home For a beginner Federal Law No. 209. Law on Entrepreneurial Activity in the Russian Federation. The subject of regulation of this Federal Law

Federal Law No. 209. Law on Entrepreneurial Activity in the Russian Federation. The subject of regulation of this Federal Law

1. Subjects of small and medium-sized businesses include business entities registered in accordance with the legislation of the Russian Federation and meeting the conditions established by part 1.1 of this article, business partnerships, business partnerships, production cooperatives, consumer cooperatives, peasant (farm) households and individual entrepreneurs.

1.1. In order to classify business entities, business partnerships, business partnerships, production cooperatives, consumer cooperatives, peasant (farmer) households and individual entrepreneurs as small and medium-sized businesses, the following conditions must be met:

1) for business entities, business partnerships, business partnerships, at least one of the following requirements must be met:

a) participants in a business company or business partnership - the Russian Federation, constituent entities of the Russian Federation, municipal formations, public or religious organizations (associations), charitable and other funds (except for investment funds) own in total no more than twenty-five percent of the shares in the authorized capital of the company with limited liability or the pooled capital of a business partnership or no more than twenty-five percent of the voting shares of a joint-stock company, and the participants of a business company or a business partnership - foreign legal entities and (or) legal entities that are not small and medium-sized businesses, own a total of no more than forty-nine percent of shares in the authorized capital of a limited liability company or the pooled capital of an economic partnership, or not more than forty-nine percent of the voting shares of a joint-stock company. The limitation provided for by this sub-clause in relation to the total share of participation of foreign legal entities and (or) legal entities that are not small and medium-sized businesses, does not apply to:

for members of business entities - foreign legal entities whose income received from the implementation entrepreneurial activity for the previous calendar year does not exceed the limit value established by the Government of the Russian Federation for medium-sized enterprises in accordance with paragraph 3 of this part, and the average number of employees of which for the previous calendar year does not exceed the limit value specified in subparagraph "b" of paragraph 2 of this part ( with the exception of foreign legal entities whose state of permanent residence is included in the list of states and territories approved in accordance with subparagraph 1 of paragraph 3 of Article 284 of the Tax Code of the Russian Federation that provide a preferential tax regime for taxation and (or) do not provide for the disclosure and provision of information when conducting financial transactions (offshore zones);

for business entities that meet the conditions specified in subparagraphs "b" - "e" of this paragraph;

b) shares of a joint stock company circulating on an organized market valuable papers, are classified as shares in the high-tech (innovative) sector of the economy in accordance with the procedure established by the Government of the Russian Federation;

c) the activity of economic societies, economic partnerships consists in the practical application (implementation) of the results of intellectual activity (programs for electronic computers, databases, inventions, utility models, industrial designs, selection achievements, topologies of integrated circuits, production secrets (know-how) , the exclusive rights to which belong to the founders (participants), respectively, of such business entities, business partnerships - budgetary, autonomous scientific institutions or being budgetary institutions, autonomous institutions educational organizations higher education;

d) business companies, business partnerships received the status of a project participant in accordance with the Federal Law of September 28, 2010 N 244-FZ "On the Skolkovo Innovation Center";

e) founders (participants) of business entities, business partnerships are legal entities included in the list of legal entities that provide state support approved by the Government of the Russian Federation innovation activities in the forms established by the Federal Law of August 23, 1996 N 127-FZ "On Science and State Scientific and Technical Policy". Legal entities are included in this list in accordance with the procedure established by the Government of the Russian Federation, provided that one of the following criteria is met:

legal entities are public joint stock companies, at least fifty percent of whose shares are owned by the Russian Federation, or business companies in which these are public joint stock companies have the right to directly and (or) indirectly dispose of more than fifty percent of the votes attributable to voting shares (stakes) constituting the authorized capital of such economic companies, or have the opportunity to appoint a sole executive body and (or) more than half of the composition of the collegial executive body, and the ability to determine the election of more than half of the members of the board of directors (supervisory board);

legal entities are state corporations established in accordance with Federal Law No. 7-FZ of January 12, 1996 "On Non-Commercial Organizations";

legal entities were created in accordance with the Federal Law of July 27, 2010 N 211-FZ "On reorganization Russian corporation nanotechnology ";

2) the average number of employees for the previous calendar year of business entities, business partnerships, business partnerships that meet one of the requirements specified in paragraph 1 of this part, production cooperatives, consumer cooperatives, peasant (farmer) enterprises, individual entrepreneurs should not exceed the following limit values average headcount employees for each category of small and medium-sized businesses:

a) up to one hundred people for small businesses (among small businesses, micro-enterprises stand out - up to fifteen people);

b) from one hundred one to two hundred and fifty people for medium-sized enterprises, unless a different limit value for the average number of employees for medium-sized enterprises is established in accordance with paragraph 2.1 of this part;

2.1) The Government of the Russian Federation has the right to establish the limit value of the average number of employees for the previous calendar year in excess of that established by subparagraph "b" of paragraph 2 of this part for medium-sized enterprises - business entities, business partnerships that meet one of the requirements specified in paragraph 1 of this part, which carry out as the main activity, entrepreneurial activity in the field of light industry (within class 13 "Manufacture of textiles", class 14 "Manufacture of clothing", class 15 "Manufacture of leather and leather goods", section C "Manufacturing" of the All-Russian classifier of types economic activity) and the average number of employees for the previous calendar year exceeded the limit established by subparagraph "b" of paragraph 2 of this part. The corresponding type of entrepreneurial activity, provided for in this paragraph, is recognized as the main one, provided that the share of income from the implementation of this type of activity at the end of the previous calendar year is at least 70 percent in total amount income of a legal entity;

3) income of business entities, business partnerships, business partnerships that meet one of the requirements specified in paragraph 1 of this part, production cooperatives, consumer cooperatives, peasant (farmer) enterprises and individual entrepreneurs, received from entrepreneurial activities for the previous calendar year, which is determined in the manner prescribed by the legislation of the Russian Federation on taxes and fees, is summed up for all types of activities and is applied for all tax regimes, should not exceed the limit values established by the Government of the Russian Federation for each category of small and medium-sized businesses.

2. Abolished. - the federal law dated June 29, 2015 N 156-FZ.

3. The category of a small or medium-sized business entity is determined in accordance with the most significant condition established by paragraphs 2, 2.1 and 3 of part 1.1 of this article, unless otherwise provided by this part. The category of a small or medium-sized business entity for individual entrepreneurs who did not engage hired workers for entrepreneurial activity in the previous calendar year is determined depending on the amount of income received in accordance with paragraph 3 of part 1.1 of this article. Limited liability companies, joint stock companies with a sole shareholder and business partnerships that meet the conditions specified in subparagraph "a" of paragraph 1 of part 1.1 of this article (except for the conditions established by paragraphs two and three of this subparagraph), business partnerships, production cooperatives, consumer cooperatives, peasant (farm) farms that were created in the period from August 1 of the current calendar year to July 31 of the year following the current calendar year (hereinafter - newly created legal entities), individual entrepreneurs registered during the specified period (hereinafter - newly registered individual entrepreneurs), as well as individual entrepreneurs who apply only the patent taxation system, belong to micro-enterprises. The category of a small or medium-sized business entity for the economic companies, economic partnerships specified in subparagraph "d" of paragraph 1 of part 1.1 of this article, which, in the manner and under the conditions stipulated by the legislation of the Russian Federation on taxes and fees, exercise the right to exemption from the taxpayer's obligation to the submission of tax returns, which makes it possible to determine the amount of income received from carrying out entrepreneurial activities for the previous calendar year, is determined depending on the value of the average number of employees for the previous calendar year, determined in accordance with paragraph 2 of part 1.1 of this article.

4. The category of a small or medium-sized business is changed if the limit values are higher or lower than the limit values specified in clauses 2, 2.1 and 3 of part 1.1 of this article, within three calendar years following one after the other, provided that otherwise not established by this article.

4.1. Category of a small or medium-sized business entity of a newly created legal entity, newly registered individual entrepreneur is retained or changed if information about such a legal entity or individual entrepreneur is stored in the unified register of small and medium-sized businesses, taking into account the conditions established by part 1.1 of this article, if the indication that the legal a person or an individual entrepreneur is, respectively, a newly created legal entity, a newly registered individual entrepreneur.

5. When applying for support provided for by this Federal Law, newly created legal entities and newly registered individual entrepreneurs, information about which is included in single register of small and medium-sized businesses in accordance with Article 4.1 of this Federal Law, declare that they comply with the conditions for referring to small and medium-sized businesses established by this Federal Law, in the form approved by the federal executive body in charge of developing state policy and regulatory regulation in the field of business development, including medium and small businesses.

RUSSIAN FEDERATION

THE FEDERAL LAW
from 24.07.07 N 209-FZ

ABOUT THE DEVELOPMENT OF SMALL AND MEDIUM ENTREPRENEURSHIP
IN RUSSIAN FEDERATION

Article 1. Subject of regulation of this Federal Law

This Federal Law regulates relations arising between legal entities, individuals, government bodies of the Russian Federation, government bodies of the constituent entities of the Russian Federation, bodies local government in the development of small and medium-sized businesses, defines the concepts of small and medium-sized businesses, infrastructure for supporting small and medium-sized businesses, types and forms of such support.

Article 2. Regulatory legal regulation development of small and medium-sized businesses in the Russian Federation

Normative legal regulation of the development of small and medium-sized businesses in the Russian Federation is based on the Constitution of the Russian Federation and is carried out by this Federal Law, other federal laws adopted in accordance with them by other regulatory legal acts Of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local government bodies.

Article 3. Basic concepts used in this Federal Law

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

1) small and medium-sized businesses - economic entities (legal entities and individual entrepreneurs) classified in accordance with the conditions established by this Federal Law, to small enterprises, including micro-enterprises, and medium-sized enterprises;

2) federal programs for the development of small and medium-sized businesses - regulatory legal acts of the Government of the Russian Federation, which determine the lists of measures aimed at achieving the goals of state policy in the development of small and medium-sized businesses, including selected categories small and medium-sized businesses, and those carried out in the Russian Federation, indicating the volume and sources of their funding, the performance of the federal executive authorities responsible for the implementation of these activities;

3) regional programs for the development of small and medium-sized businesses - regulatory legal acts of state authorities of the constituent entities of the Russian Federation, which determine the lists of measures aimed at achieving the goals of state policy in the development of small and medium-sized businesses, including certain categories of small and medium-sized businesses entrepreneurship, and carried out in the constituent entities of the Russian Federation, indicating the volume and sources of their financing, the effectiveness of the activities of the state authorities of the constituent entities of the Russian Federation responsible for the implementation of these measures;

4) municipal programs for the development of small and medium-sized businesses - regulatory legal acts of local governments, which determine the lists of measures aimed at achieving goals in the development of small and medium-sized businesses, including certain categories of small and medium-sized businesses, and carried out in municipalities, indicating the volume and sources of their funding, the performance of local authorities responsible for the implementation of these activities;

5) support for small and medium-sized businesses (hereinafter also referred to as support) - the activities of state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local authorities and the functioning of the infrastructure for supporting small and medium-sized businesses aimed at implementing the measures provided for federal programs development of small and medium-sized businesses, regional programs for the development of small and medium-sized businesses and municipal programs development of small and medium-sized businesses.

1. Subjects of small and medium-sized businesses include those included in the single State Register legal entities consumer cooperatives and commercial organizations(excluding state and municipal unitary enterprises), and individuals entered into the unified state register of individual entrepreneurs and carrying out entrepreneurial activities without forming a legal entity (hereinafter referred to as individual entrepreneurs), peasant (farmer) enterprises that meet the following conditions:

1) for legal entities - the total share of participation of the Russian Federation, constituent entities of the Russian Federation, municipalities, foreign legal entities, foreign citizens, public and religious organizations(associations), charitable and other funds in the authorized (pooled) capital (mutual fund) of the said legal entities should not exceed twenty-five percent (except for the assets of joint-stock investment funds and closed-end mutual investment funds), the share of participation belonging to one or more legal entities that are not small and medium-sized businesses, should not exceed twenty-five percent;

2) the average number of employees for the previous calendar year should not exceed the following limit values for the average number of employees for each category of small and medium-sized businesses:

a) from one hundred and one to two hundred and fifty people inclusive for medium-sized enterprises;

b) up to one hundred people inclusive for small businesses; micro-enterprises stand out among small enterprises - up to fifteen people;

3) proceeds from the sale of goods (works, services) excluding value added tax or the book value of assets (residual value of fixed assets and intangible assets) for the previous calendar year should not exceed the limit values established by the Government of the Russian Federation for each category of small and medium-sized businesses.

2. The limit values of proceeds from the sale of goods (works, services) and the book value of assets provided for by paragraph 3 of part 1 of this article are established by the Government of the Russian Federation once every five years, taking into account data from continuous statistical observations of the activities of small and medium-sized businesses.

4. The category of a small or medium-sized business entity changes only if the limit values are higher or lower than the limit values specified in clauses 2 and 3 of part 1 of this article within two calendar years following one after the other.

5. Newly created organizations or newly registered individual entrepreneurs and peasant (farmer) enterprises during the year in which they are registered can be classified as small and medium-sized businesses if their indicators of the average number of employees, proceeds from the sale of goods (works, services) or the book value of assets (residual value of fixed assets and intangible assets) for the period elapsed from the date of their state registration, do not exceed the limit values established in clauses 2 and 3 of part 1 of this article.

6. The average number of employees of a micro-enterprise, small enterprise or medium-sized enterprise for a calendar year is determined taking into account all its employees, including employees working under civil law contracts or part-time, taking into account the actual hours worked, employees of representative offices, branches and other separate divisions of the specified micro-enterprise, small enterprise or medium-sized enterprise.

7. Proceeds from the sale of goods (works, services) for a calendar year are determined in the manner prescribed by the Tax Code of the Russian Federation.

8. The book value of assets (residual value of fixed assets and intangible assets) is determined in accordance with the legislation of the Russian Federation on accounting.

Article 5. Federal statistical observations of the activities of small and medium-sized businesses

1. Federal statistical observations of the activities of small and medium-sized businesses in the Russian Federation are carried out by conducting continuous statistical observations of the activities of small and medium-sized businesses and selective statistical observations of the activities of individual small and medium-sized businesses on the basis of a representative (representative) sample.

2. Continuous statistical observations of the activities of small and medium-sized businesses are carried out once every five years.

3. Selective statistical observations are carried out through monthly and (or) quarterly surveys of the activities of small enterprises (excluding microenterprises) and medium-sized enterprises. Selective statistical observations are carried out through annual surveys of microenterprise activities. The procedure for conducting selective statistical observations is determined by the Government of the Russian Federation.

4. Federal bodies of state power, bodies of state power of the constituent entities of the Russian Federation, bodies of local self-government are obliged to submit, free of charge, to federal bodies of executive power exercising functions for the formation of official statistical information in the established field of activity in accordance with the legislation of the Russian Federation, documented information in the forms established in order to carry out federal state statistical observations, and information received by federal government bodies, government bodies of the constituent entities of the Russian Federation, local government bodies in connection with their exercise of control and supervisory and other administrative powers in relation to small and medium-sized businesses.

Article 6. The main goals and principles of state policy in the field of development of small and medium-sized businesses in the Russian Federation

1. State policy in the field of development of small and medium-sized businesses in the Russian Federation is part of the state socio-economic policy and is a set of legal, political, economic, social, informational, consulting, educational, organizational and other measures implemented by the state authorities of the Russian Federation , state authorities of the constituent entities of the Russian Federation, local self-government bodies and aimed at ensuring the implementation of the goals and principles established by this Federal Law.

2. The main goals of state policy in the field of development of small and medium-sized businesses in the Russian Federation are:

1) development of small and medium-sized businesses in order to form competitive environment in the economy of the Russian Federation;

2) ensuring favorable conditions for the development of small and medium-sized businesses;

3) ensuring the competitiveness of small and medium-sized businesses;

4) rendering assistance to small and medium-sized businesses in promoting their goods (works, services), the results of intellectual activity on the market of the Russian Federation and the markets of foreign states;

5) an increase in the number of small and medium-sized businesses;

6) ensuring the employment of the population and the development of self-employment;

7) an increase in the share of goods (works, services) produced by small and medium-sized businesses in the volume of gross domestic product;

8) an increase in the share of taxes paid by small and medium-sized businesses in tax revenues of the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets.

3. The main principles of state policy in the development of small and medium-sized businesses in the Russian Federation are:

1) the delineation of powers to support small and medium-sized businesses between federal government bodies, government bodies of the constituent entities of the Russian Federation and local government bodies;

2) the responsibility of federal bodies of state power, bodies of state power of the constituent entities of the Russian Federation, bodies of local self-government for ensuring favorable conditions for the development of small and medium-sized businesses;

3) participation of representatives of small and medium-sized businesses, non-profit organizations expressing the interests of small and medium-sized businesses in the formation and implementation of state policy in the development of small and medium-sized businesses, examination of draft regulatory legal acts of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation, legal acts of local governments regulating the development of small and medium-sized businesses ;

4) ensuring equal access for small and medium-sized businesses to receive support in accordance with the conditions for its provision, established by federal programs for the development of small and medium-sized businesses, regional programs for the development of small and medium-sized businesses and municipal programs for the development of small and medium-sized businesses.

Article 7. Features of the legal regulation of the development of small and medium-sized businesses in the Russian Federation

In order to implement the state policy in the field of development of small and medium-sized businesses in the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation may provide for the following measures:

1) special tax regimes, simplified rules for maintaining tax accounting, simplified forms of tax returns for individual taxes and fees for small businesses;

2) simplified maintenance system accounting statements for small businesses carrying out certain types activities;

3) a simplified procedure for compiling statistical reports by small and medium-sized businesses;

4) preferential procedure for payments for state and municipal property privatized by small and medium-sized businesses;

5) the specifics of participation of small businesses as suppliers (performers, contractors) in order to place orders for the supply of goods, performance of work, provision of services for state and municipal needs;

6) measures to ensure the rights and legitimate interests of small and medium-sized businesses in the implementation of state control (supervision);

7) measures to ensure financial support for small and medium-sized businesses;

8) measures to develop the infrastructure to support small and medium-sized businesses;

9) other measures aimed at ensuring the implementation of the goals and principles of this Federal Law.

Article 8. Registers of small and medium-sized businesses - recipients of support

1. Federal executive bodies, executive bodies of the constituent entities of the Russian Federation, local self-government bodies providing support to small and medium-sized businesses maintain registers of small and medium-sized businesses - recipients of such support.

2. The registers specified in part 1 of this article in relation to a small or medium-sized business entity must contain the following information:

1) the name of the body that provided the support;

2) full and (if any) abbreviated name, including the company name, address (location) of the permanent executive body of the legal entity, the state registration number of the record on state registration of the legal entity;

3) surname, first name and (if any) patronymic, place of residence of an individual entrepreneur, state registration number of the record on state registration of an individual entrepreneur;

4) the type, shape and size of the support provided;

5) the term for the provision of support;

6) taxpayer identification number;

7) the date of the decision on the provision or termination of the provision of support;

8) information (if any) about a violation of the procedure and conditions for the provision of support, including the misuse of support funds.

3. Federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local self-government bodies providing support to small and medium-sized businesses enter entries in the registers of small and medium-sized businesses - recipients of support in relation to the relevant small and medium-sized businesses within thirty days from the date of the decision to provide support or the decision to terminate the provision of support.

4. The procedure for maintaining registers of small and medium-sized businesses - recipients of support, requirements for technological, software, linguistic, legal and organizational means of ensuring the use of these registers are established by the Government of the Russian Federation.

5. The information contained in the registers of small and medium-sized businesses - recipients of support, is open for familiarization with it by individuals and legal entities.

6. The information provided for by part 2 of this article is excluded from the registers of small and medium-sized businesses - recipients of support after three years from the date of the end of the support period.

Article 9. Powers of the state authorities of the Russian Federation on the development of small and medium-sized businesses

The powers of the state authorities of the Russian Federation on the development of small and medium-sized businesses include:

1) formation and implementation of state policy in the field of development of small and medium-sized businesses;

2) determination of principles, priority areas, forms and types of support for small and medium-sized businesses;

3) development and implementation of federal programs for the development of small and medium-sized businesses;

4) determination of the main financial, economic, social and other indicators of the development of small and medium-sized businesses and the infrastructure for supporting small and medium-sized businesses for long-term, medium-term and short-term prospects based on forecasts of the socio-economic development of the Russian Federation;

5) creation of coordinating or advisory bodies in the field of development of small and medium-sized businesses under federal executive bodies, endowed with separate powers on the development of small and medium-sized businesses within their competence;

6) formation of a unified information system in order to implement state policy in the field of development of small and medium-sized businesses;

7) financing of research and development work on the problems of the development of small and medium-sized businesses at the expense of the federal budget;

8) assistance to the activities of all-Russian non-profit organizations expressing the interests of small and medium-sized businesses;

9) propaganda and popularization of entrepreneurial activity at the expense of the federal budget;

10) support of regional programs for the development of small and medium-sized businesses;

11) representation in international organizations, cooperation with foreign states and administrative-territorial entities of foreign states in the development of small and medium-sized businesses;

12) organization of official statistical accounting of small and medium-sized businesses, determination of the procedure for conducting selective statistical observations of the activities of small and medium-sized businesses in the Russian Federation;
(as amended by Federal Law of 18.10.2007 N 230-FZ)

13) annual preparation of a report on the state and development of small and medium-sized businesses in the Russian Federation and measures for its development, including a report on the use of federal budget funds for state support of small and medium-sized businesses, analysis of financial, economic, social and other development indicators small and medium-sized businesses, assessing the effectiveness of the application of measures for its development, forecasting the development of small and medium-sized businesses in the Russian Federation, and publishing in funds mass media this report;

14) methodological support of state authorities of the constituent entities of the Russian Federation and local self-government bodies and assistance to them in the development and implementation of measures for the development of small and medium-sized businesses in the constituent entities of the Russian Federation and in the territories of municipal formations;

15) establishing the procedure for maintaining registers of small and medium-sized businesses - recipients of support, as well as establishing requirements for technological, software, linguistic, legal and organizational means of ensuring the use of these registers.
(Clause 15 was introduced by the Federal Law of 18.10.2007 N 230-FZ)

Article 10. Powers of state authorities of the constituent entities of the Russian Federation on the development of small and medium-sized businesses

1. The powers of the state authorities of the constituent entities of the Russian Federation on the development of small and medium-sized businesses include:

1) participation in the implementation of state policy in the field of development of small and medium-sized businesses;
(as amended by Federal Law of 18.10.2007 N 230-FZ)

2) development and implementation of regional and inter-municipal programs for the development of small and medium-sized businesses, taking into account national and regional socio-economic, environmental, cultural and other characteristics;
(as amended by Federal Law of 18.10.2007 N 230-FZ)

3) assistance to the activities of non-profit organizations that express the interests of small and medium-sized businesses, and structural units specified organizations;

4) financing of research and development work on the problems of the development of small and medium-sized businesses at the expense of the budgets of the constituent entities of the Russian Federation;

5) assistance in the development of interregional cooperation of small and medium-sized businesses;

6) propaganda and popularization of entrepreneurial activity at the expense of the budgets of the constituent entities of the Russian Federation;

7) support of municipal programs for the development of small and medium-sized businesses;

8) cooperation with international organizations and administrative-territorial entities of foreign states on the development of small and medium-sized businesses;

9) analysis of financial, economic, social and other indicators of the development of small and medium-sized businesses and the effectiveness of the application of measures for its development, forecast of the development of small and medium-sized businesses in the constituent entities of the Russian Federation;

10) formation of the infrastructure for supporting small and medium-sized businesses in the constituent entities of the Russian Federation and ensuring its activities;

11) methodological support of local self-government bodies and assistance to them in the development and implementation of measures for the development of small and medium-sized businesses in the territories of municipalities;

12) the formation of coordination or advisory bodies in the field of development of small and medium-sized businesses by the executive authorities of the constituent entities of the Russian Federation.

2. The bodies of state power of the constituent entities of the Russian Federation may transfer to established by law separate powers for the development of small and medium-sized businesses to local governments.

Article 11. Powers of local self-government bodies on the development of small and medium-sized businesses

The powers of local governments on the development of small and medium-sized businesses include the creation of conditions for the development of small and medium-sized businesses, including:

1) the formation and implementation of municipal programs for the development of small and medium-sized businesses, taking into account national and local socio-economic, environmental, cultural and other characteristics;

2) analysis of financial, economic, social and other indicators of the development of small and medium-sized businesses and the effectiveness of the application of measures for its development, forecast of the development of small and medium-sized businesses in the territories of municipalities;

3) formation of the infrastructure for supporting small and medium-sized businesses in the territories of municipalities and ensuring its activities;

4) assistance to the activities of non-profit organizations expressing the interests of small and medium-sized businesses, and structural divisions of these organizations;

5) the formation of coordination or advisory bodies in the field of development of small and medium-sized businesses by local governments.

Article 12. Interaction of public authorities in the development of small and medium-sized businesses in the Russian Federation

The Government of the Russian Federation, within the limits of its powers and in order to ensure the combination of the interests of the Russian Federation and the constituent entities of the Russian Federation in the development of small and medium-sized businesses, coordinates the activities of the executive authorities of the constituent entities of the Russian Federation in the implementation by them of measures of federal programs for the development of small and medium-sized businesses.

Article 13. Coordinating or advisory bodies in the field of development of small and medium-sized businesses

1. In the event that non-profit organizations expressing the interests of small and medium-sized businesses apply to the heads of federal executive bodies vested with separate powers on the development of small and medium-sized businesses within their competence, with a proposal to create coordinating or advisory bodies in the field of development of small and medium-sized businesses, heads of these federal government bodies are obliged to consider the creation of such coordination or advisory bodies. The heads of federal executive bodies shall notify such non-profit organizations in writing about the decision taken on this issue.

2. In the event that a decision is made to create coordinating or advisory bodies in the field of development of small and medium-sized businesses under federal executive bodies, the heads of these bodies are obliged to ensure the participation of representatives of non-profit organizations expressing the interests of small and medium-sized businesses in the work of coordinating or advisory bodies in the field development of small and medium-sized businesses in the amount of at least two-thirds of the total number of members of the said coordination or advisory bodies.

3. Coordination or advisory bodies in the field of development of small and medium-sized businesses are created in order to:

1) attracting small and medium-sized businesses to the development and implementation of state policy in the development of small and medium-sized businesses;

2) nominating and supporting initiatives of national importance and aimed at the implementation of state policy in the field of development of small and medium-sized businesses;

3) carrying out a public examination of draft regulatory legal acts of the Russian Federation regulating the development of small and medium-sized businesses;

4) elaboration of recommendations to the executive authorities of the Russian Federation, executive authorities of the constituent entities of the Russian Federation and local governments when determining priorities in the field of development of small and medium-sized businesses;

5) attracting citizens, public associations and representatives of the media to the discussion of issues related to the implementation of the right of citizens to entrepreneurial activity, and the development of recommendations on these issues.

4. The procedure for creating coordination or advisory bodies in the field of small and medium-sized business development by executive authorities of the constituent entities of the Russian Federation and local government bodies is determined by regulatory legal acts of the constituent entities of the Russian Federation and regulatory legal acts of local government bodies.

Article 14. Support of small and medium-sized businesses by state authorities and local self-government bodies

1. The main principles of support for small and medium-sized businesses are:

1) a declarative procedure for applying for support from small and medium-sized businesses;

2) the availability of the infrastructure for supporting small and medium-sized businesses for all small and medium-sized businesses;

3) equal access for small and medium-sized businesses that meet the criteria provided for by federal programs for the development of small and medium-sized businesses, regional programs for the development of small and medium-sized businesses, municipal programs for the development of small and medium-sized businesses, to participate in relevant programs;

4) provision of support in compliance with the requirements established by the Federal Law of July 26, 2006 N 135-FZ "On Protection of Competition";

5) openness of support procedures.

2. When small and medium-sized businesses apply for support, small and medium-sized businesses must submit documents confirming their compliance with the conditions established by Article 4 of this Federal Law and the conditions provided for by federal programs for the development of small and medium-sized businesses, regional programs for the development of subjects small and medium-sized businesses, municipal programs for the development of small and medium-sized businesses.

3. Support cannot be provided in relation to small and medium-sized businesses:

1) which are credit institutions, insurance organizations (with the exception of consumer cooperatives), investment funds, non-state pension funds, professional participants in the securities market, pawnshops;

2) being parties to production sharing agreements;

3) carrying out entrepreneurial activity in the field of gambling business;

4) being non-residents of the Russian Federation in accordance with the procedure established by the legislation of the Russian Federation on currency regulation and currency control, with the exception of cases provided for by international treaties of the Russian Federation.

4. Financial support for small and medium-sized businesses, provided for in Article 17 of this Federal Law, may not be provided to small and medium-sized businesses engaged in the production and sale of excisable goods, as well as the extraction and sale of minerals, with the exception of widespread minerals.

5. Support must be refused if:

1) documents determined by the relevant federal programs for the development of small and medium-sized businesses, regional programs for the development of small and medium-sized businesses, municipal programs for the development of small and medium-sized businesses have not been submitted, or false information and documents have been submitted;

2) the conditions for the provision of support have not been met;

3) earlier, in relation to the applicant - a small and medium-sized business entity, a decision was made to provide similar support and the terms of its provision have not expired;

4) less than three years have passed since the recognition of a small and medium-sized business entity as violating the procedure and conditions for providing support, including not ensuring the targeted use of support funds.

6. The terms for consideration of applications of small and medium-sized businesses provided for in part 2 of this article are established, respectively, by federal programs for the development of small and medium-sized businesses, regional programs for the development of small and medium-sized businesses, municipal programs for the development of small and medium-sized businesses. Each small and medium-sized business entity must be informed about the decision taken on such an appeal within five days from the date of its adoption.

Article 15. Infrastructure to support small and medium-sized businesses

1. The infrastructure for supporting small and medium-sized businesses is a system of commercial and non-commercial organizations that are created, carry out their activities or are involved as suppliers (performers, contractors) in order to place orders for the supply of goods, performance of work, provision of services for state or municipal needs in the implementation of federal programs for the development of small and medium-sized businesses, regional programs for the development of small and medium-sized businesses, municipal programs for the development of small and medium-sized businesses, providing conditions for the creation of small and medium-sized businesses, and providing them with support.

2. The infrastructure for supporting small and medium-sized businesses also includes centers and agencies for the development of entrepreneurship, state and municipal funds for supporting entrepreneurship, funds to promote lending (guarantee funds, surety funds), joint-stock investment funds and closed-end mutual investment funds that attract investments for small and medium-sized businesses, technology parks, science parks, innovation and technology centers, business incubators, chambers and centers of crafts, subcontracting support centers, marketing and educational and business centers, agencies to support the export of goods, leasing companies, consulting centers and other organizations.

3. Requirements for organizations that form the infrastructure for supporting small and medium-sized businesses are established in federal programs for the development of small and medium-sized businesses, regional programs for the development of small and medium-sized businesses, municipal programs for the development of small and medium-sized businesses.

4. Support for organizations that form the infrastructure for supporting small and medium-sized businesses is the activities of state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments, carried out in the implementation of federal programs for the development of small and medium-sized businesses, regional programs for the development of small and medium-sized businesses, municipal programs for the development of small and medium-sized businesses and aimed at creating and supporting the activities of organizations that form the infrastructure for supporting small and medium-sized businesses.

Article 16. Forms, conditions and procedure for supporting small and medium-sized businesses

1. Support for small and medium-sized businesses and organizations that form the infrastructure of support for small and medium-sized businesses, includes financial, property, information, consulting support for such entities and organizations, support in the field of training, retraining and advanced training of their employees, support in the field of innovation and industrial production, handicrafts, support for small and medium-sized businesses that carry out foreign economic activity, support of small and medium-sized businesses engaged in agricultural activities.

2. The conditions and procedure for providing support to small and medium-sized businesses and organizations that form the infrastructure for supporting small and medium-sized businesses are established by federal programs for the development of small and medium-sized businesses, regional programs for the development of small and medium-sized businesses and municipal programs for the development of small and medium-sized businesses entrepreneurship.

3. The constituent entities of the Russian Federation shall have the right, along with the forms of support established by part 1 of this article, to independently provide other forms of support at the expense of the budgets of the constituent entities of the Russian Federation.

Article 17. Financial support of small and medium-sized businesses

1. The provision of financial support to small and medium-sized businesses and organizations that form the infrastructure of support for small and medium-sized businesses can be carried out in accordance with the legislation of the Russian Federation at the expense of the budgets of the constituent entities of the Russian Federation, funds from local budgets by providing subsidies, budget investments, state and municipal guarantees for the obligations of small and medium-sized businesses and organizations that form the infrastructure for supporting small and medium-sized businesses.

2. Federal budget funds for state support of small and medium-sized businesses (including for maintaining the register of small and medium-sized businesses - recipients of support), provided for by the federal law on federal budget are provided to the budgets of the constituent entities of the Russian Federation in the form of subsidies in the manner established by the Government of the Russian Federation.

Article 18. Property support for small and medium-sized businesses

1. The provision of property support to small and medium-sized businesses and organizations that form the infrastructure of support for small and medium-sized businesses is carried out by state authorities and local governments in the form of transfer of ownership and (or) use of state or municipal property, including land sites, buildings, structures, structures, non-residential premises, equipment, machines, mechanisms, installations, Vehicle, inventory, tools, on a reimbursable basis, free of charge or on preferential terms... The specified property must be used according to intended purpose.

2. It is prohibited to sell property transferred to small and medium-sized businesses and organizations that form the infrastructure for supporting small and medium-sized businesses, property, assignment of the rights to use it, transfer the rights to use it as a pledge and deposit the rights to use such property in the authorized capital of any other business entities.

3. Federal executive bodies, executive bodies of the constituent entities of the Russian Federation and local self-government bodies that have provided property support in accordance with part 1 of this article have the right to apply to the court with a demand to terminate the rights of ownership and (or) use of small and medium-sized businesses or organizations that form the infrastructure for supporting small and medium-sized businesses, provided to such entities and organizations with state or municipal property when it is used for other purposes and (or) in violation of the prohibitions established by part 2 of this article.

4. Federal executive authorities, executive authorities of the constituent entities of the Russian Federation and local self-government bodies have the right to approve lists of state property and municipal property intended for transferring into possession and (or) for use by small and medium-sized businesses and organizations that form the infrastructure for supporting small and medium-sized businesses.

5. In the event that coordination or advisory bodies in the field of development of small and medium-sized businesses have been created under federal executive bodies, executive bodies of the constituent entities of the Russian Federation and local self-government bodies, the transfer of ownership and (or) use of property provided for in part 1 of this article is carried out with the participation of these coordinating or advisory bodies.

Article 19. Information support of small and medium-sized businesses

1. The provision of information support to small and medium-sized businesses and organizations that form the infrastructure of support for small and medium-sized businesses is carried out by state authorities and local governments in the form of creating federal, regional and municipal information systems and information and telecommunication networks and ensuring their functioning in to support small and medium-sized businesses.

2. Information Systems and information and telecommunication networks are created in order to provide small and medium-sized businesses and organizations that form the infrastructure for supporting small and medium-sized businesses with information:

1) on the implementation of federal programs for the development of small and medium-sized businesses, regional programs for the development of small and medium-sized businesses and municipal programs for the development of small and medium-sized businesses;

2) on the number of small and medium-sized businesses and on their classification by types of economic activity;

3) on the number of replaced jobs in small and medium-sized businesses in accordance with their classification by type of economic activity;

4) on the turnover of goods (works, services) produced by small and medium-sized businesses, in accordance with their classification by types of economic activity;

5) on the financial and economic condition of small and medium-sized businesses;

6) on organizations that form the infrastructure for supporting small and medium-sized businesses;

7) of a different nature (economic, legal, statistical, production and technological information, information in the field of marketing, necessary for the development of small and medium-sized businesses).

3. The information specified in part 2 of this article is publicly available and is posted on the Internet on the official websites of federal executive bodies, executive bodies of the constituent entities of the Russian Federation, local self-government bodies endowed with separate powers in the field of development of small and medium-sized businesses within their competence.

Article 20. Consulting support of small and medium-sized businesses

The provision of consulting support to small and medium-sized businesses by state authorities and local governments can be carried out in the form of:

1) creation of organizations that form the infrastructure of support for small and medium-sized businesses and provide consulting services to small and medium-sized businesses, and ensure the activities of such organizations;

2) reimbursement of expenses incurred and documented by small and medium-sized businesses to pay for consulting services.

Article 21. Support of small and medium-sized businesses in the field of training, retraining and advanced training of personnel

The provision of support to small and medium-sized businesses in the field of training, retraining and advanced training of personnel by state authorities and local authorities can be carried out in the form of:

1) development of approximate educational programs aimed at training, retraining and advanced training of personnel for small and medium-sized businesses, based on state educational standards;

2) creating conditions for increasing the professional knowledge of specialists related to socially unprotected groups of the population, improving their business qualities, preparing them to perform new labor functions in the field of small and medium-sized businesses;

3) educational and methodological, scientific and methodological assistance to small and medium-sized businesses.

Article 22. Support for small and medium-sized businesses in the field of innovation and industrial production

The provision of support to small and medium-sized businesses in the field of innovation and industrial production by public authorities and local governments can be carried out in the form of:

1) creation of organizations that form the infrastructure of support for small and medium-sized businesses and provide support for small and medium-sized businesses, including technology parks, technology commercialization centers, technology-innovation and scientific-production zones, and support the activities of such organizations;

2) assistance in patenting inventions, utility models, industrial designs and selection achievements, as well as state registration of other results of intellectual activity created by small and medium-sized businesses;

3) creating conditions for attracting small and medium-sized businesses to conclude subcontracting agreements in the field of innovation and industrial production;

4) creation of joint-stock investment funds and closed-end mutual investment funds.

Article 23. Support for small and medium-sized businesses in the field of craft activities

1. In order to provide support to small and medium-sized businesses and organizations that form the infrastructure for supporting small and medium-sized businesses, government bodies of the constituent entities of the Russian Federation have the right to develop and approve lists of types of craft activities.

2. The provision of support to small and medium-sized businesses in the field of craft activities by state authorities and local self-government bodies can be carried out in the form of:

1) the creation of organizations that form the infrastructure for supporting small and medium-sized businesses in the field of craft activities, including chambers of crafts, craft centers, and ensuring their activities;

2) financial, property, consulting, information support, support in the field of training, retraining and advanced training of workers, support for small and medium-sized businesses engaged in foreign economic activity in the field of craft activities.

Article 24. Support for small and medium-sized businesses engaged in foreign economic activity

The provision of support to small and medium-sized businesses engaged in foreign economic activity, by state authorities and local self-government bodies can be carried out in the form of:

1) cooperation with international organizations and foreign states in the development of small and medium-sized businesses;

2) assistance in promoting Russian goods (works, services), the results of intellectual activity on the markets of foreign states, as well as creating favorable conditions for Russian participants in foreign economic activity;

3) the creation of organizations that form the infrastructure of support for small and medium-sized businesses and provide support to small and medium-sized businesses engaged in foreign economic activity, and ensure the activities of such organizations;

4) implementation of other measures to support small and medium-sized businesses engaged in foreign economic activity.

Article 25. Support for small and medium-sized businesses engaged in agricultural activities

Support to small and medium-sized businesses engaged in agricultural activities may be carried out in the forms and types provided for by this Federal Law, other federal laws adopted in accordance with them by other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local governments.

Article 26. Recognition as invalidated the Federal Law "On state support small business in the Russian Federation "and clause 12 of Article 2 of the Federal Law" On Bringing Legislative Acts in Line with the Federal Law "On State Registration of Legal Entities"

Declare invalid:

1) Federal Law of June 14, 1995 N 88-FZ "On State Support of Small Business in the Russian Federation" (Collected Legislation of the Russian Federation, 1995, N 25, Art. 2343);

2) Clause 12 of Article 2 of the Federal Law of March 21, 2002 N 31-FZ "On Bringing Legislative Acts in Line with the Federal Law" On State Registration of Legal Entities "(Collected Legislation of the Russian Federation, 2002, N 12, Art. 1093).

Article 27. Final provisions and entry into force of this Federal Law

1. This Federal Law shall enter into force on January 1, 2008, with the exception of Part 2 of Article 4 and Part 2 of Article 5 of this Federal Law.

2. Part 2 of Article 4 and Part 2 of Article 5 of this Federal Law shall enter into force on January 1, 2010.

3. Organizations that operate as small business entities prior to the date this Federal Law enters into force, but do not meet the conditions for referring to small business entities established by this Federal Law, retain the right to previously provided support in accordance with federal programs for the development of small and medium-sized businesses, regional programs for the development of small and medium-sized businesses, municipal programs for the development of small and medium-sized businesses within six months from the date of entry into force of this Federal Law.

The president
Russian Federation
V. PUTIN

RUSSIAN FEDERATION

THE FEDERAL LAW
from 24.07.07 N 209-FZ

ABOUT THE DEVELOPMENT OF SMALL AND MEDIUM ENTREPRENEURSHIP
IN RUSSIAN FEDERATION

(as amended by Federal Law of 18.10.2007 N 230-FZ,
from 22.07.2008 N 159-FZ, from 23.07.2008 N 160-FZ)

Article 1. Subject of regulation of this Federal Law

This Federal Law regulates relations arising between legal entities, individuals, government bodies of the Russian Federation, government bodies of the constituent entities of the Russian Federation, local government bodies in the development of small and medium-sized businesses, defines the concepts of small and medium-sized businesses, infrastructure for supporting small and medium-sized businesses, types and forms of such support.

Article 2. Normative legal regulation of the development of small and medium-sized businesses in the Russian Federation

Normative legal regulation of the development of small and medium-sized businesses in the Russian Federation is based on the Constitution of the Russian Federation and is implemented by this Federal Law, other federal laws adopted in accordance with them by other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local self-government bodies.

Article 3. Basic concepts used in this Federal Law

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

2) federal programs for the development of small and medium-sized businesses - regulatory legal acts of the Government of the Russian Federation, which determine the lists of measures aimed at achieving the goals of state policy in the development of small and medium-sized businesses, including certain categories of small and medium-sized businesses, and carried out in the Russian Federation, indicating the volume and sources of their financing, the effectiveness of the activities of the federal executive authorities responsible for the implementation of these measures;

5) support for small and medium-sized businesses (hereinafter also referred to as support) - the activities of state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments and the functioning of the infrastructure for supporting small and medium-sized businesses aimed at implementing measures provided for by federal programs development of small and medium-sized businesses, regional programs for the development of small and medium-sized businesses and municipal programs for the development of small and medium-sized businesses.

1. Small and medium-sized businesses include consumer cooperatives and commercial organizations (except for state and municipal unitary enterprises) entered in the unified state register of legal entities, as well as individuals included in the unified state register of individual entrepreneurs and carrying out entrepreneurial activities without the formation of a legal persons (hereinafter referred to as individual entrepreneurs), peasant (farm) households that meet the following conditions:

1) for legal entities - the total share of participation of the Russian Federation, constituent entities of the Russian Federation, municipalities, foreign legal entities, foreign citizens, public and religious organizations (associations), charitable and other funds in the authorized (joint) capital (share fund) of the specified legal entities persons should not exceed twenty-five percent (with the exception of assets of joint-stock investment funds and closed-end mutual investment funds), the participation share owned by one or several legal entities that are not small and medium-sized businesses should not exceed twenty-five percent;

a) from one hundred and one to two hundred and fifty people inclusive for medium-sized enterprises;

b) up to one hundred people inclusive for small businesses; micro-enterprises stand out among small enterprises - up to fifteen people;

3) revenue from the sale of goods (works, services) excluding value added tax or the book value of assets (residual value of fixed assets and intangible assets) for the previous calendar year should not exceed the limit values established by the Government of the Russian Federation for each category of small and medium business.

5. Newly created organizations or newly registered individual entrepreneurs and peasant (farmer) enterprises during the year in which they are registered can be classified as small and medium-sized businesses if their indicators of the average number of employees, proceeds from the sale of goods (works, services) or the book value of assets (residual value of fixed assets and intangible assets) for the period that has passed since the date of their state registration, do not exceed the limit values established in clauses 2 and 3 of part 1 of this article.

7. Proceeds from the sale of goods (works, services) for a calendar year are determined in the manner prescribed by the Tax Code of the Russian Federation.

8. The book value of assets (residual value of fixed assets and intangible assets) is determined in accordance with the legislation of the Russian Federation on accounting.

Article 5. Federal statistical observations of the activities of small and medium-sized businesses

2. Continuous statistical observations of the activities of small and medium-sized businesses are carried out once every five years.

Article 6. The main goals and principles of state policy in the field of development of small and medium-sized businesses in the Russian Federation

2. The main goals of state policy in the field of development of small and medium-sized businesses in the Russian Federation are:

1) development of small and medium-sized businesses in order to create a competitive environment in the economy of the Russian Federation;