ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of April 24, 2014 No. 368

About approval of Rules of provision by antimonopoly authority of consent to change of conditions of the concessionary agreement

According to the Federal Law "About Concessionary Agreements" Government of the Russian Federation decides:

Approve the enclosed Rules of provision by antimonopoly authority of consent to change of conditions of the concessionary agreement.

Approved by the Order of the Government of the Russian Federation of April 24, 2014 No. 368

Rules of provision by antimonopoly authority of consent to change of conditions of the concessionary agreement

1. These rules determine the bases on which essential conditions of the concessionary agreement, including the bases on which the validity of the concessionary agreement, and procedure for coordination by antimonopoly authority of such changes, including prolongation of effective period of the concessionary agreement can be extended can be changed, and also establish procedure and conditions of receipt of consent of antimonopoly authority for change of conditions of the concessionary agreement which object are heat supply objects, centralized systems of hot water supply, cold water supply and (or) water disposal, separate objects of such systems, in cases, the stipulated in Article 43 Federal Laws "About Concessionary Agreements" (further - coordination of changes of conditions of the concessionary agreement).

2. Coordination of changes of conditions of the concessionary agreement is performed in the presence of the following bases:

a) emergence of force majeure circumstances;

b) entry into force of regulatory legal acts of the Russian Federation, subjects of the Russian Federation, local government bodies, in connection with which:

the parties of the concessionary agreement appear incapable to fulfill the assumed liabilities;

the provision of the concessionary in comparison with that provision in which he was at the time of the conclusion of the concessionary agreement therefore the concessionary substantially loses what had the right to expect in case of the conclusion of the concessionary agreement, including in connection with increase in the cumulative tax load, expenses of the concessionary in connection with change of size of the minimum wage in the Russian Federation more than at size of the consumer price index (on average in year) determined in the forecast of social and economic development of the Russian Federation for the next year and planning period approved by the Government of the Russian Federation (basic option) worsens if subject of the concessionary agreement are heat supply objects, centralized systems of hot water supply, cold water supply and (or) water disposal, separate objects of such systems, establishment of the mode of prohibitions and restrictions on the concessionary;

c) the introduction in legal force of the judgment or federal antimonopoly authority which establishes impossibility of performance by the concessionary or the concedent of the obligations established by the concessionary agreement owing to decisions, actions (failure to act) of state bodies, local government bodies and (or) their officials;

d) approval of schemes of heat supply, water supply, water disposal or modification of schemes of heat supply, water supply, the water disposals approved in accordance with the established procedure in connection with which the parties are not capable to fulfill undertaken obligations (if subject of the concessionary agreement are heat supply objects, centralized systems of hot water supply, cold water supply and (or) water disposal, separate objects of such systems);

e) establishment of regulated prices (rates), allowances to the prices (rates) at which the concessionary provides to consumers goods, works, services, using long-term parameters of regulation of activities of the concessionary which do not correspond to such parameters provided by the concessionary agreement;

e) identification according to part 5 of article 51 of the Federal law "About Concessionary Agreements" during the term of implementation of the concessionary agreement technologically and functionally connected with heat supply objects, centralized systems of hot water supply, cold water supply and (or) water disposal, separate objects of such systems of ownerless objects of heat supply, the centralized systems of hot water supply, cold water supply and (or) water disposal which are part of the systems of heat supply, water supply systems relating to subject of the concessionary agreement and (or) water disposal;

g) identification according to part 6 of article 51 of the Federal law "About Concessionary Agreements" during the term of implementation of the concessionary agreement technologically connected with heat supply objects, centralized systems of hot water supply, cold water supply and (or) water disposal, separate objects of such systems of ownerless objects of heat supply, the centralized systems of hot water supply, cold water supply and (or) water disposal which are part of the systems of heat supply, water supply systems relating to subject of the concessionary agreement and (or) water disposal;

h) conclusion during the term of implementation of the concessionary agreement of objects of heat supply, centralized systems of hot water supply, cold water supply and (or) water disposal, separate objects of such systems which are subject of the concessionary agreement or which are part of subject of the concessionary agreement from operation if such conclusion was not provided by conditions of the concessionary agreement earlier;

i) implementation of compensation of actually incurred expenses of the concessionary according to the procedure specified in Item 5 of part 1 of article 42 of the Federal law "About Concessionary Agreements" in case of observance of the condition provided by part 2 of the specified article of the Federal law "About Concessionary Agreements";

j) essential change of circumstances from which the parties of the concessionary agreement proceeded in case of its conclusion;

k) creation during the term of implementation of the concessionary agreement of new objects of heat supply, centralized systems of hot water supply, cold water supply and (or) water disposal, separate objects of such systems specified in part 7 of article 51 of the Federal law "About Concessionary Agreements" which are technologically connected with heat supply objects, centralized systems of hot water supply, cold water supply and (or) water disposal, separate objects of such systems which are subject of the concessionary agreement;

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