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"Rosneft" can legitimately privatize "Bashneft", as well as other state-owned companies, learned lawyers of the government. To decide the fate of the participation of oil companies in the privatization now can only direct the order or decree of Dmitry Medvedev.
Limitations on the participation of state companies as well as other physical and legal persons in the privatization of "Bashneft" can only be installed in a separate order or resolution of the Russian government. At the end of last and beginning of this week, government lawyers conducted a study of the legislative basis for a possible specification of conditions of search for a strategic investor for the company, told the "Gazete.Ru" sources familiar with preparations for privatisation.
the government Decree on the beginning of privatization of "Bashneft" put the deal beyond the constraints for state-owned companies, stipulated by the Federal law "On privatization of state and municipal property", is the conclusion of the working group that conducted the analysis of the legislation.
the Legal review has exposed the Federal law "On privatization of state and municipal property" (178-FZ), Federal law "On organised trading" (325-FZ), the Federal constitutional law "On government" (2-FKZ), and the order of the government from 15.06.2016 No. 1221-R.
the Fifth article of the law on privatization of state-owned companies with Federal share and municipal formations exceeding 25% are prohibited from participating in privatization. However, article 3 of the same document stipulates the exceptions that will remove all restrictions of the law.
a review of existing legislation was required after the administration of the President, the government and the media last week began the discussion of the legality of the notice of the company "Rosneft" about the beginning of the collection of applications which is sent to a government agent "VTB Capital". As previously reported "Gazeta.Ru on 12 July, the Agency entered into an Agency agreement with "VTB Capital", and on July 13, the agent sent out a proposal to potential investors — Russian and foreign. The list of recipients of the newsletter of the "VTB Capital" has got more than 50 recipients.
the decision, In particular, stated that the privatization of "Bashneft" is "in order to create conditions for attraction of investments, stimulation of development of stock market, modernization and technological development of economy". These goals and the resulting actions of a government agent, relying on the provisions of 178-FZ, the release of "VTB Capital" from any limitations of the law on privatization of state property, said a source familiar with the process of privatization of "Bashneft".
in Other words, the current regulatory framework and the government's decision to allow purchase of "Bashneft" to anyone.
If the government wishes to impose any restrictions on the participation of state-owned companies and other persons, lawyers are advised the White house to prepare a separate order or government decree, which must be signed by the Prime-Minister Dmitry Medvedev.
the Representatives of the Prime Minister and in charge of the deal, Deputy Prime Ministers have not answered the question "Gazeti.Ru" whether preparing such an order.
the source: gazeta.ru
Record Dmitry Medvedev could allow Rosneft to privatize "Bashneft" first appeared 24allnews.ru.
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