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Legislative assembly of the Rostov region
The regional law of Oct. 1, 2004 No. 151-ZS
The current version with changes of Sep. 23, 2020

About investments in the Rostov region

REGIONAL LAW

About investments in the Rostov region

 

Accepted
Legislative assembly

September 10, 2004

 

The present Regional law is directed to attraction of investments into the Rostov region and creation of the mode of the maximum preference for subjects of investment activities irrespective of their legal forms and forms of ownership.


Of l and in and  1. General provisions

Article 1. Scope of the present Regional law

1. The present Regional law according to the Constitution of the Russian Federation, federal laws defines conditions and forms of the state support of investment activities in the territory of the Rostov region, establishes guarantees of equal protection of the rights, the interests and property of subjects of investment activities and defines the status of the agency of investments and development of the Rostov region.

2. The present Regional law does not extend to the relations connected with an investment of investments into banks and other credit institutions and also in insurance companies which are regulated by the relevant federal legislation, on the relations connected with investments of investments with use of investment platforms and also on the relations which are connected with attraction of money of citizens and legal entities for shared-equity construction of apartment houses and (or) other real estate objects on the basis of the contract of participation in shared-equity construction and are regulated by the Federal law "About Participation in Shared-equity Construction of Apartment Houses and Other Real Estate Objects and about Introduction of Amendments to Some Acts of the Russian Federation".

3. The present Regional law extends to foreign investors taking into account the features established by the federal legislation on foreign investments.

4. In case the special regional law for certain territories of the Rostov region sets a specific mode of investment activities, state support, the special regional law is applied.

 Article 2. The basic concepts used in the present Regional law

For the present Regional law the following basic concepts are used:

investment activities (investment) – an investment of investments and implementation of practical actions for receiving profit and (or) achievement of other useful effect;

investments are the money, securities, other property, including the property rights, other rights having monetary assessment, invested in objects enterprise including in authorized capitals of legal entities and (or) other activity for receiving profit and (or) achievement of other useful effect;

capital investments are investments into fixed capital (fixed assets), including costs of new construction, reconstruction, capital repairs and modernization of operating enterprises, acquisition of machines, the equipment, tool, stock, design and exploration work and other expenses;

subjects of investment activities are participants of investment process which the Russian and foreign investors, customers, contractors, users of subjects to investments, the organizations of infrastructure (consulting, investment and insurance companies, financial institutions) and others are;

the investor – the subject of investment activities who is carrying out an investment of own, loan or raised funds in the form of investments and providing their target use. Natural, legal entities, including the economic entities which are carrying out business activity in miner's territories of the Rostov region, foreign subjects of business activity, public authorities of the Russian Federation and the Rostov region, local governments and the international organizations can act as investors;

objects of investment activities – the newly created or modernized property irrespective of forms of ownership, securities, scientific and technical products, other objects of property and also property rights and the rights for intellectual property, except for the cases established by federal laws;

the paragraph became invalid - the Regional law of 07.05.2014 No. 140-ZS;

the investment contract – the contract signed by the Government of the Rostov region with the investor (investors) establishing volumes, the directions and terms of implementation of investments, conditions and an order of providing the state support of investment activities in the form of tax benefits and also the rights and obligations of the parties;

the agency of investments and development of the Rostov region – the organization with which on a competitive basis the government contract is signed and are charged works on the organization of investment process in the Rostov region and to attraction of investments, equipped with functions on maintenance by the principle of "one window" of the investment projects implemented in the territory of the Rostov region;

the investment project – justification of economic feasibility, volume and terms of implementation of investments, including the design and estimate documentation developed and approved according to the federal and regional legislation and also the description of practical actions for implementation of investments (business plan);

the register of investment projects of the Rostov region – the list of the investment projects financed by extrabudgetary funds which realization provides social and economic development of the Rostov region;

payback period of the investment project – term from the date of the beginning of financing of the investment project about one day when the sum of the net profit which is saved up by the investor with depreciation charges exceeds the actual volume of investment;

competition of investment projects – the procedure of competitive selection of investment projects for rendering the state support to the investor in forms and on the conditions provided by the present Regional law;

the state guarantee of the Rostov region on investment projects – a type of the debt obligation owing to which the Rostov region (guarantor) is obliged to pay at approach of the event (guarantee case) provided in a guarantee to the person in favor of whom the guarantee is provided (beneficiary), according to his written requirement the sum of money defined in the obligation at the expense of means of the regional budget according to conditions of the obligation given by the guarantor to be responsible for execution by the investor (principal) of his obligations to the beneficiary;

paragraph 17 became invalid – the Regional law of 23.09.2020 No. 362-ZS;

the contract on granting a subsidy – the contract signed by the main manager of budgetary funds with the investor (investors) establishing conditions and an order of providing financial support of investment activities in the form of granting subsidies and also the rights and obligations of the parties.

 Article 3. Rights and duties of subjects of investment activities

1. Investors according to the federal and regional legislation have the equal rights for implementation of investment activities in the territory of the Rostov region.

2. Investors have the right in the limits set by the federal and regional legislation:

1) to independently define the directions, volumes and subjects to investments and also to attract on the basis of contracts of other subjects of investment activities;

2) to own, use and dispose of objects and results of investment activities;

3) to transfer the rights for implementation of investments and for their results to natural and legal entities, public authorities and local governments under the contract and (or) the government contract;

4) to independently use the profit got from implementation of the investment project;

5) to unite own and raised funds with means of other investors for joint implementation of investment activities;

6) to carry out other actions which are not forbidden by the federal and regional legislation.

3. Subjects of investment activities according to the federal legislation are obliged:

1) to observe requirements of the federal and regional legislation;

2) point became invalid - the Regional law of 18.11.2011 No. 732-ZS;

3) to execute the requirements shown by public authorities and their officials which are not contradicting standards of the federal and regional legislation;

4) to use the funds allocated for financing of the investment project from the regional budget on purpose.

Article 4. Relations between subjects of investment activities

1. The relations with subjects of investment activities regulated by the present Regional law are under construction on the basis of contracts on granting a subsidy, the investment contracts and (or) government contracts signed according to the federal and regional legislation.

2. Contracts on granting a subsidy, the investment contracts and (or) government contracts signed with subjects of investment activities act before the termination of term of their action on conditions on which they were imprisoned, except for the cases provided by the federal and regional legislation.


Of l and in and 2. Support of investment activities on
territories of the Rostov region

 Article 5. Forms of support of investment activities in the territory of the Rostov region

1. Support of investment activities in the territory of the Rostov region is carried out by public authorities of the Rostov region within their competence.

2. Support of investment activities in the territory of the Rostov region for the purpose of creating favorable conditions for its development is carried out in the following forms:

1) development, a statement and implementation of intermunicipal investment projects, the investment projects aimed at the development of social and engineering infrastructures of municipal units, and the investment projects on objects of state ownership of the Rostov region financed by means of the regional budget;

2) conducting examination of investment projects according to the legislation of the Russian Federation;

3) granting the state guarantees of the Rostov region on investment projects on a competitive basis according to requirements of the Budget Code of the Russian Federation and the Regional law of July 2, 2008 No. 35-ZS "About granting the state guarantees of the Rostov region" taking into account the features established by the Government of the Rostov region;

4) granting at the expense of means of the regional budget of subsidies for compensation of a part of costs of payment of percent on the credits obtained in the credit institutions having the license of the Central Bank of the Russian Federation, and state corporation of development "ВЭБ.РФ" for new construction, reconstruction, modernization of operating enterprises and also for refinancing of earlier obtained credits for implementation of investment projects;

5) granting subsidies for compensation of a part of cost of creation of the capital construction projects of engineering infrastructure which are integral part of the investment project and (or) to their connection (technological accession) to engineering systems electro-, gazo-, water supply and water disposal;

6) granting subsidies for compensation of a part of cost of leading to borders of the land plot on which are located the capital construction projects which are an integral part of the investment project, objects of transport infrastructure, including highways of uncommon use (will be located);

7) granting according to the Regional law of May 10, 2012 No. 843-ZS "About regional taxes and some questions of taxation in the Rostov region" privileges on regional taxes and establishment of the lowered tax rates to the investors enabling the realization of investment projects;

8) establishment of the decreasing coefficients applied when determining the amount of the rent for use of the land plots provided for construction of facilities and implementation of investment projects recognized corresponding to the criteria established by the Regional law of February 25, 2015 No. 312-ZS "About criteria to which there have to correspond buildings for social, cultural and household purposes, large-scale investment projects, for granting the land plots for rent without tendering";

9) involvement in investment process of temporarily suspended and preserved buildings and objects which are in state ownership of the Rostov region;

10) financing at the expense of means of the regional budget of educational programs for training within implementation of projects on the organization of new productions;

11) assistance in inclusion in state programs of the Russian Federation, in federal targeted investment program of socially important and most effective investment projects;

12) assistance in receiving the technical and methodical assistance, grants and credit resources of the international organizations;

13) organization of seminars, conferences on problems of implementation of investment activities, fairs of investment projects;

14) dissemination of information on subjects and objects of investment activities;

15) other organizational support in limits of powers of public authorities of the Rostov region.

3. The government of the Rostov region according to the federal and regional legislation gives financial support to investors in the limits determined by the regional law on the regional budget.

4. Several forms of the state support, except for the forms of the state support established by Paragraphs 4 and 7 of Part 2 of the present article at the same time can be provided to the investor implementing the investment project.

Simultaneous granting the forms of the state support established by Paragraphs 4 and 7 of Part 2 of the present article is allowed at implementation of investment projects:

1)  the rubles providing creation (acquisition) within implementation of the investment project of property with a capacity of capital investments of 300 million and more;

2) the objects of sports infrastructure directed to creation.

5. Specific forms of the state support are determined by each investment project by the Government of the Rostov region and are specified in the contract on granting a subsidy, the investment contract.

The order of signing of the contracts on granting a subsidy, investment contracts, order and conditions of providing the state support are defined by regulations of the Government of the Rostov region.

6. Local governments within the competence have the right to define an order and preferential terms of implementation of investment activities in the territory of the respective municipal unit.

Article 6. Budgetary investments into objects of state ownership of the Rostov region

1. Budgetary appropriations on implementation of the budgetary investments in the form of capital investments into objects of state ownership of the Rostov region are provided in the regional law on the regional budget, including within state programs of the Rostov region.

2. Making decisions on preparation and realization of the budgetary investments into objects of state ownership of the Rostov region is carried out in the order established by the Government of the Rostov region.

3. The budgetary investments into capital construction projects of state ownership of the Rostov region can be carried out according to concession agreements.

4. Providing the budgetary investments into objects of state ownership of the Rostov region on which the decision on granting subsidies for implementation of capital investments in objects of state ownership of the Rostov region is made at execution of the regional budget is allowed in the case established by Article 79 of the Budget Code of the Russian Federation.

5. Implementation of the budgetary investments from the regional budget into objects of state ownership of the Rostov region which do not belong (cannot be carried) to state ownership of the Rostov region, is not allowed.

Article 6.1. Article became invalid - the Regional law of 16.12.2019 No. 261-ZS.

 Article 6.2. Article became invalid - the Regional law of 07.05.2014 No. 140-ZS.

Article 6.3. Article became invalid - the Regional law of 07.05.2014 No. 140-ZS.

Article 7. Register of investment projects of the Rostov region

1. The list of the investment projects financed by extrabudgetary funds which realization provides social and economic development of the Rostov region is formed in the form of the register of investment projects of the Rostov region.

2. The register of investment projects of the Rostov region is formed in the order established by the Government of the Rostov region.

3. The investment projects included in the register of investment projects of the Rostov region are subject to examination according to the legislation of the Russian Federation.

4. The state support in the forms provided by the present Regional law can be provided to the investment projects included in the register of investment projects of the Rostov region.


Of l and in and  3. Agency of investments and development of the Rostov region

 Article 8. An order of the conclusion of the government contract on rendering services for the state needs of the Rostov region in the organization of investment process and attraction of investments

1. The government of the Rostov region or the regional executive authority authorized by it has the right to sign government contracts on rendering services for the state needs of the Rostov region in the organization of investment process and attraction of investments.

2. The government of the Rostov region or the regional executive authority authorized by it on a competitive basis by holding an open competition defines the organization with which the government contract is signed.

3. By results of holding an open competition the winner organization is given the status of the agency of investments and development of the Rostov region.

4. The government contract on rendering services for the state needs of the Rostov region in the organization of investment process and attraction of investments consists the Government of the Rostov region or the executive authority authorized by it with the organization which won a competition for the term of no more than five years in the order established by the federal and regional legislation.

5. Change or termination of the government contract on rendering services for the state needs of the Rostov region in the organization of investment process and attraction of investments is carried out in the order established by the federal and regional legislation.

 Article 9. Rights and obligations of the agency of investments and development of the Rostov region

1. The government contract on rendering services for the state needs of the Rostov region in the organization of investment process and attraction of investments the agency of investments and development of the Rostov region can be given the following rights and duties on:

1) to preparation of offers on creation of favorable economic conditions for implementation of production, investment and innovative activity, to business development;

2) to preparation and implementation of measures for attraction of domestic and foreign investments;

3) to formation of base of investment and innovative offers, including in the sphere of small business;

4) to assistance of conducting examination of investment projects according to the legislation of the Russian Federation;

5) to the organization and maintaining register of investment projects of the Rostov region;

6) to development of offers on development of infrastructure of the market of investments;

7) to rendering assistance in attraction of investments for implementation of projects, significant for the Rostov region;

8) development of measures for stabilization of social and economic development of problem territories;

9) to preparation of analytical and information materials about investment potential, investment climate in the Rostov region;

10) to development and implementation of the program of investment marketing;

11) to implementation of organizational escort of investors in the territory of the Rostov region;

12) to carrying out analysis of the financial market, preparation of offers on attraction of off-budget investments into the priority industries and sectors of economy;

13) other rights and duties provided by the government contract on rendering services for the state needs of the Rostov region in the organization of investment process and attraction of investments.

2. The order of maintenance by the agency of investments and development of the Rostov region of the investment projects implemented in the territory of the Rostov region in the principle of "one window" is defined by the regulatory legal act of the Government of the Rostov region.

  Article 10. Financing and control of activity of the agency of investments and development of the Rostov region

1. The fee of the agency of investments and development of the Rostov region provided by the government contract on rendering services for the state needs of the Rostov region in the organization of investment process and attraction of investments is carried out at the expense of the means provided by separate article in the regional law on the regional budget.

2. Information on activity of the agency of investments and development of the Rostov region within the signed government contract on rendering services for the state needs of the Rostov region in the organization of investment process and attraction of investments is annually submitted by the Government of the Rostov region for consideration of Legislative Assembly of the Rostov region.

3. Control of activity of the agency of investments and development of the Rostov region and performance of the government contract on rendering services for the state needs of the Rostov region in the organization of investment process and attraction of investments is carried out by the regional executive authority authorized in the sphere of preparation and implementation of measures for attraction of domestic and foreign investments.

And in and 4 became invalid for of l – the Regional law of 23.11.2015 No. 447-ZS

Of l and in and 5. State guarantees of the rights of subjects of investment activities

Article 14. State guarantees of the rights of subjects of investment activities

1. According to federal laws, the present Regional law and other regulations of the Rostov region are guaranteed and provided to the Russian and foreign investors and also all other subjects of investment activities which are carrying out investment activities in the territory of the Rostov region irrespective of legal forms and forms of ownership:

1) equal rights at implementation of investment activities and receiving the state support;

2) publicity and openness of the procedure of making decision on providing the state support;

3) free use of the gained income from investments and money after payment of the corresponding taxes and fees;

4) right of the appeal in court decisions, actions (inaction) of public authorities, local governments and their officials;

5) compensation of the losses caused to them as a result of illegal actions (inaction) of public authorities, local governments and their officials according to the legislation of the Russian Federation;

6) protection of investments;

7) for stability of the conditions and the mode which is carrying out the investment project of the investor specified in the present article it is guaranteed during a payback period of the investment project.

2. The foreign investor after payment of the taxes and fees provided by the federal and regional legislation has the right for free use in the territory of the Rostov region for reinvestment and the free translation out of borders of the Russian Federation of income, profits and others is competent the received sums of money in foreign currency.

3. The government of the Rostov region exercises control of execution by subjects of investment activities of the undertaken obligations for implementation of investment projects in the terms specified in the contract on granting a subsidy, the investment contract.

Article 15. Protection of investments

1. In the Rostov region the protection of the Russian and foreign investments provided by the federal legislation irrespective of forms of ownership and legal forms of investors is guaranteed.

2. In the territory of the Rostov region the preservation (not deterioration) of the conditions of providing the state support to the investor established by the regulations of the Rostov region existing at the time of signing of the contract on granting a subsidy, the investment contract is guaranteed to the investor who signed the contract on granting a subsidy, the investment contract for effect of such contracts (except for the regulations of the Rostov region adopted for reduction of the regional legislation in compliance with the federal legislation).

Article 16. Responsibility of subjects of investment activities

1. At non-compliance by subjects of investment activities of requirements of the legislation, the obligations provided in the contract on granting a subsidy, the investment contract the last are responsible according to the federal legislation and the signed contracts on granting a subsidy, investment contracts.

2. Public authorities of the Rostov region at implementation of the state orders take property responsibility according to the obligations provided by contracts and agreements according to the federal legislation.

Of l and in and  6.  Final provisions

 Article 17. Enforcement of the present Regional law

1. The present Regional law comes into force after one month from the date of its official publication, except for Article 13 of the present Regional law.

2. Article 13 of the present Regional law comes into force after one month from the date of its official publication, but not earlier than January 1, 2005.

3. From the date of entry into force of the present Regional law to recognize become invalid:

1) Regional law of February 4, 1998 No. 66-ZS "About support of investment activities in the territory of the Rostov region";

2) Regional law of October 4, 2000 No. 107-ZS "About modification and additions in the Regional law "About Support of Investment Activities in the territory of the Rostov Region";

3) Regional law of September 24, 2001 No. 171-ZS "About modification and additions in Paragraph 4 of Article 9 of the Regional law "About Support of Investment Activities in the territory of the Rostov Region";

4) Regional law of November 2, 2001 No. 187-ZS "About modification and additions in the Regional law "About Support of Investment Activities in the territory of the Rostov Region";

5) Regional law of September 18, 2002 No. 268-ZS "About modification and additions in the Regional law "About Support of Investment Activities in the territory of the Rostov Region";

6) Regional law of December 10, 2002 No. 283-ZS "About modification and additions in the Regional law "About Support of Investment Activities in the territory of the Rostov Region";

7) Regional law of March 15, 2004 No. 93-ZS "About introduction of amendments to the Regional law "About Support of Investment Activities in the territory of the Rostov Region".

 

Head of administration
(Governor) of the Rostov region                                          V.F. Chub

 

Rostov-on-Don
October 1, 2004
NO. 151-ZS

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Changed: On Sep. 28, 2020 12:08
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