of January 10, 2006 No. 16-FZ
About the Special economic zone in the Kaliningrad region and about modification of some legal acts of the Russian Federation
Accepted by the State Duma of the Russian Federation on December 23, 2005
Approved by Council of the Russian Federation on December 27, 2005
This Federal Law governs the relations arising in connection with creation, functioning and the termination of functioning of the Special economic zone in the Kaliningrad region taking into account geopolitical provision of the Kaliningrad region for the purpose of acceleration of its social and economic development.
1. In this Federal Law the following basic concepts are used:
1) the Special economic zone in the Kaliningrad region (further - the Special economic zone) - the territory of the Kaliningrad region and the internal sea waters adjoining the territory of the Kaliningrad region and the territorial sea of the Russian Federation within which borders the special legal regime of implementation of economic, productive, investing and other activities is effective and also is applied customs procedure of free customs zone;
2) management of the Special economic zone - the activities of authorized body and activities of administration of the Special economic zone aimed respectively at providing action of special legal regime of the Special economic zone and providing the organization of its functioning;
3) authorized body - federal executive body, authorized to perform functions on management of special economic zones and providing action of special legal regime of the Special economic zone according to provisions of this Federal Law;
4) administration of the Special economic zone (further - administration) - the structural division of the supreme executive body of the government of the Kaliningrad region providing the organization of functioning of the Special economic zone according to provisions of this Federal Law;
5) resident of the Special economic zone (further - resident) the legal entity conforming to requirements of this Federal Law and included in the unified register of residents of the Special economic zone (further - the register);
6) the investment declaration - the document containing data on sales terms of the investment project in the Special economic zone resident according to this Federal Law.
2. For the purposes of Chapters 3 and 3.1 of this Federal Law the concepts determined by the Customs Code of the Customs Union and the Agreement on questions free (special, special) economic zones on customs area of the Customs union and customs procedure of free customs zone of June 18, 2010 (further - the Agreement on SEZ), are used by other acts constituting the right of the Eurasian Economic Union.
1. For the purpose of ensuring action of special legal regime of the Special economic zone the authorized body performs interaction with federal bodies of the government, and also coordination of interaction of administration and federal executive bodies in case of the solution of the questions concerning such providing.
2. The administration for the purpose of providing the organization of functioning of the Special economic zone performs the following functions:
1) maintaining the register according to the procedure and in form which are established by authorized body;
2) decision making about inclusion of legal entities in the register or about refusal in their inclusion in the register, decision making about exception of residents of the register according to this Federal Law;
3) submission to tax authorities and customs authorities of information on inclusion of legal entities in the register and about exception of residents of the register;
4) control of observance by residents of conditions of investment declarations;
5) coordination of the changes made by resident to the investment declaration, and entering of such changes into the register;
6) forming of the offers on inclusion in the inventory which are not subject to the room under customs procedure of free customs zone;
7) protection of legitimate interests of residents in the relations with territorial authorities of federal executive bodies, public authorities of the Kaliningrad region, local government bodies in case of the solution of questions of implementation of investment projects;
8) submission of the annual report on results of functioning of the Special economic zone in the corresponding accounting year, the annual report on conducting checks of activities of residents according to the procedure and in form which are established by authorized body;
9) issue upon the demand of resident of the statement from the register;
10) approval of form of the investment declaration;
11) coordination of the list of the workplaces of the payer relating to new workplaces who affirms the payer prior to application concerning the physical persons occupied on new workplaces, the lowered rates of insurance premiums.
3. Position assignment of the head of administration and release from this position are performed by the management official (the head of the supreme executive body of the government) of the Kaliningrad region.
1. The legal entity is subject to inclusion in the register in case of compliance to the following requirements:
1) the legal entity is created in accordance with the legislation of the Russian Federation;
2) state registration of the legal entity is performed in the Kaliningrad region;
3) production of goods is performed by the legal entity only in the territory of the Kaliningrad region;
4) investments are performed by the legal entity in the territory of the Kaliningrad region;
5) the investment project provided by the legal entity meets the requirements established by this Federal Law.
2. The legal entities applying special tax regimes which are stipulated by the legislation the Russian Federation about taxes and fees cannot be residents.
3. The financial organizations, including credit and insurance companies and professional participants of the security market cannot be residents.
4. The legal entity submits in writing in administration the application for inclusion of the legal entity in the register (further in parts 5-9 of this Article - the applicant) with appendix of the following documents:
1) the copy of constituent documents of the legal entity certified in accordance with the established procedure;
2) the copy of the document confirming the fact of entering of record about the legal entity into the Unified State Register of Legal Entities;
3) the certificate on registration in tax authority;
4) investment declaration.
4.1. If the documents specified in Items 2 and 3 of part 4 of this Article are not provided by the legal entity, on interdepartmental request of administration the federal executive body performing state registration of legal entities, physical persons as individual entrepreneurs and peasant farms provides the information confirming the fact of entering of information about the legal entity into the Unified State Register of Legal Entities, and the federal executive body performing functions on control and supervision of compliance with law about taxes and fees provides the information confirming the fact of statement of the legal entity on accounting in tax authority.
5. The administration establishes compliance of the documents enclosed to the application for inclusion of the applicant in the register, the list of the documents specified in part 4 of this Article, in time no more than three working days from the date of their submission to administration and sends in writing to the applicant one of the following decisions:
1) about adoption of the specified statement to consideration;
2) about refusal in adoption of the specified statement to consideration in case of non-presentation of the documents specified in Items 1 and (or) 4 of part 4 of this Article.
5.1. In time no more than thirty days from the date of the direction to the applicant of the decision on adoption of the statement specified in part 5 of this Article the administration takes cognizance of the decision on inclusion of the applicant in the register or on refusal in inclusion of the applicant in the register with indication of causes of failure and in day of adoption of this decision sends in writing to the applicant the adequate notice.
6. The decision on refusal in inclusion of the applicant in the register is made by administration only in case of non-compliance with the conditions of inclusion in the register provided by this Federal Law.
7. The decision on inclusion of the applicant in the register is drawn up by issue to the applicant of the certificate on its inclusion in the register.
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