As follows from the document, the agreement on implementation of the investment project should include “obligations of the investor to carry out the activities envisaged by the agreement, within the agreement time frame; the obligations of the investor to make investments, including capital investments, in the amount and on the terms stipulated in the agreement”.
Also, the law is supposed to include the liability of the investor for breach of the commitments for implementation of investment projects. The grounds for the offensive responsibility will be considered failure by the investor activities in the terms stipulated by the agreement and the lack of investment envisaged in the amount and on the terms stipulated by the agreement.
“In recent years, seaports have increased the number of investment projects, implementation of which was suspended by the investor for an indefinite period. In this context, the land provided to investors for projects, they are not used”, – stated in the explanatory note.
In particular, due to the lack of financing opportunities investors suspended implementation of 4 projects in the far East and 2 projects in the Azov-black sea basin. While legislative mechanisms for the settlement of relations with the investor that does not implement the project within the prescribed period, do not exist, emphasize the Ministry of transport.
Construction or reconstruction of infrastructure objects of the sea port is performed on the basis of the Declaration developed by the investor and agreed by the Rosmorrechflot. The document is developed in accordance with Model provision on the development and composition of the petition (Declaration) of intent to invest into construction of enterprises, buildings and structures.
But the Declaration is not legally binding and does not establish any obligation of the investor implementing the investment project. “Regulatory consolidation requirements to the content of the Declaration and the coordination procedure to date not implemented”, – stated in the Ministry of transport.
As expected, the bill will come into force six months after its official publication.
