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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 02-07-2021)

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 and also the relations connected with information support of processes of implementation of investing activities and provision of measures of the state (municipal) support within the state information system "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;

2. 1) investment stage - implementation phase of the investment project which is performed:

a) from the moment of the beginning of accomplishment of installation and construction works on creation (construction) or reconstruction and (or) upgrade of real estate units and (or) complex of the objects of personal and real estate connected among themselves and until their commissioning if the investment project provides creation (construction) or reconstruction of real estate units and (or) complex of objects of personal and real estate, and (or) until acceptance of the modernized real estate units and (or) complex of objects of personal and real estate;

b) from the moment of the beginning of performance of works on creation of results of intellectual activities and (or) the means of individualization equated to them and until state registration of such results and (or) such means and (or) until creation of results of intellectual activities and (or) the means of individualization equated to them if according to the civil legislation state registration of results of intellectual activities and (or) the means of individualization equated to them is not required;

3) the investment project - the complex of the interconnected actions and processes directed to creation (construction) and the subsequent operation new limited on time of implementation and the spent resources or on reconstruction and (or) upgrade and the subsequent operation of the existing real estate units (including on reconstruction and (or) upgrade and the subsequent operation of the existing real estate units based on the concessionary agreement or the lease agreement) and (or) complex of the objects of personal and real estate connected among themselves, and (or) on creation and use of results of intellectual activities and (or) the means of individualization equated to them 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 organization realizing the project enclosed in the investment project at pre-investment and investment stages, and for the purpose of implementation of the investment project in health sector, educations, culture or physical culture and sport - also the means provided to the organization realizing the project, her investor (investors) as donations at the same time such money are not:

a) loan money (except for the money provided to the organization realizing the project for agreements of convertible loan provided that the creditor exercised the right under the specified contract of convertible loan for share acquisition or share in the authorized capital of the organization realizing the project before completion of investment stage and that the amount of made money which is not loan and the amount of the exercised right to claim of the creditor under the agreement of convertible loan is at least, than the amount of capital investments provided by the agreement on protection and encouragement of capital investments);

b) the money received from the budget of the budget system of the Russian Federation;

c) the money received from the organization with public participation which is subject to treasurer maintenance;

6) the new investment project - the investment project concerning which one of the following requirements is observed:

a) the organization realizing the project made the decision on implementation of the investment project, including on scoping of the capital investments (expenses) necessary for its realization, about day of entry into force of this Federal Law, but not earlier than May 7, 2018 and at the same time satisfied the following conditions:

not earlier than May 7, 2018 got the permission for construction of the real estate units created or reconstructed within the investment project or began implementation of the capital investments if the investment project provides upgrade of real estate units and (or) creation of results of intellectual activities and (or) the means of individualization equated to them;

no later than December 31, 2022 submitted the application for agreement signature for protection and encouragement of capital investments according to article 7 of this Federal Law;

b) the organization realizing the project made the decision on approval of the budget on the capital investments (expenses) (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 agreement signature for protection and encouragement of capital investments according to article 7 of this Federal Law no later than one 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 and which are not objects of the accompanying infrastructure;

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";

9. 1) pre-investment stage - implementation phase of the investment project which is performed from the moment of decision making about implementation of the investment project or decision on approval of the budget on the capital investments (expenses) and until the beginning of accomplishment of installation and construction works on creation (construction) or reconstruction and (or) upgrade of real estate units and (or) complex of the objects of personal and real estate connected among themselves if the investment project provides creation (construction) or reconstruction and (or) upgrade of such objects, and (or) until the beginning of performance of works on creation of results of intellectual activities and (or) the means of individualization equated to them if the investment project provides creation of the specified objects of the civil laws;

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 annual revenue of the organization are constituted by revenue received by it from implementation of the investment project at stage of operation of the real estate units created (built) or reconstructed and (or) modernized and (or) complex of the objects of personal and real estate connected among themselves, and (or) use of the created results of intellectual activities and (or) means of individualization equated to them;

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 concerning which the organization realizing the project incurred the costs connected with their creation (construction) or reconstruction and (or) upgrade provided that the specified objects correspond to one of the following requirements:

a) are in the state-owned (municipal) property or are subject to transfer by the organization realizing the project to the state-owned (municipal) property;

b) are in property of the regulated organization and (or) for the agreement signed with the regulated organization including to the agreement of technological accession, arrive in property of this organization;

c) remain in property of the organization realizing the project in case of simultaneous observance of the following conditions:

the organization realizing the project has technical (technological) capability to provide the specified infrastructure facilities in use to other persons or to provide access to them;

there are no restrictions set by regulatory legal acts of the Russian Federation interfering provision by the organization realizing the project, such infrastructure facilities in use to the third parties;

such infrastructure facilities are located in the territory of subject of the Russian Federation in the territory of which the investment project according to the agreement on protection and encouragement of capital investments is implemented, or in the territory of several subjects of the Russian Federation if the investment project is implemented in the territory of several subjects of the Russian Federation according to the agreement on protection and encouragement of capital investments;

such infrastructure facilities are demanded, in particular, the Russian Federation and (or) the subject of the Russian Federation has need for their creation (construction) or reconstruction and (or) upgrade and the subsequent operation confirmed with the corresponding federal executive body and (or) authorized body of the executive authority of appropriate subject of the Russian Federation;

according to the Federal Law, other regulatory legal act, the public agreement and (or) other agreement (except for contracts with persons entering one group of persons with the organization realizing the project) the organization realizing the project has obligation to provide infrastructure facility in use and (or) to provide access to it to any person (except for persons entering one group of persons with the organization realizing the project) who will address the organization realizing the project with the relevant requirement;

13. 1) operation stage (operational stage) - the implementation phase of the investment project connected with use of the real estate units put into operation and (or) complex of the objects of personal and real estate connected among themselves, and (or) the created results of intellectual activities and (or) means of individualization equated to them for the purpose of generation of profit and (or) achievement of other useful effect, including prevention or minimization of negative impact on the environment;

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;

15) stage of implementation of the investment project - stage of creation (construction) or reconstruction and (or) upgrade of one or several real estate units if such object can be entered (such objects can be put) into operation and to be operated for production of goods, performance of works or rendering services irrespective of other real estate units, creation (construction) or reconstruction and (or) upgrade of which are provided by the investment project.

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".

4. The concept "group of persons" is applied in the value determined in the Federal Law of July 26, 2006 No. 135-FZ "About protection of the competition".

5. For the purpose of agreement signature about protection and encouragement of capital investments according to articles 7, of the 10 and 16 this Federal Law the investment project shall conform to requirements for the new investment project, stipulated in Item 6 parts of 1 this Article.

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 by the authorized federal executive body specified in Item 5 of this part, monitoring of execution of terms of agreement on protection and encouragement of capital investments and sales terms of the investment project concerning which such agreement, including stages of implementation of the investment project (further - monitoring), and also general requirements to procedure of monitoring by public authority, authorized supreme executive body of the government of the subject of the Russian Federation is signed;

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, performs monitoring and performs other powers provided by this Federal Law;

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 procedure for cost recovery, specified regarding 1 article 15 of this Federal Law suffered by the organization realizing the project within implementation of the investment project which provides 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) form of calculation of amount of cost recovery, specified regarding 1 article 15 of this Federal Law, and procedure for its filling;

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;

g) standard rates of cost recovery, specified regarding 1 article 15 of this Federal Law;

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