Each state understands that the more powerful the economic basis of its activity, the better. Governments contribute differently to the influx of investment in the state. After all, these investments revive economic life! The Government of the Russian Federation decided to bet on such an instrument as a special investment contract. What it is? How is it made? 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 with, let's figure out what constitutes legislation, which was used to develop such a tool as a special investment contract. Decree No. 708, as well as federal law No. 488-F3, or more precisely, its 16th article. What is it talking about?
Article 16 provides that the conclusion of special investment contracts may be carried out between the investor (which is a legal or natural person) and the Russian Federation, its subject or municipality.
And what are the conditions here? The investor assumes the responsibility of creating or modernizing the production of certain industrial products in the territory controlled by the Russian Federation.
But what is unique about it?
What distinguishes a special investment contract from, say, a public-private partnership? The peculiarity here is that the authorities do not provide for the receipt of investments (financial resources). And on this basis, the state does not receive a certain part of the property in the facilities. In this case, the investor can only apply for 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 introduced after the conclusion of the contract will not apply to the object of its action.
Relationship building
The procedure for concluding a special investment contract is described in the previously mentioned Resolution No. 708. It contains all the information regarding what actions an investor should 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 cannot be concluded for more than ten years. At the same time, there are requirements for the volume of investments. So, they should be at least 750 million rubles. The procedure begins with the investor submitting an application for the conclusion of such an agreement. In addition to it, the following documents must be attached:
- Description of measures that are planned to stimulate activity in the industry.
- The list of obligations undertaken by the investor.
- Description of the planned industrial project.
- Confirmation of the ability to invest in the required amount.
- The approximate number of jobs that will be created as part of the project.
- Business plan.
Supporting and planning documents, which stipulate the features of modernization and planned measures in the field of environmental protection.
What next?
To determine the subject of the contract, the investor is required to choose what he will do: create or modernize enterprises, introduce the best possible technologies or work on the production of products that have no analogues in the Russian Federation.
Also, a person who wants to act in this way must determine the specific costs and guarantee certain results that must be achieved at the time of termination of the contract. A combination of activity options is also possible. When the investor begins to implement, he must regularly report on the results achieved by his company. All this is confirmed by the documentation.
The state undertakes, for its part, to create favorable conditions for the investor's enterprises to work successfully and not to worsen the situation during the term of the special contract.
Standard form
The rules for concluding special investment contracts 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.
If this happened on the part of the person who is investing, the state may refuse to fulfill its part and annul the contract. In case of refusal of the investor to continue activities, there is also the opportunity to demand compensation for the benefits that were provided during the execution of the agreements. The state also withdraws its obligations in the event of the occurrence of certain force majeure circumstances.
If the investor performs everything well, and there are violations on the part of the Russian Federation, its subject or the municipality, then he has the right to either adjust the contract so that it is true or refuse it. The second case is not as bad as it might seem. Indeed, in case of cancellation of the contract, the investor has the right to demand compensation for losses. In addition, he can count on the payment of conventional fines. Their size is limited by the amount of expenses that were incurred by the investor.
Conclusion
The ongoing policy, of which special investment contracts are part, was launched back in 2002. It is aimed at the formation of industrial capacities in the territory of the Russian Federation. The special investment contracts themselves began to be developed in 2012, and in 2014 they were already approved. And everyone who has enough for the activity can take advantage of the benefits that they offer.
It should be noted that the idea itself is pretty good. But while talking about the success of the implementation is not necessary. To be able to fully judge the effectiveness of the steps taken, few years are enough. It will take years and decades before the picture of the advisability of using such an instrument becomes clear.