FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 2, 2021 No. 344-FZ

About introduction of amendments to the Federal law "About Protection and Encouragement of Capital Investments in the Russian Federation" and article 15 of the Federal law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs"

Accepted by the State Duma on June 16, 2021

Approved by the Federation Council on June 23, 2021

Article 1

Bring in the Federal Law of April 1, 2020 No. 69-FZ "About protection and encouragement of capital investments in the Russian Federation" (The Russian Federation Code, 2020, No. 14, Art. 1999; 2021, No. 1, Art. 33) following changes:

Article 1 to add 1) with words ", and also the relations connected with information support of processes of implementation of investing activities and provision of measures of the state (municipal) support within the state information system "Capital investments";

2) in Article 2:

a) in part 1:

add with Item 2.1 of the following content:

"2. 1) investment stage - implementation phase of the investment project which is performed:

a) from the moment of the beginning of accomplishment of installation and construction works on creation (construction) or reconstruction and (or) upgrade of real estate units and (or) complex of the objects of personal and real estate connected among themselves and until their commissioning if the investment project provides creation (construction) or reconstruction of real estate units and (or) complex of objects of personal and real estate, and (or) until acceptance of the modernized real estate units and (or) complex of objects of personal and real estate;

b) from the moment of the beginning of performance of works on creation of results of intellectual activities and (or) the means of individualization equated to them and until state registration of such results and (or) such means and (or) until creation of results of intellectual activities and (or) the means of individualization equated to them if according to the civil legislation state registration of results of intellectual activities and (or) the means of individualization equated to them is not required;";

state Item 3 in the following edition:

"3) the investment project - the complex of the interconnected actions and processes directed to creation (construction) and the subsequent operation new limited on time of implementation and the spent resources or on reconstruction and (or) upgrade and the subsequent operation of the existing real estate units (including on reconstruction and (or) upgrade and the subsequent operation of the existing real estate units based on the concessionary agreement or the lease agreement) and (or) complex of the objects of personal and real estate connected among themselves, and (or) on creation and use of results of intellectual activities and (or) the means of individualization equated to them for the purpose of generation of profit and (or) achievements of other useful effect, including prevention or minimization of negative impact on the environment;";

state Item 5 in the following edition:

"5) capital investments - the money of the organization realizing the project enclosed in the investment project at pre-investment and investment stages, and for the purpose of implementation of the investment project in the field of health care, education, culture or physical culture and sport - also the means provided to the organization realizing the project, her investor (investors) as donations at the same time such money are not:

a) loan money (except for the money provided to the organization realizing the project for agreements of convertible loan provided that the creditor exercised the right under the specified contract of convertible loan for share acquisition or share in the authorized capital of the organization realizing the project before completion of investment stage and that the amount of made money which is not loan and the amount of the exercised right to claim of the creditor under the agreement of convertible loan is at least, than the amount of capital investments provided by the agreement on protection and encouragement of capital investments);

b) the money received from the budget of budget system of the Russian Federation;

c) the money received from the organization with public participation which is subject to treasurer maintenance;";

state Item 6 in the following edition:

"6) the new investment project - the investment project concerning which one of the following requirements is observed:

a) the organization realizing the project made the decision on implementation of the investment project, including on scoping of capital investments (expenses) necessary for its realization, about day of entry into force of this Federal Law, but not earlier than May 7, 2018 and at the same time satisfied the following conditions:

not earlier than May 7, 2018 got the permission for construction of the real estate units created or reconstructed within the investment project or began implementation of capital investments if the investment project provides upgrade of real estate units and (or) creation of results of intellectual activities and (or) the means of individualization equated to them;

no later than December 31, 2022 submitted the application for agreement signature for protection and encouragement of capital investments according to article 7 of this Federal Law;

b) the organization realizing the project made the decision on approval of the budget on capital investments (expenses) (without the budget on the expenses connected with preparation of the design estimates, carrying out design and survey and exploration works) after day of entry into force of this Federal Law and submitted the application for agreement signature for protection and encouragement of capital investments according to article 7 of this Federal Law no later than one year after adoption of such decision;";

add Item 7 with the words "and not being objects of the accompanying infrastructure";

add with Item 9.1 of the following content:

"9. 1) pre-investment stage - implementation phase of the investment project which is performed from the moment of decision making about implementation of the investment project or decision on approval of the budget on capital investments (expenses) and until the beginning of accomplishment of installation and construction works on creation (construction) or reconstruction and (or) upgrade of real estate units and (or) complex of the objects of personal and real estate connected among themselves if the investment project provides creation (construction) or reconstruction and (or) upgrade of such objects, and (or) until the beginning of performance of works on creation of results of intellectual activities and (or) the means of individualization equated to them if the investment project provides creation of the specified objects of the civil laws;";

to state the subitem "b" of Item 10 in the following edition:

"b) at least 90 percent of annual revenue of the organization are constituted by revenue received by it from implementation of the investment project at stage of operation of the real estate units created (built) or reconstructed and (or) modernized and (or) complex of the objects of personal and real estate connected among themselves, and (or) use of the created results of intellectual activities and (or) means of individualization equated to them;";

state Item 13 in the following edition:

"13) the accompanying infrastructure - the objects of transport, energy, utility, social, digital infrastructures used both for the purpose of implementation of the investment project and in other purposes concerning which the organization realizing the project incurred the costs connected with their creation (construction) or reconstruction and (or) upgrade provided that the specified objects correspond to one of the following requirements:

a) are in the state-owned (municipal) property or are subject to transfer by the organization realizing the project to the state-owned (municipal) property;

b) are in property of the regulated organization and (or) for the agreement signed with the regulated organization including to the agreement of technological accession, arrive in property of this organization;

c) remain in property of the organization realizing the project in case of simultaneous observance of the following conditions:

the organization realizing the project has technical (technological) capability to provide the specified infrastructure facilities in use to other persons or to provide access to them;

there are no restrictions set by regulatory legal acts of the Russian Federation interfering provision by the organization realizing the project, such infrastructure facilities in use to the third parties;

such infrastructure facilities are located in the territory of subject of the Russian Federation in the territory of which the investment project according to the agreement on protection and encouragement of capital investments is implemented, or in the territory of several subjects of the Russian Federation if the investment project is implemented in the territory of several subjects of the Russian Federation according to the agreement on protection and encouragement of capital investments;

such infrastructure facilities are demanded, in particular, the Russian Federation and (or) the subject of the Russian Federation has need for their creation (construction) or reconstruction and (or) upgrade and the subsequent operation confirmed with the corresponding federal executive body and (or) authorized body of the executive authority of appropriate subject of the Russian Federation;

according to the Federal Law, other regulatory legal act, the public agreement and (or) other agreement (except for contracts with persons entering one group of persons with the organization realizing the project) the organization realizing the project has obligation to provide infrastructure facility in use and (or) to provide access to it to any person (except for persons entering one group of persons with the organization realizing the project) who will address the organization realizing the project with the relevant requirement;";

add with Item 13.1 of the following content:

"13. 1) operation stage (operational stage) - the implementation phase of the investment project connected with use of the real estate units put into operation and (or) complex of the objects of personal and real estate connected among themselves, and (or) the created results of intellectual activities and (or) means of individualization equated to them for the purpose of generation of profit and (or) achievement of other useful effect, including prevention or minimization of negative impact on the environment;";

add with Item 15 of the following content:

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