On Amendments And Additions To The Federal Act "on Investment Activity In The Russian Federation Carried Out In The Form Of Capital Investment"

Original Language Title: О внесении изменений и дополнений в Федеральный закон "Об инвестиционной деятельности в Российской Федерации, осуществляемой в форме капитальных вложений"

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102063847

RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to the Federal Act "on investment activity in the Russian Federation carried out in the form of capital investment" adopted by the State Duma of the year December 1, 1999 approved by the Federation Council December 22, 1999 year Article 1. To amend the Federal law from February 25, 1999 N 39-FZ "on investment activity in the Russian Federation carried out in the form of capital investments" (collection of laws of the Russian Federation, 1999, N 9, art. 1096) the following changes and additions: article 1 supplement paragraphs read as follows: "priority investment project-investment project, the total volume of capital investments which complies with the requirements of the legislation of the Russian Federation, included in the list approved by the Government of the Russian Federation;
payback period of investment project-term from the date of the beginning of financing investment project until the day when the difference between the accumulated sum of net profit with amortization deductions and the amount of investment costs becomes a positive value;
the total tax burden is calculated the total amount of money to be paid in the form of customs duties (except special kinds of duties resulting from the application of measures to protect the economic interests of the Russian Federation in the implementation of the external trade in goods in accordance with the legislation of the Russian Federation), federal taxes (excluding excise duties, value added tax on goods produced in the territory of the Russian Federation) and contributions to the State budget funds (except for the contributions to the Pension Fund of the Russian Federation) Investor carrying out the investment project on the first day of the financing of the investment project. ";
Article 2 Supplement part 2 to read as follows: "the present Federal law does not apply to relationships involving investments investments in banks and other credit organizations, as well as insurance companies, which are regulated by the legislation of the Russian Federation, respectively, on banks and banking and insurance legislation of the Russian Federation.";
Article 15 shall be amended as follows: ' article 15. The State guarantees the rights of subjects of investment activities 1. State in accordance with this federal law, other federal laws and other regulatory legal acts of the Russian Federation and laws of constituent entities of the Russian Federation and other normative legal acts of the constituent entities of the Russian Federation guarantees all entities involved in investment activities, irrespective of their form of ownership: equal rights when conducting investment activities;
transparency in the discussion of investment projects;
the right of appeal to the courts against the decisions and actions (inactivity) of State bodies, local self-government bodies and their officials;
protection of capital investments.
2. in the event that new federal laws and other regulatory legal acts of the Russian Federation, altering the dimensions of import customs duties (except special kinds of duties resulting from the application of measures to protect the economic interests of the Russian Federation in the implementation of the external trade in goods in accordance with the legislation of the Russian Federation), federal taxes (excluding excise duties, value added tax on goods produced in the territory of the Russian Federation) and contributions to the State budget funds (except for the contributions to the Pension Fund of the Russian Federation) or shall be entered in the applicable federal laws and other regulatory legal acts of the Russian Federation changes and additions that result in an increase in the total tax burden on activity of investor for realization of priority investment project on the territory of the Russian Federation or establish a regime of prohibitions and restrictions with regard to the implementation of capital investment in the territory of the Russian Federation in comparison with the total tax burden, and, acting in accordance with the federal laws and other regulatory legal acts of the Russian Federation on the date of the beginning of the funding priority investment project , these new federal laws and other regulatory legal acts of the Russian Federation, as well as changes and additions made to the applicable federal laws and other regulatory legal acts of the Russian Federation shall not apply during the periods referred to in paragraph 3 of this article in respect of an investor, carrying out priority investment project, provided that the goods imported to the customs territory of the Russian Federation by the investor, are used for the purpose of realization of priority investment project.

3. Stability for investor implementing investment project, conditions and modes specified in this article shall be guaranteed during the payback period of investment project, but no more than seven years from the date of the financing of the project. Differentiation of the payback of the investment projects depending on their species is determined in accordance with the procedure established by the Government of the Russian Federation.
4. In exceptional cases when implementing investor priority investment project in production or transport or other infrastructures, the payback period is more than seven years. The Government of the Russian Federation is taking the decision to extend for a specified investor expiration conditions and regime referred to in paragraph 2 of this article.
5. the provisions of paragraph 2 of this article shall not apply to the changes and additions that are made to the legislative acts of the Russian Federation, or new federal laws and other regulatory legal acts of the Russian Federation to protect the foundations of the constitutional system, morality, health, rights and lawful interests of other persons, ensure national defense and State security.
6. the Government of the Russian Federation establishes criteria for evaluating changes in the disadvantaged for investor implementing priority investment project on the territory of the Russian Federation regarding the conditions of levying the import customs duties and federal taxes and contributions to the State budget funds, regime of prohibitions and restrictions regarding capital investments on the territory of the Russian Federation;
claims procedure that defines the first day of the financing of the investment project, including the participation of foreign investors;
approves the registration of priority investment projects;
carries out the control over execution of investor commitments for the implementation of priority investment project within the deadlines specified in paragraphs 3 and 4 of this article.
In case the investor commitments referred to in the first part of this paragraph, it is deprived of the benefits granted in accordance with this article. The amount of money not paid as a result of the provision of these benefits shall be returned in the order established by the legislation of the Russian Federation. "
Article 2. This federal law shall enter into force on the day of its official publication.
The Acting President of the Russian Federation v. Putin Kremlin, Moscow January 2, 2000 N 22-FZ