FEDERAL LAW OF THE RUSSIAN FEDERATION

of May 7, 2013 No. 103-FZ

About introduction of amendments to the Federal law "About Concessionary Agreements" and separate legal acts of the Russian Federation

Accepted by the State Duma of the Russian Federation on April 26, 2013

Approved by Council of the Russian Federation on April 27, 2013

Article 1

Bring in the Federal Law of July 21, 2005 N 115-FZ "About concessionary agreements" (The Russian Federation Code, 2005, N 30, Art. 3126; 2008, N 27, Art. 3126; 2009, N 29, Art. 3582, 3601; 2010, N 27, Art. 3436; 2011, N 49, Art. 7015; 2012, N 18, Art. 2130) following changes:

"Item 1" shall be replaced with words 1) regarding the 4th Article 5 of the word "Items 1 and 11", shall be replaced with words the words "and for ensuring obligation fulfillment" "and for obligation fulfillment";

2) Article 9:

a) add with part 5 of the following content:

"5. Results of control of observance by the concessionary of conditions of the concessionary agreement are drawn up by the act of results of control.";

b) add with part 6 of the following content:

"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 on the Internet or in case of absence at the municipality of the official site on the Internet on the official site of the subject of the Russian Federation in which borders such municipality, on the Internet is located. Access to the specified act is provided during effective period of the concessionary agreement and after day of the termination of its effective period within three years.";

c) add with part 7 of the following content:

"7. The act of results of control is not placed on the Internet if data on subject of the concessionary agreement are the state secret or this object has strategic importance for ensuring defense capability and safety of the state.";

3) in Article 10:

a) to add part 1.1 after the words "If when Implementing by the Concessionary of the Activities Provided by the Concessionary Agreement Realization by the Concessionary of the Made Goods, Performance of Works, Rendering Services Are Performed at Regulated Prices (Rates) and (or) taking into account the Established Allowances to the Prices (Rates)" with the words "and subject of the concessionary agreement are not heat supply objects, centralized systems of hot water supply, cold water supply and (or) water disposal, separate objects of such systems";

b) ceased to be valid according to the Federal Law of the Russian Federation of 03.07.2016 No. 275-FZ

c) ceased to be valid according to the Federal Law of the Russian Federation of 03.07.2016 No. 275-FZ

d) in part 2:

word in paragraph one "parts 1 and 1.1" shall be replaced with words "parts 1, 1.1 and 1.2";

in Item 2 of the word "with the executive bodies or local government bodies performing in accordance with the legislation of the Russian Federation in the field of price regulation (rates) price regulation (rates)" shall be replaced with words "in the procedure established by the Government of the Russian Federation with the executive bodies or local government bodies performing price regulation (rates) in accordance with the legislation of the Russian Federation in the field of price regulation (rates)";

e) ceased to be valid according to the Federal Law of the Russian Federation of 03.07.2016 No. 275-FZ

4) Article 13:

a) ceased to be valid according to the Federal Law of the Russian Federation of 03.07.2016 No. 275-FZ

b) ceased to be valid according to the Federal Law of the Russian Federation of 03.07.2016 No. 275-FZ

5) ceased to be valid according to the Federal Law of the Russian Federation of 03.07.2016 No. 275-FZ

b) add with part 6 of the following content:

"6. If subject of the concessionary agreement is the property specified regarding 1.2 articles 10 of this Federal Law, establishment, change, adjustment of regulated prices (rates) on the goods made and realized by the concessionary, the rendered services are performed by the rules existing at the time of the conclusion of such concessionary agreement and provided by the Federal Laws, other regulatory legal acts of the Russian Federation, the laws of subjects of the Russian Federation, other regulatory legal acts of subjects of the Russian Federation, legal acts of local government bodies.";

c) add with part 7 of the following content:

"7. By agreement of the parties the concessionary agreement and in coordination with the executive body or local government body performing price regulation (rates) in accordance with the legislation of the Russian Federation in the field of price regulation (rates) establishment, change, adjustment of regulated prices (rates) for the goods made and realized by the concessionary, the rendered services are performed to end of validity of the concessionary agreement by the rules existing at the time of respectively establishment, change, price adjustment (rates) and provided by the Federal Laws, other regulatory legal acts of the Russian Federation, the laws of subjects of the Russian Federation, other regulatory legal acts of subjects of the Russian Federation, legal acts of local government bodies. The procedure for the specified approval and its criteria are determined by regulatory legal acts of the Russian Federation in the field of heat supply, in the field of water supply and water disposal.";

6) in Article 21:

a) to add part 2 after words of "safety of the state" with words ", except as specified, stipulated by the legislation the Russian Federation in the field of water supply and water disposal";

b) state part 3 in the following edition:

"3. When holding open tender information and protocols of tender committee provided by Articles 24 - 26, 28, 29, 31, 33 - 35 presents of the Federal Law, are subject to placement on the official site of the Russian Federation on the Internet for placement of information on tendering - www.torgi.gov.ru, and also on the official site of the concedent on the Internet or in case of absence at the municipality of the official site on the Internet on the official site of the subject of the Russian Federation in which borders such municipality is located, on the Internet (further - placement on the official site in Internet network). Information on holding open tender shall be available to acquaintance to any persons without collection of payment.";

c) recognize part 4 invalid;

7) in Article 22:

a) to add part 2.1 after the word "approved" with the words "in the procedure established by the Government of the Russian Federation";

b) ceased to be valid according to the Federal Law of the Russian Federation of 03.07.2016 No. 275-FZ

c) ceased to be valid according to the Federal Law of the Russian Federation of 03.07.2016 No. 275-FZ

8) in Article 23:

a) in part 1:

state item 4 in the following edition:

"4) criteria of tender and parameters of criteria of tender established according to parts 2.2, 3 and 4 of article 24 of this Federal Law;";

state Item 11 in the following edition:

"11) instruction on methods of ensuring obligation fulfillment with the concessionary for the concessionary agreement and if subject of the concessionary agreement is the property specified regarding 1.2 articles 10 of this Federal Law, the requirement about provision by the winner of tender for the purpose of ensuring obligation fulfillment according to the concessionary agreement of the irrevocable bank guarantee according to the requirements established by parts 4 and 4.1 of article 10 of this Federal Law, but at least in the size determined by the tender documentation;";

b) add with part 1.2 following of content:

"1.2. If subject of the concessionary agreement is the property specified regarding 1.2 articles 10 of this Federal Law also join in the tender documentation:

1) minimum admissible planned measure values of activities of the concessionary and long-term parameters of regulation of activities of the concessionary according to part 1.4 of this Article;

2) the draft of the concessionary agreement and the task created according to part 2.4 of article 22 of this Federal Law;

3) the requirement about specifying by participants of tender as a part of the competitive offer of the main actions providing achievement of the purposes provided by task and minimum admissible planned measure values of activities of the concessionary with the description of the main characteristics of such actions;

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