On July 3, 2016, the Russian President signed amendments to the Federal Law “On public-private partnership and municipal-private partnership and on amending certain legislative acts of the Russian Federation.” In particular, the law has been amended as follows:

- Bidders are allowed to confirm their compliance with professional and business qualities, as well as license, permit and certification requirements through:

• entities with whom the bidder has signed a letter of intent to participate in the project;
• entities directly or indirectly holding at least 10% of the bidder’s charter capital, as well as entities directly or indirectly holding at least 10% of the charter capital in the above entities;

- Licenses, certificates and permits required can be obtained after the agreement is signed;

- Simultaneous direct agreements with several financing organizations are allowed;

- List of items that can be the subject matter of a PPP agreement has been expanded and now includes property complex facilities intended for manufacturing industrial goods or other industrial activity, as well as hunting infrastructure facilities;

-  The private partner can now acquire ownership title to movable property and real estate created within the project, which is not the subject matter and does not comprise a part of the project;

- The timeframe for regional laws to be made compliant with Law No.442-FZ has been extended to January 1, 2025. At the same time, it is clarified that agreements signed prior to the Federal Law “On public-private and municipal-private partnership” taking effect (January 1, 2016) will be governed by the regional PPP laws in effect at the time.

The adopted law will take effect 10 days after it is published.

To read the draft law, visit the State Duma web site.

Pavel Karpunin   Partner   St. Petersburg   Тел.: +7 (812) 346 79 90

Julia Antipova   Associate   St. Petersburg   Тел.: +7 (812) 346 79 90

Additional notes

Should any questions arise in connection with the above or if you need any additional materials, please contact Paver Karpunin or Julia Antipova, St. Petersburg Office of Capital Legal Services.

This Information letter keeps the clients of Capital Legal Services and other interested parties abreast of information that may, to any extent, affect their activity or cater to their particular interests. The opinions and commentaries expressed in this information letter shall not be deemed as legal opinions and do not cancel the need to obtain legal advice or legal opinion on separate issues. 

www.facebook.com/capitallegalservices

www.linkedin.com/company/1508958