Based on the results of the consideration of the case, the Supreme Court of the Russian Federation determined the procedure for the sale of real estate converted into state income, which had previously been transferred under a lease agreement to small and medium-sized businesses. This is stated in the message of the Federal Property Management Agency.
Thus, only small and medium-sized businesses that have leased state or municipal property according to the rules provided for by Laws No. 135-FZ and 209-FZ, and use the leased property continuously in accordance with the purpose specified in the contract, subject to other conditions provided for in Part 2 of Article 9 of Law No. 159-FZ, may to purchase public property in accordance with this law without bidding with the choice of the method of payment for the property (in a lump sum or in installments).
If persons have the status of subjects of small and medium-sized businesses, but have leased private property that was subsequently seized into state ownership, then they cannot claim to be granted the pre-emptive right to purchase such property without bidding in accordance with the law.
The privatization of state and municipal property is carried out by the methods provided for in Article 13 of Law No. 178-FZ, one of which is an auction.
Thus, according to Law No. 178-FZ, disputed non-residential premises converted into income of the Russian Federation on the basis of a court decision, as property obtained as a result of committing corruption offenses, can be sold only within the framework of this law at auctions, in which persons interested in acquiring this premises are entitled to participate.
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