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

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, regulatory legal acts of bodies of the public power of the federal territory, 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, either body of the public power of the federal territory, 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. The state corporation created by the Russian Federation according to the Federal Law of July 13, 2015 No. 215-FZ "About the State corporation on space activities Roskosmos also has the right to perform powers of the public partner;

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.

3.1. Economic partnerships and societies, economic partnership, being the financing persons and being according to part 3 of this Article 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, are not persons participating on the party of the private partner.

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).

4.1. Under the agreement on municipal and private partnership which subject is the property, stipulated in Item 2 parts 1 of article 7 of this Federal Law, and as the public partner in which the municipality acts, as the independent party of such agreement the subject of the Russian Federation in which borders of the territory there will be property transferred to the private partner in the agreement on municipal and private partnership on behalf of which the management official (the head of the supreme executive body of the government of the subject of the Russian Federation) entered the subject of the Russian Federation acts in cases can participate if the realization of such agreement is enabled at the expense of the interbudget transfer and (or) budget credit granted from the federal budget to the budget of the specified subject of the Russian Federation and (or) at the expense of the interbudget transfer and (or) budget credit, the subject of the Russian Federation presented from the budget to the budget of the municipality and (or) if such agreement provides performance of works, the regular transportations of passengers connected with implementation, rendering services by the private partner in the regulated rates established by the specified subject of the Russian Federation. The rights and obligations of the subject of the Russian Federation participating in such agreement as the independent party are established by regulatory legal act of the subject of the Russian Federation. In these cases the specified subject of the Russian Federation can also act as the independent party under the direct agreement, stipulated in Item to the 7th article 3 of this Federal Law, taking into account the requirements established by the budget legislation of the Russian Federation.

4.2. Under the agreement which subject is the property stipulated in Item 24 parts 1 of article 7 of this Federal Law, only the Russian Federation can be 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.

11. If the agreement on public-private partnership or the agreement on municipal and private partnership is signed concerning object, stipulated in Item 2 parts 1 of article 7 of this Federal Law, the Russian legal entities whose decisions foreign physical persons, foreign legal entities, foreign states, their bodies, other foreign investors directly or indirectly can determine, except as specified, determined by the Federal Law, the decision of the President of the Russian Federation cannot be the private partner in such agreements. Action of this part does not extend to the states which are members of the Eurasian Economic Union. For the purposes of this part the concept "foreign investor" is used in the value specified regarding the 2nd article 3 of the Federal Law of April 29, 2008 to No. 57-FZ "About procedure of foreign investments in the economic societies having strategic importance for ensuring defense of the country and safety of the state".

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. For the purpose of this Federal Law actions for its reorganization on the basis of implementation of new technologies, mechanization and automation of production, upgrade and replacement of obsolete and physically worn-out equipment with new more productive equipment, to change of technological or functional purpose of subject of the agreement or its separate parts, other actions for improvement of characteristics and operational properties of subject of the agreement belong to reconstruction of subject of the agreement;

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, except for case of reconstruction of subject of the agreement on public-private partnership provided by part 4.2 of article 7 of 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 (further - financial participation of the public partner) according to article 12.1 of this Federal Law;

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 the public partner of creation, operation and maintenance of subject of the agreement 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, operation and maintenance of these objects by the private partner and (in the presence) the amount of payment of the private partner for the period of operation of the agreement, obligatory element of the 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) the objects of transport infrastructure and technologically related vehicles providing the activities connected with transportations of passengers by common carrier, except for the subway;

3) objects of rail transport;

4) objects of pipeline transport;

5) seaports, river ports, specialized ports, objects of their infrastructures, including the artificial parcels of land, port hydraulic engineering constructions, except for infrastructure facilities of seaport which can be in federal property are not subject to alienation in private property;

6) ocean ships and river crafts, vessels mixed (the river - the sea) swimmings, and also the vessels performing icebreaking posting, hydrographic, research activities, ferry crossings, floating and dry docks except for of objects which in accordance with the legislation of the Russian Federation are in state-owned property are not subject to alienation in private property;

7) aircrafts, airfields, the airports, technical means and other means intended for ensuring flights of aircrafts, except for the objects carried to property of the state aircraft or to single system of air traffic management;

8) facilities for production, to transfer and distribution of electrical energy;

9) hydraulic engineering constructions, stationary and (or) floating platforms, artificial islands;

10) underwater and underground technical constructions, transitions, constructions of communication, communication line and communication, other linear objects of communication and communication;

11) health care facilities, including the objects intended for sanatorium treatment and other activities in health sector;

12) objects of education, culture, sport, the objects used for the organization of rest of citizens and tourism, other objects of social servicing of the population;

13) objects on which processing, utilization, neutralization, placement of solid municipal waste, collection, use, neutralization, placement, storage, transportation, accounting and utilization of medical waste are performed;

14) subjects to improvement of the territories, including for their lighting;

15) meliorative systems and objects of their engineering infrastructure, except for state meliorative systems;

16) objects of production, primary and (or) subsequent (industrial) conversion, the storages of agricultural products determined according to the criteria established by the Government of the Russian Federation;

17) objects of hunting infrastructure;

18) the property complexes intended for production of industrial output and (or) implementation of other activities in the sphere of the industry;

19) programs for electronic computers (computer program), the database, information systems (including the state information systems) and (or) the websites on the Internet or other information and telecommunication networks which part such computer programs and (or) databases are, or set of the specified objects (further - objects of information technologies), or objects of information technologies and the property which is technologically connected with one or several such objects and intended for ensuring their functioning or implementation of other activities provided by the agreement (further - technical means of ensuring functioning of objects of information technologies);

20) set of the buildings, parts of the buildings or rooms united by single appointment with the personal estate which is technologically connected with objects of information technologies, and intended for automation with use of the computer programs and databases of processes of forming, storage, processing, acceptance, transfer, delivery of information, ensuring access to it, its representations and distribution (data-processing centers);

21) objects of the specialized organizations for assistance to persons who are in condition of alcoholic, drug or other toxic intoxication;

22) the objects intended for placement of shelters for animals;

23) buildings, structures and constructions intended for warehousing, storages and cargo transportations of northern delivery located in the territories with limited terms of delivery of the freights located in borders of the municipalities relating to the region of the Far North and areas equated to them;

24) the objects of space infrastructure which are real estate, and also the specified objects of space infrastructure and technologically related space objects.

2. The property concerning which are not established by the legislation of the Russian Federation belonging only to the state-owned, municipal property or prohibition on alienation in private property or on stay in private property can only be subject of the agreement from the list of the subjects of the agreement specified regarding 1 this Article.

3. The agreement can be signed concerning several subjects of the agreements specified regarding 1 this Article of objects. Agreement signature concerning several subjects of the agreement is allowed if the specified actions (failure to act) will not lead to non-admission, restriction, competition elimination.

4. The subject of the agreement which is subject to reconstruction shall be in property of the public partner at the time of agreement signature and shall be free from the third party rights to the moment of its transfer to the private partner. In case of agreement signature about public-private partnership concerning reconstruction of object, stipulated in Item 18 parts of 1 this Article and belonging at the time of agreement signature to the private partner on the property right, subject of the agreement on public-private partnership at the time of agreement signature shall be free from the third party rights.

4.1. By the agreement transfer by the public partner to ownership and to use to the private partner of object of construction in progress, the rights to which are registered in the Single state real estate register, for creation on its basis of subject of the agreement can be provided (except for case if the agreement is signed concerning object, stipulated in Item 19 parts of 1 this Article).

4.2. The agreement on public-private partnership can be signed concerning reconstruction of object, stipulated in Item 18 parts of 1 this Article and belonging at the time of agreement signature to the private partner on the property right, or concerning asset construction, stipulated in Item 18 parts of 1 this Article, on the parcel of land belonging at the time of agreement signature to the private partner on the property right, only if public partner is the Russian Federation. Features of preparation, the conclusion, execution and termination of the agreement about public-private partnership are established by article 10.1 of this Federal Law.

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