On State Support For Small Business In The Russian Federation

Original Language Title: О государственной поддержке малого предпринимательства в Российской Федерации

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Spspent force on 1 January 2008 -Federal Law of 24.07.2007 N 209-FZ RUSSIAN FEDERATION FEDERAL LAW On State Support for Small Business In the Russian Federation Adopted by the State Duma 12 May 1995 (In the wording of federal laws of 21.03.2002) N 31-FZ; of 22.08.2004 N 122-FZ; of 02.02.2006 N 19-FZ This Federal Law is intended to give effect to the right of citizens to free use of their abilities and property, as established by the Constitution of the Russian Federation Business and other economic activities not prohibited by law. This Federal Law defines the general provisions in the field of State support and development of small business in the Russian Federation, establishes the forms and methods of state stimulation and regulation of the activity of the subjects small business. This Federal Law applies throughout the territory of the Russian Federation to all small business entities, irrespective of the object and purpose of their activities, organizational and legal forms and forms of ownership. Article 1. The legislation of the Russian Federation on state support for small entrepreneurship 1. State support for small business in the Russian Federation is carried out in accordance with this Federal Law, issued in accordance with it by other federal laws, decrees of the President of the Russian Federation, OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. If an international treaty to which the Russian Federation is a party establishes rules other than those established by this Federal Act, the rules of the international treaty shall apply. Article 2.(Spconsumed by force-Federal Law of 22.08.2004) N 122-FZ) Article 3. Small business entities 1. Small business entities are defined as commercial organizations, in the charter capital of which the share of the participation of the Russian Federation, the constituent entities of the Russian Federation, public and religious organizations (associations), charitable and other organizations. The funds do not exceed 25 per cent, the share of one or more legal entities other than small business entities does not exceed 25 per cent, in which the average number of employees during the reporting period does not exceed the following limits (small enterprises): in industry-100 people; in construction-100 people; in transport-100 people; in agriculture-60 people; in the scientific and technical sphere-60; in wholesale trade -50 people; in retail and domestic people-30; in the rest of the industry and other activities { \cs6\f1\cf6\lang1024 } 50 { \cs6\f1\cf6\lang1024 } . Small business entities are also understood to be natural persons engaged in entrepreneurial activities without the entity of a legal entity. Small enterprises carrying out several types of activities (multi-skilled) refer to them according to the criteria of the activity whose share is the highest annual turnover or annual profit. 2. The average number of employees in a small business during the reporting period is determined by all of its employees, including civil and part-time contracts, taking into account the actual hours worked, and Representatives of missions, branches and other separate units of the designated entity. 3. In the event that a small enterprise exceeds the limit established by this article, the enterprise shall be deprived of the benefits provided for by the legislation in force for the period in which the excess is exceeded and for the following three years. of the month. Article 4. State registration of entities small business Subject of small business from the moment of application of the application established by the Government of the Russian Federation shall be registered and received Relevant status in executive bodies authorized by the legislation in force. Subjects of the Russian Federation and local self-government bodies are not entitled to establish additional conditions for registering small business entities in comparison with the conditions established by laws and other regulatory frameworks. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Admissal from State registration of small business entities or unjustified refusal of state registration can be appealed to the court in accordance with the established procedure. (In the wording of Federal Law 21.03.2002) N 31-FZ) (Part Four is excluded-Federal Law of 21/03/2002. N 31-FZ) Article 5. The procedure for reporting by small enterprises State statistical and accounting records of small enterprises is presented in the procedure adopted by the Government of the Russian Federation. Simplified procedures and reporting forms, which contain mainly the information needed to address taxation issues. Article 6. State support for small enterprise 1. State support for small businesses is carried out in the following areas: development of support infrastructure and small business development; creation of preferential terms of use by actors of small businesses in the state financial, logistics and information resources, as well as scientific and technological developments and technologies; establishing simplified procedures for registering small businesses, Licensing of their Activities, Certification and Production, presentation of public statistical and accounting records; support for foreign economic activities of small business entities, including the promotion of their trade, scientific and technical, Production, information links with foreign countries; organization of training, retraining and advanced training for small enterprises. 2. The federal executive authorities, within the limits of their power to conduct policies aimed at state support for small business: develop proposals to improve the legislation of the Russian Federation The Federation in the area of State support for small business; conducts an analysis of the state of small entrepreneurship and the effectiveness of the application of measures for its state support, prepare the forecasts for the development of the [ [ matologist]] and proposals on the priority areas of the forms of its state support, submit these proposals to the Government of the Russian Federation; organize the development and implementation of the federal program of state support for small business, provide Participation of small business entities in the implementation of government programs and projects, as well as in the supply of products and the performance of work (services) for federal needs; prepare proposals for the establishment of the principal Tax and other benefits, as well as on The use of funds from the federal budget and the specialized extrabudgetary funds of the Russian Federation to support small businesses; provide assistance to the executive authorities of the constituent entities of the Russian Federation The development and implementation of small business support measures; coordinates the activities of federal specialized organizations with State participation supporting small businesses. Article 7. State support programs small business 1. State support for small business is carried out in accordance with the Federal Programme of State Support for Small Business, Regional (Interregional), Sectoral (Intersectoral) and Municipal Programs OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Government of the Russian Federation submits to the Federal Assembly of the Russian Federation a draft federal programme of state support for small businesses every year prior to the submission of the federal budget. The federal budget provides for an annual allocation for its implementation. 2. State and municipal small business support programmes include the following basic provisions: measures to develop infrastructure for development and support of small businesses at the federal, regional and regional levels local levels; small business perspective and priority activities of small business entities; measures taken to implement key areas and form development small business support; measures for Involved in entrepreneurial activities by socially excluded segments of the population, including persons with disabilities, women, young people dismissed (resigning), the unemployed, the unemployed, refugees and internally displaced persons, returnees conclusion; proposals to establish tax incentives and allocate funds annually from the relevant budgets to support small businesses; measures to ensure the transfer of small business entities research, development and of technological works and innovative programmes; measures to ensure that small business entities are not completed by construction and empty facilities, but also unprofitable and loss-making enterprises on concessional terms Conditions; measures to provide small business entities with the opportunity to purchase the properties of the real estate in order to take account of the funds invested in those facilities. State programmes to support small businesses are developed in accordance with the procedure established by the legislation in force and should be related to public employment promotion programmes, of the Convention on the Rights of the 3. The financial support of the state and municipal programs of support of small businesses is carried out annually at the expense of the federal budget, the funds of the budgets of the constituent entities of the Russian Federation and the funds of local budgets, as well as at the expense of the funds. Other sources provided for in article 8, paragraph 1, of this Federal Act. The amount of the required annual funding is specified in the expenditure part of the federal budget by a separate line at the submission of the Government of the Russian Federation. The amount of funding for the said programmes from the budgets of the constituent entities of the Russian Federation and the local budgets is indicated in the expenditure part of the respective budgets by a separate line on the submission of executive bodies. The authorities of the constituent entities of the Russian Federation and the local authorities. 4. Enterprises, institutions, organizations regardless of their organizational and legal form and form of ownership, voluntary associations have the right to independently develop and implement small business support programs and create support funds of small businesses, as well as to make proposals to the executive authorities and local authorities about the inclusion of separate projects and activities in state and municipal programs of support of small business. 5. The Government of the Russian Federation annually submits to the State Duma a report on the state and development of small business in the Russian Federation and measures for its state support, including a report on the use of federal funds. The budget for the State support of small businesses. Article 8. (Spconsumed by Federal Law of 22.08.2004) N 122-FZ) Article 9. (Spconsumed by Federal Law of 22.08.2004) N 122-FZ) Article 10. (Spconsumed by Federal Law of 22.08.2004) N 122-FZ) Article 11. Privilege lending to small businesses 1. Loans of small business entities are granted on preferential terms with compensation of the respective differences of credit institutions with funds from support of small business. At the same time, credit organizations providing loans to small business entities on preferential terms enjoy benefits in accordance with the procedure established by the legislation of the Russian Federation and the legislation of the subjects of the Russian Federation. 2. Funds in support of small businesses are entitled to compensate credit organizations for wholly or partially underearned income when lending to small business entities on preferential terms. The size, order and conditions of compensation are established by the agreement between the credit institution and the appropriate small business support fund. Article 12. Small Business Actors 1. Mutual credit associations of small businesses are created to accumulate temporary cash funds of participants of these societies in order to provide them with financial assistance. 2. Society for the Mutual Credit of Small Business Actors: may not place mandatory reserves in the Central Bank of the Russian Federation; can entrust the management of its own resources to the depositary bank, or other credit organizations; determine the size, frequency and order of contributions (contributions) by participants in these societies, as well as the limits, terms and conditions of financial assistance provided to them; is not entitled to provide funds for individuals and entities not in the are members of these societies. Article 13. Insurance of small business entities Entrepreneurship Insurance of small business entities is implemented on preferential terms. At the same time, insurance organizations providing insurance of small business entities enjoy benefits in accordance with the procedure established by the current legislation. Small business support funds are entitled to compensate insurance organizations for wholly or partially received income from insurance on preferential terms of small business entities. The size, order and conditions of compensation are established by the agreement between the insurance organization and the appropriate small business support fund. Article 14. (Spconsumed by the Federal Law of 02.02.2006) N 19-FZ) Article 15. (Spconsumed by Federal Law of 22.08.2004) N 122-FZ) Article 16. Support for small businesses in the information sphere 1. The federal executive authorities, the executive authorities of the constituent entities of the Russian Federation and the local authorities shall develop and implement measures to establish an appropriate information infrastructure for the purpose of obtaining small business entities of the economic, legal, statistical, production and technological and other information necessary for their effective development and for the exchange of information between them. 2. The provision of information services to small business entities is carried out on the preferential terms provided for by the legislation in force. At the same time, enterprises, institutions and organizations providing information services to small business entities enjoy the benefits in accordance with the procedure established by the legislation in force. 3. The Small Business Support Funds are entitled to fully or partially expenses related to the information services provided to small business entities. 4. The size, order and conditions of compensation are established by the agreement between the small business entity and the corresponding small business support fund. Article 17. Productive and technological support for the small business entities 1. The federal executive authorities, the executive authorities of the constituent entities of the Russian Federation and the local authorities are developing and implementing a set of measures to promote small business entities. modern equipment and technologies, in the creation of a network of technoparks, leasing firms, business incubators, production and technological centers and other infrastructure facilities created to support small business entities. 2. The federal executive authorities, the executive authorities of the constituent entities of the Russian Federation and the local self-government bodies implement measures to place orders for the production and supply of specialized equipment and other types of equipment. of small entrepreneurship entities, contribute to the creation and organization of small business entities, specialized wholesale markets and fairs of products of small business entities, including through Provision of facilities, facilities, equipment, production and Office premises, other property owned by the State or municipal property. 3. Productive and technological support for small business entities can be provided on preferential terms. At the same time, enterprises, institutions and organizations that carry out the production and technological support of small business entities enjoy the benefits in accordance with the procedure established by the legislation in force. Article 18. Support of small business entities in the field of training, retraining and raising qualification of personnel Federal executive authorities, executive authorities of subjects of the Russian Federation The Federation and local governments ensure the development of a system of training, retraining and advanced training for small businesses. The institutions and organizations providing training, retraining and advanced training for small businesses benefit from the benefits in accordance with the procedure established by the legislation in force. Article 19. Union (Associations) of Small Entrepreneurship 1. The federal executive authorities, the executive bodies of the constituent entities of the Russian Federation and the local self-government bodies provide support for the organization and operation of associations (associations) of small business entities, established as public associations, in order to ensure the most favourable conditions for the development of small business, fair competition, increasing the responsibility and competence of the subjects of the matologist of Entrepreneurship and the Collective Protection of Their Interests in the State authority. 2. State support for unions (associations) of small businesses is facilitated by providing them with facilities and communications necessary for the activities of these unions (associations) and enterprises, institutions and organizations, as well as organizing or public events, and involving representatives of small business entities (associations) in the preparation of draft laws and other regulatory bodies legal instruments, social and economic development programmes of entities OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. In order to improve the system of state support for small business, coordination of activities of unions (associations) of small business entities from among the representatives of state authorities, unions (associations) The bodies of small businesses, public associations of entrepreneurs under the executive authorities of the Russian Federation, the executive authorities of the constituent entities of the Russian Federation and bodies of local self-government may create councils. Small Business Development, Functions and Powers by the relevant bodies of the executive branch and the local authorities. Article 20. Non-commercial associations of entities small business In order to address joint challenges related to the development and activities of small business entities, the latter may establish non-profit organizations. Associations that are entitled to carry out business and other business activities only in order to fulfil their statutory tasks. Article 21. Regulations of the President of the Russian Federation, Government of the Russian Federation, departmental regulations The State authorities of the constituent entities of the Russian Federation and the local self-government bodies shall be brought into conformity with this Federal Law within two months from the date of its entry into force. Article 22. (Spconsumed by Federal Law of 22.08.2004) N 122-FZ) Article 23. Entry into force of the present Federal Law This Federal Law shall enter into force on the date of its official publication. President of the Russian Federation Yeltsin Moscow, Kremlin 14 June 1995 N 88-FZ