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About Special Economic Zones of the Regional Level

The Russian Federation
The Law of the Lipetsk Region
"About Special Economic Zones of the Regional Level"

Adopted
By the resolution
of the Counsel of Deputies of the Lipetsk Region
from August 10, 2006
N 1336-ps

The present law defines the legal basis of the creation and functioning of the special economic zones of the regional level (further SEZ)on the territory of the Lipetsk region.

Article 1. Purposes of the creation of the SEZ.

SEZ are created with a view to develop the regional territories, manufacturing industries, new goods production, tourism and recreational activities, new technology introduction.

Article 2. Main concepts.

For the purposes of the present Law the following concepts are being used:

Special economic zone of the regional level - territorially detached complex on the area with the common border (excluding tourist-recreational and agricultural zones) having favorable conditions for business;

The SEZ participant - individual businessman or commercial enterprise (excluding unitary enterprises, registered in accordance with the legislation of the Russian Federation on the area of the municipal formation where the SEZ is located and carried out their business on the territory of the SEZ);

Authorized bodies - executive state bodies of the region, empowered to manage SEZ,

SEZ administration - commercial enterprise registered in accordance with the legislation of the Russian Federation, managed SEZ;

Supervisory board - collective consultative body, controlling the SEZ development program.

Article 3.

1. Functional type of SEZ is defined by the purposes of its creation and the directions of its investment activities.

On the territory of the region the following types of SEZ can be created:

1) SEZ of the industrial type - the territory no bigger than 10 square kilometers, the activity of participants is oriented on manufacture and processing, new goods selling, including import-replacing, consumer or industrial assignment, able to compete on the internal and external market;

2) SEZ of the agricultural type - the territory, the activity of participants is mostly oriented on development of highly profitable, able to compete farming industries and agricultural production processing;

3) SEZ of the new equipment introducing type - the territory, the activity of participants is mostly oriented on creation and realization of scientific-and-engineering production, leading it to industrial use, including manufacture, testing and pilot batches realization, as well as software production;

4) SEZ of the tourist-recreational type - the territory, the activity of participants is oriented on conservation, renovation and use of the objects of cultural-historic heritage, construction, reconstruction, exploitation of the objects of tourist industry, object of sanatorium-and-spa treatment, medical rehabilitation and relaxation, as well as extraction and use of natural medicinal resources.

2. SEZ of the tourist-recreational and agricultural types may be located on the areas of more than one municipal formations.

Article 4. Terms of SEZ creation.

On the creation moment of industrial, agricultural, tourist-recreational and new equipment introducing SEZ on the lands of the zone the objects of state, municipal and private property can be located.

Article 5. Creation and discontinuance of SEZ.

1. The initiators of SEZ creation can be the institutions of local governing (further - initiator).

2. An application for the SEZ creation is handed to the competition commission of the regional administration with substantiation of expediency and effectiveness of its creation for regional and local problems solving.

3. The selection of applications on SEZ creation is carried out on the competitive basis. Regulations on applications' selection competition are approved by the regional administration.

4. SEZ is created by the statement of the regional administration, which must include the following:

1) name and type of SEZ;

2) the SEZ boundaries;

3) other issues, stated function peculiarities of SEZ.

5. The SEZ life is unlimited.

6. The SEZ discontinuance is allowed only in case of inactivity (stated in regional documents) of its participants for more than three years

7. Resolution on the SEZ discontinuance is accepted by the legal statement of the regional administration.

Article 6. Application for the participation in the competition for the creation of the special economic zone of regional level.

1. The application must include the following documents:

1) written petition to the head of the regional administration on intention of participation in the competition;

2) technical and economical basis of SEZ creation;

3) social-economic condition of the municipal formation, which territory is proposed to use for SEZ;

4) strategy (or program) of the social-economic development of the municipal formation, which territory is proposed to use for SEZ, with statement of the planned investment of the created SEZ in realization of the program, mentioned above;

5) list of the potential SEZ participants, their brief characteristics and financial condition, as well as the activities directions;

6) information on manpower reserves of the municipal formation, which territory is proposed to use for SEZ, and possibilities of their use;

7) the calculation of assumed expenses from the regional budget and off-budget sources, connected to the SEZ creation and functioning;

8) information on social infrastructure of the municipal formation, which territory is proposed to use for SEZ;

9) the documents on the territorial planning of the municipal formation, which territory is proposed to use for SEZ;

10) the resolution of the representative body of the municipal formation, which territory is proposed to use for SEZ or resolutions of the representative bodies of the municipal formations if SEZ is located on the territories of more than one municipal formations, on agreement of SEZ creation;

11) the SEZ territorial plan and boundaries' description, list of land proprietors, land nominees and landowners, located on the territory of SEZ;

12) extractions from the Unified state register of the rights on immovables and deals with them, confirming the rights on land and other immovables, which are located on the territory proposed to use for SEZ, cadastral plans of land, stated in established order;

13) documents, confirming the intention of the proprietor of land or property to hand the land or the property for SEZ administration use;

14) accordance of the plan of SEZ territory development to the general plan of the municipal formation building up (in the presence);

15) other documents confirming or substantiated the application positions, in particular photographs and video of land which is proposed to use for SEZ.

2. The ground of rejection to the initiator can be:

1) in authenticity of information in documents enclosed in application;

2) discrepancy of the documents to legislation's request;

3) discrepancy of the prospective kind of the SEZ territory use to the territorial plan of the region, municipal district and /or to the general plan of the municipal formation building up;

4) financial insolvency of the organizations - potential participants of SEZ.

Article 7. SEZ administration.

The SEZ administration is placed on state executive powers of the region, empowered to control SEZ (further commissioners) and SEZ management.

Functions of commissioners may include:

  • making of contract on carrying on the activities with SEZ participants and controlling its conditions;
  • rendering assistance to the SEZ participants in necessary examination of the project documents, logistical support, personnel hiring;
  • receiving the activity statistics from the SEZ participants;
  • introduction of suggestions on SEZ boundaries' changes;
  • analysis of the reports on the results of SEZ functioning;
  • publishing the information on land availability for rent on the SEZ territory in mass media;
  • elaboration and ratification of the certificate, attesting the registration of the SEZ participant;
  • conducting of the SEZ participants' register.

The functions of the SEZ administration may include:

  • carrying out the customer's function on the development of the SEZ planning project, customer (builder) on the realization of the SEZ engineering construction project, including on the transport infrastructure construction, construction of systems and objects of gas-supply, electricity-supply, heat-supply, water-supply, water-purifying and water-drainage, other objects of infrastructure and accomplishment on SEZ territory;
  • exploitation and maintenance of the objects of infrastructure, located on the SEZ territory;
  • carrying out the functions of the seller (reseller) produced or bought electrical and (or) heat energy;
  • provisioning, including water-supply and water-drainage, medical cleaning of the common use territories, SEZ territory guarding, transport, information and other facilities.

Article 8. Financing of creation and development of SEZ.

Financing of creation and development of SEZ, including manufacturing, transport and other infrastructure, is realized at the expense of SEZ participants and other sources.

Article 9. SEZ supervisory board.

1. With a view to control the SEZ investment projects realization, expenditure of the budget means, to make conclusions on expediency of state support rendering to the SEZ administration, to carry out general tutorial functions, the SEZ supervisory board is created.

2. The members of the SEZ supervisory board can be the representatives of:

1) state run public authorities;

2) administrations of the municipal formations which territory is SEZ located on;

3) SEZ administration;

4) branches associations (unions) and regional Chamber of Commerce and Industry;

5) SEZ participants with general volume of investment more than 10% of the whole investment volume invested in SEZ.

3. Status on the SEZ supervisory board and its personnel is stated by the legal act of regional administration.

Article 10. Forms of state support.

The state support of the investment activity is granted to the SEZ participants in following forms:

  • tax exemption to the organization concerning the property, taken into account of the organization - SEZ participant, for 5 years from the moment of registration;
  • transport tax exemption to the organization concerning the vehicles, taken into account of the organization - SEZ participant, for 5 years from the moment of registration;
  • decrease of the means to the regional budget for 4%, concerning profit from the realization of the investment project on the SEZ territory for 5 years;
  • maximum amount of rent payment for the lands granted to the SEZ participant on the basis of agreement about carrying out the activities (in accordance with the type of zone) is 2% of their annual cadastral cost;
  • subsidizing of interest on credits, drawn by the SEZ participants for investment projects realization in order and sizes stated by the legal act of the regional administration.

Article 11. Realization of business and investment activity on the territory of the Special Economic Zone.

1. The SEZ participants accomplish business and investment activity on the territory of SEZ in accordance with legislation of the Russian Federation. All participants have equal conditions for activity.

2. State run public authorities of the region guarantee the rights of the SEZ participants and are not allowed to worsen the conditions of their activity during the term of the SEZ operation.

Article 12. The order of arguments clinching.

Arguments concerned with creation or discontinuance of the Special Economic Zone, violation the conditions of the activity on the SEZ territory by the SEZ participants or SEZ administration, as well as other arguments originated from the relations regulated by the present law, is settled in accordance with legislation of the Russian Federation.

Article 13. Effectiveness of the present law.

The present law comes into effect from the day of its publication.

The head of the administration
of the Lipetsk region
O.Korolyov

Lipetsk
August, 18, 2006.
N 316-OZ

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