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FEDERAL LAW OF THE RUSSIAN FEDERATION

of April 1, 2020 No. 69-FZ

About protection and encouragement of capital investments in the Russian Federation

(as amended on 30-12-2020)

Accepted by the State Duma on March 19, 2020

Approved by the Federation Council on March 25, 2020

Chapter 1. General provisions

Article 1. Subject of regulation of this Federal Law

This Federal Law governs the relations arising in connection with implementation of investments based on the agreement on protection and encouragement of capital investments.

Article 2. The concepts used in this Federal Law

1. For the purposes of this Federal Law the following concepts are used:

1) the state (municipal) support - the assistance in realization of investing and (or) economic activity performed by public authority (local government body) for the purpose of increase in social and economic effect of the specified activities;

2) investments - the money, securities, other property, including the property rights, other rights having money value, put in objects of business and (or) other activity for the purpose of profit earning and (or) achievement of other useful effect;

3) the investment project - the complex of the interconnected actions and processes directed to creation (construction) and the subsequent operation new or upgrade and (or) reconstruction and the subsequent operation limited on time of implementation and the spent resources of the existing real estate units and (or) complex of objects of personal and real estate, connected among themselves, and (or) on creation and use of results of intellectual activities and (or) means of individualization for the purpose of generation of profit and (or) achievements of other useful effect, including prevention or minimization of negative impact on the environment;

4) the investor - the Russian physical person or legal entity or two persons or more, acting without formation of legal entity under the agreement of particular partnership (cooperation agreement) which perform investing and (or) economic activity, and also the foreign investor; for the purpose of this Federal Law the public legal entity is not investor;

5) capital investments - the money of the project company made in the investment project provided to it by the investor (investors) as fees in the authorized (share) capital and (or) deposits to property of the project company, or money of other organization realizing the project, except for loan money, money received from the budget of the budget system of the Russian Federation, and also money received from the organization with public participation, which are subject to treasurer maintenance made in the investment project; for the purpose of implementation of the investment project in health sector, educations, cultures, physical culture and sport - also the means provided to the organization realizing the project, her investor (investors) as donations;

6) the new investment project - the investment project concerning which one of the following conditions is carried out:

a) the organization realizing the project made the decision on approval of the budget on capital expenditures (without the budget on the expenses connected with preparation of the design estimates, carrying out design and survey and exploration works) about day of entry into force of this Federal Law, but not earlier than May 7, 2018 and submitted the application for implementation of such project according to article 7 of this Federal Law no later than December 31, 2021;

b) the organization realizing the project made the decision on approval of the budget on capital expenditures (without the budget on the expenses connected with preparation of the design estimates, carrying out design and survey and exploration works) after day of entry into force of this Federal Law and submitted the application for implementation of such project according to article 7 of this Federal Law no later than one calendar year after adoption of such decision;

7) the providing infrastructure - the objects of transport, energy, municipal, social, digital infrastructures used only for the purpose of implementation of the investment project;

8) the organization realizing the project - the Russian legal entity implementing the investment project, including the project company (except for the public and local government offices, and also state and municipal unitary enterprises);

9) the organization with public participation - for the purposes of this Federal Law one of the following legal entities:

a) state corporation;

b) state-owned company;

c) public company;

d) public institution;

e) economic society or partnership in which authorized or share capital the share of direct or indirect participation of public legal entity and (or) the organizations listed in this Item exceeds 50 percent;

e) the fund, which acts as one of founders (the single founder) the Government of the Russian Federation;

g) the managing company created for the purpose of realization of provisions of the Federal Law of September 28, 2010 No. 244-FZ "About the innovative center "Skolkovo";

10) the project company - the organization realizing the project, which is specially created for implementation of the investment project, corresponding to set of the following requirements:

a) the articles of organization contain regulations that subject of its activities is implementation of the investment project;

b) at least 90 percent of all revenue of the organization are constituted by revenue received by the organization from implementation of the investment project;

11) public legal entity - Russian Federation, subject of the Russian Federation, municipality;

12) the regulated organization - the subject of natural monopolies and (or) other organization concerning which state regulation of the prices (rates) is in accordance with the legislation of the Russian Federation performed;

13) the accompanying infrastructure - the objects of transport, energy, municipal, social, digital infrastructures used both for the purpose of implementation of the investment project and in other purposes;

14) federal financial body - the federal executive body performing functions on development of state policy and normative legal regulation in the sphere of the budget, tax, insurance, currency, banking activity.

2. The concepts "capital investments" and "investing activities" are applied in the values determined in the Federal Law of February 25, 1999 No. 39-FZ "About investing activities in the Russian Federation performed in the form of the capital investments".

3. The concept "foreign investor" is applied in the value determined in the Federal Law of July 9, 1999 No. 160-FZ "About foreign investments in the Russian Federation".

Article 3. Legislation of the Russian Federation on protection and encouragement of capital investments and international agreements

1. The legislation of the Russian Federation on protection and encouragement of capital investments consists of this Federal Law, other Federal Laws, other regulatory legal acts of the Russian Federation, the laws of subjects of the Russian Federation, and also regulatory legal acts of public authorities of subjects of the Russian Federation and local government bodies.

2. The international agreements of the Russian Federation are applied to the relations regulated by this Federal Law, directly except cases when follows from the international treaty that its application requires the publication of the interstate act. 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 4. Powers of public authorities of the Russian Federation, public authorities of subjects of the Russian Federation and local government bodies in the sphere of protection and encouragement of capital investments

1. In the sphere of protection and encouragement of capital investments the Government of the Russian Federation:

1) the procedure for the conclusion of agreements on protection and encouragement of capital investments, including procedure for carrying out tender within public project initiative taking into account requirements of article 8 of this Federal Law, change and cancellation of such agreements establishes, features of disclosure of information on beneficial owners of the organization realizing the project, and also general requirements to procedure for the conclusion, change and cancellation of agreements on protection and encouragement of capital investments including general requirements to procedure for carrying out tender within public project initiative, concerning agreements under which the Russian Federation is not the party;

2) approves standard form of the agreement on protection and encouragement of capital investments;

3) is approved by procedure of monitoring of stages of implementation of the investment project concerning which the agreement on protection and encouragement of capital investments, and also general requirements to procedure is signed by public authority, authorized supreme executive body of the government of the subject of the Russian Federation, monitoring of stages of implementation of the investment project;

4) approves form of the declaration on implementation of the investment project when forming public project initiative by federal executive body;

5) is determined by authorized federal executive body which in the cases established by this Federal Law and procedure on behalf of the Russian Federation signs agreements on protection and encouragement of capital investments and supplementary agreements to them, and also makes decisions on agreement cancelation on protection and encouragement of capital investments and on settlement of the disputes following from them;

6) is established by procedure for maintaining the register of agreements on protection and encouragement of capital investments (further - the register of agreements);

7) is approved by the procedure for scoping of cost recovery, the providing and (or) accompanying infrastructures necessary for implementation of the investment project, and also costs for interest payment suffered for the purpose of creation (construction), upgrade and (or) reconstruction on the credits and loans, coupon payments on the bonded loans attracted on the specified purposes providing including:

a) confirmation of conformity of infrastructures created (under construction), modernized and (or) reconstructed, specified in this Item, to requirements of the investment project;

b) the bases of reference of objects to the providing or accompanying infrastructure necessary for implementation of the investment project;

c) features of operation and (or) the subsequent transfer of objects of the accompanying infrastructure to the state-owned (municipal) property or in property of the regulated organization;

d) order of interaction with the regulated organizations and (or) in applicable cases with the authorized bodies of the executive authority performing approval of programs of perspective development of separate industries of the economy, in case of verification of presence of projects on creation (construction), upgrade and (or) reconstruction providing and (or) the accompanying infrastructures in investing programs of the regulated organizations and (or) in applicable cases in programs of perspective development of separate industries of economy;

e) procedure for evaluating options of financial provision of costs for creation (construction), upgrade and (or) reconstruction of objects of the providing and (or) accompanying infrastructures necessary for implementation of the investment project, including on reconstruction of the objects which are in the state-owned (municipal) property;

e) features of forecasting of receipts and accounting of the estimated for tax payment and other obligatory payments in connection with implementation of new investment projects;

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