FEDERAL LAW NO. 244-FZ OF SEPTEMBER 28, 2010
ON THE INNOVATION CENTRE SKOLKOVO
Adopted by the State Duma on September 21, 2010 Endorsed by the Federation Council on September 22, 2010
Chapter 1. General Provisions
Article 1. The Scope of this Federal Law
1. This Federal Law regulates the relations arising in the implementation of the project involving the creation and maintenance of a geographically separate complex (the innovation centre Skolkovo), as well as the life support on the territory thereof.
2. The project involving the creation and maintenance of the innovation centre Skolkovo (hereinafter referred to as the project) shall be implemented for the purpose of expansion of scientific research works, developments and commercialization of their results along the guidelines cited in Part 8 of Article 10 of this Federal Law.
3. To the relations which are not regulated by this Federal Law shall apply the legislation of the Russian Federation.
Article 2. Basic Concepts Used in this Federal Law For the purposes of this Federal Law, the following basic concepts are used therein: 1) the project meaning the totality of activities aimed at attaining the aim of the
creation and maintenance of the innovation centre Skolkovo; 2) the innovation centre Skolkovo meaning the totality of infrastructure items on the
territory of the innovation centre Skolkovo and of the procedures for interaction of the persons participating in the project's implementation, in particular by way of using this infrastructure (hereinafter referred to as the Centre);
3) the Centre's territory meaning the land plots within the boundaries of the territory intended for the project's implementation and defined in the procedure established by the President of the Russian Federation which are under ownership of the management company;
4) the infrastructure of the Centre's territory meaning the totality of the Centre's territory, as well as of buildings, structures, constructions and other facilities, including the public infrastructure facilities (hereinafter referred to as the property making up the infrastructure of the Centre's territory) located on the Centre's territory;
5) the management company meaning the Russian legal entity with is entrusted with the project's implementation in the procedure established by the President of the Russian Federation;
6) a branch company of the management company meaning an economic company established by the management company solely for the purpose of exercising a part of the management company's functions in compliance with this Federal Law;
7) management companies meaning the management company and branch companies of the management company;
8) a project participant meaning a Russian legal entity that has been established solely for the purpose of exercising scientific research activities in compliance with this Federal Law and has obtained the status of a project participant in compliance with this Federal Law;
9) scientific research activities meaning the implementation by a project participant of scientific research works, developments and commercialization of their results along the
guidelines defined in compliance with this Federal Law, as well as of other kinds of activities required for the implementation of scientific research works, developments and commercialization of their results;
10) a person participating in the project's implementation meaning the management company, a branch company of the management company, the project participant, other legal entity or individual businessman exercising the activities involved in the project's implementation on the basis of transactions made with the management company, a branch company of the management company or a project participant, except for a state power body or a local authority, as well as a natural person exercising labour activities on the Centre's territory;
11) the project rules meaning the totality of rights and duties of the persons participating in the project's implementation which are endorsed by the management company in compliance with this Federal Law for the purpose of creating procedures for interaction of the persons participating in the project's implementation and whose availability and observance are the obligatory conditions of exercising by the cited persons their activities.
Chapter 2. The Infrastructure of the Centre's Territory
Article 3. The Centre's Territory
1. The management company shall have the land plots within the boundaries of the Centre's territory under ownership thereof.
2. It is not allowed to dispose of the land plots which are within the boundaries of the Centre's territory, in particular by way of their alienation and charging, except when they are let on lease by the management company to the persons participating in the project's implementation. With this, the cited land plots may not be let on sublease.
3. The land plots within the boundaries of the Centre's territory may be only let on lease to the person participating in the project's implementation for the purpose of their sale.
4. The management company is entitled to establish special conditions of letting the land plots within the boundaries of the Centre's territory on lease to the persons participating in the project's implementation, depending on such participation's significance.
5. A procedure for and terms of letting the land plots within the boundaries of the Centre's territory on lease to the persons participating in the project's implementation, as well as a procedure for using the cited land plots, shall be established by the project rules subject to the provisions of this article.
Article 4. The Property Constituting the Infrastructure of the Centre's Territory 1. The property constituting the infrastructure of the Centre's territory may be only
used for the purpose of ensuring the project's implementation. 2. The management company shall have under its ownership the residential premises
forming part of the infrastructure of the Centre's territory. 3. The management company is not entitled to dispose of the residential premises
forming part of the infrastructure of the Centre's territory, in particular by way of their alienation and charging, except when they are let on lease or hire to the persons participating in the project's implementation without the right to subsequent letting the cited residential premises on sublease or to their subsequent letting on hire or under-tenancy.
4. The restriction as to letting residential premises on sublease or hire established by Part 3 of this article shall not extend to letting residential premises on lease to branch companies of the management company for the purpose of their subsequent letting on lease
or hire to the persons participating in the project's implementation without the right of subsequent letting of the cited residential premises on sublease or their subsequent letting on hire or under-tenancy.
5. The terms of and procedure for letting residential premises on lease, sublease or on hire shall be established by the management company.
6. The management company is entitled to establish special conditions of granting the property forming part of the infrastructure of the Centre's territory to the persons participating in the project's implementation, depending on the significance of such participation.
7. A procedure for and terms of using the property forming part of the infrastructure of the Centre's territory shall be established by the project's rules subject to the provisions of this article.
Article 5. Maintenance of the Infrastructure of the Centre's Territory and Life Support on It
1. For the purpose of maintaining the infrastructure of the Centre's territory and life support on it the management company shall make the following actions:
1) prepare the documents which in compliance with this Federal Law shall be applied instead of the general plan of the settlement, land use and building rules, as well as the land planning documentation on the basis of such documents;
2) endorse the documents which in compliance with this Federal Law shall be applied instead of the general plan of the settlement, land use and building rules, as well as the land planning documentation on the basis of such documents, issue construction permits, permits to put facilities into operation when carrying out construction, reconstruction and overhaul of the capital construction units located on the Centre's territory;
3) name streets, squares and other objects on the Centre's territory where citizens reside and number houses;
4) arrange streets' lighting, installation of pointers with streets' denomination and house numbers;
5) issue permits to conditionally allowed kinds of the use of land or capital construction items;
6) endorse the form of the town-planning design of a land plot; 7) conduct an expert examination of the project documentation of capital construction
items and of the results of engineering survey works carried out for the purpose of preparing such project documentation;
8) coordinate the installation of advertising structures on the Centre's territory and render decision on dismantling advertising structures installed without authorization to do it;
9) arrange the construction and operation of motor roads; 10) arrange the creation and operation the infrastructure units located on the Centre's
territory; 11) create conditions for rendering transport services to the population and arrange
rendering of transport services to the population; 12) organize the supply of electric power, heating, gas and water to the population, as
well as water removal and fuel supply to the population; 13) arrange the collection and removal of solid waste and garbage, as well as the
improvement and forestry of the Centre's territory; 14) create conditions for rendering to the population the services involved in providing
communications, catering, trade and domestic amenities, as well as for leisure activities; 15) organize the construction of residential premises and their maintenance; 16) provide residential premises, define the grounds and procedure for eviction from
residential premises;
17) organise preschool, primary general, basic general and secondary (full) general education by way of establishing, and arranging the establishment of, non-governmental educational institutions;
18) issue permits to educational activities; 19) endorse the rules for exercising educational activities; 20) arrange rendering of medical aid within the framework of the private health care
system; 21) issue permits to render medical aid; 22) endorse the rules for exercising medical activities. 2. The management company shall exercise the activities cited in Part 1 of this article
independently or attracting third person, if not otherwise provided for by this article. 3. The management company is not entitled to entrust third persons with the exercise
of the functions cited in Items 2, 3, 5-8, 18, 19, 21 and 22 of Part 1 of this article or in any other way to assign to third persons the right to exercise them.
4. The financial support to the activities cited in Part 1 of this article shall be provided on account of the management company's own funds, own funds of the management company's branch companies, the federal budget assets, as well as on account of other sources in compliance with the legislation of the Russian Federation.
Chapter 3. The Specifics of Exercising Activities by the Persons Participating in the Project's Implementation
Article 6. General Terms of Exercising Activities by the Persons Participating on the Project's Implementation
1. The persons participating in the project's implementation shall exercise their activities in compliance with the legislation of the Russian Federation, this Federal Law and the project rules.
2. The activities of the persons participating in the project's implementation must correspond to its goals.
3. Control over correspondence of the activities of the persons participating in the project's implementation to the goals thereof shall be exercised by the management company in compliance with this Federal Law.
Article 7. The Project Rules 1. The project rules shall be developed and endorsed by the management company,
shall be deemed public information and a mandatory condition of exercising activities by the persons participating in the project's implementation. As the project rules shall be deemed, in particular, the rules for exercising some kinds of activities established by this Federal Law or in compliance with it.
2. The project rules must not be at variance with the legislation of the Russian Federation and shall be applied solely to the activities which are connected with the project's implementation and/or are exercised on the Centre's territory.
3. The project rules shall become the terms and conditions of transactions made by the persons participating in the project's implementation for the purpose of ensuring its implementation from the time when such transactions are made.
4. Control over the observance of the project rules shall be exercised by the management company in compliance with this Federal Law.
5. The project rules shall be inserted in the management company's Internet site.
6. Persons infringing the project rules shall forfeit the right to participation in the project's implementation in the procedure established by the management company.
Article 8. The Specifics of the Management Company's Activities
1. The specifics of the management company's activities shall be established by this Federal Law, decisions of the President of the Russian Federation and its constituent documents. The management company's constituent documents shall be amended by approbation of the Commission for Modernisation and Technological Development of Russia under the President of the Russian Federation.
2. For the purpose of project's implementation the management company shall exercise the following basic functions:
1) general organizational guidance and coordination of the activities involved in the project's implementation, including the following:
a) endorsement of the documents containing the project rules and ensurance of their observance;
b) endorsement of other documents required for exercising the functions of the management company;
c) ensuring interaction of the persons participating in the project's implementation between themselves and with state power bodies, local authorities and other organisations;
2) maintaining the infrastructure of the Centre's territory; 3) arranging scientific research activities and promoting their exercise, in particular: a) adopting decisions on granting the status of a project participant or on deprivation of
it; b) keeping a register of project participants and presenting the documents proving the
status of a project participant to the state power bodies and local authorities, as well as to the bodies exercising control over the correctness of computation, completeness and timeliness of payment (remittance) of insurance contributions to state off-budget funds (hereinafter referred to as the bodies exercising control over payment of insurance contributions);
c) arranging the provision to project participants of the services required for the exercise of appropriate activities (in particular, legal and accounting services), as well as for the state registration of intellectual activities' results created by project participants while exercising scientific research activities;
d) providing, or organizing the provision of, customs broker's (representative's) services to the persons participating in the project's implementation;
e) making possible for project participants to use the infrastructure of the Centre's territory on easy terms;
4) presenting the documents which are required for reimbursement in compliance with this Federal Law of the outlays of the persons participating in the project's implementation on making customs payments;
5) exercising other functions provided for by this Federal Law, decisions of the President of the Russian Federation and the charter of the management company.
3. The management company shall exercise the functions cited in Part 2 of this article independently or attracting third persons, if not otherwise provided for by this article.
4. The management company shall entrust the management company's branch companies with the exercise of its functions or in some other way transfer thereto the right to it in the procedure and under the terms which are established by Article 9 of this Federal Law.
5. The management company is not entitled to entrust third persons with the exercise of the functions cited in the subitems (a) and (b) of Item 1, the subitems (a) and (b) of Item 3 and in Item 4 of Part 2 of this article or to transfer in any other way the right to exercise them
to third persons. 6. The management company is entitled to entrust with the exercise of the functions
cited in the subitem (d) of Item 3 of Part 2 of this article and in Item 16 of Part 1 of Article 5 of this Federal Law solely the management company's branch company.
7. In the event of transfer by the management company to third persons the right to exercise some functions involved in the project's implementation, the provisions of this Federal Law regulating the activities of the management company as to the exercise of appropriate functions shall apply to these persons' activities.
8. To present information to state power bodies and local authorities, as well as to the bodies exercising control over payment of insurance contributions, the management company shall devise special blank forms which shall be strict accountability forms subject to registration with the federal executive power body exercising the functions involved in the formulation and implementation of the state policy and normative legal regulation in respect of registration of non-profit organisations.
9. Financial support to the activities of the management company shall be rendered on account of its own funds, federal budget funds, as well as on account of other sources in compliance with the legislation of the Russian Federation.
10. The management company is obliged to insert a report on its activities in the Internet on an annual basis.
Article 9. The Specifics of Activities of the Management Company's Branch Companies
1. The management company is entitled to entrust its branch companies with the exercise of some functions involved in the project 's implementation or to transfer in some other way to these companies the right to exercise them, provided that the following conditions are met:
1) the management company's branch company has been established by the management company solely for the purpose of exercising the functions involved in the project's implementation that have been transferred to it;
2) the management company possesses a hundred percent of the stocks (shares) in the authorised capital of the management company's branch company;
3) the management company's branch company does not exercise activities which are not connected with the project's implementation.
2. In the event of transfer to the management company's branch company of some functions involved in the project's implementation, the provisions of this Federal Law regulating the management company's activities involved in the exercise of appropriate functions shall apply to the activities of this company.
Article 10. The Specifics of the Activities Exercised by Project Participants 1. A legal entity shall acquire the status of a project participant from the date of
inclusion thereof in the register of project participants. A decision on including a legal entity in the register of project participants shall be adopted in the procedure endorsed by the management company.
2. A decision on inclusion of a legal entity in the register of project participants may be adopted if the following conditions are concurrently met:
1) the legal entity has been established in compliance with the legislation of the Russian Federation;
GARANT system comment
Item 2 of Part 2 of Article 10 of this Federal Law shall enter into force from January 1, 2014
2) the standing executive body of the legal entity, as well as other bodies or persons authorized to act on behalf of the legal entity without a letter of attorney, are permanently located on the Centre's territory;
3) the legal entity's constituent documents permit the exercise by it of scientific research activities in compliance with this Federal Law;
4) the legal entity undertakes to exercise scientific research activities in compliance with this Federal Law and to follow the project rules.
3. The management company may establish additional conditions which are not provided for by Part 2 of this article and whose observance is mandatory for inclusion of a legal entity in the register of project participants. Management companies may not act as founders (participants) of a project participant.
4. A legal entity shall lose the status of a project participant upon the expiry of ten years as from the date when the legal entity is included in the register of project participants or as from the date of preschedule exclusion of the legal entity from the register of project participants, liquidation or re-organisation of the legal entity in compliance with the legislation of the Russian Federation (except for re-organisation in the form of transformation or merger when each legal entity participating in the merger has the status of a project participant on the date of the state registration of the legal successor of the legal entities to be re- organised). A decision on preschedule exclusion of a legal entity from the register of project participants shall be adopted in the procedure endorsed by the management company.
5. A decision on preschedule exclusion of a legal entity from the register of project participants shall be adopted in the following cases:
1) a project participant's failure to follow the project rules; 2) a project participant's failure to satisfy the requirements of this Federal Law; 3) a project participant's refusal to participate in the project. 6. A procedure for keeping the register of project participants and forms of the
documents to be filed with state power bodies, local authorities, as well as with the bodies exercising control over payment of insurance contributions, for proving the status of a project participant shall be devised and endorsed by the management company.
7. A project participant shall exercise scientific research activities in the procedure and under the terms which are defined by the management company in compliance with this Federal Law.
8. Scientific research activities shall be exercised along the following guidelines: 1) energy efficiency and energy saving, in particular the development of innovative
energy technologies; 2) nuclear power technologies; 3) space technologies, primarily as regards telecommunication and navigation
systems (in particular, the creation of the appropriate land infrastructure); 4) medical technologies, as regards the development of equipment and medicines; 5) strategic computer technologies and software. 9. For the purposes of this Federal Law, the activities contravening the project's goals,
project rules and the requirements of this Federal Law shall not be deemed scientific research activities. The exercise by a project participant of the activities which are not recognized as scientific research activities shall be deemed a violation of the project rules.
10. The management company shall independently exercise control over the compliance of scientific research activities with the project goals, project rules and the requirements of this Federal Law.
Chapter 4. The Specifics of Regulating Individual Relations While Implementing the
Project
Article 11. Reimbursement of Outlays on Making Customs Payments
1. The management company is entitled to render to the legal entities and individual businessmen participating in the project's implementation customs broker's (representative's) services in respect of the commodities (except for excisable commodities) imported for the purpose of their use in construction, equipping and technical fitting out of immovable property items on the Centre's territory or required for exercising scientific research activities on the Centre's territory.
2. In the event of rendering the services cited in Part 1 of this article, customs payments shall be made in respect of the commodities (except for excisable commodities) imported for the purpose of their use in construction, equipping and technical fitting out of immovable property items on the Centre's territory or required for exercising scientific research activities on the Centre's territory by the management company on behalf and on the instructions of the legal entities and individual businessmen which are the persons participating in the project's implementation.
3. In the event of rendering the services cited in Part 1 of this article, the outlays of the legal entities and individual businessmen which are the persons participating in the project's implementation on payment of customs duties in respect of commodities (except for excisable commodities) imported for the purpose of their use in construction, equipping and technical fitting out of immovable property items on the Centre's territory or required for exercising scientific research activities on the Centre's territory shall be reimbursed to such persons in the form of subsidies by way of their remittance to the management company in the procedure established by the budget legislation of the Russian Federation, provided that the management company presents to the authorized federal executive power body a confirmation in writing containing data on the nomenclature, quantity and cost of imported commodities and on the organizations that are engaged in importation and declaring of such commodities.
4. In the event of rendering the services cited in Part 1 of this article, the outlays of the persons participating in the project's implementation on payment of value-added tax when importing commodities (except for excisable commodities) for their use in construction, equipping and technical fitting out of immovable property items on the Centre's territory or those whose availability is required for exercising scientific research activities on the Centre's territory shall be reimbursed to these persons in the form of subsidies by way of their remittance to the management company in the procedure established by the budget legislation of the Russian Federation, in particular, if such persons are relived of a taxpayer's duties involved in paying value-added tax in compliance with Article 145.1 of the Tax Code of the Russian Federation, provided that the management company presents to the authorized federal executive power body a confirmation in writing containing data on the nomenclature, quantity, cost of imported commodities and on the organizations that are engaged in these commodities' importation and declaring.
5. The management company shall register the documents cited in Parts 3 and 4 of this article in the procedure approved by the management company and shall present them to the authorized federal executive power body.
Article 12. The Specifics of Placing and Distributing Advertisement on the Centre's Territory
1. The distribution of outdoor advertisement on the Centre's territory with the use of screens, billboards, construction lathing, strings, electronic scoreboards, air-balloons, aerostatic balloons and other technical facilities used for stable outdoor placement of
advertisement which are installed and located on outer walls, roofs and other structural components of buildings, constructions and structures or outside them, halting points of transport vehicles (hereinafter referred to as the installation of advertising structures) shall be allowed in the procedure established by the legislation of the Russian Federation on advertising and if it is coordinated in writing with the management company.
2. The installation of advertising structures without its coordination with the management company (unauthorized installation) is not permitted. Should advertising structures be installed without proper authorization, they are subject to dismantling on the basis of the management company's decision.
3. Advertising structures installed without proper authorization shall be dismantled at the expense of the person that has installed them or, if it is impossible to detect this person, at the expense of the owner of the land plot, building or other immovable property item, which this advertising structure is attached to, or at the expense of the person authorized by such property's owner, including the leaseholder.
4. A procedure for coordinating the installation of advertising structures on the Centre's territory and a procedure for adoption of decisions on dismantling advertising structures installed without proper authorization shall be established by the management company.
5. Advertising structures and their placement on the Centre's territory must satisfy the requirements of appropriate technical regulations subject to the specifics provided for by this Federal Law.
Article 13. The Specifics of Technical Regulation on the Centre's Territory
1. Activities shall be exercised on the Centre's territory with the observance of safety requirements, in particular of the requirements for fire safety, for products and for the processes of design (including survey works), production, construction, installation, adjustment, operation, storage, transportation, sale and utilization connected with them, as regards satisfaction of the requirements of appropriate technical regulations, provisions of standards, codes or, pending their entry into force, of regulatory legal acts of the Russian Federation and regulatory documents of federal executive power bodies, except as provided for by this article.
2. In respect of products and the processes of design (including survey works), production, construction, installation, adjustment, operation, storage, transportation, sale and utilization connected with the requirements for them used on the Centre's territory may be applied, instead of individual safety requirements contained in technical regulations, provisions of standards, codes or, pending their entry into force, in regulatory legal acts of the Russian Federation and regulatory documents of the federal executive power bodies, or, in the absence of the cited requirements and provisions, the technical regulations or the requirements contained in technical regulations or documents of member states of the Customs Union within the framework of the Eurasian Economic Community or of member states of the Organisation of Economic Cooperation and Development.
3. A decision on applying on the Centre's territory the regulations or requirements cited in Part 2 of this article shall be adopted by the management company. When adopting such decision, the management company is entitled to define the specifics of applying the cited regulations or requirements on the Centre's territory.
4. The decision cited in Part 3 of this article shall be forwarded by the management company to the federal executive power body authorized to exercise the functions involved in rendering the state services in respect technical regulation and measurement assurance and shall be inserted in the management company's Internet site.
5. The safety requirements provided for by the management company's decision shall apply on the Centre's territory as from the date when this decision is forwarded to the federal
executive power body cited in Part 4 of this article. 6. In the cases provided for by Part 2 of this article, an obligatory conformity
evaluation, except for the state control (supervision), shall not be made. The state control (supervision) in the cited cases shall be exercised subject to the provisions of Part 7 of this article.
7. In the cases cited in Part 2 of this article, as the object of the state control (supervision) shall be deemed checking of compliance with the safety requirements for the products and for the processes of design (including survey works), production, construction, installation, adjustment, operation, storage, transportation, sale and utilization connected with them which are established subject to the provisions of this article.
8. The effects of non-observance of the requirements provided for by this article shall be defined in compliance with Article 18 of this Federal Law.
Article 14. The Specifics of Ensuring the Population's Sanitary-and-Epidemiological
Welfare on the Centre's Territory 1. The activities on the Centre's territory shall be exercised subject to the requirements
established by sanitary-and-epidemiological rules and normative standards, in particular subject to the requirements which are not included in technical regulations, except as provided for by this article.
2. On the Centre's territory may be applied the sanitary-and-epidemiological rules and normative standards or the requirements contained in sanitary-and-epidemiological regulations or documents of member states of the Customs Union within the framework of the Eurasian Economic Community or of member states of the Organisation of Economic Cooperation and Development, subject to the conditions provided for by this article.
3. The application of the sanitary-and-epidemiological rules and normative standards or of the requirements cited in Part 2 of this article must ensure that there are no harmful environmental factors on the Centre's territory and in the area adjacent thereto. The safety criteria established by the cited rules and normative standards must not be less strict than those established by the legislation of the Russian Federation and/or international standards.
4. A decision on application on the Centre's territory of the rules and normative standards or of the requirements cited in Part 2 of this article shall be adopted by the management company. When adopting such decision, the management company is entitled to define the specifics of application of these rules and normative standards or requirements on the Centre's territory.
5. The decision cited in Part 4 of this article shall be forwarded by the management company to the federal executive power body authorized to exercise the functions involved in the exercise of control and supervision as regards ensuring sanitary-and-epidemiological welfare of the population, as well as shall be inserted in the Internet site of the management company.
6. The sanitary-and-epidemiological requirements provided for by the management company's decision shall apply on the Centre's territory from the date when such requirements are forwarded to the federal executive power body cited in Part 5 of this article.
7. Where it is provided for by Part 2 of this article, as the object of the state control (supervision) as regards ensuring sanitary-and-epidemiological welfare of the population shall be deemed checking the satisfaction of the sanitary-and-epidemiological requirements established subject to the provisions of this article.
8. The effect of non-observance of the requirements provided for by this article shall be defined in compliance with Article 18 of this Federal Law.
Article 15. The Specifics of Regulating Town-Planning Activity on the Centre's
Territory 1. The settlement's general plan and the rules for land use and development of a
settlement shall not be prepared and endorsed in respect of the Centre's territory, and a special document shall be endorsed in the procedure established by this article which contains the data to be included in the settlement's general plan in compliance with the legislation on town-planning activity (hereinafter referred to as the Centre's general plan), as well as a special document containing the data to be included in the rules for land use and development of a settlement (hereinafter referred to as the Centre's rules for land use and development).
2. For the purpose of satisfying the requirements of the legislation on town-planning activity, the Centre's general plan and the Centre's rules for land use and development shall apply to the Centre's territory.
3. The settlement's general plan and the rules for land use and development of a settlement shall be drawn up and endorsed as a self-standing document in compliance with the legislation on town-planning activity solely as applied to the area that do not pertain to the Centre's territory.
4. The Centre's general plan shall be prepared by the management company. 5. The Centre's draft general plan shall not be coordinated with the state power bodies
and local authorities. 6. Public hearings in respect of the Centre's draft general plan shall not be held. 7. The Centre's general plan shall be endorsed by the management company. 8. The Centre's general plan shall be amended in the procedure established by Parts
1, 2 and 4-7 of this article. 9. The Centre's rules for land use and development shall be prepared by the
management company. In so doing, the provisions of Parts 5-17 of Article 31 of the Town- Planning Code of the Russian Federation shall not apply.
10. Public hearings in respect of the Centre's draft rules for land use and development shall not be held.
11. The Centre's rules for land use and development shall be endorsed by the management company.
12. The Centre's rules for land use and development shall be amended in the procedure established by Parts 9-11 of this article.
13. The operation of the town-planning regulations established by the Centre's rules for land use and development shall equally extend to all the land plots and capital construction units located within the boundaries of the territorial zones for which such town- planning regulations are established.
14. The permit to a conditionally allowed kind of using a land plot or capital construction unit shall be granted and the permit to deviate from the limit parameters of permitted construction and re-construction of capital construction units established by the rules for land use and development of the Centre shall be obtained in the procedure established by the cited rules for land use and development.
15. The land planning documentation in respect of the Centre's territory shall be prepared by the management company. With this, the decision of the settlement's local authorities as to the preparation of land planning documentation is not required.
16. Public hearing in respect of the site planning and land surveying of the Centre's territory shall not be held.
17. The documentation concerning the site planning of the Centre's territory shall be endorsed by the management company.
18. The form of the town-planning design of a land plot shall be established by the management company.
19. The Government of the Russian Federation may establish the following on the Centre's territory:
1) specifics of providing engineering specifications, fixing the rate of payment for technological connection, specifics of technological connection to electric network facilities and energy receiving equipment of electric energy consumers;
2) specifics of providing engineering specifications, fixing the rate of payment for connection and specifics of connecting a capital construction unit to the systems of heat, gas and water supply.
20. The Centre's general plan, the Centre's rules for land use and development, the land planning documentation and project documentation in respect of the Centre's territory shall be prepared, capital construction units on the Centre's territory shall be constructed, re- constructed and overhauled and the buildings and structures erected on the Centre's territory shall be operated in compliance with the requirements of technical regulations or the requirements contained in technical regulations or documents of member states of the Customs Union within the framework of the Eurasian Economic Community or of member states of the Organisation of Economic Cooperation and Development, subject to the provisions contained in Article 13 of this Federal Law, as well as in compliance with the sanitary-and-epidemiological rules and normative standards or the requirements contained in sanitary-and-epidemiological regulations or documents of member states of the Customs Union within the framework of the Eurasian Economic Community or of member states of the Organisation of Economic Cooperation and Development, subject to the provisions provided for by Article 14 of this Federal Law.
21. The project documentation for the capital construction units which are to be constructed, reconstructed or overhauled on the Centre's territory and the results of the engineering survey works carried out for such project documentation's preparation are not subject to a state expert examination.
22. The state construction supervision over construction, reconstruction and overhaul of capital construction units on the Centre's territory shall not be exercised.
23. The management company shall carry out an expert examination of the project documentation for the capital construction units which are to be constructed, reconstructed or overhauled on the Centre's territory and the results of the engineering survey works carried out for such project documentation's preparation, exercise supervision over construction, re- construction and overhaul of the cited units, issue construction permits and those to put such units into operation. The form of a construction permit and the form of a permit to put the units into operation shall be endorsed by the management company.
24. When exercising the state control (supervision) in the course of operation of buildings and structures, shall be applied the requirements of technical regulations and the requirements contained in technical regulations or documents of member states of the Customs Union within the framework of the Eurasian Economic Community or of member states of the Organisation of Economic Cooperation and Development, subject to the provisions stipulated by Article 13 of this Federal Law, as well as the sanitary-and- epidemiological rules and normative standards or the requirements contained in sanitary- and-epidemiological regulations or documents of member states of the Customs Union within the framework of the Eurasian Economic Community or of member states of the Organisation of Economic Cooperation and Development, subject to the provisions provided for by Article 14 of this Federal Law.
25. Failure to satisfy the requirements provided for by this article shall entail the liability in compliance with the legislation of the Russian Federation.
Article 16. The Specifics of Attracting Foreign Citizens to Labour Activities for the
Purpose of the Project Implementation 1. The legal entities participating in the project's implementation (hereinafter referred
to as employers) shall attract and use foreign citizens for exercising labour activities for the purpose of the project's implementation in the procedure and under the terms which are provided for appropriate categories of foreign citizens by Federal Law No. 115-FZ of July 25, 2002 on the Legal Position of Foreign Citizens in the Russian Federation (hereinafter referred to as the Federal Law on the Legal Position of Foreign Citizens in the Russian Federation), except for the following conditions:
1) it is not necessary for an employer to obtain permits to attract and use foreign workers;
2) invitations to enter the Russian Federation for the purpose of exercising labour activities, as well as work permits, shall be issued to foreign citizens without taking into account quotas for their issuance established by the Government of the Russian Federation in compliance with the Federal Law on the Legal Position of Foreign Citizens in the Russian Federation;
3) invitations to enter the Russian Federation for the purpose of exercising labour activities (where it is necessary to formalise such invitations) and work permits for foreign citizens shall be formalized through the management company or a branch company of the management company.
2. The works permits shall be issued to foreign citizens attracted for exercising labour activities for the purpose of the project's implementation for the validity term of the labour contract or civil law contract of carrying out works (rendering services) made with such foreign citizens but at most for three years since a foreign citizen's entry to the Russian Federation with the possibility of its subsequent multiple extension for a term up three years. The cited work permits shall only entitle foreign citizens to exercise labour activities for the purpose of the project implementation.
3. Adult family members of highly-qualified specialists attracted for exercising labour activities for the purpose of the project's implementation are entitled to obtain labour permits without taking into account the quotas for such permits' issuance established by the Government of the Russian Federation in compliance with the Federal Law on the Legal Position of Foreign Citizens in the Russian Federation. The time period for which a work permit is issued to family members of a highly qualified specialist or extended may not exceed the validity term of the work permit issued to such highly-qualified specialist.
4. The form of the work permit to be issued to foreign citizens attracted to and used for labour activities for the purpose of the project's implementation shall be established by the federal executive power body authorized to exercise the functions of control and supervision in respect of migration.
Article 17. The Specifics of Exercising Medical Activities and Educational Activities on the Centre's Territory
1. Medical activities on the Centre's territory shall be exercised by medical institutions and other organisations forming part of the private health care system without the obtainment by them of licences for the exercise of appropriate kinds of activities.
2. Educational activities on the Centre's territory shall be exercised by non- governmental educational institutions without the obtainment by them of licences for the exercise of appropriate kinds of activities and the state accreditation.
3. Medical activities and educational activities shall be exercised on the Centre's territory by the organisations cited in Parts 1 and 2 of this article on the basis of the permits issued by the management company.
4. A procedure and grounds for issuance and cancellation of the permits cited in Part 3
of this article and forms of the documents to be presented to the state power bodies, local self-government bodies, as well as to the bodies exercising control over payment of insurance contributions, for proving the status of the medical organisations and educational institutions cited in Parts 1 and 2 of this article shall be prepared and endorsed by the management company.
5. The rules for exercising medical activities and educational activities by the organisations cited in Parts 1 and 2 of this article shall be devised and endorsed by the management company or, if third persons are attracted for development of these rules, shall be endorsed by the management company. The requirements for medical activities and for educational activities endorsed by the management company must not be less strict than the requirements established by the legislation of the Russian Federation and/or by international standards with respect to an appropriate kind of activities.
6. The rules cited in Part 5 of this article and endorsed by the management company shall be forwarded by the management company to the federal executive power body authorized to exercise the functions of control and supervision in an appropriate field, as well as shall be inserted in the management company's Internet site.
7. The rules cited in Part 5 of this article shall be applied on the Centre's territory from the date when they are forwarded to the federal executive power body cited in Part 6 of this article.
8. As the object of the state control (supervision) with respect to medical activities and educational activities shall be deemed checking the observance of the rules established subject to the provisions of this article.
9. When exercising medical activities and educational activities, the organizations cited in Parts 1 and 2 shall enjoy all the rights granted to organizations that have obtained appropriate licences and the state accreditation in compliance with the legislation of the Russian Federation. The documents issued by the organizations cited in Parts 1 and 2 of this article shall be equated to the documents issued by organizations that have obtained appropriate licences and the state accreditation in compliance with the legislation of the Russian Federation.
10. The effects of non-observance of the rules provided for by this article shall be defined in compliance with Article 18 of this Federal Law.
Article 18. Civil Law, Administrative and Criminal Liability 1. Failure of the persons participating in the project's implementation to follow the
sanitary-and-epidemiological rules and to satisfy normative standards, fire safety requirements, requirements for town-planning activity, requirements for placement and distribution of advertising, requirements for objects of technical regulations, rules for exercising medical activities and educational activities established and/or applied on the Centre's territory in compliance with this Federal Law shall be deemed a breach of an appropriate legislation of the Russian Federation and shall entail civil law, administrative or criminal liability in compliance with the legislation of the Russian Federation.
2. The adoption by the management company of decisions on applying on the Centre's territory the requirements in the field of ensuring sanitary-and-epidemiological welfare of the population, town-planning activity, fire safety and technical regulation, the endorsement of a procedure for coordinating the installation of advertising structures on the Centre's territory, a procedure for adoption of decisions on dismantling of advertising structures installed without authorization, the rules for exercising medical activities and educational activities whose observance has caused harm to human life or health and/or material damage shall be deemed a breach of an appropriate legislation of the Russian Federation and shall entail civil law, administrative and criminal liability in compliance with the
legislation of the Russian Federation. 3. The management company is obliged to endorse a list of the management
company's employees directly exercising control over the observance of the requirements and rules cited in this article.
Chapter 5. The Specifics of Exercising the Authority of State Power Bodies, Self- Government Bodies and Bodies Exercising Control over Payment of Insurance
Contributions on the Centre's Territory
Article 19. The Exercise of Authority by Federal Executive Power Bodies and Bodies
Exercising Control over Payment of Insurance Contributions on the Centre's Territory
1. The federal executive power bodies and bodies exercising control over payment of insurance contributions shall exercise their authority on the Centre's territory in compliance with the legislation of the Russian Federation subject to the provisions of this Federal Law.
2. The authority of the federal state power bodies and bodies exercising control over payment of insurance contributions on the Centre's territory shall be exercised by the subdivisions of the federal executive power bodies and the subdivisions of the bodies exercising control over payment of insurance contributions which are specially established, in particular on the Centre's territory, and authorized:
1) in the field of internal affairs; 2) to exercise the functions of control, supervision over, and rendering of, state
services in respect of migration; 3) to exercise supervision and control in respect of civil defence, protection of the
population and territories against emergency situations of natural and technogenic character and fire safety;
4) to exercise the functions of control and supervision over the observance of the legislation on taxes and fees, over the correctness of computation, completeness and timeliness of paying taxes and fees to an appropriate budget and of making mandatory payments;
5) to effect the state registration of legal entities, natural persons as individual businessmen and peasant's farms;
6) in respect of customs affairs; 7) to exercise the functions of control and supervision in respect of ensuring the
population's sanitary-and-epidemiological welfare and protection of consumer rights and the consumer market;
8) to exercise the functions of control and supervision in respect of the legal protection of inventions, utility models, industrial designs, software (programmes for electronic computing machines), databases, integral circuit lay-outs, trade marks, service marks and denomination of places of commodities' origin;
9) to exercise the state supervision and control over the observance of the labour legislation and other regulatory legal acts containing labour law rules;
10) to exercise the functions of control over the correctness of computation, completeness and timeliness of payment (remittance) of insurance contributions to state off- budget funds.
3. It is not allowed to exercise on the Centre's territory the authority of federal executive power bodies in the fields cited in Part 2 of this article by other state power bodies and local self-government bodies.
4. The financial support to the activities of the special subdivisions cited in Part 2 of
this article which are directly subordinate to the federal state power bodies shall be rendered on account of the federal budget in compliance with the budget legislation of the Russian Federation.
Article 20. Restrictions as to the Authority of State Power Bodies of Constituent Entities of the Russian Federation and Local Self-Government Bodies on the Centre's Territory
1. The powers of state power bodies of constituent entities of the Russian Federation exercised by the management company in compliance with this Federal Law shall not be exercised on the Centre's territory, as well as the following powers:
1) land reservation, withdrawal of land plots for meeting the state needs of a constituent entity of the Russian Federation;
2) road activities on respect of motor roads of regional and intermunicipal importance; 3) arranging the provision of transport services to the population by motor, railway,
water and air modes of transport (suburban and intermunicipal traffic); 4) establishing administrative liability for breaching laws and other regulatory legal acts
of a constituent entity of the Russian Federation and regulatory legal acts of local authorities; 5) endorsing land planning schemes of a constituent entity of the Russian Federation,
endorsement of the land planning documentation for placing capital construction units of regional importance, endorsement of regional town-planning design normative standards, exercising the state construction supervision where it is provided for by the Town-Planning Code of the Russian Federation;
6) establishment, maintenance and organization of the activities of rescue services and/or rescue units;
7) arrangement and exercise of the activities provided for by the legislation of the Russian Federation on power saving and on enhancing energy efficiency;
8) exercising the regional state control over the compliance of residential houses and apartment houses in the course of their operation with the requirements for energy efficiency and the requirements for availability of instruments for measuring used energy resources established by the legislation of the Russian Federation on energy saving and on enhancing energy efficiency.
2. The powers of local authorities exercised by the management company in compliance with this Federal Law shall not be exercised on the Centre's territory, as well as the following powers:
1) land reservation and withdrawal of land plots, in particular by way of their redemption, within the boundaries of settlements for meeting municipal needs, exercise of the land control over the use of the settlement's lands;
2) establishment, maintenance and organization of the activities of rescue services and/or rescue units on the settlement's territory;
3) creation of conditions for the activities of voluntary units formed by the population for public order maintenance;
4) providing to poor citizens residing on the Centre's territory who are in need for improving housing conditions residential premises in compliance with the housing legislation, arranging the construction and maintenance of the municipal housing stock and creating conditions for housing construction;
5) issuance of permits to install advertising structures, cancellation of such permits, issuance of orders to dismantle advertising structures newly installed without authorization in compliance with Federal Law No. 38-FZ of March 13, 1006 on Advertising;
6) road activities in respect of motor roads of local importance, as well as other powers concerning the exploitation of motor roads and the exercise of road activities in compliance
with the legislation of the Russian Federation; 7) exercising the activities provided for by the legislation of the Russian Federation on
energy saving and enhancement of energy efficiency; 8) arranging and exercising the activities involved in civil defence, protection of the
population and the settlement's territory against emergency situations of natural and technogenic character.
3. The powers of state power bodies and local authorities which are not cited in Parts 1 and 2 of this article shall be exercised in compliance with the legislation of the Russian Federation, subject to the specifics established by this Federal Law.
4. The state power bodies and local authorities exercising the powers cited in Part 3 of this article shall be located outside the Centre's territory, except for the specially formed subdivisions of the federal executive power bodies cited in Part 2 of Article 19 of this Federal Law.
Chapter 6. Final Provisions
Article 21. This Federal Law's Entry into Force 1. This Federal Law shall enter into force from the date when it is officially published,
except for Item 2 of Part 2 of Article 10 of this Federal Law. 2. Item 2 of Part 2 of Article 10 of this Federal Law shall enter into force from January
1, 2014.
President of the Russian Federation D. Medvedev
The Kremlin, Moscow September 28, 2010 No. 244-FZ