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Elena Yurievna Ivanova
Commentary on the Federal Law of December 8, 2003 No. 164-FZ "On the Fundamentals of State Regulation of Foreign Trade Activities" (item-by-article)

Commentary on the Federal Law

"ON THE FOUNDATIONS OF STATE REGULATION OF FOREIGN TRADE ACTIVITIES"

(As amended by federal laws No. 122-FZ of August 22, 2004, No. 117-FZ of July 22, 2005, No. 19-FZ of February 2, 2006)

Chapter 1 General Provisions

Article 1 Purpose and scope of this federal law

1. This Federal Law defines the fundamentals state regulation 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 economic and political interests 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 to the Russian Federation, including the supply or purchase of military products, with the development and production of military products, as well as the features of state regulation of foreign trade activities in regarding goods, information, works, services, results intellectual activity, which can be used to create weapons mass destruction, means of its delivery, other types of weapons and military equipment, are established by international treaties of the Russian Federation, federal laws on military-technical cooperation between the Russian Federation and foreign states and export controls.

4. The provisions of this Federal Law concerning state regulation of foreign trade in services shall not apply to:

1) services provided in the performance of functions of public authorities not on a commercial basis and not on a competitive basis with one or more service providers;

2) services rendered in the course of carrying out 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 in the course of non-competition with one or more service providers of social security activities, including state pension provision, and activities under the guarantees of the Government of the Russian Federation or using state financial resources.

Federal Law No. 164-FZ of December 8, 2003 “On the Fundamentals of State Regulation of Foreign Trade Activities” (hereinafter referred to as the Law) determined the fundamentals of state regulation of foreign trade activities, taking into account the norms and rules of the World trade organization(WTO), delineated the powers of the Russian Federation and its subjects in the field of foreign trade.

Part 1 of the commented article defines the main objectives of the adoption of the Law:

ensuring favorable conditions for foreign trade activities;

protection of the economic and political interests of the Russian Federation.

The Law establishes the foundations of state regulation of foreign trade activities through the methods of customs and tariff regulation, non-tariff regulation, prohibitions and restrictions on international trade in services and intellectual property, economic and administrative measures that promote the development of foreign trade activities and are provided for by the Law. At the same time, the use of other methods of state regulation of foreign trade activities is not allowed.

The range of relations to which the Law applies is defined in part 2 of the commented article:

relations in the field of state regulation of foreign trade activities;

relationships directly related to such activities.

Relations directly related to foreign trade activities include activities aimed at developing foreign trade activities (crediting participants, functioning of systems of guarantees and insurance of export credits, organization of trade exhibitions, fairs, specialized symposiums, conferences and participation in them, conducting campaigns to promote Russian goods , services, intellectual property to world markets), as well as information support for foreign trade activities, maintaining foreign trade statistics, providing favorable conditions for the access of Russian persons to foreign markets, ensuring the foreign economic interests of the Russian Federation in foreign states, etc.

At the same time, in part 4 of the commented article, the following types of services are excluded from the scope of the Law:

rendered in the performance of the functions of public authorities not on a commercial basis and not on a competitive basis with one or more service providers;

provided in the course of the activities of the Central Bank of the Russian Federation for the purpose of performing the functions established by federal laws;

rendered in the course of carrying out, not on the terms of competition with one or more service providers, social security activities, including state pension provision, and activities under the guarantees of the Government of the Russian Federation or using state financial resources.

In part 3, the legislator determined the features of state regulation of foreign trade activities, i.e. special rules that do not contradict the fundamentals enshrined in the Law, but clarify, supplement and develop them in relation to certain areas of foreign trade activity. Such special rules may be established in relation to military products, as well as 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.

The specifics of state regulation of foreign trade activities in relation to import into the Russian Federation, export from the Russian Federation, development and production of military products are defined in the Law of July 19, 1998 No. 114-FZ "On military-technical cooperation of the Russian Federation with foreign states" (ed. . dated May 7, 2009). At the same time, military products in the mentioned Federal Law No. 114-FZ include weapons, military equipment, communication and control systems for troops, weapons and military equipment, explosives, engineering structures, equipment for combat use weapons and military equipment, life support systems for personnel of the armed forces, as well as the results of intellectual activity, including exclusive rights to them and information in the military-technical field.

Features of state regulation of foreign trade activities in relation to goods, information, works, services, results of intellectual activity that can be used in the creation of weapons of mass destruction, their means of delivery, other types of weapons and military equipment, are established in the Federal Law of July 18, 1999 No. No. 183-F3 "On Export Control" (as amended on May 7, 2009), as well as in the relevant international treaties the Russian Federation (for example, the Agreement of October 8, 1999 on the procedure for customs clearance and customs control of goods transported between the states parties to the Agreement on the establishment of a free trade zone, the Agreement of the CIS countries of April 15, 1994 on the establishment of a free trade zone, the Agreement of December 23, 1993 on interstate transportation of dangerous and discharge cargoes, Agreement of May 26, 1995 on the transportation of special cargoes and military products, Agreement of June 26, 1992 on coordination of work on export control of raw materials, materials, equipment, technologies and services that can be used to create weapons of mass destruction and missile delivery vehicles, Agreement of April 13, 1999 between the Government of the Russian Federation and the Government of the Republic of Belarus on a unified export control procedure).

Article 2. Basic concepts used in this Federal Law

For the purposes of this Federal Law, the following basic concepts are used:

1) a similar product - a product that, in terms of its functional purpose, application, quality and technical specifications completely identical to another product, or in the absence of such a completely identical product, a product that has characteristics close to those of another product;

2) reciprocity - the provision by one state (group of states) to another state (group of states) of a certain regime of international trade in exchange for the 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 course of foreign trade activities and providing for the exchange of goods, services, works, intellectual property, including a transaction that, along with the said exchange, provides for the use of monetary and (or) other means of payment in its implementation;

4) foreign trade activities - activities for the implementation of 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 the information is integral part these goods, foreign trade in intellectual property, if the transfer of information is carried out as a transfer of rights to objects of intellectual property, or foreign trade in services in other cases;

7) foreign trade in goods - import and (or) export of goods. The movement of goods from one part of the customs territory of the Russian Federation to another part of the customs 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 is not foreign trade in goods;

8) foreign trade in services - the provision of services (performance of work), including the production, distribution, marketing, delivery of services (work) and carried out by the methods 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 to restrict foreign trade in goods originating from these customs territories have been abolished in respect of practically all foreign trade in such goods in within these customs territories, with the exception of the possibility of applying, if necessary, such measures in the cases provided for in Articles 21, 32, 38 and 39 of this Federal Law. At the same time, the 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 - importation of goods into the customs territory of the Russian Federation without an obligation to re-export;

11) foreign person - an individual, a legal entity or an organization that is not a legal entity under the law of a foreign state, which are not Russian persons;

12) foreign customer of services - a foreign person who ordered services (works) or uses them;

13) foreign service provider - a foreign person providing services (performing work);

14) commercial presence - any form of business organization and other permitted by the legislation of the Russian Federation or the legislation of a foreign state; economic activity a foreign entity on the territory of the Russian Federation or a Russian entity on the territory of a foreign state for the purpose of rendering services, including by establishing a legal entity, a branch or representative office of a legal entity, or participating 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 service provider if the foreign entity (foreign entities), by virtue of its predominant participation in the authorized (reserve) capital of the Russian legal entity, or 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 through the customs territory of the Russian Federation of goods, Vehicle if such movement is only a part of the route starting and ending outside the customs territory of the Russian Federation;

16) directly competing product - a product that is comparable with another product in terms of its purpose, application, quality and technical characteristics, as well as other main properties in such a way that the buyer replaces or is ready to replace another product 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) passport of a foreign trade barter transaction - a document required to control foreign trade in goods, services, works, intellectual property, carried out on the basis of foreign trade barter transactions;

20) pre-shipment inspection - checking the quality, quantity, price, including its financial terms, and (or) the correctness of coding for customs purposes of goods intended for import into the Russian Federation;

21) Russian customer of services - a Russian person who ordered services (works) or uses them;

22) Russian service provider - a Russian person providing services (performing work);

23) Russian person - a legal entity established in accordance with the legislation of the Russian Federation, an individual who has a permanent or predominant place of residence in the territory of the Russian Federation, is a citizen of the Russian Federation or has the right to permanent residence in the Russian Federation, or is 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 by applying 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 to restrict 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, if necessary, such measures in the cases provided for in Articles 21, 32, 38 and 39 of this Federal Law. At the same time, 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 and mixed (river-sea) navigation vessels and space objects classified as immovable property, 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 customs territory of the Russian Federation without the obligation to re-import.

Article 2 of the Law defines the main, most important concepts used in the Law: foreign trade activity, foreign trade barter transaction, export, import of goods, etc.

In order to regulate the relations constituting the scope of application of the Law, the definitions of concepts contained in the commented article should be applied. If certain concepts are also defined in other legislative acts (for example, the concept of “goods”, along with the commented article, is also defined in Article 11 of the Customs Code of the Russian Federation; the concepts of “similar product” and “directly competing product” are also defined in Article 2 Federal Law No. 165-FZ of December 8, 2003 “On special protective, anti-dumping and countervailing measures when importing goods” (as amended on December 30, 2006), the terms defined in Article 2 of the Law are used for state regulation of foreign trade activities. Concepts not defined in the commented article, but used in the text of the Law, are given in the meanings contained in the regulatory legal acts of the customs, tax, currency, civil and other branches of the legislation of the Russian Federation.

Separate concepts defined in Art. 2 of the Law contain references to other articles of the Law and therefore deserve special attention. In particular, the term “pre-shipment inspection body” (clause 18 of the commented article) is a Russian or foreign legal entity determined by the Government of the Russian Federation following the results of a tender for the provision of pre-shipment inspection services, and operates on the basis of an agreement with the Government of the Russian Federation.

Foreign trade in services (clause 8 of the commented article) is the provision of services (performance of work), including production, distribution, marketing, delivery of services (work) and carried out in the following ways:

from the territory of the Russian Federation to the territory of a foreign state;

from the territory of a foreign state to the territory of the Russian Federation;

on the territory of the Russian Federation to a foreign customer of services;

on the territory of a foreign state to a Russian customer of services;

by a Russian service provider that does not have a commercial presence in the territory of a foreign state, through the presence of him or persons authorized to act on his behalf in the territory of a foreign state;

by a foreign service provider that does not have a commercial presence in the territory of the Russian Federation, through the presence of him or foreign persons authorized to act on his behalf in the territory of the Russian Federation;

by a Russian service provider through commercial presence on the territory of a foreign state;

by a foreign service provider through commercial presence on the territory of the Russian Federation.

It should be noted that the list of ways to carry out foreign trade in services is exhaustive, that is, it does not contain any mention of other ways to carry out foreign trade in services, except for those defined in Art. 33 of the Law. At the same time, the term "foreign trade in services" is more capacious, including more diverse ways of carrying out this type of trade, than the term "foreign trade in goods", which is defined only as the import and (or) export of goods.

A free trade zone (clause 9 of the commented article) is a customs territory where, in accordance with an international agreement with one or several states or groups of states, customs duties and other measures to restrict foreign trade in goods originating from these customs territories in relation to almost all foreign trade in such goods within these customs territories, with the exception of the possibility of applying, if necessary, such measures in the following cases:

1) the establishment by the Government of the Russian Federation of certain quantitative restrictions:

temporary restrictions or prohibitions on the export of goods to prevent or reduce a critical shortage in the domestic market of the Russian Federation of food or other products that are essential for the domestic market of the Russian Federation. The list of goods that are essential is defined in Decree of the Government of the Russian Federation dated December 15, 2007 No. 877 “On approval of the List of goods that are essential for the domestic market of the Russian Federation, in respect of which, in exceptional cases, temporary restrictions or export bans may be established »;

restrictions on imports of agricultural products or water biological resources if it is necessary to reduce the production or sale of a similar product of Russian origin, as well as a product of Russian origin, which can be directly replaced by an imported product, if there is no significant production of a similar product in the Russian Federation; remove from the market a temporary surplus of a similar product of Russian origin; restrict the production of products of animal origin, the production of which depends on the goods imported into the Russian Federation, if the production in the Russian Federation of a similar product is relatively insignificant. Food and agricultural products for the specified purposes are determined by the Government of the Russian Federation;

2) the introduction of measures that are not of an economic nature and affect foreign trade in goods and are introduced on the basis of national interests, if these measures:

necessary for the observance of public morality or the rule of law;

necessary to protect the life or health of citizens, the environment, the life or health of animals and plants; relate to imports or exports of gold or silver; used to protect cultural property; necessary to prevent the exhaustion of irreplaceable natural resources and are carried out simultaneously with the restriction of domestic production or consumption associated with the use of irreplaceable natural resources;

necessary for the acquisition or distribution of goods in case of their general or local shortage;

necessary to fulfill the international obligations of the Russian Federation;

necessary to ensure the defense of the country and the security of the state;

are necessary to ensure compliance with regulatory legal acts of the Russian Federation that do not contradict international treaties of the Russian Federation;

3) the adoption by the Government of the Russian Federation, on the proposal of the Central Bank of the Russian Federation, of measures to restrict foreign trade in goods, services and intellectual property in order to protect the external financial position and maintain balance in the balance of payments of the Russian Federation, if necessary:

stop a serious reduction in the foreign exchange reserves of the Russian Federation or prevent the threat of a serious reduction in the foreign exchange reserves of the Russian Federation;

achieve a reasonable rate of increase in the foreign exchange reserves of the Russian Federation (if the foreign exchange reserves are very small);

restriction of foreign trade in goods, services and intellectual property associated with the measures of foreign exchange regulation or foreign exchange control.

It should be noted that the same measures to restrict foreign trade in goods can also be introduced on the territory of the customs union, which represents a single customs territory, which, on the basis of an international agreement, replaces two or more customs territories and within which customs duties and other measures to restrict foreign trade are abolished. goods originating from a single customs territory, in respect of substantially all trade in such goods within that customs territory, except for the measures specified above in relation to foreign trade in goods in a free trade area.

The objectives of this Federal Law are the development of forms of investment in means of production on the basis of financial lease (leasing) (hereinafter referred to as leasing), the protection of property rights, the rights of participants in the investment process, and ensuring the effectiveness of investment.

This Federal Law defines the legal, organizational and economic features of leasing.

Chapter I. General Provisions

83-FZ Paragraph 1 of Article 1 of this Federal Law was amended to come into force on January 1, 2011.

1. The scope of this Federal Law is the leasing of property related to non-consumable things (except for land plots and other natural objects) transferred into temporary possession and use by individuals and legal entities.

Federal Law No. 83-FZ of May 8, 2010 supplemented Article 1 of this Federal Law with Clause 2, which shall enter into force on January 1, 2011.

2. If the lessee is a budgetary institution, the provisions of paragraph 1 of this Federal Law shall apply subject to the provisions of the legislation of the Russian Federation establishing the specifics of the legal status of budgetary institutions, the provisions of paragraph two of paragraph 2 of Article 28 of this Federal Law on budget institutions do not apply.

The following basic concepts are used in this Federal Law:

leasing- a set of economic and legal relations arising in connection with the implementation of a leasing agreement, including the acquisition of a leased asset;

lease agreement- an agreement in accordance with which the lessor (hereinafter referred to as the lessor) undertakes to acquire ownership of the property indicated by the lessee (hereinafter referred to as the lessee) from the seller specified by him and provide the lessee with this property for a fee for temporary possession and use. The leasing agreement may provide that the choice of the seller and the acquired property is carried out by the lessor;

leasing activity- type of investment activity for the acquisition of property and its transfer to leasing.

Federal Law No. 83-FZ of May 8, 2010 amended Clause 1 of Article 3 of this Federal Law, which shall enter into force on January 1, 2011.

1. The subject of leasing may be any non-consumable items, including enterprises and other property complexes, buildings, structures, equipment, vehicles and other movable and immovable property.

Federal Law No. 130-FZ of July 26, 2006 reworded Item 2 of Article 3 of this Federal Law

2. The subject of leasing cannot be land plots and other natural objects, as well as property that is prohibited by federal laws for free circulation 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 No. 114-FZ of July 19, 1998 "On military-technical cooperation of the Russian Federation with foreign states" in the manner established by the President of the Russian Federation, and technological equipment of foreign production, the leasing of which is carried out in the manner established by the President of the Russian Federation.

1. The subjects of leasing are:

lessor- an individual or legal entity that, at the expense of attracted and (or) own funds, acquires property during the implementation of a leasing agreement and provides it as a subject of leasing to the lessee for a certain fee, for a certain period and under certain conditions for temporary possession and use with or without transfer of ownership of the leased asset to the lessee;

lessee- an individual or legal entity that, in accordance with the leasing agreement, is obliged to accept the object of leasing for a certain fee, for a certain period and under certain conditions for temporary possession and use in accordance with the leasing agreement;

salesman- an individual or legal entity that, in accordance with a sale and purchase agreement with a lessor, sells to the lessor within a specified period of time the property that is the subject of leasing. The seller is obliged to transfer the object of leasing to the lessor or lessee in accordance with the terms of the contract of sale. The seller may simultaneously act as a lessee within the same leasing relationship.

2. Any of the subjects of leasing may be a resident of the Russian Federation or a non-resident of the Russian Federation.

1. Leasing companies (firms)- 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 with their constituent documents.

2. The founders of leasing companies (firms) may be legal entities, individuals (residents of the Russian Federation or non-residents of the Russian Federation).

3. Leasing company- non-resident of the Russian Federation - a foreign legal entity engaged in leasing activities on the territory of the Russian Federation.

4. Leasing companies have the right to raise funds from legal and (or) individuals(residents of the Russian Federation and non-residents of the Russian Federation) to carry out leasing activities in accordance with the procedure established by the legislation of the Russian Federation.

Excluded

1. The main forms of leasing are domestic leasing and international leasing.

In case of internal 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 conditions for the provision of additional services and additional work.

Additional services (works)- services (works) of any kind rendered by the lessor both before the start of use and in the process of using the object of leasing by the lessee and directly related to the implementation of the leasing agreement.

The list, volume and cost of additional services (works) are determined by agreement of the parties.

1. Subleasing- type of sublease of the subject of leasing, in which the lessee under the leasing agreement transfers to third parties (lessees under the subleasing agreement) for possession and use for a fee and for a period in accordance with the terms of the subleasing agreement the property previously received from the lessor under the leasing agreement and constituting the subject of leasing .

When transferring property to subleasing, the right to claim against the seller passes to the lessee under a subleasing agreement.

2. When transferring the object of leasing for subleasing, the consent of the lessor in writing is mandatory.

Excluded

Chapter II. Legal basis of leasing relations

1. The rights and obligations of the parties to a leasing agreement are governed by the civil legislation of the Russian Federation, this Federal Law and the leasing agreement.

2. In the course of leasing, the lessee shall have the right to present directly to the seller of the object of leasing requirements for quality and completeness, the terms for fulfilling the obligation to transfer the goods and other requirements established by the legislation of the Russian Federation and the sale and purchase agreement between the seller and the lessor.

1. The object of leasing 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 shall pass to the lessee in full, unless otherwise provided by the lease agreement.

3. The right of the lessor to dispose of the leased asset includes the right to withdraw the leased asset from the possession and use of the lessee in the cases and in the manner provided for by the legislation of the Russian Federation and the lease agreement.

Excluded

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 debited from the lessee's account in an indisputable manner by sending the lessor to the bank or other credit institution in which the lessee's account is opened, an instruction to write off from his account Money within the amounts of overdue lease payments. An indisputable write-off of funds does not deprive the lessee of the right to apply to the court.

2. The lessor has the right to demand early termination of the leasing agreement and the return of the property by the lessee within a reasonable time 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, shall be borne by the lessee.

Excluded

1. A leasing agreement, regardless of the term, is concluded in writing.

2. In order to fulfill their obligations under a leasing agreement, leasing entities enter into binding and related agreements.

A binding contract is a contract of sale.

Related agreements include an agreement on raising funds, a pledge agreement, a guarantee agreement, a surety agreement, and others.

3. The leasing agreement must contain data that make it possible to definitely identify the property to be transferred to the lessee as the subject of leasing. In the absence of these data in the leasing agreement, the condition on the subject to be transferred to leasing is considered not agreed by the parties, and the leasing agreement is not considered concluded.

4. On the basis of a leasing agreement, the lessor undertakes:

acquire certain property from a certain seller in order to transfer it for a certain fee for a certain period, under certain conditions, as a subject of leasing to the lessee;

5. Under the leasing agreement, the lessee undertakes:

accept the subject of leasing in the manner prescribed by the specified leasing agreement;

pay the lessor leasing payments in the manner and within the time limits stipulated by the leasing agreement;

at the end of the term of the leasing agreement, return the object of leasing, unless otherwise provided by the specified leasing agreement, or acquire the object of leasing into ownership on the basis of a purchase and sale agreement;

fulfill other obligations arising from the content of the lease agreement.

6. The leasing agreement may stipulate circumstances that the parties consider to be an indisputable and obvious breach of obligations and which lead to the termination of the leasing agreement and the withdrawal of the leased asset.

7. The leasing agreement may provide for the right of the lessee to extend the leasing period while maintaining or changing the terms of the leasing agreement.

Excluded

1. The lessor is obliged to provide the lessee with the property that is the subject of leasing in a condition that complies with the terms of the leasing agreement and the purpose of this property.

2. The subject of leasing is leased together with all its accessories and all documents (technical passport and others), unless otherwise provided by the leasing agreement.

3. The lessee shall at his own expense carry out maintenance of the leasing object and ensure its safety, as well as carry out major and current repairs of the leasing object, unless otherwise provided by the leasing agreement.

4. Upon termination of the lease agreement, the lessee shall be 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 due to the lease agreement.

5. If the lessee did not return the object of leasing or returned it untimely, the lessor has the right to demand payment for the time of delay. If the said payment does not cover the losses caused to the lessor, he may demand their compensation.

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 object of leasing are his property, unless otherwise provided by the leasing agreement.

8. If the lessee, with the written consent of the lessor, made at his own expense improvements to the object of leasing that are inseparable without harm to the object of leasing, the lessee shall have the right after the 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 consent in writing of the lessor, made at his own expense improvements to the leased asset that are inseparable without harm to the subject of the lease, and unless otherwise provided by federal law, the lessee shall not have the right, after the termination of the lease agreement, to reimburse the cost of these improvements .

1. The lessor may assign to a third party all or part of its rights under the lease agreement.

2. The lessor has the right, in order to attract funds, to use as collateral the object of leasing, 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 subject of leasing.

1. The leasing agreement may provide that the object of leasing is transferred into the ownership of the lessee upon the expiration of the term of the leasing agreement or before its expiration on the terms stipulated by the agreement of the parties.

2. The federal law may establish cases of prohibition of the transfer of ownership of the subject of leasing to the lessee.

1. In the cases provided for by the legislation of the Russian Federation, the 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, marine and other vessels, other property) apply to the lessor or lessee by mutual agreement.

2. Leasing items subject to registration with state bodies (vehicles, high-risk equipment and other leasing 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 entrust the lessee with the registration of the object of leasing in the name of the lessor. At the same time, information about the owner and owner (user) of the property must be indicated in the registration documents. In case of termination of the contract and withdrawal by the lessor of the subject of leasing, at the request of the latter, the state bodies that carried out the registration are obliged to cancel the record of the owner (user).

1. The object of leasing 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 expiration of the term of the leasing agreement, unless otherwise provided by the agreement. The parties acting as the insured and the beneficiary, as well as the period of insurance of the leased asset are determined by the lease 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 specified by the legislation of the Russian Federation, must insure his liability for the fulfillment of obligations arising from damage to 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 lease agreement in favor of the lessor.

1. Responsibility for the safety of the subject of leasing from all types of property damage, as well as for the risks associated with its death, loss, damage, theft, premature failure, an error made during its installation or operation, and other property risks from the moment of actual acceptance of the subject lease is borne by the lessee, unless otherwise provided by the lease agreement.

2. The risk of failure by the seller to fulfill obligations under the contract of sale of the object of leasing and related losses shall be borne by the party to the leasing contract that chose the seller, unless otherwise provided by the leasing contract.

3. The risk of non-compliance of the object of leasing with the purposes of using this object under the leasing agreement and the losses associated with this shall be borne by the party that has chosen the object of leasing, unless otherwise provided by the leasing agreement.

1. The object of leasing may not be levied against a third party for the obligations of the lessee, including in cases where the object of leasing is registered in the name of the lessee.

2. Collections of third parties directed at the lessor's property may be attributed only to the given object of the lessor's property right in relation to the subject of leasing. As a result of satisfaction of the penalty, the acquirer of the rights of the lessor in relation to the leased asset transfers not only the rights, but also the obligations of the lessor specified in the lease agreement.

Excluded

Excluded

The loss of the object of leasing or the loss of its functions by the object of leasing through the fault of the lessee does not release the lessee from obligations under the leasing agreement, unless otherwise provided by the leasing agreement.

Chapter III. Economic fundamentals leasing

Excluded

1. Lease payments are understood as the total amount of payments under the leasing agreement for the entire term of the leasing agreement, which includes the reimbursement of the lessor's costs associated with the acquisition and transfer of the leased asset to the lessee, the reimbursement of costs associated with the provision of other services provided for by the leasing agreement, as well as income lessor. The total amount of the lease agreement may include the redemption price of the leased asset if the lease 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 subject to this Federal Law.

If the lessee and the lessor make settlements on lease payments with 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 leasing payments may be changed by agreement of the parties within the time period provided for by this agreement, but not more often than once every three months.

3. The obligations of the lessee to pay lease payments come from the moment the lessee begins to use the object of leasing, unless otherwise provided by the leasing agreement.

4. For the purpose of taxation of profits, leasing payments are included in accordance with the legislation on taxes and fees to expenses related to production and (or) sale. Excluded

Federal Law No. 122-FZ of August 22, 2004 declared Items 3 and 4 of Article 34 of this Federal Law invalid as of January 1, 2005.

Federal Law No. 186-FZ of December 23, 2003 suspended Clause 3 of Article 34 of this Federal Law from January 1 to December 31, 2004.

Federal Law No. 176-FZ of December 24, 2002 suspended Items 3 and 4 of Article 34 of this Federal Law from January 1 to December 31, 2003.

Has expired

Prevention, restriction and suppression of monopolistic activity and unfair competition in the market of leasing services are provided by the federal antimonopoly body in accordance with the antimonopoly legislation of the Russian Federation.

Chapter IV. Governmental support 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, can 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 a 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 science-intensive high-tech equipment;

financing from the federal budget and the provision of state guarantees for the implementation of leasing projects (Development Budget of the Russian Federation), including those with the participation of non-resident companies;

provision of investment loans for the implementation of leasing projects;

providing banks and other credit institutions, in the manner prescribed 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 a leasing agreement;

legal provision 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 to lessees, processing or harvesting agricultural products, the right to make lease payments by deliveries of products on the terms stipulated by leasing agreements;

reference in the implementation of leasing operations in the agro-industrial complex to the subject of leasing of breeding animals;

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

1. The lessor has the right to exercise control over the observance by the lessee of the terms of the leasing agreement and other related agreements.

2. The objectives 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 unhindered access to financial documents and the subject of leasing.

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 the 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 by the leasing agreement.

3. The lessor has the right to send requests in writing to the lessee to provide information necessary for the implementation of financial control, and the lessee is obliged to satisfy such requests.

Chapter VI. Final provisions

This Federal Law shall enter into force on the day of its official publication.

Propose to the President of the Russian Federation to bring its regulations in line with this Federal Law.

The Government of the Russian Federation shall, within six months, bring its normative acts in line with this Federal Law.

President of the Russian Federation B. Yeltsin

Moscow Kremlin

Import and (or) export of goods. The movement of goods from one part of the customs territory of the Russian Federation to another part of the customs 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 is not foreign trade in goods;

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.

The Russian Federation, subjects of the Russian Federation and municipalities carry out foreign trade activities only in cases established by federal laws.

5) establishes the permissive procedure for export and (or) import certain types goods that may adversely affect the security of the state, the life or health of citizens, the property of individuals or legal entities, state or municipal property, environment, life or health of animals and plants, and also determines the list of certain types of goods in respect of which such a procedure is applied;

4. The federal executive body specified in part 1 of this article may decide not to hold consultations in accordance with parts 1 and 2 of this article if any of the following conditions exist:

2) implementation of the licensing procedure for the export and (or) import of certain types of goods that may adversely affect the security of the state, the life or health of citizens, the property of individuals or legal entities, state or municipal property, the environment, the life or health of animals and plants;

3. Expenses for the implementation of the pre-shipment inspection shall be borne by the importer of the goods in respect of which the pre-shipment inspection is introduced. Simultaneously with the adoption of a decision on the introduction of a pre-shipment inspection, the Government of the Russian Federation reduces the rates of customs duties on goods in respect of which such an inspection is introduced.

3. Goods originating in a foreign state or groups of foreign states shall be granted treatment no less favorable than the treatment granted to similar goods of Russian origin or directly competing goods of Russian origin in relation to sale, offer for sale, purchase, transportation, distribution or use in the domestic market of the Russian Federation. This provision does not preclude the application of differentiated payments related to transportation and based solely on the cost of operating the means of transport and not on the origin of the goods.

4. The decision to introduce measures to restrict foreign trade in goods, services and intellectual property specified in Part 1 of this Article shall be taken by the Government of the Russian Federation on the proposal of the Central Bank of the Russian Federation.

Persons guilty of violating the legislation of the Russian Federation on foreign trade activities bear civil, administrative or criminal liability in accordance with the legislation of the Russian Federation.

8) foreign trade in services - the provision of services (performance of work), including the production, distribution, marketing, delivery of services (work) and carried out by the methods specified in Article 33 of this Federal Law;

2. The trade policy of the Russian Federation is based on the observance of generally recognized principles and norms international law, as well as obligations arising from international treaties of the Russian Federation.

6) determine the procedure for licensing in the field of foreign trade in goods and the procedure for the formation and maintenance of the federal bank of issued licenses;

1) the measures provided for by a draft regulatory legal act of the Russian Federation affecting the right to carry out foreign trade activities should not be known until it enters into force and holding consultations will or may lead to failure to achieve the goals provided for by such a regulatory legal act;

1) temporary restrictions or prohibitions on the export of goods to prevent or reduce a critical shortage in the domestic market of the Russian Federation of food or other products that are essential for the domestic market of the Russian Federation. The list of essential goods is determined by the Government of the Russian Federation;

4. Goods originating from a foreign state or groups of foreign states that do not have international agreements with the Russian Federation on granting goods of Russian origin the regime provided for in parts 2 and 3 of this article may be granted a different regulatory regime in accordance with the legislation of the Russian Federation.

8) are necessary to ensure compliance with the regulatory legal acts of the Russian Federation that do not contradict the provisions of this Federal Law, including:

1. If, in accordance with this Federal Law, prohibitions and restrictions on foreign trade in goods, services and intellectual property are established, such prohibitions and restrictions shall also apply to foreign trade in goods, services and intellectual property carried out using foreign trade barter transactions.

In connection with the rapid socio-economic development of the Russian Federation, entrepreneurial activity in the field of import and export of goods, services and the results of intellectual work requires constant reform and control. For this purpose, a valid Federal Law on foreign trade activities was created.

Federal Law "On the Fundamentals of State Regulation of Foreign Trade Activities" N 164-FZ (act dated December 8, 2003) adopted on November 21, 2003, entered into force on November 26, 2003 of the year. The provision of the current Federal Law is used in relation to the official regulation of foreign trade operations. This legal act regulates the regulation of import and export flows and the powers of the constituent entities of the Russian Federation in the field of foreign trade activity. FZ-164 provides for ways to legally protect the interests of the Russian Federation in the areas of economics and politics.

The Federal Law "On the Fundamentals of State Regulation of Foreign Trade Activities" in the Russian Federation cannot be applied to the following types of activities:

• Non-commercial and non-competing services provided by representatives of public authorities;
• Services provided by the Central Bank of Russia (CBR) in accordance with the functions established by the Federal Laws;
• Activities for the provision of services within the framework of social (including pension) provision, subject to the guarantee of the Government of the Russian Federation, the absence of competition with other social security agencies or the exploitation of public financial resources.

The basis for the state regulation of foreign trade activity is the Constitution of the Russian Federation. Regulation is carried out through compliance with the criteria established by the current 164-FZ, generally accepted norms of international law and the principles of international diplomatic agreement.

As part of the implementation of foreign trade transactions, the subjects of the Russian Federation are authorized to translate negotiations with subjects of foreign states. Negotiations with a foreign state government are possible only with the consent of the Government of the Russian Federation ( Art. 8, item 1).

In the Federal Law on foreign trade activity, there are concepts:

• Similar product - corresponding to the maximum number general characteristics with another object of trade, goods;
• Reciprocity - mutual activity between the constituent entities of the Russian Federation and foreign entities to create mutually beneficial conditions and regimes for foreign trade activities;
• Barter deal - an agreement on the exchange of goods, services and fruits of intellectual labor;
• foreign trade activity - activity on the implementation of transactions in the field of foreign trade;
• Foreign trade in intellectual property - a set of transactions between foreign and Russian persons for the transfer of rights to intellectual assets;
• Foreign trade in information - implementation of informative broadcasts;
• Foreign trade in goods - international trade between the Russian Federation and foreign states;
• Free trade zone - customs territories where goods are sold without customs duties.

Any citizen of the Russian Federation and a foreign person can become a participant in foreign trade activities. Restrictions on this right are provided for by the Federal Law under consideration and the standards established in international treaties of the Russian Federation.

Protection of the economic interests of the Russian Federation carried out by monitoring foreign trade activities from the position of the competent public authorities (art. 52). Controlling the processes of import and export of intellectual, information and material products, these bodies ensure compliance with the standards of the Federal Law 164-FZ.

According to Art. 40 of this law, when sanctions are imposed by a foreign state, the Russian Federation is authorized to take measures. In cases of non-compliance with the economic interests of the Russian Federation, no legal protection of trade interests, the Government of the Russian Federation makes a decision on the regime for introducing retaliatory measures.

Download FZ 164

In order to obtain reliable information on international trade and foreign trade activities, it is necessary to familiarize yourself with the text “Federal Law “On the Fundamentals of State Regulation of Foreign Trade Activities” N 164-FZ”. Download the current text with the latest amendments

The text of the Federal Law on technical regulation as amended for 2018

Recent amendments to the law on foreign economic activity

The last amendment to the current law was made by Federal Law No. 233-FZ of July 13, 2015 (edited on July 3, 2016) . The changes affected article 6 of this law. In the new edition, p. 6 is supplemented by clause 6.1, which determines the sequence of transfer of powers in the foreign economic area from state executive authorities to local executive authorities of the constituent entities of the Russian Federation. The corresponding powers in foreign trade activities are transferred in accordance with the letter of the Federal Law N 184-FZ "On general principles organizations of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation”, adopted on October 6, 1999.

Earlier, no less important amendments were made in other articles of the law under consideration. AT Art. 4, introducing into the basic principles of the federal stabilization of foreign trade activity, has become invalid point 3 (Decree of the Federal Law of 06.12.2011 N 409-FZ).

According to the 2015 amendments, the goal of the economic policy of the Russian Federation is to provide optimal conditions for Russian trade, exporters, producers and consumers of goods and services ( Art. 5 of this federal law).

Updated text article 12 of the law on the basics of state regulation of foreign trade activity reveals the methodology for stabilizing actions in the area under consideration. The organization of piecework activities is carried out by streamlining:

• Customs-tariff type;
• Non-tariff type;
• Sanctions on the export of information, intellectual and material services and goods;
• Administrative and economic measures affecting the development of trade relations and provided for by federal legislation.

Other methods of federal regulation of foreign trade activities unacceptable.

Elena Yurievna Ivanova

Commentary on the Federal Law of December 8, 2003 No. 164-FZ "On the Fundamentals of State Regulation of Foreign Trade Activities" (item-by-article)

Commentary on the Federal Law

"ON THE FOUNDATIONS OF STATE REGULATION OF FOREIGN TRADE ACTIVITIES"

(As amended by federal laws No. 122-FZ of August 22, 2004, No. 117-FZ of July 22, 2005, No. 19-FZ of February 2, 2006)

Chapter 1 General Provisions

Article 1. Purposes and Scope of Application of this Federal Law

1. This Federal Law defines the fundamentals 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 to the Russian Federation, including the supply or purchase of military products, with the development and production of military products, as well as the 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 means of delivery, other types of weapons and military equipment, are established by international treaties of the Russian Federation, federal laws on military-technical cooperation between the Russian Federation and foreign countries and on export control.

4. The provisions of this Federal Law concerning state regulation of foreign trade in services shall not apply to:

1) services provided in the performance of functions of public authorities not on a commercial basis and not on a competitive basis with one or more service providers;

2) services rendered in the course of carrying out 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 in the course of non-competition with one or more service providers of social security activities, including state pension provision, and activities under the guarantees of the Government of the Russian Federation or using state financial resources.

Federal Law No. 164-FZ of December 8, 2003 “On the Fundamentals of State Regulation of Foreign Trade Activities” (hereinafter referred to as the Law) determined the foundations for state regulation of foreign trade activities, taking into account the rules and regulations of the World Trade Organization (WTO), delimited the powers of the Russian Federation and its subjects in the field of foreign trade activity.

Part 1 of the commented article defines the main objectives of the adoption of the Law:

ensuring favorable conditions for foreign trade activities;

protection of the economic and political interests of the Russian Federation.

The Law establishes the foundations of state regulation of foreign trade activities through the methods of customs and tariff regulation, non-tariff regulation, prohibitions and restrictions on international trade in services and intellectual property, economic and administrative measures that promote the development of foreign trade activities and are provided for by the Law. At the same time, the use of other methods of state regulation of foreign trade activities is not allowed.

The range of relations to which the Law applies is defined in part 2 of the commented article:

relations in the field of state regulation of foreign trade activities;

relationships directly related to such activities.

Relations directly related to foreign trade activities include activities aimed at developing foreign trade activities (crediting participants, functioning of systems of guarantees and insurance of export credits, organization of trade exhibitions, fairs, specialized symposiums, conferences and participation in them, conducting campaigns to promote Russian goods , services, intellectual property to world markets), as well as information support for foreign trade activities, maintaining foreign trade statistics, providing favorable conditions for Russian persons to access foreign markets, ensuring the foreign economic interests of the Russian Federation in foreign states, etc.

At the same time, in part 4 of the commented article, the following types of services are excluded from the scope of the Law:

rendered in the performance of the functions of public authorities not on a commercial basis and not on a competitive basis with one or more service providers;

provided in the course of the activities of the Central Bank of the Russian Federation for the purpose of performing the functions established by federal laws;

rendered in the course of carrying out, not on the terms of competition with one or more service providers, social security activities, including state pension provision, and activities under the guarantees of the Government of the Russian Federation or using state financial resources.

In part 3, the legislator determined the features of state regulation of foreign trade activities, i.e. special rules that do not contradict the fundamentals enshrined in the Law, but clarify, supplement and develop them in relation to certain areas of foreign trade activity. Such special rules may be established in relation to military products, as well as 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.

The specifics of state regulation of foreign trade activities in relation to import into the Russian Federation, export from the Russian Federation, development and production of military products are defined in the Law of July 19, 1998 No. 114-FZ "On military-technical cooperation of the Russian Federation with foreign states" (ed. . dated May 7, 2009). At the same time, military products in the mentioned Federal Law No. 114-FZ include weapons, military equipment, communication and control systems for troops, weapons and military equipment, explosives, engineering structures, equipment for the combat use of weapons and military equipment, support systems life of the personnel of the armed forces, as well as the results of intellectual activity, including exclusive rights to them and information in the military-technical field.

Features of state regulation of foreign trade activities in relation to goods, information, works, services, results of intellectual activity that can be used in the creation of weapons of mass destruction, their means of delivery, other types of weapons and military equipment, are established in the Federal Law of July 18, 1999 No. No. 183-F3 "On Export Control" (as amended on May 7, 2009), as well as in the relevant international treaties of the Russian Federation (for example, the Agreement of October 8, 1999 on the procedure for customs clearance and customs control of goods transported between states - participants of the Agreement on the establishment of a free trade zone, the Agreement of the CIS countries of April 15, 1994 on the establishment of a free trade zone, the Agreement of December 23, 1993 on interstate transportation of dangerous and discharge cargoes, the Agreement of May 26, 1995 on the transportation of special cargoes and military products, Agreement of June 26, 1992 on the coordination of work on surveys of export control of raw materials, materials, equipment, technologies and services that can be used to create weapons of mass destruction and missile delivery vehicles, Agreement of April 13, 1999 between the Government of the Russian Federation and the Government of the Republic of Belarus on a unified procedure for export control).