorized governmental bodies of legal actions connected with acquisition of property in the state ownership of Saint Petersburg or accordance of property to Saint Petersburg with any other rights.
3.11. Execute any legal actions connected with due seizure of property belonging through the right off the economical use to Saint Petersburg state unitary firms or through the right of the operational management of Saint Petersburg state institutions.
3.12. Execute any legal actions connected with seizure, including through repurchase, of land plots for the state needs of Saint Petersburg, in case such authority will not be attributed to the competence of other Saint Petersburg state executive organs in accordance with the current legislation.
3.13. Coordinate the pledge of rights under agreements concluded with the Committee with the subject being real estate in Saint Petersburg state ownership.
3.14. Coordinate conclusion by state firms and institutions of transactions or any other legal actions in accordance and in the order determined by legal norms of the Russian Federation and Saint Petersburg, including:
3.14.1. Approval of conclusion by Saint Petersburg state unitary firms of any transactions connected with management of their real estate, as well as deals connected with acquisition by Saint Petersburg state unitary firms of real estate considered significant deals in accordance with the federal law.
3.14.2. Approval of conclusion by Saint Petersburg state unitary firms of any transactions with real estate subject to consent from an owner of real estate of such firms in accordance with the charter of Saint Petersburg state unitary firms.
3.14.3. Approval of management by Saint Petersburg state unitary firms of interests (shares) in charter (composite) capitals of economic societies or partnerships, and stocks owned by Saint Petersburg state unitary firms.
3.14.4. Approval of participation of Saint Petersburg state unitary firms in commercial and nonprofit organizations, as well as conclusion by Saint Petersburg state unitary firms of agreements for societies in participation.
3.14.5. Taking decisions concerning execution of audit in Saint Petersburg state unitary firms, approving appointment of an auditor and determination of payment for his/her services.
3.15. Participate in preparation of draft laws and other normative legal acts for questions being in the competence of the Committee, draw up conclusions for draft legal acts submitted for approval to Saint Petersburg state executive organs.
3.16. Implement administration of the state owned land plots located within the territory of Saint Petersburg, and carry out legal actions connected with delimitation of the state land property.
3.17. Exercise control over purposeful use and integrity of Saint Petersburg state property, including property assigned to state firms and institutions with the right of economical use and operational management, as well as the property duly assigned to other persons.
3.18. Request and obtain information concerning activity of any state and management organs, state firms and institutions located or acting within Saint Petersburg territory in the extent necessary for implementation by the Committee of its functions.
3.19. Appoint and implement documentary and factual inspections (auditing, inventory), order audits for control of proper use and integrity of Saint Petersburg state property assigned with the right of economical use or operational management by state firms and institutions, as well as the property duly assigned to other legal and physical persons.
3.20. Carry out analysis of financial and economic activity of organizations, where Saint Petersburg is a member (founder).
3.21. Exercise authority of the chief funds manager for the budgets of Saint Petersburg and Saint Petersburg state customer, and conclude government contracts of Saint Petersburg on behalf of Saint Petersburg.
3.22. Ensure within the scope of its competence protection of property rights of Saint Petersburg during legal procedures in the courts of general jurisdiction, arbitration tribunals, courts of arbitration, exercising authority of a plaintiff, defendant or third party. Ensure jointly with the Financial Committee of Saint Petersburg protection of interests of Saint Petersburg in cases of judicial collection of monetary penalties from Saint Petersburg.
3.23. Participate in an established order in criminal procedures representing interests of Saint Petersburg as a victim or civil plaintiff (except for criminal cases related to violation of the budget legislation).
3.24. Consider applications from citizens and legal entities, implement necessary measures on the basis of the results of their consideration, and receive citizens and representatives of organizations in connection with questions in the authority of the Committee.
3.25. Exercise other authorities of an owner of Saint Petersburg state property, excluding the authorities, which under the current legislation are in the competence of other Saint Petersburg state bodies.
3.26. Provide explanations with respect to application of legal acts regulating relations in the sphere of management and disposal of Saint Petersburg state property.
3.27. Take part in the work of commissions and working groups within the scope of its competence.
3.28. Implement in a due order coordination of activity of state firms and organizations within the jurisdiction of the Committee, appoint to an office and relieve from an office heads of such state firms and organizations, and monitor their activity.
3.29. Ensure organization and implementation of measures concerning mobilization activity of the Committee, develop and approve a mobilization plan of the Committee and mobilization tasks for state firms and organizations in its
3.30. Exercise other authorities provided for in the current legislation necessary for implementation of the purposes defined for the Committee.
4. Structure and management of the Committee
4.1. Structure of the Committee shall be approved by the Committee chairman in coordination with vice-governor of Saint Petersburg directing supervising the Committee’s activity.
4.2. Objectives, functions and authorities of the structural divisions of the Committee shall be defined by provisions concerning them approved by the Committee’s orders.
4.3. The following structural divisions may be established within the Committee: administrations and departments, departments and sectors in the administrations, as well as sectors in the departments.
4.4. A maximal number of the Committee’s employees shall be approved by Government of Saint Petersburg upon submission of vice-governor of Saint Petersburg coordinating and supervising the Committee’s activity.
4.5. The Committee chairman manages the Committee on the basis of the principle of the undivided authority and bears personal liability for implementation of the Committee’s objectives and execution of the Committee’s authorities.
4.6. The Committee chairman shall have a first deputy and assistants.
4.7. The Committee chairman shall:
4.7.1. Sign resolutions and orders of the Committee.
4.7.2. Approve the staff members list of the Committee.
4.7.3. Distribute official duties between the first deputy and assistants of the Committee chairman.
4.7.4. Approve provisions concerning structural divisions of the Committee and official instructions of the Committee employees.
4.7.5. Submit the Committee activity plans and reports on implementation of the Committee activity plans to be approved by vice-governor of Saint Petersburg coordinating and supervising the Committee activity.
4.7.6. Approve the Committee budget.
4.7.7. Appoint to an office and relieve from an office the Committee employees.
4.7.8. Take measures with respect to promotion and demotion of the Committee employees.
4.7.9. Act on behalf of the Committee without proxy.
4.7.10. Issue powers of attorney on behalf of the Committee.
4.7.11. Sign on behalf of Saint Petersburg city state contracts, as well as agreements, covenants, payment documents, letters and other documents on behalf of the Committee.
4.7.12. Coordinate drafts of legal acts in accordance with the competence of the Committee.
4.7.13. Following coordination with vice-governor of Saint Petersburg controlling and supervising the Committee’s activity, approve the Committee’s application for financing with Saint Petersburg budget funds, and report on the use of Saint Petersburg budget funds with respect to means allocated to the Committee.
4.7.14. Manage in a due order financial and material means allocated to the Committee being in charge of credits within the approved budgetary estimate.
4.7.15. Appoint to a post and relieve of duties officials of the firms and institutions within the Committee’s jurisdiction applying to the said officials promoting and demoting measures.
4.7.16. Coordinate appointment to a post and dismissal of chief accountants and deputies of heads of state firms and institutions within the Committee’s jurisdiction.
4.7.17. Ensure observance of financial discipline, integrity of the Committee’s assets and material valuables.
4.7.18. Execute other powers in accordance with the current legislation.
4.8. The first deputy, deputies of the Committee’s chairman and heads of the Committee’s structural divisions shall be appointed to a post subject to coordination with vice-governor of Saint Petersburg supervising and controlling the Committee’s activity. Heads of the Committee’s administrations and real-estate departments (district agencies) shall be appointed to a post and relieved from their duties by the Committee’s chairman subject to coordination with heads of administrations of respective Saint Petersburg districts.
4.9. Promotion and demotion measures taken with respect to the first deputy and deputies of the Committee’s chairman shall be implemented by the Committee’s chairman subject to coordination with vice-governor of Saint Petersburg controlling and supervising the Committee’s activity.
4.10. Awarding of premiums to the Committee’s chairman based on the work results shall be carried out by governor of Saint Petersburg following submission of a proper statement on a part of vice-governor of Saint Petersburg controlling and supervising the Committee’s activity.
4.11. In case of temporary absence of the Committee’s chairman, his/her duties shall be executed by the first deputy of the Committee’s chairman unless otherwise stipulated by the Saint Petersburg Government.
5. Property and financing of the Committee
5.1. Financing of the Committee shall be implemented with the Saint Petersburg budgetary funds.
5.2. Saint Petersburg state property assigned to the Committee for the purposes of implementation of its activity shall be governed by a right of the operational management.
6. Termination of the Committee’s activity
The Committee’s activity shall be terminated in a procedure stipulated by the current legislation.
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