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FEDERAL LAW OF THE RUSSIAN FEDERATION

of June 24, 2023 No. 266-FZ

About the free economic zone in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region, Kherson region and in the adjacent territories

(as amended of the Federal Law of the Russian Federation of 22.06.2024 No. 147-FZ)

Accepted by the State Duma on June 20, 2023

Approved by the Federation Council on June 21, 2023

Chapter 1. General provisions

Article 1. Coverage of this Federal Law

1. This Federal Law governs the relations connected with creation, functioning and the termination of functioning of the free economic zone in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region and Kherson region, in internal sea waters and in the territorial sea of the Russian Federation, adjoining the territories of the Donetsk People's Republic, the Zaporizhia region, Kherson region, and in the separate territories of the subjects of the Russian Federation determined by the Government of the Russian Federation and adjacent to the territories of Ukraine, the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region and (or) Kherson region (further - the adjacent territories), for the purpose of ensuring sustainable social and economic development, investment attraction in development acting and creation of new productions, development transport and other infrastructures, construction industry, tourism, health care, agricultural industry and the sanatorium sphere, rendering the state support to the business entities performing activities in the adjacent territories and also increase in level and quality of life of citizens.

2. Functioning of the free economic zone in the adjacent territories is regulated by this Article, Items 1, of 4, of 5, of the 7 and 8 Article 2, Articles 3 and 4, Item 2 of part 1 and part 2 Articles 18, and also Chapters 2.1 and 3 of this Federal Law.

Article 2. The basic concepts used in this Federal Law

In this Federal Law the following basic concepts are used:

1) the free economic zone - the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region and the Kherson region adjoining the territories of the Donetsk People's Republic, the Zaporizhia region and Kherson region internal sea waters and the territorial sea of the Russian Federation and the adjacent territories within which borders according to this Federal Law the specific mode of implementation of business and other activity is effective and also is applied customs procedure of free customs zone;

2) the federal executive body authorized by the Government of the Russian Federation - the federal executive body authorized by the Government of the Russian Federation on implementation of powers in the sphere of creation and functioning of the free economic zone according to provisions of this Federal Law;

3) managing company - the public company "Fund of Development of the Territories";

4) the member of the free economic zone (further - the participant) - the individual entrepreneur or being the commercial organization the Russian legal entity, conforming to requirements of this Federal Law and included in the unified register of members of the free economic zone (further - the unified register) or the register of the members of the free economic zone performing activities in the adjacent territory (further - the register);

5) the investment project - the complex of the actions directed to creation and the subsequent operation new or upgrade limited on time of implementation and the spent resources of the existing fixed asset objects which is implemented by the participant for the purpose of production of goods, performance of works, rendering services or maintenance and (or) increase in amount of the made goods, the performed works, the rendered services by implementation of capital investments;

6) the investment project in the sphere of construction - the investment project realized by the participant taking into account the following features:

a) one of main objectives of the investment project is development of the territories, including the cities and other settlements;

b) the investment project provides implementation of capital investments in creation and (or) reconstruction of capital construction projects;

c) the subsequent operation of the created capital construction projects is not the compulsory provision of implementation of the investment project;

7) capital investments - investments into fixed capital (fixed assets), including costs for implementation of design and exploration work, construction, upgrade of fixed asset objects and on acquisition of the corresponding machines, the equipment, tools, stock. Purchase costs of the parcels of land, and also on acquisition of cars and their servicing are not considered as capital investments;

8) upgrade of fixed asset objects - modernization, additional equipment, including reconstruction, capital repairs and other work types which lead to improvement of economic characteristics of fixed asset objects and (or) emergence in them of new economic characteristics.

Article 3. Legal regulation of the relations connected with creation, functioning and the termination of functioning of the free economic zone in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region, Kherson region and in the adjacent territories

1. The relations connected with creation, functioning and the termination of functioning of the free economic zone in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region and Kherson region are regulated by the right of the Eurasian Economic Union, this Federal Law and other Federal Laws, and also regulatory legal acts of the Government of the Russian Federation adopted according to them and authorized by the Government of the Russian Federation of federal executive body.

2. The relations connected with functioning of the free economic zone in the adjacent territories are regulated by the right of the Eurasian Economic Union, this Federal Law and other Federal Laws, and also regulatory legal acts of the Government of the Russian Federation, regulatory legal acts of subjects of the Russian Federation adopted according to them which separate territories are determined as the adjacent territories according to this Federal Law.

Chapter 2. Free economic zone

Article 4. Term of functioning of the free economic zone

1. The free economic zone is created for a period of up to December 31, 2050. The term of functioning of the free economic zone can be extended by the Federal Law.

2. Functioning of the free economic zone can be stopped by ahead of schedule Federal Law if it is caused by need of protection of life and human health, conservation and cultural values, ensuring defense of the country and safety of the state.

Article 5. Governing bodies of the free economic zone

Governing bodies of the free economic zone are the federal executive body authorized by the Government of the Russian Federation and managing company.

Article 6. The federal executive body authorized by the Government of the Russian Federation

The federal executive body authorized by the Government of the Russian Federation performs the following powers:

1) is provided by interaction of managing company with public authorities and coordination of their activities;

Approves 2):

a) approximate form of the agreement on activities conditions in the free economic zone;

b) form of the certificate on inclusion in the unified register of the individual entrepreneur, legal entity;

c) standard form of the investment declaration;

3) is determined by procedure for maintaining the unified register which can be including information on the participant which is not subject to publication is determined;

4) is annually estimated by efficiency of functioning of the free economic zone according to the procedure, established by the Government of the Russian Federation, and submits in the Government of the Russian Federation the annual report on results of functioning of the free economic zone;

5) other powers according to this Federal Law.

Article 7. Managing company

1. The managing company performs the following powers:

1) is performed by maintaining the unified register and posts it on the official site on the Internet;

2) signs contracts on activities conditions in the free economic zone or refuses the conclusion of such agreements;

3) grants to the participant the certificate on inclusion in the unified register;

4) the representative for control and supervision in the field of taxes and fees provides in the federal executive body performing functions on control and supervision in the field of customs affairs and federal executive body, data on inclusion of the participant in the unified register and on exception of it;

5) is sent to the federal executive body performing functions on control and supervision in the field of customs affairs and federal executive body, by the representative for control and supervision in the field of taxes and fees specified in Items 2 and 3 of this part documents or their copies in the cases provided by this Federal Law;

6) is performed by monitoring of accomplishment by the participant of terms of the contract about activities conditions in the free economic zone;

7) is represented to the federal executive body authorized by the Government of the Russian Federation by the annual report on results of functioning of the free economic zone;

8) will organize provision to the participant of the parcel of land necessary for implementation of the investment project, in lease, performs transfer to the participant to the sublease of the parcels of land provided to managing company in lease;

9) exercises control of the objects of real and (or) personal estate transferred to it which can be potentially transferred to the participant realizing the investment project in the territory of the free economic zone;

10) can act as the builder of infrastructure facilities of the free economic zone;

11) will be organized by provision to the participants performing activities in the free economic zone, the services connected with implementation of business activity by them (including legal services, services in conducting financial accounting);

12) performs other powers, stipulated by the legislation the Russian Federation.

2. According to regulatory legal acts of the Government of the Russian Federation, and also decisions of the representative the Government of the Russian Federation of federal executive body realization of separate actions in the sphere of social and economic development of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region and the Kherson region within functioning of the free economic zone can be assigned to managing company.

Article 8. Financial provision of the actions necessary for functioning of the free economic zone

1. Financial provision of the actions necessary for functioning of the free economic zone is performed at the expense of the means of the federal budget brought to managing company, and also non-budgetary sources of financing.

2. Obligations of the Russian Federation on financing of the actions necessary for functioning of the free economic zone, can be performed by means of:

1) contributing to the authorized capital of managing company which performs financing of the actions necessary for functioning of the free economic zone;

2) provisions of subsidies for compensation of loan interest rate, to the presented participants for implementation of investment projects, according to the procedure, established by the Government of the Russian Federation;

3) uses of different ways, stipulated by the legislation Russian Federation and regulatory legal acts of the Government of the Russian Federation.

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