Monitoring legislative innovations
Monitoring changes in legislation for the period from 06/01/2023 to 07/03/2023
1. New in legislation (changes that have entered into force)
- A new expert council will be involved in the technical and economic assessment of investment projects for the implementation of the best available technologies at sites with a negative impact on the environment
Order of the Ministry of Industry and Trade of the Russian Federation dated April 7, 2023 No. 1240 "On the expert council for conducting a technical and economic assessment of investment projects for the implementation of the best available technologies at facilities that have a significant negative impact on the environment and related to the areas of application of the best available technologies, in accordance with the criteria for classifying objects that have a negative impact on the environment as objects of I, II, III and IV categories, Russian organizations implementing the specified investment projects with the attraction of funds received from the placement of bonds, or with the attraction of loans"
Registered with the Ministry of Justice of the Russian Federation on June 5, 2023. Registration No. 73741.
Russian organizations are allocated subsidies to reimburse part of the costs:
- for the payment of coupon income on bonds issued as part of the implementation of investment projects to introduce the best available technologies;
- to pay interest on loans for the implementation of such projects.
In order to select recipients of subsidies, a technical and economic assessment of investment projects to introduce the best available technologies at facilities that have a significant negative impact on the environment is carried out.
The Ministry of Industry and Trade has formed a new expert council that will conduct the assessment. The order of its work has been determined.
The previous order on the expert council for technical and economic assessment of investment projects becomes invalid.
- Rules for maintaining a register of participants in industrial clusters within the framework of SPIC were approved
Order of the Ministry of Industry and Trade of the Russian Federation dated April 28, 2023 No. 1564 “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, which are simultaneously parties to special investment contracts to which is the Russian Federation, concluded in accordance with Article 16 of the Federal Law of December 31, 2014 No. 488-FZ "On Industrial Policy in the Russian Federation", including the grounds for inclusion of an organization in the specified register and exclusion from it" (the document did not enter by virtue of)
Registered with the Ministry of Justice of the Russian Federation on June 8, 2023. Registration No. 73786.
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 has determined the procedure for creating and maintaining a register of organizations that are participants in industrial clusters within the framework of SPIC.
- On financing of VEB.RF innovative projects that ensure accelerated development and implementation of promising technologies
Decree of the Government of the Russian Federation of June 15, 2023 No. 986 “On amendments to certain acts of the Government of the Russian Federation” (the document has not entered into force)
The list of priority industries (sectors) of the economy in which VEB.RF projects are being implemented has been added. Includes the production and operation of air, land and water unmanned vehicles.
The features of state support for innovative activities are determined through the participation of VEB.RF in the financial support of innovative projects that ensure the accelerated development and implementation of promising technologies within the framework of the “Investments in Technological Leaders” program. There will be a limit on funding for the program.
- The state will stimulate the activities of technology parks in the field of high technologies
Federal Law of June 13, 2023 No. 245-FZ "On Amendments to the Federal Law "On Industrial Policy in the Russian Federation" and Article 44 of the Federal Law "On General Principles of the Organization of Public Power in the Subjects of the Russian Federation"
The concept of technology parks in the field of high technologies has been fixed; they are distinguished from industrial parks and industrial technology parks. Regional authorities in the field of industrial policy may establish additional requirements for technology parks. In addition, it is possible to apply measures to stimulate activities in the industrial sector.
- Exemption from import duties on equipment for important investment projects: rules for obtaining confirmation from the Ministry of Transport have been established
Order of the Ministry of Transport of the Russian Federation dated April 21, 2023 No. 144 “On approval of the procedure and form of confirmation of 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 type of activity (sector of the economy) of the Russian Federation, falling within the jurisdiction of the Ministry of Transport of Russia” (the document has not entered into force)
Registered with the Ministry of Justice of the Russian Federation on June 16, 2023. Registration No. 73876.
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. Tariff benefits are provided upon confirmation, which must contain information about the investment project being implemented, about the importer of goods, about the territory of their use, etc.
The Ministry of Transport has established the form of such confirmation and the procedure for obtaining it.
- Issues of coordinating the location of industrial production in Tatarstan
Resolution of the Cabinet of Ministers of the Republic of Tatarstan dated June 26, 2023 No. 751 “On approval of the Procedure for approving the place of production of industrial products for the purpose of concluding a special investment contract”
A procedure has been defined for agreeing on the location of production of industrial products in order to conclude a special investment contract.
Consideration of the issue of approval is carried out on the basis of an application from the investor sent to the Investment Development Agency of the Republic of Tatarstan.
The application is accompanied by information about modern technology, the development or implementation of which is expected to be carried out during the implementation of the investment project; a certificate of all incentive measures implemented in relation to the investor; business plan; address and description of the place of production of industrial products; characteristics of the natural conditions of the territory where industrial production is expected to be located; environmental characteristics of the planned industrial production.
The grounds for refusal are the identification of false information in the submitted documents; submission by the investor of documents in violation of established requirements.
The procedure and deadlines for considering applications and preparing summary information about the investment project have been established. Based on their results, the question of the feasibility of implementing an investment project for the republic is submitted for consideration to the Investment Council, which makes a decision on the feasibility or inexpediency of implementing the investment project.
- The Republic of Tatarstan has adopted a procedure for interaction between government bodies when concluding offset contracts
Resolution of the Cabinet of Ministers of the Republic of Tatarstan dated June 22, 2023 No. 737 “On approval of the Procedure for interaction of republican executive authorities on the issues of concluding a contract with counter investment obligations”
The procedure provides that consideration of the issue of concluding a contract with counter investment obligations is carried out on the basis of an application from the republican executive body planning a purchase to the Investment Development Agency of the Republic of Tatarstan. The application is accompanied by: a certificate reflecting information about the purchased product or service; justification of the effectiveness of creation, modernization, development of production of goods and (or) creation, reconstruction of property; draft government contract; draft order of the Cabinet of Ministers of the Republic of Tajikistan on holding an electronic competition for concluding a government contract.
The Agency analyzes the technical, financial and economic parameters of the investment project; searches for potential investors; prepares a preliminary summary conclusion on the feasibility (inexpediency) of implementing an investment project for the Republic of Tatarstan.
2. Legislative initiatives
- A digital ruble will appear in Russia
Dossier on the draft federal law No. 270852-8 “On amendments to Articles 128 and 140 of part one, part two and articles 1128 and 1174 of part three of the Civil Code of the Russian Federation” (on the digital ruble) (introduced on December 29, 2022 by deputies of the State Duma A.G. Aksakov, K.M. Bakharev, A.N. Svistunov, I.N. Babich, O.D. Dimov, V.S. Makarov, S.V. Altukhov, RF Senators N.A. Zhuravlev, G.N. Karelova, A.D. Artamonov, M.M. Ulbashev, A.A. Klishas)
On June 20, 2023, the State Duma adopted the bill on the digital ruble in the second reading. It will be classified as non-cash funds.
Payments in Russia can be made, including through payments in digital rubles.
The Bank of Russia will transfer digital rubles within a special platform.
Forms of payments in digital rubles will be established by legislation on the national payment system.
Provisions on the digital ruble account agreement are being introduced.
The Government, in agreement with the Bank of Russia, will establish a procedure for making testamentary dispositions in digital rubles.
- It is planned to improve the mechanism for concluding concession agreements, public-private and municipal-private partnership agreements
Dossier on the draft federal law No. 83061-8 “On amendments to certain legislative acts of the Russian Federation” (in terms of improving the mechanisms of public-private partnerships for the implementation of long-term infrastructure projects and increasing their investment attractiveness for private investors) (introduced on 03/05/2022 by the Government of the Russian Federation )
On June 22, 2023, the State Duma, in the third reading, adopted draft amendments to certain acts that are aimed at improving the mechanisms of public-private partnerships for the implementation of long-term infrastructure projects and increasing their investment attractiveness for private investors.
Thus, legal entities with which concession agreements, agreements on public-private and municipal-private partnerships in relation to roads or their sections, protective, artificial road structures, facilities for repair of roads, infrastructure elements, road service facilities. The right to use the site can be obtained without an auction.
The Law on Concession Agreements introduces rules on the maintenance of the object of the agreement and on the financial participation of the grantor in the execution of the agreement. There are 3 forms of such participation. The first is a capital grant - financing at the stage of creation and (or) reconstruction of a facility part of the corresponding costs. The amount of such a grant cannot exceed 80% of the costs of creating and (or) reconstructing the facility. The second is compensation and (or) financial support at the stage of operation of the facility for the concessionaire’s expenses incurred by him for the creation and (or) reconstruction of the facility, use (operation) of the facility and other transferred property, including for maintenance of the facility (concessor fee). The third is compensation of income lost by the concessionaire from the use (operation) of the facility in order to ensure the minimum guaranteed income of the concessionaire. Conditions on maximum financial participation are prescribed.
The possibility of holding an open competition for the right to conclude a concession agreement in electronic form is established from March 1, 2024. Features are determined. From January 1, 2026, it is planned to use this method exclusively.
With regard to agreements on public-private and municipal-private partnerships, it is established that the agreement may provide for the transfer by the public partner of an unfinished construction project, the rights to which are registered in the Unified State Register, to the private partner for the creation of the object of the agreement on its basis. The concept of reconstruction of the object of the agreement is defined. The content of competitive procedures is being clarified (by analogy with concession agreements).
- The procedure for taxation of participants in an investment partnership agreement will change
Dossier on draft federal law No. 227067-8 “On amendments to Article 24.1 of Part One and Article 278.2 of Part Two of the Tax Code of the Russian Federation” (in terms of clarifying the procedure for taxation of participants in an investment partnership agreement) (introduced on November 2, 2022 by the Government of the Russian Federation)
On June 27, 2023, the State Duma, in the second and third readings, adopted amendments to the Tax Code of the Russian Federation, clarifying the rules for tax accounting of income and expenses within the framework of an investment partnership.
In particular, uniform conditions for the formation of tax bases for income tax are being introduced, determined both in the general procedure and within the framework of a partnership. An algorithm is prescribed for determining the share of participation of each participant in the investment partnership agreement in the profit of the partnership. It will be calculated as the ratio of the amount of the participant’s contribution to the total amount of contributions of all participants in the agreement.
The procedure for determining and distributing profit (loss) between the participants of the partnership is clarified. It is provided that the profit (loss) of the partnership will be determined separately for transactions with securities and derivative financial instruments not traded on an organized market, and for other transactions. The procedure for taxation is specified when a taxpayer leaves a partnership or terminates a partnership agreement.