Постановление Европейского суда по правам человека от 08.04.2010 «Дело Ершова (Yershova) против России» [англ.]

yment of RUB 16,632.32, and the award of 3 December 2001 remain unenforced to date.

II. Relevant domestic law and practice

A. Municipal unitary enterprises

35. The Civil Code of the Russian Federation defines State and municipal unitary enterprises as special forms of legal entity that do not exercise a right of ownership in respect of a property allocated to them by its owner (Article 113 § 1). The State or municipal authority retains ownership of the property but the enterprise may exercise in respect of that property the right of economic control ("право хозяйственного ведения") or operational management ("право оперативного управления") (Article 113 § 2). The name of the unitary enterprise must indicate the owner of its property (Article 113 § 3).
36. The unitary enterprise, based on the right of economic control, is set up by a decision of the State or the local self-government body authorised for this purpose (Article 114).
37. The constituent document of the enterprise, based on the right of economic control, is called The Rules and is approved by the State body or by the local self-government body. If, at the end of the fiscal year, the cost of the net assets of the enterprise, based on the right of economic control, proves to be less than the size of its authorised fund, the founder of the enterprise is under obligation to effect a reduction of the statutory capital in conformity with the procedure established by law. If the cost of the net assets falls below the amount fixed under domestic law, the enterprise may be liquidated by a court decision (Article 114).
38. The owner has the right to establish the enterprise and to decide on the goals of the enterprise and the scope of its designated activities. The owner exercises control over the use of property in accordance with the designated purpose, has the right to reorganise or liquidate the unitary enterprise and receives a part of the enterprise's profit (Article 295 § 1).
39. The manager of a unitary enterprise is appointed by, and reports to, the property owner (Article 113 § 4).
40. The owner's consent must be obtained for any transaction that may lead to the encumbrance or alienation of the real estate. The enterprise independently disposes of the rest of the property under its economic control, with the exception of the cases established by law or by other legal acts (Article 295 § 2).

B. Insolvency of unitary enterprises with the right
of economic control

41. Unitary enterprises, with the right of economic control over a property, may be declared insolvent in accordance with the insolvency procedure applicable to private companies. The State or municipal owner of a property is not liable for debts of unitary enterprises with the right of economic control over that property unless the owner has caused the enterprise to become insolvent or violated the procedure for its liquidation (Article 114 § 7 and 56 of the Civil Code and section 184 of the Federal Insolvency Act, Federal Law No. 6-FZ of 8 January 1998, in force at the material time).The State or municipal owner of the property may pay, but is not obliged to pay, debts of a unitary enterprise in the framework of insolvency proceedings (sections 1 and 89 of the Insolvency Act).

C. Specific provisions concerning transfer of communal
infrastructure facilities of vital importance

1. Federal Insolvency Act

42. If the debtor's assets include assets which have been withdrawn from circulation, the owner should accept the assets from the insolvency manager or transfer them to other persons (section 104 § 2). Such assets as, inter alia, communal infrastructure facilities of vital importance for a region are to be transferred to a municipal authority. The authority acc

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