SOME ISSUES OF TRANSFER OF OBJECTS OF HEAT AND WATER SUPPLY AND WATER DISPOSAL TO ECONOMIC ENTITIES
Today, the issue of transfer of heat and water supply and water disposal facilities to economic entities is relevant. It is no secret that local government bodies often transfer such kind of municipal property without organizing and conducting the bidding procedure. Some municipalities run competitive procedures which result in a lease agreement. However, the conclusion of such a contract is not always legitimate due to the large deterioration of utilities. The conclusion of a concession agreement will be legal here.
The paper covers the issues of legal regulation of transfer of possession and utilization of heat and water supply and water disposal facilities being the municipal property and the conditions for concession agreements conclusion when transferring and utilizing heat and water supply and water disposal facilities. The author addresses the issues of failure of local authorities to comply with the norms of Federal legislation governing the transfer of municipal property, as well as the issues of conclusion by local authorities of the agreements for leasing of heat and water supply facilities put into operation more than 5 years ago in violation of the current legislation.
The paper explains the cases when it is necessary to hold an auction and in what cases the lease agreements and gratuitous use agreements concerning the state or municipal property should be concluded without carrying out competitions (auctions). Moreover, the author gives the explanations on application of the antimonopoly legislation when concluding the concession agreements towards the objects of heat supply, centralized systems of hot water supply, cold water supply and (or) water disposal, and separate objects of such systems according to the provisions of Federal law dated the 03.07.2016 No. 275-FZ “On amendments to Federal law “On concession agreements”.