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The Freeport has nowhere to turn around
The Primorsky region began litigation over land for investors
As EastRussia has learned, the 31 of January, the Arbitration Court of the Primorsky Territory, will begin to consider essentially the first in the history of the existence of the Far East Development Corporation JSC (“KRDV”) a lawsuit in defense of investors' interests. KRDV demands to declare illegal the refusal of the municipal property management of Vladivostok to lease a land plot to one of the residents of the Free Port of Vladivostok (SPV). The corporation has the right to protect investors from officials for a long time, but the first case presented itself only at the end of 2016. Details of the upcoming proceedings and the security of SST land projects were studied by EastRussia.
For example, in November 2016, DelKar LLC appealed in the arbitration to the municipal property administration (UMS) of the administration of the city of Vladivostok in granting a land plot. "DalKar" plans to invest 80 million rubles in a warehouse complex class "A" area of 4,7 thousand square meters. Meters. The court, however, did not satisfy the investor's claim to the municipality. On what grounds - it is not yet clear: 25 January published only the resolutive part of the decision. The motivation will become known a little later.
And now JSC "KRDV" was the first to join the protection of investors' rights. The reason was the refusal of the UMS of the administration of Vladivostok to provide, without holding a tender for a period of 25 years, the land plot of OOO O. Russian". The company, according to the press service of the Primorye administration, plans to engage in the development of sea tourism. The investor announces an investment of at least 417,8 million rubles. And the creation of 118 new jobs. The decision to grant the company the status of a resident of the SPV was taken at the third supervisory board of the Free Port, chaired by Deputy Prime Minister Yury Trutnev. The agreement on granting the status of a resident was signed with OOO O. 29 March 2016. It is valid until 12 October 2085 year. The resident of the SST, we recall, receives from the state in exchange for investment tax and other financial incentives and simplification of the procedure for passing administrative procedures.
The development of sea tourism in Primorye is a topic that has been discussed more than once. In December 2015, at a thematic forum organized by the Vladivostok State University of Economics and Service (VGUES), the deputy head of the Department for Attracting Direct Investments of the Minsk region Sergey Leskov complained: 3 million passengers pass along the cruise routes past the capital of Primorye. Liners do not go to Vladivostok "not only because of legal difficulties": neither the marina, nor the accompanying cruise infrastructure is ready to accept them.
LLC "O. Russian ”, as explained on the project website, plans to purchase 50 new vessels of the Jet Capsule class - this is the world's smallest futuristic teardrop-shaped yacht for 12 people. The company is ready already in 2017 to buy five such ships and provide their services in the places of mass summer recreation of the Free Port of Vladivostok in the Golden Horn Bay, and in the future - to purchase 45 more yachts and rent them out in the cities participating in the 2018 FIFA World Cup ... The investor also plans to organize a regular boat trip from Korabelnaya Embankment to the Oceanarium and back on the Ocean Rocket 70 passenger ship.
For parking cruise ships need a base - just her company and asked to rent from the mayor of Vladivostok. "ABOUT. Russian "claims to be granted for rent without a bidding land area 41,01 thousand square meters. m in the city of Vladivostok - on the street. Tatar, 38. According to the data of the public cadastral map of the Russian Federation, the permitted types of use of this area are sports complexes, yacht clubs and boat stations, its cadastral value is 288,75 million rubles. UMC Administration of Vladivostok in August 2016, the company-investor in the land refused. In October, the Far East Development Corporation filed a lawsuit in defense of the rights of the company.
EastRussia Help. The authorized capital of LLC "O. Russian "in the amount of 20 thousand rubles, according to Kartoteka.ru, 95% belongs to PJSC "Davos Aqua" (owner of 40 million rubles of capital PJSC - Yuri Ryabko), to 5% - the general director of the company Vladimir Kharchenko. Mr. Ryabko also heads the regional triathlon federation of the Primorye Territory, is a co-owner of several commercial companies, including Davos CJSC.
Getting land for an investment project has always been difficult, EastRussia's interlocutors recognize in the business environment. But the law on SPV should significantly simplify this procedure, says one of the entrepreneurs. Now, according to the legislation of the ways of obtaining land from investors registered at the Free Port, two: either through the Ministry of the Interior and the management company, or at the level of the region or the municipality - if the land area belongs to the so-called zone of territorial development. At the same time, a shortened list of documents can be submitted to a resident, and the deadline for considering his application by the current standards is extremely small - only 30 days. "The reasons for the refusal are listed in the law, and they are logical. Among the key - the requested land has already a proprietor or a tenant, it is legally used for other purposes, there are inconsistencies in the documents of state registration of a land plot by area, category of land or purpose, "explains EastRussia one of the entrepreneurs.
Meanwhile, Dmitry Boyarko, the head of the consulting center for support of small and medium-sized business in the business-center "Business Russia", for the last year the residents of the free port have faced massive refusals to provide land. According to him, 121 applications from 68 resident were applied to receive plots. Of these, 13 was submitted to the Primorsky Territory Department, 10 was approved, Vladivostok City Administration - 55 and 6, respectively. "Statistics - a thing, as you know, stubborn. The question arises: why does the Krai administration actively support the projects implemented within the Freeport of Vladivostok and take care of the investment image of the region, and the city authorities are not ready to make contact and try to keep land plots in their own homes. At the same time, everyone understands that it is the land that is the basis for most of the projects within the Free Port, and without it, activities will not be conducted. And foreigners look at the real state of affairs on the ground, assess the effectiveness of participation in projects of national business, and according to such data make a decision about investing. In this case, they see - even local business can not get land. Accordingly, foreign participation is also questionable, "says Boyarko.
Questions on new privileged regimes in the business "a lot", he admits. "They concern the allocation of land, tax and customs payments, a number of other aspects of the work of such projects, focused on foreign economic activity. At the same time, the issue of land is one of the first among residents, if not at all, "notes Boyarko. "The authorities should establish order in this area as soon as possible," he said. "For its part," Business Russia "gives the authorities all information about such" problem points "," he assures.
It should be noted that the very legislation on the Freeport of Vladivostok has repeatedly been criticized by the legal community as imperfect. And despite the fact that the protection of the interests of residents of the Free Port is one of the functions of the management company, in fact even it "has a number of powers that can significantly complicate the work of residents," says Vladimir Kurilov and Natalia Prisekina, director of the law school of the Far Eastern Federal University. December issue of the Bulletin of the Arbitration Court of the Far Eastern District, dedicated to the protection of investors' rights. "In particular, the management company reviews the application for the conclusion of an agreement on the implementation of activities and an assessment of the business plan. At the same time, the evaluation criteria have not been established, only the requirements for the form have been established by the order of the Ministry of Regional Development. The responsibility of the management company for failure to comply with agreements with residents of the free port of Vladivostok has not been established. The limits of control of the management company over the fulfillment of the terms of the agreement by the residents of the SPV are not formalized, "the lawyers list.
In the administration of the municipal property of the administration of the city of Vladivostok, EastRussia did not manage to promptly comment on the situation with the issuance of land to residents of the Free Port of Vladivostok EastRussia.