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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of July 4, 2023 No. 1099

About approval of Rules of transfer by the public company "Fund of Development of the Territories" to lease of the property located in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region and Kherson region and about introduction of amendments to the charter of the public company "Fund of Development of the Territories"

(as amended of the Order of the Government of the Russian Federation of 06.03.2024 No. 272)

According to Item 4.1 of part 1 of Article 3 and parts 10 and 11 of article 4 of the Federal law "About the Public Company "Fund of Development of the Territories" and about Modification of Separate Legal Acts of the Russian Federation" Government of the Russian Federation decides:

Approve enclosed:

Rules of transfer by the public company "Fund of Development of the Territories" to lease of the property located in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region and Kherson region;

changes which are made to the charter of the public company "Fund of Development of the Territories" approved by the order of the Government of the Russian Federation of October 7, 2017 No. 1231 "About the public company "Fund of Development of the Territories" (The Russian Federation Code, 2017, No. 42, Art. 6169; 2022, No. 15, Art. 2461; No. 39, Art. 6612; 2023, No. 18, Art. 3325).

Russian Prime Minister

M. Mishustin

Approved by the Order of the Government of the Russian Federation of July 4, 2023 No. 1099

Rules of transfer by the public company "Fund of Development of the Territories" to lease of the property located in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region and Kherson region

1. These rules determine conditions and procedure for transfer by the public company "Fund of Development of the Territories" (further - Fund) in lease of the property (the companies, other property complexes, separate objects relating to real estate, other property) located in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region and Kherson region and transferred to Fund as property fees of the Russian Federation (further respectively - property, subjects of the Russian Federation), for the purpose of assistance to ensuring sustainable social and economic development, to investment attraction in development acting and creation of new productions, to development transport and other infrastructures, construction, and also to increase in level and quality of life of citizens according to the Federal Law "About the Public Company "Fund of Development of the Territories" and about Modification of Separate Legal Acts of the Russian Federation", other Federal Laws and regulatory legal acts of the Government of the Russian Federation.

2. The fund signs lease agreements of property (except for case, stipulated in Item 17 these rules) based on the decision of the collegiate organ formed by the order of the Government of the Russian Federation of March 18, 2022 No. 542-r (further - collegiate organ).

3. For the purpose of the organization of work on cession of property in lease the Fund represents to collegiate organ on approval the general terms of cession of property in lease specified in item 4 of these rules (further - general terms), and after their approval by collegiate organ sends general terms to management officials of subjects of the Russian Federation with appendix of the document forms specified in Item 5 of these rules and which are subject to submission to Fund as a part of requests of legal entities and individual entrepreneurs for the conclusion of lease agreements of property (further respectively - applicants, the request), and also provides placement of general terms on the official site on the Internet for the purpose of forming of requests and their giving in Fund according to these rules.

4. Are determined by general terms:

a) types of the objects of property leased;

b) procedure for determination of the amount of the rent;

c) deadline for which the property is leased;

d) possibility of the redemption of property the lessee at the price equal to its market value determined by the independent appraiser if the lessee:

honesty fulfilled the agreement obligations of lease of property;

is not person who in compliance the legislation of the Russian Federation is forbidden to have such property or its part on the property right.

5. The applicant shall conform to the following requirements:

a) the applicant has no unexecuted obligation on tax payment, charges, the insurance premiums, penalty fee, penalties, percent which are subject to payment in accordance with the legislation of the Russian Federation about taxes and fees;

b) the applicant is not in process of reorganization, liquidation, concerning it insolvency proceeding is not entered, activities of the applicant are not suspended;

c) in the register of the disqualified persons there is no information about the disqualified heads, members of collegiate executive body, person performing functions of sole executive body or the chief accountant of the applicant who is the legal entity about the applicant who is the individual entrepreneur.

6. The application is submitted to Fund by the applicant and includes the following documents:

a) the questionnaire of the applicant in the form approved by collegiate organ according to the offer of the Ministry of Construction and Housing and Communal Services of the Russian Federation and Fund including data on the applicant's compliance to requirements, stipulated in Item 5 these rules;

b) the business plan of ownership and use of property objects in the form approved by collegiate organ according to the offer of the Ministry of Construction and Housing and Communal Services of the Russian Federation and Fund including the forecast of achievement of values of key performance indicators of activities of the lessee for the lease agreement of property for the list according to appendix (further - key performance indicators);

c) the document (or its copy) confirming powers of the person to act on behalf of the applicant, - for legal entities;

d) the copy of the identity document, - for individual entrepreneurs;

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