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FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 21, 2005 No. 115-FZ

About concessionary agreements

(as amended on 02-07-2021)

Accepted by the State Duma on July 6, 2005

Approved by the Federation Council on July 13, 2005

Chapter 1. General provisions

Article 1. Purposes and subject of regulation of this Federal Law

1. The purposes of this Federal Law are investment attraction in economy of the Russian Federation, ensuring effective use of the property which is in the state-owned or municipal property on the terms of concessionary agreements and improvement of quality of goods, works, the services provided to consumers.

2. This Federal Law governs the relations arising in connection with preparation, the conclusion, execution, change and the termination of concessionary agreements, establishes guarantees of the rights and legitimate interests of the parties of the concessionary agreement.

Article 2. Legislation of the Russian Federation on concessionary agreements

1. The legislation of the Russian Federation on concessionary agreements consists of this Federal Law, other Federal Laws and other regulatory legal acts of the Russian Federation accepted according to them.

2. If the international treaty of the Russian Federation establishes other rules, than those which are provided by this Federal Law are applied rules of the international treaty.

3. The decisions of interstate bodies made based on provisions of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation are not subject to execution in the Russian Federation. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.

Article 3. Concessionary agreement

1. According to the concessionary agreement one party (concessionary) shall create and reconstruct at own expense the property determined by this agreement (real estate or real estate and personal estate, technologically connected among themselves and intended for implementation of the activities provided by the concessionary agreement, except as specified if the concessionary agreement is signed concerning object, stipulated in Item 21 parts 1 of article 4 of this Federal Law) (further - subject of the concessionary agreement), the property right to which belongs or will belong to other party (concedent), to perform activities with use (operation) of subject of the concessionary agreement, and the concedent shall provide to the concessionary for the term established by this agreement, rights of possession and uses of subject of the concessionary agreement for implementation of the specified activities.

1.1. If subject of the concessionary agreement is the property, stipulated in Item 11 parts 1 of article 4 of this Federal Law, preparation, the conclusion, execution, change and the termination of concessionary agreements are performed taking into account the features established by Chapter 4 of this Federal Law.

1.2. If subject of the concessionary agreement along with other subjects of the concessionary agreement are objects, stipulated in Item 21 parts 1 of article 4 of this Federal Law, preparation, the conclusion, execution and the termination of the concessionary agreement in the part relating to such objects are performed taking into account the features established by Chapter 4.1 of this Federal Law.

2. The concessionary agreement is the agreement which contains elements of various agreements provided by the Federal Laws. Are applied to the relations of the parties of the concessionary agreement in the corresponding parts of the rule of the civil legislation on agreements which elements contain in the concessionary agreement if other does not follow from this Federal Law or being of the concessionary agreement.

3. For the purpose of this Federal Law actions for its reorganization on the basis of implementation of new technologies, mechanization and automation of production, upgrade and replacement of obsolete and physically worn-out equipment with new more productive equipment, to change of technological or functional purpose of subject of the concessionary agreement or its separate parts, other actions for improvement of characteristics and operational properties of subject of the concessionary agreement belong to reconstruction of subject of the concessionary agreement.

4. The subject of the concessionary agreement which is subject to reconstruction shall be in property of the concedent at the time of the conclusion of the concessionary agreement. The specified object at the time of its transfer by the concedent to the concessionary shall be free from the third party rights. If subject of the concessionary agreement is the property, stipulated in Item 1 parts 1 of article 4 of this Federal Law, such property at the time of the conclusion of the concessionary agreement can belong state or to municipal unitary enterprise on the right of economic maintaining. If subject of the concessionary agreement is the property, stipulated in Item 1 parts 1 of article 4 of this Federal Law, it at the time of the conclusion of the concessionary agreement can belong to state budgetary institution on the right of operational management.

4.1. Transfer by the concedent to the concessionary of subject of the concessionary agreement is performed under the delivery-acceptance certificate signed by the parties of the concessionary agreement.

5. Change of purpose of the reconstructed subject of the concessionary agreement is not allowed.

6. Transfer by the concessionary as proof of subject of the concessionary agreement or its alienation is not allowed.

7. Products and income gained by the concessionary as a result of implementation of the activities provided by the concessionary agreement is property of the concessionary if the concessionary agreement does not establish other.

8. The concessionary bears risk of accidental death or accidental damage of subject of the concessionary agreement after the date of transmission to it this object if other is not established by the concessionary agreement. By the concessionary agreement the obligation can be assigned to the concessionary to perform at own expense risk insurance of accidental death and (or) accidental damage of subject of the concessionary agreement.

9. The concessionary agreement it can be provided by the concedent in ownership and in use of the concessionary of the property belonging to the concedent on the property right, forming whole with subject of the concessionary agreement and (or) implementation by the concessionary of the activities, held for use for the purpose of creation of conditions, provided by the concessionary agreement (further - other property given by the concedent to the concessionary according to the concessionary agreement), and also on implementation at own expense risk insurance of his accidental death and (or) accidental damage. In this case the concessionary agreement establishes structure and the description of such property, the purpose and term of its use (operation) by the concessionary, procedure for return of such property to the concedent in case of the termination of the concessionary agreement. By the concessionary agreement obligations of the concessionary concerning such property on its upgrade, replacement of obsolete and physically worn-out equipment with new more productive equipment, other improvement of characteristics and operational properties of such property can be established.

10. The personal estate which is created and acquired by the concessionary when implementing the activities provided by the concessionary agreement and is not part of other property given by the concedent to the concessionary according to the concessionary agreement, is property of the concessionary if other is not established by the concessionary agreement. Real estate which is created by the concessionary with the consent of the concedent when implementing the activities provided by the concessionary agreement and does not belong to subject of the concessionary agreement, and is not part of other property given by the concedent to the concessionary according to the concessionary agreement, is property of the concessionary if other is not established by the concessionary agreement. Real estate which is created by the concessionary without the consent of the concedent when implementing the activities provided by the concessionary agreement and does not belong to subject of the concessionary agreement, and is not part of other property given by the concedent to the concessionary according to the concessionary agreement, is property of the concedent, and the cost of such property is not subject to compensation.

11. The exclusive rights on results of intellectual activities acquired by the concessionary at own expense in case of execution of the concessionary agreement belong to the concedent if other is not established by the concessionary agreement.

12. The concessionary incurs expenses on obligation fulfillment according to the concessionary agreement if the concessionary agreement does not establish other.

13. The concedent has the right to assume part of expenses on creation and (or) reconstruction of subject of the concessionary agreement, use (operation) of subject of the concessionary agreement and to provide to the concessionary the state or municipal guarantees according to the budget legislation of the Russian Federation. The size of the expenses assumed by the concedent, and also the size, procedure and conditions of provision by the concedent shall be specified to the concessionary of the state or municipal guarantees in the decision on the conclusion of the concessionary agreement, in the tender documentation, in the concessionary agreement. The decision on payment of payment of the concedent for the concessionary agreement can be made if establishment of payment of the concedent is determined by the concessionary agreement as criteria of tender.

13.1. Voided according to the Federal Law of the Russian Federation of 03.07.2016 No. 275-FZ

14. The concessionary performs commissioning of the created and (or) reconstructed subject of the concessionary agreement according to the procedure, established by the legislation of the Russian Federation.

15. Rights of possession and uses of the concessionary of the real estate which is part of subject of the concessionary agreement of the real estate provided to the concessionary according to part 9 of this Article are subject to state registration as encumbrance of the property right of the concedent. State registration of rights of possession and use of the concessionary of such real estate can be performed along with state registration of the property right of the concedent to such real estate. Submission due date of the documents necessary for state registration of the property right of the Russian Federation, the subject of the Russian Federation or the municipality on the created subject of the concessionary agreement, cannot exceed one month from the date of input of this object in operation. Responsibility of the concessionary for violation of this term is determined by the concessionary agreement.

16. Subject of the concessionary agreement and other property given by the concedent to the concessionary according to the concessionary agreement affect balance of the concessionary, stand apart from its property. Concerning such object and property the concessionary keeps the independent account performed by it in connection with obligation fulfillment according to the concessionary agreement and the depreciation of such object and property is made.

17. The address of collection on debts of the concessionary on its rights concerning subject of the concessionary agreement and other property given by the concedent to the concessionary according to the concessionary agreement is not allowed.

Article 4. Subjects of the concessionary agreement

1. Subjects of the concessionary agreement are:

1) highways or sections of highways, protective road constructions, artificial road constructions, production facilities, that is the objects used in case of capital repairs, repair, content of highways, elements of arrangement of highways (including stopping points), the objects intended for collection of payment (including Items of collection of payment), objects of road service;

2) objects of rail transport;

3) objects of pipeline transport;

4) sea and river ports, including artificial parcels of land, hydraulic engineering constructions of ports, objects of their production and engineering infrastructures;

5) ocean and river crafts, vessels mixed (the river - the sea) swimmings, and also the vessels performing icebreaking posting, hydrographic, research activities, ferry crossings, floating and dry docks;

6) the airfields or buildings and (or) constructions intended for take-off, landing, taxing and the parking of aircrafts, and also created and infrastructure of air transport and means of servicing of air traffic, navigation, landing and communication intended for the organization of flights of civil and state aircrafts;

7) objects of production and engineering infrastructures of the airports;

8) ceased to be valid

9) hydraulic engineering constructions;

10) facilities for production, to transfer and distribution of electrical energy;

11) heat supply objects, centralized systems of hot water supply, cold water supply and (or) water disposal, separate objects of such systems;

12) subway and other common carrier;

13) health care facilities, including the objects intended for sanatorium treatment;

14) objects of education, culture, sport, the objects used for the organization of rest of citizens and tourism, other subjects to welfare appointment;

15) buildings, structures and constructions intended for warehousing, storage and repair of property of the Armed Forces of the Russian Federation, objects of production and engineering infrastructures of such buildings, structures and constructions;

16) objects of production, primary and (or) subsequent (industrial) conversion, the storages of agricultural products determined according to the criteria established by the Government of the Russian Federation;

17) objects on which processing, accumulating, utilization, neutralization, placement of solid municipal waste are performed;

18) the objects of municipal infrastructure or objects of municipal services which are not specified in Items 10, to the 11 and 17 this part including the power supply facilities, objects intended for illumination of the territories of residential and rural locations, the objects intended for improvement of the territories;

19) objects of social servicing of citizens;

20) gas supply facilities;

21) programs for electronic computers (computer program), the database, information systems (including the state information systems) and (or) the websites on the Internet or other information and telecommunication networks which part such computer programs and (or) databases are, or set of the specified objects (further - objects of information technologies), or objects of information technologies and the property which is technologically connected with one or several such objects and intended for ensuring their functioning or implementation of other activities provided by the concessionary agreement (further - technical means of ensuring functioning of objects of information technologies);

22) set of the buildings, parts of the buildings or rooms united by single appointment with the personal estate which is technologically connected with objects of information technologies, and intended for automation with use of the computer programs and databases of processes of forming, storage, processing, acceptance, transfer, delivery of information, ensuring access to it, its representations and distribution (data-processing centers).

2. If subject of the concessionary agreement and other property which is not belonging to the concedent are held for use them on general purpose, ensuring single engineering procedure and implementation of the activities provided by the concessionary agreement, the concedent has the right to sign with the owner of the specified property the civil agreement which determines conditions and procedure for provision of the specified property to the concessionary (the agreement for benefit of the third party), but shall deliver emergence of the rights and obligations under the specified agreement in dependence on emergence of the relations according to the concessionary agreement.

3. Federal executive bodies, public authorities of subjects of the Russian Federation, bodies of the public power of the federal territory and local government bodies according to the powers every year till February 1 of the current calendar year shall approve the list of objects concerning which the conclusion of concessionary agreements is planned. The specified list after its approval is subject to placement by federal executive bodies, public authorities of subjects of the Russian Federation, bodies of the public power of the federal territory and local government bodies on the official site of the Russian Federation on the Internet for placement of information on the tendering determined by the Government of the Russian Federation and also on the official site of the concedent on the Internet or in case of absence at the municipality of the official site on the Internet on the official site of the subject of the Russian Federation in which borders such municipality, on the Internet is located. The specified list has information character. Absence in the list of any object is not obstacle for the conclusion of the concessionary agreement with persons taking the initiative of the conclusion of the concessionary agreement according to part 4.1 of Article 37 and article 52 of this Federal Law.

4. In case of inclusion of subject of the concessionary agreement in the forecast plan (program) of privatization of federal property, in the planning document of privatization of the property which is in property of the subject of the Russian Federation, or municipal property for the period corresponding to the termination of effective period of the concessionary agreement, the concessionary has the privilege to the redemption of this subject of the concessionary agreement on condition of fair execution of conditions of the concessionary agreement by it. The procedure for implementation of the privilege to the redemption is determined by the Federal Law of December 21, 2001 No. 178-FZ "About privatization of the state-owned and municipal property".

5. The concessionary agreement can be signed concerning several subjects of the concessionary agreements specified regarding 1 this Article. The conclusion of the concessionary agreement concerning several subjects of concessionary agreements is allowed if the specified actions (failure to act) do not lead to non-admission, restriction, competition elimination.

6. The federal executive bodies authorized by the Government of the Russian Federation perform monitoring of the conclusion and implementation of the signed concessionary agreements, including regarding observance by the parties of the concessionary agreement of the undertaken obligations on achievement of the target indicators containing in the concessionary agreement, terms of their realization, amount of the involved investments and other essential conditions of the concessionary agreement. The procedure for carrying out the specified monitoring affirms the Government of the Russian Federation.

Article 5. Parties of the concessionary agreement

1. The parties of the concessionary agreement are:

1) concedent - The Russian Federation on behalf of which the Government of the Russian Federation, or the federal executive body authorized by it, either body of the public power of the federal territory, or the subject of the Russian Federation on behalf of which the public authority of the subject of the Russian Federation, or the municipality on behalf of which the local government body acts acts acts. The separate rights and obligations of the concedent can be performed by the bodies authorized by the concedent according to the Federal Laws, other regulatory legal acts of the Russian Federation, the legislation of subjects of the Russian Federation, regulatory legal acts of bodies of the public power of the federal territory, regulatory legal acts of local government bodies and legal entities, and the concedent shall inform the concessionary on such bodies, persons and on the rights and obligations performed by them. The state-owned company created by the Russian Federation according to the Federal Law "About Russian Highways State-owned Company and about Modification of Separate Legal Acts of the Russian Federation", the state corporation created by the Russian Federation according to the Federal Law "About State Atomic Energy Corporation "Rosatom" also has the right to perform powers of the concedent;

2) the concessionary - the individual entrepreneur, the Russian or foreign legal entity or acting without formation of legal entity under the agreement of particular partnership (cooperation agreement) two and more specified legal entities.

1.1. If subject of the concessionary agreement is the property provided by Items 1, of 10, 11 both 17 - 20 parts 1 of article 4 of this Federal Law and belonging state or to municipal unitary enterprise on the right of economic maintaining, such company participates on the party of the concedent in obligations according to the concessionary agreement and performs separate powers of the concedent along with other persons who can perform them according to this Federal Law. The powers of the concedent, including power performed by such company for transfer of subject of the concessionary agreement and (or) other property given by the concedent to the concessionary according to the concessionary agreement, are determined by the concessionary agreement. At the same time such state or the municipal unitary enterprise transfers to the concessionary rights of possession and uses of the real estate which is part of subject of the concessionary agreement and (or) other property given by the concedent to the concessionary according to the concessionary agreement, and signs the corresponding delivery-acceptance certificates.

1.2. If subject of the concessionary agreement is the property provided by Items 1, of 10, 11 both 17 - 20 parts 1 of article 4 of this Federal Law and belonging at the time of decision making about the conclusion of the concessionary agreement to state budgetary institution on the right of operational management, such organization can participate on the party of the concedent in obligations according to the concessionary agreement and perform separate powers of the concedent along with other persons who can perform them according to this Federal Law provided that as a result of transfer of this property according to the concessionary agreement such organization will not lose opportunity to perform activities, the purposes, subject which types are determined by its charter. The powers of the concedent performed by such organization are determined by the decision on the conclusion of the concessionary agreement.

1.3. If in case of the conclusion of the concessionary agreement creation and (or) reconstruction of object which parts are are planned or will be in property of different public legal entities, the specified public legal entities to the announcement of carrying out tender on the right of the conclusion of the concessionary agreement sign the agreement on carrying out joint tender which includes:

1) information on person who is the organizer of joint tender and also on agreement parties about carrying out joint tender;

2) the rights, obligations and responsibility of the parties of the agreement on carrying out joint tender, including the list of the powers delegated to the organizer by the parties of this agreement;

3) information on subject and on subject of the concessionary agreement concerning which joint competition is held;

4) procedure and terms of preparation and approval of the tender documentation about the conclusion of the concessionary agreement, the approximate term of carrying out joint tender;

5) procedure for consideration of disputes;

6) effective period of the concessionary agreement;

7) procedure for placement of information on the official site on the Internet;

8) other information determining relations of agreement parties about carrying out joint tender.

1.4. If subjects of concessionary agreements are buildings, structures and constructions intended for warehousing, storage and repair of property of the Armed Forces of the Russian Federation, objects of production and engineering infrastructures of such buildings, structures and constructions, concessionaries according to such concessionary agreements cannot be foreign investors (foreign physical persons and (or) foreign legal entities), the organizations which decisions foreign physical persons and (or) foreign legal entities, foreign states, their bodies directly or indirectly can determine, except as specified, determined by the international treaty of the Russian Federation, the Federal Law, the decision of the President of the Russian Federation.

1.5. If subject of the concessionary agreement is the property, stipulated in Item 13 parts 1 of article 4 of this Federal Law and belonging at the time of decision making about the conclusion of the concessionary agreement to federal state budgetary institution on the right of operational management, such organization can participate on the party of the concedent in obligations according to the concessionary agreement and perform separate powers of the concedent, except for powers according to the conclusion, change and termination of the concessionary agreement, and also control of execution by the concessionary of obligations according to the concessionary agreement, along with other persons who can perform them according to this Federal Law provided that as a result of transfer of this property according to the concessionary agreement such organization will not lose opportunity to perform activities, the purposes, subject which types are determined by its charter. The powers of the concedent performed by federal state budgetary institution are determined by the decision on the conclusion of the concessionary agreement.

1.6. If the concessionary agreement is signed concerning object, stipulated in Item 21 part 1 of article 4 of this Federal Law, according to such concessionary agreement foreign investors (foreign physical persons and (or) foreign legal entities), the Russian legal entities whose decisions foreign physical persons and (or) foreign legal entities, foreign states, their bodies directly or indirectly can determine, except as specified, determined by the international treaty of the Russian Federation, the Federal Law, the decision of the President of the Russian Federation cannot be the concessionary.

2. Change of persons according to the concessionary agreement by concession of the requirement or the translation of debt is allowed with the consent of the concedent. The concessionary has no right to pledge the rights according to the concessionary agreement, except for the case provided by part 4 of this Article. In case of change of persons according to the concessionary agreement modification of the conditions of the concessionary agreement determining technical characteristics of subject of the concessionary agreement is not allowed.

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