Investments. Capital investments, government guarantees and protection (most important)

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Investments. Capital investments, government guarantees and protection (most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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CAPITAL INVESTMENTS, STATE GUARANTEES AND PROTECTION

The basis for the implementation of capital construction are capital investments.

They are directed to:

▪ for new construction;

▪ reconstruction and modernization of an existing enterprise;

▪ technical equipment of production;

▪ expansion of an existing enterprise or any other facility;

▪ other purposes.

The state guarantees:

1) ensuring equal rights in the implementation of investment activities;

2) publicity in the discussion of investment projects;

3) the right to appeal to the court decisions and actions (inaction) of state authorities, local governments and their officials;

4) protection of capital investments.

Stability for an investor implementing an investment project, conditions and regime is guaranteed during the payback period of the investment project, but not more than seven years from the date of commencement of financing of the specified project. In some cases, when an investor implements an investment project in the field of production or creation of transport or other infrastructure, the payback period of which exceeds seven years, the Government of the Russian Federation decides to extend the conditions and regime for the period specified by the investor.

Government of the Russian Federation:

▪ establishes criteria for assessing changes in unfavorable conditions for the investor in terms of collection of import customs duties, federal taxes and contributions to state extra-budgetary funds, the regime of prohibitions and restrictions regarding capital investments in the territory of the Russian Federation;

▪ approves the procedure determining the start date of financing an investment project with the participation of foreign investors;

▪ approves the procedure for registering investment projects;

▪ controls the investor’s fulfillment of his obligation to implement the investment project on time.

In case of non-fulfillment of obligations by the investor, he loses benefits. The amount of money not paid as a result of the provision of these benefits is subject to return.

Protection of capital investments

Capital investments can be:

▪ nationalized subject to preliminary and equivalent compensation by the state for losses caused to subjects of investment activity;

▪ requisitioned by decision of state bodies in cases, in the manner and under the conditions determined by the Civil Code of the Russian Federation;

▪ insurance of capital investments is carried out in accordance with the legislation of the Russian Federation.

Author: Kuznetsova S.A.

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