Legislation of the Russian Federation on investment activities. Law “On investment activity in the Russian Federation. Subjects of investment activity and protection

25.02.2024

Article 19. Forms and methods of regulation of investment activities carried out in the form of capital investments by local government bodies

1. Regulation by local government bodies of investment activities carried out in the form of capital investments provides for:

1) creation in municipalities of favorable conditions for the development of investment activities carried out in the form of capital investments, by:

establishing incentives for subjects of investment activities to pay local taxes;

protecting the interests of investors;

providing subjects of investment activity with preferential conditions for the use of land and other natural resources that are in municipal ownership that do not contradict the legislation of the Russian Federation;

expanding the use of public funds and other extra-budgetary sources of financing housing construction and the construction of social and cultural facilities;

2) direct participation of local governments in investment activities carried out in the form of capital investments, by:

development, approval and financing of investment projects implemented by municipalities;

conducting examination of investment projects in accordance with the legislation of the Russian Federation;

issuing municipal loans in accordance with the legislation of the Russian Federation;

involving temporarily suspended and mothballed construction projects and municipally owned objects into the investment process.

2. Local governments provide, on a competitive basis, municipal guarantees for investment projects at the expense of local budgets. The procedure for providing municipal guarantees at the expense of local budgets is approved by the representative body of local self-government in accordance with the legislation of the Russian Federation.

3. Expenses for financing investment activities carried out in the form of capital investments by local governments are provided for by local budgets. Control over the targeted and effective use of local budget funds allocated for capital investments is carried out by bodies authorized by representative bodies of local self-government.

4. In the case of participation of local government bodies in the financing of investment projects carried out by the Russian Federation and constituent entities of the Russian Federation, the development and approval of these investment projects is carried out in agreement with local government bodies.

5. When carrying out investment activities, local government bodies have the right to interact with local government bodies of other municipalities, including by combining their own and borrowed funds on the basis of an agreement between them and in accordance with the legislation of the Russian Federation.

6. Regulation by local government bodies of investment activities carried out in the form of capital investments may be carried out using other forms and methods in accordance with the legislation of the Russian Federation.

(ed. dated December 28, 2013)

RUSSIAN FEDERATION

THE FEDERAL LAW

ABOUT INVESTMENT ACTIVITIES IN THE RUSSIAN FEDERATION,

CARRIED OUT IN THE FORM OF CAPITAL INVESTMENTS

Accepted

State Duma

Approved

Federation Council

List of changing documents

(as amended by Federal Laws dated January 2, 2000 N 22-FZ,

dated 08/22/2004 N 122-FZ, dated 02/02/2006 N 19-FZ,

dated December 18, 2006 N 232-FZ, dated July 24, 2007 N 215-FZ,

dated June 17, 2010 N 119-FZ, dated July 23, 2010 N 184-FZ,

dated July 18, 2011 N 215-FZ, dated July 19, 2011 N 248-FZ,

dated 06.12.2011 N 409-FZ, dated 12.12.2011 N 427-FZ,

dated December 28, 2013 N 396-FZ)

This Federal Law defines the legal and economic foundations of investment activities carried out in the form of capital investments on the territory of the Russian Federation, and also establishes guarantees of equal protection of the rights, interests and property of subjects of investment activities carried out in the form of capital investments, regardless of their form of ownership.

Chapter I. GENERAL PROVISIONS

Chapter II. LEGAL AND ECONOMIC BASIS

IN THE FORM OF CAPITAL INVESTMENTS

Chapter III. GOVERNMENT REGULATION

INVESTMENT ACTIVITIES CARRIED OUT

IN THE FORM OF CAPITAL INVESTMENTS

Chapter IV. STATE GUARANTEES OF RIGHTS

INVESTMENT SUBJECTS AND PROTECTION

CAPITAL INVESTMENTS

Chapter V. BASICS OF INVESTMENT REGULATION

ACTIVITIES CARRIED OUT IN THE FORM OF CAPITAL

INVESTMENTS, LOCAL GOVERNMENT BODIES

Chapter VI. FINAL PROVISIONS

Article 21. On the recognition of certain legislative acts as invalid in connection with the adoption of this Federal Law

In connection with the adoption of this Federal Law, the following norms that contradict this Federal Law shall be declared invalid in terms of:

Law of the RSFSR "On investment activity in the RSFSR" (Vedomosti of the Congress of People's Deputies of the RSFSR and the Supreme Council of the RSFSR, 1991, No. 29, Art. 1005);

Resolution of the Supreme Council of the RSFSR "On the implementation of the Law of the RSFSR "On investment activities in the RSFSR" (Vedomosti of the Congress of People's Deputies of the RSFSR and the Supreme Council of the RSFSR, 1991, No. 29, Art. 1006);

Article 5 of the Federal Law “On Amendments and Additions to Legislative Acts of the Russian Federation in Connection with the Adoption of the Laws of the Russian Federation “On Standardization”, “On Ensuring the Uniformity of Measurements”, “On Certification of Products and Services” (Collected Legislation of the Russian Federation, 1995, N 26, art. 2397).

Article 22. Entry into force of this Federal Law

This Federal Law comes into force on the date of its official publication.

Article 23. Bringing legal acts into compliance with this Federal Law

The President of the Russian Federation and the Government of the Russian Federation should bring their legal acts into compliance with this Federal Law.

The president

Russian Federation

B.YELTSIN

Moscow Kremlin

N 39-FZ

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capital investments - investments in fixed capital (fixed assets), including costs for new construction, reconstruction and technical re-equipment of existing enterprises, purchase of machinery, equipment, tools, inventory, design and survey work and other costs; (as amended by Federal Law dated July 18, 2011 N 215-FZ)

investment project - justification of the economic feasibility, volume and timing of capital investments, including the necessary project documentation developed in accordance with the legislation of the Russian Federation, as well as a description of practical actions for making investments (business plan); (as amended by Federal Laws dated July 24, 2007 N 215-FZ, dated July 19, 2011 N 248-FZ)

priority investment project - an investment project, the total volume of capital investments in which meets the requirements of the legislation of the Russian Federation, included in the list approved by the Government of the Russian Federation; (as amended by Federal Law dated January 2, 2000 N 22-FZ)

payback period of an investment project - the period from the date of commencement of financing of the investment project until the day when the difference between the accumulated amount of net profit with depreciation charges and the volume of investment costs becomes positive; (as amended by Federal Law dated January 2, 2000 N 22-FZ)

total tax burden - the estimated total volume of funds payable in the form of federal taxes (except for excise taxes, value added tax on goods produced on the territory of the Russian Federation) and contributions to state extra-budgetary funds (except for contributions to the Pension Fund of the Russian Federation) the investor implementing the investment project on the day the investment project begins financing. (as amended by Federal Laws dated January 2, 2000 N 22-FZ, dated December 6, 2011 N 409-FZ)

Article 2. Relations regulated by this Federal Law

This Federal Law applies to relations related to investment activities carried out in the form of capital investments.

This Federal Law does not apply to relations related to investments in banks and other credit organizations, as well as to insurance organizations, which are regulated accordingly by the legislation of the Russian Federation on banks and banking activities and the legislation of the Russian Federation on insurance, as well as to relations that are related with the attraction of funds from citizens and legal entities for the shared construction of apartment buildings and (or) other real estate on the basis of an agreement for participation in shared construction and are regulated by Federal Law of December 30, 2004 N 214-FZ "On participation in the shared construction of apartment buildings and other real estate objects and amendments to certain legislative acts of the Russian Federation. (as amended by Federal Laws dated January 2, 2000 N 22-FZ, dated June 17, 2010 N 119-FZ)

Article 3. Capital investment objects

1. The objects of capital investment in the Russian Federation are various types of newly created and (or) modernized property that are in private, state, municipal and other forms of ownership, with exceptions established by federal laws.

2. Capital investments in objects, the creation and use of which do not comply with the legislation of the Russian Federation, are prohibited. (as amended by Federal Law dated July 19, 2011 N 248-FZ)

3. An object of investment activity, the construction of which is carried out with the involvement of extra-budgetary sources of financing on a land plot located in state or municipal ownership, under an agreement concluded with a state authority, local government, state or municipal institution or unitary enterprise before January 1, 2011 and providing for the distribution of the area of the corresponding object of investment activity between the parties to this agreement, is recognized as the shared ownership of the parties to this agreement until the moment of state registration of ownership of this object in accordance with Article 24.2 of the Federal Law of July 21, 1997 N 122-FZ "On State Registration of Rights to real estate and transactions with it" taking into account the distribution of shares provided for in this agreement. (as amended by Federal Law dated December 12, 2011 N 427-FZ)

State registration of the right of shared ownership of these unfinished objects of investment activity is not required. (as amended by Federal Law dated December 12, 2011 N 427-FZ)

Article 4. Subjects of investment activities carried out in the form of capital investments

1. Subjects of investment activities carried out in the form of capital investments (hereinafter referred to as subjects of investment activities) are investors, customers, contractors, users of capital investment objects and other persons.

3. Customers are individuals and legal entities authorized by investors who implement investment projects. At the same time, they do not interfere with the entrepreneurial and (or) other activities of other investment entities, unless otherwise provided by the agreement between them. Customers can be investors.

The customer, who is not an investor, is granted the rights to own, use and dispose of capital investments for the period and within the powers established by the agreement and (or) government contract in accordance with the legislation of the Russian Federation.

4. Contractors are individuals and legal entities who perform work under a contract and (or) state or municipal contract concluded with customers in accordance with the Civil Code of the Russian Federation. Contractors are required to have a license to carry out those types of activities that are subject to licensing in accordance with federal law. (as amended by Federal Law No. 19-FZ dated 02.02.2006)

5. Users of capital investment objects - individuals and legal entities, including foreign ones, as well as state bodies, local governments, foreign states, international associations and organizations for which the specified objects are created. Users of capital investment objects can be investors.

6. A subject of investment activity has the right to combine the functions of two or more entities, unless otherwise established by an agreement and (or) government contract concluded between them.

Article 5. Activities of foreign investors on the territory of the Russian Federation

Relations related to investment activities carried out in the form of capital investments by foreign investors on the territory of the Russian Federation are regulated by international treaties of the Russian Federation, the Civil Code of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation. If an international treaty of the Russian Federation establishes rules other than those provided for by this Federal Law, then the rules of the international treaty apply.

CHAPTER II. LEGAL AND ECONOMIC BASIS OF INVESTMENT ACTIVITIES CARRIED OUT IN THE FORM OF CAPITAL INVESTMENTS

Article 6. Rights of investors

Investors have equal rights to:

carrying out investment activities in the form of capital investments, with exceptions established by federal laws;

independent determination of the volumes and directions of capital investments, as well as concluding agreements with other subjects of investment activity in accordance with the Civil Code of the Russian Federation;

possession, use and disposal of capital investment objects and the results of capital investments made;

transfer under an agreement and (or) state contract of their rights to make capital investments and their results to individuals and legal entities, state bodies and local governments in accordance with the legislation of the Russian Federation;

exercising control over the targeted use of funds allocated for capital investments;

pooling of own and borrowed funds with the funds of other investors for the purpose of jointly making capital investments on the basis of an agreement and in accordance with the legislation of the Russian Federation;

exercise of other rights provided for by the agreement and (or) government contract in accordance with the legislation of the Russian Federation.

Article 7. Responsibilities of subjects of investment activities

Subjects of investment activity are obliged to:

carry out investment activities in accordance with international treaties of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation, laws of the constituent entities of the Russian Federation and other regulatory legal acts of the constituent entities of the Russian Federation and local governments; (as amended by Federal Laws dated August 22, 2004 N 122-FZ, dated July 19, 2011 N 248-FZ)

fulfill the requirements presented by government bodies and their officials that do not contradict the norms of the legislation of the Russian Federation;

use funds allocated for capital investments for their intended purpose.

Article 8. Relations between subjects of investment activity

1. Relations between subjects of investment activity are carried out on the basis of an agreement and (or) government contract concluded between them in accordance with the Civil Code of the Russian Federation.

2. The terms of agreements and (or) government contracts concluded between subjects of investment activity remain in force for the entire period of their validity, with the exception of cases provided for by this Federal Law and other federal laws.

Article 9. Sources of financing capital investments

Financing of capital investments is carried out by investors at the expense of their own and (or) borrowed funds.

Article 10. Interaction between government bodies of the Russian Federation, government bodies of constituent entities of the Russian Federation and local governments in investment activities carried out in the form of capital investments

State authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation and local self-government bodies, by agreement between them, may interact in investment activities carried out in the form of capital investments in accordance with the Constitution of the Russian Federation, this Federal Law and other federal laws.

CHAPTER III. STATE REGULATION OF INVESTMENT ACTIVITIES CARRIED OUT IN THE FORM OF CAPITAL INVESTMENTS

Article 11. Forms and methods of state regulation of investment activities carried out in the form of capital investments

1. State regulation of investment activities carried out in the form of capital investments is carried out by state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation.

2. Federal government bodies to regulate investment activities carried out in the form of capital investments use the following forms and methods: (as amended by Federal Law dated August 22, 2004 N 122-FZ)

1) creation of favorable conditions for the development of investment activities carried out in the form of capital investments, by:

improving the tax system, the mechanism for calculating depreciation and the use of depreciation deductions;

establishment of special tax regimes for subjects of investment activities that are not of an individual nature;

protecting the interests of investors;

providing subjects of investment activity with preferential conditions for the use of land and other natural resources that do not contradict the legislation of the Russian Federation;

creation and development of a network of information and analytical centers that regularly conduct ratings and publish ratings of investment entities;

taking measures to stop and prevent violations of the antimonopoly legislation of the Russian Federation; (as amended by Federal Law dated July 26, 2017 N 205-FZ)

expanding the possibilities of using collateral in lending;

development of financial leasing in the Russian Federation;

revaluation of fixed assets in accordance with inflation rates;

creating opportunities for subjects of investment activity to form their own investment funds;

development and implementation of state policy and legal regulation in the field of standardization and pricing in design and construction; (as amended by Federal Law dated July 3, 2016 N 369-FZ)

2) direct participation of the state in investment activities carried out in the form of capital investments, through:

development, approval and financing of investment projects carried out by the Russian Federation jointly with foreign states, as well as investment projects financed from the federal budget; (as amended by Federal Law dated August 22, 2004 N 122-FZ)

the annual formation of a federal targeted investment program for the next financial year and planning period, approved by the federal executive body exercising the functions of developing state policy and legal regulation in the field of investment activity, and its implementation in the manner established by the Government of the Russian Federation; (as amended by Federal Law dated July 23, 2010 N 184-FZ)

protecting Russian organizations from supplies of obsolete and material-intensive, energy-intensive and non-science-intensive technologies, equipment, structures and materials; (as amended by Federal Law dated August 22, 2004 N 122-FZ)

Paragraph - No longer valid. (as amended by Federal Law dated July 19, 2011 N 248-FZ)

issuance of bonded loans, guaranteed targeted loans;

involving temporarily suspended and mothballed construction projects and state-owned facilities into the investment process;

granting concessions to Russian and foreign investors based on the results of tenders (auctions and competitions) in accordance with the legislation of the Russian Federation.

2.1.

State authorities of the constituent entities of the Russian Federation may use the following forms and methods to regulate investment activities carried out in the form of capital investments:

development, approval and implementation of intermunicipal investment projects and investment projects for state-owned objects of the constituent entities of the Russian Federation, financed from the budgets of the constituent entities of the Russian Federation;

carrying out examination of investment projects in accordance with the law;

provision on a competitive basis of state guarantees for investment projects at the expense of the budgets of the constituent entities of the Russian Federation. The procedure for providing state guarantees from the budgets of the constituent entities of the Russian Federation is determined by the laws of the relevant constituent entities of the Russian Federation;

issue of bonded loans of constituent entities of the Russian Federation, guaranteed targeted loans; (as amended by Federal Law dated August 22, 2004 N 122-FZ)

involvement in the investment process of temporarily suspended and mothballed construction projects and objects owned by constituent entities of the Russian Federation.

3. State regulation of investment activities carried out in the form of capital investments may be carried out using other forms and methods in accordance with the legislation of the Russian Federation.

Article 12. State regulation of investment activities carried out in the form of capital investments in the event of emergency situations

In the event of emergency situations occurring on the territory of the Russian Federation, the activities of investment entities that find themselves in the emergency zone are carried out in accordance with the legislation of the Russian Federation.

Article 13. Procedure for making decisions on the implementation of state capital investments

1. Decisions on public capital investments are made by government bodies in accordance with the legislation of the Russian Federation.

2. Expenses for financing government capital investments are provided for:

in the budgets of the constituent entities of the Russian Federation - provided that these expenses are part of the costs of implementing the relevant regional target programs, as well as on the basis of proposals from the executive authorities of the constituent entities of the Russian Federation.

3. Development, consideration and approval of investment projects financed from the federal budget are carried out in accordance with the legislation of the Russian Federation in the manner prescribed for federal target programs. Lists of investment projects financed from the federal budget form federal investment programs.

4. The procedure for financing investment projects from the federal budget is determined by the Government of the Russian Federation, and the procedure for financing investment projects from the budgets of the constituent entities of the Russian Federation is determined by the executive authorities of the relevant constituent entities of the Russian Federation. Lists of investment projects financed from the budgets of the constituent entities of the Russian Federation form regional investment programs.

5. Decisions on the use of federal budget funds to finance investment projects and (or) investment programs implemented by the Russian Federation jointly with foreign states are made after the Russian Federation has concluded relevant interstate agreements.

6. The conclusion of government contracts and other agreements for the purposes of construction, reconstruction, including reconstruction with elements of restoration, technical re-equipment of state-owned capital construction projects, or the acquisition of real estate objects into state ownership during the implementation of relevant investment projects is carried out in the manner established by the legislation of the Russian Federation Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs. (as amended by Federal Law dated December 28, 2013 N 396-FZ)

7. Control over the targeted and effective use of federal budget funds allocated for capital investments, in accordance with the legislation of the Russian Federation, is carried out by the Accounts Chamber of the Russian Federation, as well as authorized federal executive bodies. Control over the targeted and effective use of funds from the budgets of the constituent entities of the Russian Federation is carried out by bodies authorized to do so by the relevant constituent entities of the Russian Federation.

Article 14. Verification of the effectiveness of investment projects financed in whole or in part from the federal budget, budgets of constituent entities of the Russian Federation, local budgets, and the reliability of their estimated cost (as amended by Federal Law No. 215-FZ of July 24, 2007)

1. Investment projects, which are planned to be financed in whole or in part from the federal budget, budgets of constituent entities of the Russian Federation, local budgets, are subject to verification for the effectiveness of the use of funds from the relevant budgets allocated for capital investments in cases and in the manner established according to regulatory legal acts of the Government of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation, municipal legal acts.

2. Inspection of investment projects, which are planned to be financed in whole or in part from the federal budget, for the effectiveness of the use of federal budget funds allocated for capital investments is carried out by the federal executive body exercising the functions of developing state policy and legal regulation in the field of investment activities.

3. The clause is no longer valid. (as amended by Federal Law dated July 3, 2016 N 369-FZ)

CHAPTER IV. STATE GUARANTEES OF THE RIGHTS OF SUBJECTS OF INVESTMENT ACTIVITIES AND PROTECTION OF CAPITAL INVESTMENTS

Article 15. State guarantees of the rights of subjects of investment activities (as amended by Federal Law dated January 2, 2000 N 22-FZ)

1. The state, in accordance with this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, laws of the constituent entities of the Russian Federation and other regulatory legal acts of the constituent entities of the Russian Federation, guarantees to all subjects of investment activity, regardless of their form of ownership:

the right to appeal to the court decisions and actions (inaction) of state authorities, local governments and their officials;

protection of capital investments.

2. In the event that new federal laws and other regulatory legal acts of the Russian Federation come into force, changing the amount of federal taxes (with the exception of excise taxes, value added tax on goods produced on the territory of the Russian Federation) and contributions to state extra-budgetary funds (for with the exception of contributions to the Pension Fund of the Russian Federation), or changes and additions are made to the current federal laws and other regulatory legal acts of the Russian Federation, which lead to an increase in the total tax burden on the investor’s activities for the implementation of a priority investment project on the territory of the Russian Federation or establish a regime of prohibitions and restrictions regarding the implementation of capital investments on the territory of the Russian Federation in comparison with the total tax burden and regime in force in accordance with federal laws and other regulatory legal acts of the Russian Federation on the day the financing of the priority investment project began, then such new federal laws and other regulatory legal acts of the Russian Federation, as well as changes and additions made to existing federal laws and other regulatory legal acts of the Russian Federation, are not applied within the time limits specified in paragraph 3 of this article in relation to an investor implementing a priority investment project, provided that the goods imported into the Russian Federation by an investor are used for their intended purpose for the implementation of a priority investment project. (as amended by Federal Law dated December 6, 2011 N 409-FZ)

3. Stability for the investor implementing the investment project, the conditions and regime specified in this article, is guaranteed during the payback period of the investment project, but not more than seven years from the date of commencement of financing of the specified project. Differentiation of payback periods for investment projects depending on their types is determined in the manner established by the Government of the Russian Federation.

4. In exceptional cases, when an investor implements a priority investment project in the field of production or the creation of transport or other infrastructure, the payback period of which exceeds seven years. The Government of the Russian Federation makes a decision to extend for the specified investor the period of validity of the conditions and regime specified in paragraph 2 of this article.

5. The provisions of paragraph 2 of this article do not apply to changes and additions made to legislative acts of the Russian Federation, or new federal laws and other regulatory legal acts of the Russian Federation adopted in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of others persons, ensuring the country's defense and state security.

6. Government of the Russian Federation:

establishes criteria for assessing changes in conditions unfavorable for an investor implementing a priority investment project on the territory of the Russian Federation in relation to the conditions for collecting federal taxes and contributions to state extra-budgetary funds, the regime of prohibitions and restrictions regarding capital investments on the territory of the Russian Federation; (as amended by Federal Law dated December 6, 2011 N 409-FZ)

approves the procedure determining the start date of financing an investment project, including with the participation of foreign investors;

approves the procedure for registering priority investment projects;

exercises control over the fulfillment by the investor of his obligations to implement the priority investment project within the time limits specified in paragraphs 3 and 4 of this article.

If the investor fails to fulfill the obligations specified in part one of this paragraph, he is deprived of the benefits provided to him in accordance with this article. The amount of money not paid as a result of the provision of these benefits is subject to return in the manner established by the legislation of the Russian Federation.

Article 16. Protection of capital investments

1. Capital investments can be:

nationalized only subject to preliminary and equivalent compensation by the state for losses caused to subjects of investment activity, in accordance with the Constitution of the Russian Federation, the Civil Code of the Russian Federation;

requisitioned by decision of state bodies in cases, in the manner and under the conditions determined by the Civil Code of the Russian Federation.

2. Insurance of capital investments is carried out in accordance with the legislation of the Russian Federation.

Article 17. Responsibility of subjects of investment activities

1. In case of violation of the requirements of the legislation of the Russian Federation, the terms of the agreement and (or) state contract, subjects of investment activity bear responsibility in accordance with the legislation of the Russian Federation.

2. Disputes related to investment activities carried out in the form of capital investments are resolved in the manner established by the legislation of the Russian Federation and international treaties of the Russian Federation.

Article 18. Termination or suspension of investment activities carried out in the form of capital investments

1. Termination or suspension of investment activities carried out in the form of capital investments is carried out in the manner established by the legislation of the Russian Federation.

2. The procedure for compensation of losses to subjects of investment activity in the event of termination or suspension of investment activity carried out in the form of capital investments is determined by the legislation of the Russian Federation and concluded agreements and (or) government contracts.

3. An agreement concluded before January 1, 2011 with a state authority, a local government body, a state or municipal institution or a unitary enterprise and providing for construction, reconstruction on a land plot that is in state or municipal ownership and located within the boundaries of a subject of the Russian Federation - a city federal significance of Moscow or St. Petersburg, a real estate property with the involvement of extra-budgetary sources of financing and the subsequent distribution of the area of the corresponding real estate property between the parties to this agreement, may be terminated early unilaterally by a state authority or local government body, a state or municipal institution or a unitary by the enterprise in the event of a significant violation of the terms of this agreement specified in this article and (or) a significant change in the circumstances from which the parties to this agreement proceeded when concluding it. (as amended by Federal Law dated December 12, 2011 N 427-FZ)

This agreement is considered terminated after one month from the date of sending by a state authority or local government body, state or municipal institution or unitary enterprise a notice of termination of the agreement. (as amended by Federal Law dated December 12, 2011 N 427-FZ)

Before the expiration of the specified month, the party to this agreement has the right to send written objections to the state authority or local government body on the issue of termination of this agreement. If a state authority or local government body receives these objections before the expiration of the specified month, this agreement is considered terminated from the day the state authority or local government body sends a notice confirming the previously made decision to terminate this agreement. (as amended by Federal Law dated December 12, 2011 N 427-FZ)

A significant violation of the terms of this agreement, under which it is allowed to be terminated unilaterally by the relevant government body or local government body, state or municipal institution or unitary enterprise, is: (as amended by Federal Law dated December 12, 2011 N 427-FZ)

failure to fulfill obligations for the construction, reconstruction of a real estate object within the period provided for by this agreement or the lease agreement for the corresponding land plot, or in the absence of such a period in these agreements, within the period for which a permit for construction, reconstruction of this object was issued, if construction readiness the real estate object on the last day of such a period is less than forty percent of the total volume of its construction, reconstruction, provided for by the design documentation approved in the manner established by the legislation of the Russian Federation; (as amended by Federal Law dated December 12, 2011 N 427-FZ)

the absence, after five years from the date of conclusion of this agreement, of a permit for the construction or reconstruction of this real estate object if this agreement does not provide for a deadline for the completion of construction or reconstruction of this object. (as amended by Federal Law dated December 12, 2011 N 427-FZ)

A significant change in the circumstances from which the parties to this agreement proceeded when concluding an agreement under which it is allowed to be terminated unilaterally by a state authority or local government body, a state or municipal institution or a unitary enterprise is the impossibility of fulfilling obligations to carry out the construction and reconstruction of real estate objects due to the impossibility of providing a land plot in accordance with the requirements of the legislation of the Russian Federation, as well as due to the presence of encumbrances on the land plot or a real estate object located on it with the rights of third parties that impede the construction or reconstruction of the real estate object. (as amended by Federal Law dated December 12, 2011 N 427-FZ)

Termination of this agreement in connection with other significant violations of its terms and (or) a significant change in the circumstances from which the parties to this agreement proceeded when concluding it is carried out in accordance with civil law. (as amended by Federal Law dated December 12, 2011 N 427-FZ)

4. In relation to obligations arising from an agreement concluded before January 1, 2011 with a state authority, local government body, state or municipal institution or unitary enterprise and providing for construction, reconstruction on a land plot that is in state or municipal ownership and located in borders of a subject of the Russian Federation - the federal city of Moscow or St. Petersburg, a real estate property with the involvement of extra-budgetary sources of financing and the subsequent distribution of the area of the corresponding real estate property between the parties to this agreement, including upon its termination, compensation for losses, including lost profits, by the parties of this agreement is not permitted, except for the case specified in paragraph 5 of this article. If it is terminated by a state authority, a local government body, a state or municipal institution or a unitary enterprise unilaterally, the other parties to this agreement are compensated for documented direct costs of fulfilling obligations under it, on the amount of which interest is accrued in the manner established by Article 395 of the Civil Code of the Russian Federation. Federation. (as amended by Federal Laws dated December 12, 2011 N 427-FZ, dated December 28, 2013 N 396-FZ)

5. In relation to obligations arising from an agreement concluded before January 1, 2011 with a federal executive body, a federal state institution or a federal state unitary enterprise and providing for construction, reconstruction on a land plot owned by the Russian Federation and located within the borders of a constituent entity of the Russian Federation Federation - the federal city of Moscow or St. Petersburg, a real estate property with the involvement of extra-budgetary sources of financing and the subsequent distribution of the area of the corresponding real estate property between the parties to this agreement upon its termination by agreement of the parties, the Government of the Russian Federation has the right to decide on determining the amount of losses on obligations arising from this agreement.

protecting the interests of investors;

expanding the use of public funds and other extra-budgetary sources of financing housing construction and the construction of social and cultural facilities;

2) direct participation of local governments in investment activities carried out in the form of capital investments, by:

development, approval and financing of investment projects implemented by municipalities;

conducting examination of investment projects in accordance with the legislation of the Russian Federation;

issuing municipal loans in accordance with the legislation of the Russian Federation;

involving temporarily suspended and mothballed construction projects and municipally owned objects into the investment process.

3. Expenses for financing investment activities carried out in the form of capital investments by local government bodies are provided for by local budgets. Control over the targeted and effective use of local budget funds allocated for capital investments is carried out by bodies authorized by representative bodies of local self-government.

Article 20. Municipal guarantees of the rights of subjects of investment activities

Local government bodies, within the limits of their powers in accordance with this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, laws of the constituent entities of the Russian Federation and other regulatory legal acts of the constituent entities of the Russian Federation, guarantee to all subjects of investment activity:

ensuring equal rights when carrying out investment activities;

transparency in the discussion of investment projects;

stability of the rights of subjects of investment activities.

CHAPTER VI. FINAL PROVISIONS

Article 21. On the recognition of certain legislative acts as invalid in connection with the adoption of this Federal Law

In connection with the adoption of this Federal Law, the following norms that contradict this Federal Law shall be declared invalid in terms of:

Federal Law “On Amendments and Additions to Legislative Acts of the Russian Federation in Connection with the Adoption of the Laws of the Russian Federation “On Standardization”, “On Ensuring the Uniformity of Measurements”, “On Certification of Products and Services” (Collected Legislation of the Russian Federation, 1995, No. 26, Art. 2397).

6. A subject of investment activity has the right to combine the functions of two or more entities, unless otherwise established by an agreement and (or) government contract concluded between them.

Relations related to investment carried out in the form of capital investments by foreign investors on the territory of the Russian Federation are regulated by international treaties of the Russian Federation,

On investment activities in the Russian Federation carried out in the form of capital investments

(as amended on January 2, 2000, August 22, 2004, February 2, December 18, 2006, July 24, 2007)

Chapter I. General provisions

N 215-ФЗ Article 1 of this Federal Law has been amended

Federal law dated January 2, 2000 N 22-FZ, amendments were made to Article 1 of this Federal Law

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

investments- cash, securities, other property, including property rights, other rights with a monetary value, invested in objects of business and (or) other activities in order to make a profit and (or) achieve another useful effect;

investment activities - making investments and carrying out practical actions in order to make a profit and (or) achieve another useful effect;

capital investments - investments in fixed capital (fixed assets), including costs for new construction, expansion, reconstruction and technical re-equipment of existing enterprises, purchase of machinery, equipment, tools, inventory, design and survey work and other costs;

investment project - justification of the economic feasibility, volume and timing of capital investments, including the necessary project documentation developed in accordance with the legislation of the Russian Federation and duly approved standards (norms and rules), as well as a description of practical actions for making investments (business plan ).

priority investment project - an investment project, the total volume of capital investments in which meets the requirements of the legislation of the Russian Federation, included in the list approved by the Government of the Russian Federation;

payback period of the investment project - the period from the date of commencement of financing of the investment project until the day when the difference between the accumulated amount of net profit with depreciation charges and the volume of investment costs becomes positive;

- the estimated total volume of funds subject to payment in the form of import customs duties (with the exception of special types of duties caused by the application of measures to protect the economic interests of the Russian Federation when carrying out foreign trade in goods in accordance with the legislation of the Russian Federation), federal taxes (with the exception of excise taxes, value added tax on goods produced on the territory of the Russian Federation) and contributions to state extra-budgetary funds (except for contributions to the Pension Fund of the Russian Federation) by the investor implementing the investment project on the day the financing of the investment project begins.

Federal Law No. 22-FZ of January 2, 2000 amended Article 2 of this Federal Law

This Federal Law applies to relations related to investment activities carried out in the form of capital investments.

This Federal Law does not apply to relations related to investments in banks and other credit organizations, as well as in insurance organizations, which are regulated accordingly by the legislation of the Russian Federation on banks and banking activities and the legislation of the Russian Federation on insurance.

2. Capital investments in objects, the creation and use of which do not comply with the legislation of the Russian Federation and duly approved standards (norms and rules), are prohibited.

2. Investors make capital investments on the territory of the Russian Federation using their own and (or) borrowed funds in accordance with the legislation of the Russian Federation. Investors can be individuals and legal entities created on the basis of an agreement on joint activities and associations of legal entities that do not have the status of a legal entity, government bodies, local governments, as well as foreign business entities (hereinafter referred to as foreign investors).

3. Customers- individuals and legal entities authorized by investors who implement investment projects. At the same time, they do not interfere with the entrepreneurial and (or) other activities of other investment entities, unless otherwise provided by the agreement between them. Customers can be investors.

Federal Law No. 19-FZ of February 2, 2006 amended paragraph 4 of Article 4 of this Federal Law

4. Contractors- individuals and legal entities who perform work under a contract and (or) state or municipal contract concluded with customers in accordance with the Civil Code of the Russian Federation. Contractors are required to have a license to carry out those types of activities that are subject to licensing in accordance with federal law.

5. Users of capital investment objects- individuals and legal entities, including foreign ones, as well as state bodies, local governments, foreign states, international associations and organizations for which the specified objects are created. Users of capital investment objects can be investors.

6. A subject of investment activity has the right to combine the functions of two or more entities, unless otherwise established by an agreement and (or) government contract concluded between them.

Chapter II. Legal and economic foundations of investment activities carried out in the form of capital investments

Investors have equal rights to:

carrying out investment activities in the form of capital investments, with exceptions established by federal laws;

possession, use and disposal of capital investment objects and the results of capital investments made;

exercising control over the targeted use of funds allocated for capital investments;

exercise of other rights provided for by the agreement and (or) government contract in accordance with the legislation of the Russian Federation.

Federal Law No. 122-FZ of August 22, 2004 amended Article 7 of this Federal Law, which comes into force on January 1, 2005.

Subjects of investment activity are obliged to:

carry out investment activities in accordance with international treaties of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation, laws of the constituent entities of the Russian Federation and other regulatory legal acts of the constituent entities of the Russian Federation and local governments, as well as with standards (norms and rules) approved in the prescribed manner );

fulfill the requirements presented by government bodies and their officials that do not contradict the norms of the legislation of the Russian Federation;

use funds allocated for capital investments for their intended purpose.

Financing of capital investments is carried out by investors at the expense of their own and (or) borrowed funds.

Chapter III. State regulation of investment activities carried out in the form of capital investments

Federal Law No. 19-FZ of February 2, 2006 amended Article 11 of this Federal Law

Federal Law No. 122-FZ of August 22, 2004 amended Article 11 of this Federal Law, which comes into force on January 1, 2005.

2. Federal government bodies to regulate investment activities carried out in the form of capital investments use the following forms and methods:

1) creation of favorable conditions for the development of investment activities carried out in the form of capital investments, by:

improving the tax system, the mechanism for calculating depreciation and the use of depreciation deductions;

establishment of special tax regimes for subjects of investment activities that are not of an individual nature;

protecting the interests of investors;

providing subjects of investment activity with preferential conditions for the use of land and other natural resources that do not contradict the legislation of the Russian Federation;

creation and development of a network of information and analytical centers that regularly conduct ratings and publish ratings of investment entities;

taking antimonopoly measures;

expanding the possibilities of using collateral in lending;

development of financial leasing in the Russian Federation;

revaluation of fixed assets in accordance with inflation rates;

creating opportunities for subjects of investment activity to form their own investment funds;

2) direct participation of the state in investment activities carried out in the form of capital investments, through:

development, approval and financing of investment projects carried out by the Russian Federation jointly with foreign states, as well as investment projects financed from the federal budget;

compiling a list of construction projects and technical re-equipment facilities for federal state needs and financing them from the federal budget. The procedure for forming this list is determined by the Government of the Russian Federation;

placement of federal budget funds to finance investment projects in the manner prescribed by the legislation of the Russian Federation on placing orders for the supply of goods, performance of work, provision of services for state and municipal needs. The placement of these funds is carried out on a repayable and fixed-term basis with the payment of interest for their use in the amounts determined by the federal law on the federal budget for the corresponding year, or on the terms of securing in state ownership the corresponding part of the shares of the joint-stock company being created, which are sold after a certain period on the securities market securities with the direction of proceeds from sales into the revenues of the corresponding budgets;

protecting Russian organizations from supplies of obsolete and material-intensive, energy-intensive and non-science-intensive technologies, equipment, structures and materials;

development and approval of standards (norms and rules) and monitoring their compliance;

issuance of bonded loans, guaranteed targeted loans;

involving temporarily suspended and mothballed construction projects and state-owned facilities into the investment process;

granting concessions to Russian and foreign investors based on the results of tenders (auctions and competitions) in accordance with the legislation of the Russian Federation.

2.1. State authorities of the constituent entities of the Russian Federation may use the following forms and methods to regulate investment activities carried out in the form of capital investments:

carrying out examination of investment projects in accordance with the law;

placement of funds from the budgets of the constituent entities of the Russian Federation to finance investment projects in the manner prescribed by the legislation of the Russian Federation on placing orders for the supply of goods, performance of work, provision of services for state and municipal needs. The placement of these funds is carried out on a repayable and fixed-term basis with the payment of interest for their use in the amounts determined by the law on the budget of a constituent entity of the Russian Federation, or on the terms of securing in the ownership of a constituent entity of the Russian Federation the corresponding part of the shares of the created joint-stock company, which are sold after a certain period on the securities market securities with the direction of proceeds from sales into the revenues of the corresponding budgets;

issue of bonded loans of constituent entities of the Russian Federation, guaranteed targeted loans;

involvement in the investment process of temporarily suspended and mothballed construction projects and objects owned by constituent entities of the Russian Federation.

3. State regulation of investment activities carried out in the form of capital investments may be carried out using other forms and methods in accordance with the legislation of the Russian Federation.

In the event of emergency situations occurring on the territory of the Russian Federation, the activities of investment entities that find themselves in the emergency zone are carried out in accordance with the legislation of the Russian Federation.

1. Decisions on public capital investments are made by government bodies in accordance with the legislation of the Russian Federation.

2. Expenses for financing government capital investments are provided for:

in the federal budget - provided that these expenses are part of the expenses for the implementation of the relevant federal target programs, as well as on the basis of proposals from the President of the Russian Federation or the Government of the Russian Federation;

6. Placement of orders for contract construction work for state needs at the expense of funds from the federal budget and funds from the budgets of constituent entities of the Russian Federation during the implementation of relevant investment projects is carried out by state customers through competitions in accordance with the legislation of the Russian Federation.

Federal Law of July 24, 2007 N 215-FZ Article 14 of this Federal Law is stated in a new wording

Federal Law No. 232-FZ of December 18, 2006 stipulates Article 14 of this Federal Law in a new wording, which comes into force on January 1, 2007.

Federal Law No. 122-FZ of August 22, 2004 introduced amendments to paragraph 2 of Article 14 of this Federal Law, which come into force on January 1, 2005.

3. The estimated cost of investment projects, the financing of which is planned to be financed in whole or in part from the federal budget, budgets of the constituent entities of the Russian Federation, local budgets, is subject to verification for the reliability of the use of funds from the corresponding budgets allocated for capital investments in the manner established accordingly by regulatory legal acts of the Government of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation, municipal legal acts.

Chapter IV. State guarantees of the rights of subjects of investment activity and protection of capital investments

Federal law dated January 2, 2000 N 22-FZ, Article 15 of this Federal Law is stated in a new edition

the right to appeal to the court decisions and actions (inaction) of state authorities, local governments and their officials;

protection of capital investments.

2. In the event that new federal laws and other regulatory legal acts of the Russian Federation come into force, changing the amount of import customs duties (with the exception of special types of duties caused by the application of measures to protect the economic interests of the Russian Federation when carrying out foreign trade in goods in accordance with the law Russian Federation), federal taxes (except for excise taxes, value added tax on goods produced on the territory of the Russian Federation) and contributions to state extra-budgetary funds (except for contributions to the Pension Fund of the Russian Federation), or are included in the current federal laws and other regulatory legal acts of the Russian Federation changes and additions that lead to an increase in the total tax burden on the investor’s activities for the implementation of a priority investment project on the territory of the Russian Federation or establish a regime of prohibitions and restrictions regarding the implementation of capital investments on the territory of the Russian Federation in comparison with the total tax burden and regime , in force in accordance with federal laws and other regulatory legal acts of the Russian Federation on the day the financing of the priority investment project began, then such new federal laws and other regulatory legal acts of the Russian Federation, as well as changes and additions made to existing federal laws and other regulatory legal acts acts of the Russian Federation are not applied during the periods specified in paragraph 3 of this article in relation to an investor implementing a priority investment project, provided that the goods imported into the customs territory of the Russian Federation by the investor are used for the intended purpose for the implementation of the priority investment project.

4. In exceptional cases, when an investor implements a priority investment project in the field of production or creation of transport or other infrastructure, the payback period of which exceeds seven years, the Government of the Russian Federation makes a decision to extend for the specified investor the period of validity of the conditions and regime specified in paragraph 2 of this article .

6. Government of the Russian Federation:

establishes criteria for assessing changes in conditions unfavorable for an investor carrying out a priority investment project on the territory of the Russian Federation in relation to the conditions for collecting import customs duties, federal taxes and contributions to state extra-budgetary funds, the regime of prohibitions and restrictions regarding the implementation of capital investments on the territory of the Russian Federation;

approves the procedure determining the start date of financing an investment project, including with the participation of foreign investors;

approves the procedure for registering priority investment projects;

exercises control over the fulfillment by the investor of his obligations to implement the priority investment project within the time limits specified in paragraphs 3 and 4 of this article.

1. Capital investments can be:

requisitioned by decision of state bodies in cases, in the manner and under the conditions determined by the Civil Code of the Russian Federation.

2. Insurance of capital investments is carried out in accordance with the legislation of the Russian Federation.

1. In case of violation of the requirements of the legislation of the Russian Federation, the terms of the agreement and (or) state contract, subjects of investment activities bear responsibility in accordance with the legislation of the Russian Federation.

1. Termination or suspension of investment activities carried out in the form of capital investments is carried out in the manner established by the legislation of the Russian Federation.

Chapter V. Fundamentals of regulation of investment activities carried out in the form of capital investments by local government bodies

Federal Law No. 19-FZ of February 2, 2006 amended Article 19 of this Federal Law

1. Regulation by local government bodies of investment activities carried out in the form of capital investments provides for:

1) creation in municipalities of favorable conditions for the development of investment activities carried out in the form of capital investments, by:

establishing incentives for subjects of investment activities to pay local taxes;

protecting the interests of investors;

expanding the use of public funds and other extra-budgetary sources of financing housing construction and the construction of social and cultural facilities;

2) direct participation of local governments in investment activities carried out in the form of capital investments, by:

development, approval and financing of investment projects implemented by municipalities;

placing funds from local budgets to finance investment projects in the manner prescribed by the legislation of the Russian Federation on placing orders for the supply of goods, performance of work, provision of services for state and municipal needs. The placement of these funds is carried out on a repayable and fixed-term basis with the payment of interest for their use in the amounts determined by regulatory legal acts on local budgets, or on the terms of securing in municipal ownership the corresponding part of the shares of the created joint-stock company, which are sold after a certain period on the securities market with directing proceeds from sales to local budget revenues;

conducting examination of investment projects in accordance with the legislation of the Russian Federation;

issuing municipal loans in accordance with the legislation of the Russian Federation;

involving temporarily suspended and mothballed construction projects and municipally owned objects into the investment process.

ensuring equal rights when carrying out investment activities;

transparency in the discussion of investment projects;

stability of the rights of subjects of investment activities.

Chapter VI. Final provisions

In connection with the adoption of this Federal Law, the following norms that contradict this Federal Law shall be declared invalid in terms of:

Law of the RSFSR "On investment activity in the RSFSR" (Vedomosti of the Congress of People's Deputies of the RSFSR and the Supreme Council of the RSFSR, 1991, No. 29, Art. 1005);

Resolution of the Supreme Council of the RSFSR "On the implementation of the Law of the RSFSR "On investment activity in the RSFSR" (Vedomosti of the Congress of People's Deputies of the RSFSR and the Supreme Council of the RSFSR, 1991, No. 29, Art. 1006);

This Federal Law comes into force on the date of its official publication.

The President of the Russian Federation and the Government of the Russian Federation should bring their legal acts into compliance with this Federal Law.

The president

Russian Federation B. Yeltsin

Moscow Kremlin