Federal Law of December 8, 2003 No. 164-FZ
RUSSIAN FEDERATION
THE FEDERAL LAW
On the basics of state regulation of foreign trade activities
Adopted by the State Duma on November 21, 2003
Approved by the Federation Council on November 26, 2003
(As amended by federal laws dated August 22, 2004 No. 122-FZ, dated July 22, 2005 No. 117-FZ, dated February 2, 2006 No. 19-FZ, dated November 3, 2010 No. 285-FZ, dated December 8, 2010 No. 336-FZ, dated July 11, 2011 No. 200-FZ, dated December 6, 2011 No. 409-FZ, dated July 28, 2012 No. 137-FZ, dated November 30, 2013 No. 318-FZ, dated July 13, 2015 No. 233-FZ, dated November 28, 2018 No. 452-FZ, dated 01.05.2019 No. 83-FZ, dated 22.12.2020 No. 446-FZ)
Chapter 1. General provisions
Article 1. Goals and scope of application of this Federal Law
1. This Federal Law defines the basis of state regulation of foreign trade activities, the powers of the Russian Federation and the constituent entities of the Russian Federation in the field of foreign trade activities in order to ensure favorable conditions for foreign trade activities, as well as to protect the economic and political interests of the Russian Federation.
2. This Federal Law applies to relations in the field of state regulation of foreign trade activities, as well as to relations directly related to such activities.
3. Features of state regulation of foreign trade activities in the field related to the export from the Russian Federation and import into the Russian Federation, including the supply or purchase of military products, the development and production of military products, as well as features of state regulation of foreign trade activities in in relation to goods, information, works, services, results of intellectual activity that can be used in the creation of weapons of mass destruction, their delivery vehicles, other types of weapons and military equipment, are established by international treaties of the Russian Federation, federal laws on military-technical cooperation of the Russian Federation with foreign countries and on export controls.
4. The provisions of this Federal Law relating to state regulation of foreign trade in services do not apply to:
1) services provided in the performance of functions of public authorities not on a commercial basis and not on terms of competition with one or more service providers;
2) services provided in the implementation of the activities of the Central Bank of the Russian Federation for the purpose of performing the functions established by federal laws;
3) financial services provided when carrying out social security activities, including state pension provision, and activities under guarantees of the Government of the Russian Federation or using government financial resources, not on conditions of competition with one or more service providers.
Article 2. Basic concepts used in this Federal Law
1. For the purposes of this Federal Law, the following basic concepts are used: (As amended by Federal Law No. 446-FZ dated December 22, 2020)
1) similar product - a product that, in its functional purpose, application, quality and technical characteristics, is completely identical to another product, or in the absence of such a completely identical product, a product that has characteristics close to the characteristics of another product;
2) reciprocity - provision by one state (group of states) to another state (group of states) of a certain regime of international trade in exchange for provision by the second state (group of states) to the first state (group of states) of the same regime;
3) foreign trade barter transaction - a transaction made in the implementation of foreign trade activities and providing for the exchange of goods, services, works, intellectual property, including a transaction that, along with the specified exchange, provides for the use of monetary and (or) other means of payment in its implementation;
4) foreign trade activities - activities related to transactions in the field of foreign trade in goods, services, information and intellectual property;
5) foreign trade in intellectual property - the transfer of exclusive rights to objects of intellectual property or the granting of the right to use objects of intellectual property by a Russian person to a foreign person or by a foreign person to a Russian person;
6) foreign trade in information - foreign trade in goods, if information is an integral part of these goods, foreign trade in intellectual property, if the transfer of information is carried out as a transfer of rights to intellectual property, or foreign trade in services in other cases;
7) foreign trade in goods - import and (or) export of goods. Movement of goods between part of the territory of the Russian Federation and another part of the territory of the Russian Federation, if such parts are not interconnected by the land territory of the Russian Federation, through the customs territory of a foreign state, movement of goods to the territory of the Russian Federation from the territories of artificial islands, installations and structures over which Russian The Federation exercises jurisdiction in accordance with the legislation of the Russian Federation and international law, or the movement of goods between the territories of artificial islands, installations and structures over which the Russian Federation exercises jurisdiction in accordance with the legislation of the Russian Federation and international law does not constitute foreign trade in goods; (As amended by Federal Law dated December 6, 2011 No. 409-FZ)
foreign trade in services - the provision of services (performance of work), including production, distribution, marketing, delivery of services (work) and carried out in the ways specified in Article 33 of this Federal Law;
9) free trade zone - customs territories in which, in accordance with an international agreement with one or more states or groups of states, customs duties and other measures restricting foreign trade in goods originating from these customs territories have been abolished in relation to almost all foreign trade in such goods in within these customs territories, with the exception of the possibility of applying such measures, if necessary, in cases provided for in Articles 21, 32, 38 and 39 of this Federal Law. At the same time, participants in the free trade zone do not carry out any significant coordination regarding the application of customs duties and other measures to regulate foreign trade in goods with third countries;
10) import of goods - import of goods into the Russian Federation without the obligation to re-export them; (As amended by Federal Law dated December 6, 2011 No. 409-FZ)
11) foreign person - an individual, a legal entity or an organization that is not a legal entity under the law of a foreign state that is not a Russian person;
12) foreign customer of services - a foreign person who ordered services (work) or uses them;
13) foreign service provider - a foreign person providing services (performing work);
131) “One Window” information system in the field of foreign trade activities - a federal state automated information system that ensures electronic interaction of participants in foreign trade activities with government bodies of the Russian Federation, currency control authorities and agents and other organizations in accordance with their competence for development purposes foreign trade activities and ensuring the possibility of using by government bodies of the Russian Federation, bodies and agents of currency control and other organizations, in accordance with their competence, documents and information contained in this system for the purpose of exercising government control (supervision), providing government services, performing government functions, providing other services in the field of foreign trade activities, generation of statistics in the field of foreign trade activities; (Clause introduced - Federal Law dated December 22, 2020 No. 446-FZ)
14) commercial presence - any form of organization of entrepreneurial and other economic activity of a foreign person on the territory of the Russian Federation or a Russian person on the territory of a foreign state permitted by the legislation of the Russian Federation or the legislation of a foreign state for the purpose of providing services, including by creating a legal entity, branch or representative office legal entity or participation in the authorized (share) capital of a legal entity. A Russian legal entity through which a commercial presence is carried out is considered as a foreign provider of services if the foreign person (foreign persons), by virtue of a predominant participation in the authorized (share) capital of the Russian legal entity, either in accordance with an agreement concluded between them, or otherwise has the ability to determine decisions made by a Russian legal entity;
15) international transit - movement of goods and vehicles through the territory of the Russian Federation, if such movement is only part of a route starting and ending outside the territory of the Russian Federation; (As amended by Federal Law dated December 6, 2011 No. 409-FZ)
16) directly competing product - a product that is comparable to another product in terms of its purpose, application, quality and technical characteristics, as well as other basic properties in such a way that the buyer replaces or is ready to replace another product with it in the process of consumption;
17) non-tariff regulation - a method of state regulation of foreign trade in goods, carried out by introducing quantitative restrictions and other prohibitions and restrictions of an economic nature;
18) pre-shipment inspection body - a Russian or foreign legal entity determined by the Government of the Russian Federation in accordance with Part 4 of Article 28 of this Federal Law;
19) (Clause has lost force - Federal Law dated December 6, 2011 No. 409-FZ)
20) pre-shipment inspection - checking the quality, quantity, price, including its financial conditions, and (or) the correct coding for customs purposes of goods intended for import into the Russian Federation;
21) Russian customer of services - a Russian person who ordered services (work) or uses them;
22) Russian service provider - a Russian person providing services (performing work);
23) Russian person - a legal entity created in accordance with the legislation of the Russian Federation, an individual who has a permanent or primary place of residence on the territory of the Russian Federation, is a citizen of the Russian Federation or has the right of permanent residence in the Russian Federation or registered as an individual entrepreneur in accordance with with the legislation of the Russian Federation;
24) customs tariff regulation - a method of state regulation of foreign trade in goods, carried out through the application of import and export customs duties;
25) customs union - a single customs territory, which, on the basis of an international agreement with one or more states or groups of states, replaces two or more customs territories and within which customs duties and other measures restricting foreign trade in goods originating from a single customs territory are abolished, in in relation to practically all trade in such goods within this customs territory, with the exception of the possibility of applying such measures, if necessary, in cases provided for in Articles 21, 32, 38 and 39 of this Federal Law. Moreover, each member of the customs union applies the same customs duties and other measures to regulate foreign trade in goods with third countries;
26) goods - movable property that is the subject of foreign trade activities, aircraft, sea vessels, inland navigation vessels and mixed (river-sea) navigation and space objects classified as real estate, as well as electrical energy and other types of energy. Vehicles used under an international transport agreement are not considered as goods;
27) participants in foreign trade activities - Russian and foreign persons engaged in foreign trade activities;
28) export of goods - export of goods from the Russian Federation without the obligation to re-import. (As amended by Federal Law dated December 6, 2011 No. 409-FZ)
2. The concepts of other branches of legislation of the Russian Federation used in this Federal Law are used in the meaning in which they are used in these branches of legislation of the Russian Federation, unless otherwise provided by this Federal Law. (Part introduced - Federal Law No. 446-FZ dated December 22, 2020)
Article 3. Legislation of the Russian Federation on foreign trade activities
State regulation of foreign trade activities is based on the Constitution of the Russian Federation and is carried out in accordance with this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, as well as generally recognized principles and norms of international law and international treaties of the Russian Federation.
Article 4. Basic principles of state regulation of foreign trade activities
The main principles of state regulation of foreign trade activities are:
1) protection by the state of the rights and legitimate interests of participants in foreign trade activities, as well as the rights and legitimate interests of Russian producers and consumers of goods and services;
2) equality and non-discrimination of participants in foreign trade activities, unless otherwise provided by federal law;
3) (Clause has lost force - Federal Law dated December 6, 2011 No. 409-FZ)
4) reciprocity in relation to another state (group of states);
5) ensuring the fulfillment of the obligations of the Russian Federation under international treaties of the Russian Federation and the implementation of the rights of the Russian Federation arising from these treaties;
6) selection of measures of state regulation of foreign trade activities that are no more burdensome for participants in foreign trade activities than is necessary to ensure the effective achievement of the goals for the implementation of which it is intended to apply measures of state regulation of foreign trade activities;
7) transparency in the development, adoption and application of measures of state regulation of foreign trade activities;
validity and objectivity of application of measures of state regulation of foreign trade activities;
9) exclusion of unjustified interference by the state or its bodies in foreign trade activities and causing damage to participants in foreign trade activities and the economy of the Russian Federation;
10) ensuring the defense of the country and the security of the state;
11) ensuring the right to appeal in court or another procedure established by law against illegal actions (inaction) of state bodies and their officials, as well as the right to challenge regulatory legal acts of the Russian Federation that infringe on the right of a participant in foreign trade activities to carry out foreign trade activities;
12) unity of the system of state regulation of foreign trade activities;
13) unity of application of methods of state regulation of foreign trade activities throughout the Russian Federation.
Article 5. Trade policy of the Russian Federation
1. The trade policy of the Russian Federation is an integral part of the economic policy of the Russian Federation. The goal of the trade policy of the Russian Federation is to create favorable conditions for Russian exporters, importers, producers and consumers of goods and services.
2. The trade policy of the Russian Federation is based on compliance with generally accepted principles and norms of international law, as well as obligations arising from international treaties of the Russian Federation.
3. The implementation of the trade policy of the Russian Federation is carried out using the methods of state regulation of foreign trade activities provided for in Article 12 of this Federal Law.
Chapter 2. Powers of federal government bodies, government bodies of constituent entities of the Russian Federation and local governments in the field of foreign trade activities
(Name as amended by Federal Law dated August 22, 2004 No. 122-FZ)
Article 6. Powers of federal government bodies in the field of foreign trade activities
(Name as amended by Federal Law dated August 22, 2004 No. 122-FZ)
The powers of federal government bodies in the field of foreign trade activities include: (As amended by Federal Law No. 122-FZ of August 22, 2004)
1) formation of a concept and strategy for the development of foreign trade relations and the basic principles of trade policy of the Russian Federation;
2) protection of economic sovereignty and economic interests of the Russian Federation and Russian persons; (As amended by Federal Law No. 122-FZ dated August 22, 2004)
3) state regulation of foreign trade activities, including customs tariff and non-tariff regulation, in cases provided for by federal laws, international treaties of the Russian Federation and decisions of the Customs Union Commission, as well as state regulation of activities in the field of confirming the compliance of goods with mandatory requirements in connection with their import into the Russian Federation and export from the Russian Federation; (As amended by Federal Law dated December 6, 2011 No. 409-FZ)
4) establishment of mandatory safety requirements and criteria throughout the entire territory of the Russian Federation for the life or health of citizens, property of individuals or legal entities, state or municipal property, the environment, life or health of animals and plants when importing goods into the Russian Federation and rules for control over them ;
5) determination, in accordance with international treaties of the Russian Federation and decisions of the Commission of the Customs Union, of the procedure for the export from the Russian Federation and import into the Russian Federation of fissile (fissionable) nuclear substances, poisonous, explosive, toxic substances, hazardous waste, potent, narcotic drugs, psychotropic substances and their precursors, biologically active materials (donor blood and (or) its components, internal organs and other materials), genetically active materials (cultures of fungi, bacteria, viruses, seed material of animals and humans and other materials), animals and plants under endangered, their parts and derivatives, as well as other goods that may have an adverse impact on the life or health of citizens, the life or health of animals and plants, and the environment; (As amended by Federal Laws dated December 6, 2011 No. 409-FZ; dated July 28, 2012 No. 137-FZ)
6) determination, in accordance with international treaties of the Russian Federation and decisions of the Customs Union Commission, of the specifics of the procedure for import into the Russian Federation from countries that are not members of the Customs Union within the EurAsEC, and export from the Russian Federation to countries that are not members of the Customs Union within the EurAsEC, precious metals and precious stones
Federal Law of October 29, 1998 No. 164-FZ “On financial rent (leasing)”
With changes and additions from:
January 29, December 24, 2002, December 23, 2003, August 22, 2004, July 18, 2005, July 26, 2006, May 8, 2010, June 28, 2013, November 4, December 31 2014, July 3, 2021
Adopted by the State Duma on September 11, 1998
Approved by the Federation Council on October 14, 1998.
The goals of this Federal Law are to develop forms of investment in means of production on the basis of financial lease (leasing) (hereinafter referred to as leasing), to protect property rights, the rights of participants in the investment process, and to ensure investment efficiency.
This Federal Law defines the legal, organizational and economic features of leasing.
Chapter I. General provisions
Article 1. Scope of application of this Federal Law
1. The scope of application of this Federal Law is the leasing of property related to non-consumable things (except for land plots and other natural objects) transferred for temporary possession and use to individuals and legal entities.
2. Lost power.
Article 2. Basic concepts used in this Federal Law
This Federal Law uses the following basic concepts:
leasing is a set of economic and legal relations arising in connection with the implementation of a leasing agreement, including the acquisition of the leased asset;
leasing agreement is an agreement under which the lessor (hereinafter referred to as the lessor) undertakes to acquire ownership of the property specified by the lessee (hereinafter referred to as the lessee) from a seller specified by him and to provide this property to the lessee for a fee for temporary possession and use. The leasing agreement may provide that the choice of the seller and the purchased property is carried out by the lessor;
leasing activity is a type of investment activity for the acquisition of property and its transfer to leasing.
Article 3. Subject of leasing
1. The subject of leasing can be any non-consumable things, including enterprises and other property complexes, buildings, structures, equipment, vehicles and other movable and immovable property.
2. The subject of leasing cannot be land plots and other natural objects, as well as property that is prohibited for free circulation by federal laws or for which a special procedure for circulation has been established, with the exception of military products, the leasing of which is carried out in accordance with international treaties of the Russian Federation, Federal Law of July 19, 1998 N 114-FZ “On military-technical cooperation of the Russian Federation with foreign states” in the manner established by the President of the Russian Federation, and foreign-made technological equipment, leasing of which is carried out in the manner established by the President of the Russian Federation.
Article 4. Leasing entities
1. Leasing subjects are:
lessor - an individual or legal entity who, at the expense of borrowed and (or) own funds, acquires ownership of property during the implementation of a leasing agreement and provides it as a leased asset to the lessee for a certain fee, for a certain period and on certain conditions for temporary possession and in use with or without transfer to the lessee of the ownership of the leased asset;
lessee - an individual or legal entity who, in accordance with the leasing agreement, is obliged to accept the leased asset for a certain fee, for a certain period and under certain conditions for temporary possession and use in accordance with the leasing agreement;
seller - an individual or legal entity who, in accordance with a purchase and sale agreement with the lessor, sells to the lessor within a specified period the property that is the subject of leasing. The seller is obliged to transfer the leased item to the lessor or lessee in accordance with the terms of the purchase and sale agreement. The seller can simultaneously act as a lessee within the same leasing legal relationship.
2. Any of the leasing entities may be a resident of the Russian Federation or a non-resident of the Russian Federation.
Article 5. Leasing companies (firms)
1. Leasing companies (firms) are commercial organizations (residents of the Russian Federation or non-residents of the Russian Federation) performing the functions of lessors in accordance with the legislation of the Russian Federation and their constituent documents.
2. The founders of leasing companies (firms) can be legal entities or individuals (residents of the Russian Federation or non-residents of the Russian Federation).
3. A leasing company is a non-resident of the Russian Federation - a foreign legal entity carrying out leasing activities on the territory of the Russian Federation.
4. Leasing companies have the right to attract funds from legal entities and (or) individuals (residents of the Russian Federation and non-residents of the Russian Federation) to carry out leasing activities in the manner established by the legislation of the Russian Federation.
5. The manager (a person performing the functions of the sole executive body), a member of the board of directors (supervisory board), a member of the collegial executive body, as well as the chief accountant of a leasing company (firm) cannot be a person who has an unexpunged or outstanding conviction for a crime in the economic sphere. activities or crimes against government authority.
Article 6. Deleted
Article 7. Forms of leasing
1. The main forms of leasing are domestic leasing and international leasing.
When carrying out domestic leasing, the lessor and the lessee are residents of the Russian Federation.
When carrying out international leasing, the lessor or lessee is a non-resident of the Russian Federation.
2. The leasing agreement may include terms for the provision of additional services and additional work.
Additional services (work) - services (work) of any kind provided by the lessor both before the start of use and during the use of the leased asset by the lessee and directly related to the implementation of the leasing agreement.
The list, volume and cost of additional services (work) are determined by agreement of the parties.
Article 8. Subleasing
1. Subleasing is a type of subleasing of a leased asset, in which the lessee under a leasing agreement transfers to third parties (lessees under a subleasing agreement) for possession and use for a fee and for a period in accordance with the terms of the subleasing agreement, property previously received from the lessor under the leasing agreement and constituting the subject of leasing.
When transferring property into subleasing, the right of claim against the seller passes to the lessee under a subleasing agreement.
2. When transferring the leased asset for subleasing, the consent of the lessor in writing is required.
Article 9. Deleted
Article 9.1. Features of a leasing agreement concluded by a state or municipal institution
1. The leasing agreement, if the lessee is a state or municipal institution, must provide for the obligation of the lessor to independently determine the seller of the property under the leasing agreement.
2. If the lessee under the leasing agreement is a state or municipal institution, it is not allowed to make payments for lease payments using products (in kind) produced using the leased asset.
3. The essential terms of a leasing agreement, under which the lessee is a state or municipal institution, along with the conditions provided for in paragraphs 1 and 2 of this article, include:
prohibition on securing the fulfillment of obligations under a leasing agreement with collateral (except for the collateral of property subject to lease);
the right of the parties to the leasing agreement to change the amount of leasing payments by agreement of the parties to the leasing agreement in accordance with the budget estimate of a government institution or the plan of financial and economic activities of a budgetary or autonomous institution.
4. If the lessee fails to transfer lease payments more than two times in a row after the expiration of the payment period established by the leasing agreement, foreclosure on the funds of the state or municipal institution that is the lessee under the leasing agreement is carried out on the basis of a writ of execution in the manner established by federal laws defining the specifics of the legal situation institutions.
5. State and budgetary institutions that are lessees under a leasing agreement, in order to fulfill their obligations under the leasing agreement, do not have the right to enter into such related agreements as agreements on obtaining credits and loans.
Chapter II. Legal basis of leasing relations
Article 10. Rights and obligations of participants in a leasing agreement
1. The rights and obligations of the parties to the leasing agreement are regulated by the civil legislation of the Russian Federation, this Federal Law and the leasing agreement.
2. When leasing, the lessee has the right to present directly to the seller of the leased item requirements for quality and completeness, deadlines for fulfilling the obligation to transfer the goods and other requirements established by the legislation of the Russian Federation and the purchase and sale agreement between the seller and the lessor.
Article 11. Ownership of the leased asset
1. The leased asset transferred for temporary possession and use to the lessee is the property of the lessor.
2. The right to own and use the leased asset passes to the lessee in full, unless otherwise provided by the leasing agreement.
3. The lessor’s right to dispose of the leased asset includes the right to remove the leased asset from the possession and use of the lessee in cases and in the manner provided for by the legislation of the Russian Federation and the leasing agreement.
Article 12. Deleted
Article 13. Ensuring the rights of the lessor
1. If the lessee fails to transfer lease payments more than two times in a row after the expiration of the payment period established by the leasing agreement, they are written off from the lessee’s account, except for the case established by paragraph 4 of Article 9.1 of this Federal Law, in an indisputable manner by sending the lessor to a bank or other credit institution. organization in which the lessee's account is opened, orders to write off funds from his account within the limits of the amounts of overdue lease payments. Undisputed write-off of funds does not deprive the lessee of the right to go to court.
2. The lessor has the right to demand early termination of the leasing agreement and the return of the property within a reasonable time by the lessee in cases provided for by the legislation of the Russian Federation, this Federal Law and the leasing agreement.
In this case, all costs associated with the return of the property, including the costs of its dismantling, insurance and transportation, are borne by the lessee.
Article 14. Deleted
Article 15. Contents of the leasing agreement
1. The leasing agreement, regardless of the term, is concluded in writing.
2. To fulfill their obligations under a leasing agreement, leasing entities enter into mandatory and related agreements.
Mandatory contracts include a purchase and sale agreement.
Related agreements include an agreement to raise funds, a pledge agreement, a guarantee agreement, a surety agreement and others.
3. The leasing agreement must contain data that makes it possible to definitely establish the property to be transferred to the lessee as the subject of leasing. In the absence of this data in the leasing agreement, the condition on the item to be leased is considered not agreed upon by the parties, and the leasing agreement is not considered concluded.
4. Based on the leasing agreement, the lessor undertakes:
acquire ownership of certain property from a certain seller for its transfer for a certain fee for a certain period, under certain conditions, as a leased asset to the lessee;
fulfill other obligations arising from the contents of the leasing agreement.
5. Under the leasing agreement, the lessee undertakes:
accept the leased asset in the manner prescribed by the specified leasing agreement;
pay lease payments to the lessor in the manner and within the terms provided for in the leasing agreement;
upon expiration of the lease agreement, return the leased asset, unless otherwise provided by the specified leasing agreement, or acquire ownership of the leased asset on the basis of a purchase and sale agreement;
fulfill other obligations arising from the contents of the leasing agreement.
6. The leasing agreement may stipulate circumstances that the parties consider an indisputable and obvious violation of obligations and which lead to the termination of the leasing agreement and the seizure of the leased asset.
7. The leasing agreement may provide for the right of the lessee to extend the leasing term while maintaining or changing the terms of the leasing agreement.
Article 16. Deleted
Article 17. Provision of temporary possession and use of the subject of a leasing agreement, its maintenance and return
1. The lessor is obliged to provide the lessee with the property that is the subject of leasing in a condition corresponding to the terms of the leasing agreement and the purpose of this property.
2. The leased asset is leased together with all its accessories and all documents (technical passport and others), unless otherwise provided by the leasing agreement.
3. The lessee, at his own expense, carries out maintenance of the leased asset and ensures its safety, as well as carries out major and current repairs of the leased asset, unless otherwise provided by the leasing agreement.
4. Upon termination of the leasing agreement, the lessee is obliged to return the leased asset to the lessor in the condition in which he received it, taking into account normal wear and tear or wear and tear stipulated by the leasing agreement.
5. If the lessee does not return the leased item or returns it untimely, the lessor has the right to demand payment for the period of delay. If the specified fee does not cover the losses caused to the lessor, he may demand compensation for them.
6. If a penalty is provided for the untimely return of the leased asset to the lessor, losses may be recovered from the lessee in the full amount in excess of the penalty, unless otherwise provided by the leasing agreement.
7. Separable improvements made by the lessee to the leased asset are his property, unless otherwise provided by the leasing agreement.
8. If the lessee, with the written consent of the lessor, has made, at his own expense, improvements to the leased asset that are inseparable without harm to the leased asset, the lessee has the right, after termination of the leasing agreement, to reimburse the cost of such improvements, unless otherwise provided by the leasing agreement.
9. If the lessee, without the written consent of the lessor, has made, at his own expense, improvements to the leased asset that are inseparable without harm to the leased asset, and unless otherwise provided by federal law, the lessee has no right, after termination of the leasing agreement, to reimburse the cost of these improvements .
Article 18. Assignment of rights under a leasing agreement to third parties and pledge of the leased asset
1. The lessor may assign to a third party all or part of its rights under the leasing agreement.
2. The lessor has the right, in order to attract funds, to use the leased asset as collateral, which will be acquired in the future under the terms of the leasing agreement.
3. The lessor is obliged to warn the lessee about all the rights of third parties to the leased asset.
Article 19. Transfer of ownership of the leased item
1. A leasing agreement may provide that the leased asset becomes the property of the lessee upon expiration of the lease agreement or before its expiration on the terms stipulated by agreement of the parties.
2. Federal law may establish cases of prohibiting the transfer of ownership of the leased asset to the lessee.
Article 20. Procedure for registering property (the subject of a leasing agreement) and rights to it
1. In cases provided for by the legislation of the Russian Federation, rights to property that is leased, and (or) a leasing agreement, the subject of which is this property, are subject to state registration.
Special requirements imposed by the legislation of the Russian Federation on the owner of registered property (aviation equipment, sea and other vessels, other property) apply to the lessor or lessee by mutual agreement.
2. Leased items subject to registration with government agencies (vehicles, high-risk equipment and other leased items) are registered by agreement of the parties in the name of the lessor or lessee.
3. By agreement of the parties, the lessor has the right to instruct the lessee to register the leased asset in the name of the lessor. At the same time, registration documents must indicate information about the owner and owner (user) of the property. In the event of termination of the contract and withdrawal by the lessor of the leased asset, at the request of the latter, the state bodies that carried out the registration are obliged to cancel the record of the owner (user).
Article 21. Insurance of the leased asset and business (financial) risks
1. The leased item may be insured against the risks of loss (destruction), shortage or damage from the moment of delivery of the property by the seller until the end of the lease agreement, unless otherwise provided by the agreement. The parties acting as insured and beneficiary, as well as the period of insurance of the leased asset, are determined by the leasing agreement.
2. Insurance of business (financial) risks is carried out by agreement of the parties to the leasing agreement and is not mandatory.
3. The lessee, in cases determined by the legislation of the Russian Federation, must insure its liability for the fulfillment of obligations arising as a result of causing harm to the life, health or property of other persons in the process of using the leased property.
4. The lessee has the right to insure the risk of his liability for violation of the leasing agreement in favor of the lessor.
Article 22. Distribution of risks between the parties to the leasing agreement
1. Responsibility for the safety of the leased item from all types of property damage, as well as for risks associated with its destruction, loss, damage, theft, premature breakdown, error made during its installation or operation, and other property risks from the moment of actual acceptance of the item leasing is borne by the lessee, unless otherwise provided by the leasing agreement.
2. The risk of failure by the seller to fulfill obligations under the contract for the sale and purchase of the leased asset and the associated losses is borne by the party to the leasing agreement that has chosen the seller, unless otherwise provided by the leasing agreement.
3. The risk of non-compliance of the leased object with the purposes of using this object under the leasing agreement and the associated losses are borne by the party that chose the leased object, unless otherwise provided by the leasing agreement.
Article 23. Foreclosure of third parties on the subject of leasing
1. The subject of leasing cannot be subject to foreclosure by a third party for the obligations of the lessee, including in cases where the subject of leasing is registered in the name of the lessee.
2. Collections of third parties against the lessor’s property can only be attributed to this object of the lessor’s property rights in relation to the leased asset. As a result of satisfying the foreclosure, the acquirer of the lessor's rights in relation to the leased asset is necessarily transferred not only to the rights, but also to the obligations of the lessor defined in the leasing agreement.
Article 24. Deleted
Article 25. Deleted
Article 26. Obligations of the lessee in case of loss of the leased asset
The loss of the leased asset or the loss of its functions by the leased asset due to the fault of the lessee does not relieve the lessee from obligations under the leasing agreement, unless otherwise provided by the leasing agreement.
Chapter III. Economic fundamentals of leasing
Article 27. Deleted
Article 28. Leasing payments
1. Leasing payments mean the total amount of payments under the leasing agreement for the entire term of the leasing agreement, which includes reimbursement of the lessor’s costs associated with the acquisition and transfer of the leased asset to the lessee, reimbursement of costs associated with the provision of other services provided for in the leasing agreement, as well as income lessor. The total amount of the leasing agreement may include the redemption price of the leased asset if the leasing agreement provides for the transfer of ownership of the leased asset to the lessee.
2. The amount, method of making and frequency of leasing payments are determined by the leasing agreement, taking into account this Federal Law.
If the lessee and the lessor make payments for lease payments using products (in kind) produced using the leased asset, the price for such products is determined by agreement of the parties to the leasing agreement.
Unless otherwise provided by the leasing agreement, the amount of lease payments may be changed by agreement of the parties within the time limits provided for in this agreement, but not more than once every three months.
3. The lessee's obligations to pay lease payments begin from the moment the lessee begins using the leased asset, unless otherwise provided by the leasing agreement.
4. For profit tax purposes, leasing payments are classified in accordance with the legislation on taxes and fees as expenses associated with production and (or) sales.
Article 29. Deleted
Article 30. Deleted
Article 31. Repealed
Article 32. Deleted
Article 33. Deleted
Article 34. Repealed
Article 35. Prevention, limitation and suppression of monopolistic activities and unfair competition
Prevention, limitation and suppression of monopolistic activities and unfair competition in the leasing services market are ensured by the federal antimonopoly authority in accordance with the antimonopoly legislation of the Russian Federation.
Chapter IV. State support for leasing activities
Article 36. Measures of state support for leasing activities
Measures of state support for the activities of leasing organizations (companies, firms), established by the laws of the Russian Federation and decisions of the Government of the Russian Federation, as well as decisions of state authorities of the constituent entities of the Russian Federation within their competence, may be:
development and implementation of a federal program for the development of leasing activities in the Russian Federation or in a separate region as part of the program for the medium and long-term socio-economic development of the Russian Federation or region;
creation of collateral funds to ensure bank investments in leasing using state property;
equity participation of state capital in the creation of infrastructure for leasing activities in certain targeted investment and leasing projects;
measures of state protectionism in the development, production and use of knowledge-intensive high-tech equipment;
financing from the federal budget and provision of state guarantees for the implementation of leasing projects (Development Budget of the Russian Federation), including with the participation of non-resident firms;
providing investment loans for the implementation of leasing projects;
providing banks and other credit institutions, in the manner established by the legislation of the Russian Federation, with exemption from paying tax on profits received by them from providing loans to leasing entities for a period of at least three years for the implementation of the leasing agreement;
provision by law of tax and credit benefits to leasing companies (firms) in order to create favorable economic conditions for their activities;
creation, development, formation and improvement of the regulatory framework that ensures the protection of the legal and property interests of participants in leasing activities;
granting lessees engaged in processing or procurement of agricultural products the right to make lease payments by supplying products on the terms provided for in leasing agreements;
when carrying out leasing operations in the agro-industrial complex, classification of breeding animals as the subject of leasing;
creation of a fund of state guarantees for exports in the implementation of international leasing of domestic machinery and equipment.
Chapter V. Right of inspection and control
Article 37. Right to inspection of a leasing transaction
1. The lessor has the right to monitor the lessee’s compliance with the terms of the leasing agreement and other related agreements.
2. The purposes and procedure for inspection are stipulated in the leasing agreement and other related agreements between their participants.
3. The lessee is obliged to provide the lessor with unimpeded access to financial documents and the leased asset.
Article 38. The lessor’s right to financial control
1. The lessor has the right to financial control over the activities of the lessee in that part that relates to the subject of leasing, the formation of financial results of the lessee’s activities and the fulfillment by the lessee of obligations under the leasing agreement.
2. The purpose and procedure for financial control are provided for in the leasing agreement.
3. The lessor has the right to send written requests to the lessee for information necessary to exercise financial control, and the lessee is obliged to satisfy such requests.
Chapter VI. Final provisions
Article 39. Entry into force of this Federal Law
This Federal Law comes into force on the date of its official publication.
Invite the President of the Russian Federation to bring his regulations into compliance with this Federal Law.
The Government of the Russian Federation must, within six months, bring its regulations into conformity with this Federal Law.
| President of Russian Federation | B. Yeltsin |
Moscow Kremlin
October 29, 1998
N 164-FZ
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