FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 13, 2015 No. 212-FZ

About the free port of Vladivostok

Accepted by the State Duma on July 3, 2015

Approved by the Federation Council on July 8, 2015

Chapter 1. General provisions

Article 1. Subject of regulation and purpose of this Federal Law

1. This Federal Law governs the relations connected with creation and functioning of the free port of Vladivostok.

2. The purposes of this Federal Law are:

1) ensuring interaction of federal bodies of the government, public authorities of the subjects of the Russian Federation which are part of the Far Eastern Federal District, local government bodies, the public, entrepreneurs and investors for the purpose of development of the free port of Vladivostok;

2) use of geographical and economic benefits of Primorsky Krai as east sea gate of the Russian Federation for integration into economic space of the states of the Pacific Rim;

3) development of international trade with the states of the Pacific Rim;

4) creation and development of the productions based on application of the current technologies and oriented to release in the free port of Vladivostok of competitive products in the states of the Pacific Rim;

5) acceleration of social and economic development of the territory of the free port of Vladivostok and increase in level of living of the population living in the territory of the Far East.

Article 2. Concept of the free port of Vladivostok

1. The free port of Vladivostok is understood as part of the territory of Primorsky Krai on which according to this Federal Law and other Federal Laws measures of the state support of business activity are established.

2. Also the territories of municipalities of other subjects of the Russian Federation determined by article 4 of this Federal Law are equated to the territory of the free port of Vladivostok.

Article 3. Creation of the free port of Vladivostok and phase-out of measures of the state support in the territory of the free port of Vladivostok

1. The free port Vladivostok is created for seventy years. The term of existence of the free port of Vladivostok can be extended by the Federal Law.

2. Application of measures of the state support of business activity in the territory of the free port of Vladivostok can be stopped ahead of schedule only based on the Federal Law if it is connected with need of protection of life or health of citizens, protection of objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation, environmental protection, ensuring defense of the country and safety of the state.

Article 4. Territory of the free port of Vladivostok

1. The territories of municipalities of Primorsky Krai belong to the free port of Vladivostok: The Artemovsky city district, the Vladivostok city district, the city district the Big Stone, the Lazovsky municipal district, the Nakhodka city district, the Guerrilla city district, the city district Spassk-Dalny, the Ussuriysk city district, the Nadezhdinsky municipal district, the Shkotovsky municipal district, the October municipal district, the Olginsky municipal district, the Guerrilla municipal district, the Boundary municipal district, the Hasansky municipal district, the Hankaysky municipal district, including the territory and the water area of the seaports located in the territories of these municipalities.

1.1. The free port of Vladivostok treat also. the territories of municipalities (including the territories and water areas of the seaports located in the territories of these municipalities):

1) Kamchatka Krai: Petropavlovsk-Kamchatsky city district;

2) Khabarovsk Krai: Vanino municipal district, Soviet and Havana municipal district;

3) Sakhalin region: Korsakovsky city district, Uglegorsk city district;

4) Chukotka Autonomous Okrug: city district Pevek.

2. The territories in which the special economic zone or the territory of the advancing development are created do not belong to the free port of Vladivostok.

Article 5. Financial provision of creation (upgrade) of infrastructure facilities in the territory of the free port of Vladivostok

Financial provision of creation (upgrade) in the territory of the free port of Vladivostok of objects transport, energy, utility, engineering, social, innovative and other infrastructures (further - infrastructure facilities of the free port of Vladivostok) is performed at the expense of means of non-budgetary sources using mechanisms of public-private partnership, and also according to the procedure, provided by the budget legislation of the Russian Federation, due to assignments of the federal budget, budgets of subjects of the Russian Federation and budgets of municipalities which territories are part of the territory of the free port of Vladivostok.

Article 6. Implementation of business activity in the territory of the free port of Vladivostok

1. In the territory of the free port of Vladivostok implementation of any business activity which is not prohibited by the legislation to the Russian Federation is allowed.

2. Types of business activity which have no right to perform residents of the free port of Vladivostok are determined by the decision of authorized federal body.

3. The authorized federal body has the right to determine types of business activity when which implementing separate measures of the state support of business activity are not applied.

4. Selection criteria of residents of the free port of Vladivostok are determined by the Government of the Russian Federation.

Chapter 2. Management of the free port of Vladivostok

Article 7. The supervisory board

1. The supervisory board is collegiate organ of management and is created in the territory of each subject of the Russian Federation which territories of municipalities are part of the free port of Vladivostok.

2. The supervisory board performs:

1) consideration and taking measures, aimed at the development of the subject of the Russian Federation, improvement of investment and entrepreneurial climate in the territory of the subject of the Russian Federation;

2) consideration and taking measures for the purpose of non-admission, elimination of excessive or unreasonable intervention of regulatory (supervising) authorities in activities of the residents of the free port of Vladivostok registered in the territory of the subject of the Russian Federation including introduction of offers on carrying out concerning service employees of functional audit checks and application of measures of disciplinary nature to them;

3) coordination of activities of public authorities and local government bodies concerning development and functioning of the territory of the subject of the Russian Federation which territories of municipalities are part of the free port of Vladivostok;

4) determination of the maximum share of the foreign workers involved by the residents of the free port of Vladivostok registered in the territory of subject of the Russian Federation which territories of municipalities are part of the free port of Vladivostok;

5) consideration of the course of implementation of investment projects of residents of the free port of Vladivostok and implementation of the actions directed to increase in attractiveness of legal regime of the free port of Vladivostok;

6) other functions and powers provided by this Federal Law.

3. Are part of the supervisory board:

1) representatives of authorized federal body;

2) head of the highest actuator of the government of the subject of the Russian Federation;

3) chairman of legislative (representative) public authority of the subject of the Russian Federation;

4) heads of municipalities which territories are part of the subject of the Russian Federation and the free port of Vladivostok;

5) representatives of territorial authority of the federal executive body performing functions on control and supervision in the field of customs affairs;

6) representatives of the federal executive body performing functions on control and supervision of compliance with law about taxes and fees;

7) representatives of managing company.

4. The supervisory board representatives of territorial associations (associations) of the organizations of labor unions and territorial associations of employers with the right to take part in the solution of the questions specified in item 4 of part 2 of this Article are also included.

5. The structure of the supervisory board affirms the highest actuator of the government of the subject of the Russian Federation. The highest actuator of the government of the subject of the Russian Federation has the right to include in structure of the supervisory board of representatives of the federal executive bodies which are not specified in part 3 of this Article in coordination with them.

6. The chairman of the supervisory board is the head of the highest actuator of the government of the subject of the Russian Federation. The vice-chairman of the supervisory board is the representative of authorized federal body. The secretary of the supervisory board is the representative of managing company.

7. The supervisory board performs the activities according to regulations which affirm at meeting of the supervisory board and are signed by its chairman.

8. The meeting of the supervisory board is held by its chairman, and in case of its absence the vice-chairman of the supervisory board.

9. The meeting of the supervisory board is considered competent if more than a half of his members take part in it. Members of the supervisory board participate in its meeting without the replacement right. In case of absence of the member of the supervisory board at meeting he has the right to state the opinion on cases in point in writing.

10. Decisions of the supervisory board are made by a simple majority vote the members of the supervisory board who are present at meeting. Solutions of the supervisory board are drawn up by the protocol which is signed by its chairman if other is not established by this Federal Law.

Article 8. Authorized federal body

1. The authorized federal body is understood as the federal executive body performing in the territory of the Far Eastern Federal District functions on coordination of sales activity of state programs and federal target programs.

2. The authorized federal body performs the following powers:

1) is approved by procedure for maintaining the register of the residents of the free port of Vladivostok, the scope of information containing in the specified register and also procedure for provision of the data containing in the specified register;

2) exercises control of activities of managing company;

3) is conducted by the register of residents of the free port of Vladivostok;

4) ceased to be valid according to the Federal Law of the Russian Federation of 14.07.2022 No. 271-FZ

5) ceased to be valid

6) makes decisions on reservation of lands and on compulsory acquisition of the parcels of land (on seizure of land) for the state needs for the purpose of placement of infrastructure facilities of the free port of Vladivostok in coordination with the supervisory board created in the territory of subject of the Russian Federation in which borders such lands and (or) the parcels of land are located;

7) establishes servitudes concerning the parcels of land for the purpose of placement of infrastructure facilities of the free port of Vladivostok;

7. 1) is evaluated by efficiency of functioning of the territory of the free port of Vladivostok according to the technique established by the Government of the Russian Federation;

8) other powers provided by this Federal Law.

3. The authorized federal body has the right to delegate the powers provided by Items 3 and 4 of part 2 of this Article, managing company. Delegation of power is drawn up by the agreement between authorized federal body and managing company.

4. For the purposes of this Federal Law the managing company is understood as managing company which according to the Federal Law of December 29, 2014 No. 473-FZ "About the territories of the advancing development in the Russian Federation" is determined by the Government of the Russian Federation for ensuring functioning of the territories of the advancing development in the territory of the Far Eastern Federal District, or its subsidiary.

5. The managing company performs the following functions:

1) is performed by consideration of the request for agreement signature about implementation of activities and business plan assessment;

2) signs agreements on activities implementation;

3) exercises control over the implementation by residents of the free port of Vladivostok of agreements on the activities implementation according to the procedure established by authorized federal body;

3. 1) performs actions for involvement of legal entities and individual entrepreneurs for implementation of investment projects and implementation of activities in the territory of the free port of Vladivostok according to this Federal Law for what will organize exhibitions, fairs and the congresses, takes part in them, makes, distributes promotional materials and performs other similar actions;

3. 2) is provided by activities of the supervisory boards;

4) other functions provided by this Federal Law and the agreement signed with authorized federal body.

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