of July 12, 2013 No. 53-Z
About investments
It is accepted by the House of Representatives on June 26, 2013
Approved by Council of the Republic on June 28, 2013
This Law establishes the legal basis and the basic principles of implementation of investments in the territory of the Republic of Belarus and is directed to investment attraction in economy of the Republic of Belarus, providing guarantees, rights, freedoms and legitimate interests of investors, and also their equal protection.
1. Investments - the property and other objects of the civil laws belonging to the investor on the property right, other legal cause allowing it to dispose of them, put by the investor in the territory of the Republic of Belarus for the purpose of profit earning (income) and (or) achievement of other significant social and economic result in other purposes which are not connected with personal, family, home and other similar use in type:
1.1. money (money), including attracted (including loans, the credits), shares, other personal or real estate;
1.2. the rights to claim having assessment of their cost (in terms of money), share in authorized fund, shares in property of the commercial organization created in the territory of the Republic of Belarus;
1.3. other objects of the civil laws having assessment of their cost (in terms of money), except for types of objects of the civil laws which finding in turnover is not allowed (the objects withdrawn from circulation).
2. The investment agreement - the written agreement registered in the State register of investment agreements on implementation of the investment project with provision of the privileges and (or) preferences provided by this Law (further if other is not provided, - the investment project within the investment agreement).
3. The investment project - the complex of actions providing implementation of investments, confirmed by the documents proving conditions, methods of implementation of investments, sources of their financing, and also terms of implementation of such project.
4. The investor - person performing (performed) investment in the territory of the Republic of Belarus, in particular:
4.1. the citizen of the Republic of Belarus, the foreign citizen, the person without citizenship who are constantly living in the Republic of Belarus including the individual entrepreneur, and also the legal entity of the Republic of Belarus;
4.2. the foreign citizen, the person without citizenship who are constantly not living in the Republic of Belarus, the citizen of the Republic of Belarus who is constantly living outside the Republic of Belarus, foreign and international legal entities (the organizations, not being legal entities) (further - foreign investors).
5. The preferential investment project - the investment project corresponding to priority type of activity (the sector of economy) for implementation of investments, included in the list of preferential investment projects and realized in the territory of the Republic of Belarus (except for Minsk) the investor who is the legal entity of the Republic of Belarus or the individual entrepreneur registered in the Republic of Belarus (further - the legal entity or the individual entrepreneur), without the conclusion of the investment agreement with provision of the privileges and (or) preferences provided by this Law.
6. The implementing organization - the legal entity of the Republic of Belarus, being the commercial organization and created by the investor (investors), or the legal entity of the Republic of Belarus, being the commercial organization, 10 and more percent of shares (share in authorized fund) of which belongs to the investor (investors), realizing the investment project within the investment agreement.
7. The special investment agreement - the investment agreement on implementation of the investment project providing the organization in the territory of the Republic of Belarus of production of advanced products with possibility of its realization within public procurements using procurement procedure from one source at the prices established by the legislation.
8. Authorized body - republican state body, other organization subordinated to Council of Ministers of the Republic of Belarus, regional (Minsk city) the executive committee, Administration of the President of the Republic of Belarus, Operational analytical center in case of the President of the Republic of Belarus signing (signed) on behalf of the Republic of Belarus the investment agreement.
9. Advanced products - the products corresponding to criteria of its reference to self-produced products or requirements imposed to industrial output for the purpose of its reference to products made in the territory of the Republic of Belarus, and also answering to one of the following requirements:
9.1. earlier was not issued in the territory of the Republic of Belarus;
9.2. it is enhanced in comparison with earlier being issued in the territory of the Republic of Belarus regarding its properties or methods of use and received new designation or new determination (name).
10. The terms "construction", "engineering infrastructure", "capital repairs", "main engineering infrastructure", "upgrade", "construction object", "contractor", "preproject (pre-investment) documentation", "project documentation", "developer of the project documentation", "distribution engineering infrastructure", "reconstruction", "construction", "technical upgrade", "transport infrastructure" used in this Law are applied in the values determined by Item 1 of article 1 of the Code of the Republic of Belarus on architectural, town-planning and construction activities.
The terms "public procurement", "procurement procedure from one source" used in this Law are applied in the values determined respectively by Article 1 and Item 1 of article 49 of the Law of the Republic of Belarus of July 13, 2012 No. 419-Z "About public procurements of goods (works, services)".
The term "customs applicant" used in this Law is applied in the value determined by Article 2 of the Customs code of the Eurasian Economic Union which is appendix No. 1 to the Agreement on the Customs code of the Eurasian Economic Union of April 11, 2017.
The term "restoration" used in this Law is applied in the value determined by Item 1 of article 114 of the Code of the Republic of Belarus on culture.
The term the "business entity" used in this Law is applied in the value determined by article 1 of the Law of the Republic of Belarus of December 12, 2013 No. 94-Z "About counteraction of monopolistic activities and development of the competition".
11. Other terms are determined in individual clauses of this Law.
Operation of this Law extends to the relations connected with implementation of investments in the territory of the Republic of Belarus, except for:
property attachments in non-profit organizations concerning which property their founders (participants) have no property right or other corporeal rights;
acquisitions of securities, except shares;
acquisitions or constructions citizens of the Republic of Belarus, foreign citizens and stateless persons of apartment houses, premises for accommodation of these citizens, persons and (or) members of their families;
provisions of loans, credits and their return, placement of bank deposits (deposits).
1. The relations in the field of investments are governed by the legislation in the field of investments, and also the international treaties of the Republic of Belarus, international legal acts constituting the right of the Eurasian Economic Union.
The legislation in the field of investments is based on the Constitution of the Republic of Belarus and consists of this Law, the legislation on concessions, on public-private partnership and other acts of the legislation.
2. Procedure and (or) features of provision of the separate privileges and (or) preferences established according to this Law can be regulated by the tax legislation, the legislation on protection and use of lands, in the field of architectural, town-planning and construction activities.
3. If the international treaty of the Republic of Belarus establishes other rules, than those which are provided by this Law then are applied rules of the international treaty.
In the territory of the Republic of Belarus investments are performed by the following methods:
creation of the commercial organization;
acquisition, creation, including by the construction, real estate units, except as specified, provided by the paragraph the fourth article 2 of this Law;
acquisition of rights intellectual property items;
share acquisition, share in authorized fund, shares in property of the commercial organization, including cases of increase in authorized capital of the commercial organization;
on the basis of concession;
within public-private partnership;
in other ways, except prohibited by legal acts.
Implementation of investments is based on the following principles:
the principle of supremacy of law - investors, other physical persons and the organizations, and also the state, all its bodies and officials act within the Constitution of the Republic of Belarus and acts of the legislation adopted according to it;
the principle of equality of investors - investors are equal before the law and have the rights without any discrimination;
the principle of conscientiousness and rationality of implementation of investments - investors perform investments honesty and reasonably without damnification to other persons, the environment, historical and cultural values, infringements of the rights and other persons or abuse of the rights protected by the law of interests in other forms;
the principle of preferentsialnost of implementation of investments - provision to investors of privileges and (or) preferences, other measures of the state support depending on the territory of implementation of investments, type of activity (the sector of economy) for implementation of investments, object of implementation of investments, amounts, sources and conditions of implementation of investments, terms of implementation of the investment project, other bases determined according to legal acts;
cooperative principle of the state and the investor - mutual orientation of interests when implementing investments: the states - on the maximum attraction and attachment of investments into economy, the investor - on the most profitable attachment of investments or achievement of other significant social and economic result;
liberty principle of implementation of investments - investors are free in the choice of methods of implementation of investments, types of investments, objects of implementation of investments, types of activity (sectors of economy) for implementation of investments taking into account the restrictions when implementing investments set by legal acts;
the principle of steady implementation of investments - accounting by investors when implementing investments of the social, ecological and economic factors promoting goal achievement of sustainable development;
the principle of inadmissibility of any intervention in private affairs - intervention in private affairs is not allowed, except as specified, when such intervention is performed based on legal acts for the benefit of homeland security, public order, protection of morality, health of the population, the rights, freedoms and legitimate interests of other persons;
the principle of ensuring recovery of the violated the rights and legitimate interests, their judicial protection - to investors is guaranteed protection of the rights and legitimate interests in court and different ways, stipulated by the legislation, and also international treaties of the Republic of Belarus.
1. Priority types of activity (sectors of economy) for implementation of investments are determined by Council of Ministers of the Republic of Belarus.
2. The Council of Ministers of the Republic of Belarus, Administration of the President of the Republic of Belarus, Operational analytical center in case of the President of the Republic of Belarus establish the minimum volume of investment, including in need of investment into fixed capital, on priority types of activity (sectors of economy) for implementation of investments for the purpose of implementation of investment projects within the investment agreements (except for special investment agreements) signed based on decisions of relevant organs.
3. For implementation of preferential investment projects in the territory of administrative and territorial unit taking into account features of its development by the decision of the relevant regional executive committee the regional list of priority types of activity (sectors of economy) for implementation of the investments from number determined by Council of Ministers of the Republic of Belarus can be established.
1. Implementation of investments is not allowed in:
1.1. the types of activity prohibited by legal acts;
1.2. property of business entities without the consent of antimonopoly authority of the Republic of Belarus or regulating authority of activities of subjects of natural monopolies of the Republic of Belarus in cases when need of receipt of such consent is provided by the antitrust law or the legislation on natural monopolies.
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