Monitoring legislative innovations
1. New in legislation (changes that have entered into force)
- It has been established how a list of priority products is formed for the purpose of preferential lending for investment projects for their production
Order of the Ministry of Industry and Trade of the Russian Federation dated March 14, 2023 No. 833 “On approval of the Methodology for determining the list of priority products”
Registered with the Ministry of Justice of the Russian Federation on March 23, 2023. Registration No. 72672.
Russian banks and the state corporation "VEB.RF" are reimbursed through subsidies for the income they lost on preferential loans provided for the implementation of investment projects for the production of priority products. The methodology for determining the list of such products has been approved.
It is formed on the basis of proposals from industry departments of the Ministry of Industry and Trade and federal executive authorities.
The list is approved by the interdepartmental commission for the specified lending and is posted in the industry GIS.
- Grants from the Investment and Venture Fund of the Republic of Tatarstan are exempt from taxation
Decree of the Government of the Russian Federation of March 29, 2023 No. 496 "On introducing changes to the list of Russian organizations whose grants (gratuitous assistance) received by taxpayers, provided to support science, education, culture and art in the Russian Federation, are not subject to taxation"
Grants from the Investment and Venture Fund of the Republic of Tatarstan are exempt from personal income tax.
The decision comes into force from the day of its official publication.
- The industrial mortgage program has been expanded
Decree of the Government of the Russian Federation of April 3, 2023 No. 526 “On amendments to Decree of the Government of the Russian Federation of September 6, 2022 No. 1570” (the document has not entered into force)
You can get a preferential loan not only for the purchase, but also for the construction, modernization and reconstruction of real estate for industrial production.
For objects under construction, modernization and reconstruction, a cost standard of 1 sq. m has been established. m - no more than 90 thousand rubles. For purchased real estate - no more than 75 thousand rubles. in Moscow, Moscow region and St. Petersburg and no more than 50 thousand rubles. in other regions. When receiving a loan for the modernization of real estate, a condition is provided for an increase in the annual volume of production and sales of products by at least 50% before the expiration of 2 years from the date of completion of the investment phase.
- SPIC: more time was allocated for preparing a summary report on the results of investment projects
Decree of the Government of the Russian Federation of April 8, 2023 No. 569 “On amendments to the requirements for the structure, content and procedure for preparing a summary report on the results of investment projects implemented in accordance with special investment contracts” (the document has not entered into force)
The procedure and timing for generating a summary report on the results of investment projects implemented in accordance with the SPIC have been adjusted.
The Ministry of Industry and Trade prepares a draft report no later than July 31 (instead of May 30).
The report must be submitted to the Government by August 31 (not June 30).
- On state support for Russian exporters of industrial products
Decree of the Government of the Russian Federation of April 8, 2023 No. 575 “On amendments to certain acts of the Government of the Russian Federation” (the document has not entered into force)
A number of Government acts relating to state support of organizations have been adjusted in order to:
- compensation of part of the costs associated with the creation and operation of a system of after-sales service for products abroad;
- creating new competitive industrial products, including carrying out R&D and homologation of existing products for foreign markets;
- compensation of costs for transportation of industrial products.
- Proposed rules for maintaining a register of participants in industrial clusters within the framework of SPIC
Draft Order of the Ministry of Industry and Trade of the Russian Federation "On approval of the procedure for the formation and maintenance of a register of organizations that are participants in industrial clusters that have confirmed compliance with the requirements for industrial clusters established by the Government of the Russian Federation, no earlier than January 1, 2023, which are simultaneously parties to special investment contracts, a party which is the Russian Federation, concluded in accordance with Article 16 of the Federal Law "On Industrial Policy in the Russian Federation", including the grounds for inclusion of organizations in the specified register and exclusion from it" (prepared by the Ministry of Industry and Trade of Russia on 04/06/2023)
Changes to the Tax Code introduced a single reduced tariff of insurance premiums in the amount of 7.6% for participants in industrial clusters who are parties to special investment contracts (SPIC) concluded with the Russian Federation for the purpose of implementing investment projects for the production of industrial products.
In this regard, the Ministry of Industry and Trade proposes to determine the procedure for creating and maintaining a register of organizations that are participants in industrial clusters within the framework of SPIC.
- Support for new investment projects in the regions: algorithms for investors’ actions have been drawn up to obtain construction permits and to put the facility into operation
Order of the Ministry of Economic Development of the Russian Federation and the Ministry of Construction and Housing and Communal Services of the Russian Federation dated March 31, 2023 No. 221/234/pr “On approximate algorithms for investor actions within the framework of the Code of Investment Rules in terms of obtaining permission to put a facility into operation and obtaining permission to construction"
The presented algorithms contain, incl. deadlines for completing procedures, lists of required documents, categories of investment projects within the framework of which permits for construction and for putting the facility into operation are issued.
- The Ministry of Agriculture has determined the procedure for confirming the intended purpose of imported goods for priority investment projects
Order of the Ministry of Agriculture of the Russian Federation dated February 16, 2023 No. 91 “On approval of the procedure and form of confirmation of the intended purpose in relation to technological equipment, components and spare parts for it, raw materials and materials imported for exclusive use on the territory of the Russian Federation as part of the implementation of investment projects corresponding to the priority activity (sector of the economy) of the Russian Federation assigned to the Ministry of Agriculture of the Russian Federation in accordance with Appendix No. 1 to the Decree of the Government of the Russian Federation of May 9, 2022 No. 839” (the document has not entered into force)
Registered with the Ministry of Justice of the Russian Federation on April 14, 2023. Registration No. 73018.
Technological equipment, components and spare parts for it, as well as raw materials and materials for the implementation of investment projects in priority sectors of the economy can be imported into Russia without paying customs duties. It is necessary to confirm the intended purpose of the imported goods.
The procedure for confirming the intended purpose of imported goods through the Ministry of Agriculture and the form of the corresponding document have been determined.
- The state will support the creation of modular non-capital hotels Resolution of the Government of the Russian Federation of April 15, 2023 No. 605 “On introducing amendments to the state program of the Russian Federation “Tourism Development” and invalidating Resolution of the Government of the Russian Federation of April 21, 2022 No. 724 and certain provisions some acts of the Government of the Russian Federation"
In 2023-2024 regions will receive subsidies to support investment projects to create modular non-capital accommodation facilities. The Ministry of Economic Development will hold the only competitive selection this year. The amount of the subsidy cannot be more than 1.5 million rubles. per room and more than 50% of the cost of the investment project. The hotel must operate for at least 3 years.
State support for public initiatives to create campsites and car campsites will end this year.
The resolution comes into force on the date of official publication.
2. Legislative initiatives
-The strategic economic company will be able to recover losses on transactions from unscrupulous foreign investors
Dossier on the draft federal law No. 260065-8 “On amendments to Article 15 of the Federal Law “On the procedure for making foreign investments in business entities that are of strategic importance for ensuring the defense of the country and the security of the state” (in terms of clarifying the legal consequences of the invalidity of transactions) (introduced 11/16/2022 by the Government of the Russian Federation)
On April 11, 2023, the State Duma in the second reading adopted the draft amendments to the Law on Foreign Investments in Strategic Business Companies.
It is stipulated that when applying the consequences of the invalidity of a void transaction made intentionally by an unscrupulous foreign investor in violation of the requirements of the law, the court may recover shares (shares) of a strategic company, its property, as well as income received by the investor as a result of the transaction as income to the Russian Federation.
The business company will be able to recover losses (including lost profits) from the investor in court and compensate for damage caused to property.
Russians who have received a residence permit in another state or a similar document will be able to be recognized as foreign investors.
-Russia will develop cross-border paperless trade in the Asia-Pacific region
Dossier on the draft federal law No. 343040-8 “On the accession of the Russian Federation to the Framework Agreement on the simplification of cross-border paperless trade procedures in the Asia-Pacific region”
On April 21, 2023, a bill on Russia’s accession to the Framework Agreement on Facilitating Cross-border Paperless Trade Procedures in the Asia-Pacific Region was submitted to the State Duma. The agreement aims to develop such trade by creating conditions for the mutual recognition of trade documents and data in electronic form and the exchange of them across borders, as well as increasing the interoperability of national and sub-regional single window systems to enhance the efficiency and transparency of foreign trade transactions. The document is needed in order to make the cross-border exchange of trade documents and data in electronic form between the parties legally and technically possible, but not legally binding.