On State Support For Small Business In The Russian Federation

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

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102036012

Lost force since January 1, 2008 year-federal law from 24.07.2007 N 209-FZ RUSSIAN FEDERATION FEDERAL LAW on State support of small entrepreneurship in the Russian Federation adopted by the State Duma May 12, 1995 onwards (as amended by the federal laws from 21.03.2002 N 31-FZ;
from 22/08/2004, no. 122-FZ; from 2/2/2006 N 19-FZ) this federal law aimed at the realization of the constitutional rights of citizens of the Russian Federation on the free use of their abilities and property for entrepreneurial or other economic activity not prohibited by law. This federal law determines General provisions in the field of State support and development of small entrepreneurship in the Russian Federation, shall establish the forms and methods of State incentives and regulation of small businesses.
This federal law shall be valid throughout the territory of the Russian Federation in respect of all small businesses regardless of the subject and the purpose of their activities, organizational-legal forms and forms of ownership.
Article 1. The legislation of the Russian Federation on State support for small business 1. The State support of small entrepreneurship in the Russian Federation shall be exercised in accordance with this federal law, issued in accordance with it in other federal laws, decrees of the President of the Russian Federation, decisions of the Government of the Russian Federation, as well as the laws and other normative legal acts of the constituent entities of the Russian Federation.
2. If an international treaty of the Russian Federation stipulates other rules than those stipulated by this federal law, the rules of the international treaty shall apply.
Article 2. (Repealed-Federal Act of 22/08/2004, no. 122-FZ), Article 3. The subjects of small entrepreneurship 1. Under the small business entities refers to commercial organizations, whose authorized capital the share of participation of the Russian Federation, constituent entities of the Russian Federation, public and religious organizations (associations), charitable and other funds does not exceed 25 per cent share owned by one or more legal entities who are not subjects of small business does not exceed 25 per cent of the average number of employees during the reporting period does not exceed the following limits (small business) : 100 persons in industry;
in construction-100 people;
transport-100 people;
in agriculture, 60 people;
in science and technology-60 seats;
wholesale-50 persons;
in the retail trade and consumer services of the population-30 people;
in other industries and other activities-50 people.
Under the small business entities is understood to mean individuals carrying out business activity without establishment of legal entity.
Small enterprises engaged in several activities (multidisciplinary), refer to the criteria of the activity, which is the largest in the annual volume of turnover or annual amounts of profit.
2. during the period under review, the Average number of employees of a small enterprise is defined taking into account all its workers, including those working on agreements civil legislation and taking into account the real time, as well as employees of representative offices, branches and other separate subdivisions of the specified entity.
3. In case of exceeding of a small business established in this article number of the specified company is deprived of benefits under applicable law, for the period during which eligible specified excess, and for the next three months.
Article 4. The State registration of subjects of small business small business Entity from the time of application established by the Government of the Russian Federation the sample registers and gets an appropriate status in the Executive Branch, authorized by applicable law.
The constituent entities of the Russian Federation and bodies of local self-government shall not have the right to establish additional conditions for the registration of small businesses compared with the conditions established by laws and other normative legal acts of the Russian Federation.
Evasion of the State registration of subjects of small entrepreneurship or unreasonable refusal in State registration can be appealed in the Court in the prescribed manner. (As amended by the Federal law of March 21, N 31-FZ)
(Part four excluded federal law N March 31-FZ), Article 5. Reporting by small enterprises of State statistical and accounting small businesses appear to be approved by the Government of the Russian Federation, which provides for simplified procedures and reporting forms, containing mainly the information necessary to resolve taxation issues.
Article 6. The State support of small business 1. The State support of small business is carried out in the following areas: formation of infrastructure of support and development of small business;
creating favourable conditions for the use of small business entities of public financial, logistic and information resources, as well as scientific and technical developments and technologies;
establish a simplified registration procedure for small businesses, licensing their activity, certification of their products, the presentation of official statistics and accounting;
support of foreign economic activity of the small entrepreneurship subjects, including the promotion of their trade, scientific, technological, industrial, information, relations with foreign States;
training, retraining and upgrading of skills for small businesses.
2. Federal bodies of executive power within the limits of their authority in carrying out policies on State support of small business: develop proposals on perfection of legislation of the Russian Federation in the field of the State support of small entrepreneurship;
analyze the State of small business and the effective application of measures on his public support, prepare forecasts of development of small entrepreneurship and suggestions for priority areas and forms of State support, are the proposals to the Government of the Russian Federation;
organize the development and implementation of a federal programme of State support of small entrepreneurship, ensure participation of small businesses in the implementation of government programmes and projects, as well as in the supply of products and implementation of works (services) for federal purposes;
preparing proposals on the establishment for small businesses tax incentives and other benefits, as well as on the use of federal funds and specialized non-budgetary funds of the Russian Federation to support small businesses;
assist the executive bodies of subjects of the Russian Federation in the development and implementation of measures to support small businesses;
coordinate federal specialized organizations with State participation, implementing support for small business.
Article 7. State small business support program 1. The State support of small business is carried out in accordance with the federal programme of State support of small entrepreneurship, regional (interregional), industry (cross-sectoral) and municipal development programmes and support of small business, developed respectively by the Government of the Russian Federation, bodies of executive power of the constituent entities of the Russian Federation and bodies of local self-government.
The Government of the Russian Federation prior to the submission of annual federal budget introduced the Federal Assembly of the Russian Federation draft federal programme of State support of small entrepreneurship.
In the annual federal budget provision for its implementation.
2. State and municipal programmes to support small enterprises include the following main elements: measures for infrastructure development and support of small business at the Federal, regional and local levels;
perspective directions of development of small entrepreneurship and priority activities of small businesses;
measures taken to implement the main directions and forms of support for small business development;

measures to engage in entrepreneurial activities socially not protected layers of population, including persons with disabilities, women, youth, the retired (retired) military personnel, unemployed persons, refugees and internally displaced persons returning from places of detention;
proposals for establishing tax benefits and annual funds from the respective budgets to support small businesses;
measures to ensure the transfer of small business subjects the results of research, development and technological works, as well as innovative programs;
measures to ensure the transfer of small business subjects not completed construction and empty objects, as well as inefficient and loss-making enterprises on preferential terms;
measures to ensure small business subjects possibilities for immediate foreclosure of real estate they rented, taking into account the funds invested in the specified objects.
State programmes for SME support are developed in the order established by current legislation, and must be correlated with state programs to promote employment, implementing migration policies, solutions to environmental problems and emergencies.
3. financial support to State and municipal programmes for SME support is conducted annually from the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets, as well as from other sources, provided by part one of article 8 hereof.
The amount of required funds each year indicated in the expenses of the federal budget as a separate line on the proposal of the Government of the Russian Federation.
Funding for these programs at the expense of the budgets of the constituent entities of the Russian Federation and local budgets indicate the expenditure sections in the respective budgets separately on presentation of the executive authorities of the constituent entities of the Russian Federation and bodies of local self-government.
4. The enterprise, institution or organization, irrespective of the legal form and form of ownership, public associations have the right to develop and implement programmes to support small business, create funds for small business support, as well as to make proposals to the executive authorities and bodies of local self-government for the inclusion of individual projects and activities in State and municipal support programme of small entrepreneurship.
5. the Government of the Russian Federation State Duma annually a report on the status and development of small entrepreneurship in the Russian Federation and its State support measures, including a report on the use of funds from the federal budget for the State support of small entrepreneurship.
Article 8. (Repealed-Federal Act of 22/08/2004, no. 122-FZ) Article 9. (Repealed-Federal Act of 22/08/2004, no. 122-FZ), Article 10. (Repealed-Federal Act of 22/08/2004, no. 122-FZ), Article 11. Preferential crediting of the small entrepreneurship subjects 1. Lending to small businesses is carried out on a concessional basis compensation corresponding to credit institutions at the expense of margin funds of support of small business. While credit organizations crediting of small business on preferential terms, benefits in the manner prescribed by the legislation of the Russian Federation and laws of constituent entities of the Russian Federation.
2. Funds of support of small business is entitled to offset the credit organizations fully or partially their foregone earnings when lending to small businesses on favourable terms.
Size, the procedure and conditions for compensation are established by contract between the credit institution and the relevant Fund of support of small business.
Article 12. Mutual lending small businesses 1. Mutual lending small businesses created for storing temporarily free funds of participants specified societies with a view to providing them with financial assistance.
2. Mutual crediting of small business: the right not to post the required reserves at the Central Bank of the Russian Federation;
may entrust the management of their own resources to the depositary bank or other credit institution;
determine the size, frequency and how to make deposits (contributions) by these societies, as well as the limits, terms and conditions of financial assistance;
may not provide funds to individuals and legal entities, which are not parties to these societies.
Article 13. Small business insurance small business Insurance is carried out on a concessional basis. While insurance companies engaged in insurance small businesses enjoy the benefits in the manner prescribed by the legislation in force.
Funds of support of small business has the right to compensate the insurance companies fully or partially their foregone revenues concessional insurance small businesses.
Size, the procedure and conditions for compensation are established by agreement between the insurance undertaking and the relevant Fund of support of small business.
Article 14. (Repealed-Federal Act of 2/2/2006 N 19-FZ) Article 15. (Repealed-Federal Act of 22/08/2004, no. 122-FZ) Article 16. Support for small businesses in the field of information 1. Federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation and bodies of local self-government shall develop and implement measures to establish appropriate information infrastructure in order to obtain small business entities of economic, legal, statistical, industrial-technological and other information needed for effective development and to exchange this information between them.
2. Information Services for small businesses is carried out on preferential terms stipulated by the current legislation. In doing so, enterprises, institutions and organizations providing information services to the small business subjects enjoy benefits in the manner prescribed by the legislation in force.
3. the funds of support of small business may compensate for the small business subjects wholly or partially the costs associated with the information services of their activities.
4. Size the procedure and conditions for compensation are established by agreement between the subject of small business and small business support fund concerned.
Article 17. Technological support for small businesses 1. Federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation and bodies of local self-government shall develop and implement a set of measures to promote small businesses in providing modern equipment and technology, establish a network of technoparks, leasing firms, business incubators, technology centres and other infrastructure created to support small businesses.
2. Federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation and bodies of local self-government implement measures on placing orders for production and delivery of specialized equipment and other products for small businesses, contribute to the establishment and operation of small businesses, specialized wholesale markets, fairs products small business entities, including through the provision of buildings, constructions, equipment, production and office facilities other property of the State or municipal property.
3. Technological support for small businesses can be on concessional terms. In doing so, enterprises, institutions and organizations engaged in production and technological support to small businesses, benefits in the manner prescribed by the legislation in force.
Article 18. Support for small businesses in the area of training, retraining and improvement of professional skill of the staff

Federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation and bodies of local self-government shall ensure the development of the system of training, retraining and upgrading of skills for small business. Agencies and organizations engaged in training, retraining and advanced training for small business benefits in the manner prescribed by the legislation in force.
Article 19. Unions (associations) of the small entrepreneurship subjects 1. Federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation and bodies of local self-government, provide support in the Organization and functioning of unions (associations) of the small entrepreneurship subjects created in accordance with the established procedure as voluntary associations in order to ensure the most favourable conditions for the development of small enterprise development, fair competition, improve the responsibility and competence of small businesses, collective protection of their interests in State authorities.
2. State support of unions (associations) of the small entrepreneurship subjects carried out by helping to ensure their premises on concessionary terms and communications necessary for the activities of these unions (associations), and their enterprises, institutions and organizations, as well as for institutional or public events, attracting representatives of unions (associations) of small businesses in the preparation of draft laws and other regulatory legal acts, socio-economic development programmes of the entities of the Russian Federation , providing opportunities for the use of the mass media to promote ideas of small business.
3. In order to improve the system of State support for small entrepreneurship, coordination of unions (associations) of the small entrepreneurship subjects from among the representatives of public authorities, unions (associations) of the small entrepreneurship subjects, public associations of entrepreneurs to executive power bodies of the Russian Federation, bodies of executive power of the constituent entities of the Russian Federation and bodies of local self-government councils may be established for small enterprise development, the functions and powers of which are determined by the relevant executive authorities and bodies of local self-government.
Article 20. Non-profit associations of small businesses in order to resolve joint tasks related to the development and activities of small businesses, the latter may form non-profit associations, which are entitled to perform production and other entrepreneurial activity only to carry out their statutory tasks.
Article 21. Bringing of normative legal acts in accordance with this federal law normative acts of the President of the Russian Federation, the Government of the Russian Federation, departmental normative legal acts of the bodies of State power of the constituent entities of the Russian Federation and bodies of local self-administration shall be harmonized with this federal law within two months from the date of its entry into force.
Article 22. (Repealed-Federal Act of 22/08/2004, no. 122-FZ), Article 23. The entry into force of this federal law this federal law shall enter into force on the day of its official publication.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow, N June 14, 1995 88-FZ