RUSSIAN FEDERATION FEDERAL LAW On concession agreements Adopted by the State Duma on 6 July 2005 Approved by the Federation Council on 13 July 2005 class="ed">(In the version of federal laws of 08.11.2007) N 261-FZ; of 04.12.2007 N 332-FZ; dated 30.06.2008. N 108-FZ; 17.07.2009 N 145-FZ; of 17.07.2009 N 164-FZ; of 02.07.2010 N 152-FZ; dated 19.07.2011. N 246-FZ; of 28.11.2011 N 337-FZ; dated 07.12.2011 N 417-FZ; of 25.04.2012 N 38-FZ; dated 07.05.2013 N 103-FZ; of 28.12.2013 N 438-FZ; dated 28.06.2014 N 180-FZ; dated 21.07.2014 N 265-FZ; dated 03.11.2015 N 307-FZ; dated 28.11.2015 N 358-FZ; dated 29.12.2015 N 391-FZ; of 30.12.2015 N 460-FZ Chapter 1. General provisions Article 1. The purpose and object of the regulation of this Federal Law 1. The purpose of this Federal Law is to attract investments into the economy of the Russian Federation, to ensure the efficient use of state or municipal property under concession agreements and to improve the quality of goods, works and services provided to consumers. 2. This Federal Law regulates relations arising from the preparation, conclusion, execution, modification and termination of concession agreements, and establishes guarantees of the rights and legitimate interests of the parties. Concession agreement. In the wording of the Federal Law of 21.07.2014 N 265-FZ) Article 2. Russian legislation on concession agreements 1. The legislation of the Russian Federation on concession agreements consists of this Federal Act, other federal laws and the other legal acts of the Russian Federation in accordance with them. 2. If an international treaty to which the Russian Federation is a party establishes rules other than those provided for by this Federal Act, the rules of the international treaty shall apply. Article 3. Concession agreement 1. By the concession agreement, one party (the concessionaire) undertakes to establish and (or) reconstruct the property (real property or real estate property and movable property, technology) at its own expense related to each other and intended for carrying out the activities under the concession agreement) (hereinafter referred to as the concession agreement), the ownership of which belongs to or will belong to the other party (to the assignor), to carry out activities using (a) The Conference of the Parties, (In the wording of the Federal Law of 02.07.2010) N 152-FZ 2. The concession contract is a treaty that contains the elements of the various treaties provided for by federal laws. The relations of the parties to the concession agreement shall apply in the relevant parts of the rules of civil law on treaties whose elements are contained in the concession agreement, unless otherwise provided by this Federal Law. the substance of the concession agreement. 3. For the purpose of this Federal Law, the reconstruction of the concession agreement is subject to its rearrangement through the introduction of new technologies, mechanization and automation of production, modernization and replacement of obsolete and physically worn-out equipment by new, more productive equipment, modification of the technological or functional designation of the object of the concession agreement or its separate parts, other measures to improve the performance and the operational properties of the concession agreement. 4. The object of the concession agreement to be reconstructed shall be the property of the assignor at the time of the conclusion of the concession agreement. The concessionaire should be free of the rights of third parties at the time of its transfer to the concessionaire. In the event that the object of the concession agreement is the property referred to in article 4, paragraphs 1 and 11, of this Federal Act, such property may be owned by the State at the time of the conclusion of the concession agreement, A municipal unitary enterprise on the right to economic management. If the concession contract is subject to the property referred to in article 4, paragraph 1, of this Federal Act, it is at the time of The conclusion of the concession agreement may be to the State budget institution on the law of operational management. (In the wording of Federal Law No. N 108-FZ; dated 02.07.2010. N 152-FZ; of 25.04.2012 N 38-FZ) 4-1. The transfer of a concession agreement to the concessionaire by the concessionaire of the object of the concession agreement is to be signed by the parties to the concession agreement. (Part of the addition is the Federal Law of 02.07.2010. N 152-FZ 5. The modification of the target of the restructured concession agreement is not permitted. 6. The transfer by the concessionaire of the concession of an object of the concession agreement shall not be permitted. 7. The goods and proceeds received by the concessionaire as a result of the activities provided for in the concession agreement shall be the property of the concessionaire if the concession agreement is not otherwise established. 8. The concessionaire shall bear the risk of accidental death or accidental damage to the object of the concession agreement from the time it is transferred to itunless otherwise specified by the concession agreement. The concession agreement for the concessionaire may be charged with the responsibility of to carry out the risk of accidental death and (or) accidental damage to the concession contract object. Federal laws of 30 June 2008 N 108-FZ; dated 02.07.2010. N 152-FZ) 9. The concession agreement may provide for the ownership and use by the concessionaire of the property belonging to the assignor's ownership forming a single purpose with the object of the concession agreement and (or) intended to be used by the concessionaire for the purpose of enabling the concessionaire to operate under the concession agreement (hereinafter referred to as the concessionaire of the concession contract). In this case, the concession agreement shall establish the composition and description of such property, purpose and the duration of its use (operation) by the concessionaire, the return of such property to the assignor when the concession agreement is terminated. The concession agreement may establish obligations of the concessionaire in respect of such property for its modernization, replacement of obsolete and physically worn equipment with new, more productive equipment, other improvements characteristics and operating properties of such property, as well as the implementation at their own expense of the risk of accidental death and/or accidental damage. (In the wording of federal laws of 30.06.2008) N 108-FZ; dated 21.07.2014. N 265-FZ) 10. Movable property that has been established and/or acquired by the concessionaire in the performance of the activities provided for in the concession agreement and is not part of another concession to the concessionaire under the concession agreement, is the property of the concessionaire unless otherwise established by the concession agreement. The property that the concessionaire has established with the consent of the assignor in the performance of the activities provided for in the concession agreement is not subject to the object of the concession agreement and is not a part of the other transfer made by the assignor The concessionaire under the concession contract shall be the property of the concessionaire unless otherwise established by the concession agreement. Unforestable property, which is established by the concessionaire without the consent of the assignor in the performance of the activities provided for in the concession agreement and is not subject to the object of the concession agreement, and is not part of the other transfer the concessionaire under the concession agreement is the property of the assignor and the value of such property shall not be reimbursed. (In the wording of Federal Law No. N 108-FZ) 11. The exclusive rights to the results of the intellectual activities received by the concessionaire at their own account in the performance of the concession agreement are vested in the assignor, unless otherwise specified in the concession agreement. 12. The concessionaire shall bear the costs of executing the obligations of the concession agreement unless the concession agreement specifies otherwise. 13. The assignor has the right to assume a portion of the costs of the establishment and (or) reconstruction of the concession agreement, the use (operation) of the concession contract object and to provide the concessionaire with State or municipal guarantees OF THE PRESIDENT OF THE RUSSIAN FEDERATION The extent of the costs to be borne by the assignor and the size, order and conditions for the concessionaire to provide State or municipal guarantees to the concessionaire should be specified in the award of the concession agreement, in the competitive bidding process. in the concession agreement. A decision to pay the assignor's payment on a concession agreement may be taken in the event that the determination of the assignor's payment under the concession agreement is defined as criteria Competition. (In the wording of Federal Law No. N 108-FZ; of 25.04.2012 N 38-FZ; dated 21.07.2014. N 265-FZ) 13-1. In the event that a decision is made to pay the assignor's assignor on the concession agreement, the concession contract is subject to the property referred to in article 4, paragraph 11, paragraph 11, of this Federal Act, and the concessionaire shall implement Goods produced, work performed, services provided at regulated prices (tariffs) or based on the set of price increases (rates), the amount of the allowance of the assignor for each year of the concession agreement is defined as the amount Costs financed from the assignor's funds for the establishment and/or reconstruction of the facility The concession agreement shall be used for the operation of the concession agreement. At the same time, expenditures financed by the assignor, the establishment and (or) reconstruction of the object of the concession agreement, the use (operation) of the object of the concession agreement should be entirely offset by the payment of the assignor. (Part of the addition is the federal law of 21.07.2014. N 265-FZ) 14. The concessionaire shall be in the process of commissioning the established and (or) reconstructed concession agreement in accordance with the procedure established by the legislation of the Russian Federation. 15. The ownership and use of the concessionaire by the immovable property of the object of the concession agreement, the immovable property granted to the concessionaire pursuant to Part 9 of this Article shall be subject to State registration in the The quality of the encumbrment of the title of the assignor. The State registration of tenure rights of such immovable property may be carried out simultaneously with the State registration of the ownership of the property of the assignor to such immovable property. The submission of documents necessary for the State registration of the property rights of the Russian Federation, the subject of the Russian Federation or municipal entity to the created concession agreement may not exceed one month from the date of entry. This object is in use. The liability of the concessionaire for the violation of this period shall be determined by the concession agreement. (In the wording of the federal laws of 2 July 2010, N 152-FZ; of 25.04.2012 N 38-FZ) 16. The concession contract and other concessionaire balance transferred by the assignor to the concession agreement are reflected in the concessionaire's balance of property. In respect of such facilities and property, the concessionaire shall maintain an independent accounting that it performs in connection with the performance of the obligations under the concession agreement and shall make the depreciation of such an object and property. (In the wording of Federal Law No. N 108-FZ) 17. It is not permitted to recover the concessionaire's rights in respect of the object of the concession agreement and the other property transferred by the assignor to the concessionaire. (Part of the addition is the Federal Law of 30 June 2008). N 108-FZ) Article 4. Concession agreement objects 1. The following are the objects of the concession agreement: (In the wording of the Federal Law of 02.07.2010). N 152-FZ) 1) road or road sections, protective road structures, constructed road structures, production facilities, that is, objects used for major repairs, repair, maintenance of roads, road maintenance elements (including stopping points), objects intended for charging (including charging points), road service objects; (B federal laws dated 25.04.2012 N 38-FZ; dated 21.07.2014. N 265-FZ) 2) rail objects; 3) pipeline transport facilities; 4) sea and river ports, including artificial land, hydrotechnical Construction of ports, facilities of their production and engineering infrastructures; (In the wording of federal laws of 08.11.2007) N 261-FZ; dated 19.07.2011 N 246-FZ ) 5) sea and river vessels, mixed (river-sea) navigation vessels and vessels carrying out icebreation, hydrographic, research, ferries, floating and dry docks; 6) airfields or buildings and (or) structures intended for the take-off, landing, taxing and parking of the aircraft, as well as established and designed for civil and public flights class="ed"> aircraft aircraft infrastructure and facilities Air traffic services, navigation, landing and communication services; (In the wording of federal laws of 30.06.2008) N 108-FZ; dated 30.12.2015. N 460-FZ 7) Facilities for the production and engineering infrastructures of airports; 8) (Spaced by Federal Law dated 04.12.2007 N 332-FZ) 9) hydraulic structures; 10) facilities for the production, transmission and distribution of electrical and thermal energy; 11) public utilities infrastructure and other utilities households, including heat, gas and electricity, centralized hot water supply systems, cold water supply and (or) running water, separate objects of such systems, Processing, disposal, deactivation, disposal Solid municipal waste, facilities for the coverage of urban and rural settlements, facilities for the improvement of the territories of the Territories and social services for citizens; (In the wording of federal laws of 30.06.2008) N 108-FZ; dated 07.12.2011 N 417-FZ; dated 21.07.2014. N 265-FZ; of 28.11.2015 N 358-F) 12) Underground and other public transport; 13) health facilities, including facilities for sanatorium and spa treatment; (In the wording of the Federal Law of 30.06.2008 N 108-FZ ) 14) education, culture, sports, facilities used to organize leisure and tourism, other social and cultural facilities; (In the wording of Federal Law dated 30.06.2008. " The buildings, structures and structures for storage, storage and repair of the property of the Armed Forces of the Russian Federation, facilities of the production and engineering infrastructures of such buildings, Buildings and structures; (Paragraph is supplemented by the Federal Law of 30 December 2015). N 460-FZ ) 16) production, primary and (or) subsequent (industrial) processing, storage of agricultural products included in the Russian Federation's approved by the Government of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION The paragraph is amended to include the Federal Law of December 29, 2015. N 391-FZ) 2. In the event that the object of the concession agreement and other non-contingent-owned equipment is intended to be used for general purpose, to ensure a single technological process and to carry out activities, The assignor has the right to enter into a civil contract with the owner of the specified property , which determines the conditions and procedure for the provision of the property to the concessionaire (the contract in favour of a third party), but it is obliged to raise the rights and responsibilities under the contract, depending on the relationship under the concession agreement. (In the wording of Federal Law No. N 108-FZ) 3. The federal executive authorities, the authorities of the constituent entities of the Russian Federation and the local self-government bodies, in accordance with their powers, are required to approve the list every year before February 1 of the current calendar year. facilities for which concession agreements are to be concluded. Following its approval, the list is subject to the placement of the federal executive authorities, the State authorities of the constituent entities of the Russian Federation and the local authorities on the official website of the Russian Federation. Internet Information and Telecommunications Network for information on tendering as defined by the Government of the Russian Federation, as well as on the official website of the assignor in the Internet Information and Telecommunications Network or in the case of the lack of an official site at the municipal level The Internet Information and Telecommunications Network on the official website of the constituent entity of the Russian Federation, within the boundaries of which is located such a municipality, is on the Internet. The list is informative. The absence of an object in the list is not an obstacle to the conclusion of a concession agreement with persons who have taken the initiative to enter into a concession agreement in accordance with article 37, part 4, paragraph 1, of this Federal Act. In the event of inclusion in the list of facilities for which concession agreements are to be concluded, heat supply facilities, centralized hot water supply systems, cold water supply and (or) water supply, separate facilities The federal executive authorities, the State authorities of the constituent entities of the Russian Federation and the local authorities shall post on the official websites listed in this part of the information and telecommunications network "Internet" about how to get a copy of the In accordance with the requirements of the regulatory legal acts of the Russian Federation in the field of heat supply, the sphere of water supply and drainage of the report on the technical survey of property proposed for inclusion in the object of the concession agreement. (Part of the addition is the federal law of 21.07.2014. N 265-FZ) 4. If the object of the concession agreement is included in the forecast plan (program) of the privatization of federal property, the document on the planning of privatization of property owned by the Russian Federation or municipality The concessionaire shall have the right to purchase the object of the concession agreement, subject to the fulfilment of its terms of the concession agreement in good faith. The Federal Act of 21 December 2001 on the privatization of State and municipal property is governed by the Federal Act of 21 December 2001. (Part of the addition is the federal law of 21.07.2014. N 265-FZ) 5. A concession agreement may be entered into for several concession agreements referred to in Part 1 of this Article, unless the objects of the concession agreement are the objects of heat supply, centralized hot water, cold water supply and (or) water supply systems, separate facilities of such systems and in the performance of the concessionaire's activities under the concession agreement by the concessionaire produced goods, performance, services provided prices (tariffs) and/or (or) subject to the price allowances (tariffs). The conclusion of the concession agreement in respect of several facilities of concession agreements is permitted if the said acts (omission) do not lead to prevention, restriction or elimination of competition. (Part of the addition is the federal law of 21.07.2014. N 265-FZ Article 5. The Parties to the concession agreement 1. The Parties to the concession agreement are: 1) the assignor-the Russian Federation, on whose behalf the Government of the Russian Federation or its authorized federal executive body or the constituent entity of the Russian Federation is a party. The Federation, on whose behalf the State authorities of the constituent entity of the Russian Federation, or a municipal entity, on whose behalf the local self-government entity acts, is a member of the local government. The individual rights and obligations of the assignor may be exercised by the assignor's assignee in accordance with federal laws, other regulatory legal acts of the Russian Federation, the law of the constituent entities of the Russian Federation and the law of the Russian Federation. The legal acts of local self-government bodies by organs and legal persons, and the assignor must notify the concessionaire of such bodies, persons and their rights and obligations. The authority of the assignor is also to be exercised by a State company established by the Russian Federation in accordance with the Federal Law "On the State Company" Russian Road " and on the introduction of amendments to certain OF THE PRESIDENT OF THE RUSSIAN FEDERATION N 108-FZ; of 17.07.2009 N 145-FZ) 2) The concessionaire is an individual entrepreneor, Russian or foreign legal entity, or operating without the formation of a legal entity under a simple partnership (joint activity contract) two and more designated entities. 1-1. In the event that the object of the concession agreement is the property referred to in article 4, paragraphs 1 and 11, of this Federal Act and which is owned by a State or municipal unitary enterprise, Such an undertaking shall participate on the side of the assignor in the obligations under the concession agreement and shall exercise separate powers of the assignor, together with other persons who may exercise them in accordance with this Federal Law. The authority of the assignor, including the authority to transfer the object of the concession agreement and (or) other concessionaire to the concession agreement, is to be determined by the concession contract. Agreement. In so doing, the State or municipal unitary enterprise transfers to the concessionaire the ownership and use of the immovable property forming the subject of the concession agreement and (or) other concessionaire transferred by the concessionaire to the concessionaire. The concession contract shall be signed by the signatory. (Part of the addition is the Federal Law of 02.07.2010. N 152-FZ) (In the wording of Federal Law No. N 38-FZ) 1-2. In the event that the object of the concession agreement is the property referred to in article 4, paragraph 1, of this Federal Act and which is of the time when the concession agreement is decided upon by the State budget, Establishment of an operational agency, such an institution may participate on the side of the assignor in the obligations under the concession agreement and exercise separate powers of the assignor, together with other persons who may exercise them in the case of the assignor. under this Federal Act, provided that The transfer of these assets under the concession agreement shall not be impossible for such an institution to carry out activities, objectives and objects as defined by its statute. The authority of the assignor is determined by the decision on the conclusion of the concession agreement. (Part supplemented-Federal Law of 25.04.2012. N 38-FZ) 1-3. In the event that the concession agreement is concluded, it is planned to establish and (or) reconstruct the facility, the parts of which are or will be in the ownership of the various public-legal entities designated by the public-legal entities prior to the conclusion of the concession agreement. The announcement of a competition for the award of the concession agreement is the agreement to hold a joint competition, which includes: 1) information about the organizer of the joint competition, as well as the parties to the agreement A joint competition; (2) the rights, obligations and responsibilities of the parties to the agreement to hold a joint competition, including a list of the powers handed over to the organizer by the parties to the agreement; 3) information about the subject and on the object of the concession agreement for which a joint contest is held; 4) the procedure and deadlines for the preparation and approval of the tender documentation on the conclusion of the concession agreement, the approximate date of the joint concession competitions; 5) procedure for the consideration of disputes; 6) the term of the concession agreement; 7) the posting of information on the official website of the Internet Information and Telecommunications Network; 8) other information defining the relationship of the parties to the agreement Joint competition. (Part added-Federal Law of 21.07.2014 N 265-FZ) 1-4. In the event that the objects of the concession agreements are buildings, structures and structures for the storage, storage and repair of the assets of the Russian Armed Forces, facilities of the production and engineering infrastructures of such equipment Buildings, structures and structures, concessionaires on such concession agreements may not be foreign investors (foreign natural persons and (or) foreign legal entities), organizations whose decisions, directly or indirectly, may determine foreign natural persons and (or) foreign legal entities, by a decision of the President of the Russian Federation. (Part of the addition is the Federal Law of 30.12.2015). N460FZ) 2. The change of persons under the concession agreement by assignment of a claim or transfer of debt is permitted with the consent of the assignor. The concessionaire shall not be entitled to grant its rights under the concession agreement to the concessionaire, except as provided for in part 4 of this article. Changes may be made to the terms of the concession agreement defining the technical characteristics of the concession contract. (In the federal laws of 25.04.2012, } N 38-FZ; dated 21.07.2014. N265-FZ 3. The transfer of the rights and duties of a legal person in the event of reorganization to another legal person must be subject to the conformity of the reorganization or the resulting reorganization of the legal entity. class="ed"> requirements for the contest participants set by this Federal Law and Competitor Documents. (In the wording of Federal Law dated 06/30/2008 N 108-FZ) 4. In the event that the object of the concession agreement is the property provided for in article 4 of this Federal Law and for the performance of the concessionaire's obligations under the concession agreement, the concessionaire shall seek the funds of creditors, The concessionaire under the concession agreement may be used as a means of ensuring the performance of the concessionaire's obligations to creditors under the terms and conditions that are determined by the concession agreement in accordance with the present agreement. Federal law. In this case, an agreement is concluded between the assignor, the concessionaire and the lenders to determine the rights and obligations of the parties (including liability in the event of default or improper performance by the concessionaire of its obligations to the concessionaire). (...) (...) The substitution of the concessionaire without a competition may be carried out taking into account the views of the creditors on the basis of the decision of the Government of the Russian Federation, the State authority of the constituent entity of the Russian Federation or the local government, The Conference of the Parties serving as the meeting of the Parties to the Protocol shall: harm to the life or health of the people or Such harm. The new concessionaire, to which the rights and obligations under the concession agreement are transferred, shall comply with the requirements of the bidders established by this Federal Law and the competitive documentation. (Part added-Federal Act of 2 July 2010 N 152-FZ) (Federal Law of 25.04.2012). N 38-FZ; dated 07.05.2013 N 103-FZ; dated 21.07.2014. N 265-FZ) 5. The replacement of the person by the concession agreement in the event of default or improper performance by the concessionaire of its obligations to the creditor is effected by means of a concourse case to replace the person under the concession agreement (unless otherwise provided in the concession agreement or concluded in accordance with part 4 of this article by agreement between the concessionaire, the assignor and the creditors), subject to the following requirements for the competition: (In the wording of this article, Federal Act dated 25.04.2012 N 38-FZ )1) the type of competition (open tender or closed competition), the conditions and criteria for the competition held to replace a person by the concession agreement, shall be established in accordance with the decision of the assignor. The conclusion of the concession agreement, on the basis of which the concession contract was held; (2) the provision of the tender documentation, on the basis of which the competition was held to replace the person in the concession contract. The concession agreement shall be in accordance with the provisions of the of the Convention on the Rights of the (b) The holding of such a tender for the concession agreement; (3) the condition of the competition to replace the person by the concession agreement, together with the conditions of the competition referred to in paragraph 1 of this Part, shall be The obligation of the winner of the tender to fulfil the obligations of the concessionaire the creditor is in the order and on the terms agreed with the creditor and is provided for by the tender documentation for the tender to replace the person by the concession agreement. Law of 02.07.2010. N 152-FZ) 5-1. When a person is replaced by a concession agreement in the event of default or improper performance by the concessionaire of its obligations to creditors without a competition, the rules set out in part 7 of this article shall apply. (Part supplemented-Federal Law of 25.04.2012. N 38-FZ) 6. The competition for the purpose of replacing the person on the concession agreement and the award winner shall be determined in accordance with chapter 3 of this Federal Act. There is an agreement between the assignor and the winner of the competition to replace the person under the concession agreement. The rights and obligations of the concessionaire under the concession agreement shall terminate upon the conclusion of the agreement to replace the person under the concession agreement. (Part of the addition is the Federal Law of 02.07.2010. N 152-FZ) 7. In the event of the replacement of a person under the concession agreement, the terms of the concession agreement shall be modified on the basis of the actual performance of the concessionaire by the time of the tender obligations under the concession agreement, and also taking into account Proposals submitted by the winner of the competition to replace the person on the concession agreement with better conditions than the terms of the concession agreement. The modifications to the concession agreement and the terms and conditions of the agreement shall be subject to an additional agreement to the concession agreement. (Part of the addition is the Federal Law of 02.07.2010. N 152-FZ) Article 6. Duration of the concession agreement 1. The term of the concession agreement shall be established by the concession agreement, taking into account the duration of the establishment and (or) reconstruction of the concession agreement, the amount of the investment in the establishment and (or) reconstruction of the concession agreement, the duration of the concession agreement. The payback of such investments, the period of receipt by the concessionaire of the amount of gross proceeds defined by the concession agreement, the duration of other obligations of the concessionaire and the (or) the assignor under the concession agreement. The duration of the concession agreement may be extended, but not more than five years, by agreement of the parties on the basis of a decision of the Government of the Russian Federation (for the concession agreement of which the Russian Federation is the assignor), The highest organ of the executive authority of the constituent entity of the Russian Federation (for the concession agreement, in which the constituent entity is the constituent entity of the Russian Federation) or the local municipal administration (for the concession agreement, The Convention on the Rights of the 2. The extension of the concession agreement, in which the constituent entity is a constituent entity of the Russian Federation or a municipality, is subject to agreement with the competition authority. 3. The Government of the Russian Federation shall determine the grounds on which the concession agreement may be extended, as well as the manner in which the concession agreement will be agreed upon by the authority. (The article in the Federal Law of 21.07.2014) N 265-FZ) Article 7. Concession fee 1. The concession agreement provides for a payment to be paid by the concessionaire to the assignor during the period of use (operation) of the object of the concession agreement (hereinafter referred to as the concession fee). The concession fee may be provided for the duration of the duration of the use (operation) of the concession agreement and for certain periods of such use (operation). The concession fee, form, order and date of the concession contract shall be established by the concession agreement in accordance with the decision on the conclusion of the concession agreement. 1-1. In the case of a concession agreement for heat supply facilities, centralized hot water supply systems, cold water supply and (or) water, separate facilities for such systems include a concession fee, size Such payment shall not exceed the level calculated on the basis of the principle of reimbursement to the assignor for payment of compulsory payments established by the laws of the Russian Federation in respect of the duration of the concession agreement. Ownership of the concession agreement. (Part of the addition is the Federal Law of 30 June 2008). N 108-FZ) (In the wording of the Federal Law of July 21, 2014). N 265-FZ) 2. The concession fee may be fixed in the form of: 1) defined in a firm amount of payments made periodically or at the appropriate level; 2) of the specified share of products or proceeds received by the by the concessionaire as a result of the implementation of the activity provided for in the concession agreement; 3) to transfer to the assignor the property owned by the concessionaire. 3. The concession agreement may provide for a combination of the concession form specified in Part 2 of this Article. (In the wording of Federal Law No. N 108-FZ) Article 8. Rights and obligations of the concessionaire and the assignor (In the wording of Federal Law of 02.07.2010). N 152-FZ 1. In the execution of the concession agreement, the concessionaire is entitled: 1) to transfer, with the consent of the assignor, in the manner prescribed by the federal laws and the terms of the concession agreement, the object of the concession agreement; and (or) the other property transferred by the concessionaire to the concession agreement for use by a third party for a period not exceeding the period of use (operation) of the object of the concession agreement under the concession agreement, provided that Compliance by such persons with the concessionaire's obligations under the concession contract Agreement. In so doing, the concessionaire shall be responsible for the actions of such persons as for its own. Termination of the concession agreement shall be the basis for termination of the rights of the use of third parties by the object of the concession agreement and the other property transferred by the concessionaire to the concession agreement; Federal Act No. N 108-FZ) 2) to perform the concession agreement by its forces and/or by using in accordance with the terms of the concession agreement of other persons. At the same time, the concessionaire is responsible for the actions of other persons as for its own; (In the wording of the Federal Law June 30, 2008 N 108-FZ) 3) to be free of charge in the manner established by the concession agreement and subject to the terms of the confidentiality agreement established by the concession agreement The Conference of the States parties to the Convention on the Rights of the 2. In the execution of the concession agreement, the concessionaire is obliged: 1) to carry out, within the terms of the concession agreement, the establishment and (or) reconstruction of the concession agreement object and to proceed with its use (operation); (2) use (operate) the object of the concession agreement for the purposes and in the manner established by the concession agreement; 3) to carry out the activities provided for in the concession agreement and not terminate (not suspend) this activity without the consent of the assignor , except as specified in article 13, part 3-7 of this Federal Law; (In the wording of Federal Law dated 21.07.2014. N 265-FZ) 4) to provide consumers of relevant goods, works, services; 5) to provide consumers with an activity under the concession agreement established by federal laws, laws of the subject of the Russian Federation, normative legal acts of the local government authority, including privileges for payment of goods, works, services, in the cases and in the manner prescribed by the concession 6) support the concession agreements are in good condition, carry out maintenance and repair at their own expense, bear the cost of the facility, unless otherwise specified by the concession agreement; 7) To conclude contracts with resource organizations for the supply of energy resources consumed in the execution of the concession agreement, as well as the energy resources indicated. The paragraph is supplemented by the Federal Law of 03.11.2015. N 307-FZ) 3. In the execution of the concession agreement, the assignor is entitled to control the concessionaire's compliance with the terms of the concession agreement in accordance with this Federal Law. (Part of the addition is the Federal Law of 02.07.2010. N 152-FZ) 4. The assignor is obliged to transfer the duration of the concession agreement to the concessionaire and the other property transferred by the assignor to the concessionaire under the concession agreement. (Part of the addition is the Federal Law of 02.07.2010. N 152-FZ) 5. The property referred to in article 4, paragraph 1, of this Federal Act and of the State budget institution under operational control may be transferred in accordance with the established procedure to the concessionaire under the concession contract. After termination on the grounds provided for in the legislation of the Russian Federation, the right of the operational management of the State budget institution to the property shall be subject to at least one of the following conditions: 1) for the state budget The institution has decided to reorganize or liquidation before the conclusion of the concession agreement, the object of which is such property; 2) as a result of the transfer of immovable property under the concession agreement. will be deprived of the ability to carry out activities, objects, the object of which the charter is defined. (Part added-Federal law dated 25.04.2012 N 38-FZ) Article 9. The right of the assignor to control the execution of the concession agreement 1. The control of the assignor for the execution of the concession agreement shall be exercised by the authorized assignor in accordance with article 5 of the present Federal Act by organs or legal persons, through their representatives, on the basis of The concession agreement shall have the right to unimpeded access to the concession agreement, as well as to the documentation relating to the implementation of the activities under the concession agreement. (In the wording of Federal Law No. N 108-FZ) 2. The assignor is in the process of monitoring compliance by the concessionaire with the terms of the concession agreement, including the fulfilment of obligations to meet the deadlines for the establishment and (or) reconstruction of the concession agreement object, to invest in it Establishment and (or) reconstruction, compliance with the technical and economic indicators of the concession agreement under the concession agreement established by the concession agreement concession agreement, use (s) of facility The concession agreement shall be in accordance with the objectives set forth in the concession agreement. 3. Representatives of the or persons referred to in Part 1 of this article are not entitled: (Federal Law of 30.06.2008 y. N 108-FZ) 1) to interfere in the performance of the concessionaire's economic activities; 2) to disclose information classified as confidential or commercial under the concession agreement. A secret. 4. The concession agreement shall be established by the concession agreement by the concessionaire. 5. The results of the monitoring of the concessionaire's compliance with the terms of the concession agreement are the result of the verification act. (Part of the addition is the Federal Law of July 7, 2013. N 103-FZ) 6. The results of the control are subject to the placement by the assignor within five working days of the date of the act on the official website of the assignor in the Internet Information and Telecommunications Network or in case of absence from the municipal office. The education of the official website of the Internet Information and Telecommunications Network on the official website of the subject of the Russian Federation, within the boundaries of which is located such municipal education, in the information and telecommunication network Internet. Access to the said act shall be granted during the term of the concession agreement and after the expiry of the term of validity of three years. (Part of the addition is the Federal Law of July 7, 2013. N 103-FZ) 7. The Control Results Act is not placed on the Internet Information and Telecommunications Network in the event that the information about the concession agreement is State secret or the object is of strategic importance to the security of the object. The defence and security of the State. (Part of the addition is the Federal Law of July 7, 2013. N 103-FZ) Article 10. The terms of the concession agreement 1. The concession agreement should include the following essential conditions: (1) the concessionaire's obligation to establish and (or) redesign the concession agreement, the timing of its establishment and (or) reconstruction; (2) obligations of the concessionaire to carry out the activities under the concession agreement; 3) the duration of the concession agreement; 4) the description, including the techno-economic indicators, the object of the concession agreement; (In the wording of the Federal Act No. N 108-FZ 4-1) The duration of the concession to the concessionaire of the concession contract object; (Paragraph addition-Federal law dated 02.07.2010 y. N 152-FZ (5) the procedure for granting to the concessionaire land plots intended for the implementation of the activities provided for in the concession agreement and the duration of the concession with the concessionaire Land (if lease agreements (subleases) are required for the operation of the concession agreement); 6) the purpose and age (s) of the facility Concession agreement; 6-1) The way in which the concessionaire has fulfilled its obligations under the concession contract (provision of irrevocable bank guarantee, transfer by the concessionaire to the assignor on the rights of the concessionaire under the bank deposit agreement (deposit), The implementation of the risk insurance of the liability of the concessionaire for the breach of the obligations under the concession agreement), the amount of the security provided and the period to which it is provided; (The paragraph is supplemented by the Federal Law dated 06/30/2008 N 108-FZ )6-2) the size of the concession fee, the form or form, the order and the timing thereof, except in the cases provided for in article 7, part 1, of this Federal Act; Law of 30 June 2008. N 108-FZ) 6-3) the procedure for recovering the costs of the parties in case of early termination of the concession agreement; (Paragraph supplement-Federal Law dated 02.07.2010. N 152-FZ 6-4) obligations of the assignor and (or) the concessionaire to prepare the territory necessary for the establishment and (or) reconstruction of the concession agreement object and (or) to carry out activities, The concession agreement provided for in the concession agreement; (the paragraph is amended by the Federal Law of 21.07.2014). N 265-FZ6-5) the gross proceeds received by the concessionaire under the concession agreement, including for each year of the concession agreement, if the concession contract is the object of the concession contract. The agreement is the property referred to in article 4 (11), paragraph 11, of this Federal Act; July 21, 2014. N 265-FZ) 7) other essential conditions provided for by federal laws. 1-1. In the event that the concessionaire undertakes the activities under the concession agreement, the concessionaire's implementation of the goods produced, the performance of the works, the services shall be performed at the regulated prices (tariffs) and (or) taking into account the activities of the concessionaire. established allowances for prices (tariffs) and the subject of the concession agreement are not district heating facilities, centralized hot water supply systems, cold water supply and (or) running water, separate facilities of such systems, concession agreement with the Part 1 of this article shall contain obligations to attract investments to the extent that the concessionaire undertakes to provide for the establishment and (or) reconstruction of the facility of the concession agreement for the full duration of the concession period. The terms of the concession contract and the procedure for reimbursement of the expenses of the concessionaire to be reimbursed under Russian law in the area of price (tariffs) and not recovered at the end of the period The operation of the concession agreement. In so doing, the amount of part 1, paragraph 6-1 of this article, of the concessionaire's obligations under the concession agreement shall be determined on the basis of the level of investments that the concessionaire undertakes to attract for the purposes of implementation. The investment programme of the concessionaire, approved in accordance with the procedure established by the legislation of the Russian Federation in the regulation of prices (tariffs), with the exception of expenses which must be administered in accordance with the concession agreement. of the budgets of the budgetary system of the Russian Federation and The proceeds of the concessionaire's proceeds from the sale of goods, performance of works, services performed at regulated prices (tariffs) and (or), taking into account established allowances to prices (tariffs). (Part supplemented by the Federal Act of 2 July 2010. N 152-FZ) (In the wording of the Federal Law of 07.05.2013) N 103-FZ 1-2. In the case of a concession agreement subject to heat supply, centralized hot water supply systems, cold water supply and (or) water maintenance, separate facilities of such systems, concession agreement together with The essential conditions provided for in Part 1 of this Article shall include the following essential conditions: 1) the values of the long-term parameters of the concessionaire's performance management (long term parameters) regulation of tariffs determined in accordance with the regulations OF THE PRESIDENT OF THE RUSSIAN FEDERATION (2) Job and main activities defined in accordance with article 22 of this Federal Act, describing the main characteristics of such activities; 3) the limit on the cost of creation and (or) reconstruction of the concession contract It is expected to implement throughout the concession agreement by the concessionaire; 4) the planned values of the reliability, quality, energy efficiency of the centralized system sites Water supply, cold water supply and (or) water supply, planned values of reliability and energy efficiency of heat supply facilities, planned values of other stipulated competitive documents of techno-economic system and (or) objects (hereafter referred to as indicator values) activities of the concessionaire); 5) the procedure for the reimbursement of the expenses of the concessionaire to be reimbursed in accordance with the regulatory legal acts of the Russian Federation in the area of heat supply, water supply and drainage, and not reimbursed to it at the end of the concession agreement. (Part added-Federal law , dated 07.05.2013 N 103-FZ 1-3. The concessionaire may reimburse the costs of the concessionaire, provided that the concession agreement is extended for a period of time sufficient to provide for the said expenses of the concessionaire, provided in paragraph 5 of part 1 to 2 of this article. not more than five years, or subject to the reimbursement of such costs, taking into account the rate of return on invested capital. The period of reimbursement of the expenses of the concessionaire subject to the non-extension of the concession agreement The procedure set out in this article may not exceed two years. (Part added-Federal Law of 07.05.2013 N 103-FZ) (In the wording of the Federal Law of July 21, 2014). N 265-FZ) 2. The concession agreement other than those provided for in parts 1, 1-1 and 1-2 of this article may contain other conditions not contrary to the Russian Federation's legislation, including the following: ( federal laws of 30 June 2008. N 108-FZ; dated 02.07.2010. N 152-FZ; dated 07.05.2013 N 103-FZ) (1) Volume production, performance, service delivery in the concession contract; 2) Order and conditions for fixing and changing prices (tariffs) for the goods produced, the work being performed, the services provided, the price premiums (tariffs), the long-term parameters of the concessionaire's activities, agreed upon in the procedure established by the Government of the Russian Federation with the authorities the executive branch or the local authorities, Regulation of prices (tariffs) in accordance with the legislation of the Russian Federation in the regulation of prices (tariffs); (Federal laws dated 02.07.2010. N 152-FZ; dated 07.05.2013 N 103-FZ) 3) the volume of investment in the establishment and (or) reconstruction of the concession agreement object; 3-1) the composition of the concession agreement; (Paragraph added-Federal Law dated 30.06.2008. N 108-FZ ) 4) the date of the commissioning of the concession agreement created and/or reconstructed with the concession agreement established by the concession agreement; 5) concessionaire for the sale of goods, performance, services in the domestic market during the period of the concession agreement; 6) the concessionaire's obligations to carry out the goods produced, services at regulated prices (tariffs) and in accordance with The concessionaire's obligations to provide consumers with established federal laws, the law of the subject of the Russian Federation and the regulatory legal acts of the local authority Self-management of benefits, including payment of benefits for goods, works, services; 8) obligations of the concessionaire to implement, at its own expense, the risk of accidental death and (or) accidental damage to the object of the concession of an agreement to be transmitted by the assignor to the (...) (...) N 108-FZ ) 9) the obligation of the assignor to finance part of the cost of creating and (or) reconstructing the concession agreement, the cost of the use (operation) of the specified object, to provide the concessionaire with State or municipal guarantees, the amount of the assignor's expenses, the amount of the assignor's assignor and the size, order and condition of the concessionaire State or municipal guarantees; (In the drafting of federal laws of 30.06.2008 N 108-FZ; of 25.04.2012 N 38-FZ) 10) the amount of the funds sent by the concessionaire to the modernization, replacement of other concession transfer by the assignor to the concessionaire, improvement of its characteristics, and Operational properties; (The paragraph is supplemented by the Federal Law of 30 June 2008). N 108-FZ)11) the procedure for making changes to the concession contract; (Paragraph supplemented by the Federal Law June 30, 2008 N 108-FZ ) 12) obligations of the concessionaire for the preparation of the project documentation of the concession agreement subject to the concession agreement; (Paragraph added: Federal Law dated 06/30/2008 N 108-FZ) 13. N 108-FZ; lost the force-Federal Law of July 21, 2014. N 265-FZ) 14) (Spspent force-Federal Law of 02.07.2010. N 152-FZ) 15) the dimensions, conditions, order and timing of liquidated damages for breach of obligations under the concession agreement by the parties; (Paragraph supplement-Federal law dated 30 June 2008 N 108-FZ) (In the wording of Federal Law No. N 38-FZ) 16) the procedure for determining reimbursement by parties in case of early termination of the concession agreement in accordance with article 13, paragraphs 2 to 4, of article 13 Federal law. (amended by the Federal Law of 25.04.2012). N 38-FZ) 3. In case the legislation of the Russian Federation provides for the financing of the provision of goods, works, services to citizens and other consumers from the budget of the Russian Federation budget system in full, The agreement should not provide for the payment of such goods, works, services at the expense of citizens and other consumers. 4. The Government of the Russian Federation shall approve the concession agreements for concession agreements specified in article 4, paragraph 1, of this Federal Act. Claims against banks providing irrevocable bank guarantees against banks in which a bank deposit (deposit) of a concessionaire may be authorized by the concessionaire The Government of the Russian Federation shall establish a bond with the concessionaire and with respect to insurance organizations with which the concessionaire may enter into a liability insurance contract for breach of obligations under the concession agreement. (In the wording of Federal Law No. N 108-FZ; dated 21.07.2014. N 265-FZ) 4-1. In the event that the object of the concession agreement is the property referred to in part 1 to 2 of this article, the irrevocable bank guarantee shall be non-transferable and shall be in accordance with the other requirements of the Government of the Russian Federation as approved by the Government of the Russian Federation. Such guarantees. (Part of the addition is the Federal Law of July 7, 2013. N 103-FZ) 5. In the event that the concessionaire undertakes the activities under the concession agreement, the concessionaire's implementation of the goods produced, the performance of the works, the services shall be performed at the regulated prices (tariffs) and (or) taking into account the activities of the concessionaire. established price premiums (rates), the list of facilities to be established and/or reconstructed during the term of the concession agreement, the volume and sources of investment to establish and (or) reconstruct those facilities, shall be established in accordance with the investment programmes of the concessionaire, OF THE PRESIDENT OF THE RUSSIAN FEDERATION (Part of the addition is the Federal Law of 02.07.2010. N 152-FZ) Article 11. Providing the concessionaire and using it land, forest, water site (In the wording of Federal Law dated 30 June 2008 N 108-FZ) 1. The land on which the concession agreement is located and/or which is necessary for the concessionaire to carry out the activities under the concession agreement; the forest land (construction of hydraulic structures, seaports, sea terminals, river ports and berths, transmission lines, lines of communication, roads, protective road structures (excluding elements of landscaping), artificial road structures (except for zygimics and translaw on ice, (tunnels), production facilities, that is, objects used Major maintenance, repair, maintenance of roads, road maintenance elements, facilities for charging (including charging points), road service objects, pipelines and other linear Facilities for the storage, storage and repair of assets of the Armed Forces of the Russian Federation, facilities for the production and engineering infrastructures of such buildings, structures and installations, Primary and subsequent (industrial) processing and storage agricultural products, fitness, sports and sports facilities), water object (construction of berths, shipyards and ship repair facilities, fixed and (or) floating platforms and artificial islands, hydraulic engineering structures, bridges, overpasses and similar installations, underwater and underground passlines, pipelines, submarine lines, other linear objects, underwater communications, and -Drilling, explosive, rigs and other works, related to the modification of the water floor), the subsurface area (construction and operation of non-mineral underground facilities) necessary for the establishment and (or) reconstruction of the concession agreement object and (or) In order to carry out the activities under the concession agreement, the concessionaire is provided to the concessionaire (sub-lease) or otherwise lawfully in accordance with the land, forestry, water legislation and legislation of the Russian Federation. the Subsoil Federation for a term to be fixed by the concession The Agreement shall not exceed the term of the concession agreement in accordance with the land, forestry, water legislation and legislation of the Russian Federation. A lease (sub-lease) of a plot of land shall be entered into with the concessionaire not later than sixty working days from the date of the signing of the concession agreement, unless other deadlines are set by the concessionaire of the concession contract, or in accordance with Article 38 of this Federal Law. The concessionaire's use of the land, forest, water and subsurface area provided to it is carried out in accordance with the land, forestry, water legislation and legislation of the Russian Federation on subsoil. (...) (...) N 108-FZ; dated 17.07.2009. N 145-FZ; 25.04.2012 N 38-FZ; dated 29.12.2015 N 391-FZ; of 30.12.2015 N460s) 1-1. The lease (sublet) of the land referred to in paragraph 4 of article 4, paragraph 4, of this Federal Act shall be concluded with the concessionaire not later than sixty working days after the state cadastral register Land. (Part added-Federal Act of 08.11.2007. As amended by the Law of the Republic of Ukraine dated July 11, 2004 No. 44-II. N 180-FZ) 2. The concessionaire shall not be entitled to transfer its rights under the lease (sub-lease) to other persons and to lease land to a sub-lease unless otherwise stipulated by the lease agreement of the land. 3. Termination of the concession agreement shall be the basis for the termination of the rights granted to the concessionaire in respect of the land, forest, water, subsoil area. (In the wording of the Federal Law of 30 June 2008. N 108-FZ) Article 12. The responsibility of the concessionaire for the quality of the object concession agreement 1. The concessionaire shall be responsible to the assignor for the breach of the requirements established by the concession agreement and/or the requirements of the technical regulations, the design and the construction of the concession agreement. documentation, other mandatory requirements for the quality of the newly created and (or) reconstructed concession contract. 2. In the event that there is a breach of the requirements referred to in part 1 of this article, the assignor has the right to require the concessionaire to remove such breach free of charge within a reasonable time fixed by the assignor. 3. The assignor has the right to require the concessionaire to recover the resulting loss if the breach of the requirements referred to in part 1 of this article has not been rectified within a reasonable time limit set by the assignor or is substantial. 4. The responsibility for the quality of the object of the concession contract shall be vested in the concessionaire within the period specified in the concession agreement or, if such time is not set, within five years from the date of transfer of that object to the assignor. If the duration of the concession agreement is less than five years and the violation of the quality requirements of the established and (or) reconstructed concession agreement was found after the expiry of the term, but within the period Five years from the date of transfer of that object to the assignor, the concessionaire is liable to the assignor provided that the assignor proves that the breach occurred prior to the date of transfer of that object to the assignor or for the reasons that arose prior to the day. Transfer. Article 13. Conclusion, modification and termination of the concession agreement 1. The concession contract shall be concluded by a competition for the right to enter into a concession agreement, except as provided for in article 37 of this Federal Act. 2. Concession agreements shall be concluded in accordance with the model agreements provided for in article 10, paragraph 4, of this Federal Act, shall include the essential conditions established by this Federal Act, others Federal laws and may include those which are not regulated by these sample agreements and are not contrary to the legislation of the Russian Federation and the competitive documentation of the conditions. (In the wording of Federal Law No. N 108-FZ, 25.04.2012 N 38-FZ; dated 21.07.2014. N 265-FZ) 3. The concession agreement may be amended by agreement of the parties. The terms of the concession agreement, as determined by the award of the concession agreement and the competitive tender offer by the concessionaire, may be amended by agreement of the parties to the concession agreement on the basis of OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation) or of a local government body (for The concession agreement, which is the assignor of the municipality formation), and also in the cases provided for in Part 3 of this Article, Article 5, Part 7, Article 20, Parts 1, 3 and 4, and Article 38 of this Federal Law. (In the wording of Federal Law No. N 38-FZ) 3-1. In the case where the concession agreement is executed within the framework of an investment project included in the list of investment projects of national importance approved by the Government of the Russian Federation, the assignor in that concession The agreement is the Russian Federation or the constituent entity of the Russian Federation and the concession agreement sets out the obligations of the concessionaire to prepare the project documentation of the concession agreement object, the terms of the concession agreement, determined on the basis of a competitive bidding and The investment and the technical characteristics of the concession agreement subject to the agreement of the parties to the concession agreement may be modified to apply more efficient technological solutions, if there is a positive Examination of the design document of the project document of the concession agreement subject to the following requirements: (In the wording of the Federal Law dated 28.11.2011 The costs of the assignor for the establishment and (or) reconstruction of the object of the concession agreement, the amount of the assignor's assignor and the termination of the concession agreement may be reduced if the estimated cost is reduced the object of the concession agreement at the proposal of the person with whom the concession agreement was decided; (In the wording of the Federal Law dated 25.04.2012 N 38-FZ) 2) quality and consumer properties of the concession contract object are not subject to modification; 3) other terms of the concession agreement determined by the tender offer, not must be changed. (Part added is the Federal Law of 02.07.2010). N 152-FZ) 3-2. In the event that the object of the concession agreement is the property referred to in article 10, paragraphs 1 to 2, of this Federal Act, in order to modify the terms of the concession agreement, including the conditions to be modified by agreement of the parties on the basis of The decisions of the public authorities or of the local self-government authorities determined by the decision on the conclusion of the concession agreement, the tender documentation and the tender offer of the concessionaire according to the criteria of the tender, need to be accepted of the competition authority received in the order and under the conditions by the Government of the Russian Federation. This consent is also required if the terms of the concession agreement are changed on the basis of article 20, parts 1, 3 and 4, of this Federal Act. In order to modify the terms of the concession agreement in the cases provided for in part 3-1 of this article, article 5, paragraph 7, and article 38 of this Federal Act, the prior approval of the authority is not required. (Part of the addition is the Federal Law of July 7, 2013. N 103-FZ) 3-3. In order to modify the conditions stipulated in article 10, part 1, paragraph 1, of this Federal Act, the prior consent of the executive branch or the local government implementing the price (tariffs) regulation is required. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Water. (Part of the addition is the Federal Law of July 7, 2013. N 103-FZ) 3-4. The assignor is under an obligation to consider the requirements of the concessionaire to modify the substantive terms of the concession agreement in the event that the concession agreement became impossible within the time limits established therein as a result of the circumstances force majeure, in cases of significant change in circumstances from which the parties relied on the conclusion of the concession agreement and in the case of a court or a federal competition authority that had become enforceable impossibility of performance by the concessionaire or the assignor The Conference of the States parties to the Convention on the Law of the Sea. (Part of the addition is the federal law of 21.07.2014. N 265-FZ) 3-5. A decision to modify the substantive terms of the concession agreement shall be taken by the assignor within thirty calendar days after the arrival of the concessionaire's claims on the basis of a decision of the Government of the Russian Federation (for concession contract). of the Russian Federation), the supreme executive authority of the constituent entity of the Russian Federation (for the concession agreement in which the constituent entity is the constituent entity of the Russian Federation) or the local administration of municipal education (for the concession agreement, which is a municipal education). (Part of the addition is the federal law of 21.07.2014. N 265-FZ) 3-6. The decision to amend the concession agreement resulting in a change in the revenues (expenses) of the budget system of the Russian Federation shall be made subject to the requirements established by the budgetary laws of the Russian Federation. In this case, the concessionaire is required to inform the concessionaire, within thirty calendar days of the arrival of the requirements, of the commencement of the consideration of the matter in the preparation of the draft law (decision) on the relevant budget for the next financial year. The annual financial year and plan period shall either be submitted to the concessionaire for reasons of rejection. (Part of the addition is the federal law of 21.07.2014. N 265-FZ) 3-7. In the event that, within thirty calendar days after the arrival of the concessionaire's requirements by the concessionaire, the assignor did not decide to modify the substantive terms of the concession agreement, did not notify the concessionaire of the beginning of the consideration of the matter within the framework of the concession agreement. The preparation of the draft law (decisions) on the corresponding budget for the next financial year (financial year and plan period) or did not provide the concessionaire with a reasoned refusal, the concessionaire may suspend the performance of the concession Agreement before the assignor has made a decision to change the essential conditions The concession agreement or the provision of a reasoned refusal. (Part of the addition is the federal law of 21.07.2014. N 265-FZ) 3-8. A change in the essential terms of the concession agreement, in which the constituent entity is a constituent entity of the Russian Federation or a municipality, is subject to agreement with the competition authority. (Part of the addition is the federal law of 21.07.2014. N 265-FZ) 3-9. The Government of the Russian Federation shall determine the grounds on which the substantive terms of the concession agreement may be modified, as well as the manner in which such changes are agreed upon by the authority. (Part of the addition is the federal law of 21.07.2014. N 265-FZ) 4. The concession agreement, upon request of the parties to the concession agreement, may be modified by a court decision on the grounds provided for in the Civil Code of the Russian Federation. 5. The concession agreement ends: 1) upon the expiry of the concession agreement; 2) by agreement of the parties; 3) in case of the early termination of the concession agreement by decision the court of; 4) in the stipulated concession agreement, on the basis of the decision of the Government of the Russian Federation or the federal executive authority of the Russian Federation authorities (for the concession agreement of which OF THE PRESIDENT OF THE RUSSIAN FEDERATION (a) if the concessionaire's failure to perform or improper performance by the concessionaire of the obligations under the concession agreement resulted in harm to the life or health of the people or there is a risk of causing the loss Such harm. (amended by the Federal Law of 25.04.2012). N 38-FZ) 6. In the event that the objects of the concession agreements are buildings, structures and structures for the storage, storage and repair of the assets of the Russian Armed Forces, facilities of the production and engineering infrastructures of such equipment Buildings, structures and structures, concession agreements terminated early by the Ministry of Defence of the Russian Federation on the basis of decisions of the Government of the Russian Federation in the event of default or improper performance by concessionaires the obligations under such concession agreements. (Part of the addition is the Federal Law of 30.12.2015). N 460-FZ) Article 14. Consequences of termination of the concession agreement 1. The concessionaire is required to transfer to the assignor the object of the concession agreement other than that specified in article 3, part 9, of the present Federal Act in accordance with article 3, paragraph 2, of the Convention. Agreement. 2. The object of the concession agreement to be transferred to the assignor and the other specified concession agreement, and determined in accordance with article 3, paragraph 9, of this Federal Law, shall be in a position established by A concession agreement suitable for the implementation of the activities provided for in the concession agreement and in accordance with the requirements established by this Federal Law and shall not be subject to the rights of third parties. 3. The transfer of the object of the concession agreement and other specified concession agreement, defined in accordance with article 3, paragraph 9, of the present Federal Law of Property by the concessionaire and the acceptance by the assignor of the concessionaire class="ed"> to be signed by parties to the concession agreement receiving act. (In the wording of Federal Law dated 02.07.2010. N 152-FZ 4. In the case, unless otherwise provided by a federal law or concession agreement, the concessionaire's obligation to transfer under the concession agreement the object of the concession agreement and other concession agreement otherwise provided for in the concession agreement and determined in accordance with article 3, paragraph 9, of this Federal Act of property, the assignor is deemed to have been executed after the acceptance of the object and such property by the assignor and the parties to the concession agreement signed by the parties. Transfer document. The concession of the concession contract by the concession contract shall be deemed to be a waiver by that party of the concession contract from the performance of the concession contract. 5. The termination of the ownership and use of the concession contract by the object of the concession agreement and other specified concession agreement, and determined in accordance with article 3, paragraph 9, of this Federal Act, immovable property shall be subject to State authority. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 15. The cancellation of the concession agreement on the basis of court decision 1. The concession agreement may be terminated by a court decision on the request of the parties to the concession agreement in the event of a substantial breach of the concession agreement by the other party to the concession agreement, Change of circumstances from which the parties to the concession agreement were based on its conclusion, as well as under other federal law, other federal laws or concession agreements. 1-1. In the event of default or improper performance by the party of the concession agreement of its concession agreement, the other party to the concession agreement shall issue a written warning to the concession agreement in writing of such an obligation within a reasonable period of time. The requirement of change or early termination of the concession agreement may be submitted to the court by the other party to the concession agreement only in the event that such obligation has not been discharged in due course. (Part of the addition is the Federal Law of 30 June 2008). N 108-FZ) 2. Material violations of the terms of the concession agreement by the concessionaire are: (In the wording of Federal Law dated 02.07.2010 y. N 152-FZ) 1) violation of the creation and (or) reconstruction of the object of the concession agreement by fault of the concessionaire; (In the wording of federal laws dated 30.06.2008. N 108-FZ; dated 21.07.2014. N 265-FZ) 2) the use (operation) of the concession contract object for purposes not fixed by the concession agreement, violation of the use (operation) of the concession contract object; 3) resulting in significant damage to the concessionaire's failure to perform the activities under the concession agreement; (In the wording of the Federal Law dated 21.07.2014. N 265-FZ) 4) termination or suspension by the concessionaire of activities under the concession agreement without the consent of the assignor, except as provided for in article 13, part 3-7 of this Federal Law, as well as the provisions of other normative legal acts; (as amended by the Federal Law of July 21, 2014). N 265-FZ) 5) failure or improper performance by the concessionaire of obligations established by the concession agreement to provide citizens and other consumers with goods, works, services, including water services, (...) (...) 2-1. Substantial breaches of the terms of the concession agreement by the assignor are: 1) failure to comply with the obligation to transfer the concession contract to the concessionaire; 2) The concessionaire is subject to a concession agreement that does not meet the terms of the concession agreement (including the description, the technical and economic indicators, the purpose of the concession agreement object), in the event that such non-conformity is identified in the concession contract. within one year of signing by the parties The concession agreement, the concession contract, could not be identified in the concession of the concessionaire and arose through the fault of the assignor; (3) failure to meet the obligations of the assignor in respect of its costs. The creation and (or) reconstruction of the concession agreement object, the use (operation) of the concession contract or the payment of the assignor's assignor under the concession agreement. (In the wording of Federal Law No. N 38-FZ) (Part added-Federal Law of 02.07.2010 N 152-FZ 3. Concession agreement other than the specified in parts 2 and 2 to 1 of this article may determine the actions (omissions) of the assignor or the concessionaire that constitute a fundamental breach. the terms of the concession agreement. (In the wording of the Federal Law of 02.07.2010) N 152-FZ 4. The reason for the termination of the concession agreement is the lack of conformity of the reorganization or reorganization of the legal person-the concessionaire to the requirements of the Federal Law and the competition document. (In the wording of Federal Law No. N 108-FZ) 5. In the event of the early termination of the concession agreement, the concessionaire may require from the assignor the establishment and (or) reconstruction of the facility of the concession agreement, except for the costs incurred by the concessionaire of the costs of the concession contract. (or) Renovation of the concession contract. In the event that the concessionaire undertakes the activities under the concession agreement, the concessionaire's implementation of the goods produced, the performance of the works, the services shall be performed at the regulated prices (tariffs) and (or) taking into account the activities of the concessionaire. The provisions of the United Nations Convention on the Law of the Sea and on the financing of the Russian Federation THE RUSSIAN FEDERATION The termination of the concession agreement. The procedure and the time limit for the implementation of the compensation shall be determined in accordance with the terms of the concession agreement. (Part of the addition is the Federal Law of 02.07.2010. N 152-FH) Article 16. Liability of the parties to the concession agreement 1. The parties to the concession agreement shall be liable for non-execution or improper performance of their obligations under the concession agreement provided for by this Federal Law, other federal laws and Concession agreement. (In the wording of Federal Law No. N 108-FZ) 2. Compensation by the parties to the concession agreement and the payment of liquidated damages in the event of default or improper performance of the obligation under the concession agreement shall not absolve the party of the concession agreement from the performance of that obligation in the concession contract. in kind. (...) (...) N 108-FZ; in the wording of Federal Law of 02.07.2010. N 152-FH) Article 17. Disputes between the assignor and the concessionaire may be settled in accordance with the law of the Russian Federation. class="ed"> (In the revision of the Federal Law of 30 June 2008) N 108-FZ) Chapter 2. Assurance of the rights and legitimate interests of concessionaires Article 18. Performance warranties of activities covered by the concession agreement 1. In carrying out the activities provided for in the concession agreement, the concessionaire shall be guaranteed the protection of its rights and lawful interests in accordance with the Constitution of the Russian Federation, international treaties of the Russian Federation, and hereby: OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. The concessionaire shall have the right to compensation for damages suffered as a result of unlawful actions (inaction) of State authorities, local self-government bodies or officials of these bodies, in accordance with Civil Code. 3. In the case of the concessionaire's implementation of the goods produced, the performance of the works, the provision of services at regulated prices (tariffs) or the price premiums (tariffs), the authorities in the area of price regulation (tariffs) set prices (tariffs) and Prices (tariffs) for goods produced and sold by the concessionaire, the work performed, the services rendered in accordance with the investment concession agreement and the timing of their implementation in the establishment and (or) reconstruction of the facility of the concession agreement, as well as the modernization and replacement of the other to the concessionaire under the concession contract of property, improvement of its characteristics and performance. (Part of the addition is the Federal Law of 30 June 2008). N 108-FZ) 4. The transfer of ownership of the object of the concession agreement to the other owner is not a ground for modification or termination of the concession agreement. (Part of the addition is the Federal Law of 02.07.2010. N 152-FH) Article 19. Guarantees of equal rights of concessionaires Concessionaires, including concessionaires-foreign legal entities, are guaranteed equal rights under the law of the Russian Federation, the legal regime of activities excluding The application of discriminatory measures and other measures that prevent concessionaires from freely disposing of investments and resulting from the implementation of products and proceeds of the concession agreement. Article 20. Guarantees of the rights of the concessionaire (In the wording of the Federal Law of 02.07.2010) N 152-FZ) 1. In the event that federal laws and (or) other regulatory legal acts of the Russian Federation, the constituent entities of the Russian Federation and the local self-government bodies increase the total tax burden on the concessionaire or the deterioration, The provisions of the concessionaire in such a way that it is to a large extent deprived of what was entitled to expect in the conclusion of the concession agreement, including establishing a regime of prohibitions and restrictions on the concessionaire's deteriorating conditions. Regulations in relation to the regime in force in accordance with the regulations OF THE PRESIDENT OF THE RUSSIAN FEDERATION Goods, performance, services at regulated prices (tariffs) of not less than the volume originally defined by the concession agreement. As measures to ensure the return on investment of the concessionaire and the receipt of gross proceeds (revenue from the sale of goods produced, performance of works, services at regulated prices (tariffs), at least, initially A certain concession agreement, the assignor has the right to increase the amount of the assignor's assignor under the concession agreement, the duration of the concession agreement with the consent of the concessionaire, the amount of the cost of the creation and (or) the reconstruction of the concession agreement object, as well as to provide the concessionaire Additional State or municipal guarantees. The quality requirements and consumer properties of the concession agreement are not subject to change. The provisions of this part of the obligation of the assignor to take measures to ensure that the concessionaire receives the gross proceeds (revenue from the sale of goods produced, performed works, services at regulated prices (tariffs)), apply in case of change, adjustment of prices (tariffs) of the concessionaire for the failure of the concessionaire established by the concession agreement the planned values of reliability, quality, energy efficiency of the facilities centralized hot water supply systems, cold water and (or) running water, planned values for reliability and energy efficiency of heat supply facilities. The procedure for the adoption of the measures referred to in this part and the corresponding changes shall be established by the concession agreement. (In the wording of the Federal Law No. N 265-FZ) 2. The provision on modification of the terms of the concession agreement specified in part 1 of this article shall not apply in the case of a modification of the technical regulations, a different regulatory act of the Russian Federation regulating relations of protection. The Subsoil, the Environment, the Health of Citizens. 3. In the event that, during the term of the concession agreement, under which the concessionaire provides goods, work, services at regulated prices (tariffs) and (or) taking into account regulated prices (tariffs), The terms of such concession agreement shall be amended upon the request of the concessionaire to establish the rules or to make the modifications required by Parts 1 and 2 of this Article. 4. In the event that, during the term of the concession agreement, under which the concessionaire provides goods, work, services at regulated prices (tariffs) and (or) taking into account regulated prices (tariffs), The regulated prices (tariffs), the price mark-up (tariffs) are established with the application of the long-term parameters of the regulation of the concessionaire's activities, which do not meet the parameters set out in the concession agreement, the terms of this The concession agreement should be amended at the request of the concessionaire. (Part of the addition is the Federal Law of 02.07.2010. N 152-FZ) 5. In the event that the object of the concession agreement is the property referred to in article 10, paragraphs 1 to 2, of this Federal Act, the investment programmes of the concessionaire must be established in accordance with the law of the Russian Federation. Contain the activities included in the concession agreement in accordance with article 10, paragraph 2, of this Federal Act. The amount of financial requirements necessary for the implementation of selected activities of the investment programmes of the concessionaire shall be determined in accordance with the regulatory legal acts of the Russian Federation in the area of heat supply, water supply and water supply. Water. (Part of the addition is the Federal Law of July 7, 2013. N 103-FZ) 6. In the event that the object of the concession agreement is the property referred to in article 10, part 1-2 of this Federal Law, the establishment, modification, adjustment of regulated prices (tariffs) for goods produced and sold by the concessionaire, The services provided are carried out according to the rules in force at the time of the conclusion of the concession agreement and the federal laws, other regulatory legal acts of the Russian Federation and the laws of the constituent entities of the Russian Federation, Other normative legal acts of the constituent entities of the Russian Federation THE RUSSIAN FEDERATION, THE RUSSIAN FEDERATION (Part of the addition is the Federal Law of July 7, 2013. N 103-FZ) 7. Under the agreement of the parties to the concession agreement and in agreement with the executive authority or the local self-government body responsible for the regulation of prices (tariffs) in accordance with the legislation of the Russian Federation in the sphere The regulation of prices (tariffs), establishment, modification, adjustment of regulated prices (tariffs) for goods produced and sold by the concessionaire shall be provided until the end of the term of the concession agreement by the rules, applicable at the time of fixing, adjusting, adjusting prices OF THE PRESIDENT OF THE RUSSIAN FEDERATION Self-governance. The procedure for this agreement and its criteria is determined by the regulatory legal acts of the Russian Federation in the area of heat supply, water supply and water supply. (Part of the addition is the Federal Law of July 7, 2013. N 103-FZ Chapter 3. The order of conclusion of the concession agreement Article 21. A contest to conclude a concession agreement 1. Competition for the conclusion of the concession agreement (hereinafter referred to as the competition may be submitted by any person) or closed (applications for participation in the competition may be submitted by the person to whom the invitations are issued To participate in such a competition, in accordance with the decision on the conclusion of the concession agreement. 2. A closed competition is held in the event that the concession agreement is concluded with respect to the subject of the concession agreement, the details of which constitute the State secret, as well as the object of the concession agreement with strategic importance. The importance of the defence and security of the State, except in the cases provided for by the legislation of the Russian Federation in the area of water supply and drainage. The law of the Russian Federation on state secrets should be observed by the assignor, the tender commission and the participants in the closed competition. The information, which is classified under Russian law as a State secret, is not subject to publication in the mass media, the placement of in the Internet Information and Telecommunications Network and The inclusion in the communication of a competition issued to persons in accordance with the decision on the conclusion of the concession agreement. (In the wording of the federal laws of July 7, 2013). N 103-FZ; dated 21.07.2014. N 265-FZ) 3. When conducting an open competition, the information and protocols of the competition commission, as stipulated in articles 24-26, 28, 29, 31, 33-35 of this Federal Law, are to be placed on the official website of the Internet Information and Telecommunications Network (Internet). For the placement of information on tendering as determined by the Government of the Russian Federation. Information on the holding of an open competition should be made available to anyone without charge. (In the wording of the Federal Law No. N 265-FZ) 3-1. The minutes of the competitive commission provided for in articles 28, 29, 31, 33 and 34 of this Federal Act are posted on the official website of the Internet Information and Telecommunications Network, in the order established in Part 3 of this article, in the three days from the date of their signature. (Part of the addition is the Federal Law of 30 June 2008). N 108-FZ) (In the wording of the Federal Law of July 21, 2014). N265-FZ 4. (Spconsumed by Federal Law of 07.05.2013) N 103-FZ) 5. Following the placement of the information on the tender for the concession agreement, the assignor is obliged to provide an exhaustive list of information and documents to the pre-selection contest participant on the object of the concession contract. The Convention on the Rights of the Child and the Convention on the Rights of the Child (art. (Part of the addition is the federal law of 21.07.2014. N 265-FZ) Article 22. Decision on the conclusion of the concession agreement 1. The decision on the conclusion of the concession agreement is taken in the light of the requirements established by the budgetary laws of the Russian Federation: (In the wording of federal laws dated 28.12.2013. N 438-FZ; dated 21.07.2014. N 265-FZ) 1) for the objects of the concession agreement, the ownership of which belong to the Russian Federation, with the exception of the facilities of the concession agreement provided for in paragraph 2 of this Part,- The Government of the Russian Federation; 2) in respect of the facilities of the concession agreement, which are of strategic importance for the defence and security of the State, by the Government of the Russian Federation, by the Government of the Russian Federation of the Russian Federation; 3) with regard to facilities The concession agreement, the ownership of which belongs to the constituent entity of the Russian Federation, the State authority of the constituent entity of the Russian Federation; 4) with respect to the objects of the concession agreement, the right to own property, That belong to the municipal education, the local government. 2. The award of the concession agreement shall be established: 1) the terms of the concession agreement pursuant to Article 10 of this Federal Law (hereinafter referred to as the conditions of the competition); 2) the criteria Contest and parameters of the contest criteria; 3) the type of competition (open competition or closed competition); 4) a list of persons who are invited to participate in the competition-in the event of a closed contest; 5) date of publication in official publication, The official website of the information and telecommunication network "Internet" of the communication about holding an open competition or in the event of holding a closed competition, the deadline for sending a closed competition with an invitation to take part in the competition The closed competition was determined by the decision on the conclusion of the concession agreement to the persons; (In the wording of the Federal Law of 21.07.2014). N 265-FZ) 6) the authority authorized by the assignor to: (a) to approve the tender documentation, to make changes to the tender documents other than those established in accordance with the decision on the conclusion of the concession Agreement of provisions of the competitive documentation; b) creation of a tender commission for the competition (hereinafter-the competitive commission), approval of the personal composition of the tender commission. Federal Act dated 30 June 2008 N 108-FZ) 2-1. In the event that the concessionaire undertakes the activities under the concession agreement, the concessionaire's implementation of the goods produced, the performance of the works, the services shall be performed at the regulated prices (tariffs) and (or) taking into account the activities of the concessionaire. In accordance with the provisions of the Convention on the Rights of the Russian Federation, the Office of the President of the Republic, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, by the executive branch or the local authorities The regulation of prices (tariffs) in accordance with the legislation of the Russian Federation in the sphere of price regulation (tariffs). (Part of the addition is the Federal Law of 02.07.2010. N 152-FZ) (In the wording of the Federal Law of 07.05.2013 N 103-FZ) 2-2. If necessary, transfers to the concessionaire of the property referred to in article 4, paragraph 1, of this Federal Act and of the concession contract subject to the concession contract, and other transfer by the concessionaire to the concessionaire under the concession contract, The agreement of the property which, at the time of the decision on the conclusion of the concession agreement belongs to the State budget institution under the law of operational management, shall be decided upon by the decision on the conclusion of the concession agreement The period of acceptance by the authorized body of State authority, The decision to terminate the right of the operational management of such an institution to the assets in question, which is a function of the provision of public services and the management of State property in the relevant sphere of activity. The decision to terminate the right of prompt administration of such an institution to such property shall be made subject to the requirements laid down in article 8, paragraph 5, of this Federal Act. (Part supplemented-Federal Law of 25.04.2012. N 38-FZ) 2-3. In the event that the object of the concession agreement is the property referred to in article 10, paragraphs 1 to 2 of this Federal Act, the concession agreement shall be determined by the decision of the assignor, together with the provisions of Part 2 of this article. The information is set to: 1) the job being formed in accordance with Part 2-4 of this Article, and the minimum permissible values for the performance of the concessionaire; 2) by participants in the tender for the invitation of the The establishment and (or) reconstruction of the concession agreement object, ensuring that the objectives and the minimum permissible values of the performance of the concessionaire are met, describing the main characteristics of the concessionaire. activities. (Part added-Federal Law of 07.05.2013 N 103-FZ) 2-4. The mission is formed on the basis of approved heat supply schemes, water supply and drainage schemes of settlements and urban districts in order to meet the objectives and targets for the development of the heat supply systems and (or) water supply systems, and Water management of settlements and urban districts, centralized and non-centralized water supply zones, the boundaries of the planned heat supply zones and (or) centralized hot water supply, cold water and (or) water supply, as well as on the basis of consumption forecast data Thermal energy, heat carrier and (or) hot water, drinking water, technical water, quantity and composition of waste water. The job must contain the required thermal capacity, the required capacity (load) of water networks, sewage networks and facilities at certain points of supply, points of connection (technological adherence), points Reception, entry points, points of reference, commissioning dates and decommisation. The assignment cannot contain requirements that limit the access of any part of the competition to participate in the competition and (or) who are creating the contest participants. (Part of the addition is the Federal Law of July 7, 2013. N 103-FZ 3. In the event that a federal law provides for the conclusion of a concession agreement without a competition, the concession agreement shall be determined by the terms of the concession agreement, the terms of the concession agreement, and the terms of the concession agreement. and requirements for the concessionaire. 4. The decision on the conclusion of the concession agreement may be appealed in accordance with the procedure provided for in the legislation of the Russian Federation. Article 23. Competing documentation 1. The contest documentation should contain: 1) the terms of the competition; (In the wording of Federal Law No. N 108-FZ ) (2) composition and description, including techno-economic indicators, concession contract object and other transfer by assignor to the concessionaire; class="ed"> (In the version of the Federal Law of 02.07.2010) N 152-FZ) 3) requirements for bidders (including qualification, professional, business) and for pre-selection of participants competitions; 4) the criteria of the competition and the criteria established in accordance with articles 2 to 2, 3 and 4 of this Federal Law; (in the wording of the Federal Law from 07.05.2013 N103-FZ) 5) an exhaustive list of documents and materials and their presentation by applicants, bidders, including documents and materials confirming: a) Complainants 'compliance with the requirements, the competitive documentation and the contest participants' eligibility; (b) conformity of applications for competition and competitive bids with the requirements established by the competition documents; in) the information contained in the competition sentences; (Paragraph as amended by Federal Law No. N 108-FZ ) 6) the period of publication, posting of a tender or the transmission of the communication to persons pursuant to a decision on the conclusion of the concession agreement, at the same time as the invitation to participate in the Contest; 7) the procedure for submitting applications for the competition and the requirements for them; 8) place and deadline for submission of bids (dates and times of commencement and expiry of this period); 9) Order, place and time of tender documentation; 10) order Provide explanations of the provisions of the insolvency documentation; 11) an indication of the manner in which the concessionaire will ensure the performance of the obligations under the concession agreement, and, if the object of the concession agreement is the property referred to in article 10, part 1-2 of this Federal Law, the requirement to grant the winner of the competition in order to ensure the performance of the obligations under the concession agreement of an irrevocable bank guarantee in accordance with requirements in accordance with article 10, paragraphs 4 and 4, of the present Federal law, but not less than a certain tender documentation; (In the wording of the Federal Law of 07.05.2013). N 103-FZ) 12) the amount of the deposit that is made to enforce the obligation of the conclusion of the concession agreement (hereinafter referred to as the deposit), the order and date of the deposit, the details of the accounts to which the deposit is made; 13) The size, shape or form of the concession payment, the order and the time frame for its application, except as provided for in article 7, part 1, of this Federal Act (provided that the amount of the concession payment is not the same as that of the (In the wording of the Federal Law dated 30 June 2008 N 108-FZ ) 14) Order, place and deadline for bids (dates and times of the start and end of this period); 15) the order and duration of the change and (or) withdrawal of bids and invitations sentences; 16) the order, place, date and time of the opening of the envelopes with applications for participation in the competition; 17) the procedure and date for the pre-selection of bidders, the date of the signing of the protocol the pre-selection of bidders; 18) Order, Place, Date class="ed"> or dates in the event that the tender documentation provides for the submission of bids in two separate sealed envelopes under Part 1 of Article 30 of this Federal Law, and the time of opening of envelopes with competitive offers; (In the wording of Federal Law No. N 108-FZ ) 19) the procedure for the review and evaluation of bids; 20) the procedure for determining the winner of the contest; 21) the time frame for the signature of the competition protocol; 22) Signing the concession agreement; (In the wording of Federal Law No. N108-FZ ) 23) requirements for the winner of the tender for the submission of documents confirming the fulfilment of the concessionaire's obligations under the concession agreement in accordance with the established The federal law means that the concessionaire's obligations under the concession agreement will be enforceable, as well as the requirements for such documents; (In the wording of the Federal Law dated 02.07.2010. N 152-FZ) 24) (Spanged by Federal Law of 30 June 2008) n 108-FZ ) 25) the duration of the transfer by the assignor to the concessionaire of the concession contract and (or) other transfer by the assignor to the concessionaire under the concession agreement of the concessionaire; Law of 02.07.2010. N 152-FZ) 26) procedures for providing information on the concession agreement object to the assignor and access to the concession contract. (The paragraph is amended by the Federal Law of July 21, 2014). N 265-FZ) 1-1. In the event that the concessionaire undertakes the activities under the concession agreement, the concessionaire's implementation of the goods produced, the performance of the works, the services shall be performed at the regulated prices (tariffs) and (or) taking into account the activities of the concessionaire. The established allowances for prices (tariffs) and the decision of the assignor have established long-term parameters for the regulation of the concessionaire's activities, and the competitive documentation should contain such parameters. (Part of the addition is the Federal Law of 02.07.2010. N 152-FZ 1-2. In the event that the concession contract is subject to the property referred to in article 10, part 1-2 of this Federal Act, the solicitation documents shall also include: 1) minimum permissible planning the values of the performance of the concessionaire and the long-term parameters for the regulation of the activities of the concessionaire in accordance with part 1 to 4 of this article; 2) the draft concession agreement and formed in accordance with Part 2-4 article 22 of this Federal Act; 3) The requirement that the participants in the competition be directed to the main activities in order to achieve the goals and minimum acceptable targets for the performance of the concessionaire, with a description of the participants the main characteristics of such activities; (4) the amount of useful thermal energy (capacity) and (or) heat transfer, or the volume of water leave and (or) running water in the year preceding the first year of the concession agreement, and as well as the forecast of the amount of useful thermal energy (capacity) and (or) Heat-medium, forecast of water leave and (or) water supply for the duration of the concession agreement; 5) energy prices in the year prior to the first year of the concession agreement and forecast of prices for Energy resources for the duration of the concession agreement; 6) loss and consumption of energy resources per unit of useful thermal energy leave (s) and (or) heat transfer per unit of water leave and (or) running water in the year preceding the first year of the concession agreements (for each type of energy resource used); 7) the level of uncontrolled expenses determined in accordance with the regulatory legal acts of the Russian Federation in the area of heat supply, water supply, and Water (excluding energy resources, concession and corporate income tax); 8) one of the tariff regulation methods provided in part 1-3 of this article; 9) (minimum and (or) maximum) values of the competition criteria, 2-5 (2)-3 of this Federal Law; 10) limit (maximum) growth of the required gross proceeds of the concessionaire from the performance of regulated activities under the regulatory framework OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION In the area of water supply and sanitation; 12) a copy prepared in accordance with the requirements of the regulatory legal acts of the Russian Federation in the field of heat supply, water supply and drainage of the technical survey report (a) Copy of annual accounting (financial) accounts for the last three reporting periods of the organization which operated the transferred assignor the concessionaire under the concession contract of property, if This organization operated the property at any point during these periods and was required to keep accounting in accordance with the laws of the Russian Federation on accounting; 14) Hosted on the official website copies of price (tariffs) proposals made to executive or local government bodies that regulate prices (tariffs) OF THE PRESIDENT OF THE RUSSIAN FEDERATION Regulation of prices (tariffs), for the last three years of regulation of the operation of the organization in operation of the concession contract transferred by the assignor to the concessionaire, should such proposals exist. The parameters referred to in paragraphs 1, 4 to 7, 9 to 11 of this part of the price, the values, the parameters are determined in accordance with the regulatory legal acts of the Russian Federation in the field of heat supply, water supply and water supply. The competent authority of the executive branch of the constituent entity of the Russian Federation submits, at the request of the assignor, in accordance with the procedure established by the regulatory legal acts of the Russian Federation in the sphere of heat supply, water supply and water supply, prices, Values, values, parameters referred to in paragraphs 1, 4 to 7, 9 to 11 of this part. (In the wording of the Federal Law No. N 265-FZ) (Part added-Federal Law of 07.05.2013 N 103-FZ 1-3. The assignor establishes in the tender documentation, in coordination with the authorized body of the executive authority of the subject of the Russian Federation, the method of ensuring the return of the invested capital, method of return of the invested capital or method indexation of established tariffs, method of indexation. The said harmonization shall be carried out in accordance with the procedure established by the Government of the Russian Federation. (Part of the addition is the Federal Law of July 7, 2013. N 103-FZ) 1-4. The competitive documentation shall also be established by agreement with the authorized body of the executive branch of the constituent entity of the Russian Federation or the local self-government body responsible for regulating prices (tariffs) in accordance with of the Russian Federation in the sphere of State regulation of prices (tariffs), the following long-term parameters of the regulation of the activity of the concessionaire: 1) the size of the invested capital, the period of return of investment capital in case of competitive documentation provides a method to ensure the return of investment capital or the method of return on invested capital; 2) other than in accordance with Part 2-4 of Article 24 of this Federal Law, the criteria of the competition are long term Parameters for the regulation of the concessionaire (except for changes in the costs associated with the supply of the relevant goods, services) for the method of regulation of the tariffs in accordance with the regulatory framework OF THE PRESIDENT OF THE RUSSIAN FEDERATION Water supply and sanitation sector. (Part added-Federal Law of 07.05.2013 N 103-FZ 1-5. The harmonization of the long-term parameters of the regulation of the concessionaire in part 1 to 4 of this article shall be in accordance with the procedure established by the Government of the Russian Federation. (Part of the addition is the Federal Law of July 7, 2013. N 103-FZ) 1-6. In the event that the object of the concession agreement is the property referred to in article 10, part 1, paragraph 2, of this Federal Act, the requirements set out in paragraph 3 of part 1 of this article shall be applicable to the participants in the competition, are being installed. (Part of the addition is the Federal Law of July 7, 2013. N 103-FZ) 2. In the event that the criterion is set out in article 24, paragraph 2 (2), of this Federal Act, the competition document shall be required to submit a tender for the competition proposal containing the architectural, functional-technological, design and engineering solutions to ensure the creation and (or) reconstruction of the concession agreement object, as well as requirements for documents and materials confirming the contestants ' compliance proposals by the established competitive solicitation documents and of the information contained in the tender proposal. (In the wording of Federal Law No. N 108-FZ 3. Competition documentation should not include requirements for participants in the competition, unduly restricting the access of any part of the competition to the competition and (or) creating a pre-emptive condition for participation in the competition. 4. In the case of an open competition, the assignor places the solicitation documents on the official site of the Internet Information and Telecommunications Network within the time limit provided for in article 26, paragraph 1, of this Federal Act, at the same time as The posting of an open competition. Competitive documentation, posted on the official website of the Internet Information and Telecommunications Network, should be available for consultation without charge. From the date of publication in a certain official website of an official posting and posting on the official website of the "Internet" information and telecommunications network of the holding of an open contest, a tender commission is obliged on the basis of Written statements made by any interested person to provide the person with competitive documentation in the order and time specified in the communication of the holding of the open competition. In the case of a closed competition, the tender commission is obliged to provide a tender documentation to the persons who are invited to take part in the closed competition, in the order and on the date set by the competitive bidding process. documentation. In so doing, the solicitation documents shall be made in writing after the payment of the fee, if such payment is made and the indication thereof is provided in the communication of the holding of the tender. (In the wording of Federal Law No. N 108-FZ; dated 21.07.2014. N 265-FZ) 5. The assignor or the selection commission are required to provide in writing an explanation of the provisions of the solicitation documents at the request of the applicant, if such requests have been made to the assignor or to the competitive commission not later than 10 working days prior to the date of submission of the request to the insolvency representative. The deadline for the submission of applications for participation in the competition was ended. Explanations of the provisions of the solicitation documents shall be communicated by the assignor or the tender commission to each applicant within the time limit prescribed by the solicitation documents, but not later than five working days before the expiry of the deadline Submission of applications for participation in the competition with the application of the content of the request without specifying the applicant from whom the request was made. In the case of an open competition, the explanation of the provisions of the solicitation documents with the application of the content of the request, without specifying the applicant from which the request was made, shall also be posted on the official website in Information and telecommunications network "Internet". The requests made by claimants in this part and the explanation of the provisions of the solicitation documents at the request of the claimants with the application of the contents of the request without specifying the applicant The request may also be submitted to them in electronic form. (In the wording of federal laws of 30.06.2008) N 108-FZ; dated 21.07.2014. N 265-FZ) 6. The assignor has the right to make changes to the competitive documentation, provided that the deadline for submission of bids or bids is mandatory at least thirty working days from the date of such changes. A communication to amend the solicitation documents within three working days from the date of their submission shall be made public by a tender commission in an official publication by the assignor, posted on the official website in Information and telecommunications network "Internet" or is sent to the personswho are invited to participate in a closed contest. (In the wording of federal laws of 30.06.2008) N 108-FZ; dated 21.07.2014. N 265-FZ) 7. In the event that the object of the concession agreement is the property referred to in article 10, part 1, paragraph 2, of this Federal Act, when proposals are made to amend the tender documentation, including the modification of the concession project, Agreements, to the assignor or to the tender commission they post on an official site in the Internet or telecommunications network "Internet" or send all persons who are invited to take part in a closed contest within three working days from the date of receipt of the proposals, information on acceptance or both Rejection of submitted proposals for changes in the solicitation documents, together with reasons for their acceptance or rejection. If the assignor has accepted the proposals submitted, it shall amend the solicitation documents accordingly. Within three working days of the date of amendment, a communication about their inclusion shall be made public by a tender commission in a designated official and placed on an official website in information and telecommunications The Internet is sent to persons who are invited to participate in a closed competition. At the same time, the deadline for submission of applications for participation in the competition or tender offers is extended by not less than thirty working days from the date of amendment. (Part of the addition is the Federal Law of July 7, 2013. N 103-FZ) (In the wording of the Federal Law of July 21, 2014). N 265-FZ) Article 24. Contest criteria 1. The criteria for the competition are set by the award of the concession agreement and are used to evaluate bids in the manner prescribed by articles 32 and 33 of this Federal Law. (In the wording of Federal Law No. N 108-FZ) 2. As criteria for the competition, unless the object of the concession agreement is the property referred to in article 10, part 1-2 of this Federal Act, it may be established: (In the wording of Federal Law dated 07.05.2013 N 103-FZ) 1) the time frame for the creation and (or) reconstruction of the concession agreement object; 2) the period from the signing of the concession agreement to the date on which the established and (or) reconstructed concessional facility was established The agreement will be in accordance with the technical-economic indicators set out in the concession agreement; 3) the technical and economic indicators of the concession contract; 4) the volume of production of goods, the performance of the works, of the International Convention on the under the concession agreement; 5) from the date on which the concession agreement was signed to the date on which the goods were produced, the performance of the work, the provision of services in the performance of the concession agreement, will be implemented at the level established by the concession agreement; 6) the size of the concession fee; 7) limit prices (tariffs) for goods produced, the services provided, the mark-up at such prices (tariffs) in the implementation of the The concession agreementand (or) the long-term parameters of the concessionaire's performance management; (In the wording of the Federal Law dated 02.07.2010 y. N 152-FZ 8) obligations assumed by the concessionaire in cases of underutilization of planned income from the use (operation) of the concession agreement object, the occurrence of additional The costs of establishing and (or) reconstructing the concession agreement object, the use (operation) of the concession agreement object. (amended by the Federal Law of 25.04.2012). N 38-FZ) 2-1. In the event that the condition of the concession agreement is to accept part of the costs of the establishment and (or) reconstruction of the concession agreement, the use (operation) of the concession agreement object or payment of the assignor by the assignor, the amount of such expenses of the assignor and the payment of the assignor under the concession agreement should be established as criteria for the award. (Part of the addition is the Federal Law of 30 June 2008). N 108-FZ) (In the wording of Federal Law No. N 38-FZ) 2-2. In the event that the concession contract condition is the obligation of the concessionaire to prepare the project documentation of the concession agreement, the quality of the architectural, A functional-technological, constructive or engineering solution to ensure the creation and (or) reconstruction of the concession agreement object. In so doing, a factor that takes into account the significance of such a criterion may not be more than two tenas. (Part of the addition is the Federal Law of 30 June 2008). N 108-FZ) 2-3. In the event that the concession agreement is subject to the property referred to in article 10, part 1, paragraph 2, of this Federal Act, the criteria for the award shall be: 1) The establishment and (or) reconstruction of the concession agreement object to be performed by the concessionaire for each year of the concession agreement; (2) the volume of expenditures financed from the assignor's funds, the establishment and (or) reconstruction of the concession agreement object for each The year of the concession agreement, in the event that the concession agreement is concluded, the tender documentation provides for the acceptance by the assignor of the costs of the creation and (or) reconstruction of the facility; 3) The amount of expenditure financed from the assignor's account for the use (operation) of the concession agreement for each year of the concession agreement in the event that the concession agreement is concluded by a competitive bidding process. the cost of the project is the following: use (operation) of this facility; 4) long-term parameters of the concessionaire's performance under Part 2-4 of this Article; 5) the performance targets the concessionaire; 6) the payment of the assignor if the criteria in paragraphs 2 and 3 of this part are not established as the criteria for the competition, and if the concession agreement is reached, The tender documentation provides for the payment of the assignor. (The paragraph is amended by the Federal Law of July 21, 2014). N 265-FZ) N 103-FZ) 2-4. The long-term parameters for regulating the activities of the concessionaire, which in accordance with Part 2 to 3 of this Article shall be established as the criteria of the competition, are: 1) the base level of the operating system expenditure; (2) energy efficiency and energy efficiency indicators; 3) the return on investment ratio, the regulation of net working capital in the event of a method of enforcement returns on invested capital or method of return of invested capital; 4) the standard rate of return if the competitive documentation includes the method of indexation of established tariffs or method of indexation. (Part padded-Federal Law of 07.05.2013 N 103-FZ) 3. The following parameters are set for each of the requirements of Part 2 or 2-1 of this article: (In the wording of the Federal Law , dated 07.05.2013 N 103-FZ) 1) the starting condition as a numeric value (hereinafter referred to as the initial value of the contest criterion); (Federal laws dated 30 June 2008 N 108-FZ; of 25.04.2012 N 38-FZ) 2) Reduce or increase the initial value of the tender criteria in the tender; 3) a factor that takes into account the relevance of the competition criteria. 4. The values of the coefficients that take into account the relevance of the criteria of the competition set out in parts 2, 2 to 1 and 2 to 2 of this article may vary from zero to one, and the sum of the values of all coefficients shall be equal to one. For the criteria of the competition referred to in Part 2-3 of this Article, the parameters of the competition criteria provided for in part 3 of this article shall not be established. (In the wording of the Federal Law of 07.05.2013) N 103-FZ) 5. In the event that part 2-2 of this article is established, the evaluation of bids submitted in accordance with such a criterion shall be evaluated in accordance with the procedure established by article 32 of this Federal Act. of the law. (Part of the addition is the Federal Law of 30 June 2008). N 108-FZ) 6. The use of the criteria of the competition not covered by this article shall not be permitted. (Part of the addition is the Federal Law of 30 June 2008). N 108-FZ) Article 25. Competition Commission 1. A competitive commission shall be established in accordance with article 22 of the present Federal Law. The number of members of the tender commission may not be less than five persons. The Competition Commission shall be entitled to take decisions if at least fifty per cent of the total number of its members is present at the meeting of the tender commission, each member of the tender commission shall have one vote. The decisions of the competitive commission shall be made by a majority of votes of the members of the tender commission that participated in its meeting. In the case of an equal number of votes, the vote of the chairman of the tender commission shall be considered decisive. The decisions of the competitive commission are drawn up by the protocols signed by the members of the tender commission who participated in the meeting of the tender commission. The Competition Commission has the right to involve independent experts in its work. (In the wording of Federal Law No. N 108-FZ) 2. Members of the competition commission, independent experts may not be citizens who submitted applications for participation in the competition or in the state of the organizations that submitted applications for participation in the competition, or citizens who are shareholders (participants) of these organizations, members of their management bodies or affiliated persons of the contest participants. In the case of the identification of such persons as part of the competition commission, the assignor replaces them by other persons. (In the wording of Federal Law No. N 108-FZ 3. The Competition Commission performs the following functions: 1) publishes and posts a contest (open tender); 2) directs persons in accordance with the decision on the conclusion of the concession The agreement to hold the competition at the same time as an invitation to take part in the tender (when holding a closed contest); 3) publish and post a communication about changes to the competition documents, and also directs the communication to persons pursuant to the decision Concession agreement; 4) accepts requests for participation in the competition; 5) provides competitive documentation, explanation of the provisions of the tender documentation pursuant to Article 23 of the present Federal Law; (In the wording of Federal Law No. N 108-FZ) 6) performs the opening of envelopes with applications for participation in the competition, as well as consideration of such applications in accordance with the procedure established by article 29 of this Federal Law; of 30.06.2008 N 108-FZ) 6-1) examines documents and materials submitted by applicants, bidders in accordance with the requirements established by the solicitation documents pursuant to article 23, paragraph 5, of the Convention of this Federal Act and the veracity of the information contained in these documents and materials; (Paragraph added: June 30, 2008 N 108-FZ)6-2) establishes the applicant's compliance and applications submitted to the competition for the requirements established by this Federal Law and the competitive documentation, and the conformity of the competitive process Proposals to the criteria of the competition and the requirements; (Paragraph added is the Federal Law of 30 June 2008). N 108-FZ) 6-3) where necessary, requests and receives information from relevant authorities and organizations in order to verify the accuracy of the information submitted by the applicants, the participants in the competition of information; (Paragraph added-Federal law dated 30.06.2008. N 108-FZ) 7) decides on the applicant's admission to the competition and the applicant's admission to the competition or refusal to allow the applicant to participate in the competition and forwards the applicant to the competition Relevant notification; (In the wording of Federal Law No. N 108-FZ ) 8) determines the contest participants; 9) sends invitations to the bidders to submit bids, reviews and evaluates bids for, including Evaluates the bids in points according to the criteria of the competition provided for in part 2-2 of Article 24 of this Federal Law; (In the wording of Federal Law of 30.06.2008 y. N 108-FZ ) 10) determines the winner of the contest and sends him a notification of recognition by the winner; 11) signs the protocol of envelope opening with applications for participation in the competition, protocol Pre-selection of bidders, the protocol of opening of envelopes with competitive bids, a protocol for the review and evaluation of bids, a protocol on the results of the competition; (In the wording of the Federal Law dated 06/30/2008 N 108-FZ ) 12) notifies contest participants of the results of the contest; 13) publishes and reports the results of the competition. Article 26. A message about the competition 1. The tender is published by a tender commission in an official edition and posted on the official website on the Internet Information and Telecommunications Network (open source) In accordance with the decision on the conclusion of the concession agreement, at the same time as the invitation to take part in the competition (holding a closed contest) within the deadline established by the tender documentation, but not less than 30 working days before the deadline for submission of applications Participation in the competition. In the wording of the Federal Law of 21.07.2014 N 265-FZ) 2. The Competition Commission has the right to publish a communication about the holding of a competition in any media, including electronic media, provided that such publication cannot be carried out in lieu of Part 1 of this Article published in the official publication and posting on the official website in the Internet Information and Telecommunications Network. (In the wording of Federal Law dated 21.07.2014 N265-FZ 3. The announcement of the competition should include: 1) name, location, postal address, account details, telephone numbers of the assignor, the address of his official site in the information and telecommunications network "Internet", data of officials and other similar information; (In the wording of the federal laws of June 30, 2008). N 108-FZ; dated 21.07.2014. N 265-FZ 2) the concession contract object; 3) the duration of the concession agreement; 4) requirements for the bidders; 5) the criteria for the competition and their parameters; 6) Order, place and deadline for the award of the competition documents; (In the wording of Federal Law No. N 108-FZ) 7) the amount of the fee charged by the assignor for the provision of the solicitation documents, the procedure and the time frame for its introduction, if such payment is made. Such a charge shall not exceed the cost of making copies of the tender documentation and sending them by mail; (Federal Act dated 06/30/2008 N 108-FZ ) 8) location, postal address, telephone numbers of the tender commission and other similar information about it; (In the wording of Federal Law dated 30 June 2008 N 108-FZ ) 9) Order, place and deadline for submitting applications for participation in the competition (dates and times of the beginning and expiry of this period); 9-1) the size of the deposit, order and dates of its submission, account details, which makes a deposit; (The paragraph is supplemented by the Federal Law of 30 June 2008). N 108-FZ ) 10) Order, place and deadline for the submission of bids (date and time of the beginning and expiry of this period); 11) the place, date and time of the opening of the envelopes with the application for participation in the tender; 12) place, date and time of opening of envelopes with bids; 13) the order of the winner of the contest; 14) the period of signing by members of the tender commission of the protocol on the results of the contest; 15) The period of signature of the concession agreement. (In the wording of Federal Law No. N 108-FZ) Article 27. Submission of applications for competition 1. Requests for participation in the competition shall be in accordance with the requirements set out in the tender documentation and shall contain documents and materials, the competitive documentation provided and the applicants ' compliance requirements for competition participants. The applicants may be persons referred to in article 5, paragraph 2, of this Federal Act. (In the wording of Federal Law No. N 108-FZ) 2. The deadline for submission of applications for participation in the competition shall be at least thirty working days from the date of publication and posting of the announcement or from the date of such communication to the persons in accordance with the decision Concession agreement with the invitation to take part in the competition. 3. The application for participation in the competition shall be made in written form in Russian in two copies (original and copy), each of which shall be certified by the applicant's signature, and shall be submitted to the tender commission in the order established by the applicant. in a sealed envelope, in a sealed envelope. The application for participation in the competition shall be accompanied by the certification signed by the applicant of the documents and materials submitted by the applicant, the original of which remains in the competition commission, copy to the applicant. 4. The application submitted to the tender commission for participation in the contest is to be registered in the application log under the serial number, specifying the date and the exact time of its presentation (hours and minutes) in order to avoid coincidence of this time with time Submission of other applications for participation in the competition. A copy of the documents and materials submitted by the applicant shall be marked with the date and time of the submission of the application for participation in the tender and the number of the application. 5. The envelope with the application for participation in the tender, submitted to the tender commission upon the expiry of the deadline for the submission of applications for participation in the tender, shall not be opened and returned to the submitting applicant with the letters of the documents submitted to it, and of the materials used to mark the rejection of the application for participation in the competition. 6. If, upon the expiry of the deadline for submission of applications for participation in the competition, there are less than two applications for participation in the competition, a contest on the decision of the assignor to be taken on the day after the expiry of that period shall be declared invalid. (In the wording of Federal Law No. N 108-FZ) 7. The applicant has the right to modify or withdraw his application for participation in the tender at any time before the deadline for the submission of applications for participation in the tender. The change in the application for participation in the tender or notice of its withdrawal is deemed to be valid if the change or notification has been submitted to the tender commission before the deadline for the submission of applications for participation in the tender. Article 28. Opening Envelopes with Applications for Contest 1. Envelopes with applications for participation in the competition are opened at the meeting of the tender commission in order, on the day, during and in place, which are set by the tender documentation. In addition, they shall be declared and recorded in the opening protocol of envelopes containing applications for the name (surname, name, patronymic) and location (place of residence) of each applicant, an envelope with an application for participation in the competition , as well as information about the availability of documents and materials in the application that the applicant has provided for in the solicitation documents. (In the wording of Federal Law No. N 108-FZ) 2. Applicants or their representatives are entitled to be present at the opening of envelopes with applications for participation in the competition. Claimants or their representatives have the right to make audio recordings, video recordings, photographs. (In the wording of the Federal Law of 07.05.2013) N 103-FZ 3. All envelopes containing applications for participation in the tender, submitted to the tender commission prior to the expiration of the deadline for submission of applications for participation in the contest, are to be prepared. (In the wording of Federal Law No. N 108-FZ) Article 29. Pre-selection of participants competition 1. The pre-selection of the participants of the contest is held in the established competition documents by the competition commission, which defines: (In the wording of the Federal Law dated 30 June 2008 N 108-FZ) 1) compliance of the application for participation in the competition for requirements contained in the tender documentation. At the same time, the tender commission may require the applicant to explain the provisions of the application for participation in the competition; 2) concordat the applicant-an individual entrepreneor, legal person or The applicant for legal entities participating in the contract of a simple partnership with the requirements of the bidders, established by the competition document. At the same time, the competition commission is entitled to demand an explanation from the applicant of the provisions of the documents and materials submitted to them, confirming its conformity with the requirements specified in; (In the wording of the Federal Law dated 30 June 2008 N 108-FZ ) 3) the applicant's compliance with the requirements of the concessionaire pursuant to article 5, paragraph 2, of this Federal Law; (Paragraph added: Federal law dated 30 June 2008 N 108-FZ )4) no decision on liquidation of the applicant's legal entity or termination of the applicant's natural person as an individual entrepreneor; (Item padded-Federal Law of 30 June 2008. N 108-FZ) 5) the absence of a decision to declare the applicant insolvent and to open a competitive process to him. The paragraph is supplemented by the Federal Law of 30 June 2008. N 108-FZ 2. The Competition Commission decides, on the basis of the results of the preliminary selection of the participants of the competition, that the applicant participate in the competition or refuse to admit the applicant to the competition and make the decision by a protocol Pre-selection of the participants of the competition, including the name (for legal person) or surname, name, patronymic (for the individual entrepreneor) of the applicant who was pre-selected for the contest and admitted to the contest. Participation in the competition, as well as the name (for legal person) or family name, The name, patronymic (for the individual entrepreneor) of the applicant who did not pre-select the participants of the contest and who was not admitted to the competition, with the justification of the decision taken by the competition commission. 3. The decision to refuse admission to the competition shall be taken by a tender commission if: 1) the applicant does not meet the requirements of the competition participants and established part 1 of this article Articles; (In the wording of Federal Law No. N 108-FZ ) 2) the application for participation in the competition is not in accordance with the requirements for the application for participation in the competition and the established competition documents; ( Law of 30 June 2008. N 108-FZ ) 3) the documents and materials submitted by the applicant are incomplete and (or) incorrect; 4) the applicant's deposit did not arrive on the account at the time and size fixed by the claimant -the tender documentation provided that the tender documentation provides for the deposit of the deposit advance date of the submission of applications for participation in the contest. The paragraph is supplemented by the Federal Law of 30 June 2008. N 108-FZ) 4. Competition Commission within three working days from the day of signing by the members of the tender commission a protocol for the pre-selection of bidders, but not later than sixty working days before the deadline for the submission of competition Proposals to the tender commission will send a notice to the contest participants with a proposal to submit bids. Applicants who are not admitted to the competition shall be notified of the denial of participation in the competition with the copy of the specified protocol and return their deposits of the deposit within five working days from the date of signature of the said protocol by the members of the tender commission , provided that the tender documentation provides for the deposit advance date of the submission of applications for participation in the contest. (In the wording of Federal Law No. N 108-FZ) 5. The decision to refuse admission to the competition may be appealed in accordance with the procedure established by the legislation of the Russian Federation. 6. In the event that a competition is not declared in accordance with article 27, paragraph 6, of this Federal Act, the assignor has the right to open the envelope with the only application submitted for participation in the competition and to consider the application in order, of the present article, within three working days of the date of the decision on the recognition of the competition to be cancelled. In the event that the applicant and his application for participation in the competition are in conformity with the requirements set by the tender documentation, the assignor will be held within ten working days from the date of the decision on the recognition of the competition to the right. To invite such a claimant to submit a proposal for the conclusion of a concession agreement on terms and conditions corresponding to the competitive documentation. The deadline for the claimant to submit this proposal is not more than sixty working days from the date of receipt by the applicant of the proposal of the assignor. The date of consideration by the assignor of the proposal submitted by such a claimant shall be fixed by the decision of the assignor, but may not be more than fifteen working days from the date of submission of the proposal by the applicant. On the outcome of the consideration of the claimant's proposal, the assignor, if the proposal fulfils the requirements of the tender documentation, including the criteria of the competition, shall decide on the conclusion of the concession agreement with the by such a claimant. (Part of the addition is the Federal Law of 30 June 2008). N 108-FZ) 7. The assignor returns to the applicant who submitted the only application for participation in the tender, if: 1) the applicant was not requested to present a proposal to the assignor. The concession agreement, within fifteen working days from the date of the decision on the recognition of the contest; 2), did not submit a proposal to the assignor for the conclusion of the concession agreement for five workers. days after the date of expiry of the deadline for submission of the proposal The conclusion of the concession agreement; 5 working days after the expiry of the deadline for the consideration of the concession agreement by the assignor. (Part added-Federal law dated 06/30/2008 N 108-FZ) Article 30. View the bids 1. A competitive proposal shall be made in Russian in writing in two copies (original and copy), each of which shall be certified by the signature of the participant of the contest, and shall be submitted to the tender commission in the prescribed competitive documentation Order in a separate sealed envelope. The tender is accompanied by the signature of the participant's certification of the documents and materials submitted to them in two copies, the original of which remains in the tender commission, the copy-at the participant of the contest. In the event that the criterion of the competition is established by the criterion stipulated in article 24, paragraph 2-2, of this Federal Law, the competition document may be submitted by the participant of the competition Proposals in two separate sealed envelopes, one containing a tender proposal in accordance with the criteria of the competition provided for in article 24, paragraphs 2 and 2-1, of this Federal Law, and the other is a competitive bid in In accordance with the criteria of the competition provided for in article 24, part 2, paragraph 2, of this article Federal law. (In the wording of Federal Law No. N 108-FZ) 2. The tender offer submitted to the tender commission shall be registered in the register of tender offers under the serial number, specifying the date and exact time of its presentation (hours and minutes) in order to avoid coincidence of this The time has elapsed since the submission of other bids. A copy of the documents and materials submitted by the participant shall be checked the date and time of submission of the tender with an indication of the number of the tender offer. If the tender documentation provides for the payment of the deposit after the end of submission of applications for participation in the contest, the participant of the contest makes the deposit in the order, in the amount and on time, which are set by the tender documentation. In this case, the deposit cannot be made by the participant of the contest after the day of expiry of the deadline for the submission of bids. (In the wording of Federal Law No. N 108-FZ 3. The participant is entitled to submit a tender at the meeting of the tender commission at the time of opening of envelopes with competitive offers, which is the moment of expiry of the deadline for the submission of bids. 4. The participant is entitled to change or withdraw their tender offer at any time before the deadline for the submission to the tender commission of bids. The change in the tender offer or the notice of its withdrawal is deemed to be valid if the change or notification has been made to the competitive commission prior to the deadline for the submission of the bid. 5. The tender offer specifies the value of the condition as a number for each criterion of the competition. If the object of the concession agreement is the property referred to in article 10, part 1-2 of this Federal Law, the tender offer for each criterion of the competition shall specify the value of the proposed participant a competitive examination as a numerical value for each year of the term of the concession agreement. (In the wording of the Federal Law of 07.05.2013) N 103-FZ) Article 31. Opening envelopes with a bid 1 . Envelopes with competitive offers are opened at the meeting of the tender commission in the order, on the day, during and in the place, which are set by competitive documentation. In the case of the submission of bids in two separate sealed envelopes under article 30, paragraph 1, of this Federal Act, such envelopes are opened in different days. In the opening of envelopes with competitive bids, the opening of envelopes with tender offers name and location (for legal person) or surname, first name, patronymic and place of residence (for the individual entrepreneor) of each participant of the competition, information about the presence in the tender of documents and materials, the requirement of which the participants of the competition are presented in the competitive documentation. When opening the envelopes with competitive bids in accordance with the criterion of the competition provided for in article 24, paragraph 2-2 of this Federal Law, the protocol of the opening of envelopes with competitive bids shall include information on the existence of the bids. The participant of the contest of tender offer in accordance with such criterion of the competition and the content of such tender offer. When opening the envelopes with competitive bids in accordance with the criteria of the competition provided by articles 2 and 2 to 1 of the present Federal Law, the protocol of the opening of envelopes with competitive proposals shall contain the values of the contained in the competitive offers of the conditions according to such criteria of the competition. (In the wording of Federal Law No. N 108-FZ) 2. Competition participants who submitted competitive bids to the competition commission or their representatives are entitled to be present at the opening of envelopes with bids. Members of the competition who submitted competitive bids to the competition commission or their representatives are entitled to make audio recordings, video recording, photography. (In the wording of the Federal Law of 07.05.2013) N 103-FZ 3. All envelopes are subject to all envelopes containing competitive bids submitted by the bidders before the deadline for the submission of the bids, except for envelopes with competitive bids, The participants of the competition who were not satisfied with the order, size and (or) deadline for submitting the tender documents. (In the wording of Federal Law No. N 108-FZ) 4. Envelope with a tender offer submitted to the tender commission after the deadline for the submission of bids, as well as an envelope with a tender offer submitted by the participant of the competition, which was not observed The order, size, and (or) date of the deposit is not opened and returned to the submitting contest participant with the inventory of documents and materials submitted to them. Refusal to accept a bid proposal. (In the wording of Federal Law No. N 108-FZ) Article 32. { \b } { \b } { \b } { \b Consideration and evaluation of bids submitted by participants in the competition, envelopes whose bids are subject to an autopsy in accordance with article 31 of this Federal Act, shall be subject to a competitive examination. by a tender commission which determines the conformity of the tender to the requirements of the tender documentation and conducts an evaluation of the bids for which it is decided to meet the requirements of the tender in order to determine the winner of the competition. (In the wording of Federal Law No. N 108-FZ) 2. The Competition Commission shall decide, on the basis of the results of the examination of the bids, whether or not the competitive bid is inconsistent with the requirements of the competitive solicitation documents. (In the wording of Federal Law No. N 108-FZ) 3. The decision on the non-conformity of the tender solicitation documents shall be made by a tender commission if: 1) the participant of the tender is not provided with the documents and materials provided for in the tender. Competitive documentation demonstrating the compliance of the tender to the requirements, the established tender documents and supporting information contained in the tender proposal; 2) the condition contained in the tender Offering, does not meet the criteria settings Contest and (or) limit values of the criteria of the competition; (In the wording of the Federal Law of 07.05.2013). N 103-FZ) 3) documents and materials submitted by the participant of the competition are not true. (Part of the Federal Law dated 30 June 2008 N 108-FZ) 4. The decision on the non-conformity of the bid proposal to the requirements of the competitive documentation may be appealed in accordance with the procedure established by the legislation of the Russian Federation. (In the wording of Federal Law dated 30.06.2008. N 108-FZ) 5. The evaluation of competitive bids in accordance with the criteria of the competition provided for in paragraphs 1-7 of Part 2 and Part 2 of Article 24 of this Federal Law is carried out in the following order: (In the wording of federal laws dated 30 June 2008 N 108-FZ; of 25.04.2012 N 38-FZ) 1) if an increase in its initial value is set for the competition criteria, the value calculated by the criterion contained in the tender proposal and that criterion is determined by multiplication the ratio of the value of the criterion in the tender clause and the smallest of the values of all competitive bids contained in the tender to the difference of the highest value of the conditions and the initial value of such criterion; (In the wording of Federal Law No. N 108-FZ ) 2) if the criterion for the competition is set to reduce its initial value, the value calculated by the criterion contained in the tender proposal and that criterion is determined by multiplying The coefficient of such a criterion for the difference between the lowest value of all bids contained in all competitive bids and the value of the condition contained in the tender for the difference of the initial value of such a of the criterion and the lowest value of the bids contained in all bids Conditions; (In the wording of Federal Law No. N 108-FZ) 3) for each tender, the values calculated for all the criteria of the competition in accordance with the provisions of paragraphs 1 and 2 of this Part are summed up and defined by the total value. (In the wording of Federal Law No. N 108-FZ) 5-1. The evaluation of competitive bids in accordance with the criteria of the competition, stipulated in paragraph 8 of Part 2 and Part 2 to 2 of Article 24 of this Federal Law, shall be carried out by a tender commission in the following order: (In the wording of Federal Law dated 25.04.2012. N 38-FZ)1) the tender shall be given points-from one to ten points; (2) the value calculated according to such criteria is determined by multiplying the coefficients, and taking into account the significance of such criteria, with respect to the number of points awarded to the tender, by ten points. (In the wording of Federal Law No. N 38-FZ) (Part added-Federal Law of 30.06.2008 N 108-FZ) 5-2. The evaluation of bids in accordance with the criteria of the competition, as set forth in article 24, paragraph 2-3 of this Federal Law, is carried out by a competitive commission by means of comparison of conditions contained in the tender offers. The best conditions in the tender offer are: 1) discounted revenues of the participant of the competition, for which its minimum value is determined, in the event that the discounted revenue The participant of the competition, for which its minimum value is defined, is different from the discounted revenue of another participant in the competition, for which the following value of discounted proceeds after its minimum value is determined than 2 percent greater than the minimum value of the discounted revenue; 2) the highest number of best planned values for the performance of the concessionaire as compared to the relevant values contained in the tender proposals of other participants of a tender, the discounted proceeds of which are more than 2 per cent the minimum value of the discounted proceeds, determined on the basis of all bids, or equal to it, in the event that the discounted proceeds of the competition are discounted, for which its minimum value is defined, is different from the discounted value of another participant in the competition, for which the following value of discounted proceeds following its minimum value is determined, less than 2 per cent higher than the minimum value of the discounted proceeds or equal to him. (Part added-Federal Law of 07.05.2013 N 103-FZ) 5-3. Discounted revenue of the contest participant is equal to the sum of the following values calculated in the first year of the concession agreement period with the application of the discount factor (further discounting values): class="ed">1) the gross proceeds from the supply of goods, the provision of regulated prices (tariffs) for each year of the concession agreement; (2) the amount of expenditures financed by the assignor and the Use (operation) of the concession agreement object for each year The duration of the concession agreement; 3) the expenses of the concessionaire to be reimbursed in accordance with the Russian Federation's regulatory legal acts in the area of heat supply, water supply and water supply and not reimbursed to it on the expiry date of the concession agreement; 4) the volume of expenditures financed from the assignor's funds for the establishment and (or) reconstruction of the concession agreement for each year the period of validity of the concession agreement in the event that the The conclusion of the concession agreement, the competitive documentation, provides for the adoption by the assignor of the costs of the establishment and/or reconstruction of the facility; (Paragraph added: Federal law dated 21.07.2014 N 265-FZ)5) the case card. (The paragraph is amended by the Federal Law of July 21, 2014). N 265-FZ) (Part added-Federal Law of 07.05.2013 N 103-FZ) 5-4. The discounted revenue of the contest participant is determined by the application of the computer program posted on the official website of the Information and Telecommunications Network "Internet" for the posting of information about tenders by the Commissioner The federal executive authority, which carries out the functions of maintaining the official website. The requirements for the form and content of this programme are set by the Federal Executive. (Part added-Federal Law of 07.05.2013 N 103-FZ) (In the wording of the Federal Law of July 21, 2014). N 265-FZ) 5-5. The discount factor is accepted equal to the rate of return on invested capital established by the federal executive authority in the field of state regulation of tariffs in accordance with regulatory legal acts OF THE PRESIDENT OF THE RUSSIAN FEDERATION The procedure for discounting the values shall be established by the Government of the Russian Federation. (Part of the addition is the Federal Law of July 7, 2013. N 103-FZ) 5-6. In the event of an assessment of the tender, the anticipated change in the required gross proceeds of the participant of the competition determined in accordance with part 5 to 7 of this article for each year of the estimated duration of the concession agreement, A year in relation to the previous year will exceed the established competitive documentation limit (maximum) growth of the required gross proceeds of the concessionaire from the implementation of regulated activities in accordance with the regulatory framework. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The participants of the competition are suspended from participation in the competition. (Part of the addition is the Federal Law of July 7, 2013. N 103-FZ) 5-7. In the event that the object of the concession agreement is the property referred to in article 10, part 1-2 of this Federal Act, the necessary gross proceeds from the supply of goods and services at regulated prices (tariffs) shall be calculated in In accordance with the guidelines for the calculation of regulated prices (tariffs) provided for in the regulatory legal acts of the Russian Federation in the field of heat supply, water supply and water supply, for the purposes of article 23, part 1, paragraph 3 of the present Federal Act on Tariff Control. Prices, values, values, parameters contained in the tender offer and the established competitive documentation are used in calculating the required gross proceeds. (Part of the addition is the Federal Law of July 7, 2013. N 103-FZ) 6. The conditions in the tender shall be evaluated by a tender commission by comparing the results of summing of the total figure determined in accordance with the procedure set out in paragraph 3 of part 5 of this article and the value determined in the order, as provided for in Part 5-1 of this Article. In the event that the object of the concession agreement is the property referred to in article 10, part 1-2 of this Federal Act, the terms of the tender shall be evaluated by a tender commission in accordance with the procedure established in Part 5-2 of this article. (In the wording of Federal Law No. N 108-FZ; dated 07.05.2013 N 103-FZ) 7. The contour of the decision of the assignor shall be declared not held in the event of the submission of less than two bids or the selection of the commission by a tender commission to the relevant requirements of the tender documentation, including the criteria Competition, less than two bids. The assignor is entitled to consider the tender offer submitted by one participant only and, if it meets the requirements of the tender documentation, including the criteria of the competition, to decide on the award with this participant of the competition The concession agreement, in accordance with the terms and conditions contained in the tender proposal submitted to them, within 30 days from the date of the decision on the recognition of the contest, was cancelled. In the event that, following a review of the tender offer submitted by only one participant, the assignor had not decided to enter into a concession contract with the participant, the deposit made by the participant The competition shall be returned to him within fifteen days of the expiry of the 30-day deadline. If, by the decision of the assignor, the contest is declared not to be held or as a result of the examination of the submitted only One participant of the tender offer by the assignor has not been accepted A decision on the conclusion of a concession agreement with this participant, the award of a concession agreement shall be withdrawn or modified as part of the period of transfer to the concessionaire of the concession agreement and, if necessary, part of the concession agreement. other terms and conditions of the concession agreement. (In the wording of Federal Law No. N 108-FZ; of 25.04.2012 N 38-FZ) Article 33. The order of the winner of the contest 1. The winner of the competition is a participant of the contest, offering the best conditions to be determined in accordance with the procedure provided for in article 32, paragraph 6, of this Federal Law. In the event that the object of the concession agreement is the property referred to in article 10, paragraphs 1 to 2 of this Federal Act, the best conditions shall be determined in the manner prescribed by article 32, paragraphs 5 to 2, of this Federal Act. of the law. (In the wording of Federal Law No. N 108-FZ; dated 07.05.2013 N 103-FZ) 2. In the event that two or more competitive bids offer equal best conditions, the winner of the contest is recognized as a participant of the contest, before other participants of the contest submitted a tender to the tender commission. 3. The decision to determine the winner of the competition is given by the protocol for the review and evaluation of the tender, which specifies: 1) the criteria of the competition; 2) the conditions contained in the bids; 3) The results of the review of bids with a tender offer for which a decision has been made to meet their lack of conformity with the requirements of the competitive documentation requirements; (In the wording of the Federal Law dated 30 June 2008 N 108-FZ ) 4) the results of the evaluation of bids in accordance with sections 5, 5-1 and 6 of Article 32 of this Federal Law; (In the wording of Federal Law dated 30 June 2008 N 108-FZ) 5) the name and location (for legal person), surname, first name, patronymic and place of residence (for the individual entrepreneor) of the winner of the contest, justification of the decision taken by the tender commission The winner of the contest is the winner of the contest. 4. The decision to recognize the participant of the contest may be appealed in accordance with the procedure established by the legislation of the Russian Federation. Article 34. The content of the { \b } { \b } { \b } { \b results } The competition commission shall sign a protocol on the results of the tender, which includes: 1) the decision on the award, no later than five working days from the date of its signing of the protocol for the examination and evaluation of bids. A concession contract; 2) a tender; (3) a list of persons who, in accordance with the decision to enter into a concession agreement, were notified of the competition at the same time as the invitation to take part in the competition (a) Competition documents and amendments; 5) requests for explanation of the provisions of the solicitation documents and the related explanations of the assignor or the insolvency representative; 6) the postmortals of Envelopes with Applications for Participation in the Competition; 7) the originals of the tenders submitted to the tender commission; 8) the protocol for pre-selection of bidders; 9) list of participants in the competition notifications with a proposal to submit bids; 10) post-envelope opening protocol with bids; 11) a protocol for the examination and evaluation of bids. 2. The protocol on the results of the competition shall be kept by the assignor for the duration of the concession agreement. 3. The sums paid by the participants of the contest are returned to all participants of the contest, except for the winner of the contest, within five working days from the day of the signing of the protocol on the results of the contest. Article 35. Publication and posting of the results of the results of the competition, notice to the participants of the contest results contest 1. The Competition Commission, within fifteen working days from the day of the signing of the protocol on the results of the competition, or the adoption by the assignor of the decision to declare a contest, is obliged to publish a communication on the results of the competition with by specifying the name (for legal person) or surname, first name, patronymic (for the individual entrepreneor) of the winner of the competition or the decision to declare the contest with the basis of this decision in the official publication in which was a message about the holding of the competition, and to place such a message on the the official website of the Internet Information and Telecommunications Network. (In the wording of the Federal Law July 21, 2014. N 265-FZ) 2. The Competition Commission, within fifteen working days from the day of the signing of the protocol on the results of the competition, or the adoption by the assignor of the award of the contest, is obliged to notify the participants of the contest of the results of the competition. The notification may also be sent electronically. 3. Any participant in the competition may apply to the assignor for explanations of the results of the competition and the assignor has the obligation to provide it with written explanations within thirty days of the receipt of the request. Article 36. The order of conclusion of the concession agreement 1. The case for five working days from the date of the signing by the members of the tender commission of the protocol on the results of the competition sends the winner of the contest an instance of the said protocol, the draft concession agreement, including the conditions of this agreement, as determined by the decision on the conclusion of the concession agreement, the competitive documentation and the tender offer submitted by the winner of the tender, as well as other federal laws provided for by this federal law, the law of the condition. The concession agreement shall be signed within the time limit prescribed by the tender documentation and specified in the communication of the contest. In the case of a draft concession agreement signed by the winner of the concession agreement, the winner of the tender did not submit the case to the assignor if the concession agreement was established by the competitive documentation or in article 38 of this Federal Law. The Conference of the States parties to the Convention on the Rights of the Agreements with the said person. In the case where the object of the concession agreement is the property referred to in article 10, part 1-2 of this Federal Act, the terms of the concession agreement shall not include the included in the solicitation documents in accordance with paragraphs 4 to 7, 9-11 part 1-2 of Article 23 of this Federal Law of Price, Value, Values, Parameters. (In the wording of Federal Law No. N 108-FZ; of 17.07.2009 N 145-FZ; dated 07.05.2013 N 103-FZ) 1-1. After the day of signing by the members of the tender commission of the protocol on the results of the competition, the body authorized by the assignor, on the basis of the decision on the conclusion of the concession agreement, holds negotiations in the form of joint meetings with the winner A competition or other person for whom a concession agreement has been decided pursuant to this Federal Act to discuss the terms of the concession agreement and their possible modification as a result of the concession agreement. negotiations. The terms of the agreement may not be amended by the results of the negotiations if the conditions specified were the criteria of the competition and (or) their content was determined on the basis of the tender offer of the person against whom the decision was made Concession agreement. The timing and manner of the negotiations shall be determined by the solicitation documents. The competitive documentation shall provide for the terms of the concession agreement, which are not subject to change in the course of negotiations and (or) conditions that are subject to change in accordance with the procedures established by the competitive documentation. The conclusion of the concession agreement shall be published in the order and within the deadlines set by the Government of the Russian Federation, the State authority of the constituent entity of the Russian Federation and the local government in the decision. on the conclusion of the concession agreement. (Part supplemented-Federal Law of 25.04.2012. N 38-FZ) 1-2. The provisions of article 13, paragraphs 1 to 1 of this article and article 13, paragraph 3, of this Act, shall not apply to the holding of negotiations and to modify the terms of the concession agreement in the event that the object of the concession agreement is the object of the concession agreement. The property referred to in article 10, paragraphs 1 to 2, of this Federal Act. (Part of the addition is the Federal Law of July 7, 2013. N 103-FZ) 2. In case of refusal or avoidance of the winner of the competition from the signing of the concession agreement, the assignor has the right to propose a concession agreement to the participant of the tender, the tender offer of which is the result of the review and the evaluation of the bids contains the best conditions following the conditions offered by the winner of the contest. The assignor directs the participant of the competition to a draft concession agreement, which includes the terms of the agreement as determined by the decision on the conclusion of the concession agreement, the competitive documentation and the representation of such arrangements. A participant in the competition by a tender offer, as well as other federal laws, provided by this Federal Law. " The concession contract shall be signed within the time limit prescribed by the tender documentation specified in the communication of the tender and calculated from the day of the tender to the participant of the project of the concession contract. The winner of the competition, who has not signed the concession agreement in the prescribed term, does not return the deposit. In the event that, prior to the deadline for signing the concession agreement, the day of signing of the concession agreement to which the assignor had proposed a concession agreement pursuant to this part of the concession agreement, did not submit The assignor will take a decision not to enter into a concession agreement with such a participant in the competition and both The announcement of the contest is cancelled. (In the wording of Federal Law No. N 108-FZ) 3. In the case of the conclusion of a concession agreement pursuant to article 29, paragraph 6, of this Federal Act, no later than five working days after the date on which the concession agreement was adopted by the assignor, the applicant submitting the agreement the sole application for participation in the competition, the assignor directs the applicant to a draft concession agreement, which includes the terms of the agreement, as determined by the award of the concession contract, the competitive documentation, and also the terms of the agreement. other matters referred to in the present Federal Act, The federal laws of the environment. In the case of the conclusion of a concession agreement pursuant to article 32, paragraph 7, of this Federal Act, no later than five working days from the date on which the concession agreement was adopted by the assignor and the only participant The Congregation sends the competition to the participant of the tender a draft concession agreement, including its terms, as determined by the decision on the conclusion of the concession contract, the tender documentation submitted by the participant of the competition and other matters referred to in this report by the by law, by other federal laws. In these cases, the concession agreement shall be signed within the time limit prescribed by the solicitation documents specified in the communication of the tender and from the day of submission to such applicant or to such participant in the project competition Concession agreement. In the event that, prior to the date established by the competitive documentation for the signing of the concession agreement, the claimant or such participant did not provide the assignor with the documents required by the solicitation documents and the supporting documents The Conference of the Parties serving as the meeting of the Parties to the Protocol shall: (In the wording of Federal Law No. N 108-FZ) 3-1. In the event that, after the assignor has been sent to the winner of the competition, another participant in the competition pursuant to part 2 of this article, or an applicant, a participant in the competition at the conclusion of the concession agreement pursuant to article 29, part 6, or pursuant to article 32, paragraph 7, of this Federal Act, respectively, of the documents referred to in paragraphs 1 to 3 of this article, it is established that, in respect of such person, a decision has been taken to terminate or terminate them as The individual or the arbitral tribunal has decided to recognize such person Bankruptcy and commencement of the insolvency proceedings against him, the assignor takes a decision not to enter into a concession agreement with such person and, within five days of the adoption of the decision, shall send it to such person. In the thirty-day period from the date of receipt by such a person of that decision, it may be challenged by such person through the courts. (Part of the addition is the Federal Law of 30 June 2008). N 108-FZ) 3-2. If a decision is taken against the winner of the award for refusing to enter into a concession agreement with it, the assignor has the right to propose that the concession contract be awarded to the participant in the competition whose tender offer is the result of the competition. The examination and evaluation of bids contains the best conditions following the conditions offered by the winner of the contest. (Part of the addition is the Federal Law of 30 June 2008). N 108-FZ) 4. The concession agreement shall be concluded in writing with the winner of the competition or other specified in parts 2, 3 and 3 to 2 of this article, provided that they submit documents in accordance with the solicitation documents and confirmations Enforcement of obligations under the concession agreement. The concession agreement shall enter into force upon signature. (In the wording of Federal Law No. N 108-FZ) Article 37. Conclusion of the concession agreement without the competition 1. A concession agreement may be concluded without a competition in the cases provided for in article 29, paragraph 6, article 32, paragraph 7, of this Federal Act, parts 2, 2-1, 2 to 2 and 4 to 10 of this article, with the concessionaire determined by the decision OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the federal laws of 25.04.2012, } N 38-FZ; dated 21.07.2014. N 265-FZ) 2. A concession agreement may be concluded without a competition with a person who has possession and use of property which, under this Federal Law, may be used as the object of the concession agreement; and is required for the implementation of the activities under the concession agreement arising from the lease agreement, subject to the following conditions: 1) the subject of the concession agreement to be concluded is property transferred to the lessee under the contract leases, created and (or) reconstructed by the lessee under such a contract and under this Federal Act may be the subject of the concession agreement; 2) the lease under which the lessee has rights The ownership and use of the property that is the subject of the concession agreement was entered into before 1 July 2010. 2-1. In the event that the concession agreement is subject to the property referred to in article 10, part 1, paragraph 2, of this Federal Act, the concession agreement may be concluded without a competition with the person in possession of the concession contract. property which, under this Federal Law, may be used as the object of the concession agreement and is necessary for the performance of the activities under the concession agreement to be established on the basis of several Lease contracts, subject to the following conditions: 1) the subject of the concluded concession agreement is the property transferred to the lessee under the lease agreements, has been established and (or) reconstructed by the lessee under such a contract or such treaties, is part of a centralized heat supply system, a centralized hot water supply system, a cold water supply and (or) water supply system and (or) is intended to be used for general purpose with heat supply objects, a centralized system of hot water, cold water and (or) Water, and to ensure a single technological process and the implementation of activities under the concession agreement, and pursuant to this Federal Law may be the subject of a concession agreement and other of the concessionaire under the concession contract; 2) all lease agreements under which the lessee has a right to own and use the property that is the object of the concession agreement, (b) All leases, in the accordance with which the lessee has the ownership and use of the property that is the subject of the concession agreement before 1 January 2010. (Part added-Federal Law dated 21.07.2014 N 265-FZ)2-2. The concession agreement specified in Part 2-1 of this Article shall be one public law entity. (Part of the addition is the federal law of 21.07.2014. N265-FZ) 3. A concession agreement concluded without a competition in accordance with Parts 2 and 2 to 1 of this article shall satisfy the following requirements: (In the wording of the Federal Law dated 21.07.2014 N 265-FZ) 1) the expiry date of the concession agreement shall be set by the agreement of the parties and may not be later than the expiry date of the lease agreement under which the lessee has rights the possession and use of property that is the object of the concession agreement (in the case of a concession agreement with a person whose ownership and use of the property referred to in Part 2-1 of this Article has arisen on the basis of multiple lease agreements-the most recent expiry date lease agreements on the dates of expiry of other leases); (In the wording of the Federal Law of 21.07.2014). N 265-FZ) 2) the conclusion of the concession agreement does not lead to a deterioration in the position of the parties to the lease agreement, as well as the consumers of goods produced by the lessee, the work performed, the services provided; 3) concluded The concession agreement shall contain all the essential terms of the concession agreement established by article 10 of this Federal Law and the obligations of the concessionaire as set out in article 8 of this Federal Act, including the obligation to do so. the concessionaire for the establishment and/or reconstruction of the Agreement and operation using (operating) such an object; 4) the concession agreement entered into is not capable of reducing the concessionaire's investment obligations for the establishment and/or reconstruction of the concessionaire. the concession contract object, as compared to the tenant's investment obligations under the lease contract. 4. In the event that, in the execution of the concession agreement, the object of which is the property referred to in article 10, paragraphs 1 to 2 of this Federal Law, the technologically connected objects of the concession agreement are found to be technologically related to the concession agreement. Heat supply, centralized hot water supply, cold water and (or) water supply, which are part of the heat supply system concession agreement, water supply systems and/or -The assignor authorizes the concessionaire to transfer the rights of the concessionaire. Ownership and (or) use of objects that are in State or municipal property and whose valuation in the aggregate does not exceed 10 per cent of the balance determined at the date of conclusion of the concession agreement The value of the concession contract is not negotiable. The specified limitation of the book value of the property to which the rights may be transferred shall be subject to all contracts or agreements concluded by the right holder without competitive bidding and involving the transfer of tenure rights. (or) the use of hot water supply, cold water and (or) water supply in aggregate for each heat supply object and each object. (Part of the addition is the Federal Law of July 7, 2013. N 103-FZ 4-1. The concession agreement may be concluded at the initiative of the persons referred to in article 5, paragraph 2, of this Federal Act and meeting the requirements of Part 4-11 of this Article in the manner prescribed by Parts 4 to 2-4-10 and 4 to 12 of this article. (Part of the addition is the federal law of 21.07.2014. N 265-FZ)4-2. A person who has initiated the conclusion of the concession agreement is entitled to submit a proposal for the conclusion of a concession agreement with the annex of the draft concession agreement covering the essential conditions provided for in the article. 10 of this Federal Law and other conditions not inconsistent with the Russian Federation's legislation, the Government of the Russian Federation, or the constituent entity of the Russian Federation, or municipal education, depending on whose property is the object of the concession agreement. by that suggestion. In the event that the object of the concession agreement is the property referred to in article 10, paragraphs 1 to 2, of this Federal Act, the authority authorized by the Government of the Russian Federation, or the constituent entity of the Russian Federation, or Education shall be required to provide, within thirty calendar days, upon request of the person who has initiated the conclusion of the concession agreement, documents and materials referred to in paragraphs 1, 4 to 8, 10 to 14 of article 23, paragraphs 1 to 2, of this Federal of the law, as well as information on the composition of the property and access to information of the said person with the heating scheme, water supply scheme and water supply. (Part of the addition is the federal law of 21.07.2014. N 265-FZ) 4-3. In the proposal for the conclusion of the concession agreement, the person records the qualifications of the person in accordance with the requirements, as well as the evidence attesting to the conformity of his initiative with the programmes for the integrated development of the public utilities system. Settlements, urban districts, State programmes of the Russian Federation, constituent entities of the Russian Federation and municipal programmes, except if the object of the concession agreement is the property referred to in the part 1-2 of Article 10 of this Federal Law. The form of the proposal for the conclusion of the concession agreement shall be approved by the Government of the Russian Federation. (Part of the addition is the federal law of 21.07.2014. N 265-FZ) 4-4. Body authorized by the Government of the Russian Federation, or by the constituent entity of the Russian Federation or municipalities, to consider a proposal for a concession agreement within thirty calendar days from the date of receipt Proposals for the conclusion of the concession agreement shall consider such a proposal and take a decision on: 1) the possibility of concluding a concession agreement for specific immovable property or real estate and movable property, technologically linked and The Conference of the States parties to the Convention on the Law of the Sea, Specific objects of real estate or real property and movable property, technologically linked and designed to carry out activities under the other conditions of the concession agreement; 3) impossibility of entering into a concession agreement (a) Specific objects of real estate or real property and movable property that are technologically related to each other and intended for the performance of the activity provided for in the concession agreement Refusal. (Part added-Federal Law of July 21, 2014. N 265-FZ) 4-5. In the event that the object of the concession agreement is the property referred to in article 10, paragraphs 1 to 2, of this Federal Act, the authority authorized by the Government of the Russian Federation, or the constituent entity of the Russian Federation, or In the case of a proposal for the conclusion of a concession agreement, within seven working days of the proposal for the conclusion of the concession agreement, the proposal shall be submitted to the executive branch or body the regulation of prices (tariffs) in the of the Russian Federation in the regulation of prices (tariffs), in order to agree on the long-term parameters of the concession agreement contained in the proposal for the conclusion of a concession agreement (long term) The parameters of the regulation of prices (tariffs) determined in accordance with the Russian Federation regulatory legal acts in the sphere of water supply and drainage, long-term parameters of state regulation of prices (tariffs) in the field of heat supply), and tariff regulation. The said harmonization shall be carried out in accordance with the procedure established by the Government of the Russian Federation. (Part of the addition is the federal law of 21.07.2014. N265-FZ) 4-6. The refusal to enter into a concession agreement is permitted, if: (1) the activities of the persons who have taken the initiative of the conclusion of the concession agreement with the use (operation) of the object of the concession agreement shall not be permitted in accordance with federal law, the law of the subject of the Russian Federation or municipal legal act; 2) the object of the concession agreement is withdrawn from circulation or restricted in circulation; 3) in public-law education There are no ownership rights to the concession contract; 4) the object of the concession agreement is not free from the rights of third parties, except in the case provided for in article 3, paragraph 4, of this Federal Law; 5) the creation and (or) reconstruction of the object of the concession contract agreements, except if the objects of the concession agreement are objects of heat supply, centralized hot water supply system, cold water supply and (or) water maintenance, separate objects of such systems are not in line with for the integrated development of utilities The infrastructure of settlements, urban districts, State programmes of the Russian Federation, constituent entities of the Russian Federation, municipal programmes; 6) lacks the resources to conclude and of the concession agreement; 7) the concession agreement object does not require reconstruction; 8) the creation of the concession agreement is not required; 9) the person acting as an initiative for the conclusion of a concession agreement, The parties refused to negotiate on the modification of the proposed terms of the concession agreement provided for in part 4 to 8 of this article or, as a result of the negotiations, the parties did not reach agreement on the terms of the concession agreement; 10) In the event that the objects of the concession agreement are objects of heat supply, centralized hot water, cold water and/or water supply systems, separate objects of such systems not conforming to the approved Heat supply, water supply and sanitation; 11) Other cases provided for by federal laws. N 265-FZ)4-7. In the event of a decision on the possibility of concluding a concession agreement on the terms proposed by the initiator, the authority authorized by the Government of the Russian Federation, or by the constituent entity of the Russian Federation, or by municipal education, Consideration of a proposal for a concession agreement, within ten days from the date of the adoption of the decision, shall post on the official site of the Internet Information and Telecommunications Network (GIT) for information on bidding, THE RUSSIAN FEDERATION Concession agreement with a view to accepting requests for participation in the concession contract under the terms set out in the proposal for the conclusion of the concession agreement under the concession agreement, The Conference of the Parties serving as the meeting of the Parties to the Protocol shall: (Part of the addition is the federal law of 21.07.2014. N 265-FZ) 4-8. In the event of a decision on the possibility of concluding a concession agreement under other conditions than proposed by the proponent of the agreement, the authorized body shall negotiate in the form of joint meetings with the proponent of the conclusion of the concession contract. The Conference of the Parties, The date and manner of negotiations shall be determined by the body authorized by the Government of the Russian Federation, or by the constituent entity of the Russian Federation, or by the municipal entity, to consider the proposal for the conclusion of the concession agreement, A decision on the possibility of concluding a concession agreement under other conditions, which shall be communicated to the initiator of the agreement in writing. According to the results of the negotiations, the person who has taken the initiative of concluding the concession agreement shall submit to the body authorized by the Government of the Russian Federation, or by the constituent entity of the Russian Federation, or by municipal education, Consideration of a proposal for a concession agreement, a draft concession agreement, as amended, to be considered by the authorized body within three days. In case of approval of the draft concession agreement, as amended, by a body authorized by the Government of the Russian Federation or a constituent entity of the Russian Federation or a municipal entity to consider a proposal for a conclusion of the concession agreement and the proposal to enter into a concession agreement shall be proposed by the authorized body within 10 days of the date of acceptance of the concession agreement. Internet Information and Telecommunications Network Official Website for the of the Government of the Russian Federation for the acceptance of applications for participation in the tender for the conclusion of a concession agreement under the terms of such a concession The Conference of the Parties serving as the meeting of the Parties to the Protocol shall: Concession agreement. (Part of the addition is the federal law of 21.07.2014. N 265-FZ) 4-9. In the case of a 45-day period from the date of posting on the official website of the Internet Information and Telecommunications Network (Internet) for information on the bidding process, as defined by the Government of the Russian Federation, proposals for The conclusion of the concession agreement was received by the bid to participate in the concession contract for the concession agreement provided for in the concession contract proposal. Persons fulfilling the requirements of this Federal Act The Conference of the Parties, The concession agreement is required to place this information on the official website of the Internet Information and Telecommunications Network (ITT) for information on tenders, as determined by the Government of the Russian Federation. In this case, the conclusion of the concession agreement shall be made on a competitive basis in accordance with the procedure established by this Federal Law. (Part of the addition is the federal law of 21.07.2014. N 265-FZ) 4-10. In the event of a 40-day period from the date of posting on the official website of the Internet Information and Telecommunications Information Network to hold information on tenders, as defined by the Government of the Russian Federation, proposals for detention The concession agreement did not receive requests for participation in the concession contract under the terms of the concession contract proposal from other persons meeting the requirements of the concession contract. by this Federal Law to the concessionaire as well as to the requirements, Part 4-1 of this article, with a person who has taken the initiative to enter into a concession agreement, the concession agreement shall be subject to the terms set out in the proposal for the conclusion of the concession agreement and the draft. Concession agreement (draft concession agreement, as amended), without competition in the manner prescribed by this Federal Law, taking into account the following peculiarities: 1) the conclusion of the concession Article 22 of this Federal Act shall be accepted within thirty calendar days after the expiration of the period prescribed by this Part; 2) shall send the concessionaire a draft concession agreement within five working days of the date of the decision on the The conclusion of the concession agreement shall set a time limit for the signing of the concession agreement, which shall not exceed one month; (3) the person who is in favour of the conclusion of the concession agreement before deciding to enter into this concession agreement. Agreements have an obligation to indicate the sources of funding for the activities of the the execution of the concession agreement and to submit to the authorized body confirmation of the possibility of their receipt. (Part added-Federal law dated 21.07.2014 N 265-FZ)4-11. A person who is in favour of the conclusion of the concession agreement, as well as other persons applying for the conclusion of the concession agreement, shall meet the following requirements: (1) Absence of a decision on the liquidation of a legal person- The applicant (the applicant for the conclusion of the concession agreement) or the termination of the applicant's natural person (the applicant for the conclusion of the concession agreement) as an individual entreprene; (2) The absence of a court decision to commence proceedings on the bankruptcy of the person who is taking the initiative of the conclusion of the concession agreement; (3) the absence of arrears in taxes, fees and arrears under other mandatory payments to the budgets of the Russian Federation's budget system (for The President of the Russian Federation, the President of the Russian Federation, the President of the Russian Federation, the President of the Russian Federation, the President of the Republic of Korea, legally enforceable judgement of a court of recognition The liability of the person for payment of these sums) for the last calendar year, which exceeds twenty-five per cent of the book value of the person's assets, according to the accounting (financial) accounts for the last reporting period; (4) The availability of funds or their ability to obtain at least five per cent of the investments made in the concession agreement (the cap on the cost of the establishment and (or) reconstruction of the concession agreement object, expected to be carried out by the concessionaire for each year of the period The action of the concession agreement). (Part supplemented by the Federal Law of 21.07.2014) N 265-FZ)4-12. A person who is in favour of the conclusion of a concession agreement shall be entitled to hold a body authorized by the Government of the Russian Federation or a constituent entity of the Russian Federation or a municipal entity to consider a proposal for The conclusion of the concession agreement, negotiations relating to the preparation of the concession agreement, before the proposal for the conclusion of the concession agreement is sent. (Part of the addition is the federal law of 21.07.2014. N 265-FZ) 5. In the event that, in the execution of the concession agreement, the object of which is the property referred to in article 10, paragraphs 1 to 2 of this Federal Law, the technologically connected objects of the concession agreement are found to be technologically related to the concession agreement. Heat supply, centralized hot water supply, cold water and (or) water supply, which are part of the heat supply system concession agreement, water supply systems and/or water maintenance, transfer of ownership of possession may be granted by the assignor (or) The use of facilities located in State or municipal property, a concessionaire with the status of a single body, guaranteeing the organization, without taking into account the requirements established in part 4 of this article. (Part of the addition is the Federal Law of July 7, 2013. N 103-FZ) N 152-FZ) Article 38. Final provisions 1. In the case of the decision of the Government of the Russian Federation to enter into a concession agreement by 31 December 2008, following an open competition for the concession agreement under Part 1, paragraph 1 Article 4 of this Federal Law of the Concession of the assignor on the basis of a decision of the Government of the Russian Federation and in accordance with the proposals of the person with whom the concession agreement has been decided to enter into a concession agreement modify the terms of the draft concession agreement and the draft lease agreement A plot of land for such a person, in accordance with article 36, paragraph 1, of this Federal Act, in respect of: 1), and the order in which land plots are provided for the purpose of carrying out activities; The concession agreement provided for in the concession agreement; (2) the phases of the establishment and (or) reconstruction of the concession agreement object; 3) the technical characteristics of parts and design elements of the concession agreement subject to the reduction of the costs of the assignor and the (or) reconstruction of the object of the concession agreement, the conformity of its requirements with the technical regulations or the effective date of their entry into force of normative technical documents and the preservation of the consumer properties of the object of the concession contract agreement; 4) the reduction of the estimated value of the concession contract in the amount proposed by the person with whom the concession agreement was decided; 5) the time frame for the provision of documents to the assignor; proving that the concessionaire is provided with borrower funds and/or He has his own funds in the amount necessary for the implementation of the concession agreement, but not for more than nine months; 6) the time frame for the delivery of documents confirming the performance of the concessionaire's obligations The concession agreement (irrevocable bank guarantee), the contract of transfer by the concessionaire of the rights under the contract of bank deposit (deposit), the contract of insurance of the risk of liability of the concessionaire under the concession agreement). In so doing, they may not exceed the period for granting the concessionaire the land plots intended for the performance of the activities provided for in the concession agreement and the duration of the concession of the assignor to the concessionaire. (a) The award shall be made in accordance with the provisions of the Protocol. 2. Amendment of the terms and conditions of the draft concession agreement not specified in part 1 of this article but contained in the solicitation documents determined pursuant to a decision on the conclusion of the concession agreement, the tender offer of the person with whom A decision has been taken to enter into a concession agreement or to modify the substantive terms of the concession agreement under the concession agreement under paragraphs 1 to 3, 6, 6 to 2 and 7 of article 10, paragraph 1, of this Federal Act. Law, not allowed. (Article supplemented by Federal Law of 17.07.2009. N 145-F) President of the Russian Federation Vladimir Putin Moscow, Kremlin 21 July 2005 N 115-FZ