FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 10, 2023 No. 296-FZ

About modification of separate legal acts of the Russian Federation

Accepted by the State Duma on June 22, 2023

Approved by the Federation Council on July 5, 2023

Article 1

Bring in the Law of the Russian Federation of February 21, 1992 No. 2395-I "About subsoil" (in edition of the Federal Law of March 3, 1995 No. 27-FZ) (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, No. 16, Art. 834; Russian Federation Code, 1995, No. 10, Art. 823; 2008, No. 18, Art. 1941; No. 29, Art. 3418; 2012, No. 53, Art. 7648; 2015, No. 1, Art. 11; 2016, No. 27, Art. 4212; 2017, No. 31, Art. 4737; 2019, No. 44, Art. 6176; 2020, No. 24, Art. 3753; 2021, No. 18, Art. 3067; 2022, No. 14, Art. 2188; No. 27, Art. 4619; 2023, No. 1, Art. 45) following changes:

1) part the ninth Article 9 to add with words ", concessionary agreements concerning objects, stipulated in Item 1 parts 1 of article 4 of the Federal Law of July 21, 2005 No. 115-FZ "About concessionary agreements", agreements on public-private partnership, agreements on municipal and private partnership in the relation of objects, stipulated in Item 1 part 1 of article 7 of the Federal Law 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";

2) the paragraph of the seventh of Item 7 parts one of Article 10.1 to add with words ", concessionary agreements concerning objects, stipulated in Item 1 parts 1 of article 4 of the Federal Law of July 21, 2005 No. 115-FZ "About concessionary agreements", agreements on public-private partnership, agreements on municipal and private partnership in the relation of objects, stipulated in Item 1 part 1 of article 7 of the Federal Law 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".

Article 2

Bring in the Federal Law of July 21, 2005 No. 115-FZ "About concessionary agreements" (The Russian Federation Code, 2005, No. 30, Art. 3126; 2007, No. 46, Art. 5557; No. 50, Art. 6245; 2008, No. 27, Art. 3126; 2009, No. 29, Art. 3582, 3601; 2010, No. 27, Art. 3436; 2011, No. 30, Art. 4594; No. 49, Art. 7015; No. 50, Art. 7359; 2012, No. 18, Art. 2130; 2013, No. 19, Art. 2330; No. 52, Art. 7003; 2014, No. 26, Art. 3386; No. 30, Art. 4266; 2015, No. 45, Art. 6208; No. 48, Art. 6724; 2016, No. 1, Art. 11, 80; No. 27, Art. 4208; 2017, No. 30, Art. 4457; No. 31, Art. 4828; 2018, No. 1, Art. 87; No. 15, Art. 2034; No. 27, Art. 3956; No. 31, Art. 4850; No. 32, Art. 5105; No. 53, Art. 8451; 2020, No. 50, Art. 8046; 2021, No. 27, Art. 5171, 5179, 5180; 2022, No. 1, Art. 38; No. 18, Art. 3012; No. 24, Art. 3914; No. 29, Art. 5287; 2023, No. 1, Art. 51; Russian newspaper, 2023, on June 20) following changes:

1) in Article 3:

a) add with part 3.1 сл the going content:

"3.1. For the purpose of this Federal Law the actions directed to maintenance of subject of the concessionary agreement in condition, operational, safe, suitable for its operation, and implementation of its running and (or) capital repairs belong to maintenance of subject of the concessionary agreement. The list of such actions is established by the concessionary agreement.";

b) to add part 5 after words of "concessionary agreement" with words ", the concessionary agreement determined by the decision on the conclusion,";

c) add part 9 with the offer of the following content: "Such property at the time of transfer to his concessionary shall be free from the third party rights if other is not established by this Federal Law.";

d) regarding 9.1 words "for the purpose of implementation by the concessionary of the activities provided by part of 1 this Article" shall be replaced with words "for creation on its basis of subject of the concessionary agreement";

e) state part 13 in the following edition:

"13. The concedent has the right to take financial part in creation and (or) reconstruction of subject of the concessionary agreement, use (operation) of subject of the concessionary agreement and other property given by the concedent to the concessionary according to the concessionary agreement (further - financial participation of the concedent) according to article 10.1 of this Federal Law.";

e) in part 15 of the word "part 9" shall be replaced with words "parts 9 and 9.1";

2) in Article 4:

a) "determined by the Government of the Russian Federation" to add part 3 after words with words "(further - the official site for placement of information on tendering)", after the words "such municipality, on the Internet to add with words " (further-the official site of the concedent)";

b) in part 6 after words of "conditions of the concessionary agreement" to add with words "(further - monitoring)", the word "specified" to exclude, add with the offer of the following content: "Establishment in the concessionary agreement of the provisions limiting possibility of carrying out monitoring is not allowed, except as specified, if the concessionary agreement is signed concerning subject of the concessionary agreement, data on which are the state secret.";

c) add with part 7 of the following content:

"7. The federal executive body performing functions on development of state policy and normative legal regulation in the field of investing activities posts on the official site on the Internet the register of concessionary agreements created based on data about the concessionary agreements realized and realized in the territory of the Russian Federation, and approves procedure for forming, maintaining such register and the list of the data containing in such register.";

3) in Article 5:

a) to state Item 7 of part 1.3 in the following edition:

"7) procedure for placement of information on the official site for placement of information on tendering and on the official site of the concedent;";

b) add with part 1.9 following of content:

"1.9. The concessionary shall conform to the following requirements:

1) not carrying out liquidation of the legal entity or lack of the decision on the termination of activities by physical person as the individual entrepreneur;

2) lack of the initiated insolvency proceedings (bankruptcy) in accordance with the legislation of the Russian Federation about insolvency (bankruptcy);

3) not suspension of operations of the legal entity or individual entrepreneur according to the procedure, established by the Russian Federation Code of Administrative Offences;

4) lack of registration of the legal entity in the state or on the territories which provide preferential tax regime of the taxation and is not provided by disclosures and provisions of information when carrying out financial transactions (offshore zones) which list affirms the Ministry of Finance of the Russian Federation.";

c) "to requirements to" add part 3 after words with words "to the concessionary, the established this Federal Law, and in case of the conclusion of the concessionary agreement following the results of tender also to requirements to";

d) add part 4 with the new third offer of the following content: "In the case provided by part 1 of article 39 of this Federal Law, as the fourth agreement party, concluded according to this part between the concessionary, the concedent and creditors, the subject of the Russian Federation in which borders of the territory there is property transferred to the concessionary according to the concessionary agreement on condition of determination of the rights and obligations of such subject of the Russian Federation in the agreement specified in this part and observance of requirements of the budget legislation of the Russian Federation also acts.", after words "to requirements to" add with words "to the concessionary, the established this Federal Law, and in case of the conclusion of the concessionary agreement following the results of tender also to requirements to";

Shall be replaced with words 4) regarding 1 Article 7 of the word "the payment is provided" "the payment can be provided";

5) in Article 8:

a) in part 2:

state Item 3 in the following edition:

"3) to perform the activities provided by the concessionary agreement and not to stop (not to stop) these activities without the consent of the concedent, except as specified, provided by part 3.7 of article 13 of this Federal Law, and also provisions of other regulatory legal acts;";

in Item 6 of the word "support subject of the concessionary agreement in good repair, make at own expense running repair and capital repairs" shall be replaced with words "perform at own expense maintenance of subject of the concessionary agreement";

b) in part 3 the word "has the right" to replace with the word "shall";

6) in Article 9:

a) state the name in the following edition:

"Article 9. Implementation by the concedent of control of execution of the concessionary agreement";

b) state part 6 in the following edition:

"6. The act of results of control is subject to placement by the concedent within five working days from the date of creation of this act on the official site of the concedent. Access to this act is provided during effective period of the concessionary agreement and after day of the termination of its effective period within three years.";

7) in Article 10:

a) in part 1:

in Item 6.2 of the word", except as specified, provided by part 1.1 of article 7 of this Federal Law" shall be replaced with words "-if the concessionary agreement provides concessionary payment";

add with Item 6.7 of the following content:

"6. 7) the size and (or) procedure for determination of the size and condition of financial participation of the concedent - if the concessionary agreement provides financial participation of the concedent;";

b) in part 2:

declare Item 9 invalid;

add with Item 18 of the following content:

"18) circumstances which approach can lead to non-execution or improper execution by the concessionary of obligations according to the concessionary agreement and (or) origin at it the additional expenses and (or) the half-received income according to the concessionary agreement connected with approach of the specified circumstances and also effects of approach of the specified circumstances which can treat including the obligation of the concedent on compensation of such additional expenses and (or) compensation of such half-received income of the concessionary.";

c) state part 4 in the following edition:

"4. The government of the Russian Federation approves approximate concessionary agreements concerning the separate subjects of concessionary agreements specified regarding 1 article 4 of this Federal Law which can be used in case of the conclusion of concessionary agreements. Requirements to banks in which the bank deposit (deposit) of the concessionary on which rights can be pledged by the concessionary to the concedent can be open and to insurance companies or foreign insurance companies which have the right according to the Law of the Russian Federation of November 27, 1992 No. 4015-I "About the organization of insurance case in the Russian Federation" to perform insurance activity in the territory of the Russian Federation and with which the concessionary can sign the insurance contract of risk of responsibility for violation of obligations according to the concessionary agreement are established by the Government of the Russian Federation.";

8) to add with Article 10.1 of the following content:

"Article 10.1. Financial participation of the concedent

1. Financial participation of the concedent can be performed in one or several of the following forms:

1) financing at stage of creation and (or) reconstruction of subject of the concessionary agreement of part of expenses on creation and (or) reconstruction of subject of the concessionary agreement (further - capital grant). The size of capital grant cannot exceed eighty percent of expenses on creation and (or) reconstruction of subject of the concessionary agreement;

2) compensation and (or) financial provision at operational phase of subject of the concessionary agreement of expenses of the concessionary on creation and (or) reconstruction of subject of the concessionary agreement, use (operation) of subject of the concessionary agreement and other property given by the concedent to the concessionary according to the concessionary agreement, including on maintenance of subject of the concessionary agreement (further - payment of the concedent). If conditions of the concessionary agreement provide creation and (or) reconstruction of subject of the concessionary agreement including several real estate units and (or) objects of information technologies, the concedent has the right to perform payment of payment of the concedent after commissioning of the corresponding object (objects) of real estate and (or) object (objects) of information technologies if it is provided by conditions of the concessionary agreement;

3) compensation of the income from use (operation) of subject of the concessionary agreement half-received by the concessionary for the purpose of providing the minimum guaranteed income of the concessionary from use (operation) of subject of the concessionary agreement determined in the concessionary agreement.

2. The extreme amount of financial participation of the concedent in the forms provided by part of 1 this Article shall be less general size of expenses on creation and (or) reconstruction of subject of the concessionary agreement, and also on use (operation) of subject of the concessionary agreement and other property given by the concedent to the concessionary according to the concessionary agreement. The expenses specified in this part the proved and documentary confirmed costs which are performed are recognized (are suffered) by the concessionary and the concedent on creation and (or) reconstruction of subject of the concessionary agreement, and also on use (operation) of subject of the concessionary agreement and other property given by the concedent to the concessionary according to the concessionary agreement and can include including expenses on interest payment and other payments on the loans (loans) attracted by the concessionary for the purpose of execution of the obligations according to the concessionary agreement, risk insurance of accidental death and (or) accidental damage of subject of the concessionary agreement and other property given by the concedent to the concessionary according to the concessionary agreement, ensuring execution by the concessionary of obligations according to the concessionary agreement.

3. Financial participation of the concedent in shape, stipulated in Item 3 parts of 1 this Article, cannot exceed the size of the guaranteed income of the concessionary determined by the concessionary agreement minimum from use (operation) of subject of the concessionary agreement less actually gained income of the concessionary from use (operation) of subject of the concessionary agreement, and also less the income in type of the subsidies and other payments received by the concessionary according to the concessionary agreement from budgets of budget system of the Russian Federation or from the legal entities created based on the Federal Law.

4. The size or procedure for determination of the amount of financial participation of the concedent in the forms provided by part of 1 this Article shall be specified in the decision on the conclusion of the concessionary agreement, except for the case specified regarding 2.1 articles 24 of this Federal Law and also shall be specified in the concessionary agreement.

5. Financial participation of the concedent can be performed in shape, stipulated in Item 3 parts of 1 this Article if the concessionary agreement provides income acquisition from realization of the goods made by the concessionary, accomplishment by it of works, rendering services.

6. Financial participation of the concedent is performed taking into account the requirements provided by the budget legislation of the Russian Federation.";

9) regarding 1 Article 11 the second offer to exclude;

10) in Article 13:

a) state part 2 in the following edition:

"2. Concessionary agreements shall include the essential conditions established by this Federal Law, other Federal Laws and can include not contradicting the legislation of the Russian Federation and the tender documentation of condition.";

b) to state Item 1 of part 3.1 in the following edition:

"1) the amount of financial participation of the concedent decreases in case of decrease in estimated cost of subject of the concessionary agreement according to the proposal of person with which the decision to sign the concessionary agreement is made;";

c) state part 3.8 in the following edition:

"3.8. If concedent according to the concessionary agreement is the subject of the Russian Federation or the municipality, change of the conditions of the concessionary agreement determined based on the competitive proposal of the concessionary on criteria of tender, and change of the essential conditions of the concessionary agreement specified regarding 1 article 10 of this Federal Law are performed in coordination with antimonopoly authority, except as specified, if such changes do not lead to change of conditions of financial participation of the concedent regarding the forms of financial participation of the concedent and (or) the general size of monetary commitments of the concedent used in the concessionary agreement within financial participation of the concedent and (or) postponement of implementation of financial participation of the concedent for earlier term.";

d) add with part of 3.8-1 following content:

"3.8-1. Provisions of part 3.8 of this Article are not applied to concessionary agreements which are signed without carrying out tender with the concessionary determined by the decision of the Government of the Russian Federation according to part 1 of article 37 of this Federal Law.";

e) part 3.9 after words of "concessionary agreement" to add with the words "and the conditions of the concessionary agreement determined based on the competitive proposal of the concessionary on criteria of tender according to part 3.8 of this Article";

11) in Article 15:

a) to state Item 3 of part 2.1 in the following edition:

"3) failure to carry out of the obligations assumed by the concedent on financial participation of the concedent performed by the concessionary agreement.";

b) "to requirements to" add part 4 after words with words "to the concessionary, the established this Federal Law, and in case of the conclusion of the concessionary agreement following the results of tender also to requirements to";

12) regarding 1 Article 20 the second offer to state in the following edition: "As the measures providing return on investment of the concessionary and receipt of gross revenue by him (the income from realization of the made goods, performance of works, rendering services in regulated prices (rates) of at least an amount which is initially determined by the concessionary agreement, the concedent has the right to extend the validity of the concessionary agreement with the consent of the concessionary and (or) to increase the amount of financial participation of the concedent, and also to provide to the concessionary additional state or municipal guarantees.";

13) in Article 21:

a) add with parts 1.1 and 1.2 of the following content:

"1.1. Since March 1, 2024 the open tender can be held electronically (further - tender electronically) on electronic platform which is determined by the concedent for carrying out tender electronically (further also - electronic platform) and which operator is included in the list of operators of electronic platforms approved by the Government of the Russian Federation according to the Federal Law of April 5, 2013 No. 44-FZ "About contractual system in the field of purchases of goods, works, services for ensuring the state and municipal needs" (further also - the operator of an electronic trading platform), taking into account provisions of Chapter 3.1 of this Federal Law.

1.2. Since January 1, 2026 holding open tender is performed exclusively electronically on electronic platform which operator is included in the list of operators of electronic platforms approved by the Government of the Russian Federation according to the Federal Law of April 5, 2013 No. 44-FZ "About contractual system in the field of purchases of goods, works, services for ensuring the state and municipal needs" taking into account provisions of Chapter 3.1 of this Federal Law.";

b) regarding 3 words "on the Internet and words", determined by the Government of the Russian Federation" to exclude;

c) regarding 3.1 words "on the Internet to replace with the word of "concedent";

14) in Article 22:

a) in part 2:

in Item 5 of the word "on the Internet shall be replaced with words "for placement of information on tendering and on the official site of the concedent";

add with Item 5.1 of the following content:

"5. 1) placement term in the Section of open part of electronic platform, access to which has the unrestricted group of people and in which the concedent necessary documents and materials when carrying out tender are placed electronically according to this Federal Law (further - the open Section of electronic platform), messages on carrying out tender - when carrying out tender electronically;";

add with Item 7 of the following content:

"7) procedure and terms of approval of the tender documentation.";

b) add with part 2.5 following of content:

"2.5. In case of carrying out tender electronically the decision on the conclusion of the concessionary agreement shall contain information that competition is held electronically.";

15) in Article 23:

a) in part 1:

Item 5 in paragraph one "applicants" shall be replaced with words the word "persons who submitted bids (further also - applicants)";

to add Item 10 after the word "procedure" with the words "and term";

state Items 12 and 13 in the following edition:

"12) amount of deposit, brought as tender security on participation in tender (further - deposit), procedure and term of its introduction, account details on which deposit, and (or) the size and conditions of the irrevocable bank guarantee provided as tender security on participation in tender, procedure for its provision and effective period of this irrevocable bank guarantee is made;

13) the amount of concessionary payment, form or forms, procedure and terms of its introduction if the concessionary agreement provides concessionary payment and the amount of concessionary payment is not criterion of tender;";

add Item 16 with the words "or date and time of the beginning of consideration of bids electronically (when carrying out tender electronically)";

add Item 17 with the words "or signature date of the protocol of carrying out preliminary selection of participants of tender electronically (when carrying out tender electronically)";

add Item 18 with the words "or date and time of the beginning of consideration of competitive offers (when carrying out tender electronically)";

add Item 21 with the words "or the protocol on results of carrying out tender electronically (when carrying out tender electronically)";

add with Item 27 of the following content:

"27) the address of electronic platform on the Internet, the name and contact information of the operator of an electronic trading platform including including phone numbers and the e-mail address of the operator of an electronic trading platform (when carrying out tender electronically).";

b) regarding 1.2 figures "45" to replace with figures "46";

c) regarding 4 words "on the Internet shall be replaced with words "for placement of information on tendering, on the official site of the concedent and when carrying out tender electronically in the open Section of electronic platform";

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