Monitoring of legislative changes for the period from 01.01.2026 to 31.01.2026

31 January 2026, Saturday

1. International Block
- Namibia is included in the list of users of the unified system of tariff preferences of the EAEU

It was decided to include Namibia in the list of developing countries - users of the unified system of tariff preferences of the EAEU. There are currently 30 countries on the list.  

It should be recalled that the rates of import customs duties of the Single Customs Tariff of the Eurasian Economic Union apply to goods imported into the customs territory of the Eurasian Economic Union and originating from any country (including those whose origin has not been established). However, the EAEU member States provide tariff preferences for goods originating from a number of developing countries.

For goods originating from such developing countries, according to the Treaty on the Eurasian Economic Union of May 29, 2014, import customs duty rates of 75 percent of the import customs duty rates of the Single Customs Tariff of the Eurasian Economic Union are applied.

Basis: Decision of the Council of the Eurasian Economic Commission of 28.01.2026 No. 8 "On Amendments to Annex No. 2 to the Decision of the Customs Union Commission of November 27, 2009 No. 130" (the document enters into force on 02/27/2026)

2. Normative initiatives in the field of investment activity


 - Changes are planned in the order of formation of the list of priority investment projects in the field of forestry

It is planned to update the procedure for maintaining the list of priority investment projects for the development of the forest complex.

We will only talk about investment projects to create a forest and timber processing infrastructure with a minimum amount of capital investment of at least 3 billion rubles. Currently, these are also projects to modernize the timber processing infrastructure, including the processing of wood waste, including for bioenergy purposes, with a minimum capital investment of at least 2 billion rubles.

The list will additionally indicate the number of new jobs being created, as well as the duration of the project. Quarterly updating of the included information is provided.

Basis: Draft Decree of the Government of the Russian Federation "On priority investment projects for the development of the forest complex" (prepared by the Ministry of Industry and Trade of Russia on 01/23/2026)

 

- Changes in the sphere of foreign investments in business entities of strategic importance for ensuring the country's defense and state security

The Russian State Duma has adopted in the first reading a draft federal law on amendments to the sphere of foreign investment in business entities of strategic importance for ensuring the country's defense and state security.

The changes are aimed at improving the regulation of foreign investment in strategic sectors of the economy that are important for Russia's defense and security. The project provides for increased control over the acquisition by foreign investors of ownership or use of property related to the main production activities of strategic organizations, including enterprises engaged in fisheries activities.  

The requirements for mandatory approval of such transactions with the Government Commission are introduced if the company is a large or medium—sized market player (revenue from core activities is at least 50% of the total, the total book value of assets is over 800 million rubles). This will prevent the risk of products entering foreign markets to the detriment of domestic consumption, support economic stability and food security, while preserving the independence of Russian companies in the field of fishing and production of fish. In total, such regulation will affect about 2113 organizations engaged in key activities for the production of fish products, which corresponds to the type of strategic activity according to the current classifiers.

Basis: Resolution of the State Duma of the Federal Assembly of the Russian Federation dated January 14, 2026 No. 9975-8 of the State Duma "On the Draft Federal Law No. 1082676-8 "On Amendments to the Federal Law "On the Procedure for Foreign Investments in Business Entities of Strategic Importance for Ensuring National Defense and State Security" and Certain Legislative Acts of the Russian Federation and the Invalidation of Sub-paragraphs 8 and 9 of paragraph 10 of Article 6 of the Federal Law "On Foreign Investments in the Russian Federation"

 

- Implementation of the provisions of the Regional Investment Standard into federal legislation

The State Duma of the Russian Federation has adopted in the first reading a draft law "On Amendments to the Federal Law "On Investment Activities in the Russian Federation Carried out in the Form of Capital Investments." Its purpose is to consolidate a number of instruments of the Regional Investment Standard (RIS) support system for new investment projects in the constituent entities of the Russian Federation, which has currently been approved by order of the Ministry of Economic Development of the Russian Federation.

These tools include: investment declarations, development agencies (which have been established and are functioning in all regions by 2025), investment committees, sets of investment rules (optimal algorithms for investor actions ("client path")), investment maps (information resources for investors).

In order to assess the effectiveness of the implementation of RIS, business associations annually confirm the quality of its implementation within the framework of the National Rating of the Investment Climate of the regions.

Since 2025, the National Project "Efficient and Competitive Economy" has been implemented, an integral part of which is the Federal Project "Increasing Investment Activity", which aims to increase the volume of investments in fixed assets by at least 60 percent in 2030 compared to the level of 2020. One of its activities is the confirmation of the "RICE".

In this regard, it is planned to supplement the forms and methods of regulating investment activities stipulated in Federal Law No. 39-FZ dated 02/25/1999 "On Investment Activities in the Russian Federation carried out in the form of Capital Investments" with the relevant powers of the regions to approve investment declarations; to identify specialized organizations for attracting investments and working with investors, including financing them. activities; creation of investment committees of the regions; formation of a feedback mechanism with the subjects of investment activity.

It is also planned to introduce a mechanism for monitoring the implementation of measures aimed at creating favorable conditions for the development of investment activities, and to empower the state authorities of the Russian Federation, regional government authorities, and public associations of entrepreneurs, which will assess the effectiveness of the above-mentioned measures.

Municipalities were also not ignored in this draft law, the provisions of which provide for the possibility of approving investment profiles of municipalities that define the foundations of favorable conditions for the development of investment activities at the local level, as well as the competence of municipalities to appoint investment commissioners of municipalities responsible for interacting with investment entities and creating favorable conditions for development in municipalities. investment activity.

Basis: Resolution of the State Duma of the Federal Assembly of the Russian Federation dated January 14, 2026 No. 9974-8 On the Draft Federal Law No. 1081975-8 On Amendments to the Federal Law On Investment Activities in the Russian Federation Carried Out in the Form of Capital Investments

 

- Approval of the requirements for the master plan of the industrial (industrial) park

The Ministry of Industry and Trade of the Russian Federation plans to approve the requirements for the industrial (industrial) park master plan, which is one of the documents submitted by the management company of the industrial (industrial) park to confirm compliance with the requirements for industrial (industrial) parks and management companies of industrial (industrial) parks in order to apply measures to stimulate industrial activity., according to the Decree of the Government of the Russian Federation dated 08/04/2015 No. 794 "On Industrial (industrial) parks and Management companies of industrial (industrial) parks".

The master plan will consist of text and graphic parts.

The text part will include an explanatory note on the main characteristics of the territory and infrastructure of the industrial complex.

(industrial) park, information on the provision of its territory with industrial infrastructure facilities, an estimate of the costs of creating industrial infrastructure for it; information on the actual and planned (broken down by years of the planned period) use of its facilities by residents and (or) potential residents, infrastructure users, including information on the actual and planned volume of industrial production residents and potential residents; information about the current and planned value of financial and economic indicators of the management company.

The graphic part of the master plan will include a diagram of the location of an industrial (industrial) park within the boundaries of a Russian subject and a municipal entity; a diagram of the location of land plots within the park; a diagram of the location of its buildings, structures, facilities, municipal and transport infrastructure, land plots within the territory of an agro-industrial or eco-industrial park with the type of permitted use.; the scheme of placement of residents and potential residents, users of the park's infrastructure within the boundaries of its territory of the industrial (industrial) park, its situational plan, if the objects of the industrial infrastructure of the industrial (industrial) park are located at a distance and cannot be displayed within the framework of the master plan.

Basis: Draft Order of the Ministry of Industry and Trade of the Russian Federation "On approval of the requirements for the master Plan of the Industrial (Industrial) Park" (prepared by the Ministry of Industry and Trade of Russia on 15.01.2026)

 

3. New legislation in the Republic of Tatarstan 

- The action plan for the development of exports of agricultural products has been approved

The Cabinet of Ministers of the Republic of Tatarstan has approved an Action Plan for the development of exports of products of the agro-industrial complex of the Republic of Tatarstan for 2026-2030 in order to ensure sustainable economic growth and improve the welfare of the republic, create an effective system to stimulate the export activities of enterprises, including those producing halal products, ensure epizootic and phytosanitary well-being in the Republic of Tatarstan, the development of transport, logistics and distribution infrastructure, dissemination and encouragement of positive experiences, available in this area, and the implementation of a set of measures aimed at increasing the competitiveness of the region's products on the world market.

A number of measures within the framework of the strategic objectives of the plan aimed at creating new and increasing existing production capacities in order to increase the export potential of the region, expand the range of products for their subsequent promotion to foreign markets, are being implemented jointly with the Investment Development Agency of the Republic of Tatarstan.   

In particular, it is planned to include additional export-oriented investment projects of agro-industrial enterprises in the "one-stop shop" investment project support system, organize support for their implementation, and attract investors to implement such investment projects.

Basis: Decree of the Cabinet of Ministers of the Republic of Tatarstan dated January 26, 2026 No. 75-r

- The task for the management of the republican executive authorities for 2026 and for the planning period of 2027 and 2028 has been approved

The Cabinet of Ministers of the Republic of Tatarstan has approved the task for the management of the republican executive authorities, individual state institutions of the Republic of Tatarstan for 2026 and for the planning period of 2027 and 2028. 

The task of developing investment activities in the field of public-private partnership and private investment, as well as comprehensive support for the implementation of investment projects, is assigned to the Investment Development Agency of the Republic of Tatarstan in three areas: the growth rate of investments in fixed assets excluding budgetary funds, the volume of foreign investments per resident of the Republic of Tatarstan, and the number of attracted residents in the territory of advanced development of the Republic Tatarstan.

Basis: Resolution of the Cabinet of Ministers of the Republic of Tatarstan dated January 26, 2026 No. 44 "On approval of the task for the management of republican executive authorities, individual State institutions of the Republic of Tatarstan for 2026 and for the planning period of 2027 and 2028"

- Changes in the procedure for concluding, modifying and terminating concession agreements for individual infrastructure projects

Amendments have been made to the Procedure for interdepartmental interaction between the executive authorities of the Republic of Tatarstan and local self-government bodies of municipalities of the Republic of Tatarstan in the preparation, conclusion, amendment and termination of concession agreements for heat supply facilities, centralized hot water supply, cold water supply and (or) sanitation systems, and individual facilities of such systems, for which the municipality of the Republic of Tatarstan acts as a concessor. and a third party in which the Republic of Tatarstan is mandatory.

Basis: Resolution of the Cabinet of Ministers of the Republic of Tatarstan dated January 17, 2026 No. 15 "On Amendments to the Procedure for Interdepartmental Interaction between Executive Authorities of the Republic of Tatarstan and Local Self-Government Bodies of Municipalities of the Republic of Tatarstan in the Preparation, Conclusion, Amendment and Termination of Concession Agreements for Heat Supply Facilities, Centralized hot Water Supply Systems, Cold Water Supply and (or) Sanitation, individual objects of such systems, the concedent for which is the municipality of the Republic of Tatarstan and the third party in which is necessarily the Republic of Tatarstan, approved by Resolution of the Cabinet of Ministers of the Republic of Tatarstan dated 02/16/2022 No. 132"

 

4. Judicial practice
- The need for notification of the property located on the land plot during the bidding process

The municipality put up for auction a plot for a store, but did not mention the summer porch attached to the neighboring cafe. The FAS ordered to cancel the auction, but the courts decided that since the veranda does not belong to real estate, this does not interfere with the auction.

Previously, the place for this veranda was rented out without bidding. To remedy the violation, the administration decided to put the plot up for auction, but did not mention the veranda. This means that the winner of the auction must decide on the issue of the veranda with its owner. This creates unreasonable advantages for the veranda owner himself or an affiliated person to participate in the bidding.

The court overturned earlier court decisions and refused to invalidate the decisions and orders of the antimonopoly authority, since the administration's erroneous bidding of a land plot with the permitted use of "shops" with a description of the technical conditions for connection without specifying the permitted parameters of the facility and the presence of another person's summer porch on it led to a violation of the law and, as a result, the creation of an advantage some bidders are ahead of others.

Source: Ruling of the IC on Economic Disputes of the Supreme Court of the Russian Federation dated January 19, 2026 No. 301-ES25-9438 in case No. A38-1153/2024 

- On possible grounds for challenging investment agreements when leasing land plots without bidding

The Supreme Court of the Russian Federation is considering a case on the invalidation (nullity) of an investment agreement and an additional agreement to it, on the invalidation (nullity) of a land lease agreement between the municipal administration and the company and the application of the consequences of the nullity of void transactions in the form of the return to the ownership of a municipal entity of land leased to the company.

The Prosecutor's Office of the Republic of Ingushetia disputes the investment agreement, as it considers them to be imaginary transactions concluded solely for the sake of appearances, without the real intention of the parties to fulfill their obligations. That is, the transactions were not carried out to achieve the desired result, but to create certain legal consequences beneficial to one of the parties. As a result, there is a violation of the lease procedure, since land plots must be leased through competitive procedures (auctions).  

The Prosecutor's Office also believes that the investment project does not meet the objectives of stimulating economic growth in the region. The creation of a small number of jobs (61) is not enough to have a tangible impact on the economy of the Republic of Ingushetia. In addition, there is no contribution to the development of infrastructure or other important areas. And the investment project itself is not aimed at solving urgent social problems in the region, such as providing housing for orphaned children, creating a maneuverable housing stock or providing land to large families. This contradicts the priorities of the socio-economic development of the Republic of Ingushetia.

The excess of the powers of the Investment Council of the region is also considered. According to the Prosecutor's Office, this is expressed in the fact that determining the compliance of investment projects with the criteria of scale falls within the competence of the authorized executive authority for investment policy (the Ministry of Economic Development of the Republic of Ingushetia). The Investment Council has the right only to recommend or reject projects, but not to assign them the status of "large-scale".

Source: Ruling of the Supreme Court of the Russian Federation dated January 20, 2026 No. 308-ES25-10703 in case No. A18-2014/2024

 

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