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FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 22, 2005 No. 116-FZ

About special economic zones in the Russian Federation

(as amended on 30-12-2020)

Accepted by the State Duma on July 8, 2005

Approved by the Federation Council on July 13, 2005

Chapter 1. General provisions

Article 1. Legal regulation of the relations in the field of special economic zones in the Russian Federation

1. The relations in the field of special economic zones in the Russian Federation are governed by the Agreement on questions free (special, special) economic zones on customs area of the Customs union and customs procedure of free customs zone of June 18, 2010 (further - the Agreement on SEZ), other acts of the customs legislation of the Customs union within EurAsEC (further - the Customs union), the legislation of the Russian Federation on special economic zones and other legislation of the Russian Federation.

2. The legislation of the Russian Federation on special economic zones consists of this Federal Law and other Federal Laws accepted according to it.

3. The relations in the field of special economic zones can be also governed by presidential decrees of the Russian Federation, orders of the Government of the Russian Federation and other regulatory legal acts adopted in accordance with the legislation of the Russian Federation about special economic zones.

Article 2. The basic concepts used in this Federal Law

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

1) the special economic zone - part of the territory of the Russian Federation which is determined by the Government of the Russian Federation and on which the specific mode of implementation of business activity acts and also can be applied customs procedure of free customs zone;

2) managing company - open joint stock company which is created for the purpose of implementation of agreements on creation of special economic zones and which hundred percent of shares belongs to the Russian Federation, or economic society which is created with participation of such open joint stock company for present purposes, or other economic society which concluded with the authorized Government of the Russian Federation federal executive body the management agreement the special economic zone;

3) cluster - set of special economic zones of one type or several types which is determined by the Government of the Russian Federation and which control is exercised of one managing company.

Article 3. Purposes of creation of special economic zones

Special economic zones are created for the purpose of development of the processing industries of economy, high-tech industries of economy, tourism development, the sanatorium sphere, port and transport infrastructures, development of technologies and commercialization of their results, production of new types of products.

Article 4. Types of special economic zones

1. In the territory of the Russian Federation special economic zones of the following types can be created:

1) industrial and production special economic zones;

2) technology development special economic zones;

3) tourist and recreational special economic zones;

4) port special economic zones.

1.1. For providing specified in article 3 of this Federal Law creations of special economic zones are more whole special economic zones of one type or several types can be combined by the decision of the Government of the Russian Federation in cluster.

2. Industrial and production special economic zones are created no more than on three sites of the territory which area constitutes no more than forty square kilometers. Technology development special economic zones are created on sites of the territory which total area constitutes no more than four square kilometers.

2.1. Tourist and recreational special economic zones and port special economic zones are created on one or several sites of the territory.

2.2. Port special economic zones are created on the sites of the territory adjacent to the seaports, river ports open for the international message and calling of foreign vessels, to the airports open for acceptance and sending the aircrafts which are carrying out the international airborne transportations and can include parts of the territories and (or) water areas of river ports, the territories of seaports, airports. Port special economic zones can be created on the parcels of land intended in accordance with the established procedure for construction, reconstruction and operation of infrastructure facilities of seaport, river port, the airport. In borders of port special economic zones infrastructure facilities of seaport according to the Federal Law of November 8, 2007 No. 261-FZ "About seaports in the Russian Federation and about modification of separate legal acts of the Russian Federation" can be located. Port special economic zones cannot include the property complexes intended for landing of passengers to vessels, their disembarkation from courts and for other servicing of passengers.

2.3. Port special economic zones are created according to part 2.2 of this Article on sites of the territory which total area constitutes no more than fifty square kilometers.

2.4. Increase in the area of special economic zones is performed by the order of the Government of the Russian Federation.

3. The special economic zone can be located in the territory of one municipality or the territories of several municipalities within the territory of one subject of the Russian Federation or the territories of several subjects of the Russian Federation. Creation of the special economic zone in the territory of the municipality on which the zone of territorial development is created is not allowed.

4. In the special economic zone, except for the tourist and recreational special economic zone, placement of objects of housing stock is not allowed.

5. In the territory of the special economic zone it is not allowed:

1) development of mineral deposits, except for developments of fields of mineral waters and other natural medical resources;

2) ceased to be valid according to the Federal Law of the Russian Federation of 23.07.2013 No. 231-FZ

3) production and conversion of excise goods (except for cars and motorcycles).

6. The government of the Russian Federation can determine other types of activity which implementation is not allowed in the special economic zone.

Article 5. Conditions of creation of special economic zones

1. Special economic zones can be created on the parcels of land which are in the state-owned or municipal property, including provided in ownership and (or) in use to citizens or legal entities and also on the parcels of land which are in property of citizens or legal entities. The specified parcels of land shall belong to category of lands of the industry, power, transport, communication, broadcasting, television, information science, lands for ensuring space activities, lands defense, safety or lands other special purpose or lands of settlements. Tourist and recreational special economic zones can be also created on the parcels of land belonging to category of lands of especially protected territories and objects or lands of forest fund, lands of agricultural purpose.

2. It is allowed to include in borders of special economic zones the parcels of land on which buildings, constructions which are in the state-owned or municipal property, including provided in ownership and (or) in use to citizens or legal entities and also the parcels of land on which buildings, constructions which are in property of citizens or legal entities are located are located.

Article 5.1. Taxation of residents of special economic zones

The taxation of residents of special economic zones is performed in accordance with the legislation of the Russian Federation about taxes and fees.

Chapter 2. Creation and termination of existence of special economic zones

Article 6. Creation and termination of existence of special economic zones

1. The decision on creation of the special economic zone in the territory of the subject of the Russian Federation or the territories of subjects of the Russian Federation and the territory of the municipality or the territories of municipalities is accepted by the Government of the Russian Federation and is drawn up by the order of the Government of the Russian Federation.

1.1. Voided

1.2. The decision on creation of the special economic zone is made by the Government of the Russian Federation proceeding from the criteria of creation of the special economic zone approved by the Government of the Russian Federation.

2. The supreme executive body of the government of the subject of the Russian Federation or the supreme executive bodies of the government of subjects of the Russian Federation together with executive body of the municipality or executive bodies of municipalities submit to the federal executive body authorized by the Government of the Russian Federation the request for creation of the special economic zone with reasons for feasibility and efficiency of its creation for the solution of tasks of federal, regional, local importance. The consent in writing of the owner or owners of the infrastructure facilities which are in the territory intended for creation of the port special economic zone is applied to the request for creation of the port special economic zone on the basis of infrastructure facilities of seaport, river port, airport. The consent of the owner or owners of infrastructure facilities cannot be withdrawn until agreement signature about implementation of activities in the port special economic zone. The procedure for registration and application for creation of the special economic zone, including the list of the documents which are attached to the request is determined by the federal executive body authorized by the Government of the Russian Federation.

3. Voided.

4. The government of the Russian Federation, the supreme executive body of the government of the subject of the Russian Federation or the supreme executive bodies of the government of subjects of the Russian Federation, executive body of the municipality or executive bodies of municipalities in which territories the special economic zone is created, conclude within thirty days from the date of acceptance by the Government of the Russian Federation decisions on creation of the special economic zone the agreement (further - the agreement on creation of the special economic zone) by which they are established:

1) complex of actions for development of the perspective plan of development of the special economic zone and procedure for their financing;

2) obligations of executive body of the government of the subject of the Russian Federation or the obligation of executive bodies of the government of subjects of the Russian Federation on transfer to the federal executive body of powers authorized by the Government of the Russian Federation on management and the order of the parcels of land and other real estate objects located in borders of the special economic zone for the term of its existence;

3) obligations of executive body of the municipality or executive bodies of municipalities for transfer to the federal executive body of the right to management and the order of the parcels of land and other real estate objects which are in municipal property and located in borders of the special economic zone authorized by the Government of the Russian Federation for the term of its existence;

4) procedure for forming of the supervisory board of the special economic zone;

5) performance indicators of functioning of the special economic zone.

4.1. In the terms provided by the agreement on creation of the special economic zone specified in part 4 of this Article are also established:

1) amount and terms of financing of creation of objects engineering, transport, social, innovative and other infrastructures of the special economic zone at the expense of means of the federal budget, budgets of subjects of the Russian Federation, local budgets, non-budgetary sources of financing;

2) borders of the special economic zone and the list of the parcels of land forming it;

3) the territory, adjacent to the special economic zone, which total area cannot exceed the area specified in parts 2 and 2.3 of article 4 of this Federal Law;

4) the plan of arrangement and corresponding material equipment of the special economic zone and the territory adjoining to it;

5) other conditions provided by this Federal Law.

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