Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 13, 2015 No. 224-FZ

About public-private partnership, municipal and private partnership in the Russian Federation and modification of separate legal acts of the Russian Federation

(as amended on 29-12-2020)

Accepted by the State Duma on July 1, 2015

Approved by the Federation Council on July 8, 2015

Chapter 1. General provisions

Article 1. Purpose and subject of regulation of this Federal Law

1. The purpose of this Federal Law is creation of legal conditions for investment attraction in economy of the Russian Federation and improvement of quality of goods, works, services, the organization of providing consumers with which treats questions of maintaining public authorities, local government bodies.

2. This Federal Law determines bases of legal regulation of the relations arising in connection with preparation of the project of public-private partnership, the project of municipal and private partnership, the conclusion, execution and termination of the agreement about public-private partnership, agreements on municipal and private partnership, including appropriate authority of public authorities, local government bodies, establishes guarantees of the rights and legitimate interests of agreement parties about public-private partnership, agreements on municipal and private partnership.

Article 2. Legislation of the Russian Federation on public-private partnership, municipal and private partnership, municipal legal acts on municipal and private partnership

1. The legislation of the Russian Federation on public-private partnership, municipal and private partnership is based on provisions of the Constitution of the Russian Federation, the Civil code of the Russian Federation, the Budget code of the Russian Federation, the Land code of the Russian Federation, the Town-planning code of the Russian Federation, the Forest code of the Russian Federation, the Water code of the Russian Federation, the Air code of the Russian Federation and consists of this Federal Law, other Federal Laws and other regulatory legal acts of the Russian Federation, and also regulatory legal acts of subjects of the Russian Federation, municipal legal acts. The rules of law containing in other Federal Laws accepted according to this Federal Law, other regulatory legal acts of the Russian Federation, and also regulatory legal acts of subjects of the Russian Federation, municipal legal acts shall correspond to this Federal Law.

2. The relations arising in connection with preparation, the conclusion, execution and the termination of concessionary agreements with establishment of guarantees of the rights and legitimate interests of the parties of the concessionary agreement, are regulated by the Federal Law of July 21, 2005 No. 115-FZ "About concessionary agreements".

Article 3. The basic concepts used in this Federal Law

For the purposes of this Federal Law the following basic concepts are used:

1) public-private partnership, municipal and private partnership - the cooperation of the public partner which is legally drawn up for certain term and based on combining of resources, distribution of risks, on the one hand, and the private partner, on the other hand, which is performed based on the agreement on public-private partnership, the agreements on municipal and private partnership signed according to this Federal Law for the purpose of attraction in economy of private investments, ensuring with public authorities and local government bodies of goods availability, works, services and increase in their quality;

2) the project of public-private partnership, the project of municipal and private partnership (further also - the project) - the project planned for realization jointly by the public partner and the private partner on the principles of public-private partnership, municipal and private partnership;

3) the agreement on public-private partnership, the agreement on municipal and private partnership (further also - the agreement) - the civil contract between the public partner and the private partner signed for the term at least than three years according to the procedure and on conditions which are established by this Federal Law;

4) public partner - The Russian Federation on behalf of which the Government of the Russian Federation or the federal executive body authorized by it, or the subject of the Russian Federation on behalf of which the supreme executive body of the government of the subject of the Russian Federation or the executive body of the subject of the Russian Federation authorized by it, or the municipality on behalf of which the head of the municipality or other authorized body of local self-government according to the charter of the municipality acts acts acts;

5) the private partner - the Russian legal entity with whom according to this Federal Law the agreement is signed;

6) the financing person - the legal entity or the consolidation of two and more legal entities operating without formation of legal entity on cooperation agreement, the providing borrowed funds to the private partner for implementation of the agreement on the terms of recoverability, the paid nature, urgency;

7) the direct agreement - the civil agreement signed between the public partner, the private partner and the financing person or the financing persons (further also - the financing person) for the purpose of regulation of conditions and procedure for their interaction during the term of implementation of the agreement, and also in case of change and termination of the agreement;

8) comparative advantage - benefit in use of means of the budgets of the budget system of the Russian Federation necessary for project implementation, before use of means of the budgets of the budget system of the Russian Federation necessary for implementation of the public contract, the municipal contract provided that the price of goods, works, services, goods quantity, amount of work or service, quality of the delivered goods, the performed work, the rendered service, other characteristics of goods, work, service in case of project implementation are equal to the price of goods, work, service, goods quantity, amount of work or service, quality of the delivered goods, the performed work, the rendered service, to other characteristics of goods, work, service in case of implementation of the public contract, municipal contract;

9) operation of subject of the agreement - use of subject of the agreement for the purpose of implementation of the activities provided by such agreement for production of goods, performance of works, rendering services according to the procedure and on conditions which are determined by the agreement;

10) maintenance of subject of the agreement (further also - maintenance) - the actions directed to maintenance of subject of the agreement in condition, operational, safe, suitable for its operation, and implementation of its running or capital repairs;

11) authorized bodies - the federal executive body authorized by the Government of the Russian Federation on implementation of the powers provided by part 2 of article 16 of this Federal Law, the executive body of the subject of the Russian Federation authorized by the supreme executive body of the government of the subject of the Russian Federation on implementation of the powers provided by part 2 of article 17 of this Federal Law, the local government body authorized according to the charter of the municipality on implementation of the powers provided by part 2 of article 18 of this Federal Law;

12) joint tender - competition which is held according to the procedure, established by this Federal Law, two and more public partners for the purpose of project implementation and following the results of which each public partner signs the agreement with the winner of joint tender or the other person having the right according to this Federal Law to the conclusion of such agreement.

Article 4. Principles of public-private partnership, municipal and private partnership

The public-private partnership, municipal and private partnership in the Russian Federation are founded on the following principles:

1) openness and availability of information on public-private partnership, municipal and private partnership, except for the data which are the state secret and other secret protected by the law;

2) ensuring competition;

3) lack of discrimination, equality of participants of the agreement and their equality before the law;

4) fair execution by agreement parties of agreement obligations;

5) equitable distribution of risks and obligations between agreement parties;

6) freedom of agreement signature.

Article 5. Agreement parties about public-private partnership, agreements on municipal and private partnership

1. Agreement parties about public-private partnership, agreements on municipal and private partnership are the public partner and the private partner.

2. Cannot be private partners, and also participate on the party of the private partner the following legal entities:

1) state and municipal unitary enterprises;

2) public and local government offices;

3) the public companies and other legal entities created by the Russian Federation based on the Federal Laws;

4) the economic partnerships and societies, economic partnership which are under control of the Russian Federation, the subject of the Russian Federation or the municipality;

5) the affiliated economic societies which are under control specified in - the 4th this part of the organizations;

6) the non-profit organizations created by the Russian Federation, subjects of the Russian Federation, municipalities in the form of funds;

7) the non-profit organizations created specified in Items 1 - the 6th this part the organizations in the form of funds.

3. Economic partnerships and societies, economic partnership are under control of the Russian Federation, the subject of the Russian Federation or the municipality, and also under control of the organizations specified in Items 1 - 4 parts 2 of this Article, in the presence of one of the following signs:

1) the Russian Federation, the subject of the Russian Federation or municipality and one of the organizations specified in Items 1 - 4 parts 2 of this Article, have the right to dispose directly or indirectly more than fifty percent of total quantity of the voices falling on voting shares (shares) constituting the authorized capital of controlled person;

2) the Russian Federation, the subject of the Russian Federation or municipality, and also one of the organizations specified in Items 1 - 4 parts 2 of this Article, based on the agreement or on other bases acquired the right or power to determine the decisions made by controlled person including conditions of implementation of business activity by it;

3) the Russian Federation, the subject of the Russian Federation or municipality, and also one of the organizations specified in Items 1 - 4 parts 2 of this Article, have the right to appoint sole executive body and (or) more than fifty percent of structure of collegiate executive body of controlled person or have unconditional opportunity to choose more than fifty percent of structure of the board of directors (supervisory board) or other collegiate organ of management of controlled person.

4. The separate rights and obligations of the public partner which list is established by the Government of the Russian Federation can be performed by bodies and (or) the legal entities specified in part 2 of this Article authorized by the public partner according to the Federal Laws, other regulatory legal acts of the Russian Federation, regulatory legal acts of subjects of the Russian Federation, municipal legal acts (further also - bodies and the legal entities who are on the side of the public partner).

5. The procedure for execution by the bodies and legal entities who are on the side of the public partner, the separate rights and obligations of the public partner amount and structure of these rights and obligations are determined by the agreement based on the solution on project implementation of public-private partnership, the project of municipal and private partnership.

6. The private partner shall fulfill agreement obligations by own efforts. The private partner has the right to fulfill the agreement obligations with involvement of the third parties only if it is allowed by terms of agreement. At the same time the private partner bears responsibility for actions of the third parties as for own.

7. Involvement of the third parties by the private partner for the purpose of execution of its agreement obligations is allowed only with the consent of in writing public partner which is drawn up by the separate document which is integral part of the agreement and in whom the list of the third parties with indication of the data identifying them can be determined. If in the consent of the public partner persons who can be attracted by the private partner are specified, the private partner has no right to involve other persons in execution of the agreement obligations, and the third parties specified in this list have no right to involve other persons for execution of the obligations.

8. The private partner shall conform to the following requirements:

1) not carrying out liquidation of the legal entity and lack of the decision of Arbitration Court on initiation of proceeedings about bankruptcy of the legal entity;

2) non-use of administrative punishment in the form of administrative suspension of operations of the legal entity according to the procedure, established by the Russian Federation Code of Administrative Offences, on the date of submission of the bid;

3) lack of shortage on taxes, charges and debt on other obligatory payments, and also debt on interest payment for use of budgetary funds, penalty fee, penalties, lack of other financial sanctions not earlier than before one month about day of submission of the bid;

4) availability of licenses for implementation of separate types of activity, certificates on the admission of self-regulatory organizations necessary in accordance with the legislation of the Russian Federation to accomplishment of the works provided by the agreement and others permissions, necessary for implementation of the agreement, except as specified, if receipt of the specified licenses, certificates, permissions is in accordance with the legislation of the Russian Federation allowed only after agreement signature and observance of conditions of such agreement necessary for this purpose.

9. Establishment of the requirements to private partners which are not provided by this Federal Law is not allowed.

10. If the agreement is signed concerning object, stipulated in Item 19 parts 1 of article 7 of this Federal Law, cannot be the private partner, and also participate on the party of the private partner in such agreement the Russian legal entities whose decisions foreign physical persons and (or) foreign legal entities, foreign states, their bodies directly or indirectly can determine, except as specified, determined by the international treaty of the Russian Federation, the Federal Law, the decision of the President of the Russian Federation.

Article 6. Elements of the agreement on public-private partnership, agreements on municipal and private partnership

1. In case of decision making about project implementation of public-private partnership, the project of municipal and private partnership authorized according to this Federal Law on adoption of such decision by public authority, the local government body determines form of public-private partnership, form of municipal and private partnership by means of inclusion in the agreement of the obligatory elements of the agreement and determination of the sequence of their realization provided by this Article.

2. Obligatory elements of the agreement are:

1) construction and (or) reconstruction (further also - creation) subject of the agreement the private partner;

2) implementation by the private partner of complete or partial financing of creation of subject of the agreement;

3) implementation by the private partner of operation and (or) maintenance of subject of the agreement;

4) origin at the private partner of the property right to subject of the agreement on condition of encumbrance of subject of the agreement according to this Federal Law.

3. The agreement for the purpose of determination of form of public-private partnership or municipal and private partnership can also include the following elements:

1) designing by the private partner of subject of the agreement;

2) implementation by the private partner of complete or partial financing of operation and (or) maintenance of subject of the agreement;

3) ensuring creation with the public partner of partial financing by the private partner of subject of the agreement, and also financing of its operation and (or) maintenance;

4) availability at the private partner of the obligation in transfer of subject of the agreement on public-private partnership, subject of the agreement on municipal and private partnership in property of the public partner after the term determined by the agreement, but no later than day of termination of the agreement;

5) ensuring operation of subject of the agreement with the public partner if the private partner performs only maintenance of this subject of the agreement.

4. If the amount of financing of creation of subject of the agreement by the public partner and market value of the personal and (or) real estate given by the public partner to the private partner in the agreement or market value of the transferred rights to such property (if the agreement does not provide emergence of the property right of the private partner to such property) in total exceed the amount of financing of creation of such objects by the private partner, obligatory element of the relevant agreement is stipulated in Item 4 parts 3 of this Article the obligation of the private partner.

5. Financing of creation of subject of the agreement, its operation and (or) maintenance at the expense of means of budgets of the budget system of the Russian Federation is performed only due to provision of subsidies from budgets of the budget system of the Russian Federation according to the budget legislation of the Russian Federation.

Article 7. Subjects of the agreement on public-private partnership, subjects of the agreement on municipal and private partnership

1. Subjects of the agreement are:

1) private highways or sections of private highways, bridges, protective road constructions, artificial road constructions, production facilities (the objects used in case of capital repairs, repair and content of highways), the elements of arrangement of highways, objects intended for collection of payment (including Items of collection of payment), objects of road service;

2) common carrier, except for subway;

3) objects of rail transport;

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

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

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.