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The reservation is reduced only to an invariance of a tax mode and leavesFor export or import, it can be the critical factor of stability The investment project.
In the course of perfection of the investment legislation it is necessary To mean:
* The stabilisation reservation is wrongful for considering as a privilege,
As it becomes in item 5 of item 9 of the Law. It - not a privilege, and a guarantee, and the nature
Their different. In the presence of a privilege the investor receives something from the state
In addition to the conditions existing for other investors, in a case
Guarantees - the investor does not receive anything over put to all investors
Normal conditions of activity.
* The law applies the reservation only concerning large ("priority") Projects and the enterprises in which foreign participation makes over 25 %.
However, all investors, irrespective of the size should have the right to it and
Shares of participation of the enterprises, and not only foreign, but also Russian.
* Reservation period of validity is limited by 7 years, with the right of its prolongation in
Order of an exception for the priority enterprises. Term should equal
To the period of a recoupment of projects that assumes an individual approach to
To each project. In respect of prolongation it is necessary to refuse exceptions in
Principle or to establish criteria on which such exception is possible for All investors.
* It is necessary to establish criteria of an estimation of adverse changes for
Investors.
Till now in Russia there are no two essential state guarantees For foreign investments:
* From the implicit, latent, indirect actions of bodies of the state, Foreign investors interfering activity;
* From military operations, civil disorders, introduction extreme
Positions, etc. the circumstances fraught with a damage to property of the investor.
On a case of causing of a damage the full indemnification should be provided,
Including the missed benefit. At least, speech could go about "Immediate" or "timely" indemnification, or about indemnification "without Unreasonable delay ". Unpopular possibility could be considered Partial refusal of the Russian state of the sovereign immunities in
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