Each state understands that the more powerfulhis economic basis is better. The governments of countries in different ways contribute to the flow of investment in the state. After all, these investments enliven economic life! The government of the Russian Federation has decided to bet on such a tool as a special investment contract. What it is? How is it? What are the benefits? These, as well as a number of other issues will be considered in the framework of the article.
general information
To begin, let's see what isrepresents the legislation, which was developed and such a tool as a special investment contract. Decree No. 708, as well as federal law No. 488-F3, and more specifically, its Article 16. What does it say about?
Статья 16 предусматривает, что заключение special investment contracts may be made between the investor (which is a legal or natural person) and the Russian Federation, its subject or municipality.
What are the conditions here? The investor assumes the obligation to create or modernize the production of certain industrial products in the territory controlled by the Russian Federation.
And what is the uniqueness here?
What distinguishes a special investment contractfrom, say, a public-private partnership? The peculiarity here is that the authorities do not envisage the flow of investments (financial assets). And based on this - the state does not receive a certain part of the property in the objects. An investor in this case can only claim certain privileges in the form of customs and tax benefits, as well as preemptive rights.
It should be noted that all prohibitions and restrictions that will be imposed after the conclusion of the contract will not apply to the object of its action.
Establishing relationships
The procedure for the conclusion of a special investmentof the contract prescribed in the previously mentioned Resolution No. 708. There is all the information about what actions an investor must take in order to establish relationships with him in such a legislative field. Let's look at the main points.
So, a special investment contract is notcan be concluded for more than ten years. At the same time there are requirements for the volume of investments. So, they must be at least 750 million rubles. The procedure begins with the fact that the investor submits an application to conclude such a contract. In addition, the following documents should be attached to it:
- Description of measures that are planned to stimulate industrial activity.
- The list of obligations that the investor undertakes.
- Description of the planned industrial project.
- Confirmation of the possibility to invest in the required amount.
- The approximate number of jobs that will be created as part of the project.
- Business plan.
Confirmation and planning documents, in which the features of modernization and planned activities in the field of environmental protection are determined.
And what next?
To determine the subject of the contract, from the investorit is required to choose what it will do: to create or modernize enterprises, to introduce the best possible technologies or to work on the production of products, which have no analogues in the Russian Federation.
Also a person who wants to act like thisshould be determined with specific expenditure and guarantee certain results that should be achieved at the time of termination of the contract. It is also possible to combine activity variants. When an investor starts to implement, he must regularly report on the achieved results of his company. All this is confirmed by the documentation.
The state undertakes, for its part,create favorable conditions for the enterprises of the investor to work successfully and not worsen the situation during the term of the special contract.
Typical form
Rules for the conclusion of special investmentcontracts provide for the completion of this document. The standard form of a special investment contract contains rights and obligations, as well as possible actions that can be taken if obligations are violated.
Если такое произошло со стороны лица, что invests funds, the state can refuse to fulfill its part and cancel the contract. In case of refusal of the investor to continue operations, it is also possible to demand from him the reimbursement of the benefits that were provided during the execution of the concluded agreements. Also, the state disclaims liabilities in the event of the occurrence of certain circumstances of insuperable force.
If the investor performs well, andthere is a violation on the part of the Russian Federation, its subject or municipality, he has the right to either correct the contract so that it responds to reality, or to refuse it. The second case is not as bad as it may seem. After all, in case of withdrawal from the contract, the investor has the right to claim damages. In addition, he can count on the payment of conventional fines. Their size is limited by the amount of expenses that were made by the investor.
Conclusion
Проводимая политика, частью которой и являются special investment contracts, was launched back in 2002. It is aimed at the formation of industrial capacities in the territory of the Russian Federation. Special investment contracts themselves began to be developed in 2012, and in 2014 they were already approved. And anyone who has a sufficient amount of activity can take advantage of the benefits they offer.
It should be noted that the idea itself is prettynot bad. But while talking about the success of the implementation is not necessary. In order to be able to fully judge the effectiveness of the steps taken, it is not enough for several years. It will take years and decades before it becomes clear picture of the feasibility of using such a tool.
