FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 3, 2016 No. 275-FZ

About introduction of amendments to the Federal law "About Concessionary Agreements"

Accepted by the State Duma on June 22, 2016

Approved by the Federation Council on June 29, 2016

Article 1

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. 1, Art. 11; No. 45, Art. 6208; No. 48, Art. 6724; 2016, No. 1, Art. 11, 80) following changes:

1) in Article 3:

a) add with part 1.1 following of content:

"1.1. If subject of the concessionary agreement is the property, stipulated in Item 11 parts 1 of article 4 of this Federal Law, preparation, the conclusion, execution, change and the termination of concessionary agreements are performed taking into account the features established by Chapter 4 of this Federal Law.";

b) regarding 4 words "Items 1 and 11" shall be replaced with words "Item 1";

c) recognize part 13.1 invalid;

2) in Article 4:

a) in part 1:

in Item 10 of the word "and thermal" to exclude;

state Item 11 in the following edition:

"11) heat supply objects, centralized systems of hot water supply, cold water supply and (or) water disposal, separate objects of such systems;";

add with Items 17 - 20 following contents:

"17) objects on which processing, accumulating, utilization, neutralization, placement of solid utility waste are performed;

18) the objects of utility infrastructure or objects of municipal services which are not specified in Items 10, to the 11 and 17 this part including the power supply facilities, objects intended for illumination of the territories of residential and rural locations, the objects intended for improvement of the territories;

19) objects of social servicing of citizens;

20) gas supply facilities.";

b) in part 3 after words of "Article 37" to add with the words "and Article 52", the fifth offer to exclude;

c) in part 5 of the word", except as specified, if subjects of the concessionary agreement are objects of heat supply, centralized systems of hot water supply, cold water supply and (or) water disposal, separate objects of such systems and 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)" to exclude;

d) add with part 6 of the following content:

"6. The federal executive bodies authorized by the Government of the Russian Federation perform monitoring of the conclusion and implementation of the signed concessionary agreements, including regarding observance by the parties of the concessionary agreement of the undertaken obligations on achievement of the target indicators containing in the concessionary agreement, terms of their realization, amount of the involved investments and other essential conditions of the concessionary agreement. The procedure for carrying out the specified monitoring affirms the Government of the Russian Federation.";

3) in Article 5:

a) regarding 1.1 words "Items 1 and 11" shall be replaced with words "Items 1, 11 and 17 - 20";

b) regarding 1.2 words "Item 1" shall be replaced with words "Items 1, 11 and 17 - 20";

4) part 1.1 of Article 7 to recognize invalid;

5) in Article 10:

a) to add Item 5 of part 1 with words ", the amount of the rent (rent rate) for use of the parcel of land or the parcels of land during effective period of the concessionary agreement or formula of calculation of the amount of the rent (rent rate) for use of the parcel of land or the parcels of land proceeding from the obligatory payments established by the legislation of the Russian Federation and connected with right of possession and uses of the concedent of the parcel of land during effective period of the concessionary agreement";

b) recognize parts 1.2 and 1.3 invalid;

c) in part 2:

in paragraph one of the word "and 1.2 these Articles" shall be replaced with words "this Article and article 42 of this Federal Law";

add with Item 17 of the following content:

"17) obligations of the concessionary on expense recovery of the concedent for the organization of tender for the right of the conclusion of the concessionary agreement and preparation of the tender documentation.";

d) recognize part 4.1 invalid;

6) in Article 13:

a) regarding 3 words "Article 38" shall be replaced with words "Article 54";

b) recognize parts 3.2 and 3.3 invalid;

7) parts 5 - the 7th Article 20 to recognize invalid;

8) in Article 22:

a) in Item of 1 part "Article 10" shall be replaced with words 2 words "Articles 10 and 42";

b) recognize parts 2.3 and 2.4 invalid;

9) in Article 23:

a) in part 1:

in Item 11 of the word "the property specified regarding 1.2 articles 10 of this Federal Law is" shall be replaced with words "heat supply objects, centralized systems of hot water supply, cold water supply and (or) water disposal, separate objects of such systems are", "parts 4 and 4.1 of Article 10" shall be replaced with words words "part 4 of Article 42";

in Item 13 of the word "part 1.1 of Article 7" shall be replaced with words "part 1 of Article 41";

b) state part 1.2 in the following edition:

"1.2. If subject of the concessionary agreement are heat supply objects, centralized systems of hot water supply, cold water supply and (or) water disposal, separate objects of such systems, the tender documentation also joins data and parameters, stipulated in Article the 45th this Federal Law.";

c) parts 1.3 - 1.6 and 7 to recognize invalid;

10) in Article 24:

a) in paragraph one of part 2 of the word "the property specified regarding 1.2 articles 10 of this Federal Law is" shall be replaced with words "heat supply objects, centralized systems of hot water supply, cold water supply and (or) water disposal, separate objects of such systems are";

b) state part 2.3 in the following edition:

"2.3. If subject of the concessionary agreement is the property specified in Item 11 of part 1 of article 4 of this Federal Law, criteria of tender are established by article 47 of this Federal Law.";

c) recognize part 2.4 invalid;

d) regarding 4 words of "part 2.3 of this Article" shall be replaced with words to "article 47 of this Federal Law";

e) to add part 6 after the words "not provided by this Article" with the words "or article 47 of this Federal Law";

Part 2 of Article 28 to add 11) with words ", including video and photofixing of contents of bids", to add with the offer of the following content: "Information which is provided as a part of the bid on the right of the conclusion of the concessionary agreement on the objects specified in Item 11 of part 1 of article 4 of this Federal Law cannot be acknowledged as the organizations - participants of such tender by trade secret.";

Shall be replaced with words 12) in part 5 of Article 30 of the word "the property specified regarding 1.2 articles 10 of this Federal Law in the competitive offer for each criterion of tender is value of the tender of condition offered by the participant in the form of numerical value for every year of effective period of the concessionary agreement is specified" "heat supply objects, centralized systems of hot water supply, cold water supply and (or) water disposal are, separate objects of such systems, submission of competitive offers is performed taking into account requirements of article 48 of this Federal Law";

13) in Article 31:

a) add part 1 with the offer of the following content: "When opening envelopes with competitive offers according to the criteria of tender provided by part 1 of article 47 of this Federal Law, tender committee values of the conditions containing in competitive offers according to such criteria of tender are disclosed, and such values are entered in minutes of opening of envelopes with competitive offers.";

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