Advanced Search

On Public-Private Partnership, Municipal-Private Partnership In The Russian Federation And Amendments To Certain Legislative Acts Of The Russian Federation

Original Language Title: О государственно-частном партнерстве, муниципально-частном партнерстве в Российской Федерации и внесении изменений в отдельные законодательные акты Российской Федерации

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
RUSSIAN FEDERATION FEDERAL LAW On Public-Private Partnerships, Municipal-Private Partnership in the Russian Federation and Changes to Individual Legislative acts of the Russian Federation Adopted by the State Duma on July 1, 2015 Approved by the Federation Council on July 8, 2015 (In the wording of the Federal Law dated 29.12.2015 N 391-FZ Chapter 1. General provisions Article 1. The purpose and subject of regulation of this Federal Law 1. The purpose of this Federal Law is to create legal conditions for attracting investment in the economy of the Russian Federation and to improve the quality of goods, works and services that consumers ' organization is responsible for The authorities of the State and local authorities. 2. This Federal Law defines the basis of the legal regulation of relations arising from the preparation of the public-private partnership project, the municipal-private partnership project, the conclusion, execution and termination of the agreement The agreement on public-private partnership, including the respective powers of state authorities, local self-government bodies, establishes guarantees of the rights and legitimate interests of the parties to the agreement Private Partnership Agreement, Municipal-private partnership. Article 2. Russian legislation on public-private partnership, municipal-private partnership, municipal municipal-private partnership legal acts 1. Russian legislation on public-private partnerships, municipal-private partnership is based on the provisions of the Constitution of the Russian Federation, Civil Code of the Russian Federation, Budgetary Code of the Russian Federation, Land Code of the Russian Federation, Town Planning Code of the Russian Federation, Russian Federation Forest Code, Water Code of the Russian Federation , Aerial Code of the Russian Federation and consists of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, and OF THE PRESIDENT OF THE RUSSIAN FEDERATION Norms of the law contained in other federal laws enacted in accordance with this Federal Act, other regulatory legal acts of the Russian Federation, as well as normative legal acts of the constituent entities of the Russian Federation, Legal acts must be in conformity with this Federal Act. 2. The relations arising from the preparation, conclusion, execution and termination of concession agreements, with the establishment of guarantees of the rights and legitimate interests of the parties to the concession agreement, are governed by the Federal Law N 115-FZ " On concession agreements ". Article 3. Key concepts used in this Federal Law For the purposes of this Federal Law, the following basic concepts are used: 1) Public-private partnership, municipal-private Partnership is legally formalized and based on the pooling of resources, the sharing of risks, the cooperation of a public partner, on the one hand, and the private partner, on the other hand, which is implemented by agreement Private Partnership Agreement, Municipal and private partnerships concluded in accordance with this Federal Law to attract private investment in the economy, to provide the public authorities and local governments with access to goods, works, (b) Services and improvements in quality; (2) public-private partnership project, a municipal-private partnership project (also a project), a project to be implemented jointly by a public partner and a private partner Private partnership, municipal-private Partnerships; (3) Public-Private Partnership Agreement, Public-Private Partnership Agreement (hereinafter referred to as the Agreement)-a civil contract between a public partner and a private partner less than three years in order and under the conditions set by this Federal Law; 4) a public partner-the Russian Federation, on whose behalf the Government of the Russian Federation or its authorized federal body is acting THE RUSSIAN FEDERATION which is the highest executive body of the State authority of the constituent entity of the Russian Federation or an authorized body of the executive power of the constituent entity of the Russian Federation, or a municipal entity on whose behalf the head of State is speaking Municipal entity or other authorized body of local self-government in accordance with the charter of municipal education; 5) private partner-Russian legal entity with which under this Federal Law agreement; 6) financier A person acting without the formation of a legal entity under a joint activity agreement to bring together two or more legal entities providing loans to a private partner for the implementation of the agreement on conditions of return, payment, urgency; 7) a direct agreement-a civil contract concluded between a public partner, a private partner and a financier to regulate the terms and conditions of their interaction over the duration of the agreement, and also in modifying and terminating an agreement; 8) comparative The advantage is the advantage in using the budgets of the budget system of the Russian Federation necessary for the implementation of the project before the use of the budgets of the Russian Federation's budget system needed for implementation State contract, municipal contract, provided that the price of goods, work, services, quantity of goods, volume of work or service, quality of goods delivered, work performed, other characteristics of the goods, work, the services of the project are equal to the price of goods, work, services, quantity of goods, volume of work or service, quality of the delivered goods, work performed, other characteristics of the goods, work, services in the implementation of the state contract, municipal contract; 9) the operation of the object agreements-the use of the object of the agreement for the private partner to carry out the activities provided for in such an agreement, the production of goods, the performance of the works, the provision of services in accordance with the terms and conditions set out by the agreement; 10) maintenance of the agreement object (also- maintenance)-activities aimed at maintaining the object of the agreement in a serviceable, safe, serviceable condition and carrying out its current or major maintenance; 11) authorized bodies- OF THE PRESIDENT OF THE RUSSIAN FEDERATION Authorized by the highest executive organ of the State OF THE PRESIDENT OF THE RUSSIAN FEDERATION Under article 18, paragraph 2, of this Federal Law; 12) a joint contest, which is conducted in accordance with the procedure established by this Federal Law, two and more public partners for the purpose of implementing the project and on the basis of which each public partner enters into an agreement with The winner of the joint competition or other person entitled under this Federal Law to enter into such an agreement. Article 4. Principles of public-private partnership, municipal-private partnership Public-private partnership, municipal-private partnership in the Russian Federation are based on the following principles: 1) Openness and accessibility of information on public-private partnerships, municipal-private partnership, excluding information constituting a state secret and other secret protected by law; 2) competition enforcement; (3) non-discrimination, equality of the parties Agreements and equality before the law; 4) good performance by the parties to the agreement of the obligations under the agreement; 5) the equitable sharing of risks and obligations between the parties to the agreement; 6) freedom The conclusion of the agreement. Article 5. The parties to the public-private partnership agreement, the public-private partnership agreement 1. The parties to the public-private partnership agreement are a public partner and a private partner. 2. The following legal entities may not be private partners, as well as private partners: 1) State and municipal unitary enterprises; 2) State and municipal institutions; 3) public law companies and other federal laws created by the Russian Federation; 4) economic associations and societies, economic partnerships under the control of the Russian Federation THE RUSSIAN FEDERATION " (5) subsidiary entities under the control of the organizations referred to in paragraphs 1 to 4 of this part of the organizations; 6) non-profit organizations established by the Russian Federation, the constituent entities of the Russian Federation, In the form of foundations; 7) non-profit organizations established in the form of foundations mentioned in paragraphs 1 to 6 of this part. 3. Economic partnerships and business partnerships are under the control of the Russian Federation, the constituent entity of the Russian Federation or municipal education, as well as under the control of the organizations referred to in Part 2, paragraphs 1 to 4. Articles, if any of the following: 1) The Russian Federation, the constituent entity of the Russian Federation, or a municipal entity and one of the organizations referred to in paragraphs 1 to 4 of Part 2 of this article are entitled, directly or indirectly, to dispose of more than fifty percent of the total number of votes, Proportion of voting shares (shares) constituting the authorized capital of the controlled person; 2) Russian Federation, constituent entity of the Russian Federation, or municipality formation, and one of the organizations referred to in Part 2, paragraphs 1 to 4 of this article, on the basis of a treaty or on other grounds, has the right or authority to determine the decisions taken by the controlled person, including the conditions under which business activities are carried out; 3) Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION One of the organizations referred to in paragraphs 1 to 4 of part 2 of this article shall be entitled to appoint a single executive body and (or) more than fifty per cent of the membership of the collegial executive body of the person in control or shall be unconditional The opportunity to elect more than fifty per cent of the board of directors (supervisory board) or other collegial control body of the controlled person. 4. The individual rights and obligations of a public partner whose list is established by the Government of the Russian Federation may be exercised by organs and (or) referred to in part 2 of this article by legal persons authorized by a public partner OF THE PRESIDENT OF THE RUSSIAN FEDERATION (...) (...) (...) 5. The execution of certain rights and duties of a public partner by bodies and legal entities acting on the side of a public partner, the scope and composition of these rights and obligations are determined by agreement on the basis of the decision on the implementation of the project Public-private partnership, a municipal-private partnership project. 6. The private partner must fulfil the obligations of the agreement by its own forces. A private partner is entitled to perform its obligations under a third party agreement only if it is permitted by the terms of the agreement. At the same time, the private partner is responsible for the actions of third persons as they are for their own. 7. The engagement of third parties by a private partner for the performance of its obligations under an agreement is permitted only with the consent of the written form of the public partner, which is in the form of a separate document forming an integral part of the agreement, and A list of third parties may be identified, together with information identifying them. In the event that the consent of a public partner indicates persons who may be engaged by a private partner, a private partner may not engage others in the performance of their obligations under the agreement, and the third person in the list is not entitled Involing others in the performance of their obligations. 8. The private partner must comply with the following requirements: (1) the failure to liquidate the legal person and the absence of a decision by the arbitral tribunal to commence proceedings for the bankruptcy of a legal person; 2) Non-use of administrative penalty in the form of administrative suspension of the activity of a legal person in accordance with the procedure established by the Russian Code THE RUSSIAN FEDERATION Application for participation in the competition; 3) Absence of arrears of taxes, fees and arrears of other mandatory payments, as well as arrears of interest payments for the use of budget funds, penalties, fines, absence Other financial sanctions, not earlier than one month prior to the day of submission of the application for participation in the competition; 4) the availability of necessary licenses in accordance with the laws of the Russian Federation for the implementation of certain activities, The admission of self-regulating organizations to the implementation of the the agreement of the works and other necessary permissions for the implementation of the agreement. 9. The establishment of requirements for private partners not provided for by this Federal Law is not permitted. Article 6. The elements of a public-private partnership agreement, a public-private partnership agreement , partnership 1. In making a decision on the implementation of the public-private partnership project, the project of municipal-private partnership authorized by this Federal Law for the adoption of such a decision by the public authority, the body Local self-government determines the form of public-private partnership, the form of a municipal-private partnership, by including in the agreement the binding elements of the agreement and the definition of the sequence their implementation. 2. The mandatory elements of the agreement are: 1) construction and (or) reconstruction (also the creation of) the object of the agreement by a private partner; 2) by the private partner of full or partial funding Create an agreement object; 3) by a private partner in the maintenance and/or maintenance of the agreement object; 4) the private partner has ownership of the agreement object, provided that the object of the agreement under this Federal Act . 3. The following elements may also be included in the agreement to define the form of public-private partnership or a municipal-private partnership: 1) by the private partner of the agreement object; 2) Private partner implementation of full or partial financing of operation and (or) maintenance of the agreement object; 3) by a public partner of partial funding for the establishment by a private partner of the facility of the Agreement and of the financing of its operation and (or) technical maintenance; 4) the private partner has an obligation to transfer the public-private partnership agreement object, the object of the public-private partnership agreement to the public partner upon expiry of the agreement a certain agreement of the term, but not later than the day of termination of the agreement. 4. In the event that the amount of funding for the establishment of the agreement is a public partner and the market value of the movable and/or immovable property transferred by the public partner to the private partner by agreement or the market value of the transferred rights Such property (in the event that the agreement does not provide for the ownership of a private partner in such property) together exceed the amount of funding for the establishment of such facilities by a private partner, a mandatory element The relevant agreement is provided for in Part 3, paragraph 4 of this article is the obligation of the private partner. 5. The financing of the establishment of the agreement, its operation and (or) maintenance from the budgets of the Russian budget system is financed exclusively through the provision of subsidies from the budgets of the budget system OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 7. Objects of the public-private partnership agreement on municipal-private partnership 1. The objects of the agreement are: 1) private roads or sections of private roads, bridges, protective road structures, constructed road structures, production facilities (objects used in capital Roads maintenance, repair and maintenance of roads), road maintenance elements (including charging points), road service objects; 2) public transport; Metropoliten exception; 3) objects rail transport; 4) pipeline transport facilities; 5) seaports, river ports, specialized ports, facilities of their infrastructure, including artificial land, port hydraulic engineering installations, with the exception of seaport facilities, which may be in federal ownership, are not subject to alienation in private property; 6) sea-going vessels and river vessels, mixed (river-sea) vessels, and also vessels carrying out icebreaking, hydrographic, Research activities, ferry-boats, floating and dry docks, with the exception of objects which, in accordance with the legislation of the Russian Federation are in State property, are not subject to alienation in the private sector. property; 7) aircraft, airfields, airports, technical facilities and other aircraft intended for the flight of aircraft, with the exception of objects classified as public aviation or single air traffic control system; 8) production, transmission and distribution of electrical energy; 9) hydro-technical installations, fixed and (or) floating platforms, artificial islands; 10) underwater and underground technical installations, crossings, lines Communications and communication, other linear communication and communication facilities; 11) health facilities, including facilities for sanatorium and spa treatment and other health activities; 12) Education, culture, sports, facilities used for the organization recreation of citizens and tourism, other social services facilities; 13) facilities for handling, recycling, disposal, solid municipal waste; 14) improvement sites territories, including for lighting; 15) reclamation systems and objects of their engineering infrastructure, with the exception of state reclamation systems; 16) production facilities, the primary and (or) the subsequent (industrial) processing, OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Government of the Russian Federation. The paragraph is amended to include the Federal Law of December 29, 2015. N 391-FZ) 2. The object of the agreement from the list of objects named in Part 1 of this article may be only the property in respect of which the law of the Russian Federation does not establish belonging exclusively to the State, municipal or municipal territory. property or prohibition of private ownership or private ownership. 3. The Agreement may be concluded in respect of a number of objects of agreements specified in part 1 of this article of the objects. Agreement on several objects of agreement is allowed if the said actions (inaction) do not lead to prevention, restriction or elimination of competition. 4. The subject of the agreement, to be reconstructed, must be owned by a public partner at the time of the conclusion of the agreement. The private partner must be free from the rights of third parties at the time of his transfer. 5. It is not permitted to transfer to the private partner the object of the agreement (part of its assets) which, at the time of the conclusion of the agreement, belongs to a State or municipal unitary enterprise, or State or municipal budget institution for operational management. 6. A private partner shall not be entitled to pledge the object of the agreement and (or) its rights under the agreement, except for their use as a means of ensuring the performance of the obligations to the financier, subject to the existence of a direct agreement. The issuance of a recovery on bail is only possible if, within a hundred and eighty days from the date of the establishment of the grounds for the recovery, the replacement of the private partner has not been effected, or if the agreement was not prematory Discontinued by a court decision on the basis of a fundamental breach by a private partner of the terms of the agreement. 7. In the event of a pledge, a public partner has the right to take over the subject of the bond at a price equal to that of the private partner in front of the financier, but not more than the value of the bond. Chapter 2: Development of a proposal for the implementation of the project public-private partnership, project municipal-private partnership, consideration by the authorized body and the decision to implement the project public-private partnership, municipal-private partnership project Article 8. Development of project proposal public-private partnership project 1. In case the initiator of the project is a public partner, it ensures the development of a proposal for the implementation of the public-private partnership project, a project of municipal-private partnership (hereinafter referred to as the project proposal) in the project. in accordance with the requirements established in part 3 of this article and shall transmit the proposal to the authorized body for consideration. 2. A person who, under this Federal Law may be a private partner, is entitled to develop a proposal for the realization of the project in accordance with Parts 3 and 4 of this Article and to submit a proposal for the realization of the project to the public. At the same time, the person ensuring the development of the project proposal (hereinafter referred to as the initiator of the project), at the same time as the offer to the public partner, provides him with an independent guarantee issued by a bank or other credit institution (a bank guarantee) of at least five per cent of the project's projected funding. In case the proponent is a person who may be a private partner in accordance with this Federal Law, a public partner is allowed between the project proponent and the public partner before the submission of the proposal The holding of preliminary talks related to the development of the project proposal, in the manner determined by the authorized body. 3. The project proposal should contain: 1) a description of the project and its relevance; 2) the goals and objectives of the project, defined according to the goals and objectives of the strategic documents planning; 3) details of a public partner; 4) a draft agreement that includes the essential conditions provided for in article 12 of this Federal Law and other non-conflicting Russian legislation Federation of condition; 5) the duration of the project or order (a) An assessment of the extent to which the parties ' ability to obtain an income from the project; 7) the projected project funding, including the projected project funding by OF THE PRESIDENT OF THE RUSSIAN FEDERATION Loans in case of debt financing; 8) a description of the risks (if any) associated with the project; 9) information about the effectiveness of the project and the rationale for its comparative advantage; 10) other information provided by the Government of the Russian Federation. 4. The form of the project proposal, as well as the requirements of Part 3 of this article, shall be established by the Government of the Russian Federation. 5. Within a period not exceeding ninety days from the date of receipt of the proposal referred to in part 2 of this article, the public partner shall consider the proposal in accordance with the procedure established by the Government of the Russian Federation and adopt one of the following: { \cs6\f1\cf6\lang1024 } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } 6. When a public partner considers the project proposal, a public partner is entitled to request additional materials and documents from the initiator of the project, conduct negotiations, including in the form of joint meetings, with the initiator of the project. The said negotiations shall be conducted within the time limit prescribed in paragraph 5 of this article for consideration of the project proposal, in accordance with the procedure established by the authorized body. Based on the results of the study of the proponent of the draft materials and documents and negotiations, the content of the project proposal may be amended prior to the adoption of the decisions referred to in Part 5 of this Article by consent of the proponent The project and the public partner. The outcome of the preliminary negotiations and (or) negotiations (in the event that these negotiations were held), including the adoption of a decision to change the content of the project proposal, shall be drawn up by a protocol to be signed by the public. The partner and the initiator of the project is in two copies. Failure to include in the record the decision to change the content of the project proposals is not permitted. 7. The decision of a public partner that the project cannot be implemented on the basis of the proposal in part 2 of this article should be motivated and accepted on the following grounds: 1) the project does not comply with the principles of public-private partnership, municipal-private partnership; (2) the project proposal does not comply with the form of such a project set by the Government of the Russian Federation project proposal; 3) project contents are not corresponds to the requirements of Part 3 of this article; 4) the operation, and (or) the technical use, and (or) the transfer to private property of the object of the agreement shall not be permitted in accordance with The federal law, the law of the subject of the Russian Federation and (or) the municipal legal act; 5), the conclusion of an agreement on the object of the proposal for the implementation of the object of the agreement shall not be permitted or in relation to that objects already exist; 6) lack of funds for The implementation of the project in accordance with federal laws and (or) normative legal acts of the Russian Federation, the laws and (or) other regulatory legal acts of the subjects of the Russian Federation, municipal legal acts in the case of The project requires the allocation of funds from the budgets of the Russian budget system; 7) the public partner does not have the right to ownership of the object specified in the project proposal; 8) specified in project proposal is not free from rights third parties; 9) the project specified in the project proposal does not require reconstruction or the creation of the object specified in the project proposal is not required; 10) the project proponent renounced the maintenance The negotiations to amend the terms of a proposal for the implementation of Part 6 of this Article or as a result of negotiations by the parties have not reached agreement on these terms. 8. In the event that a public partner has decided to submit the proposal referred to in Part 2 of this article for the implementation of the project for consideration by an authorized body in order to evaluate the effectiveness of the project and determine its comparative advantage. advantage, a public partner within a period not exceeding ten days from the day of making such a decision, sends a proposal for the implementation of the project, as well as copies of the protocols of the preliminary negotiations and (or) negotiations (in the event that these negotiations were (...) (...) 9. Within a period not exceeding ten days from the date of acceptance of one of the decisions referred to in part 2 of this article, the public partner shall forward the decision as well as the original of the Protocol. preliminary negotiations and (or) negotiations (if these negotiations were held) by the proponent of the project and put the decision, the proposal for the implementation of the project and the said protocols of the negotiations on the official website of the public partner in the Internet Information and Telecommunications Network. 10. The decisions referred to in part 5 of this article may be appealed in accordance with the procedure established by the legislation of the Russian Federation. Article 9. Consideration of the proposal for the implementation of the public-private partnership project public-private partnership authorized body 1. The Commissioner is considering a project proposal to evaluate the effectiveness of the project and determine its comparative advantage. Proposal for the implementation of the project in violation of the form and requirements of article 8, paragraphs 3 and 4, of this Federal Act and without the application of the documents referred to in article 8, paragraph 8, of this Federal Act. The law shall not be permitted. 2. The project's effectiveness evaluation is conducted before considering the project to determine its comparative advantage based on the following criteria: (1) the financial viability of the public-private partnership project, the project Municipal-private partnership; 2) social and economic effect of the public-private partnership project, the municipal-private partnership project, calculated in accordance with the goals and targets set out in the relevant Strategic planning documents. 3. Consideration of the draft on its comparative advantage is permitted if the project is deemed to be effective for each of the criteria specified in Part 2 of this Article. 4. The comparative advantage of the project is based on the ratio of the following: 1) to the net present discounted cost of the budgetary system of the Russian Federation in the implementation of the public-private project Partnerships, municipal-private partnership project and net discounted costs in the implementation of a public contract, municipal contract; (2) volume of obligations undertaken by a public partner in the event of occurrence of the Public Private The partnership, the project of municipal-private partnership and the volume of such public-legal education commitments in the implementation of the state contract, the municipal contract. 5. The term of the authorized body to evaluate the effectiveness of the project and to determine its comparative advantage shall not exceed one hundred and eighty days from the date of receipt of such a project to the authorized body. 6. Procedure by the authorized body to assess the effectiveness of the public-private partnership project, the municipal-private partnership project and the determination of their comparative advantage in accordance with the criteria and indicators, 2 and 4 of this article shall be established by the Government of the Russian Federation. 7. Techniques for evaluating the effectiveness of the public-private partnership project, the municipal-private partnership project and the determination of their comparative advantage in accordance with the criteria and indicators contained in Parts 2 and 4 of this Article, is approved by the federal executive authority authorized to implement the State policy on investment. 8. When considering a project proposal to evaluate the effectiveness of the project and determine its comparative advantage, the authorized body may request additional materials from the public partner and (or) the proponent of the project. The documents are to be negotiated with the mandatory participation of the public partner and the initiator of the project, including in the form of joint meetings, in accordance with the procedure established by the Government of the Russian Federation. According to the results of the examination of the materials and documents sent to the authorized body, as well as the talks held, the content of the proposal for the realization of the project may be changed until the day of approval of the opinion provided for in Part 10 of this Regulation. Articles, with the consent of the authorized body, the public partner, and the initiator of the project in case the project proposal has been prepared by this project proponent. 9. The outcome of the negotiations, including the decisions taken to amend the project proposal, shall be drawn up by a protocol to be signed by the authorized body, the public partner and the initiator of the project, and drawn up in three copies. Failure to include in the protocol negotiations decisions to change the project proposal is not permitted. 10. Following consideration of the project proposal, the authority approves the conclusion on the effectiveness of the project and its comparative advantage (hereinafter referred to as the authorized body) or the conclusion on inefficiency Draft and (or) the absence of its comparative advantage (hereinafter referred to as the negative conclusion of the authorized body) and sends the appropriate conclusion, as well as the original of the minutes of the negotiations (in the event that the negotiations were held) public Partner and project proponent and within five days from the date of approval The relevant conclusion places the decision, the proposal for the implementation of the project and the protocol of negotiations on the official website of the authorized body in the information and telecommunications network "Internet", with the exception of information that make up the project State, commercial or other legally protected secret. 11. The approval by the authorized body of a negative opinion is a refusal to implement the public-private partnership project, a project of municipal-private partnership. 12. The negative opinion of the authorized body may be appealed in accordance with the procedure established by the legislation of the Russian Federation. 13. In the event of a positive conclusion of the authorized body, the public partner shall, within five days, forward the opinion to the public authority, the head of the municipal education authorized by the present Federal Act. The law to decide on the implementation of the project. Article 10. Adoption of the decision on the implementation of the project public-private partnership project 1. The decision on the implementation of the project shall be taken by the authorities referred to in part 2 of this article by the local authorities, if there is a positive conclusion of the authorized body within a period not exceeding sixty days from the day to obtain a favourable opinion. 2. The decision to implement the project is accepted: 1) by the Government of the Russian Federation, if the Russian Federation is a public partner or a joint competition involving the Russian Federation is planned; 2) The highest executive body of the State authorities of the Russian Federation, if a public partner is the constituent entity of the Russian Federation, or a joint competition involving the constituent entity of the Russian Federation is planned (with the exception of cases of joint competition involving the Russian Federation Federation); 3) by the head of municipal education, if the public partner is a municipality or a joint competition involving municipal education is planned (except in cases of OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. The project's implementation is approved by: 1) the purpose and objectives of the project; 2) a public partner, as well as a list of authorities and legal entities acting on the side of the public partner, if It is intended to transfer the individual rights and duties of a public partner to such bodies and legal entities; (3) substantive terms of the agreement; 4) the values of the project's performance criteria and the value of its indicators the comparative advantage from which a positive conclusion has been obtained The competent authority; 5) the type of competition (open competition or closed competition), as well as a list of persons who are invited to participate in the competition (in the event of a closed contest); 6) the criteria of the competition and the parameters of the competition criteria; 7) the competitive documentation or the order and timing of its approval; 8) the date of the competition for the right to conclude an agreement or in the event of a joint competition; 9) The date and order of placement on the official website of the Russian Federation in the Information and telecommunications network "Internet" for posting information on tenders defined by the Government of the Russian Federation, reports of holding an open competition or in the event of a closed competition A certain decision on the implementation of the project for the persons to be notified of the closed competition and the invitation to participate in the closed competition; 10) the procedure and terms of the agreement (in the case of a joint competition- Agreements); 11) the composition of the tender commission and the procedure for its approval. 4. In case a budget system of the Russian Federation is planned to be used in the implementation of the agreement, the conclusion of the agreement for a period exceeding the period of validity of the corresponding law (corresponding decision) on the budget for the next budget period The financial year and the planning period are implemented in accordance with the requirements of the Russian Federation's budget legislation. 5. If the project is planned to use the budgets of the budget system of the Russian Federation, the decision to implement the project can only be taken on condition that the use of such funds is provided by the federal budget by the laws and (or) normative legal acts of the Russian Federation, the laws and (or) other normative legal acts of the constituent entities of the Russian Federation and municipal legal acts. 6. In case the private partner carries out the activities envisaged by the project, the implementation by a private partner of the goods being carried out by the private partner is carried out at regulated prices (tariffs) and (or) taking into account They may establish long-term parameters to regulate the activities of a private partner, as agreed with the public authorities and authorities, as agreed by the public partner of local self-government in accordance with the law OF THE PRESIDENT OF THE RUSSIAN FEDERATION 7. On the basis of the decision to implement the project, a public partner within a period not exceeding one hundred and eighty days from the date of the adoption of the decision, shall ensure the organization and conduct of the competition for the right to conclude an agreement, except in cases, provided for in paragraphs 8 to 10 of this article. 8. In case the decision to implement the project is made on the basis of a proposal to implement the project prepared by the proponent, a public partner within a period not exceeding ten days from the date of the adoption of the said decision places it on the official website of the project. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Internet Information and Telecommunications Network Written form from other persons on the intention to participate in the tender for the right to enter into an agreement under the conditions set out in the said decision. 9. In the case of a decision on the implementation of the project on the official website of the Russian Federation on the Internet for the posting of information on the Internet within a period of forty-five days following the allocation of this article on the official website of the Russian Federation A tender, defined by the Government of the Russian Federation, from other persons did not reach the public partner of the application in writing of the intention to participate in the tender for the right to enter into an agreement with the bank or other by the credit institution of an independent guarantee (bank guarantee) in the amount of at least Five per cent of the projected funding, or if such declarations in writing have been received from persons who do not meet the requirements of article 5, paragraph 8, of this Federal Act, the public partner shall accept The decision to enter into an agreement with the initiator of the project without holding the contest and sets the period for the signing of the agreement. 10. In the case of a proposal for the implementation of the project on the official website of the Russian Federation on the Internet or telecommunications network of the Russian Federation within forty-five days from the date of the placement of this article on the official website of the Russian Federation The Government of the Russian Federation has received applications from other persons in writing about the intention to participate in the tender for the right to enter into an agreement with the application issued by a bank or other credit institution Independent guarantee (bank guarantee) of at least five per cent of the projected funding and at least one of these persons meets the requirements of article 5, paragraph 8, of this Federal Act, a public partner within a period not exceeding one hundred and eighty days from the date of the decision, Provides the organization and conduct of a competition for the right to enter into an agreement. 11. The Government of the Russian Federation approves the form of a statement of intent to participate in the tender for the right to conclude an agreement and its direction to a public partner. Article 11. Information on the public-private partnership project, a public-private partnership project for partnership 1. The Russian Federation provides free access to information on the agreement, which is placed on the official websites of the authorized bodies in the information and telecommunications network Internet, with the exception of the information that makes up the State, commercial or other legally protected secret. 2. The following information is available on the official websites of the authorized bodies in the Internet Information and Telecommunications Network: 1) information about the project; 2) the project implementation decision; 3) the registry Public-private partnership agreements, municipal-private partnership agreements; 4) results of the monitoring of the implementation of the agreement; 5) reports on the performance of private partner performance agreement; 6) competitive documentation and information on procedures; 7) other information to be placed in accordance with this Federal Act. 3. The information published on the official websites of the authorized bodies in the information and telecommunications network "Internet" should be complete, relevant and reliable. Chapter 3: Public-Private Partnership Agreement Partnership Agreement on Public-Private Partnership Article 12. Terms of the Public-Private Partnership Agreement Partnership Agreement on Public-Private Partnership 1. Under the agreement, the private partner undertakes to establish wholly or in part from its own or contracted facilities, the technologically connected real estate property and (or) immovable property and movable property Property, maintenance and (or) maintenance of such property, and the public partner undertakes to grant ownership and use to the private partner for the implementation of the activities specified in the agreement and to ensure creation of a private partner's ownership of an agreement object provided that Compliance with the requirements of this Federal Act and the Agreement. Under the agreement, the parties also undertake to fulfill other obligations that flow from the defining form of public-private partnership, the form of municipal-private partnership of the elements of the agreement. 2. The agreement should include the following essential conditions: 1) elements of the public-private partnership agreement, public-private partnership agreements defining the form of public-private partnership, form municipal-private partnership, as well as the obligations of the parties to the agreement resulting from these elements; (2) the values of the project's performance criteria and the value of its comparative advantage based on which the positive conclusion of the authorized body, and the obligations of the parties to implement the agreement in accordance with these values; 3) information about the object of the agreement, including its techno-economic indicators; 4) the obligation of the public partner to grant the private a partner of immovable property (including land or land) and (or) immovable property and movable property that are technologically connected myself; 5) the duration and (or) order of the validity period agreement; 6) the condition and manner of the establishment of the right of private ownership of the object of the agreement; 7) the obligations of the parties to the agreement to ensure the implementation of the agreements, including the implementation of the agreement The obligations arising from the elements of the agreement, in accordance with the time schedules for each exercise, and the manner in which those activities are implemented; 8) the procedure and time frames for cost recovery The parties to the agreement, including the early termination of the agreement; (9) Ways to ensure that the private partner is in compliance with the agreement (by providing a bank or other credit institution with an independent guarantee (a bank guarantee), transferring to a public partner the rights of a private partner in the agreement the bank account, the risk insurance of liability of the private partner for breach of the obligations under the agreement), the amount of the financial security provided and the period to which it is provided; 10) the obligations of the parties in the early termination of the agreement, the obligations of the parties in connection with the The replacement of a private partner, including the obligation of the private partner to transfer the object of the agreement to the public partner in the cases provided for by this Federal Law and Agreement; 11) The liability of the parties to the agreement in the event of failure or improper performance of the obligations under the agreement; 12) other essential conditions under federal laws. 3. In the event that the agreement provides for the lease of a land for the purposes of the project, the agreement must include a condition of the amount of rent for the specified land or the order of its determination. 4. In the event that the element of the agreement is the existence of an obligation on the part of the private partner to transfer the object of the agreement to the property of the public partner after the expiry of the terms of the agreement, the agreement shall contain the terms, conditions and time limits Transfer of the facility agreement to a public partner. 5. If the project provides financial support for the obligations of the public partner (each public partner), the amount of such financial support, the size of the state or municipal guarantees, the order and the conditions for their provision The private partner shall be specified in the agreement. At the same time, a public partner has the right to assume the obligation to bear part of the costs of creating the object of the agreement, its operation and (or) maintenance in accordance with the budgetary laws of the Russian Federation. 6. In the event that the agreement provides for the production of goods, the performance of the works, the provision of services that are carried out at regulated prices (tariffs) and (or), taking into account the established rates of price (rates), the agreement, together with the The essential conditions provided for in part 2 of this article should include commitments to attract funding to the extent that the private partner undertakes to provide for the establishment of the facility for the duration of the agreement. arrangements and reimbursement arrangements for private partner OF THE PRESIDENT OF THE RUSSIAN FEDERATION In so doing, the amount of Part 2, paragraph 10, of this article is determined by the amount of funding the private partner undertakes to engage in order to realize it of the investment program approved in accordance with the procedure established by the legislation of the Russian Federation in the sphere of price regulation (tariffs), except for expenses which under the agreement should be funded from the budget of the Russian Federation's budget system and from the revenue of a private partner, (b) Implementation of the Convention on the rights of the child and the rights of the child. 7. In the event that the agreement provides for the production of goods, performance of works, services that are performed at regulated prices (tariffs) and (or) taking into account the applicable rates of allowances (tariffs), order and conditions The establishment and modification of prices (tariffs) for the goods produced, the work being done, the services provided, the prices (tariffs), the long-term parameters of the regulation of the private partner are subject to the harmonization of the laws OF THE PRESIDENT OF THE RUSSIAN FEDERATION 8. In the event that, in accordance with article 5, paragraph 4, of this Federal Act, the individual rights and duties of a public partner are exercised by organs and legal entities acting on the side of a public partner, the agreement must contain The list of these bodies and legal persons, as well as the rights and obligations of the public partner, are carried out by these bodies and legal entities. 9. The agreement may include a payment made by a private partner to a public partner during the period of operation and (or) maintenance of the facility agreement (hereinafter referred to as the private partner). The payment of a private partner payment may be made for the duration of the operation and (or) maintenance of the agreement object and during the individual maintenance periods and/or maintenance periods. The amount of the private partner's fee, the form, the order and the date of payment are fixed by the agreement. 10. The payment of a private partner can be fixed in one form or several forms: 1) defined in the firm amount of payments made periodically or at the appropriate level; 2) of the assigned share A private partner's output or share of the revenue generated by a private partner as a result of the implementation of the activity provided for by the agreement; (3) the transfer to a public partner of property owned by a private partner. 11. In addition to the essential conditions provided for in Part 2 of this article, the agreement may contain other conditions not contrary to the law of the Russian Federation, including: 1) the volume of the production of goods, the performance of the works, the provision of services through the implementation of the agreement; 2) the forecasted income of a public partner, the income of a private partner in connection with the implementation of the agreement; 3) the obligation of the private partner to implement the goods produced, services provided during the period The obligation of the private partner to provide consumers with federal laws, laws of the constituent entities of the Russian Federation and municipal law, as well as requirements for the quality of these goods, works, services; 4) By the acts of representative bodies of local self-government of benefits, including the payment of goods, works, services; 5) the distribution between the parties of the agreement of the risk of accidental death and (or) accidental damage to the object of the agreement, inoco by a public partner to a private partner by agreement property; 6) an obligation of the private implementing partner at his own risk of accidental death and (or) accidental damage to an agreement object, another public partner transferred to a private partner by agreement property; 7) features of the modification of the agreement; 8) the obligation of the parties to prepare the territory necessary for the establishment of the facility agreement and (or) the implementation of the activities provided for in the agreement Number of land planning and design projects territory, land plot (land); 9) the obligation of the public partner to review and approve the territory planning project, the territory project, the time-frame for the completion of the project Obligation, if it is within its competence; 10) the obligation of the parties to the agreement to transfer the results of the intellectual activity and (or) the means of customization necessary for the execution of the agreement; 11) other not THE RUSSIAN FEDERATION 12. State registration of private ownership of the object of the agreement is carried out after the object of the agreement is put into operation at the same time as the state registration of the encumment (restriction) of ownership of the agreement. Facilities and immovable property. 13. The private partner of the agreement, which is owned by this private partner, shall not be permitted until the expiry of the agreement, except for the replacement of a private partner by agreement in accordance with this Federal Act. by law. At the same time, the transfer of title to the object of the public-private partnership agreement, the object of the municipal-private partnership agreement from one private partner to another private partner does not warrant termination of the said in Part 12 of this article of the encumment (limitation). Article 13. Conclusion, modification, termination of the public-private partnership agreement, agreement on municipal-private partnership, transition to rights and responsibility for agreement, replacement of a private partner 1. The agreement shall be concluded with the winner of the competition for the right to conclude an agreement or another person entitled to enter into such an agreement under this Federal Act. 2. The agreement may be amended with the consent of the public partner and private partner. The terms of the agreement, determined by the decision on the implementation of the project and the tender offer of the private partner concerning the criteria of the competition, may be changed by the public authorities or the head of the municipal entity that have accepted the agreement. the decision to implement the project. 3. A public partner is required to consider proposals by a private partner to modify the substantive terms of the agreement in the event that the implementation of the agreement becomes impossible within the time limits established by the agreement forces, in the event of a significant change of circumstances, from which the parties relied on the conclusion of the agreement, and in the event that a court or a federal competition authority had been unable to enforce the decisions of the court or the Federal Anti-Monopoly Committee of obligations arising from the adoption of decisions The implementation of actions (inaction) of State bodies, local authorities and (or) their officials. 4. The decision to modify the substantive terms of the agreement, with the exception of the decisions referred to in Part 6 of this article, shall be taken by a public partner within thirty days of the receipt of a proposal by a private partner, on the basis of a decision of the authority. State authority or the head of municipal education who decided to implement the project. 5. In the event that, within 30 days of the receipt of a proposal by a private partner, the public partner did not agree to change the substantive terms of the agreement, did not notify the private partner of the commencement of the review of the matter in preparation The corresponding draft law (decision) on the budget for the next financial year and plan period or did not submit a reasoned refusal to the private partner, the private partner has the right to suspend the execution of the agreement before the public by the partner of the decision to modify the substantive terms of the agreement or Submission of a reasoned refusal. 6. A change in the material conditions of an agreement resulting in a change in the income or expenditure of the budgets of the Russian Federation's budget system is permitted only if such a change is made to the relevant law (in an appropriate decision) The budget for the corresponding financial year and the plan period. At the same time, within thirty days of the admission of a private partner, the public partner is required to notify the private partner of the commencement of the consideration of the matter in the preparation of the relevant law (s) on the budget for Another financial year and plan period, or to provide a motivated refusal to the private partner. 7. The agreement may be amended on the basis of a court decision on the request of one of the parties to the agreement on the grounds provided by the legislation of the Russian Federation, the international treaty of the Russian Federation and the agreement. 8. The agreement ends: 1) upon expiry; 2) by agreement of the parties; 3) in case of early termination by court decision; 4) on other grounds provided for by the agreement. 9. In case of early termination of the agreement, which contains the obligation of the private partner to transfer to the public partner in the ownership of the object of the agreement owned by the private partner, the object of the agreement is to be transferred to the private sector The partner of the public partner, provided that compensation is paid to the private partner executed in accordance with the agreement, which is reduced by the amount of damages caused to the public partner and third parties by such early termination. 10. In case of early termination of the agreement by a court decision due to the fundamental breach by a private partner of the terms of the agreement, the facility agreement is to be handed over to the public partner. In this case, the public partner within one day from the date of the court's decision shall submit it to the federal executive authority authorized in the field of registration of rights to immovable property and transactions with it, for registration of the right The property of the public partner in the said property. Registration of the ownership of the property by a public partner is carried out on the basis of a court decision. In the event that a private partner has been given land, forest, water, subsoil, subsoil, and the court has decided to terminate the agreement early, the rights of the private partner This land, forest land, water object, part of the water site, the subsoil area shall be terminated at the moment of entry into force of the said decision of the court. 11. The transfer of rights and obligations of a private partner under an agreement shall not be permitted, except in the cases provided for by this Federal Law. 12. The transfer of rights and responsibilities of a private partner in case of reorganization to another legal person must be subject to the conformity of the reorganization or reorganization of the legal entity with the requirements of the participants the competition established by this Federal Law and the competition document. 13. The transfer of rights and obligations under an agreement shall be permitted if the private partner is replaced in default or by improper performance of its obligations to the public partner and (or) the financier, and shall be carried out by means of a public undertaking. The partner of the competition, and in the case envisaged by Part 14 of this article, without competition. 14. The replacement of a private partner without a competition may be carried out by a decision of the public authority or the head of municipal education who decided to implement the project, and taking into account the opinion in the written form of the funding (if a direct agreement is concluded), provided that the failure or improper performance of the obligations of the private partner by the agreement entailed a breach of the essential terms of the agreement and (or) the infliction of harm to life or The health of persons or the threat of such harm and (or) Bankruptcy proceedings against a private partner. The new private partner, to which the rights and obligations of the agreement are transferred, must meet the requirements of the private partners established by this Federal Law and the competitive documentation. 15. The replacement of a private partner by agreement in the event of non-performance or improper fulfilment by a private partner of its obligations to the financing entity is carried out by a public partner of the competition to replace the private partner (if any) Not otherwise provided by agreement or direct agreement), subject to the following requirements for the competition: (1) the type of competition (open tender or closed contest), conditions and criteria for the competition to be replaced by a private partner by agreement, set by decision on implementation of the project, in The terms of the tender documentation under which a tender for the replacement of a private partner have been made must comply with the provisions of the competitive documentation approved by the A decision on the implementation of the project under which an agreement was concluded, with the exception of provisions, including the criteria for such a competition, which are modified in the light of actual performance by a private partner at the time of such a competition (...) (...) (...) in order to replace a private partner, together with the conditions of the competition referred to in paragraph 1 of this Part, is the obligation of the winner of the tender to fulfill the obligations of the private partner before the funding person in order and on the terms and conditions, that have been agreed upon with the financier and are subject to competitive solicitation documents for the replacement of a private partner by agreement. 16. The competition for the replacement of a private partner and the determination of the winner of the competition shall be carried out in accordance with chapter 5 of this Federal Law. There is an agreement between the public partner and the winner of the competition to replace the person by agreement. The rights and obligations of a private partner under a public-private partnership agreement, a public-private partnership agreement has been terminated since the conclusion of the agreement to replace a person under a public-private partnership agreement, A municipal-private partnership agreement. 17. In the event of the replacement of a person by agreement without a competition in the event of default or improper fulfilment by a private partner of its obligations to a public partner and (or) the funding person, the rules established in part 18 of this article shall apply. articles. 18. In the event of the replacement of a private partner, the terms of the agreement change on the basis of the actual performance by the private partner by the time of the contest, and taking into account proposals submitted by the winner of the competition The aim is to replace a private partner with better conditions than the terms of the agreement. The changes to the agreement and the terms and conditions of the agreement are formalized by an additional agreement to a public-private partnership agreement, a municipal-private partnership agreement. 19. Within three days from the date of the selection of a new private partner under this article, the private partner to be replaced shall hand over the facility referred to in the agreement to a new private partner. This transfer is the basis for the termination of the ownership of the subject of the agreement of the private partner to be replaced and the basis for the ownership of the agreement of the new private partner. 20. In the event that, after three hundred and sixty-five days after the date on which the replacement of a private partner has occurred, the replacement has not been effected, the agreement shall be subject to early termination in accordance with this article. Article 14. The rights of a public partner to exercise control over the implementation of the public-private partnership agreement, the public-private partnership agreement 1. Control by a public partner of the implementation of the agreement shall be carried out by a public partner, bodies and legal entities acting on the side of the public partner, in the person of their representatives, who under the agreement have the right to unimpeded Access to the object of the agreement and to the documentation relating to the implementation of the activities provided for by the agreement in order to identify violations by a private partner of the terms of the agreement and to prevent such violations. 2. The public partner monitors compliance by a private partner with the terms of the agreement, including the fulfillment of the obligations to comply with the terms of design, creation of the facility agreement, financing of creation of the facility agreement, and provision of accordance with the technical and economic indicators of the agreement reached by the agreement on the technical and economic indicators, the implementation of the activities provided for in the agreement, the operation of the agreement object in accordance with the objectives established by the agreement of the Agreement, as well as the achievement of the criteria The effectiveness of the project and the values of its comparative advantage, on the basis of which a positive conclusion of the authorized body has been obtained. 3. Representatives of a public partner, bodies and legal entities acting on the side of a public partner are not right: 1) to interfere with the business of a private partner; 2) to disclose information, which are classified as confidential or classified as commercial or State secrets. 4. The monitoring of the implementation of the agreement, including compliance by a private partner with the terms of the agreement, shall be carried out by a public partner in accordance with the procedure established by the Government of the Russian Federation. 5. The results of the monitoring of compliance by a private partner of the terms of the agreement shall be established by an act of control. 6. The results of the monitoring shall be placed by the public partner within five days from the date of the act on the official website of the public partner in the Internet information and telecommunications network. In the event that a public partner is a municipal entity and no official website is available in the public telecommunications network Internet, the act on the results of control is to be placed on the official website The website of the constituent entity of the Russian Federation, within the boundaries of which is located such municipal education, in the information and telecommunications network Internet. The Act shall be accessible during the period of validity of the agreement and after the expiry of the agreement within three years. 7. The Control Results Act is not placed on the Internet Information and Telecommunications Network in the event that the information about the object of the agreement constitutes a State secret or the object is of strategic importance to the security The defence and security of the State. Article 15. Guarantees of the rights and legitimate interests of a private partner in the implementation of the public-private partnership agreement 1. In the implementation of the activity provided for in the agreement, the private partner shall be guaranteed protection of his rights and lawful interests in accordance with the Constitution of the Russian Federation, international agreements of the Russian Federation, and this Federal Act. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. The private partner is entitled to compensation for damages suffered as a result of unlawful actions (inaction) of State authorities, local authorities and (or) officials of these bodies, in accordance with Russian Federation Civil Code. 3. In case of sale by a private partner of the goods produced, performed works, services at regulated prices (tariffs) or taking into account the established allowances to the prices (tariffs) of the state authorities and local authorities, respectively Self-management, which performs functions in the sphere of price regulation (tariffs), set prices (tariffs) and mark-up (tariffs) on goods produced and sold by private partner, performed work, services provided based on certain the volume of investments and the timing of their investment in the creation and (or) reconstruction of the facility The agreement, as well as the modernization, replacement of a private partner by a private partner in the agreement of the property, improvement of its performance and operational properties. 4. Private partners are guaranteed equal rights under the laws of the Russian Federation, the legal regime of activities which exclude the application of discriminatory measures and other measures that prevent private partners from disposing of the goods freely. Investments and resulting product and income generated by the agreement. 5. In the event that, during the period of validity of the agreement in the legislation of the Russian Federation, the normative legal acts of the constituent entities of the Russian Federation, the municipal legal acts were amended and entered into force, resulting in an increase in the total number of The tax burden on the private partner or the deterioration of the position of a private partner, including establishing a regime of prohibitions and restrictions against a private partner, which worsens its situation as compared to the situation prior to the entry into force of the changes so that he is deprived of what he was entitled to receive The conclusion of the agreement, the public partner is obliged to take measures to ensure the return on investment of the private partner's investments and the receipt of gross proceeds (revenue from sale of goods produced, delivery of works, services at regulated prices) (tariffs) not less than the amount originally defined by the agreement. As measures to ensure the return on investment of a private partner and the receipt of gross proceeds (revenue from the sale of goods produced, works, services at regulated prices (tariffs), at least as much as The public partner has the right to increase the financial support of the public partner, the duration of the agreement with the consent of the private partner, the amount of the public spending on creation, and (or) maintenance, and (or) operation of the object of the agreement, and Provide additional state or municipal guarantees to the private partner. Such amendments to the agreement shall be made on the basis of the decision of the Government of the Russian Federation, the supreme executive body of the State authorities of the constituent entity of the Russian Federation and the head of municipal education in accordance with the procedure established by the Government of the Russian Federation. Agreement. The quality and consumer properties of the agreement object are not subject to change. 6. The provisions of Part 5 of this article do not apply to the modification of the terms of the agreement in connection with the adoption of federal laws in order to protect the foundations of the constitutional system, ensure the defence of the country and the security of the State. 7. The provision on modification of the terms of the agreement in part 5 of this article shall not apply if the modification is made in the technical regulations or legal act of the Russian Federation governing the relationship between the subsoil and the environment. environmental health. 8. In the event of an agreement under which the private partner carries out the goods it produces, perform the work, provide services at regulated prices (tariffs) and (or) taking into account the established The allowances for them, regulated prices (tariffs), the allowances for them are revised, including taking into account the changes in the long-term parameters of the regulation of the private partner, and do not comply with the terms of the agreement, the terms of the agreement must be changed at the request of a private partner. 9. The agreement may also establish other guarantees of the rights of a private partner, not contrary to this Federal Act, other federal laws, other regulatory legal acts of the Russian Federation, legal acts of the subjects OF THE PRESIDENT OF THE RUSSIAN FEDERATION 10. During the conclusion of the agreement, the public partner is obliged to assist the private partner in obtaining the necessary agreements for the achievement of the purposes of the agreement of the federal executive authorities, the executive bodies of the state The authorities of the constituent entities of the Russian Federation and (or) of the local self-government bodies and (or) the agreements of these bodies. 11. The term of the agreement is set in accordance with the period of creation of the object of the agreement, the volume of investments invested in the creation of such an object, the period of return of these investments, the period of receipt by the private partner of the funds (revenue) in the amount determined Agreement. Chapter 4: The powers of the Russian Federation, the constituent entities of the Russian Federation, municipal entities in the sphere of public-private partnership, in the sphere of municipal-private partnership. Authorized Authorities Article 16. The powers of the Russian Federation in the sphere of public-private partnership, in the sphere of municipal-private partnership 1. The Government of the Russian Federation, in the sphere of public-private partnership, in the sphere of municipal-private partnership includes: 1) the establishment of the form of the project proposal, as well as requirements for the envisaged Part 3 of article 8 of this Federal Law; (2) to establish procedures for evaluating the effectiveness of the project and determining its comparative advantage in accordance with article 9, paragraphs 2 to 5, of this Federal Law; (3) Establishing procedures for the enforcement of private compliance the partner of the terms of the agreement; 4) the decision on the implementation of the public-private partnership project, the public partner of which is the Russian Federation, or the public-private partnership project for which It is planned to hold a joint contest with the participation of the Russian Federation; 5) the exercise of other powers provided for by this Federal Law, other federal laws and regulatory legal acts of the Government of the Russian Federation. 2. The federal executive authority, which is authorized to implement the State' s investment policy, exercises the following powers: 1) The executive authorities in the implementation of the public-private partnership agreement, if the Russian Federation is a public partner or a joint competition involving the Russian Federation is planned; 2) Setting the procedure for monitoring the implementation of agreements; (3) adopting a methodology for evaluating the effectiveness of the project and determining its comparative advantage in accordance with article 9, paragraphs 2 to 5, of this Federal Law; 4) assessing the effectiveness of the public-private project Partnerships and its comparative advantage in accordance with article 9, paragraphs 2 to 5, of this Federal Act, if the Russian Federation is a public partner in the agreement; 5) the agreement of a public partner competition law for holding competitions for the right of opinion Public-private partnership agreements with the Russian Federation as a public partner; 6) monitoring the implementation of agreements; 7) promoting the rights and legitimate interests of public partners and private partners in the implementation of the agreement; 8) maintenance of the register of agreements; 9) methodical support for project preparation, design, implementation and termination Agreements; 10) ensuring openness and accessibility Information on the Public-Private Partnership Agreement if the Russian Federation is a public partner in the agreement; 11) the exercise of other powers provided for by this Federal Law, others OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. In the case provided for in article 17, paragraph 3, of this Federal Act, the federal executive authority, which is authorized to implement public investment policy, assesses the effectiveness of the project. public-private partnership and its comparative advantage in accordance with article 9, paragraphs 2 to 4, of this Federal Act for a public-private partnership project with a public partner of the Russian Federation. Article 17. The powers of the constituent entities of the Russian Federation in the public-private partnership scope 1. The authority of the supreme executive body of the State power of the Russian Federation in the sphere of public-private partnership, in the sphere of municipal-private partnership includes the decision on the implementation of the project. A public-private partnership, if a public partner is a constituent entity of the Russian Federation, or a joint competition involving the constituent entity of the Russian Federation is planned (except in the case of which it is planned to be held) of the Russian Federation), as well as the implementation of other OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. In the event that a public partner is a constituent entity of the Russian Federation, the supreme executive body of the constituent entity of the Russian Federation shall determine the executive authority of the constituent entity of the Russian Federation for the purpose of implementation. The following powers are: 1) ensuring inter-agency coordination of the activities of the executive authorities of the constituent entities of the Russian Federation in the implementation of the agreement on public-private partnership in which OF THE RUSSIAN FEDERATION A public-private partnership for which a joint competition involving the subject of the Russian Federation is to be held (except in the case of a joint competition involving the Russian Federation); (2) Evaluating the effectiveness of the public-private partnership project, a public partner of which is the constituent entity of the Russian Federation, and determining the comparative advantage of the project in accordance with article 9, paragraphs 2 to 5 of this Federal Act, as well as the evaluation of the effectiveness of the project Municipal-private partnership and the determination of its comparative advantage in accordance with article 9, paragraphs 2 to 5, of this Federal Law; 3), the public partner is agreed upon by a public tender for tenders The right to enter into an agreement on a public-private partnership in which the constituent entity of the Russian Federation is a public partner; 4) to monitor the implementation of the agreements; 5) assistance in the protection of rights and lawful the interests of public partners and private partners in the Implementation of the public-private partnership agreement; 6) maintenance of the register of agreements; 7) ensuring the openness and accessibility of information on public-private partnership agreements concluded The public partner in the agreement is the constituent entity of the Russian Federation; 8) the submission to the federal government of the federal government of the results of the monitoring of the implementation of the agreement, the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION THE RUSSIAN FEDERATION 3. The supreme executive body of the state authorities of the Russian Federation has the right to send a public-private partnership project to evaluate its effectiveness and determine the comparative advantage of the public-private partnership project. In accordance with article 9, paragraphs 2 to 5, of this Federal Act, the federal executive authority responsible for the implementation of public policy in the area of investment activity. Article 18. The powers of municipal education in the area of municipal-private partnership 1. The powers of the municipal education authority in the municipal-private partnership area include the decision on the implementation of the municipal-private partnership project, if the public partner is a municipal entity or is planned The holding of a joint competition with the participation of the municipal education (except in the case of a joint competition involving the Russian Federation, the constituent entity of the Russian Federation), as well as the exercise of other powers, provided for by this Federal Act, other federal by the laws and normative legal acts of the Russian Federation, the normative legal acts of the constituent entities of the Russian Federation, the statutes of municipal entities and municipal legal acts. 2. The head of municipal education, in accordance with the charter of municipal education, defines the local government authority authorized to exercise the following powers: 1) to coordinate the activities of the local authorities. Self-governance in the implementation of the municipal-private partnership project; (2) agreeing on a public tender for tender documentation for the right to conclude a municipal-private partnership agreement; 3) Monitoring the implementation of the agreement Municipal-private partnership; 4) assist in protecting the rights and legitimate interests of public partners and private partners in the implementation of the municipal-private partnership agreement; 5) maintenance of the register of prisoners Municipal-private partnership agreements; (6) ensuring the openness and availability of information on the municipal-private partnership agreement; 7) to present the monitoring results to the authorized body Municipal and private partnership agreements; 8) OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. The head of municipal education is sent to the executive power body of the constituent entity of the Russian Federation, defined by the supreme executive body of the federal subject of the Russian Federation, the project of municipal-private partnership for the To evaluate the effectiveness of the project and determine its comparative advantage in accordance with article 9, paragraphs 2 to 5, of this Federal Act. Chapter 5: Definition of a private partner for the implementation of the public-private partnership project, project municipal-private partnership Article 19. Competition for the right to conclude an agreement on a public-private partnership agreement municipal-private partnership 1. The Agreement shall consist of a competition for the right to enter into an agreement (hereinafter also the competition), except as provided for in part 2 of this article. 2. The conclusion of the agreement without the competition is allowed: 1) with the initiator of the project, if within a period of forty-five days from the date of the project initiated by the proponent, on the official website of the Russian Federation in "Internet" telecommunications and information network for the posting of information on tenders, defined by the Government of the Russian Federation, from other persons did not receive a declaration of intent to participate in the competition or if such declarations of intent Persons not in conformity with the requirements of article 5, part 8 of this Federal Law; 2) with the applicant (hereinafter referred to as the applicant) to participate in the contest and the recognized participant of the contest, in the event that the person is recognized as the only participant in the contest; 3) c Persons who submitted the only application for participation in the competition, if at the end of the tender period only one application for participation in the competition was submitted and the person concerned met the requirements for recognition a contest participant; 4) with a person who submitted a single tender a proposal, if it meets the requirements of the tender documentation, including the criteria of the competition. 3. The competition may be open (applications may be submitted by any person) or closed (applications for participation in the competition may be submitted by the persons invited to participate in the competition in accordance with the decision on implementation of the project). A closed contest is held if the agreement is concluded with respect to the object of the agreement, the information about which is a state secret. The public partner, the tender commission and the participants in the closed competition must comply with the requirements of the Russian Federation's law on state secrets. Information classified as a State secret in accordance with the legislation of the Russian Federation is not subject to publication in the mass media, the Internet information and telecommunication network and the inclusion in the notification of a competition to be sent to persons in accordance with the decision to enter into an agreement. 4. The contest is held in accordance with the decision on the implementation of the project and includes the following stages: 1) the posting of a contest on the official website of the Russian Federation in the information and telecommunications network Internet " to provide information on the conduct of tenders determined by the Government of the Russian Federation, or in the event of a closed competition, the period of notice to the persons decided on the implementation of the project, notice of the holding of the closed meeting competition invitation to participate in the closed competition; 2) Submission of applications for participation in the competition; 3) opening of envelopes with applications for participation in the tender; 4) pre-selection of bidders; 5) presentation of bids; 6) opening of envelopes with competitive bids; 7) examination, evaluation of bids and identification of the winner of the contest; 8) the signing of a protocol on the results of the competition, posting of the message on of the Russian Federation Information and telecommunications network "Internet" for posting information on tenders defined by the Government of the Russian Federation and notification of participants of the contest on the results of the competition. 5. In accordance with the decision on the implementation of the project, the competition for the right to conclude a public-private partnership agreement and a municipal-private partnership agreement, respectively, may be conducted without the stage referred to in paragraph 4 of Part 4 of this Regulation. articles. 6. The competition is open to participants, except in cases where the competitive documentation contains information constituting a State secret and other cases provided for in the legislation of the Russian Federation. The closed competition shall be held without the stage specified in paragraph 1 of part 4 of this article. Informing the persons entitled to participate in the closed competition shall be made by means of their written notification. 7. The public partner in coordination with the authorized body determines the content of the tender documentation and the procedure for posting a contest on the official website of the Russian Federation in the information and telecommunications network Internet. for the placement of information on tenders, determined by the Government of the Russian Federation, the form of applications for participation in the competition, the procedure for pre-selection of the participants in the competition, the evaluation of the tender offer and the placement of results Competition. 8. The competent authority monitors the conformity of the competition document with the project proposal, which resulted in the decision to implement the project, including the conformity of the competition documents with the results of the evaluation The effectiveness of the project and its comparative advantage. 9. The criteria of the competition may include: 1) technical criteria; 2) financial-economic criteria; 3) legal criteria (duration of the agreement, risks assumed by the public partner and private) by a partner, including commitments made by a private partner in cases of underutilization of planned revenues from the operation and (or) maintenance of an agreement object, the creation of additional costs in the creation of the facility the Agreement, its operation and (or) its maintenance). 10. The criteria for the effectiveness of the project and the value of its comparative advantage should be taken into account when establishing the criteria for the competition, on the basis of which the authority's approval was obtained. 11. For each of the requirements of Part 9 of this article, the criteria for the competition are: 1) the initial condition as a numeric value (the initial value of the competition criteria); 2) a decrease, or Increasing the initial value of the tender criteria in the tender; 3) the weighting factor that takes into account the relevance of the competition criteria. 12. The weighting factors that take into account the significance of the competition criteria in Part 9 of this Article may change from zero to one, and the sum of the values of all coefficients shall be equal to one. 13. The use of the criteria of the competition not covered by this article shall not be permitted. 14. The highest weighting factors that take into account the significance of the competition criteria in Part 9 of this article may be: 1) technical criteria-up to zero five-ten; 2) Financial-economic criteria-up to zero whole eight tenths; 3) legal criteria-up to zero five-ten. 15. The values of the competition criteria for the evaluation of bids are determined in the competitive documentation. 16. The submission of an application for participation in the competition by persons not in conformity with the requirements specified in article 5, paragraph 8, of this Federal Act, as well as participation in the competition of such persons is not permitted. 17. The amount of private funding to be used for the implementation of the agreement is a mandatory criterion for competitive documentation. 18. In the event that the agreement provides for partial financial support for the project by a public partner, the criteria for the competition must include the maximum projection of the said financial security. 19. Before the deadline for submission of applications for participation in the tender, competitive bidding, the person submitting the application for participation in the competition, the tender offer, is entitled to change or withdraw its application for participation in the competition, Proposal. 20. The winner of the contest is a participant of the contest, the tender offer of which by conclusion of the competition commission contains the best conditions compared to the conditions that are contained in the bids of other participants of the competition. 21. The decision of the competitive commission to evaluate bids and to determine the winner of the tender should be motivated and meet the criteria set out in the tender documentation. 22. The time limit for the review and evaluation of bids is determined by the competitive documentation on the basis of the decision to implement the project. 23. The results of the evaluation of the bids are reflected in the protocol for the consideration and evaluation of bids, which is to be placed on the official website of the Russian Federation in the information and telecommunications network Internet for accommodation. The Conference of the States Members of the United Nations that are members of the Committee on the Rights of the 24. In case of refusal or evasion of the winner of the competition from the signing of the agreement, it is permissible to conclude an agreement with the participant of the competition, the tender offer of which after examination and evaluation of the bids contains the best conditions following the conditions offered by the winner of the contest. The conclusion of an agreement with such a participant shall be carried out in the procedure of concluding an agreement with the winner of the competition provided for in article 32 of this Federal Law. 25. The contest is not recognized by a public partner decision taken by: 1) no later than one day after the deadline for submission of bids in the event of less than two such applications; 2) no later than one day after the date of the deadline for the pre-selection of the contest participants, in the event that less than two persons who submitted requests for participation in the competition are recognized as participants in the contest; 3) not later than than one day after the expiry of the deadline for the submission of bids in the event of less than two bids; 4) no later than one day from the end of the period for signing the agreement by the participant of the tender whose tender offer is based on the examination and evaluation of the competition The proposals shall contain the best conditions following the conditions proposed by the winner of the competition if the agreement was not signed by that person within that time limit or no later than one day after the person's refusal to enter into an agreement. Article 20. A joint competition for the right of conclusion of the public-private partnership agreement, Municipal-Private Partnership Agreement 1. In order to conclude a public-private partnership agreement, two or more public partners have the right to hold a joint competition. 2. The joint competition shall be held in accordance with the procedure established by this chapter. 3. The rights, duties and responsibilities of public partners in holding a joint competition are determined by the agreement on holding a joint competition. Each public partner has a separate agreement with the winner of the joint contest. 4. The organizer of the joint contest is one of the public partners, to which other public partners, on the basis of the agreement on holding a joint contest, part of their competence in organizing and holding the joint competition. 5. The joint competition agreement includes: 1) information about the person who organized the joint competition, as well as the parties to the joint competition agreement; (2) the rights, obligations and Responsibility of the parties to the agreement to hold the joint competition, including the list of authorities delegated to the organizer by the parties to the agreement; 3) the procedure for the negotiation and timing of decisions on the implementation of the project and the conduct of the project a joint competition; 4) information about the terms of the agreements, (a) Order and deadlines for the preparation and approval of competitive documentation, the approximate date of the joint competition; (6) the procedure and timing of the formation of a competitive commission; 7) the procedure for the consideration of disputes; 8) the procedure for placing information on the agreement on the official website of the Russian Federation on the Internet to provide information on tendering; of the Russian Federation; 9) Information that defines the relationship between the parties to the joint competition agreement. Article 21. Competing documentation 1. The competition documentation should contain: 1) the project implementation decision; 2) the condition of the competition; 3) the requirements for the professional, business quality of the submitting requests the competition of the persons and according to which the participants of the contest; 4) an exhaustive list of documents and materials, the form of their submission by the persons submitting applications for participation in the competition Proposals and contest participants; 5) contest criteria; 6) the deadline for the posting of the competition on the official website of the Russian Federation in the information and telecommunications network "Internet" for the posting of information on tendering as determined by the Government of the Russian Federation, or notifying persons in accordance with the decision to enter into an agreement at the same time as an invitation to participate in the competition; 7) the procedure for submitting applications for and requirements for competition; 8) place and deadline for submission of bids (dates, times (start and expire); 9) Order, place and deadline for tender documentation; 10) how to provide explanations of the provisions of the competitive documentation; 11) an indication of how to provide private security A partner in the performance of the obligations under the agreement, as well as the requirement to submit documents to support the fulfilment of the obligations of the private partner under the agreement; 12) the amount of the advance payment the obligations to conclude an agreement (hereinafter referred to as "the deposit"), the order and the date the order, place and date of the tender offer (date and time of the beginning and expiry of this period); 14) the order and date of the change and (or) the withdrawal of bids Participation in the tender and tender; 15) the order, place, date and time of the opening of the envelopes with applications for participation in the competition; 16) the procedure and date for the pre-selection of bidders, the date of signature Protocol on the preliminary selection of bidders, if any Selection is provided for by tender conditions; 17) the order, place, date and time of the opening of the envelopes with bids; 18) the procedure for the review and evaluation of bids; 19) the order of the winner's determination Competition; 20) the time frame for the signature of the competition; 21) the time frame for the signing of the agreement; 22) and the procedure for holding the negotiations with the winner of the contest. 2. In case the private partner implements the activities under the agreement, the implementation of the goods by a private partner, the delivery of services is done at regulated prices (tariffs) and (or) taking into account The established parameters for the price (tariffs) and the decision of a public partner have established long-term parameters for regulating the activity of a private partner, and the competitive documentation must contain such parameters. 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 case of open competition, the public partner places the competitive documentation on the official website of the Russian Federation in the information and telecommunications network "Internet" for the posting of information on tendering. The Government of the Russian Federation shall, for a period not exceeding five days from the date of its adoption. Competitive documentation posted on the official website of the Russian Federation in the information and telecommunications network "Internet" for the posting of information on tenders, as determined by the Government of the Russian Federation, should be available to the public. free of charge. From the day of posting of the tender documentation on the official website of the Russian Federation in the information and telecommunications network "Internet" for the posting of information on tenders, as defined by the Government of the Russian Federation, reports on The public tender, the tender commission is obliged, on the basis of a written statement by any interested person, to grant such person the competitive documentation in the order and within the time limits specified in the tender. The announcement of an open competition. In the case of a closed competition, a public partner, 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 within the deadlines set by the competitive bidding process. documentation. 5. The public partner, the tender commission is obliged to provide in writing an explanation of the provisions of the tender documentation at the request of the applicants, if such requests were made to a public partner, to a tender commission not later than ten days The date of expiry of the deadline for the submission of applications for participation in the competition. The solicitation documents shall be communicated by a public partner, by a tender commission to each applicant within the time limits established by the solicitation documents, but not later than five days before the date of expiry of the deadline for submission of applications in 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 of the Russian Federation in Information and telecommunications network "Internet" for the posting of information on tendering, as defined by the Government of the Russian Federation. The requests made by claimants in this part and the explanation of the provisions of the solicitation documents, upon request by the claimants with the application of the content of the request, without specifying the applicant from which the request was made, may also be submitted to them in electronic form. 6. The public partner is entitled to make changes in the competitive documentation, provided that the deadline for submission of bids or bids is obligatory for not less than thirty days from the date of such changes. The tender commission is posted on the official website of the Russian Federation on the official website of the Russian Federation on the website of the Russian Federation in the information and telecommunications network "Internet". The Conference of the Parties, Article 22. Competition Commission 1. A competitive commission shall be established for the holding of the competition by a public partner. The number of members of the tender commission may not be less than five. 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. 2. Members of the tender commission, independent experts may not be citizens who are employees of the persons who submitted applications for participation in the competition, or citizens who are shareholders (participants) of these persons, members of their governing bodies, or their members. Affiliated persons. If independent experts of such persons are identified in the tender commission, the public partner shall replace them by other persons. 3. The Competition Commission performs the following functions: 1) places a message about the competition (in open competition); 2) directs persons in accordance with the decision to implement the project At the same time the competition was invited to take part in the tender (when holding a closed contest); 3) puts a notice of changes in the competition documents and also sends the notification to the persons in accordance with the decision on project implementation; 4) accepts requests for participation in the competition, competitive tender; 5) provides competitive documentation, explanations of the provisions of the tender documentation; 6) performs an opening of envelopes with applications for participation in the tender, competitive offers, and also examination of applications for participation in the competition, competitive bids; 7) examines the documents and materials submitted by applicants for the competition, competitive offers, and the participants of the competition in accordance requirements, established solicitation documents, validity the information contained in these documents and materials; 8) establishes the compliance of the applicants for the tender, the tender offers, and the competitive bids to the requirements established by this Federal The law and the competitive documentation, as well as the conformity of the competitive bids with the criteria of the competition and the requirements; 9) shall, if necessary, request and obtain information from the authorities and organizations concerned for verification. Reliability of the information sent by the submitting entities Participation in the competition, the participants of the competition; 10) decides on the admission of the person who submitted the application for participation in the contest, to participate in the competition (to recognize such person as a participant of the contest) or to refuse him admission to participate in the competition 11) determines the participants of the competition; 12) sends invitations to the bidders to submit bids, reviews and evaluates bids sentences; 13) pre-select the participants in the competition OF THE PRESIDENT OF THE RUSSIAN FEDERATION [ [ recognition of the winner]]; (15) signs the postmortem examination of envelopes with competitive offers, the protocol for the review and evaluation of the bids, the protocol of the results of the competition; 16) notifies the participants Contest on the results of the competition; 17) On the official website of the Russian Federation, a communication on the results of the competition was posted on the Internet and telecommunications network of the Russian Federation. Article 23. Submission of applications for competition 1. Applications for participation in the competition shall be in accordance with the requirements set out in the tender documents, contain documents and materials, as required by the solicitation documents and confirm that the claimants have met the requirements, The Conference of the Parties, 2. The deadline for the submission of applications for participation in the competition is not less than thirty days from the date of the announcement of the tender or from the day of notification to the persons, in accordance with the decision on the implementation of the project at the same time as the The invitation to take part in the contest. 3. The application for participation in the competition shall be made in written form in Russian, taking into account the provisions of Part 1 of this article in two copies (original and copy), each of which shall be authenticated by the applicant's signature and shall be submitted to the contesture A commission, in the manner prescribed by the tender documentation, in a separate 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, and the copy shall be made available 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) to avoid the 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 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 24. Opening Envelopes with Applications to contest 1. Envelopes with applications for participation in the contest 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 addition, they shall be declared and recorded in the opening protocol of the envelopes containing applications for the name and location of each applicant, the envelope with the application for participation in the tender, as well as information on the existence of the application The documents and materials to be submitted by the applicant are provided through competitive documentation. 2. Applicants or their representatives are entitled to be present at the opening of envelopes with applications for participation in the competition. The complainants or their representatives have the right to make audio recordings, video recordings, photographs. 3. All envelopes containing applications for participation in the tender are to be submitted to the tender commission before the deadline for submitting applications for participation in the competition. 4. 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. Article 25. Pre-selection of participants competition 1. The pre-selection of the participants of the competition shall be conducted in accordance with the procedure established by the tender commission, which determines: 1) the compliance of the application for participation in the competition with the requirements contained in the tender documentation. The Competition Commission may require the applicant to explain the provisions of the application for participation in the tender; 2) the applicant's compliance with the requirements of the bidders. The Competition Commission may require the applicant to explain the provisions of the documents submitted to them and the claimant's conformity with the documents and materials; 3) the claimant's conformity with the requirements of the claimant to a private partner under this Federal Act. 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 in the competition, including the name of the applicant who was pre-selected and admitted to the competition and the name of the applicant who has not been pre-qualified selection of bidders and non-eligible participants, with justification by a tender commission of the decision. 3. The decision to refuse admission to the competition is made by a tender commission if: 1) the applicant does not meet the requirements for the bidders; (2) the application for participation in the tender is not comply with the requirements for tender and competitive documentation; 3) the documents submitted by the applicant and the incomplete and (or) non-exhaustive; 4) the applicant's deposit entered into the account on time and in size, which are set by competitive documentation, The condition that the tender documentation provides for the deposit of the deposit before the deadline for the submission of applications for participation in the contest. 4. Competition Commission within three days from the day of signing by the members of the tender commission of the protocol for the pre-selection of bidders, but not later than sixty days before the date of expiry of the deadline for the submission of competitive bids in the The tender commission will send a notification to the contest participants with a proposal to submit bids. Applicants who are not allowed to participate in the competition shall be notified of the denial of participation in the competition with the copy of the specified protocol and return their deposit amounts within five days from the date of signing Protocol by the members of the tender commission, provided that the tender documentation provides for the deposit of the deposit before the deadline for the submission of applications for participation in the competition. 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. The public partner has the right to open an envelope with the only application submitted for participation in the competition and to consider the application in the manner prescribed by this article within three days from the date of the decision on the recognition of the contest. In the event that the applicant and the applicant submitted for the competition are in compliance with the requirements set by the tender documentation, the public partner within ten days from the date of the decision on the recognition of the competition is not right To invite such a claimant to submit a proposal for the conclusion of an agreement on terms and conditions corresponding to the competitive documentation. The deadline for the applicant to submit this proposal is no more than sixty days from the date of receipt by the applicant of a proposal by a public partner. The date of consideration by a public partner of the proposal submitted by such applicant shall be established by a public partner, but shall not constitute more than fifteen days from the date of submission of the proposal by such applicant. As a result of the consideration of the proposal submitted by the applicant, the public partner, if the proposal fulfils the requirements of the tender documentation, including the criteria of the competition, decides to enter into an agreement with such a by the claimant. 7. The public partner shall return the applicant who submitted the only application to the tender in the event that: 1) the applicant was not invited to submit a proposal to the public partner for the conclusion of the agreement (in within fifteen days from the date of the decision on the recognition of the contest); 2) the applicant did not submit a proposal to the public partner to enter into an agreement (within five days after the expiry of the deadline) (...) (...) (...) The result of the review of the complainant's proposal to conclude an agreement was not decided upon by the applicant (within five days after the date of expiry of the time limit for consideration by the public partner) Proposals for the conclusion of an agreement). Article 26. 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. 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. 3. If the tender documentation provides for the deposit 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. 4. 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. 5. 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. 6. 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. 7. The tender offer specifies the value of the condition as a number for each criterion of the competition. Article 27. Opening envelopes with bids 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. The opening of envelopes with competitive bids shall be announced and recorded in the post envelope of the opening envelope containing the tender offers the name and location of each participant of the competition, information on the presence of documents in the tender and The materials required to be submitted by the participants in the tender are contained in the tender documentation. 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. Competition participants who submitted competitive bids to the competition commission or their representatives are entitled to carry out audio recording, video recording, photography. 3. All envelopes are to be submitted with competitive bids submitted by the bidders before the deadline for the submission of bids, except for envelopes with competitive bids submitted by the bidders. The participants in the competition who were not satisfied with the order, size and (or) date of deposit of the deposit, were not satisfied. 4. Envelope with a tender offer submitted to the tender commission upon the expiry of the deadline for the submission of competitive bids, as well as an envelope with a tender offer submitted by the participant of the competition, which were not respected The order, size and (or) date of deposit is not opened and returned to the submitting contest participants together with the inventory of documents and materials submitted to them, which is the mark of refusal of acceptance a competitive bid. Article 28. { \b } { \b } { \b } { \b Consideration of bids submitted by bidders whose tender bids are subject to an autopsy in accordance with article 27 of this Federal Act are subject to competitive examination. by means of a competitive commission, which determines the conformity of the tender to the requirements of the competitive documentation and shall conduct an evaluation of the bids against which it is decided to meet the requirements of the competitive documentation, in order to determine the winner of the competition. 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. 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 by the tender documentation, The confirmation of the compliance of the tender with the requirements, the established competitive documentation and the supporting information contained in the tender offer; 2), the condition contained in the tender offer is not criteria for the competition; 3) The documents and materials submitted by the participant are unreliable. 4. The decision on the non-conformity of the tender to the requirements of the competitive documentation may be appealed in accordance with the procedure established by the legislation of the Russian Federation. 5. The evaluation of the bids is performed in the following order: 1) if the criteria for the competition are to increase its initial value, the value calculated by the condition contained in the tender and such The criterion is to be determined by multiplying the factor by the ratio of the value of the criterion contained in the tender and the lowest of the values of the conditions for the difference of the largest of the bids contained in all bids and the lowest of the The values of the conditions contained in all competitive bids; 2) in the event that the criterion for the competition is reduced to its initial value, the value calculated by the conditions contained in the tender offer and such conditions The criterion is to be determined by multiplying the factor by the ratio of the largest of the values of the conditions contained in all the tender offers and the value of the condition contained in the tender for the difference of the largest of the bids contained in all bids and the lowest of the the values of the conditions contained in all bids; 3) for each tender of the value, calculated on all the criteria of the competition in accordance with the provisions of paragraphs 1 and 2 of this Part, shall be summed up and defined Total. 6. The conditions in the tender shall be evaluated by a tender commission by comparing the results of the summation of the total value determined in accordance with the procedure established in part 5 of this article. 7. The public partner 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 The competition of the agreement in accordance with the conditions contained in the tender proposal presented to them, within 30 days from the date of the decision on the recognition of the contest cancelled. In the event that, following the examination of the tender offer by a public partner submitted by only one participant, no decision has been taken to enter into an agreement with this 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. Article 29. The order of the winner of the contest 1. The winner of the competition is a participant of the competition, offering the best conditions determined in accordance with the procedure provided for in article 28 of this Federal Law. 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 competition who submitted a competitive 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 examination of the tender proposals with the tender proposals for which they did not meet the requirements of the tender documentation; 4) the results of the tender evaluation; 5) name and location of the winner of the contest, justification The decision by the tender commission to recognize the participant of the contest as the winner of the competition, as well as the participant of the competition, the tender offer of which after examination and evaluation of the bids contains the best conditions following the contest The conditions proposed by 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 30. The content of the { \b } { \b } { \b } { \b results } The Competition Commission shall sign a protocol on the results of the competition not later than five days from the date of its signing of the protocol for the examination and evaluation of bids, which includes: 1) the decision to conclude An agreement specifying the type of competition; (2) the competition message; 3) a list of persons who, in accordance with the decision to implement the project, were notified of the competition at the same time as the invitation take part in the contest (in closed contest); 4) the tender documentation and the changes made to it; 5) requests for participants in the tender for clarification of the provisions of the tender documentation and the corresponding explanations of the public partner or the tender commission; 6) the protocol Opening Envelopes with Applications for Participation in the Competition; 7) originals of applications to participate in the tender; 8) the protocol for pre-selection of bidders in the event that Pre-selection is provided by the project implementation decision; 9) List of bidders who have been notified with a proposal to submit bids; 10) post-envelope opening protocol; 11) the review and assessment report Competitions. 2. The protocol on the results of the competition shall be kept by the public partner during the term of the 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 days from the day of the signing of the protocol on the results of the contest. Article 31. { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } competition The Competition Commission within fifteen days from the day of the signing of the protocol on the results of the competition or the decision by a public partner of the announcement of the contest is obliged to place on the official website of the Russian Federation in the official website of the Russian Federation Internet Information and Telecommunications Network for the placement of information on tendering, as determined by the Government of the Russian Federation: 1) a communication on the results of the competition with the winner of the contest and the participant competitive examination resulting from the review and The evaluation of the tender offers the best conditions following the conditions offered by the winner of the contest; 2) the decision to declare a contest to be cancelled, the reasoning behind this decision, with the name of the person who has the right to conclude an agreement (if any) with this Federal Law. 2. The Competition Commission within fifteen days from the day of the signing of the protocol on the results of the competition or the decision by a public partner about the announcement of the contest is obliged to send a notification of the results of the competition The complainants, the participants of the competition. The notification may also be sent electronically. 3. Any applicant has the right to appeal to the public partner for explanations of the results of the competition, and the public partner is obliged to provide him with written explanations within thirty days from the date receiving such treatment. Article 32. The procedure for concluding an agreement on a public-private partnership agreement on a municipal-private partnership 1. The public partner, within five days of the signing of the protocol by the members of the tender commission of the results of the competition, sends the winner of the contest an instance of the said protocol, the draft agreement, which includes the terms of the agreement, -certain decisions on the implementation of the project, competitive documentation and the winner of the tender by a tender offer, as well as other federal laws provided for by this Federal Law. The agreement must be signed within the deadline set by the tender documentation, but no earlier than ten days from the date of the final protocol on the results of the competition on the official website of the Russian Federation in the Russian Federation. Information and telecommunications network "Internet" for the posting of information on tendering, as defined by the Government of the Russian Federation, in case of holding of open competition. 2. In case the winner of the tender has not presented to the public partner documents stipulated by the tender documentation and/or the draft agreement, the public partner has the right to accept the documents before the deadline. The decision not to enter into an agreement with the said person. 3. After the day of signing by the members of the tender commission of the protocol on the results of the competition, the public partner, on the basis of the decision on the implementation of the project, holds negotiations in the form of joint meetings with the winner of the contest or with a different face, in relation to the contest which has been decided to enter into an agreement under this Federal Act, in order to discuss the terms of the agreement and their possible change in the outcome of the negotiations. According to the results of the negotiations, the substantive terms of the agreement cannot be changed, as well as the conditions which were the criteria of the competition and (or) the content of which was determined on the basis of the tender offer of the person against whom the agreement was adopted. The decision to enter into an agreement. The timing and manner of the negotiations shall be determined by the solicitation documents. The competitive documentation must be subject to the terms of the 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 agreement is to be placed on the official website of the public partner in the information and telecommunication network "Internet" in the order and within the deadlines set by the Government of the Russian Federation, the highest executive. The State authorities of the constituent entity of the Russian Federation, the head of municipal education in the decision on the implementation of the project. 4. The results of the negotiations conducted in accordance with part 3 of this article shall be drawn up in two copies, one of which shall be sent to the winner of the competition. According to the results of the negotiations, the public partner sends the agreement and the annexed protocol of negotiations to the authorized body for compliance with the tender documentation agreement, including in terms of taking into account the results of the assessment The effectiveness of the project and its comparative advantage. In the event of agreement by the authorized body of the agreement and the annexed protocol, the authorized body shall forward the signed agreement to the public partner within five days. 5. The agreement shall be concluded in writing with the winner of the competition or other person referred to in article 19, paragraphs 1 to 4, and article 19, paragraph 24, of this Federal Act, subject to the submission of documents provided by the solicitation documents and The Conference of the States parties to the Convention on the Rights of the 6. The Agreement shall enter into force upon signature, unless otherwise stipulated by the agreement. Chapter 6: To provide a private partner of the land site, forest site, water site, subsoil area and their use Article 33. To provide a private partner of land site, forest site, water object, parts of the water site, subsoil area and their use 1. The land on which the agreement is located and (or) is required for the operation of the agreement, the forest area (construction of hydraulic structures and specialized ports, lines Electricity, communications lines, roads and other linear facilities, production facilities, primary and subsequent (industrial) processing and storage of agricultural products, facilities), water object or part of the water Construction of berths, shipbuilding and ship repair facilities, fixed and (or) floating platforms and artificial islands, hydraulic engineering structures, bridges, underwater and underground passlines, submarine lines of communication and communications, others The subsurface area (construction and operation of underground facilities not associated with the mining of useful underground facilities) required for the implementation of the activities of the The agreement shall be granted to a private partner in accordance with the land, forestry, water legislation, and legislation of the Russian Federation on subsoil without bidding for a period fixed by the agreement in accordance with OF THE PRESIDENT OF THE RUSSIAN FEDERATION In the wording of Federal Law No. N 391-FZ) 2. The lease of a plot of land must be concluded with a private partner not later than fifteen days from the date of the signing of the agreement, if such land is formed and other deadlines are not fixed by the tender documentation, or not later than sixty days from now, if such land is to be formed and other deadlines are not set by a tender document. The use by a private partner of the land, forest, water, subsoil area is carried out in accordance with the land, forestry, water legislation and legislation of the Russian Federation on subsoil. 3. Land, forest, water, part of the water, subsurface area provided under this article shall be owned by a public partner and at the time of their transfer to a private partner Rights of third parties. 4. The private partner is not entitled to transfer its rights under the lease of land to other persons and to lease land to sublease, unless otherwise stipulated by the agreement and lease of the land. 5. Termination of the agreement shall be the basis for the termination of the prisoner under Parts 1 and 2 of this Article of the lease of the land, the forest site, the water site, the subsoil area, except as provided in Part 6 of this article. 6. Until the expiry of the agreement, it is not possible to acquire a private partner in the manner prescribed by article 39 to 20 of the Russian Land Code Federation, ownership of the land on which the object of the agreement is located. Chapter 7: Final provisions Article 34. OF THE PRESIDENT OF THE RUSSIAN FEDERATION February 1992 N 2395-I "Subsoil" (in the wording of Federal Law of 3 March 1995 No. 27-FZ) (Statements of Congress of People's Deputies of the Russian Federation of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, OF THE PRESIDENT OF THE RUSSIAN FEDERATION 823; 1999, N 7, sect. 879; 2001, N 33, sect. 3429; 2002, N 22, Text 2026; 2003, N 23, sect. 2174; 2004, N 35, sect. 3607; 2008, N 18, article 1941; N 29 3418) to supplement the words ", the legislation of the Russian Federation on public-private partnerships, municipal-private partnership". Article 35. On amending the Federal Law "On State Registration of Rights in Real Property and Transactions" Paragraph IV of Federal Law dated 21 July 1997 N 122-FZ " On state registration of real property rights and transactions " (Russian Federation Law Assembly, 1997, N 30, Art. 3594; 2004, N 27, sect. 2711; N 35, sect. 3607; 2005, N 1, article 15; 2006, N 23, est. 2380; N 50, sect. 5279; 2008, N 20, p. 2251; N 27, sect. 3126; 2009, N 52, sect. 6410) after the words "concession agreement," to be supplemented by the words "public-private partnership agreements, municipal-private partnership agreements,". Article 36. Article 24, paragraph 6, of the Federal Law on Waste, amending the Federal Act Article 24, paragraph 6 of the Federal Act In June 1998, N 89-FZ "On the waste of production and consumption" (Russian legislature, 1998, N 26, art. 3009; 2015, N 1, est. (11) After the words "concession agreements", add the words "Russian legislation on public-private partnerships, municipal-private partnership,". Article 37. On Amendments to Federal Law "On evaluation activities in the Russian Federation" Part Three of Article 8 of the Federal Law dated July 29, 1998 N 135-FZ "On assessment activities in the Russian Federation" (Russian Federation Law Assembly, 1998, No. 31, art. 3813; 2002, No. 4, sect. 251; 2003, N 9, sect. 805; 2007, N 7, est. 834; 2008, N 27, sect. 3126; 2009, N 19, sect. 2281; N 29, st. 3582; N 52, sect. 6419; 2014, N 26, st. 3377; N 30, est. 4224; 2015, N 1, est. 52; N 10, est. 1418) after the word "concessionaire" to be supplemented by the words "or under a public-private partnership agreement, a public-private partnership agreement by a public partner to a private partner". Article 38. OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4147; 2014, N 26, est. 3377; N 30, est. 4218, 4225), the following changes: 1) Article 39-6, paragraph 2, subpara. The concession agreement "shall be replaced by the following agreements"; (2) paragraph 8, subparagraph 8 (8) after the word "agreement" to be supplemented by the words ", agreements on public-private partnerships, municipal-private agreements partnership ", the words" concluded the concession agreement " should be replaced by In the words "agreements entered into". Article 39. To amend the Federal Law "On insolvency (bankruptcy)" Amend the Federal Law of October 26, 2002 127-FZ "On insolvency (bankruptcy)" (Collection of Laws of the Russian Federation, 2002, No. 43, art. 4190; 2004, N 35, sect. 3607; 2009, N 1, article 4; N 29, Art. 3632; 2011, N 1, st. 41; N 19 2708; 2012, N 31, sect. 4333; 2013, N 27, sect. 3481; 2014, N 11, est. 1098; 2015, N 1, est. (35) The following changes: 1) Article 110, paragraph 4, complete with the following paragraphs: " In case of sale of the object of the public-private partnership agreement, the object of the municipal-private partnership agreement The obligatory condition of the competition is the fulfilment by the buyer of the obligations of a private partner not performed at the time of the competition, on the basis of the actual performance of the private partner by the time of the contest Agreement on Public-Private Partnerships, Municipal-private partnership. Participants of the tender for the sale of the object of the agreement on public-private partnership must comply with the requirements established by the legislation of the Russian Federation on public-private partnership. Partnership, municipal-private partnership and approved competition for public-private partnership agreements, public-private partnership agreements. In the case of a Public-Private Partnership Agreement, the object of the municipal-private partnership agreement has not been sold in the manner prescribed by this article, the facilities are to be transferred in accordance with This article is a public partner, party to a public-private partnership agreement, a private partnership agreement, provided that the private partner's direct cost agreement is compensated and/or the funding person whose size is reduced by the amount damages to a public partner and third parties for failure by a private partner to fulfil its obligations. "; 2) the first paragraph of Article 132, paragraph 4, should read: " 4. Socially relevant objects, cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation and other objects which must be sold in accordance with the laws of the Russian Federation shall be carried out by means of tendering in The form of the competition, as well as the facilities for which public-private partnership agreements have been concluded, are being sold in accordance with the procedure established by article 110 of the present Federal Law. " Article 40. On amendments to the Federal Law "On Electric Power" to the Federal Law of March 26, 2003 N 35-FZ " Russian Electricity Congress " (Collection of Laws of the Russian Federation, 2003, N 13, Art. 1177; 2004, N 35, 3607; 2005, N 1, article 37; 2007, N 45, sect. 5427; 2008, N 29, est. 3418; N 52, sect. 6236; 2009, N 48, sect. 5711; 2010, N 31, est. 4156, 4157, 4158, 4160; 2011, N 1, sect. 13; N 30, sect. 4590; N 50, st. 7336; 2012, N 26, est. 3446; N 27, sect. 3,587; N 53, est. 7616; 2013, N 45, sect. 5797; 2014, N 30, est. 4218; N 42, sect. 5615; 2015, N 1, st. (19) The following changes: (1) Paragraph 40, paragraph 1 of Article 21, after the words "concession agreements," to be supplemented by the words "Russian legislation on public-private partnerships, municipal-private partnership,"; (2) In article 23, paragraph 6: (a), the first paragraph after the words "concession agreements," should be supplemented by "Russian legislation on public-private partnerships, municipal-private partnership,"; (b) Paragraph VI, after the words "concession agreements," In the words "legislation of the Russian Federation on public-private partnerships, municipal-private partnership," Article 41. Amendments to the Russian Federation { \cs6\f1\cf6\lang1024 } Town Planning { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Article 60 { \cs6\f1\cf6\lang1024 } OF THE PRESIDENT OF THE RUSSIAN FEDERATION 16; 2006, N 1, est. 10, 21; N 52, sect. 5498; 2008, N 30, est. 3604; 2010, N 31, article 4209; 2011, N 13, sect. 1688; N 49, sect. 7015; 2013, N 30, sect. 4008; 2014, N 43, sect. (5804) The following changes: (1) Part 2, after the word "agreement", add "public-private partnership agreements, municipal-private partnership agreements," to replace the word "which" with the word "which", the word "which" "The concessionaire" to replace the words "by a concessionaire, a private partner" after the word "agreement" with the words ", the public-private partnership agreement, the municipal-private partnership agreement", the words "if it fails to prove" in the words "if they do not prove"; 2) the first paragraph of Part 5 after The words "the concessionaire," were supplemented by the words "private partner,"; 3), after the word "concessionaire", to be supplemented by the words "private partner,"; 4), after the word "concessionaire", after the word "concessionaire", add the words "the private partner," after the word "concessionaire", after the word "concessionaire". The words "the concessionaire" should be supplemented by the words "private partner,". Article 42. OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2381; 2008, N 29, est. 3418) to be supplemented by the words "and legislation of the Russian Federation on public-private partnerships, municipal-private partnership". Article 43. The Federal Law "On Protection of Competition" Part 2 of Article 17-1 of the Federal Law of July 26, 2006 135-FZ "On the protection of competition" (Legislative Assembly of the Russian Federation, 2006, No. 31, art. 3434; 2008, N 27, Text 3126; N 45, sect. 5141; 2009, N 29, est. 3610; 2010, N 15, sect. 1736; N 19, est. 2291; 2011, N 10, sect. 1281; number 29, sect. 4291; N 50, sect. 7343; 2013, N 27, est. 3477; N 52, sect. 6961) to be supplemented by the words ", legislation of the Russian Federation on public-private partnerships, municipal-private partnership". Article 44. OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5278; 2008, N 30, sect. 3599; 2014, N 26, est. 3377) after the words "concession agreements" to be supplemented by the words ", legislation of the Russian Federation on public-private partnerships, municipal-private partnership". Article 45. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Act No. 257-FZ of 8 November 2007 on roads and road activities in the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5553; 2009, N 29, st. 3582; 2011, N 7, est. 901; 2013, N 52, sect. 7003) the following changes: 1) Part 2 of Article 36 to supplement paragraph 5 with the following content: " 5) a public partner in the event of a public-private partnership agreement, a public-private partnership agreement on the private road. "; (2) in article 38: (a) the name to be supplemented with the words", public-private partnership agreements, municipal-private partnership agreements "; b) part 1 addition to the words " as well as public-private agreements Partnership agreements, municipal-private partnership agreements in accordance with this Federal Law and the legislation of the Russian Federation on public-private partnerships, municipal-private partnership "; in Part 2: first after the words "Concession agreement" with the words "or agreement on public-private partnerships, a municipal-private partnership agreement", after the words "concession agreements", add the words ", of the Russian Federation partnership, municipal-private partnership ", the words" should contain "should be replaced by the words" should contain "; paragraph 2, after the word" concessionaire ", insert the words", private partner "; paragraph 3, after the word" concessionaire " to be supplemented by the words ", private partner", after the word "agreement" with the words ", the public-private partnership agreement, the municipal-private partnership agreement"; paragraph 4, after the word "the assignor", insert the words ", to the public ", to supplement the words", "Public-private partnership agreements, municipal-private partnership agreements"; g) part 2-1, after the words "The concession agreement" to be supplemented by the words ", agreements on public-private partnerships, agreements on ", after the words" the operation of the concession agreement ", add the words", agreements on public-private partnership, agreements on municipal-private partnership ", supplemented by the words", agreements on Public-private partnership, municipal-private partnership agreements "; (d) Part 2: Paragraph 1 after the words "clause of the concession agreement" with the words ", public-private partnership agreements, municipal-private partnership agreements", after the words "the parties" Concession agreement "to be supplemented by words", public-private partnership agreements, municipal-private partnership agreements "; paragraph 1, after the word" assignor ", insert the words", a public partner "; 2 after the word "the assignor" should be supplemented with the words ", a public partner"; paragraph 3 after the word "assignor" to add ", a public partner"; (e) in Part 3: paragraph 1 after the word "agreement" to be supplemented with the words ", the agreement on public-private partnership, agreement on in the municipal-private partnership ", after the word" agreements "to be supplemented by the words", legislation of the Russian Federation on public-private partnerships, municipal-private partnership ", the word" may "should be replaced by the word" may "; paragraph 1 after the word "of the assignor" to be supplemented with the words ", In paragraph 3, after the word "of the assignor", add the words ", the private partner"; after the word "of the assignor", insert the words ", the public partner", after the word "concessionaire". In addition to the words "the agreement on public-private partnership, the public-private partnership agreement", after the word "agreement"; paragraph 6, after the word "concessionaire", add the words ", a private partner"; paragraph 7 after the word "of the assignor" to be supplemented with the words ", After the word "concessionaire", after the word "concessionaire"; paragraph 8, after the word "concessionaire", add the words ", the private partner" to read ", the public partner"; paragraph 9, after the word "agreements" to be supplemented with the words ", agreements on public-private partnership, agreements on municipal-private partnership", after the word "of the assignor" to be supplemented by the words ", the public partner", after the word "concessionaire" to add to the words ", of a private partner "; point 10 in addition to the words", agreement on Public-private partnership, municipal-private partnership agreement "; paragraph 11 added to the words", public-private partnership agreements, municipal-private partnership agreements "; paragraph 13 after The words "agreements" should be supplemented by the words ", legislation of the Russian Federation on public-private partnership, municipal-private partnership"; and, in part 4, after the word "assignor", add ", a public partner"; (s) in article 40: a) in Part 1 of the word "Concession agreement with the concessionaire", replace by "concession agreement, public-private partnership agreements, municipal-private partnership agreements with concessionaire, private partner, respectively"; b) Part 2 after the word "concessionaire" to add ", private partner", after the word "concessionaire" to be supplemented by the words ", a private partner"; , in the first part of paragraph 3 of the word "concession agreement, the concessionaire is obliged" to replace the words " Concession agreement, agreements on Public-private partnership, public-private partnership agreements, respectively, the concessionaire's private partner is obliged "; g) in Part 5 of the word" concession agreement " "Concession agreement, public-private partnership agreements, public-private partnership agreements, respectively, the concessionaire, the private partner shall establish"; 4) in article 41: (a) Part 1, paragraph 4 to be supplemented by the words " or by a public partner in the event that A road, a toll road, a public-private partnership agreement, a municipal-private partnership agreement and a road such as the road are in the road private partner property "; b) to be completed with Part 3-1 as follows: " 3-1. In case of use of the Public-Private Partnership Agreement, the Private Partnership Agreements owned by the private partner of the toll road or the toll road The sections, the decision of the public partner to grant preferential travel or fares without charging of vehicles on the toll road, toll sections of the road should be agreed with the private partner, if The specified agreement is not provided otherwise. "; in) Part 5 After the words "the concessionaire" to be supplemented by the words "or by a public-private partnership agreement, a private partnership agreement", after the word "agreement" to be supplemented by the words " or the agreement on Public-private partnership, a municipal-private partnership agreement ", after the word" agreement "to add", public-private partnership agreements, municipal-private partnership agreements "; 5) in the article 42: a), after the word "agreements", add the words ", agreements on public-private partnership, municipal-private partnership agreements, supplemented by the words "public-private partnership agreement, municipal-private partnership agreement"; 6) after the word "by the concessionaire" to be supplemented by the words "or by a public-private partnership agreement, a private partnership agreement by a private partner". Article 46. On amendments to the federal law "On additional measures to support the financial system of the Russian Federation" Amend federal law dated October 13, 2008 N 173-FZ " On additional measures to support the financial system of the Russian Federation " Art. 4698; 2009, No. 29, sect. 3605; 2010, N 31, 100. 4175; 2014, N 30, sect. 4276) the following changes: 1) in Article 4: a) in Part 1: paragraph 1 Extension of the Russian Federation Government Decision of 31 December 2022 based on the decision of the Government of the Russian Federation until 31 December 2022, using the rate specified in Part 1-1 of this Article for the implementation of Vnesheconombank, starting from 1 January 2020. of the operations referred to in article 6, paragraph 1, of this Federal Law; "; paragraph 2 " (2) at the rate of 7.25% per annum for the term up to 31 December 2020, with the possibility of extension based on the decision of the Government of the Russian Federation until 31 December 2023 In the case of Vnesheconombank, for the application of the Vnesheconombank's operations specified in Parts 1 and 1 to 1 of Article 6-1 of this Federal Law. "; Part 1 to 1: " 1-1. In case of adoption by the Government of the Russian Federation of a decision on the extension of the term of the National Welfare Fund to Vnesheconombank for deposits under paragraph 1 of Part 1 of this article, for determination of the rate at The deposit, which has been applied since 1 January 2020, uses a rate equal to the value of the consumer price index for goods and services in the Russian Federation, calculated by the federal executive authority responsible for the development of public policy and regulatory framework for the Statistics on social, economic, demographic, environmental and other social processes in the Russian Federation for the last calendar year preceding the accrual period The percentage of income for which an official publication has been made by the said executive branch, increased by 1 percentage point, but not less than 6.25 percent per annum. "; in) to be supplemented by Part 1-2, as follows: " 1-2. In case of adoption by the Government of the Russian Federation of a decision on the extension of the term of the National Welfare Fund to Vnesheconombank for deposits under paragraph 2 of Part 1 of this Article to determine the rate at that time The deposit, which has been applied since January 1, 2021, uses the rate equal to the value of the consumer price index for goods and services in the Russian Federation, calculated by the federal executive authority exercising the functions of development public policy and regulatory framework for the Statistics on social, economic, demographic, environmental and other social processes in the Russian Federation for the last calendar year preceding the accrual period The interest income for which an official publication has been made by the said executive branch, increased by 1 percentage point, but not less than 7.25% per annum. "; g) to be supplemented with Part 1-3, as follows: " 1-3. The rate specified in parts 1 to 1 and 1 to 2 of this article shall not exceed the limit set by the Central Bank of the Russian Federation on subordinated credit (deposit, loan, bond loan) in roubles, Reduced by 0.25 percentage point. "; 2) Part 1 of Article 6 to supplement paragraph 3 with the following: " (3) if the Government of the Russian Federation has decided to extend the period of allocation of the Fund of National Welfare in Vnesheconombank for deposits under Article 4 This Federal Law has the right to extend until December 31, 2022, inclusive of the period of granting subordinated loans (loans) without collateral to Russian credit institutions that have been provided with subordinated loans (loans) in in accordance with paragraph 2 of this Part. In case of extending the period of granting such subordinated loans (loans) as from 1 January 2020, the rate is equal to the value of the consumer price index for goods and services in the Russian Federation, by the federal executive body responsible for the formulation of public policies and regulations in the area of official statistics, the formation of official statistics on the social, economic, demographic, environmental and other Processes in the Russian Federation, the last calendar year, prior to the period of interest income, for which an official publication has been made by the said executive branch, increased by 1.25 percentage points, but not Below 6.5 per cent per annum. The said rate shall not exceed the limit of the Central Bank of the Russian Federation set the interest rate on subordinated credit (deposit, loan, bond loan) in rubles. "; 3) Article 6-1 to supplement Part 1 to 1: " 1-1. To establish that Vnesheconombank, in case the Government of the Russian Federation has decided to extend the placement of funds of the National Welfare Fund in Vnesheconombank on deposits in accordance with Article 4 of this Federal Law eligible to extend until 31 December 2023, inclusive of subordinated loans (loans), without collateral for Russian credit organizations provided by subordinated loans (loans) under Part 1 of this article. In case of extending the period of granting such subordinated loans (loans) as from 1 January 2021, the rate is equal to the value of the consumer price index for goods and services in the Russian Federation, by the federal executive body responsible for the formulation of public policies and regulations in the area of official statistics, the formation of official statistics on the social, economic, demographic, environmental and other Processes in the Russian Federation, the last calendar year, prior to the period of interest income, for which an official publication has been made by the said executive branch, increased by 1.25 percentage points, but not Below 7.5 per cent per annum. The said rate shall not exceed the limit of the Central Bank of the Russian Federation the interest rate limit on subordinated loan (deposit, loan, bond loan) in rubles. ". Article 47. Final provisions 1. Legal acts of the subjects of the Russian Federation, municipal legal acts in the sphere of public-private partnership, in the sphere of municipal-private partnership are to be brought into line with the provisions of this Federal Law. 1 July 2016. Since 1 July 2016, these normative legal acts of the constituent entities of the Russian Federation, municipal legal acts are applied in part not contrary to the provisions of this Federal Act. 2. To agreements concluded in accordance with legal acts of the constituent entities of the Russian Federation, municipal legal acts in the sphere of public-private partnership, in the sphere of municipal-private partnership until the day of entry into force OF THE PRESIDENT OF THE RUSSIAN FEDERATION Such agreements shall be in force until the expiry of their term of validity on the terms and conditions under which they were concluded. 3. If, as a result of changes made in accordance with Part 1 of this article, amendments to the normative legal acts of the constituent entities of the Russian Federation, municipal legal acts in the sphere of public-private partnership, the sphere The municipal-private partnership changes the conditions (including the terms) of the agreements specified in Part 2 of this Article, and the provisions of this Federal Law shall apply. Article 48. Entry into force of this Federal Law 1. This law shall enter into force on 1 January 2016, with the exception of article 46 of this Federal Law. 2. Article 46 of this Federal Law shall enter into force on the date of the official publication of this Federal Law. President of the Russian Federation Vladimir Putin Moscow, Kremlin 13 July 2015 N 224-FZ