Amendments to the law on unitary enterprises

The Federal Law №485-FZ dated December 27, 2019 amended the Federal Laws «On state and municipal unitary enterprises» and «On protection of competition».

The amendments limit the fields of activity of unitary enterprises. So, it was established that the purposes of unitary enterprises can be:

• ensuring of the work of the Ministry of Defense and the Russian Guard (Rosguard);
• carrying out of works in the areas of activity of natural monopolies and radioactive waste management;
• elimination of consequences of emergency situations and prevention of threats to the normal functioning of the population;
• use of complexes of sea ports that are strictly federal property;
• activity outside the territory of Russia;
• activity of cultural, art, cinema and cultural property protection institutions;
• ensuring of the life of population in the Far North and equivalent localities.

In all other competitive product markets, the establishment of an unitary enterprise is prohibited since January 8, 2020. Existing unitary enterprises are subject to liquidation or reorganization by decision of shareholders until January 1, 2025.

At the same time, state bodies or organizations authorized to create an unitary enterprise have the right to send requests for compliance of enterprises’ activity with the legislation to the Federal Antimonopoly Service of the RF.

In cases of detection of unitary enterprises founded or functioning with violations of the law, the antimonopoly authorities are required to notify founders of the obligation to liquidate such enterprises. In case of refusal to comply with these requirements, unitary enterprises are liquidated compulsorily by a court order at the suit of antimonopoly bodies.

Subscribers of the Information and Analytical system Globas have the opportunity to get acquainted with the activity of all state and municipal unitary enterprises. In total, the system provides information about more than 12 700 operating and 32 700 inactive enterprises.