And Russian law there will not apply
At the disposal of "b" was a fresh version of the draft law on the establishment of State-owned companies for the development of Eastern Siberia and the Far East. The document suggests that the 16 subjects (60% of the territory of Russia) will be partially exempted from federal laws on mineral resources, forests, land, urban planning, work and citizenship. In particular, the state-owned company will be able to take away from the state and give on your own license in minerals — including, for example, the legendary gold deposit Sukhoi Log. In this new structure will submit directly to the president of the Russian Federation, and other state agencies to interfere in its work can not.
Ministry of Economy on the orders of Prime Minister Vladimir Putin has finalized a draft federal law "On the development of Eastern Siberia and the Far East," and "On Amendments to Certain Legislative assets of the Russian Federation in connection with the adoption of the federal law" On the development of Siberia and the Far East "in the establishment of appropriate state company. Documents sent for approval to the relevant agencies at the beginning of the week. According to sources, "b", they were in the Ministry of Energy, Ministry of Environment, Ministry of Industry m MOE. "B" is also able to read the bills.
Federal law will govern the implementation of investment projects under the auspices of the State-owned companies to develop Siberia and the Far East in the Republics of Altai, Buryatia, Sakha (Yakutia), Tuva, Khakassia, the Trans-Baikal, Kamchatka, Krasnoyarsk, Primorsky, Khabarovsk, Amur Territories, Amur, Irkutsk, Magadan, Sakhalin and the Jewish Autonomous Region and the Chukotka Autonomous District. The task of state-owned companies will be "attracting investment in the development of Siberia and the Far East, and the efficient use of natural resources." The selection of projects will state company itself, but the list approved by the Government. The format of the state-owned companies in diverse projects — from receiving the share capital through the provision of financing to the construction of infrastructure and assistance in the preparation and documentation.
In this new state agencies headquartered in Vladivostok received unprecedented comfortable working conditions. Developers of the bill point out that for her and her projects introduced a special procedure for the granting of rights to use natural resources and forest resources are simplified procedures for the urban planning and land tenure. Russian citizens involved in the projects will receive state aid (they will be paid for travel to work, to issue a lump sum for the resettlement of resettlement, compensation for rental during the term of the labor contract, but no more than one year), and foreigners — preferential policies work residence and citizenship. In fact, a separate bill amends the relevant federal laws that establish priority to them the law "On the development of Siberia and the Far East."
In particular, the decision of the government can get the state company "without stipulated by the legislation of competitive procedures mineral rights and forest resources in the areas necessary for the implementation of investment projects." And in the future, these licenses can be transferred to the share capital of the companies participating in the project. That is, the state company will take over the role of Rosnedra. On its territory that is handed out. For example, in the Irkutsk region is Russia's largest gold deposit Sukhoi Log, still remaining in the undistributed fund, interest showed all the major players in the industry. In the Krasnoyarsk region has large iron ore deposits — Udorongskoe and Nizhneangarsk, the same oil Boat, Tuva — interesting coalfields.
Also, state-owned company will be able to establish a public easement (ie, the right to use another's land) to host their sites. It will use a simplified procedure for establishing and changing categories and permitted use sites in the area will be able to carry out the construction of linear features, it should contain construction materials and equipment, cutting of forest plantations. In this case, to establish a public easement does not require the transfer of lands and land in the other categories. "These preferences may have a negative impact on other regions of investment involved in the development of Siberia and the Far East, such as companies engaged in mineral use, the use of forest resources and so on," — says a leading lawyer Konstantin Sameta Gurichev. According to him, in terms of public easement bill "contradicts another widely discussed the bill on amendments to the Civil Code, which defines an exhaustive list of servitude, of which a legal structure as a public easement, no."
Everything that is happening in the Far East meets passion in Russian consciousness. That is very dangerous — can develop internal psychic epidemic
— Sergei Witte, the Russian Minister of Finance (1892-1903 years), in a letter in 1900
The exception to the company and its projects will be from the tax laws: they will receive extensive benefits similar to Skolkovo — a zero rate of income tax, business property and land. We also introduce the reduced rate contributions for compulsory social insurance. VAT, companies can pay or not to pay the optional: such a "privilege" in some cases may reduce the competitiveness of companies (buyers of products "without VAT" can not accept tax deductible for further implementation.) As explained by Andrey Shpak of Goltsblat BLP, similar benefits can increase investment attractiveness of infrastructure investment, characterized by long payback period. Exemptions from property tax can substantially reduce these terms. Overall, the proposed benefits of the Ministry of Economy, according to Mr. Shpak, resemble an experiment to assess the impact of the economic situation of a lower tax burden in a particular region.
The state will state companies and direct support. Under the bill, it could make it shares a number of other state-owned companies (which ones — see "Kommersant" on 20 March), and regular property payments will be made in a period of ten years in the amount of income received from the management of the National Welfare Fund.
In this case, the document stresses that the federal and regional governments have no right to interfere in the work of state companies. The Chamber can only check it "in due course." In fact, the state company will report directly to the president of Russia. That's according to the bill, he should appoint and dismiss members of the supervisory board of state-owned company and its CEO. At the same time, most state-owned companies will be eligible to participate in the consideration of the investment programs of natural monopolies (ie, "Gazprom", "Transneft" and RZD) and defend the interests of the projects in the accession to power, heat and utility networks, facilities, rail and road transport. Powers of the state-owned lot, and the list can be expanded — again president.
Who will lead a "state within a state" (the sides "b" in the government is already being called the new state company, the Far Eastern Republic), is still unknown. The author of the idea of the ex-Minister of Emergency Situations Sergei Shoigu, but he eventually became the governor of the Moscow region. Among the possible candidates for the position of director general sources "b" was named First Deputy Prime Minister Igor Shuvalov. The official, who was present at a meeting with the prime minister, told "Kommersant" that the specific words that Shuvalov may head the state-owned company, was not. "Vladimir Putin said that the CEO can be any of the participants — and Shuvalov, and Basargin, and other people," — said the source "b".
Survive the new megacorporation 25 years, but the cycle of its projects will be faster. The state company is obliged to leave the capital project participants for five years, and of the property — for two years: all this is "subject to alienation in favor of interested organizations in the public domain." After the liquidation of all state-owned companies that it will be back to the state.
Kirill Melnikov, Alexander Gudkov, Alexander Panchenko — "Kommersant"