ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 22, 2020 No. 2204

About some questions of realization of the state support of innovative activities, including by venture and (or) direct funding of innovative projects, and recognition voided the act of the Government of the Russian Federation and separate provision of the act of the Government of the Russian Federation

According to articles 16.4 and 16.5 of the Federal law "About Science and the State Scientific and Technical Policy" Government of the Russian Federation decides:

1. Approve enclosed:

Rules of efficiency evaluation, feature of determination of special-purpose character of use of the budgetary funds allocated for the state support of innovative activities, and means from non-budgetary sources which return is provided with the state guarantees, and the criteria applied when carrying out such assessment;

Rules of determination of admissible level of risks, including financial, and basic criteria of management of them in case of implementation of the innovative project with use of means of the state support;

Regulations on conducting examinations, implementation of monitoring and control of implementation of the innovative project, monitoring and control of target expenditure of the means of the state support aimed at financial provision of the innovative project;

conditions and admissible forms of financial provision of the innovative project at the expense of means of the state support of innovative activities;

features of implementation of the state support of innovative activities by means of participation of the state corporation of development of "ВЭБ.РФ" in financial provision of implementation of the innovative projects providing the accelerated development and deployment of perspective technologies within the "Investments into Technological Leaders" program.

2. Recommend to the public authorities and public authorities of subjects of the Russian Federation authorized on evaluating efficiency of use of means of the state support of innovative activities when implementing functions on control and supervision in the established field of activity to be guided by provisions of this resolution when updating the documents regulating holding control and supervising actions.

3. On the Ministry of Economic Development of the Russian Federation together with the Ministry of Finance of the Russian Federation, other interested federal executive bodies and institutes of innovative development annually, since 2021, till December 15 to report in the Government of the Russian Federation on law-enforcement practice in the sphere of financing of the state support of innovative activities, including venture and (or) direct funding and to prepare in need of the offer on introduction of amendments to the legislation of the Russian Federation.

4. After approval of the list of federal institutes of innovative development by the Government of the Russian Federation the federal executive bodies performing coordination of activities of the relevant institute of innovative development approve technique of risks assessment of implementation of the innovative project in 45-day time. In case of modification of the list of federal institutes of innovative development the federal executive body performing coordination of activities of the relevant institute of innovative development in 45-day time from the date of modification approves technique of risks assessment of implementation of the innovative project.

5. Recognize invalid:

the order of the Government of the Russian Federation of March 31, 2018 No. 392 "About approval of Rules of efficiency evaluation, features of determination of special-purpose character of use of the budgetary funds allocated for the state support of innovative activities, and also means from non-budgetary sources which return is provided with the state guarantees, and the criteria applied when carrying out such assessment" (The Russian Federation Code, 2018, to No. 15, the Art. 2158);

Item of 54 changes which are made to acts of the Government of the Russian Federation, approved by the order of the Government of the Russian Federation of October 1, 2018 No. 1168 "About introduction of amendments to some acts of the Government of the Russian Federation" (The Russian Federation Code, 2018, No. 41, the Art. 6260).

Approved by the Order of the Government of the Russian Federation of December 22, 2020 No. 2204

Rules of efficiency evaluation, feature of determination of special-purpose character of use of the budgetary funds allocated for the state support of innovative activities, and means from non-budgetary sources which return is provided with the state guarantees, and the criteria applied when carrying out such assessment

I. General provisions

1. These rules establish evaluation procedure of efficiency of use of the budgetary funds allocated for the state support of innovative activities, and means from non-budgetary sources which return is provided with the state guarantees (further respectively - efficiency evaluation of use of means of the state support, means of the state support), features of determination of special-purpose character of use of means of the state support and criteria applied when carrying out such assessment.

2. The concepts used in these rules mean the following:

"the documents determining the strategy, the purposes and tasks of provision of the state support" - the national, federal or regional project or the program, the state program (subprogramme) of the Russian Federation, the agreement on provision of budget investments and (or) other document, regulatory legal act of the Government of the Russian Federation or the subject of the Russian Federation establishing concerning institute of innovative development of the purpose and (or) target indicators and indicators, and (or) tasks of provision of the state support, rules of provision of appropriate means of budgets of the budget system of the Russian Federation accepted according to the budget legislation of the Russian Federation and establishing the purposes and tasks of provision of the state support, agreements (agreements) on provision of means from the relevant budget of the budget system of the Russian Federation and also the charter of institute of innovative development, the strategy (policy) of institute of innovative development and (or) the long-term development program of institute of innovative development, any other local regulations, decisions of authorized bodies of institute of innovative development (the supreme bodies of management, supervisory bodies, executive bodies, collegiate executive bodies, other authorized collegiate organs of institute of innovative development) (further - authorized body of institute of innovative development) if such documents contain the provisions specified in Item 13 of these rules;

"the long-term development program of institute of innovative development" - the document (set of documents) approved by authorized body of institute of innovative development or person authorized by it the containing list of the specific actions providing achievement of the strategic objectives of development of institute of innovative development determined by its strategy, with indication of amount and sources of their financing, and also indicators of the expected results of activities of institute of innovative development, its Russian and foreign subsidiaries (further - subsidiaries), branches;

"the body authorized on evaluating efficiency of use of means of the state support of innovative activities" (further - the body authorized on evaluating) - public authority of the Russian Federation, the public authority of the subject of the Russian Federation authorized on implementation of efficiency evaluation of expenditure of means of the state support;

"the final receiver of the state support" - the legal entity or physical person enabling the realization of the innovative project with use of the means of the state support including provided by institute of innovative development, and (or) its subsidiary, and (or) investment fund, and (or) the "portfolio" company. Workers, partners, investors of person enabling the realization of the innovative project with use of means of the state support are not recognized the final receiver of the state support. The "portfolio" company can act as the final receiver of the state support;

"the partner in the innovative project" - the Russian or foreign commercial or non-profit organization or foreign structure without formation of legal entity, including the member of investment fund participating together with institute of innovative development or its subsidiary in creation and (or) in activities of the "portfolio" company, in implementation of one or several innovative projects without creation of the "portfolio" company or in assistance of implementation of one or several innovative projects by the "portfolio" company;

the "portfolio" company" - the Russian or foreign organization implementing with financial and (or) organizational participation (financial support) of institute of innovative development, and (or) its subsidiary, and (or) investment fund one or several innovative projects, or the organization performing provision (investment) of funds of the state support to final receivers of the state support for implementation of one or several innovative projects;

"investment fund" - being or not being the legal entity the venture fund and (or) private equity fund (including mutual investment fund, investment partnership, foreign structure without formation of legal entity, fund in other form of business according to the applicable legislation, other forms of collective investments) created and (or) financed with use of extrabudgetary funds, and also the means of the state support including provided by institute of innovative development, its subsidiary, performing investment of the raised funds in the "portfolio" companies and (or) in final receivers of the state support. The institute of innovative development for the purpose of management of the investment fund performing venture and (or) direct funding has the right to attract managing company (including management company, the managing companion, the managing partner of the Russian or foreign investment fund) (further - managing company of investment fund);

"investment financial investments (expenses)" - the property belonging to institute of innovative development, its subsidiary or companions, unitholders, other members of investment fund and (or) the rights to claim acquired by them in connection with the performed innovative activities including by implementation of venture and (or) direct funding, in particular, the rights based on participation in the authorized (share) capital, rights to claim on the issued loans granted guarantees and guarantees, the rights certified by issued and not issued securities, the rights provided by the agreements including which are derivative financial instruments;

"the innovative project" - complex of the actions for implementation of innovations, including for commercialization of scientific and (or) scientific and technical results directed to achievement of economic effect. The innovative project is characterized by high admissible risk level, possibility of not achievement of the planned result, including economic effect of implementation of such project. For the purposes of application of these rules the moment of receipt of funds of the state support for implementation of the innovative project receipt of the specified means by the final receiver of the state support which is performed not earlier than acceptance of the subordinate regulatory legal acts provided by part of the seventeenth Article 2 and paragraph one of Item 5 of article 16.4 of the Federal law "About Science and the State Scientific and Technical Policy" is recognized.

The moment of completion of control from institute of innovative development of efficiency and (or) special-purpose character of use (expenditure) of means of the state support by the final receiver of the state support acceptance by institute of innovative development of the report on complete expenditure of means of the state support (in case of provision of financing in the form of grants), liquidation of the final receiver of the state support, including in connection with insolvency (bankruptcy), exit of institute of innovative development (investment fund) from among founders (participants) of the "portfolio" company and (or) organization - the final receiver of the state support, return of the issued loan by the "portfolio" company (the final receiver of the state support) is recognized, return of the issued means of the state support in form of financial provision of innovative projects by the "portfolio" company (the final receiver of the state support) - depending on what event will come earlier;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info