FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 29, 2014 No. 473-FZ

About the territories of the advancing development in the Russian Federation

Accepted by the State Duma on December 23, 2014

Approved by the Federation Council on December 25, 2014

Chapter 1. General provisions

Article 1. Subject of regulation of this Federal Law

This Federal Law determines legal regime of the territories of the advancing development in the Russian Federation, measures of the state support and procedure of activities in such territories.

Article 2. The basic concepts used in this Federal Law

In this Federal Law the following basic concepts are used:

1) infrastructure of the territory of the advancing development - set of the parcels of land with the capital construction projects which are on them, non-capital structures, constructions, including objects of transport, energy, municipal, engineering, social, innovative infrastructures, infrastructure facilities of seaports and objects of other infrastructures located in the territory of the advancing development, and also the specified objects of the infrastructures located out of such territory, but providing its functioning;

2) resident of the territory of the advancing development - the individual entrepreneur or being the commercial organization the legal entity which state registration is performed in the territory of the advancing development according to the legislation of the Russian Federation (except for state and municipal unitary enterprises), or the resident of other territory of the advancing development who created branch or representation in this territory of the advancing development which concluded according to this Federal Law the agreement on implementation of activities in the territory of the advancing development (further - the agreement on activities implementation) and are included in the register of residents of the territory of the advancing development (further - the register of residents);

3) the territory of the advancing development - part of the territory of the subject of the Russian Federation, including the closed administrative-territorial education, and (or) water areas of water objects on which according to the decision of the Government of the Russian Federation the particular legal regime of implementation of business and other activity for the purpose of forming of favorable conditions for investment attraction, ensuring the accelerated social and economic development and creation of comfortable conditions for ensuring activity of the population is set;

4) authorized federal body - the federal executive body authorized by the Government of the Russian Federation in the field of creation of the territories of the advancing development in the territory of the federal district, the territories of federal districts;

5) managing company - joint-stock company which is determined by the Government of the Russian Federation for the purpose of implementation of functions by management of the territory of the advancing development and which hundred percent of shares belongs to the Russian Federation, and (or) affiliated economic society which is created with participation of such joint-stock company (further - subsidiary of managing company).

Chapter 2. Creation and the termination of existence of the territory of the advancing development

Article 3. Creation of the territory of the advancing development

1. The territory of the advancing development is created for seventy years according to the decision of the Government of the Russian Federation based on the offer of authorized federal body. The term of existence of the territory of the advancing development can be prolonged according to the decision of the Government of the Russian Federation.

1.1. Decisions of the Government of the Russian Federation on creation of the territories of the advancing development in the territories of monoprofile municipalities of the Russian Federation (monotowns) which are included in the list approved by the Government of the Russian Federation and are not the closed administrative-territorial educations or are not located in the territory of the Far Eastern Federal District, are accepted according to article 34 of this Federal Law.

1.2. Decisions of the Government of the Russian Federation on creation of the territories of the advancing development in the territories of the closed administrative-territorial educations, including in the territories of the closed administrative-territorial educations which are the monoprofile municipalities of the Russian Federation (monotowns) included in the list approved by the Government of the Russian Federation are accepted according to this Article.

1.3. Decisions of the Government of the Russian Federation on creation of the territories of the advancing development in the territories of monoprofile municipalities (monotowns) which are included in the list approved by the Government of the Russian Federation and are located in the territory of the Far Eastern Federal District, are accepted according to this Article.

2. The decision of the Government of the Russian Federation on creation of the territory of the advancing development is made in the form of the resolution which provides:

1) the list of types of economic activity when which implementing the particular legal regime of implementation of business activity provided by this Federal Law is not provided;

2) the minimum amount of capital investments of residents of the territory of the advancing development in implementation of the corresponding types of economic activity in the territory of the advancing development;

3) regulations on application or non-use in the territory of the advancing development of customs procedure of free customs zone according to the Customs code of the Eurasian Economic Union and the legislation of the Russian Federation;

4) the description of location of borders of the territory of the advancing development;

5) ceased to be valid according to the Federal Law of the Russian Federation of 26.07.2019 No. 254-FZ

3. The offer on creation of the territory of the advancing development is made in the Government of the Russian Federation by authorized federal body in coordination with the corresponding supreme executive bodies of the subject of the Russian Federation and local government body or local government bodies with appendix of information specified in part 2 of this Article and also:

1) the forecast analysis of social and economic consequences of creation of the territory of the advancing development, including projection of dynamics of growth of amount of the additional incomes arriving in the relevant budgets in connection with creation of the territory of the advancing development;

2) economical and geographical characteristics of the territory of the advancing development;

3) estimates of need for involvement of foreign workers, including on vocational groups, taking into account situation in the labor market of the subject of the Russian Federation in which borders creation of the territory of the advancing development, taking into account political, economic, social and demographic situation in this subject of the Russian Federation is supposed;

4) data on availability of the investors who signed with authorized federal body the provisional agreements determining type of the planned economic activity, the volume of investment, quantity of the created workplaces;

5) the data on the created territory of the advancing development containing in the documents of strategic planning developed at the level of the subject of the Russian Federation, the municipality or municipalities.

3.1. The offer on creation or on change of borders of the territory of the advancing development in which borders it is supposed to include the water area of water object is approved by authorized federal body with federal executive body in the field of safety, federal executive body in the field of the state protection, and is introduced by the federal executive body performing functions on development and realization of state policy, normative legal regulation in the field of defense, the federal executive body performing functions on development of state policy and normative legal regulation in the sphere of environmental protection and environmental management, federal executive body in the field of transport in the Government of the Russian Federation according to the procedure, established by part 3 of this Article.

3.2. The offer on creation or on change of borders of the territory of the advancing development in which borders it is supposed to include the water area of water object containing list of geographical coordinates of characteristic points of borders of this water area and the list of coordinates of characteristic points of borders in the system of coordinates installed for maintaining the Single state real estate register is sent for approval in the federal executive bodies specified in part 3.1 of this Article with appendix of information specified in item 4 of part 2 and Items 1 - 4 parts 3 of this Article.

4. The territory of the advancing development is created in the territory of the municipality or the territories of several municipalities in borders of one subject of the Russian Federation.

5. Within thirty days from the date of adoption by the Government of the Russian Federation of the decision specified in parts 2 of this Article, authorized federal body, the supreme executive body of the subject of the Russian Federation and executive body of the municipality or executive bodies of municipalities in which territories the territory of the advancing development is created sign the agreement on creation of the territory of the advancing development by which are established:

1) obligations of the supreme executive body of the subject of the Russian Federation, the obligation of executive body of the municipality or executive bodies of municipalities for transfer of powers to managing company for management and the order of the parcels of land and other real estate objects which are in the state-owned or municipal property and located in the territory of the advancing development;

2) obligations of the supreme executive body of the subject of the Russian Federation, the obligation of executive body of the municipality or executive bodies of municipalities for transfer of managing company to property or lease of the parcels of land and other real estate objects which are in the state-owned or municipal property and located in the territory of the advancing development, and (or) other property which is in the state-owned or municipal property;

3) procedure for financing of construction, reconstruction and (or) operation (further - placement) infrastructure facilities of the territory of the advancing development at the expense of means of the federal budget, budget of the subject of the Russian Federation, the local budget, non-budgetary sources of financing;

4) method of operation of the infrastructure facilities of the territory of the advancing development created at the expense of means of the federal budget, budget of the subject of the Russian Federation, the local budget, non-budgetary sources of financing and located in the territory of the advancing development;

5) procedure for ownership, use and order of the property created at the expense of means of the federal budget, budget of the subject of the Russian Federation, the local budget, non-budgetary sources of financing and located in the territory of the advancing development after the termination of existence of the territory of the advancing development;

6) ceased to be valid according to the Federal Law of the Russian Federation of 26.07.2019 No. 254-FZ

7) the list located in the territory of the advancing development of the parcels of land or in case of absence formed in such territory or its part of the parcels of land of the obligation of the corresponding agreement party about creation of the territory of the advancing development in their education;

8) work terms by description locations of borders of the territory of the advancing development according to the procedure, No. 78-FZ established by the Federal Law of June 18, 2001 "About land management" for the description of location of borders of object of land management, the territories of the advancing development which are not exceeding six months from the date of agreement signature about creation, and the obligation of the corresponding agreement party about creation of the territory of the advancing development in carrying out the specified works;

9) responsibility of the parties for non-execution or improper execution of agreement obligations about creation of the territory of the advancing development.

5.1. Can be established by the agreement on creation of the territory of the advancing development:

1) provision conditions to residents of the territory of the advancing development of tax benefits in tax payment on property of the organizations, the land tax, including terms of provision of these privileges;

2) procedure for execution by the subject of the Russian Federation, the municipality or municipalities of obligations on financial provision of placement of infrastructure facilities of the territory of the advancing development by means of implementation of construction and reconstruction of infrastructure facilities of the territory of the advancing development.

6. Additional terms of the agreement on creation of the territory of the advancing development can be determined by the Government of the Russian Federation.

6.1. The agreement on creation of the territory of the advancing development can be signed in electronic form, signed by the strengthened qualified digital signature.

7. The decision on change of borders of the territory of the advancing development is made by the Government of the Russian Federation according to the offer of authorized federal body approved with the corresponding supreme executive bodies of the subject of the Russian Federation and local government body or local government bodies.

7.1. Two and more territories of the advancing development created in the territory of one subject of the Russian Federation can be integrated according to the decision of the Government of the Russian Federation. At the same time the territory of the advancing development created according to such decision of the Government of the Russian Federation is considered created according to this Article including if among the united territories of the advancing development is available (are available) the territory (territories) of the advancing development created (created) according to article 34 of this Federal Law.

7.2. The offer on consolidation of the territories of the advancing development is made in the Government of the Russian Federation by authorized federal body in coordination with the corresponding supreme executive bodies of the subject of the Russian Federation and local government body or local government bodies and shall contain reasons for feasibility of consolidation of the territories of the advancing development.

7.3. The decision on consolidation of the territories of the advancing development shall provide:

1) closing date of the agreement on creation of the territory of the advancing development as a result of consolidation;

2) the list and terms of holding the actions directed to consolidation of the territories of the advancing development;

3) the measures aimed at financial provision of placement of infrastructure facilities of the territory of the advancing development created as a result of consolidation;

4) the data specified in part 2 of this Article.

7.4. For the individual entrepreneurs, legal entities registered as residents of one of the united territories of the advancing development remain their status and all provided to them according to this Federal Law and other regulatory legal acts of privilege on the conditions provided by agreements on activities implementation before the termination of effective period of such agreements.

8. The territory of the advancing development cannot be created in borders of the special economic zone. The special economic zone cannot be part of the territory of the advancing development.

9. In the territory of the advancing development the objects forming industrial (industrial) parks can be created.

Article 4. Financial provision of placement of infrastructure facilities of the territory of the advancing development

1. Financial provision of placement of infrastructure facilities of the territory of the advancing development is performed at the expense of means of the federal budget, budget of the subject of the Russian Federation and local budgets, and also non-budgetary sources of financing.

2. Obligations of the Russian Federation on financing of placement of infrastructure facilities of the territory of the advancing development can be fulfilled by means of:

1) contributing to the authorized capital of managing company which hundred percent of shares belongs to the Russian Federation and which performs financing of placement of infrastructure facilities of the territory of the advancing development;

2) provisions of subsidies for compensation of loan interest rate, attracted with investors on construction of facilities of infrastructure, at the rate to hundred percent from refunding rate;

3) uses of other mechanisms of project financing;

4) uses of others of stipulated by the legislation methods of the Russian Federation.

3. Obligations of the subject of the Russian Federation and municipalities on financial provision of placement of infrastructure facilities of the territory of the advancing development are performed in accordance with the legislation of the Russian Federation and performed by means of:

1) entering of money into the authorized capital of subsidiary of managing company;

2) transfer into the ownership of managing company of the personal and (or) real estate which is in the state-owned or municipal property;

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