Reasons for the authorities’ refusal to confiscate property to the treasury.
| Rejection reason | Judicial acts |
| There is no need for property on the part of other potential balance holders | Resolution of the Supreme Court of the Russian Federation of February 26, 2019 No. F01-7204/2018 in case No. A43-12391/2018; Ruling of the Supreme Court of the Russian Federation dated December 14, 2015 No. 307-KG15-15650 in case No. A42-8275/2014 |
| Unsatisfactory condition of the property | Regulations of AS PO: – dated July 25, 2017 No. F06-22449/2017 in case No. A49-5902/2016; – dated 06/07/2017 No. F06-21273/2017 in case No. A49-10935/2016 |
| Transfer of property to the treasury may deprive the institution of the opportunity to carry out its activities | Resolutions of the AS UO: – dated January 25, 2019 No. F09-8767/18 in case No. A60-17625/2018; – dated October 25, 2018 No. F09-6735/18 in case No. A76-40390/2017; – dated November 29, 2017 No. F09-6719/17 in case No. A76-30632/2016; – dated September 25, 2017 No. F09-4838/17 in case No. A76-30634/2016; – dated September 14, 2017 No. F09-4721/17 in case No. A76-30631/2016 |
| The unconditional basis for the owner’s obligation to accept excess property into the treasury are only negative consequences for the institution while maintaining the property in operational management | Resolution of the First Arbitration Court of Appeal dated September 27, 2017 in case No. A43-8239/2017 |
| No redistribution of the balance of budget funds allocated to the institution for the maintenance of the property | Resolution of the Fourteenth Arbitration Court of Appeal dated December 26, 2016 in case No. A13-10931/2016 |
| Lack of agreement with the owner of the property on the institution’s refusal of the right to operational management of the disputed object | Resolution of the Fourteenth Arbitration Court of Appeal dated 06/05/2015 in case No. A13-15096/2014 |
| Lack of registered operational management right | Resolution of the AS UO dated April 25, 2017 No. F09-1744/17 in case No. A50-17801/2016 |
| Offering an alternative to the seizure of property: write-off or lease (free use) | Resolution of the Supreme Court of the Russian Federation of November 13, 2017 No. F01-4748/2017 in case No. A29-778/2017 |
| Recognition as inappropriate to incur costs for the maintenance and proper operation of property by the body exercising the powers of the property owner | Resolution of the AS PO dated July 25, 2017 No. F06-22449/2017 in case No. A49-5902/2016 |
None of the above reasons was regarded by the court as a barrier to the return of property to the treasury.
Additional grounds for transfer to the treasury.
While in relation to the owner the additional costs of maintaining the property are not taken into account by the courts as interfering with the fulfillment of the owner’s duties, the incurrence of expenses by the balance holders serves as an additional argument for the seizure of property to the treasury. In particular, the courts recognized the basis for the return of property to the treasury as its non-use for its intended purpose in accordance with the goals of the institution’s activities, while simultaneously imposing a property burden in the form of the obligation to maintain property and pay taxes (resolution of the Supreme Court of Ukraine dated October 25, 2018 in case No. A76-40390/ 2017, dated November 29, 2017 in case No. A76-30632/2016, dated September 25, 2017 in case No. A76-30634/2016, dated September 14, 2017 in case No. A76-30631/2016, dated September 14, 2017 No. F09-4722/ 17 in case No. A76-30629/2016, dated 05.22.2017 No. F09-2479/17 in case No. A76-20257/2016, Fourteenth Arbitration Court of Appeal dated 03.03.2017 in case No. A13-12753/2016).
If the disposal of property contradicts the goals of the institution, the property is subject to seizure to the treasury. This has been confirmed at the highest level (Determination of the Supreme Court of the Russian Federation dated April 28, 2017 No. 306-KG17-4810 in case No. A12-22041/2016) - using the example of a library that owns part of a residential building.
How to get information about municipal real estate for rent in the Moscow region
Business representatives often rent municipally owned property for their needs. To choose the most suitable option for specific purposes, you need to have extensive information about those objects that can be rented in a particular municipality of the Moscow region. You can obtain this data as part of a government service. For information about who can be provided with information about municipal real estate for rent and what needs to be indicated in the application for this service, read the material on the mosreg.ru portal.
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Who can receive the service
The service for providing information about real estate objects that are municipally owned and intended for rent is provided to legal entities and individuals, as well as individual entrepreneurs. An authorized representative of the applicant can apply for this service.
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Procedure and terms of service provision
The service is provided in multifunctional centers (MFCs) in the Moscow region. You can also fill out an electronic application using the regional portal of state and municipal services of the Moscow region (RPGU).
The maximum period for providing the service is three working days. Registration of the application and set of documents is completed within 1 business day. The result of the provision of the service will be the issuance of an information document containing information about real estate objects that are municipal property (for example, buildings, structures, premises).
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Required documents
To receive this service, you must fill out an application to provide information about real estate objects that are municipally owned in the Moscow Region and intended for rent.
The application must indicate the applicant's full name or name of the legal entity, its location, telephone, postal and email address. The applicant is also asked to select the type of object he wants to rent: non-residential premises, building, structure or linear object. In addition, the location of the territory on which objects of interest to the applicant may be located may be located. If desired, the application also indicates the required area of the required object.
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Receiving the result of the service
The applicant is invited to independently choose the most convenient way for him to receive the result of the service:
- personal appeal to local government;
- mail to the address specified in the application (only on paper);
- sending by email (in the form of an electronic document);
- personal application to the multifunctional center (on paper only);
- through the Unified Portal of State and Municipal Services (only in the form of an electronic document);
- through the portal of state and municipal services of the Moscow region (only in the form of an electronic document).
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