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On Amendments To The Federal Law "on The Special Economic Zone In The Magadan Oblast"

Original Language Title: О внесении изменений в Федеральный закон "Об Особой экономической зоне в Магаданской области"

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The Federal Law On Amendments to the Federal Law "About the economic zone in Magadan Oblast" Adopted by the State Duma on December 12, 2014 year Approved by the Federation Council on 17 December 2014 Article 1 104 FZ "About the economic zone in Magadan Region" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2807; 2004, N 27, sect. 2711; 2005, N 30, sect. 3128; N 52, sect. 5575; 2011, N 50, sect. 7351; 2013, N 27, est. 3453) The following changes: 1) Part 1 of Article 2 should read: " The main objectives of the establishment of an economic zone are to attract investment, create and develop production, energy and transport infrastructures, the development of the productive forces, the financial and commodity markets of the Magadan Region. "; (2) in the first article 3: (a) in the third paragraph," State institution established by the administration Magadan Region is replaced by the words of the executive power of Magadan Region the area created by "; b) to the fourth paragraph is void; 3) to add the following article 3-1: " Article 3-1. Member of the economic zone 1. A member of the economic zone is recognized as a legal person or an individual entrepreneor registered in accordance with the legislation of the Russian Federation in the territory of the economic zone which has concluded in the established present. The Federal Law Order with the Administration of the Economic Zone provided for by the Agreement on Free (special, special) economic zones on the territory of the Customs Union and the customs procedure of the free customs zone of June 18 (hereinafter referred to as the BMS Agreement) Agreement on Implementation Activities in the Territory of the Economic Zone (hereinafter referred to as the Agreement on the Implementation of Activities) and the Economic Zone (hereinafter referred to as the Register). 2. A person intending to become a member of the economic zone must comply with the following requirements: 1) registered in accordance with the legislation of the Russian Federation in the economic zone; 2) consists of the tax authority; 3) performs basic economic activity in the territory of the Magadan Region; 4) has at least 75 percent of the principal's property rights or other legal grounds In the territory of Magadan Region; 5) represents The business plan for the implementation of an activity agreement (hereinafter referred to as the business plan), which is in conformity with the requirements of this Federal Law; 6) does not operate as a credit or insurance organization, nor does it is a professional participant in the securities market. 3. The economic zone participant shall, for the duration of the performance agreement, comply with the requirements set out in paragraph 2 of this article, with the exception of paragraph 5, subparagraph 5, of this article. "; 4) in article 4: (a) in part two of the words "the administration of the Magadan oblast" shall be replaced by the words "the supreme executive organ of the State authority of the Magadan oblast"; b) in Part 5 of the word "Magadan Region". replace by "this Federal Law"; 5) Article 4-1 "To declare invalid; 6) to supplement articles 4-2-4-10 as follows: " Article 4-2. Implementation Agreement 1. The Agreement on the Implementation of Activities is concluded between the Economic Zone and the Economic Zone Authority. During the duration of the agreement on the implementation of the activities, the Economic Zone member shall undertake to carry out the activities defined by the implementation agreement and to make investments, including capital investments, in order to establish and (or) develop infrastructure projects, develop production in the territory of Magadan region, in terms and in the manner established by the Agreement on the Implementation of Activities, and the Administration of the Economic Area undertakes to exercise the powers provided for in this Federal law. 2. The implementation agreement cannot be directed towards the following activities: (1) extraction of crude oil and natural gas, provision of services in these areas; 2) production and processing Excise (excluding passenger cars and motorcycles); 3) wholesale and retail trade; 4) supply of domestic services; 5) production and maintenance of arms, military and Special equipment. 3. A document confirming the fulfilment by the participant of the Economic Zone of the terms of the agreement on the performance of the activity is a certificate of compliance with the terms of the agreement on the performance of the activities issued by the Administration economic zone. The form and procedure for the issuance of a certificate of compliance with the terms of the agreement on the implementation of the activity by the member of the Economic Zone, shall be approved by the authorized Government of the Russian Federation by the Federal Executive. 4. A participant in the economic zone shall not be entitled to transfer his rights and obligations under an agreement to carry out activities to another person. 5. The model form of the agreement on the implementation of activities is approved by the authorized Government of the Russian Federation by the Government of the Russian Federation. 6. The essential terms of the implementation agreement are: 1) the activities carried out under the performance agreement; 2) the volume of investments, including capital investments, under the performance agreement and the time frame for the investment, including capital investments; (3) the obligation to report to the Administration of the economic zone of the The procedure established by the Law of Magadan Region. 7. The economic zone member shall assist the administration of the economic zone in the monitoring of the implementation of the terms of the agreement on the implementation of the activities, including the unimpeded access of the economic zone. Officials of the infrastructure facilities belonging to it shall submit to the Administration the necessary oral and written form of the required monitoring reports and information. 8. The Administration of the economic zone shall not disclose information constituting a trade secret. Article 4-3. The procedure for concluding an implementation agreement activity 1. A person intending to obtain the status of a participant in the Economic Area (hereinafter referred to as the applicant) shall submit an application to the Administration of the economic zone for the conclusion of an agreement on the performance of the activity in the form established by the Commissioner The Government of the Russian Federation is a federal executive. Such an application shall contain information on the intended type of activity of the applicant. 2. The applicant shall attach the following documents: 1) a copy of the constituent documents (for legal persons), a copy of the main identity document of the Russian citizen Federation (for individual entrepreneurs); 2) a certificate of fixed assets in accordance with the form established by the Administration of the Economic Area, at the same time as proof of compliance of the applicant with the requirements established by the Article 3, paragraph 2 (4) of this Federal Act; 3) copy of the certificate of state registration of a legal entity or individual entreprene; 4) a copy of the certificate of registration in the tax authority; 5) a business plan on the form established by OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. The business plan must contain the following information: 1) the purpose of implementing a business plan that is consistent with the requirements set out in Part 1 of this Federal Law; 2) (3) The expected volume of investments, including capital investments, in accordance with the requirements set out in paragraph 4 of this article, which are aimed at achieving the objectives referred to in article 4, paragraph 1, of this Federal Law in period of activity of the applicant in the economic zone; 4) The duration and phases of investment, including capital investment. 4. The requirements for the minimum investment, including capital investments, by type of activity carried out by the economic zone member of the Economic Zone, are established by the authorized Government of the Russian Federation by the Federal Government The executive branch. 5. In case the documents referred to in paragraphs 3 and 4 of paragraph 2 of this article are not submitted by the applicant on their own initiative, pursuant to the interdepartmental request of the Economic Area Administration, the federal executive authority, State registration of legal entities, individuals as individual entrepreneurs and peasant (individual) farms, submits evidence of the fact that the applicant has been registered in a single State Register of legal persons or a single state register of individual Businessmen and the federal executive body, which is responsible for monitoring and supervising compliance with the legislation on taxes and fees, shall provide evidence of the fact that the applicant has been incorporated in the tax authority. 6. The documents referred to in paragraphs 1, 2 and 5 of this article shall be adopted by the administration of the Economic Zone, which shall hand the applicant (his or her legal or authorized representative) personally under the record or post by post A copy of this entry marked the date on which the specified documents were received. 7. After receipt of the documents referred to in paragraphs 1, 2 and 5 of this article, the Economic Zone Administration shall accept and forward to the applicant not later than ten working days after receipt of the documents in one of the following decisions: 1) on the transfer of an application for the conclusion of an agreement on the performance of activities and business plan to the authorized Government of the Russian Federation by the Federal Executive; 2) to refuse to consider an application for The conclusion of an agreement on the implementation of activities. 8. Refusal to consider an application for a performance agreement is permitted only in the case of: 1) failure to submit the documents referred to in paragraph 1 and sub-paragraphs 1, 2 and 5 of paragraph 2 of this article; (2) Complainant's lack of conformity with the requirements of article 3, paragraph 2, of this Federal Law; 3) that the alleged activity of the applicant is not in conformity with the activities referred to in article 4, paragraph 2, of this Federal Act; 4) non-conformity of the application form for the conclusion of the agreement OF THE PRESIDENT OF THE RUSSIAN FEDERATION 9. The Administration of the economic zone is obliged to indicate in the decision not to consider the application for the conclusion of an agreement on the performance of activities the grounds for such refusal. The decision may be appealed by the applicant in court. 10. Consideration of the application for the conclusion of an agreement on the implementation of the activities and business plan shall be carried out by the authorized Government of the Russian Federation by the Federal Executive. 11. No later than thirty calendar days from the date of receipt of the application for the conclusion of an agreement on the implementation of the activities and business plan, the federal executive branch of the Government of the Russian Federation receives and directs the Government of the Russian Federation. In the Economic Zone Administration, one of the following solutions: 1) for business plan support; 2) to refuse business plan support. 12. The decision by the Government Plenipotentiary of the Russian Federation of the Federal Executive to refuse to support the business plan should contain a reasoned justification of the reasons for the refusal. 13. The Government Plenipotentiary of the Russian Federation, the federal executive branch, decides to refuse to support the business plan in the case of: 1) the non-conformity of the form of the business plan with the form established by the Commissioner The Government of the Russian Federation, the federal executive branch; 2) mismatches the objectives of the business plan for the purposes set out in article 2, paragraph 1, of this Federal Law; 3) non-conformity of objectives investment, including capital investment, Attachments, targets set by paragraph 1 of Article 4-2 of this Federal Law; 4) discrepancies in the declared amount of investments, including capital investment, minimum investment, including capital investments, In accordance with paragraph 4 of this article; 5) fixed in the business plan for the time and stages of investment, including capital investments, excluding the possibility of implementing the business plan. 14. The decision to support the business plan of the government commissioner of the federal executive branch of the Russian Federation may also contain one commitment or several obligations to make changes to the business plan shall be vested in the applicant in accordance with this Federal Law and shall be taken into account in the conclusion of an agreement on the performance of activities. 15. Within five working days from the date of receipt of the decision of the Authorized Government of the Russian Federation of the Federal Government of the Russian Federation, the administration of the Economic Zone shall take the appropriate decision and submit it in writing to the applicant: 1) for the conclusion of an agreement on the performance of activities in acceptance by the federal executive authority of the Russian Federation of a decision on support for business plans; 2) Refusal to conclude an agreement on the implementation of the By the decision of the federal executive authority of the Russian Federation to refuse business plan support; 3) to conclude an agreement on the performance of activities subject to the applicant's condition The decision to support the business plan, which contains the commitments to make changes in the business plan, was approved by the federal executive authority of the Russian Federation. 16. The notification set out in paragraph 15 of this article shall be delivered to the applicant (his or her legal or authorized representative) in person or by registered mail by registered mail. In the event that the said notification is sent by registered mail, it shall be deemed to have been received upon the expiry of eight working days from the date of the registered letter. 17. Within five working days of receipt of the notification set out in paragraph 15 (3) of this article, the applicant is obliged to fulfill the obligation to make changes to the business plan and submit the amended business plan to the Oebe administration economic zone. The Administration of the Economic Zone is responsible for monitoring the compliance of the applicant with the obligations set out in the decision of the Government Plenipotentiary of the Russian Federation of the Federal Executive. 18. In the event that the applicant has met within five working days after receipt of the notification referred to in paragraph 15 (3) of this article, the obligations to amend the business plan by the Economic Zone administration shall be decided by the applicant. on the conclusion of an agreement on the implementation of activities within a period not exceeding five working days. 19. In the event that the applicant fails to comply within five working days after receiving the notification set out in paragraph 15 (3) of this article, the obligation to modify the business plan of the administration of the Area of the Economic Area on time is not exceeding five working days, decides not to enter into an agreement on the performance of the activity, and forwards to the applicant and to the authorized Government of the Russian Federation a federal executive branch the notification. 20. The Administration of the economic zone shall prepare and submit to the applicant a draft agreement on the performance of activities within thirty calendar days from the date of the decision on its imprisonment with the applicant. 21. The Agreement for the Implementation of Activities is to be concluded in writing by drafting the document in two copies, each of which is signed by the parties and handed over to each of the parties. 22. After the parties signed an agreement on the implementation of the activities, the administration of the economic zone sends to the authorized Government of the Russian Federation a copy of the implementation agreement 30 calendar days from the date of the decision on his/her detention with the applicant. Article 4-4. The entry into force of the implementation agreement of the activity Agreement on the implementation of activities shall enter into force on the date of its signature by the parties. Article 4-5. Duration of the implementation agreement activity 1. The Agreement on the Implementation of Activities shall be concluded for the period established by article 4, paragraph 3, subparagraph 2, of this Federal Law. 2. The period of implementation of an activity agreement may not exceed the period remaining until the termination of the economic zone. Article 4-6. Changes to the implementation agreement activities 1. Any changes to the agreement on the implementation of activities shall be effected by an additional agreement to the agreement for the implementation of the activities (hereinafter referred to as the supplementary agreement). 2. In the event of a change in the terms of the agreement on the implementation of activities relating to the change of essential conditions, the economic zone shall be submitted to the Economic Zone Authority for an additional Implementation agreements (hereinafter referred to as the statement) and business plan. 3. The documents referred to in paragraph 2 of this article shall be accepted by the administration of the Economic Area, which shall hand the applicant (his or her legal or authorised representative) personally or by post by registered mail a copy. this entry marked the date that the specified documents were received. 4. The administration of the economic zone shall, within five working days of the receipt of the documents referred to in paragraph 2 of this Article, send them to the Government Commissioner of the Federal Government of the Russian Federation. 5. Not later than thirty calendar days from the date of receipt of the documents referred to in paragraph 2 of this article, authorized by the Government of the Russian Federation, the federal executive branch shall receive and send to the administration The economic zone is one of the following: 1) for business plan support; 2) to refuse business plan support. 6. The implementation of the decisions taken by the Government Plenipotentiary of the Russian Federation by the Federal Executive is carried out in accordance with paragraphs 12-19 of Article 4-3 of this Federal Law. 7. The decision of the Government Plenipotentiary of the Russian Federation of the Federal Executive to refuse to support a business plan may also be taken on the basis of article 4, paragraph 8, subparagraph 3, of this Federal Act. of the law. 8. The implementation of the Agreement on the Implementation of Activities not related to the modification of its substantive conditions shall be effected by the Administration of the Area of Economic Zone on the basis of the application to the Administration of the Economic Zone of the Economic Zone. Written and documentary evidence of the need for the changes to be made. The statement and its annexed documents are considered by the Administration of the Economic Zone without consideration by their authorized Government of the Russian Federation by the Federal Executive for a term not exceeding 10 working days. 9. Within ten calendar days of the receipt of the documents referred to in paragraph 8 of this Article, the Economic Zone Administration shall take one of the following decisions: 1) on the conclusion of the supplementary agreement; 2) the refusal to conclude the supplementary agreement. 10. The administration of the economic zone shall decide to refuse to conclude an additional agreement only in the case of: 1) failure to comply with the requirements set out in article 3, paragraph 3, of this Federal Law; 2) Inconsistencies between the objectives of the business plan as set out in article 2, paragraph 1, of this Federal Law; 3) the non-conformity of the objectives of the intended investment, including capital investment, to the objectives established by the Article 4, paragraph 1, of this Federal Act. 11. The Administration of the Economic Area shall, within fifteen calendar days from the date of the decision referred to in paragraph 9 of this Article, notify the applicant of the conclusion of an additional performance agreement or both. Refusal to conclude an additional implementation agreement. 12. The Administration of the economic zone shall prepare and submit to the applicant a supplementary agreement on the performance of activities within thirty calendar days of the date of its decision on its determination with the applicant. 13. An additional implementation agreement shall be concluded in writing by means of a document in two copies, each of which is signed by the parties and handed over to each of the parties. 14. Following the signing by the parties of an additional agreement on the implementation of the activities, the Administration of the economic zone sends to the authorized Government of the Russian Federation a copy of the supplementary agreement Implementation of the activity within thirty calendar days of the date of the decision on its imprisonment with the applicant. 15. An additional agreement on the implementation of activities shall enter into force in accordance with Article 4-4 of this Federal Law. Article 4-7. Termination of the implementation agreement activities The activity agreement operation terminates: 1) upon expiry of the agreement; 2) in case of avoidance agreement; 3) in the case of the early termination of the economic zone; 4) in the event of termination of the activity of a legal person or activity of a natural person as an individual entrepreneer (with the day following the day of entry into one single entry State register of legal entities or single state register of individual entrepreneurs). Article 4-8. Avoking the implementation agreement activity 1. The settlement of an agreement on the performance of activities shall be permitted by agreement of the parties. 2. An agreement on the performance of activities may be terminated by a court at the request of one of the parties in the event of a breach of article 4, paragraph 6, of this Federal Act by the other party, or in the event of a non-conformity The objectives of the investment, including capital investments, are those set out in article 4, paragraph 1, of this Federal Act. 3. An agreement on the performance of activities may be terminated by the court if the use of fraudulent documents is established and the information is known to be false for the purpose of concluding the said agreement. Article 4-9. Consequences of termination of the agreement on activity 1. In the event of termination of the performance agreement, the person shall cease to be a member of the economic zone and shall be removed from the register within three days of the date of termination of the agreement on the performance of the activity, and The registration certificate shall be withdrawn. 2. In the event of termination of the performance agreement, expenses incurred in connection with its performance by a member of the economic zone shall not be reimbursed. 3. A person who has lost the status of a member of the economic zone, including due to the early termination of the agreement on the performance of activities, has the right to dispose of movable and immovable property belonging to him and to Oreya. the economic zone and the limits of the Magadan region, at its discretion, in accordance with civil law, subject to the conditions laid down in article 6-1 of this Federal Law. Article 4-10. Monitoring of the participant's implementation of the economic zone of the agreement activity activity 1. The tax authorities and customs authorities of the Russian Federation shall carry out tax and customs control in the territory of the economic zone in accordance with the legislation of the Russian Federation and customs legislation of the Customs Union; and notifies the Administration of the Economic Zone of the detected violations in terms of the implementation by the participants of the Economic Zone of the terms of the agreements on the implementation of the activities. 2. Since the applicant has been added to the register and until the day of the decision to exclude a member of the economic zone from the Register, the economic zone's administration shall exercise control in order to determine the conformity of the activities of the participant with Oyself of the economic zone defined by the agreement on the performance of the activities established by the agreement on the performance of activities by checking the information contained in the reports submitted to the Economic Area of the Economic Zone in accordance with the procedure established by the Law of Magadan ";"; 7) Article 5, amend to read: Article 5. The Tax Regarus of the Economic Zone The peculiarities of the payment of taxes by the participants of the economic zone are determined by the Russian Federation's legislation on taxes and fees. "; 8) in article 6-1: a) in the paragraph In the fourth paragraph, the words "paragraph 1 of article 4-1, paragraph 1" should be replaced by the words "paragraph 3 of article 4-8"; (b) paragraph 21, paragraph 21, after the words "as individual entrepreneurs", should be supplemented with the words "and peasant (farm) holdings"; ) in paragraph 22 of the phrase " established by the law of Magadan "Replace the words" with the words "by the Government of the Russian Federation authorized by the Government of the Russian Federation"; 9) in article 6-2, paragraph 6: (a) paragraph 3, after the words "In case of use", add In the words "excisable"; b), add the following paragraph: "In the case of the use of non-excise goods, not for the purposes declared by a participant in the economic zone when they are removed to the rest of the territory of Magadan," areas, these goods are paid in respect of these goods. Customs duties and taxes to be paid when these goods were placed under the customs procedure for domestic consumption, calculated on the date of the customs declaration filed for the goods ' premises procedure of the free customs zone. "; 10) Article 6-6, amend to read: " Article 6-6. Transitional provisions 1. The participants in the economic zone, which are registered in the Register by 31 December 2014 and are operating as at 31 December 2014 under an implementation agreement, may conclude an additional activity. Agreement with the Administration of the Economic Zone on the extension of the Agreement on the Implementation of Activities and the application of a special legal regime for the economic activities and customs procedure of the free customs zone in accordance with the procedure established by the by this Federal Law, with particular features defined by the present article. 2. Procedures for the conclusion of an additional agreement on the implementation of the activities referred to in paragraph 1 of this article, the modification of the said agreement and the termination of the agreement on the performance of activities concluded prior to 31 In December 2014, the law of Magadan Region was established by law. 3. The provisions of article 3-1 of this Federal Act relating to the procedure for the conclusion of an agreement on the performance of activities and the provisions of articles 4-2-4-9 of this Federal Act do not apply to participants in the economic zone designated by the Federal Act. Paragraph 1 of this article. 4. The peculiarities of the payment of taxes by the members of the economic zone referred to in paragraph 1 of this article, in the performance of their economic activities in the economic zone and the limits of the Magadan Region shall be established by law. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5. The provisions of this article shall apply to the participants in the economic zone referred to in paragraph 1 of this article until 31 December 2020. "; 2025; (12) in article 8, paragraph 2, the word "administration" shall be replaced by the words "the highest executive organ of the State". Article 2, paragraph 2, and article 9, paragraph 4, of the Federal Law of 6 December 2011 N 409-FZ " On amendments to OF THE PRESIDENT OF THE RUSSIAN FEDERATION " 7351) be declared invalid. Article 3 1. This Federal Act shall enter into force on the date of its official publication, with the exception of article 1, paragraphs 7 and 9, of this Federal Act. 2. Article 1, paragraph 7, of this Federal Law shall enter into force on 1 January 2015. 3. Article 1, paragraph 9, of this Federal Law shall enter into force 30 days after the date of the official publication of this Federal Law. President of the Russian Federation Vladimir Putin Moscow, Kremlin December 22, 2014 N 423-FZ