DECISION OF THE GOVERNMENT OF THE RUSSIAN FEDERATION
NO. 468 OF JUNE 23, 2008
ON THE INTRODUCTION OF AMENDMENTS INTO DECISION
OF THE GOVERNMENT OF THE RUSSIAN FEDERATION
NO. 134 OF MARCH 1, 2008
The Government of the Russian Federation hereby resolves:
1. To approve the hereto enclosed Amendments to Be Introduced into
the Rules for the Formation and Use of Budgetary Allocations from the
Investment Fund of the Russian Federation, approved by Decision of the
Government of the Russian Federation No. 134 of March 1, 2008 (Sobraniye
Zakonodatelstva Rossiiskoy Federatsii, No. 10, 2008, Item 932).
2. The Ministry of Regional Development of the Russian Federation
shall:
a) direct in 2008 for financing investment projects of regional and
interregional importance (hereinafter referred to as regional investment
projects) budgetary allocations from the Investment Fund of the Russian
Federation in an amount of up to 80 billion roubles;
b) to approve in agreement with the Ministry of Finance of the
Russian Federation and with the Ministry of Economic Development of the
Russian Federation within three months as from the date of entry into
force of the present Decision the methodology for the calculation of
indices and for the application of the efficiency criteria of regional
investment projects;
c) to approve within three months as from the date of entry into
force of the present Decision the following normative legal acts:
- the model form for an agreement between the responsible executor
(responsible executors) of a regional investment project and the Ministry
of Regional Development of the Russian Federation on granting budgetary
allocations from the Investment Fund of the Russian Federation for an
implementation of the regional investment project;
- the form for an application from the higher executive body of
state power of the subject of the Russian Federation for being granted
budgetary allocations from the Investment Fund of the Russian Federation
for an implementation of the regional investment project.
3. The responsible executors of the investment projects,
incorporating the elaboration of the project documentation for capital
construction objects, shall provide for the elaboration of passports for
the said projects and for their concepts, and submit to the Ministry of
Regional Development of the Russian Federation the draft Decisions of the
Government of the Russian Federation on the approval of the passports of
these projects within three months as from the day of entry into force of
the present Decision.
4. To lay it down that the provisions, stipulated in Subitem (s) of
Item 28, in Subitem (d) of Item 36, in Subitems (b) and (c) of Item 56, in
Subitems (b) and (c) of Item 60 and in Subitem (d) of Item 81 of the Rules
for the Formation and Use of Budgetary Allocations from the Investment
Fund of the Russian Federation, shall be applied from January 1, 2009.
5. The Ministry of Finance of the Russian Federation shall approve
in the established order the limits of budgetary liabilities with respect
to the investment projects, incorporating the elaboration of the project
documentation for capital construction projects, approved by the
Government of the Russian Federation before July 1, 2008.
Chairman of the Government
of the Russian Federation V. Putin
Amendments
to Be Introduced into the Rules for the Formation and
Use of Budgetary Allocations from the Investment Fund
of the Russian Federation
(approved by Decision of the Government of the Russian
Federation No. 468 of June 23, 2008)
1. In Item 1 after the words, "(hereinafter referred to as
projects)," shall be added the words, "of investment projects of regional
and interregional importance, implemented on the terms of the state and
private partnership (hereinafter referred to as regional investment
projects),".
2. Item 2 shall be extended by a paragraph of the following content:
"When preparing the draft federal law on the federal budget for the
following financial year and for the planned period, the volume of funds
from the federal budget, stipulated for the formation of budgetary
allocations from the Investment Fund of the Russian Federation, shall be
defined in accordance with the procedure, established by the Government
of the Russian Federation.".
3. In Subitem a) of Item 6 the words, "of the concession project",
shall be replaced by the words, "of the concession agreement".
4. Item 8 after the words, "(hereinafter referred to as concession
projects)", shall be added the words, ", as well as for an implementation
of regional investment projects".
5. In the fourth paragraph of Item 12 the words, "for an
implementation of concession projects", shall be replaced by the words,
"for an implementation of concession agreements", and the words, "of the
cost of an investment project", shall be replaced by the words, "of the
cost of an object of the concession agreement".
6. In Item 14 the words, "of the ultimate volume", shall be deleted.
7. Item 16 shall be removed.
8. In Item 17 the words, "of the size of the Fund", shall be
replaced by the words, "of the volume of the Fund".
9. In the second paragraph of Subitem c) of Item 18, the words, "the
Ministry of Economic Development and Trade of the Russian Federation",
shall be replaced by the words, "the Ministry of Economic Development of
the Russian Federation".
10. In the fifth and the sixth paragraphs of Item 19, the words,
"the Ministry of Economic Development and Trade of the Russian
Federation", in the corresponding grammar case shall be replaced by the
words, "the Ministry of Economic Development of the Russian Federation",
in the corresponding grammar case.
11. The third paragraph of Item 26 shall be rendered in the
following edition:
"At the second stage, the Government Commission on the Projects of
General State Importance (hereinafter referred to as the Government
Commission) shall consider the draft projects, selected by the investment
commission, and shall adopt the decision on granting budgetary
allocations from the Fund, or on the refusal to grant such.".
12. Subitem h) of Item 28 shall be rendered in the following
edition:
"h) a copy of the protocol or another document on the credit
institution's intention to grant a credit to the initiator, if the draft
project is approved by the Government Commission (in case borrowed funds
are attracted for financing the draft project);".
13. In Subitem i) of Item 28 after the word, "participation", shall
be added the words, "of the initiator".
14. In the third paragraph of Item 29 the words, "by the head of the
organisation and certified by the seal of the organisation (signed by the
individual businessman)", shall be replaced by the words, "and certified
by the seal of the initiator of the concession project".
15. In Item 30 the words, ", signed by the head of the organisation
and certified by the seal of the organisation (signed by the individual
businessman)", shall be deleted.
16. The first paragraph of Item 33 after the words, "Selection of
projects is carried out", shall be extended by the words, "by the
investment commission".
17. In Item 38 the words, "considers the projects", shall be
replaced by the words, "considers the list of the projects".
18. Item 42 shall be extended by Subitem f) of the following
content:
"f) the draft of an agreement, concluded between the investor
(investors) and the responsible executor (responsible executors),
determining the procedure for interaction of the parties to the agreement
in the course of elaboration of the project documentation for capital
construction objects (if such exist)".
19. In Item 44 the words, ", signed by the head of the organisation
and certified by the seal of the organisation (signed by the individual
businessman)", shall be omitted.
20. In Subitem a) of Item 47:
- after the words, "the protocol of the session", shall be added the
words, "of the investment";
- the words, "of the projects, for which the project documentation
on capital construction objects is elaborated", shall be deleted.
21. In Item 48 the words, "of the projects, for which the project
documentation on capital construction objects is elaborated", shall be
replaced by the words, "in conformity with Item 47 of the present Rules",
and the words, "in Item 43", shall be replaced by the words, "in Item
47".
22. In Item 49 the words, "considers the concepts of the projects,
as well as the documents", shall be replaced by the words, "approves the
concepts of the projects and considers the documents", and the words, "in
Item 43", shall be replaced by the words, "in Item 47".
23. In Item 50:
- the words, "within a week", shall be replaced by the words,
"within a month";
- the words, "the list of the projects, for which the project
documentation on capital construction objects is elaborated, and the
concepts of the projects, for which the project documentation is
elaborated on capital construction objects", shall be replaced by the
words, "the list and the projects of the passports of the projects, for
which the project documentation on capital construction objects is
elaborated, and the concepts of the said projects";
- the words, "for the approval", shall be deleted.
24. Item 51 shall be rendered in the following edition:
"51. On the ground of the Order of the Government of the Russian
Federation on the Approval of the List and of the Passports of the
Projects, for Which the Project Documentation on Capital Construction
Objects Is Elaborated, the responsible executors shall approve the
technical task for the elaboration of the project documentation on
capital construction objects. The said technical task shall be agreed
with the Federal Ministry before it is approved by the responsible
executor.".
25. In Subitem c) of Item 54, the words, "the state support in the
form of", shall be replaced by the words, "the granting of".
26. In Subitem c) of Item 55:
- after the words, "(responsible executors)", shall be added the
words, "and the investor (investors)";
- the words, "shall conclude", shall be replaced by the words,
"shall conclude within two months".
27. In Item 56:
- in Subitems b) and c) the words, "(on the capital construction
objects, whose creation is started after January 1, 2008)", shall be
deleted;
- Subitem d) shall be extended by the words, " - if its obligatory
carrying out is stipulated in the legislation of the Russian Federation."
28. Subitem b) of Item 57 shall be removed.
29. Subitem b) of Item 59 shall be removed.
30. In Item 60:
- in the first paragraph the words, "for the recipients of the funds
of the federal budget", shall be replaced by the words, "for the
recipients of funds from the federal budget,", and the words, "of the
Federal Treasury on the settlement accounts of the concessioner, opened
to him", shall be replaced by the words, "of the Federal Treasury, onto
the concessioner's settlement accounts, opened to him";
- in Subitem b), the words, "(by the capital construction objects,
whose creation is to be started as from March 1, 2008)", shall be
deleted.
- in Subitem c) the words, "(by the capital construction objects,
whose creation is to be started as from March 1, 2008)", shall be
removed.
31. Item 65 shall be extended by a paragraph of the following
content:
"Revision of the passports of investment projects, approved by the
Government of the Russian Federation, towards an increase of expenditures
from the federal budget, envisaged for an implementation of the project,
is inadmissible.".
32. Chapter X of the following content shall be added:
"X. Specifics in Granting the Fund's Budgetary Allocations
for an Implementation of Regional Investment Projects
"66. Budgetary allocations from the Fund may be granted for an
implementation of regional investment projects, aimed at the
socio-economic development of the subjects of the Russian Federation in
the part of creation and (or) development of objects in the transport,
the communal and the energy infrastructure of the state property of the
subjects of the Russian Federation and (or) of the municipal property, as
well as for an implementation of innovation projects.
"The volume of the Fund's budgetary allocations for an
implementation of regional investment projects shall be determined by the
Government of the Russian Federation.
"67. To regional investment projects shall be referred the projects,
implemented on the territory of one subject of the Russian Federation. To
regional investment projects of interregional importance shall be
referred the projects, implemented on the territory of two and more
subjects of the Russian Federation.
"68. The procedure, laid down in the present Rules for granting the
Fund's budgetary allocations for an implementation of projects, shall be
applied towards regional investment projects with the specifics,
established in the present Chapter.
"69. The residual of the unused volume of the Fund's budgetary
allocations for an implementation of regional investment projects shall
be used in the following financial year in conformity with the budgetary
legislation of the Russian Federation.
"70. The responsible executor (responsible executors) of regional
investment projects are the higher executive power bodies of the subjects
of the Russian Federation, or the executive-directive body of the
municipal entity, on whose territory the regional investment projects are
implemented.
"71. The Fund's budgetary allocations for an implementation of
regional investment projects may be granted in the form, defined in
Subitem b) of Item 11 of the present Rules.
"72. The Fund's budgetary allocations for an implementation of
regional investment projects shall be granted under the condition that
the share of financing of a regional investment project on the part of
the investor (investors), taking part in an implementation of a regional
investment project, comprises not less than 50 per cent of the cost of
the regional investment project.
"If the Fund's budgetary allocations are granted for an
implementation of regional investment projects of interregional
importance, the term, established in the first paragraph of the present
Item, shall be observed for every subject of the Russian Federation, on
whose territory the corresponding regional investment project is
implemented.
"73. Regional investment projects shall be selected on the basis of
criteria, defined in Subitems a), b), d) and f) of Item 18 of the present
Rules, as well as on the ground of the following criteria:
"a) correspondence of the volume of financing of a regional
investment project at the expense of funds from the budget of the Russian
Federation to the minimum level of co-financing, defined in conformity
with the methodology for the calculation of indices and for an
application of the criteria of the efficiency of regional investment
projects;
"b) the cost of regional investment projects, established for the
receipt of the Fund's budgetary allocations, comprising at least 500
million roubles;
"c) correspondence of the regional investment project to the
strategy of the socio-economic development of the subject of the Russian
Federation, approved in the established order.
"74. The ultimate size of the Fund's budgetary allocations, which
may be granted in the course of one financial year for an implementation
of regional investment projects, shall be defined with respect to every
subject of the Russian Federation in conformity with the methodology for
the calculation of indices and for an application of the criteria of the
efficiency of regional investment projects.
"75. The regional investment projects, which have passed selection
on the basis of the criteria, mentioned in Item 73 of the present Rules,
are subject to selection on the basis of indices of the financial,
budgetary and economic efficiency (the quantity criteria).
"The indices of the financial efficiency of a regional investment
project are such indices, as the net reduced cost of the project
(characterises an excess of the total sum of monetary funds, derived by
all investors from an implementation of the project, including private
investors, over the summary expenditure with taking into consideration
discounting, and is defined as the accumulated discounted effect from an
implementation of the project over the accounting period) and as the
internal norm of the project's profitability (the discounting rate, at
which the net reduced cost of the project is equal to zero).
"The index of the budgetary efficiency of a regional investment
project is the ratio of the discounted tax incomings into the budgets of
the budgetary system of the Russian Federation, substantiated by its
implementation, to the volume of the Fund's budgetary allocations.
"The index of the economic efficiency of a regional investment
project is the volume of its contribution into the increment of the gross
regional product of the subject of the Russian Federation, on whose
territory the regional investment project is implemented.
"The procedure for the calculation of the said quantity criteria is
established by the methodology for the calculation of indices and for the
application of the criteria of the efficiency of regional investment
projects.
"76. A regional investment project shall be admitted for selection
if there is a positive conclusion of the investment consultant, in which
shall be reflected correspondence of the regional investment project to
the criterion of financial efficiency. The investment consultant, chosen
by the investor, shall have a rating, not lower than that of the Russian
Federation, awarded by one of such international rating agencies as the
Standard & Poors, the Moody's Investors Service and the Fitch Ratings.
"77. For obtaining the conclusion on a regional investment project,
the initiator, wishing to participate in the selection of regional
investment projects, shall direct to the higher executive power body of
the subject of the Russian Federation, on whose territory the regional
investment project is planned to be implemented, an application for being
granted the Fund's budgetary allocations (indicating the necessary volume
of the Fund's budgetary allocations with an account for the value added
tax in the prices, formed as in the state on January 1 of the year, when
the application is filed, as well as indicating the annual volumes of
financing of the regional investment project in the prices of the
corresponding years, with the substantiation of the need to implement the
project and with the indication of the principal results, expected from
its implementation.
"To this application shall be enclosed the documents, indicated in
Subitems b) - s) of Item 28 of the present Rules. The documents,
mentioned in Subitems b) - i) and m) - o) of Item 28 of the present
Rules, shall be submitted by the investors, participating in the regional
investment project.
"The said documents shall be submitted (in two copies) to the
Ministry of Regional Development of the Russian Federation by the higher
official of the subject of the Russian Federation, on whose territory it
is planned to implement the corresponding regional investment projects.
"78. For consideration shall be accepted an application and
documents, submitted in accordance with the established form and in full
volume, which are mentioned in Item 77 of the present Rules.
"79. Commercial organisations, planning to take part in a regional
investment project as investors, shall meet the demands, established in
Item 32 of the present Rules.
"80. The Ministry of Regional Development of the Russian Federation
shall check the authenticity of the documents the initiator has
submitted. Regional investment projects shall be selected by the
investment commission on the ground of:
"a) the conclusions on the regional investment project, submitted by
the investment consultants;
"b) the conclusion on the regional investment project, submitted by
the executive power body of the subject of the Russian Federation, on
whose territory this project is implemented;
"c) correspondence of the regional investment project to the
criteria of selection, pointed out in Item 73 of the present Rules;
"d) correspondence of the values of indices of the financial,
economic and budgetary efficiency of the regional investment project to
the ultimate values, defined in conformity with the methodology for the
calculation of indices and for an application of the criteria for the
efficiency of regional investment projects.
"81. After carrying out the selection of regional investment
projects, the following documents shall be formalised:
"a) the protocol of the session of the investment commission, in
which shall be reflected the results of the selection of regional
investment projects;
"b) the draft agreement between the responsible executor
(responsible executors) of a regional investment project and the Ministry
of Regional Development of the Russian Federation for granting the Fund's
budgetary allocations for an implementation of the regional investment
project. If in the framework of implementation of the regional investment
project it is supposed to create capital construction objects of the
municipal property, a party to the said agreement shall also be the chief
disposer of funds from the budget of the subject of the Russian
Federation, to which the Fund's budgetary allocations are granted for the
issue of the corresponding subsidies to the local budgets;
"c) the draft investment agreement between the responsible executor
(responsible executors) and the investor (investors), formalised in
conformity with the demands, established in the present Rules;
"d) the conclusion of the Ministry of Regional Development of the
Russian Federation on the efficiency of the use of funds from the federal
budget, directed towards capital investments. The value of the index of
budgetary efficiency, defined in accordance with Item 75 of the present
Rules, shall be equated to the value of the index of efficiency of the
use of funds from the federal budget, directed towards capital
investments;
"e) the passport of a regional investment project, formalised in
accordance with the demands of the present Rules.
"82. The transfer of the Fund's budgetary allocations for an
implementation of regional investment projects to the budgets of the
subjects of the Russian Federation shall be effected in the established
order after the entry into force of the Order of the Government of the
Russian Federation on the approval of the passport of the regional
investment project and after the conclusion of the agreement, mentioned
in Subitem b) of Item 81 of the present Rules, onto the account of the
territorial bodies of the Federal Treasury, opened for the cash servicing
of the execution of the budgets of the subjects of the Russian
Federation, within the limits of the budgetary liabilities and of the
ultimate volumes of financing, stipulated for the Ministry of Regional
Development of the Russian Federation.
"83. The higher executive bodies of state power of the subjects of
the Russian Federation, which are the responsible executors of regional
investment projects, shall conclude investment agreements with the
investors, taking part in an implementation of regional investment
projects, within thirty days as from the day of transfer of the Fund's
budgetary allocations.
"84. The authorised executive power bodies of the subjects of the
Russian Federation shall submit to the Ministry of Regional Development
of the Russian Federation reports on the expenditures of the budgets of
the subjects of the Russian Federation, the source for whose financial
provision are the Fund's budgetary allocations, in accordance with the
procedure and within the time terms, established in the agreement between
the responsible executor (responsible executors) of the regional
investment project and the Ministry of Regional Development of the
Russian Federation for granting the Fund's budgetary allocations for an
implementation of the regional investment project.
"85. Applications for granting the Fund's budgetary allocations with
an account for the demands of the methodology for the calculation of
indices and for the application of the criteria of the efficiency of
regional investment projects shall be directed to the Ministry of
Regional Development of the Russian Federation not later than on
September 1 of the corresponding financial year.
"If the said applications are filed with respect to regional
investment projects of interregional importance, they shall be presented
simultaneously with the copies of agreements between the higher state
power bodies of the subjects of the Russian Federation, on whose
territory the regional investment projects are implemented.
"86. The government commission shall consider the applications for
being granted the Fund's budgetary allocations, approved by the
investment commission, and shall adopt the decision with respect to all
such applications not later than on December 1 of the corresponding
financial year.
"87. If an application for being granted the Fund's budgetary
allocations is submitted with respect to a regional investment project of
interregional importance, the ultimate volume of the Fund's budgetary
allocations may be redistributed among the corresponding subjects of the
Russian Federation, on whose territory the regional investment project is
implemented.".
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