MONITORING OF LEGISLATIVE CHANGES FOR THE PERIOD FROM 02/01/2026 TO 02/28/2026
1. New legislation regulating investment activity in the Russian Federation
- About the functions and tasks of the Agency for Strategic Initiatives for the Promotion of new Projects
In order to support socially significant initiatives and projects of citizens, including those aimed at achieving the national development goals of the Russian Federation by Decree of the President of the Russian Federation V.V. The President of the Autonomous Non–Governmental Organization Agency for Strategic Initiatives for the Promotion of New Projects (hereinafter - ASI) was authorized to participate in the development of initiatives for qualitative transformation in various spheres and sectors of the economy and the implementation of measures aimed at solving the problems of long-term sustainable socio-economic development of the Russian Federation, subjects of the Russian Federation and municipalities.
To this end, the ASI's functions include, among other things, assistance in the implementation of projects aimed at protecting the rights and legitimate interests of business and investment entities.
The ASI Supervisory Board is headed by the President of the Russian Federation, and its members are appointed by the President of the Russian Federation.
It should be recalled that ASI was established in 2011 by Decree of the Government of the Russian Federation dated 08/11/2011 No. 1393-r "On the establishment of the autonomous non-profit organization Agency for Strategic Initiatives for the Promotion of New Projects" in order to promote the development of social and professional mobility of young professionals in the field of medium-sized enterprises and the social sphere by supporting socially significant projects and initiatives. The founder of ASI is the Russian Federation, and its powers are exercised by the Government of the Russian Federation.
Foundation: Decree of the President of the Russian Federation dated 02/04/2026 No. 57 "On the Autonomous Non-profit Organization Agency for Strategic Initiatives for the Promotion of New Projects"
- Payment for the technological audit of real estate and linear facilities created as part of the investment project
The procedure for issuing an opinion on conducting a technological audit of real estate and linear facilities created (built) or reconstructed as part of an investment project for which an agreement on the protection and promotion of investments has been concluded has been adjusted.
It was decided to charge a fee in the amount of 24% of the fee for state expertise of project documentation and engineering survey results for conducting a technological audit. The fee includes VAT.
The technological audit will be conducted at the expense of the organization implementing the project. Payment will be made regardless of the result of the services provided.
Basis: Resolution of the Government of the Russian Federation dated 02/19/2026 No. 164 "On Amendments to Resolution of the Government of the Russian Federation dated October 3, 2020 No. 1599"
2. Normative initiatives in the field of investment activity
- A new methodology for selecting regional toll road construction projects under concession agreements
As part of the public-private partnership, inter-budget transfers are allocated for the implementation of regional toll road construction (reconstruction) projects. A new methodology for selecting such projects has been developed.
The key requirements for projects are their cost (at least one billion rubles), the availability of extra-budgetary financing in the amount of at least 15% of the cost, as well as limiting the share of state support (no more than 50% for highways and 75% for artificial structures).
The project should be included in the regional road management program and in the territorial planning documents of the subject.
The project is evaluated according to eight criteria: reducing the share of congested roads, the degree of readiness, financial, budgetary and socio‑economic efficiency, the share of government support, the share of extra-budgetary financing and the weighted average cost of capital.
Applications will be accepted until February 1 (in 2026 – until May 17). Approved projects are included in the priority list and can receive inter-budget transfers.
Thus, the methodology provides a unified, transparent and objective assessment process for road concession projects, taking into account technical, economic and social parameters, as well as the degree of participation of public and private investments.
Basis: Draft Order of the Ministry of Transport of the Russian Federation "On Approval of the Methodology for Selecting Projects for the Construction (reconstruction) of Highways (Sections of Highways and (or) Artificial Road structures) implemented by the Subjects of the Russian Federation under Concession Agreements to provide inter-budget transfers for the implementation of measures using public-Private partnership mechanisms" (prepared by Ministry of Transport of Russia on 02/16/2026)
- Assessment of the effectiveness of capital investments at the expense of the federal budget
It is planned to adjust the methodology for assessing the effectiveness of using federal budget funds allocated for capital investments.
As part of the effectiveness assessment according to the "Availability of consumers of products (services) created as a result of the implementation of the investment project" criterion, the applicant will have to submit to the Ministry of Economic Development of the Russian Federation documentary evidence of the absence of restrictions for construction.
With regard to social facilities, it will be necessary to take into account the compliance of the investment project with measurable industry requirements in the social sphere.
Basis: Draft Order of the Ministry of Economic Development of the Russian Federation "On Amendments to the Methodology for Assessing the Effectiveness of using Federal Budget Funds Allocated for Capital Investments, approved by Order No. 108 of the Ministry of Economic Development of the Russian Federation dated February 21, 2024" (prepared by the Ministry of Economic Development of the Russian Federation on 02/11/2026)
- On state support for investment projects within the framework of agreements on protection and promotion of investments
It is planned to adjust the procedure for reimbursement of costs incurred as part of the implementation of an investment project, in respect of which an agreement on the protection and promotion of investments has been concluded.
In particular, the list of conditions for compensation will be expanded. The implementation of residential premises by the project contractor will be carried out at a price determined based on the average market value according to the Ministry of Construction of the Russian Federation, reduced by the amount of costs planned to be reimbursed (if applicable).
At the same time, the costs will be reimbursed not only by the regions, but also by municipalities.
Basis: Draft Resolution of the Government of the Russian Federation "On Amendments to Resolution of the Government of the Russian Federation No. 1599 dated October 3, 2020" (prepared by the Ministry of Economic Development of the Russian Federation on 02/10/2026)
- On expanding the scope of the mechanism of agreements on the protection and promotion of investments
Current legislation does not allow the use of the mechanism of agreements on the protection and promotion of investments (hereinafter referred to as the NWPC) as a tool for reimbursing investors for the creation of social infrastructure facilities, despite the existence of relevant instructions from the President of the Russian Federation and well-developed approaches to investor participation in the implementation of territorial development measures.
It is planned to expand the possibilities of using the NWPC mechanism in order to implement the tasks of socio-economic development of the territories of the Russian Federation. The draft law provides for the possibility of reimbursing investors for the creation, reconstruction, and overhaul of social infrastructure facilities within the framework of the NWPC, including the subsequent transfer of such facilities to state or municipal ownership, using state support measures provided for by law.
These changes will reduce the burden on the budgets of the constituent entities of the Russian Federation when creating social infrastructure facilities, as well as expand the practice of using the NWPC mechanism without using direct budget subsidies.
Basis: Draft Federal Law "On Amendments to the Federal Law "On Protection and Promotion of Investments in the Russian Federation" (prepared by the Ministry of Economic Development of Russia on 02/26/2026).
3. Explanations of the federal executive authorities of the federal legislation
- On the procedure for applying VAT when the initiator of the project receives funds from the investor for the construction of real estate
The tax authorities consider the funds received by the initiator of the investment project from the investor as an advance payment for the future transfer of property rights - a share in ownership of the built property. According to current tax legislation, such prepayments are included in the VAT tax base in full, that is, taking into account the amount of tax, and the tax is payable at the time of their receipt, and not after the actual transfer of the share.
When resolving disputes, the courts determine the legal nature of investment contracts, and it depends on whether the transaction will be subject to VAT. Therefore, it is recommended to clearly indicate in the contract that the funds received are an advance payment for the future transfer of property rights and are subject to VAT, as well as to calculate and pay VAT immediately after receiving the funds, and file an appropriate tax return.
Thus, all amounts received by the initiator of the investment project from the investor must be included in the VAT base and taxed at the time of their receipt.
Basis: Letter from the Federal Tax Service dated 02/17/2026 № SD-28-3/37@ On the application of VAT when the initiator of an investment project receives funds from an investor to finance the creation (acquisition) of a real estate object
4. New legislation in the Republic of Tatarstan
- About the procedure for transferring agricultural land in Tatarstan
At the federal level, a new procedure has been established for transferring agricultural land to another category. In this regard, the Land Code of the Republic of Tatarstan and related regional by-laws are being adjusted.
The transfer of lands owned by the Republic of Tatarstan or land plots within such lands from one category to another, with the exception of agricultural lands, is carried out by the Cabinet of Ministers of the Republic of Tatarstan. The act on the transfer of agricultural land is adopted by the authorized executive authority.
In this regard, on March 1, 2026, a new procedure for approving the transfer of agricultural land to another category came into force in the Republic of Tatarstan.
The order will be as follows. The Ministry of Land and Property of the Republic of Tatarstan considers the application within seven days from the date of registration. After that, he sends the prepared draft law of the Republic of Tatarstan, providing for the transfer of lands, for approval to the Ministry of Agriculture of the Republic of Tatarstan, the Ministry of Ecology and Natural Resources of the Republic of Tatarstan, the Ministry of Construction and Housing of the Republic of Tatarstan, the Committee of the Republic of Tatarstan for the Protection of Cultural Heritage, the Ministry of Justice of the Republic of Tatarstan, the Center for State Cadastral Assessment. The deadline for consideration of the draft law by the authorized bodies is five days.
The draft law of the Republic of Tatarstan, agreed with the authorized bodies, the petition and the documents attached to it are sent to the Cabinet of Ministers of the Republic of Tatarstan, which reviews the documents within 10 days and sends them to the Rais of the Republic of Tatarstan.
Within two days from the date of entry into force of the law providing for the transfer of agricultural land, an order of the Ministry on the transfer of land is issued.
Applications for the transfer of agricultural land received before March 1, 2026, are considered in accordance with the procedure established before the date of entry into force of these amendments.
Basis: Law of the Republic of Tatarstan dated 02/19/2026 No. 7-ZRT "On Amendments to Article 8 of the Land Code of the Republic of Tatarstan", Resolution of the Cabinet of Ministers of the Republic of Tatarstan dated 02/20/2026 No. 113 "On Amendments to Resolution of the Cabinet of Ministers of the Republic of Tatarstan dated 10/25/2006 No. 523 "On Approval of the Application Form for the transfer of land from agricultural land the appointment to another category and the composition of the attached documents"
5. Judicial practice
- The need to check the boundaries of the land plot and compare them with the boundaries of protected areas
Citizens and a public organization have challenged the granting to an investor of the right to lease a land plot without bidding for an investment project. The plaintiffs referred to the lack of accounting for nearby cultural heritage sites and the location of the site in an area with special conditions of use, which precludes the provision of land for rent without bidding. Also, according to the plaintiffs, the implementation of the project may violate the interests of citizens related to safety and the environment.
The court refused to satisfy the plaintiffs' claims, finding that the investment project met the criteria, and the land plot was not located within the boundaries of the forest park green belt. The EGRN information about the boundaries of the land plot and the green belt did not overlap. There were no cultural heritage sites within the boundaries of the site. The draft planning and surveying of the territory, on the basis of which the site was formed, has been approved. No grounds have been established for invalidating or terminating the lease agreement, since the plaintiffs are not a party to the agreement and have not proved its invalidity or the need for termination.
Thus, the investor needs to check the boundaries of the land plot in advance in the Unified State Register of Real Estate (USRN) and compare them with the boundaries of protected areas such as forest parks and green belts, as well as with cultural heritage zones.
It is also important that the burden of proof lies with the applicant. The plaintiff must prove a violation of rights, for example, crossing the borders of protected areas, as well as the invalidity of the contract, if any.
Source: Ruling of the IC on civil cases of the Third Cassation Court of General Jurisdiction dated 02.02.2026 in case No. 8G-24406/2025[88-1651/2026-(88-23921/2025)]
- About the impossibility of assignment of rights under a land lease agreement
The Committee of Property Relations of St. Petersburg filed a lawsuit against the investor and the sole proprietor to invalidate the agreement on the assignment of lease rights to a land plot provided without bidding for the placement of socio-cultural facilities. The investor was the original tenant who transferred the IP rights.
The Court of Appeal found that the transfer of lease rights to an individual entrepreneur who is not related to the exercise of this right violates public interests and legal requirements. The lease agreement was concluded for a period of less than five years, which required the landlord's written consent to transfer the rights. The absence of such consent and violation of the procedure established by law for the provision of land makes the assignment agreement null and void.
The investor's appeal was dismissed, and the decision of the court of first instance remained unchanged.
Source: Decision of the Thirteenth Arbitration Court of Appeal dated 02/16/2026 No. 13AP-29092/25 in case No. A56-23931/2025