Decree of the Government of the Russian Federation of December 29, 2016 No. 1528 “On approval of the Rules for the provision of federal budget subsidies to Russian credit organizations to compensate for their lost income on loans issued to agricultural producers, organizations and individual entrepreneurs engaged in the production, primary and (or) subsequent (industrial) processing of agricultural products and their sale, at a reduced rate, and on amendments to paragraph 9 of the Rules for the provision and distribution of subsidies from the federal budget to the budgets of the constituent entities of the Russian Federation for reimbursement of part of the costs of paying interest on loans received in Russian credit...”
The Government of the Russian Federation decides:
1. Approve the attached grants from the federal budget of subsidies to Russian credit organizations to compensate for their shortfall in income on loans issued to agricultural producers, organizations and individual entrepreneurs engaged in the production, primary and (or) subsequent (industrial) processing of agricultural products and its sale, at a preferential rate.
2. Supplement clause 9 of the Rules for the provision and distribution of subsidies from the federal budget to the budgets of the constituent entities of the Russian Federation for reimbursement of part of the costs of paying interest on loans received from Russian credit institutions and loans received from agricultural credit consumer cooperatives, approved by Decree of the Government of the Russian Federation dated 28 December 2012 No. 1460 "On approval of the Rules for the provision and distribution of subsidies from the federal budget to the budgets of the constituent entities of the Russian Federation for the reimbursement of part of the cost of paying interest on loans received from Russian credit institutions and loans received from agricultural credit consumer cooperatives" (Collection of Legislation Russian Federation, 2013, No. 1, Article 56; 2015, No. 5, Article 833), with the following paragraph:
"Funds to reimburse part of the costs to borrowers under loan agreements concluded in accordance with these Rules are provided under loan agreements (loan agreements) concluded on December 31, 2016 inclusive, until full repayment obligations of the borrower in accordance with the loan agreement (loan agreement).".
Rules
granting subsidies from the federal budget to Russian credit organizations to compensate for their shortfall in income on loans issued to agricultural producers, organizations and individual entrepreneurs engaged in production, primary and (or) subsequent (industrial) processing of agricultural products and its sale, at a reduced rate
(approved by the Government of the Russian Federation of December 29, 2016 No. 1528)
1. These Rules establish the goals, conditions and procedure for granting subsidies from the federal budget to Russian credit organizations to compensate for their lost income on loans issued to agricultural producers, organizations and individual entrepreneurs engaged in production, primary and (or) subsequent (industrial) processing of agricultural products and its implementation, at a preferential rate (hereinafter, respectively - subsidies, the borrower).
Subsidies are provided for loans issued to agricultural producers, organizations and individual entrepreneurs engaged in production, primary and (or) subsequent (industrial) processing of agricultural products and their sale, with the exception of agricultural credit consumer cooperatives.
2. The concepts used in these Rules mean the following:
"organizations and individual entrepreneurs engaged in the production, primary and (or) subsequent (industrial) processing of agricultural products and its sale" - organizations and individual entrepreneurs engaged in primary and (or) subsequent (industrial) processing of agricultural products (with the exception of fishing and fish farming ) (including on leased fixed assets) and its implementation in accordance with the list approved by the Government of the Russian Federation in accordance with Part 2 of Article 11 of the Federal Law "On the Development Agriculture";
"authorized bank" - a Russian credit institution duly designated as a systemically important credit institution, as well as a Russian credit institution selected in accordance with these Rules;
"preferential rate" interest rate for a short-term and (or) investment loan, amounting to at least 1 percent per annum and not more than 5 percent per annum;
"preferential short-term loan" - targeted funds in Russian rubles, provided by an authorized bank after January 1, 2017 at a reduced rate to one borrower for a period of up to 1 year inclusive in the amount of not more than 1 billion rubles for the development of crop and livestock sub-sectors, processing of crop and livestock products in accordance with the list approved by the Ministry of Agriculture economy of the Russian Federation;
"preferential investment loan" - targeted funds in Russian rubles provided by an authorized bank after January 1, 2017 at a reduced rate for the sale of one investment project for a period of 2 to 15 years inclusive for the purpose of developing sub-sectors of crop and livestock production, processing of crop and livestock products in accordance with the list approved by the Ministry of Agriculture of the Russian Federation;
"loan agreement (agreement)" - a loan agreement under which an authorized bank provides the borrower with a preferential short-term loan and (or) a preferential investment loan;
"registry potential borrowers"- a list of borrowers compiled by the authorized bank who submitted an application to the authorized bank for receiving preferential short term loan and (or) preferential investment loan, in the form approved by the Ministry of Agriculture of the Russian Federation;
"registry of borrowers" - a list of borrowers formed by an authorized bank who received a preferential short-term loan and (or) a preferential investment loan, in the form approved by the Ministry of Agriculture of the Russian Federation;
"small forms of management" - peasant (farmer) farms established in accordance with the Federal Law "On the Peasant (Farmer's) Economy", and agricultural consumer cooperatives (with the exception of credit cooperatives) established in accordance with the Federal Law "On Agricultural Cooperation", related to small enterprises, including micro-enterprises, and medium-sized enterprises in accordance with the Federal Law "On the development of small and medium-sized businesses in the Russian Federation".
3. The selection of Russian credit institutions as authorized banks is carried out by the Ministry of Agriculture of the Russian Federation in accordance with the procedure established by it.
Russian credit institution as an authorized bank are:
a) presence own funds(capital) in the amount of at least 20 billion rubles;
b) availability of specialized loan products and programs for organizations of the agro-industrial complex;
c) the period of activity of the organization (excluding reorganizations and (or) mergers) is at least 5 years;
d) the organization is not in the process of reorganization and liquidation;
e) having the status of a resident of the Russian Federation and registration on the territory of the Russian Federation.
4. The borrower must meet the following requirements:
a) not be in the process of reorganization, liquidation and have no restrictions on the implementation of economic activities;
b) have status tax resident Russian Federation;
c) be registered on the territory of the Russian Federation in accordance with the Federal Law "On state registration legal entities and individual entrepreneurs";
d) no insolvency (bankruptcy) proceedings should be initiated against the borrower in accordance with the insolvency (bankruptcy) legislation of the Russian Federation;
e) not have overdue (unsettled) debts on taxes, fees and other mandatory payments to budgets budget system of the Russian Federation and to state off-budget funds.
5. The borrower independently chooses an authorized bank to receive a preferential short-term loan and (or) a preferential investment loan. The authorized bank considers the possibility of providing a preferential short-term loan and (or) a preferential investment loan in accordance with the rules and procedures adopted in the authorized bank.
6. At least 20 percent of the total volume of subsidies is used to compensate for the shortfall in income received by authorized banks on preferential short-term loans and (or) preferential investment loans issued to borrowers belonging to small forms of business. The procedure for monitoring compliance with this requirement is established by the Ministry of Agriculture of the Russian Federation.
7. A borrower applying for a preferential short-term loan and (or) a preferential investment loan shall submit documents to the authorized bank in accordance with the requirements of the authorized bank.
Verification of borrowers' compliance with the requirements specified in these Rules is carried out by an authorized bank.
8. The authorized bank sends to the Ministry of Agriculture of the Russian Federation and to the body authorized by the highest executive body of state power of the subject of the Russian Federation (hereinafter referred to as the authorized body of the subject of the Russian Federation), the register of potential borrowers.
9. Maintaining the register of borrowers is carried out by authorized banks.
The procedure for including a borrower included in the register of potential borrowers into the register of borrowers is established by the Ministry of Agriculture of the Russian Federation.
The borrower may be excluded by the authorized bank from the register of borrowers if he fails to comply with the conditions specified in, as well as in the cases established by these Rules, in the manner established by the Ministry of Agriculture of the Russian Federation.
10. Verification of the intended use of a preferential short-term loan and (or) a preferential investment loan is carried out by an authorized bank on the basis of documents submitted by the borrower in accordance with the loan agreement (agreement).
11. The credit resources provided by the authorized bank to the borrower in accordance with the loan agreement (agreement) cannot be placed on deposits, as well as in other financial instruments.
12. In order to determine the amount of subsidies in the next fiscal year, subject to provision to authorized banks, as part of the preparation of a draft federal law on the federal budget for the next financial year and planning period, the Ministry of Agriculture of the Russian Federation annually, before July 1 of the current financial year, forms a forecast for lending to borrowers for the next financial year for the constituent entities of the Russian Federation.
13. The forecast for lending to borrowers is formed by the Ministry of Agriculture of the Russian Federation on the basis of proposals from the authorized body of the subject of the Russian Federation, prepared based on the need to achieve targets related to the implementation government programs development of the agro-industrial complex of the constituent entities of the Russian Federation, and proposals from authorized banks prepared on the basis of registers of potential borrowers. Proposals for the next financial year are submitted to the Ministry of Agriculture of the Russian Federation annually before June 1 of the current financial year.
14. The Ministry of Agriculture of the Russian Federation forms a plan concessional lending borrowers for the next financial year (hereinafter - the plan) for the constituent entities of the Russian Federation, taking into account the terms of loan agreements (contracts) in the areas of lending based on:
priority financial support commitments made to state support preferential short-term loans and preferential investment loans of borrowers included in the register of borrowers;
borrower lending forecast.
15. The plan is approved by the Ministry of Agriculture of the Russian Federation annually before September 1 of the current financial year in the manner prescribed by it.
The plan contains:
a) a list of directions for the intended use of preferential short-term loans and (or) preferential investment loans;
b) the total amount of subsidies provided to authorized banks on preferential short-term loans and (or) preferential investment loans planned for issuance to borrowers in the territory of each subject of the Russian Federation.
16. The plan is posted on the official website of the Ministry of Agriculture of the Russian Federation in the information and telecommunications network "Internet" no later than 3 calendar days after its approval by the Ministry.
17. The Ministry of Agriculture of the Russian Federation, in accordance with the procedure established by it, in the event of a change in the current financial year limits budget commitments, approved by the Ministry for the purposes specified in these Rules, as well as taking into account the intensity of sampling (development) of the limits of budget obligations approved by the Ministry for the purposes specified in paragraph 1 of these Rules, has the right to adjust the plan.
18. Subsidies are provided to authorized banks in the amount of 100 percent key rate Central Bank Russian Federation, effective as of the date of conclusion of the loan agreement (agreement), and in the event of the conclusion of an additional agreement to loan agreement(agreement) associated with a change in the amount of payment for the use of a preferential short-term loan and (or) a preferential investment loan - as of the date of conclusion of an additional agreement to the loan agreement (agreement).
During the term of the loan agreement (agreement), the amount of the subsidy provided to authorized banks is calculated on the basis of 100 percent of the key rate of the Central Bank of the Russian Federation, effective on each date of accrual of interest by the authorized bank under the loan agreement (agreement).
In the event of a change in the size of the key rate of the Central Bank of the Russian Federation, its new value for calculating the amount of the subsidy is applied starting from the day following the day of its change.
The subsidizing period begins on the day the loan agreement (agreement) is concluded, but not earlier than the day these Rules come into force, and is valid until the expiration date of the loan agreement (agreement).
19. Subsidies are provided to authorized banks within the budget allocations provided for federal law on the federal budget for the corresponding financial year and planning period, and within the limits of budgetary obligations communicated in the prescribed manner to the Ministry of Agriculture of the Russian Federation for the purposes specified in these Rules, according to the plan.
20. The Ministry of Agriculture of the Russian Federation, no later than the 10th and 25th of each month, summarizes and places on its official website on the Internet information and telecommunication network information on the amount of subsidies not used by authorized banks for the purposes specified in these Rules.
21. Subsidies are provided to an authorized bank on the basis of an agreement on the provision of subsidies concluded between the authorized bank and the Ministry of Agriculture of the Russian Federation (hereinafter referred to as the agreement on the provision of subsidies). The form of the agreement on the provision of subsidies is developed by the Ministry of Agriculture of the Russian Federation in accordance with the standard form approved by the Ministry of Finance of the Russian Federation in the prescribed manner.
Subsidies are provided to an authorized bank that meets the requirements provided for in subparagraph "e" of paragraph 4 of the general requirements for regulatory legal acts, municipal legal acts regulating the provision of subsidies legal entities(with the exception of subsidies to state (municipal) institutions), individual entrepreneurs, as well as individuals- manufacturers of goods, works, services approved by the Decree of the Government of the Russian Federation dated September 6, 2016 No. 887 "On general requirements to regulatory legal acts, municipal legal acts regulating the provision of subsidies to legal entities (with the exception of subsidies to state (municipal) institutions), individual entrepreneurs, as well as individuals - producers of goods, works, services.
22. In order to form a register of loan agreements (agreements) on issued and (or) planned to issue preferential short-term loans and (or) preferential investment loans, the authorized bank shall quarterly calculate the need for a subsidy in the form established by the Ministry of Agriculture of the Russian Federation and until December 1 of the current financial year sends an application to the Ministry of Agriculture of the Russian Federation on the conclusion of an agreement on the provision of subsidies for the next financial year in free form signed by the head of the authorized bank, with the following documents attached:
a) a certificate signed by the head and chief accountant or authorized persons of the authorized bank, affixed with the seal (if any) of the bank, indicating bank details for which the subsidy is transferred;
b) an application for the transfer of subsidies due to an authorized bank on granted preferential short-term loans and (or) preferential investment loans and planned for issuance in the next year, in the form approved by the Ministry of Agriculture of the Russian Federation.
23. The agreement on the provision of subsidies provides for:
a) the timing of the transfer of the subsidy;
b) the duty of the Ministry of Agriculture of the Russian Federation and the state financial control to conduct inspections of compliance by the authorized bank with the goals, conditions and procedure for granting subsidies in accordance with these Rules;
c) the values of the performance indicators for the use of subsidies provided for by these Rules;
d) the responsibility of the authorized bank for violation of the conditions determined by the agreement on the provision of subsidies;
e) the procedure and terms for the return by the authorized bank of the funds of subsidies used by the authorized bank, in the event that, based on the results of inspections conducted by the Ministry of Agriculture of the Russian Federation and (or) the state financial control body, it is established that the goals and conditions for the provision of subsidies specified in the agreement on the provision of subsidies have been violated subsidies;
f) the grounds and procedure for terminating the agreement on the provision of subsidies;
g) a list of documents submitted by an authorized bank to receive a subsidy;
h) the amount of subsidies in accordance with these Rules;
i) the account to which funds are transferred in case of a positive decision on the provision of subsidies;
j) the procedure and terms for the return of the relevant funds by the authorized bank in case of failure to achieve the performance indicators for the provision of the subsidy specified in these Rules;
k) the procedure, forms and terms for reporting on the use of subsidies and on the achievement of performance indicators for the provision of subsidies specified in these Rules, determined by the Ministry of Agriculture of the Russian Federation.
24. An agreement on the provision of subsidies is concluded for the period of validity of the limits of budget obligations brought to the Ministry of Agriculture of the Russian Federation for the purposes specified in these Rules, until the obligations stipulated by the agreement are fully fulfilled.
25. Subsidies in the next financial year are provided to an authorized bank on the basis of an agreement on the provision of subsidies no later than 10 business days of the financial year after the limits of budgetary obligations are brought to the attention of the Ministry of Agriculture of the Russian Federation.
26. An application for a subsidy is submitted by an authorized bank to the Ministry of Agriculture of the Russian Federation on a monthly basis within 5 working days after the end of the calendar month and includes the following documents(as of the 1st day of the reporting month):
application for a subsidy (in any form);
a report certified by an authorized bank on the amounts of loans issued and accrued interest, the amounts paid by the borrower Money on the principal and interest (with terms) on a preferential short-term loan and (or) a preferential investment loan, as well as information on the need for subsidies;
a register of loan agreements (agreements) concluded in the previous month between borrowers and an authorized bank, as well as a register of loan agreements (agreements) under which the borrower violated the conditions regarding the return of borrowed funds;
an act of reconciliation of settlements between the Ministry of Agriculture of the Russian Federation and an authorized bank under an agreement on the provision of subsidies, signed by an authorized bank;
Report on intended use preferential short-term loans and (or) preferential investment loans received by borrowers;
other documents stipulated by the agreement.
The authorized bank is responsible for the accuracy of the information provided.
27. Ministry of Agriculture of the Russian Federation:
a) registers the documents specified in these Rules;
b) checks, within 7 working days from the date of receipt of the documents specified in these Rules, the completeness and accuracy of the information contained in them and makes a decision to provide a subsidy or to refuse to provide a subsidy;
c) inform about decision authorized bank within 3 working days from the date of the decision.
28. The basis for refusal to provide a subsidy to an authorized bank may be the non-compliance of the documents submitted by the authorized bank with the provisions of these Rules.
29. If a decision is made to refuse to provide a subsidy, the Ministry of Agriculture of the Russian Federation, within the period specified in these Rules, sends an appropriate notification to the authorized bank indicating the reasons for the refusal and returns the submitted documents.
Re-submission by the authorized bank of the documents provided for by these Rules is possible no later than 5 working days after the return of the submitted documents.
30. The right to receive a subsidy arises for an authorized bank from the date of conclusion of an agreement on the provision of subsidies.
31. The transfer of the subsidy is carried out monthly no later than the 10th working day after the Ministry of Agriculture of the Russian Federation accepts the documents specified in these Rules to the correspondent account of an authorized bank opened with an institution of the Central Bank of the Russian Federation or a credit institution.
The last transfer of the subsidy in the financial year, as well as the final reconciliation of subsidy payments, are carried out no later than December 15 of the current year.
32. An authorized bank has the right to determine the cost of a preferential short-term loan and (or) a preferential investment loan issued by it in accordance with its normative documents in cases:
a) violation by the borrower of the purposes of using a preferential short-term loan and (or) a preferential investment loan;
b) non-compliance of the borrower with the requirements established by these Rules (until the moment the documents confirming the borrower's compliance with the requirements established by paragraph 4 of these Rules are submitted to the authorized bank);
c) failure by the borrower to fulfill obligations to repay the principal debt and pay accrued interest in accordance with the payment schedule under the loan agreement (agreement) (except for the case (cases) of occurrence during the last 180 calendar days of overdue payments on principal and (or) interest with a duration of ( total duration) up to 90 calendar days inclusive) until the borrower fulfills its overdue obligations to repay the principal debt, pay accrued interest under the loan agreement (agreement);
d) signing by the borrower and the authorized bank of an agreement on extending the period of use of a preferential short-term loan and (or) a preferential investment loan (prolongation).
33. In the event of a lack of budget allocations and limits on budget obligations approved by the Ministry of Agriculture of the Russian Federation for the purposes specified in these Rules, the interest rate under the loan agreement (agreement) may be increased by an authorized bank by no more than 100 percent of the key rate of the Central Bank of the Russian Federation, effective on the day the authorized bank makes a decision to increase the interest rate under the loan agreement (agreement), and subsequently is calculated based on 100 percent of the key rate of the Central Bank of the Russian Federation, effective on each day the authorized bank accrues interest under the loan agreement (agreement ). In the event of a change in the size of the key rate of the Central Bank of the Russian Federation, its new value for calculating the amount of interest under a loan agreement (agreement) is applied starting from the day following the day of its change.
34. Document flow between the authorized bank and the Ministry of Agriculture of the Russian Federation may be carried out in in electronic format in compliance with the requirements of the legislation of the Russian Federation governing relations in the field of the use of electronic signatures. The Ministry of Finance of the Russian Federation has the right to gain access to the register of borrowers and the register of loan agreements, which is maintained by the Ministry of Agriculture of the Russian Federation on the basis of data provided by authorized banks in accordance with these Rules.
35. Information on the amount and timing of the transfer of subsidies to an authorized bank is taken into account by the Ministry of Agriculture of the Russian Federation when forming a forecast of cash payments from the federal budget, necessary for compiling, in the prescribed manner, a cash plan for the execution of the federal budget.
36. The effectiveness of the use of subsidies is assessed annually by the Ministry of Agriculture of the Russian Federation based on the degree of achievement of the following performance indicators for the provision of subsidies:
a) the volume of preferential short-term loans issued for the development of the agro-industrial complex, based on the ruble of the amount of subsidies provided;
b) the volume of preferential investment loans issued for the development of the agro-industrial complex, based on the ruble of the amount of subsidies provided.
37. In the event that the authorized bank reveals the misuse by the borrower of a preferential short-term loan and (or) a preferential investment loan, as well as non-compliance by the borrower with the requirements of these Rules, the authorized bank informs the Ministry of Agriculture of the Russian Federation about the fact of violation within 3 working days.
38. The Ministry of Agriculture of the Russian Federation and (or) the state financial control body are obliged to conduct audits of compliance by the authorized bank with the goals, conditions and procedure for granting subsidies in accordance with subparagraph "a" of paragraph 6 of the general requirements for regulatory legal acts, municipal legal acts regulating the provision of subsidies to legal entities (with the exception of subsidies to state (municipal) institutions), individual entrepreneurs, as well as individuals - manufacturers of goods, works, services, approved by Decree of the Government of the Russian Federation of September 6, 2016 No. 887 "On general requirements for regulatory legal acts , municipal legal acts regulating the provision of subsidies to legal entities (with the exception of subsidies to state (municipal) institutions), individual entrepreneurs, as well as individuals - producers of goods, works, services.
39. If it is established that the authorized bank has violated the goals and conditions for granting a subsidy, the corresponding funds shall be returned to the federal budget in accordance with the budget legislation of the Russian Federation. In this case, the authorized bank is obliged to pay a penalty, the amount of which is one three hundredth of the key rate of the Central Bank of the Russian Federation, effective on the day the penalty is charged, of the amount of the subsidy used in violation of the purposes or conditions for receiving it.
40. Control over compliance with the goals, conditions and procedure for granting subsidies is carried out by the Ministry of Agriculture of the Russian Federation and the federal executive body exercising the functions of control and supervision in the financial and budgetary sphere.
Document overview
The rules for granting subsidies from the federal budget to Russian credit organizations to compensate for their shortfall in income on loans issued to agricultural producers engaged in the production, processing of agricultural products and its sale, at a preferential rate, have been determined.
Subsidies will be provided to systemically important organizations, as well as banks selected by the Russian Ministry of Agriculture. The criteria for the selection of such authorized banks have been approved. In particular, the bank must have its own funds (capital) in the amount of at least 20 billion rubles, as well as specialized loan products and programs for agribusiness organizations.
Subsidies will be provided from 2017 to banks participating in the implementation of a new mechanism for preferential lending to agricultural producers to compensate for their lost income in the amount of 100% of the key rate of the Bank of Russia on loans issued at a rate of no more than 5%.
The borrower will independently choose an authorized bank to receive a preferential short-term loan and (or) a preferential investment loan.
The requirements for the borrower and the application for a subsidy, the procedure for the formation by the Ministry of a lending forecast and a plan for preferential lending to borrowers for the next financial year, the timing of the provision of subsidies to an authorized bank, a list of performance indicators for the provision of subsidies and other provisions have been established.
ON INTRODUCING AMENDMENTS TO SOME ACTS OF THE GOVERNMENT OF THE RUSSIAN FEDERATION
The Government of the Russian Federation decides:
1. Approve the attached changes that are made to the acts of the Government of the Russian Federation.
Prime Minister
Russian Federation
D. MEDVEDEV
APPROVED
Government Decree
Russian Federation
dated December 12, 2017 N 1528
CHANGES TO THE ACTS OF THE GOVERNMENT OF THE RUSSIAN FEDERATION
2. Decree of the Government of the Russian Federation of August 14, 2013 N 699 "On the settlements and transfer of funds in connection with the formation and use of additional oil and gas revenues of the federal budget, the resources of the Reserve Fund and the National Welfare Fund, as well as on the invalidation of certain acts Government of the Russian Federation" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2013, N 34, item 4434; 2014, N 15, item 1751; N 30, item 4303; 2015, N 35, item 4984):
a) in the name and paragraph 1 the words "Reserve Fund and" shall be deleted;
b) in the preamble the words "In accordance with Article 96.12 of the Budget Code of the Russian Federation" shall be deleted;
c) The rules for conducting settlements and transferring funds in connection with the formation and use of additional oil and gas revenues of the federal budget, the resources of the Reserve Fund and the National Wealth Fund, approved by the said resolution, shall be stated as follows:
"APPROVED
Government Decree
Russian Federation
dated August 14, 2013 N 699
(as amended by the decision
Government of the Russian Federation
dated December 12, 2017 N 1528)
RULES FOR CALCULATION AND TRANSFER OF FUNDS IN CONNECTION WITH THE FORMATION AND USE OF ADDITIONAL OIL AND GAS REVENUES FROM THE FEDERAL BUDGET AND FUNDS OF THE NATIONAL WEALTH FUND
1. These Rules determine the procedure for conducting settlements and transferring funds in connection with the formation and use of additional oil and gas revenues of the federal budget and funds from the National Welfare Fund.
2. The terms used in these Rules mean the following:
"expected monthly volume of oil and gas revenues" - the expected volume of cash receipts of oil and gas revenues of the federal budget in the current month, calculated on the basis of:
actual quotations for Urals crude oil for the period taken into account when calculating the tax rate for the extraction of minerals and the export customs duty rate for the current month;
the actual exchange rate of the US dollar against the ruble for the reporting month and the expected exchange rate of the US dollar against the ruble in the current month, which is equal to the actual exchange rate of the US dollar against the ruble for the reporting month;
estimates of the export price for natural gas in the current month based on the prevailing quotations for crude oil brand "Urals";
prices for natural gas in the domestic market according to the basic version of the forecast of the socio-economic development of the Russian Federation, which is the basis for the preparation of the federal law on the federal budget for this year and for the planned period (hereinafter referred to as the basic version of the forecast);
"actual monthly volume of oil and gas revenues" - the volume of cash receipts of oil and gas revenues of the federal budget for the reporting month;
"assessment of the basic monthly volume of oil and gas revenues" - the estimated volume of oil and gas revenues of the federal budget, calculated for the current month based on:
paragraph 4
the actual exchange rate of the US dollar against the ruble for the reporting month and the expected exchange rate of the US dollar against the ruble in the current month, which is equal to the current exchange rate of the US dollar against the ruble for the reporting month;
paragraph 4 of Article 96.6 of the Budget Code of the Russian Federation;
forecasted volumes of oil and gas production, volumes and structure of exports of oil, gas and oil products according to the baseline version of the forecast;
"basic monthly volume of oil and gas revenues" - the estimated amount of oil and gas revenues of the federal budget, calculated for the reporting month on the basis of:
the base price for Urals crude oil determined in accordance with paragraph 4 of Article 96.6 of the Budget Code of the Russian Federation;
the actual exchange rate of the US dollar against the ruble for the month preceding the reporting month and the actual exchange rate of the US dollar against the ruble for the reporting month;
the base export price for natural gas determined in accordance with paragraph 4 of Article 96.6 of the Budget Code of the Russian Federation;
prices for natural gas in the domestic market determined by the authorized federal executive body;
forecasted volumes of oil and gas production, volumes and structure of exports of oil, gas and oil products according to the baseline version of the forecast;
"correction of the assessment of oil and gas revenues" - the estimated value determined for the current month as the sum of:
the difference between the actual monthly volume of oil and gas revenues in the reporting month and the expected monthly volume of oil and gas revenues in the reporting month;
difference between the estimates of the basic monthly volume of oil and gas revenues in the reporting month and the basic monthly volume of oil and gas revenues in the reporting month;
"forecast of the annual volume of oil and gas revenues" - the expected value of oil and gas revenues of the federal budget, calculated for the next financial year and for each year of the planning period based on:
the forecasted price for Urals crude oil according to the baseline scenario for the socio-economic development forecast;
export price for natural gas according to the baseline forecast;
natural gas prices in the domestic market according to the base case forecast;
forecasted volumes of oil and gas production, volumes and structure of exports of oil, gas and oil products according to the baseline version of the forecast;
"forecast of the base annual volume of oil and gas revenues" - the estimated amount of oil and gas revenues of the federal budget for the next financial year and planning period, calculated on the basis of:
the base price for Urals oil, determined in accordance with paragraph 4 of Article 96.6 of the Budget Code of the Russian Federation;
the projected exchange rate of the US dollar against the ruble according to the base case of the forecast;
the base export price for natural gas in the next financial year and in each financial year of the planning period, determined in accordance with paragraph 4 of Article 96.6 of the Budget Code;
natural gas prices in the domestic market according to the base case forecast;
forecasted volumes of oil and gas production, volumes and structure of exports of oil, gas and oil products according to the baseline version of the forecast;
"basic annual volume of oil and gas revenues" - the estimated amount of oil and gas revenues of the federal budget, calculated as the sum of the basic monthly volumes of oil and gas revenues.
3. The projected amount of additional (short-received) oil and gas revenues of the federal budget when preparing a draft federal law on the federal budget for the next financial year and planning period is determined by the Ministry of Finance of the Russian Federation as the difference between the forecast for the annual volume of oil and gas revenues and the forecast for the basic annual volume of oil and gas revenues.
4. The volume of purchase (sale) of foreign currency in connection with the formation of additional (short-received) oil and gas revenues of the federal budget is determined by the Ministry of Finance of the Russian Federation on a monthly basis within the time limits established by it as the sum of:
the difference between the expected monthly volume of oil and gas revenues in the current month and estimates of the basic monthly volume of oil and gas revenues;
adjustments to the estimate of oil and gas revenues calculated for the current month.
If the sum of indicators calculated in accordance with this paragraph takes a positive value, foreign currency is purchased in the appropriate amount. If the specified amount takes a negative value, the sale of foreign currency is carried out in the appropriate volume.
5. By decision of the Ministry of Finance of the Russian Federation, the Federal Treasury carries out the purchase (sale) of foreign currency in the amount specified in paragraph 4 of these Rules. The purchase of foreign currency is carried out at the expense of the federal budget.
The sale of foreign currency is carried out at the expense of previously acquired foreign currency, and in its absence at the expense of the National Wealth Fund in foreign currency in an amount not exceeding the amount established by the federal law on the federal budget for the current financial year and the planned period of the volume of use of the National Wealth Fund to ensure balance (deficit coverage) of the federal budget.
6. Additional (under-received) oil and gas revenues of the federal budget during the preparation of a draft federal law on the execution of the federal budget for reporting year are determined by the Ministry of Finance of the Russian Federation as the difference between the actual cash receipts of oil and gas revenues of the federal budget for the reporting year and the base annual volume of oil and gas revenues for the reporting year.
7. The formation of the National Wealth Fund at the expense of additional oil and gas revenues of the federal budget is carried out in the currency of the Russian Federation and in foreign currency.
8. Funds from the National Wealth Fund are accounted for on separate accounts for the accounting of federal budget funds in the currency of the Russian Federation and in foreign currency opened for the Federal Treasury in the Central Bank of the Russian Federation.
9. Funds from the National Wealth Fund in an amount not exceeding the amount of funds of the National Welfare Fund established by the federal law on the federal budget for the current financial year and the planned period are used to co-finance voluntary pension savings citizens of the Russian Federation and to ensure balance (deficit coverage) of the federal budget and the budget pension fund Russian Federation, if it is provided for by the federal law on the federal budget for the current financial year and planning period.
10. Calculation of the volumes of use of the funds of the National Wealth Fund is carried out in the manner and terms established by the Ministry of Finance of the Russian Federation.
11. Funds from the National Wealth Fund to be used in accordance with the federal law on the federal budget for the current financial year and planning period for co-financing voluntary pension savings of citizens of the Russian Federation and for ensuring balance (covering the deficit) of the federal budget and the budget of the Pension Fund of the Russian Federation are transferred The Federal Treasury on the basis of a decision of the Ministry of Finance of the Russian Federation from the account for accounting for the funds of the National Welfare Fund to the account for accounting for the funds of the federal budget.
12. Federal budget funds in the amount equal to the volume of additional oil and gas revenues of the federal budget, as defined in paragraph 6 of these Rules, to be used for the formation of the National Welfare Fund, are transferred by the Federal Treasury by decision of the Ministry of Finance of the Russian Federation until October 1 of the year following the reporting year, from accounts for the accounting of federal budget funds in the currency of the Russian Federation and in foreign currency to accounts for the accounting of funds of the National Welfare Fund in the currency of the Russian Federation and in foreign currency.
Foreign currency purchased at the expense of the federal budget within the volume of additional oil and gas revenues of the federal budget is transferred to the accounts for the National Wealth Fund in foreign currency in the amount of its acquisition. A change in the ruble equivalent of the purchased foreign currency at the time of its transfer does not entail a recalculation of the amount of additional oil and gas revenues of the federal budget to be transferred to the accounts of the National Welfare Fund.
13. Income received from the management of the funds of the National Welfare Fund shall be transferred by the Federal Treasury on the basis of a decision of the Ministry of Finance of the Russian Federation from the account for accounting for federal budget funds to the account for accounting for the funds of the National Wealth Fund, if this is provided for by budgetary legislation.
14. The transfer of additional oil and gas revenues of the federal budget, funds of the National Wealth Fund and income from the management of the funds of the National Wealth Fund is carried out in the manner and within the time limits established by the Ministry of Finance of the Russian Federation.
15. Reports on the formation and use of additional oil and gas revenues of the federal budget, as well as the formation and use of funds from the National Wealth Fund, are submitted by the Ministry of Finance of the Russian Federation to the Government of the Russian Federation as part of the reporting on the execution of the federal budget.
16. The Ministry of Finance of the Russian Federation shall post information on the formation and use of additional oil and gas revenues of the federal budget, the transfer of funds to the National Wealth Fund and their use on its website in the information and telecommunication network "Internet" in the manner established by the Ministry.".
4. According to the text of Appendix No. 2 to the requirements for the composition and content of the budget forecast of the Russian Federation for the long-term period, provided for in the Appendix to the Rules for the development and approval of the budget forecast of the Russian Federation for the long-term period, approved by Decree of the Government of the Russian Federation of August 31, 2015 N 914 " On the budget forecast of the Russian Federation for the long term" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2015, N 37, item 5138), the words "Reserve Fund, at the end of the year as a percentage of the gross domestic product"exclude.
GOVERNMENT OF THE RUSSIAN FEDERATION RESOLUTION MOSCOW On approval of the Rules for provision from the federalbudget of subsidies to Russian credit institutions forreimbursement of their lost income on loans,issued to agricultural producers,organizations and individual entrepreneurs,engaged in production, primary and (or)subsequent (industrial) processingagricultural products and their sale, according topreferential rate, and on amendments to paragraph 9 of the Rulesprovision and distribution of subsidies from the federalbudget to the budgets of the constituent entities of the Russian Federation forreimbursement of part of the cost of paying interest on loans,received from Russian credit institutions, and loans,received in agricultural creditconsumer cooperatives(As amended by the Decrees of the Government of the Russian Federationdated March 31, 2017 N 396; dated July 24, 2017 N 875)The Government of the Russian Federation decides:1. Approve the attached Rules for the provision of subsidies from the federal budget to Russian credit organizations to compensate for their shortfall in income on loans issued to agricultural producers, organizations and individual entrepreneurs engaged in the production, primary and (or) subsequent (industrial) processing of agricultural products and its sale, according to preferential rate. 2. (No longer valid - Decree of the Government of the Russian Federation of March 31, 2017 N 396)3. This resolution shall enter into force on January 1, 2017.Prime MinisterRussian Federation D.Medvedev __________________________ APPROVED Government DecreeRussian Federationdated December 29, 2016 No. 1528 RULES provision of subsidies from the federal budget to Russiancredit institutions to compensate for lostthem income from loans issued to agriculturalproducers, organizations and individualmanufacturing entrepreneurs,primary and (or) subsequent (industrial)processing of agricultural productsand its implementation, at a reduced rate(As amended by the Decree of the Government of the Russian Federation dated July 24, 2017 N 875)1. These Rules establish the goals, conditions and procedure for granting subsidies from the federal budget to Russian credit organizations to compensate for their shortfall in income on loans issued to agricultural producers (with the exception of agricultural credit consumer cooperatives), organizations and individual entrepreneurs engaged in production, primary and (or ) subsequent (industrial) processing of agricultural products and their sale, at a preferential rate (hereinafter, respectively - the borrower, subsidies).Subsidies are provided for loans issued to agricultural producers, organizations and individual entrepreneurs engaged in production, primary and (or) subsequent (industrial) processing of agricultural products and their sale, with the exception of agricultural credit consumer cooperatives.2. The concepts used in these Rules mean the following:"loan agreement (agreement)" - a loan agreement or an additional agreement to the loan agreement (agreement), under which the authorized bank provides the borrower with a preferential short-term loan and (or) a preferential investment loan;"soft investment loan" - targeted funds in Russian rubles provided by an authorized bank after January 1, 2017 at a preferential rate for the implementation of one investment project for a period of 2 to 15 years inclusive for the purpose of developing crop and livestock sub-sectors, processing crop products and animal husbandry in accordance with the list approved by the Ministry of Agriculture of the Russian Federation;"preferential short-term loan" - targeted funds in Russian rubles provided after January 1, 2017 at a preferential rate to one borrower for a period of up to 1 year inclusive for the purpose of developing crop and livestock sub-sectors, processing crop and livestock products in accordance with the list approved Ministry of Agriculture of the Russian Federation;"preferential rate" - an interest rate on a short-term and (or) investment loan, which is not less than 1 percent per annum and not more than 5 percent per annum;"small forms of management" - peasant (farmer) farms established in accordance with the Federal Law "On the Peasant (Farmer's) Economy", and agricultural cooperatives (with the exception of agricultural credit consumer cooperatives) established in accordance with the Federal Law "On Agricultural Cooperation" , without restrictions on annual income, business companies, business partnerships and individual entrepreneurs engaged in the production and processing of agricultural products, as well as production cooperatives (with the exception of agricultural cooperatives) that purchase agricultural raw materials, annual income which for the reporting financial year is not more than 120 million rubles;"organizations and individual entrepreneurs engaged in the production, primary and (or) subsequent (industrial) processing of agricultural products and its sale" - organizations and individual entrepreneurs engaged in primary and (or) subsequent (industrial) processing of agricultural products (with the exception of fishing and fish farming in terms of artificial reproduction of aquatic biological resources) (including on leased fixed assets) and its implementation in accordance with the list approved by the Government of the Russian Federation in accordance with Part 2 of Article 11 of the Federal Law "On the Development of Agriculture";"registry of borrowers" - a list of borrowers formed by an authorized bank who received a preferential short-term loan and (or) a preferential investment loan, in the form approved by the Ministry of Agriculture of the Russian Federation;"register of potential borrowers" - a list of borrowers formed by an authorized bank who submitted an application to an authorized bank for a preferential short-term loan and (or) a preferential investment loan, in the form approved by the Ministry of Agriculture of the Russian Federation;"authorized bank" - a Russian credit institution, defined in accordance with the established procedure as a systemically important credit institution, the state corporation "Bank for Development and foreign economic activity(Vnesheconombank)", as well as a Russian credit institution selected in accordance with clause 3-1 of these Rules, and an international financial institution selected in accordance with clause 3-2 of these Rules.3. The selection of Russian credit organizations and international financial organizations as authorized banks is carried out by the Ministry of Agriculture of the Russian Federation in accordance with the procedure established by it. (As amended by the Decree of the Government of the Russian Federation of July 24, 2017 N 875)3-1. The criteria for selecting a Russian credit institution as an authorized bank are:a) availability of own funds (capital) in the amount of at least 10 billion rubles or in the amount of at least 5 billion rubles with experience in annual lending to organizations of the agro-industrial complex for at least 10 years or in the amount of at least 3 billion rubles (for registered in the territory of the subjects of the Far East federal district); b) the availability of specialized loan products and programs for organizations of the agro-industrial complex;c) the period of activity of the organization, taking into account reorganizations, is at least 5 years.3-2. The criteria for selecting an international financial organization as an authorized bank are:a) creation of an international financial organization on the basis of an interstate agreement with the participation of the Russian Federation;b) experience in public offerings of their valuable papers on the territory of the Russian Federation;c) the presence of a capital adequacy level as of the last reporting date of at least 20 percent;d) consent of the organization to the disclosure of supervisory information on the financial position;e) international financial institution must not be a foreign legal entity, as well as a Russian legal entity, in the authorized (share) capital of which the share of participation of foreign legal entities, the place of registration of which is the state or territory included in the list of states and territories approved by the Ministry of Finance of the Russian Federation, providing preferential tax treatment taxation and (or) not providing for the disclosure and provision of information when conducting financial transactions (offshore zones) in relation to such legal entities, in the aggregate exceeds 50 percent.(The paragraph was supplemented by Decree of the Government of the Russian Federation of July 24, 2017 N 875)4. The borrower must meet the following requirements:a) not be in the process of reorganization, liquidation; (As amended by the Decree of the Government of the Russian Federation of July 24, 2017 N 875)b) have the status of a tax resident of the Russian Federation;c) be registered on the territory of the Russian Federation in accordance with the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs";d) no insolvency (bankruptcy) proceedings should be initiated against the borrower in accordance with the insolvency (bankruptcy) legislation of the Russian Federation;e) not have an unfulfilled obligation to pay taxes, fees, insurance premiums, penalties, fines, interest payable in accordance with the legislation of the Russian Federation on taxes and fees. (As amended by the Decree of the Government of the Russian Federation of July 24, 2017 N 875)5. The borrower independently chooses an authorized bank to receive a preferential short-term loan and (or) a preferential investment loan. The authorized bank considers the possibility of providing a preferential short-term loan and (or) a preferential investment loan in accordance with the rules and procedures adopted in the authorized bank.6. The share of subsidies allocated to compensate for the shortfall in income received by authorized banks on preferential short-term loans issued to borrowers belonging to small forms of business in the territory of a separate subject of the Russian Federation is established by the Ministry of Agriculture of the Russian Federation in the amount of at least 20 percent of the total volume of subsidies provided for reimbursement of short-received income by authorized banks on preferential short-term loans planned for issuance on the territory of a separate subject of the Russian Federation.The share of subsidies allocated to compensate for the shortfall in income received by authorized banks on preferential short-term loans issued to borrowers belonging to small forms of business can be changed by the Ministry of Agriculture of the Russian Federation on the basis of proposals from the relevant body authorized by the highest executive body of state power of the constituent entity of the Russian Federation (hereinafter - the authorized body of the constituent entity of the Russian Federation), but must be at least the share of small businesses in the volume of agricultural products produced in the relevant constituent entity of the Russian Federation for the reporting financial year.Information on the share of small businesses in the volume of agricultural products produced in the constituent entity of the Russian Federation for the reporting financial year is provided to the Ministry of Agriculture of the Russian Federation by the relevant authorized body of the constituent entity of the Russian Federation before August 1 of the current financial year.If there is no need based on the results of the first half of the current financial year, on the basis of proposals from the authorized bodies of the constituent entities of the Russian Federation, the Ministry of Agriculture of the Russian Federation has the right, in the manner approved by the Ministry of Agriculture of the Russian Federation, to redistribute the unused amount of subsidies directed to compensate for the shortfall in income received by authorized banks on preferential short-term loans issued to borrowers belonging to small forms of business for other areas within the limit provided for reimbursement of shortfalls received by authorized banks on preferential short-term loans planned to be issued on the territory of the corresponding subject of the Russian Federation.The share of subsidies allocated to compensate for the shortfall in income received by authorized banks on preferential investment loans issued to borrowers belonging to small forms of business is established in accordance with the procedure approved by the Ministry of Agriculture of the Russian Federation.(Clause as amended by Decree of the Government of the Russian Federation of July 24, 2017 N 875)7. A borrower applying for a preferential short-term loan and (or) a preferential investment loan shall submit documents to the authorized bank in accordance with the requirements of the authorized bank.Documents confirming the borrower's compliance with the requirements specified in paragraph 4 of these Rules must be dated no later than 60 calendar days before the date of filing an application for a preferential short-term loan and (or) a preferential investment loan. A repeated request for supporting documents is regulated by the requirements of the authorized bank.Verification of borrowers' compliance with the requirements specified in paragraph 4 of these Rules is carried out by an authorized bank.(Clause as amended by Decree of the Government of the Russian Federation of July 24, 2017 N 875)8. The authorized bank sends to the Ministry of Agriculture of the Russian Federation and to the body authorized by the highest executive body of state power of the subject of the Russian Federation (hereinafter referred to as the authorized body of the subject of the Russian Federation), the register of potential borrowers.9. Maintaining the register of borrowers is carried out by authorized banks.The procedure for including a borrower included in the register of potential borrowers into the register of borrowers is established by the Ministry of Agriculture of the Russian Federation. Maximum size a preferential short-term loan provided to one borrower in the territory of each constituent entity of the Russian Federation is determined by the Ministry of Agriculture of the Russian Federation on the basis of proposals from the authorized bodies of the constituent entities of the Russian Federation in the manner approved by the Ministry of Agriculture of the Russian Federation.After January 1, 2018, the borrower has the right to conclude a loan agreement (agreement) with another authorized bank for the purpose of refinancing a previously concluded preferential investment loan, provided that the total term for using the preferential investment loan and the total amount of the subsidy on it do not exceed the terms and amount of the subsidy under previously concluded preferential investment loan.A borrower who received a short-term loan at a commercial rate from an authorized bank after July 1, 2017 may apply for a change in the terms of lending in terms of establishing a preferential rate in the manner established by the Ministry of Agriculture of the Russian Federation for borrowers applying for a preferential short-term loan by concluding additional agreement to the loan agreement (agreement).The borrower may be excluded by the authorized bank from the register of borrowers if he fails to comply with the conditions of paragraph 11 and in the cases established by subparagraphs "a" - "d" of paragraph 32 of these Rules, in the manner established by the Ministry of Agriculture of the Russian Federation.(Clause as amended by Decree of the Government of the Russian Federation of July 24, 2017 N 875)10. Verification of the intended use of a preferential short-term loan and (or) a preferential investment loan is carried out by an authorized bank on the basis of documents submitted by the borrower in accordance with the loan agreement (agreement), in accordance with the legislation of the Russian Federation. (As amended by the Decree of the Government of the Russian Federation of July 24, 2017 N 875)11. The credit resources provided by the authorized bank to the borrower in accordance with the loan agreement (agreement) cannot be placed on deposits, as well as in other financial instruments.12. In order to determine the amount of subsidies in the next financial year to be provided to authorized banks, as part of the preparation of the draft federal law on the federal budget for the next financial year and planning period, the Ministry of Agriculture of the Russian Federation annually, before July 1 of the current financial year, forms a forecast for lending to borrowers for the next financial year for the constituent entities of the Russian Federation.13. The forecast for lending to borrowers is formed by the Ministry of Agriculture of the Russian Federation on the basis of proposals from the authorized body of the constituent entity of the Russian Federation, prepared on the basis of the need to achieve target indicators related to the implementation of state programs for the development of the agro-industrial complex of the constituent entities of the Russian Federation, and proposals from authorized banks prepared on the basis of registers of potential borrowers. Proposals for the next financial year are submitted to the Ministry of Agriculture of the Russian Federation annually before June 1 of the current financial year.14. The Ministry of Agriculture of the Russian Federation forms a plan for preferential lending to borrowers for the next financial year (hereinafter referred to as the plan) for the constituent entities of the Russian Federation, taking into account the terms of loan agreements (contracts) in areas of lending based on:a) priority financial security of the obligations assumed for state support of preferential short-term loans and preferential investment loans of borrowers included in the register of borrowers;b) calculation of the total amount of subsidies provided to authorized banks on concessional short-term loans planned for issuance in the territory of each constituent entity of the Russian Federation using the following indicators:the size of sown areas in the territory of the subject of the Russian Federation;the number of the total livestock of farm animals in the territory of the subject of the Russian Federation;the value of agricultural products produced in the relevant subject of the Russian Federation.(Clause as amended by Decree of the Government of the Russian Federation of July 24, 2017 N 875)14-1. When calculating the total amount of subsidies provided to authorized banks on concessional short-term loans planned for issuance in the Siberian and Far Eastern federal districts, a multiplying factor of 1.2 is applied.The share of subsidies allocated to reimburse authorized banks for shortfall in income on preferential investment loans issued to borrowers for the development of dairy cattle breeding is at least 10 percent of the total amount of subsidies provided for compensating authorized banks for shortfall in income on preferential investment loans.(The paragraph was supplemented by Decree of the Government of the Russian Federation of July 24, 2017 N 875)15. The plan is approved by the Ministry of Agriculture of the Russian Federation annually before September 1 of the current financial year in the manner prescribed by it. The plan contains: a) a list of directions for the intended use of preferential short-term loans and (or) preferential investment loans;b) the total amount of subsidies provided to authorized banks on preferential short-term loans and (or) preferential investment loans planned for issuance to borrowers in the territory of each subject of the Russian Federation.16. The plan is posted on the official website of the Ministry of Agriculture of the Russian Federation in the information and telecommunications network "Internet" no later than 3 calendar days after its approval by the Ministry.17. The Ministry of Agriculture of the Russian Federation, in accordance with the procedure established by it, in the event of a change in the current financial year, the limits of budget obligations approved by the Ministry as a recipient of federal budget funds for the purposes specified in paragraph 1 of these Rules, as well as taking into account the intensity of sampling (development) of the limits of budget obligations approved by the Ministry for the purposes specified in paragraph 1 of these Rules, has the right to adjust the plan. (As amended by the Decree of the Government of the Russian Federation of July 24, 2017 N 875)18. Subsidies are provided to authorized banks in the amount of 100 percent of the key rate of the Central Bank of the Russian Federation, effective as of the date of conclusion of the loan agreement (agreement), and in the event of the conclusion of an additional agreement to the loan agreement (agreement) associated with a change in the amount of fees for using a preferential short-term loan and (or) a preferential investment loan - as of the date of conclusion of an additional agreement to the loan agreement (agreement).During the term of the loan agreement (agreement), the amount of the subsidy provided to authorized banks is calculated on the basis of 100 percent of the key rate of the Central Bank of the Russian Federation, effective on each date of accrual of interest by the authorized bank under the loan agreement (agreement).In the event of a change in the size of the key rate of the Central Bank of the Russian Federation, its new value for calculating the amount of the subsidy is applied starting from the day following the day of its change.The subsidizing period begins on the day the loan agreement (agreement) is concluded, but not earlier than the day these Rules come into force, and is valid until the expiration date of the loan agreement (agreement).19. Subsidies are provided to authorized banks within the budget allocations provided for by the federal law on the federal budget for the corresponding financial year and planning period, and within the limits of budgetary obligations communicated in the prescribed manner to the Ministry of Agriculture of the Russian Federation as a recipient of federal budget funds for the purposes specified in paragraph 1 of these Rules, according to the plan. (As amended by the Decree of the Government of the Russian Federation of July 24, 2017 N 875)20. The Ministry of Agriculture of the Russian Federation, no later than the 10th and 25th of each month, summarizes and places on its official website on the Internet information and telecommunication network information on the amount of subsidies not used by authorized banks for the purposes specified in paragraph 1 of these Rules.21. Subsidies are provided to an authorized bank on the basis of an agreement on the provision of subsidies concluded between the authorized bank and the Ministry of Agriculture of the Russian Federation in accordance with the standard form approved by the Ministry of Finance of the Russian Federation (hereinafter referred to as the agreement on the provision of subsidies). (As amended by the Decree of the Government of the Russian Federation of July 24, 2017 N 875)Subsidies are provided to an authorized bank that meets the requirements provided for by subparagraph "e" of paragraph 4 of the general requirements for regulatory legal acts, municipal legal acts regulating the provision of subsidies to legal entities (with the exception of subsidies to state (municipal) institutions), individual entrepreneurs, as well as individuals - manufacturers of goods, works, services approved by Decree of the Government of the Russian Federation of September 6, 2016 No. 887 "On general requirements for regulatory legal acts, municipal legal acts regulating the provision of subsidies to legal entities (with the exception of subsidies to state (municipal) institutions), individual entrepreneurs, as well as individuals - producers of goods, works, services.22. In order to form a register of loan agreements (agreements) on issued and (or) planned to issue preferential short-term loans and (or) preferential investment loans, the authorized bank shall quarterly calculate the need for a subsidy in the form established by the Ministry of Agriculture of the Russian Federation and until December 1 of the current financial year sends to the Ministry of Agriculture of the Russian Federation an application for the conclusion of an agreement on the provision of subsidies for the next financial year in any form, signed by the head of an authorized bank, with the following documents attached:a) a certificate signed by the head and chief accountant or authorized persons of the authorized bank, affixed with the seal (if any) of the bank, indicating the bank details to which the subsidy is transferred;b) an application for the transfer of subsidies due to an authorized bank on granted preferential short-term loans and (or) preferential investment loans and planned for issuance in the next year, in the form approved by the Ministry of Agriculture of the Russian Federation.The Ministry of Finance of the Russian Federation has the right to request information on the register of borrowers and the register of loan agreements, which is maintained by the Ministry of Agriculture of the Russian Federation on the basis of data provided by authorized banks. (Supplemented by Decree of the Government of the Russian Federation of July 24, 2017 N 875)23. The agreement on the provision of subsidies provides for:a) the timing of the transfer of the subsidy;b) the obligation of the Ministry of Agriculture of the Russian Federation and the authorized bodies of state financial control to conduct audits of compliance by the authorized bank with the goals, conditions and procedure for granting subsidies in accordance with paragraph 38 of these Rules and the consent of the authorized bank to conduct such audits; (As amended by the Decree of the Government of the Russian Federation of July 24, 2017 N 875)c) the values of performance indicators for the use of subsidies provided for in paragraph 36 of these Rules;d) the responsibility of the authorized bank for violation of the conditions determined by the agreement on the provision of subsidies;e) the procedure and terms for the return by the authorized bank of the funds of subsidies used by the authorized bank, in the event that, based on the results of inspections conducted by the Ministry of Agriculture of the Russian Federation and (or) the state financial control body, it is established that the goals and conditions for the provision of subsidies specified in the agreement on the provision of subsidies have been violated subsidies;f) the grounds and procedure for terminating the agreement on the provision of subsidies;g) a list of documents submitted by an authorized bank to receive a subsidy;h) the amount of subsidies in accordance with paragraph 18 of these Rules;i) the account to which funds are transferred in case of a positive decision on the provision of subsidies;j) the procedure and terms for the return by the authorized bank of the relevant funds in case of failure to achieve the performance indicators for the provision of the subsidy specified in paragraph 36 of these Rules;k) the procedure, forms and terms for reporting on the use of subsidies and on the achievement of performance indicators for the provision of subsidies specified in paragraph 36 of these Rules, determined by the Ministry of Agriculture of the Russian Federation.24. An agreement on the provision of subsidies is concluded for the duration of the agreements brought to the Ministry of Agriculture of the Russian Federation as a recipient of federal budget funds limits of budgetary obligations for the purposes specified in paragraph 1 of these Rules, until the full fulfillment of the obligations stipulated by the agreement. (As amended by the Decree of the Government of the Russian Federation of July 24, 2017 N 875)25. Subsidies in the next financial year are provided to an authorized bank on the basis of an agreement on the provision of subsidies no later than 10 business days of the financial year after the limits of budgetary obligations are brought to the Ministry of Agriculture of the Russian Federation as a recipient of federal budget funds.(As amended by the Decree of the Government of the Russian Federation of July 24, 2017 N 875)26. An application for a subsidy is submitted by an authorized bank to the Ministry of Agriculture of the Russian Federation on a monthly basis within 5 working days after the end of the calendar month and includes the following documents (as of the 1st day of the reporting month):application for a subsidy (in any form);a report certified by an authorized bank on the amounts of loans issued and accrued interest, the amounts of money paid by the borrower on the principal and interest (with an indication of the terms) on a preferential short-term loan and (or) a preferential investment loan, as well as information on the need for subsidies;a register of loan agreements (agreements) concluded in the previous month between borrowers and an authorized bank, as well as a register of loan agreements (agreements) under which the borrower violated the conditions regarding the return of borrowed funds;an act of reconciliation of settlements between the Ministry of Agriculture of the Russian Federation and an authorized bank under an agreement on the provision of subsidies, signed by an authorized bank;a report on the intended use of preferential short-term loans and (or) preferential investment loans received by borrowers;other documents stipulated by the agreement.The authorized bank is responsible for the accuracy of the information provided.27. Ministry of Agriculture of the Russian Federation:a) registers the documents specified in paragraph 26 of these Rules;b) checks, within 7 working days from the date of receipt of the documents specified in paragraph 26 of these Rules, the completeness and accuracy of the information contained in them and makes a decision to provide a subsidy or to refuse to provide a subsidy;c) notify the authorized bank of the decision taken within 3 working days from the date of the decision.28. The basis for refusal to provide a subsidy to an authorized bank may be:a) non-compliance of the documents submitted by the authorized bank with the provisions of paragraph 26 of these Rules;b) unreliability of the information provided by the authorized bank.(Clause as amended by Decree of the Government of the Russian Federation of July 24, 2017 N 875)29. If a decision is made to refuse to provide a subsidy, the Ministry of Agriculture of the Russian Federation, within the period specified in subparagraph "c" of paragraph 27 of these Rules, sends an appropriate notification to the authorized bank indicating the reasons for the refusal and returns the submitted documents.Re-submission by the authorized bank of the documents provided for in paragraph 26 of these Rules is possible no later than 5 working days after the return of the submitted documents.30. The right to receive a subsidy arises for an authorized bank from the date of conclusion of an agreement on the provision of subsidies.31. The subsidy is transferred monthly no later than the 10th business day after the Ministry of Agriculture of the Russian Federation accepts the documents specified in clause 26 of these Rules to the correspondent account of an authorized bank opened with an institution of the Central Bank of the Russian Federation or a credit institution.The last transfer of the subsidy in the financial year, as well as the final reconciliation of subsidy payments, are carried out no later than December 15 of the current year.32. An authorized bank has the right to determine the cost of a preferential short-term loan and (or) a preferential investment loan issued by it in accordance with its regulatory documents in the following cases:a) violation by the borrower of the purposes of using a preferential short-term loan and (or) a preferential investment loan;b) non-compliance of the borrower with the requirements established by paragraphs 4 and 5 of these Rules (until the moment the documents confirming the borrower's compliance with the requirements established by paragraph 4 of these Rules are submitted to the authorized bank);c) failure by the borrower to fulfill obligations to repay the principal debt and pay accrued interest in accordance with the payment schedule under the loan agreement (agreement) (except for the case (cases) of occurrence during the last 180 calendar days of overdue payments on principal and (or) interest with a duration of ( total duration) up to 90 calendar days inclusive) until the borrower fulfills its overdue obligations to repay the principal debt, pay accrued interest under the loan agreement (agreement);d) signing by the borrower and the authorized bank of an agreement on extending the period of use of a preferential short-term loan and (or) a preferential investment loan (prolongation).33. In the event of a lack of budget allocations and limits on budget obligations approved by the Ministry of Agriculture of the Russian Federation for the purposes specified in paragraph 1 of these Rules, the interest rate under the loan agreement (agreement) may be increased by an authorized bank by no more than 100 percent of the key rate of the Central Bank of the Russian Federation, effective on the day the authorized bank makes a decision to increase the interest rate under the loan agreement (agreement), and subsequently calculated based on 100 percent of the key rate of the Central Bank of the Russian Federation, effective on each day the authorized bank accrues interest under the loan agreement (agreement). In the event of a change in the size of the key rate of the Central Bank of the Russian Federation, its new value for calculating the amount of interest under a loan agreement (agreement) is applied starting from the day following the day of its change.34. The document flow between the authorized bank and the Ministry of Agriculture of the Russian Federation is carried out, including in electronic form, using the infrastructure that provides information and technological interaction information systems used to provide state and municipal services and perform state and municipal functions in electronic form. (As amended by the Decree of the Government of the Russian Federation of July 24, 2017 N 875)35. Information on the amount and timing of the transfer of subsidies to an authorized bank is taken into account by the Ministry of Agriculture of the Russian Federation when forming a forecast of cash payments from the federal budget, necessary for compiling, in the prescribed manner, a cash plan for the execution of the federal budget.36. The effectiveness of the use of subsidies is assessed annually by the Ministry of Agriculture of the Russian Federation based on the degree of achievement of the following performance indicators for the provision of subsidies:a) the volume of preferential short-term loans issued for the development of the agro-industrial complex, based on the ruble of the amount of subsidies provided;b) the volume of preferential investment loans issued for the development of the agro-industrial complex, based on the ruble of the amount of subsidies provided.37. In the event that the authorized bank reveals the misuse by the borrower of a preferential short-term loan and (or) a preferential investment loan, as well as non-compliance by the borrower with the requirements of paragraph 11 of these Rules, the authorized bank informs the Ministry of Agriculture of the Russian Federation about the fact of violation within 3 working days.38. The Ministry of Agriculture of the Russian Federation and (or) the state financial control body are obliged to conduct audits of compliance by the authorized bank with the goals, conditions and procedure for granting subsidies in accordance with subparagraph "a" of paragraph 6 of the general requirements for regulatory legal acts, municipal legal acts regulating the provision of subsidies to legal entities (with the exception of subsidies to state (municipal) institutions), individual entrepreneurs, as well as individuals - manufacturers of goods, works, services, approved by Decree of the Government of the Russian Federation of September 6, 2016 No. 887 "On general requirements for regulatory legal acts , municipal legal acts regulating the provision of subsidies to legal entities (with the exception of subsidies to state (municipal) institutions), individual entrepreneurs, as well as individuals - producers of goods, works, services.39. If it is established that the authorized bank has violated the conditions, objectives and procedure for granting a subsidy or the failure to achieve performance indicators for the use of the subsidy, the relevant funds shall be returned to the federal budget in accordance with the procedure established by the legislation of the Russian Federation within 30 calendar days from the date of receipt of the relevant request from the Ministry agriculture of the Russian Federation and (or) the authorized body of state financial control. In this case, the authorized bank is obliged to pay a penalty, the amount of which is one three hundredth of the key rate of the Central Bank of the Russian Federation, effective on the day the penalty is charged, of the amount of the subsidy used in violation of the purposes or conditions for receiving it. (As amended by the Decree of the Government of the Russian Federation of July 24, 2017 N 875)40. Control over compliance with the goals, conditions and procedure for granting subsidies is carried out by the Ministry of Agriculture of the Russian Federation and the federal executive body exercising the functions of control and supervision in the financial and budgetary sphere. ____________
Decree of the Government of the Russian Federation of December 29, 2016 N 1528 (as amended of April 26, 2019) "On Approval of the Rules for Providing Subsidies from the Federal Budget to Russian Credit Institutions, International Financial Institutions and the State Corporation "Bank for Development and Foreign Economic Affairs (Vnesheconombank)" to compensate for the shortfall they received income on loans issued to agricultural producers (with the exception of agricultural credit consumer cooperatives), organizations and individual entrepreneurs engaged in the production, primary and (or) subsequent (industrial) processing of agricultural products and their sale, at a reduced rate, and on amendments to clause 9 Rules for the provision and distribution of subsidies from the federal budget to the budgets of the constituent entities of the Russian Federation to reimburse part of the cost of paying interest on loans received from Russian credit institutions and loans received from agricultural credit consumer companies
PROVISIONS FROM THE FEDERAL BUDGET OF SUBSIDIES
RUSSIAN CREDIT ORGANIZATIONS, INTERNATIONAL FINANCIAL
TO ORGANIZATIONS AND STATE CORPORATION "DEVELOPMENT BANK"
AND FOREIGN ECONOMIC ACTIVITIES (VNESHECONOMBANK)" ON
COMPENSATION OF INCOME UNDER RECEIVED ON THE LOANS ISSUED BY THEM
FOR AGRICULTURAL PRODUCERS (EXCEPT
AGRICULTURAL CREDIT CONSUMER COOPERATIVES),
FOR ORGANIZATIONS AND INDIVIDUAL ENTREPRENEURS CARRYING OUT
PRODUCTION, PRIMARY AND (OR) SUBSEQUENT (INDUSTRIAL)
PROCESSING OF AGRICULTURAL PRODUCTS
AND ITS REALIZATION, AT A PREFERENTIAL RATE
Judicial practice and legislation - Decree of the Government of the Russian Federation of December 29, 2016 N 1528 (as amended on April 26, 2019) "On approval of the Rules for granting subsidies from the federal budget to Russian credit institutions, international financial organizations and the state corporation" Bank for Development and Foreign Economic Affairs (Vnesheconombank) "to compensate for their shortfall in income on loans issued to agricultural producers (with the exception of agricultural credit consumer cooperatives), organizations and individual entrepreneurs engaged in production, primary and (or) subsequent (industrial) processing of agricultural products and its sale, at a reduced rate, and on amendments to paragraph 9 of the Rules for the provision and distribution of subsidies from the federal budget to the budgets of the constituent entities of the Russian Federation for the reimbursement of part of the costs of paying interest on loans received from Russian credit institutions and loans received from agricultural credit consumer companies
In accordance with clause 2 of the Rules for granting subsidies from the federal budget to Russian credit organizations to compensate for their lost income on loans issued to agricultural producers, organizations and individual entrepreneurs engaged in production, primary and (or) subsequent (industrial) processing of agricultural products and its sale, at a preferential rate, approved by Decree of the Government of the Russian Federation of December 29, 2016 N 1528 "On approval of the Rules for the provision of subsidies from the federal budget to Russian credit organizations to compensate for their lost income on loans issued to agricultural producers, organizations and individual entrepreneurs engaged in production, primary and (or) subsequent (industrial) processing of agricultural products and their sale, at a preferential rate, and on amendments to paragraph 9 of the Rules for the provision and distribution of subsidies from the federal budget to the budgets of the constituent entities of the Russian Federation for reimbursement of part of the costs of paying interest on loans received in Russian credit institutions, and loans received from agricultural credit consumer cooperatives" (Official Internet portal of legal information www.pravo.gov.ru, December 30, 2016, N 0001201612300086), I order.
Decree of the Government of the Russian Federation of December 29, 2016 N 1528 (as amended on April 26, 2019) On approval of the Rules for granting subsidies from the federal budget to Russian credit institutions, international financial organizations and the state corporation Bank for Development and Foreign Economic Affairs (Vnesheconombank) to compensate for their lost income on loans issued to agricultural producers (with the exception of agricultural credit consumer cooperatives), organizations and individual entrepreneurs engaged in the production, primary and (or) subsequent (industrial) processing of agricultural products and their sale, at a reduced rate, and on amendments to paragraph 9 of the Rules for granting and distribution of subsidies from the federal budget to the budgets of the constituent entities of the Russian Federation to reimburse part of the cost of paying interest on loans received from Russian credit institutions and loans received from agricultural credit consumer companies
PROVISIONS FROM THE FEDERAL BUDGET OF SUBSIDIES
RUSSIAN CREDIT ORGANIZATIONS, INTERNATIONAL FINANCIAL
TO ORGANIZATIONS AND STATE CORPORATION "DEVELOPMENT BANK"
AND FOREIGN ECONOMIC ACTIVITIES (VNESHECONOMBANK)" ON
COMPENSATION OF INCOME UNDER RECEIVED ON THE LOANS ISSUED BY THEM
FOR AGRICULTURAL PRODUCERS (EXCEPT
AGRICULTURAL CREDIT CONSUMER COOPERATIVES),
FOR ORGANIZATIONS AND INDIVIDUAL ENTREPRENEURS CARRYING OUT
PRODUCTION, PRIMARY AND (OR) SUBSEQUENT (INDUSTRIAL)
PROCESSING OF AGRICULTURAL PRODUCTS
AND ITS REALIZATION, AT A PREFERENTIAL RATE
1. These Rules establish the goals, conditions and procedure for granting subsidies from the federal budget to Russian credit institutions, international financial organizations and the state corporation "Bank for Development and Foreign Economic Affairs (Vnesheconombank)" to compensate for their lost income on loans issued to agricultural producers (with the exception of agricultural credit consumer cooperatives), organizations and individual entrepreneurs engaged in production, primary and (or) subsequent (industrial) processing of agricultural products and its sale, at a reduced rate (hereinafter, respectively - the borrower, subsidies).
These Rules do not apply to agricultural producers, organizations and individual entrepreneurs engaged in production, primary and (or) subsequent (industrial) processing of agricultural products and its sale, in terms of agreements they have concluded to increase competitiveness, provided for in paragraph 1 of the Rules for the provision of subsidies from the federal budget Russian credit institutions, international financial institutions and the state development corporation "VEB.RF" to compensate for their lost income on loans issued to agricultural producers (except for agricultural credit consumer cooperatives), organizations and individual entrepreneurs engaged in production, primary and (or) subsequent (industrial) processing of agricultural products and their sale, at a reduced rate, approved by Decree of the Government of the Russian Federation of April 26, 2019 N 512 "On the provision of subsidies from the federal budget to Russian credit organizations, international financial organizations and the state development corporation "VEB.RF" to compensate for their shortfall in income on loans issued to agricultural producers (with the exception of agricultural credit consumer cooperatives), organizations and individual entrepreneurs involved in the production, primary and (or) subsequent (industrial) processing of agricultural products that have concluded agreements on increasing competitiveness and its implementation, at a reduced rate.
Subsidies are provided for loans issued to agricultural producers, organizations and individual entrepreneurs engaged in production, primary and (or) subsequent (industrial) processing of agricultural products and their sale, with the exception of agricultural credit consumer cooperatives.
Subsidies are also provided to compensate credit institutions for shortfall in income from soft loans using settlements on irrevocable letters of credit opened in an authorized bank containing a condition for making a payment upon submission to an authorized bank of documents confirming the fact that the borrower has received property (acceptance by him of the results of work performed, services rendered).
2. The concepts used in these Rules mean the following:
"loan agreement (agreement)" - a loan agreement or an additional agreement to the loan agreement (agreement), under which the authorized bank provides the borrower with a preferential short-term loan and (or) a preferential investment loan;
"soft investment loan" - targeted funds in Russian rubles provided by an authorized bank after January 1, 2017 at a preferential rate for the implementation of one investment project for a period of 2 to 15 years inclusive for the purpose of developing crop and livestock sub-sectors, processing crop products and animal husbandry in accordance with the list approved by the Ministry of Agriculture of the Russian Federation;
"preferential short-term loan" - targeted funds in Russian rubles provided after January 1, 2017 at a preferential rate to one borrower for a period of up to 1 year inclusive for the purpose of developing crop and livestock sub-sectors, processing crop and livestock products in accordance with the list approved Ministry of Agriculture of the Russian Federation;
"preferential rate" - an interest rate on a short-term and (or) investment loan, which is not less than 1 percent per annum and not more than 5 percent per annum;
"small forms of management" - peasant (farmer) farms established in accordance with the Federal Law "On the Peasant (Farmer's) Economy", and agricultural cooperatives (with the exception of agricultural credit consumer cooperatives) established in accordance with the Federal Law "On Agricultural Cooperation" , without restrictions on annual income, business companies, business partnerships and individual entrepreneurs engaged in the production and processing of agricultural products, as well as production cooperatives (with the exception of agricultural cooperatives) that purchase agricultural raw materials, the annual income of which for the reporting financial year is not more than 120 million rubles;
"organizations and individual entrepreneurs engaged in production, primary and (or) subsequent (industrial) processing of agricultural products and their sale" -
Organizations and individual entrepreneurs engaged in primary and (or) subsequent (industrial) processing of agricultural products (except for fishing and fish farming in terms of artificial reproduction of aquatic biological resources) (including on leased fixed assets) and its implementation in accordance with the list of products approved by the Government the Russian Federation in accordance with Part 1 of Article 7 and Part 2 of Article 11 of the Federal Law "On the Development of Agriculture";
Organizations and individual entrepreneurs implementing investment projects for the production and (or) primary and (or) subsequent (industrial) processing of agricultural products and their sale, aimed at the development of crop and livestock sub-sectors, processing of crop and livestock products in accordance with the list of areas of intended use preferential investment loans approved by the Ministry of Agriculture of the Russian Federation, according to the list of products approved by the Government of the Russian Federation in accordance with Part 1 of Article 3 of the Federal Law "On the Development of Agriculture", as well as organizations and individual entrepreneurs implementing investment projects for primary and (or ) subsequent (industrial) processing of products and their sale, aimed at the development of crop and livestock sub-sectors, processing of crop and livestock products in accordance with the list of areas for the targeted use of preferential investment loans approved by the Ministry of Agriculture of the Russian Federation, in accordance with the list of products approved by the Government of the Russian Federation in accordance with Part 1 of Article 7 and Part 2 of Article 11 of the Federal Law "On the Development of Agriculture". For organizations and individual entrepreneurs specified in this paragraph, after 3 years from the date of conclusion of an agreement on the provision of a preferential investment loan, but no later than the expiration date of such a loan, the share of income from the sale of these products in the total income from the sale of goods (works, services ) will be at least 70 percent per calendar year (the requirement for the share of income does not apply to organizations and individual entrepreneurs implementing investment projects for the construction of wholesale distribution centers);
"registry of borrowers" - a list of borrowers formed by an authorized bank who received a preferential short-term loan and (or) a preferential investment loan, in the form approved by the Ministry of Agriculture of the Russian Federation;
"register of potential borrowers" - a list of borrowers formed by an authorized bank who submitted an application to an authorized bank for a preferential short-term loan and (or) a preferential investment loan, in the form approved by the Ministry of Agriculture of the Russian Federation;
"authorized bank" - a Russian credit institution, defined in accordance with the established procedure as a systemically important credit institution, the state corporation "Bank for Development and Foreign Economic Affairs (Vnesheconombank)", as well as a Russian credit institution selected in accordance with paragraph 3(1) of these Rules, and an international financial institution selected in accordance with paragraph 3(2) of these Rules.
3. The selection of Russian credit organizations and international financial organizations as authorized banks is carried out by the Ministry of Agriculture of the Russian Federation in accordance with the procedure established by it.
3(1). The criteria for selecting a Russian credit institution as an authorized bank are:
A) the presence of own funds (capital) in the amount of at least 10 billion rubles or in the amount of at least 5 billion rubles with experience in annual lending to organizations of the agro-industrial complex for at least 10 years or in the amount of at least 3 billion rubles (for registered in the territory of the subjects of the Far Eastern Federal District);
B) the availability of specialized loan products and programs for organizations of the agro-industrial complex;
C) the period of activity of the organization, taking into account reorganizations, is at least 5 years.
3(2). The criteria for selecting an international financial organization as an authorized bank are:
A) creation of an international financial organization on the basis of an interstate agreement with the participation of the Russian Federation;
B) experience in public placements of its securities in the territory of the Russian Federation;
C) the presence of a capital adequacy level as of the last reporting date of at least 20 percent;
D) consent of the organization to the disclosure of supervisory information on the financial position;
E) an international financial organization should not be a foreign legal entity, as well as a Russian legal entity, in the authorized (share) capital of which the share of participation of foreign legal entities, the place of registration of which is the state or territory included in the list of states and territories approved by the Ministry of Finance 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) in relation to such legal entities, in the aggregate exceeds 50 percent.
4. The borrower must meet the following requirements:
A) not be in the process of liquidation, reorganization (with the exception of reorganization in the form of affiliation or transformation, provided that the borrower retains the status of an agricultural producer or the status of an organization engaged in primary and (or) subsequent (industrial) processing of agricultural products and its sale, as well as for exclusion of small forms of management;
B) have the status of a tax resident of the Russian Federation;
C) be registered on the territory of the Russian Federation in accordance with the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs";
D) in respect of the borrower, insolvency (bankruptcy) proceedings must not be initiated in accordance with the legislation of the Russian Federation on insolvency (bankruptcy);
E) not have an unfulfilled obligation to pay taxes, fees, insurance premiums, penalties, fines, interest payable in accordance with the legislation of the Russian Federation on taxes and fees;
E) be an agricultural commodity producer or an organization, an individual entrepreneur engaged in production, primary and (or) subsequent (industrial) processing of agricultural products and its sale, or belong to small forms of management.
5. The borrower independently chooses an authorized bank to receive a preferential short-term loan and (or) a preferential investment loan. The authorized bank considers the possibility of providing a preferential short-term loan and (or) a preferential investment loan in accordance with the rules and procedures adopted in the authorized bank.
6. The share of subsidies allocated to compensate for the shortfall in income received by authorized banks on preferential short-term loans issued to borrowers belonging to small forms of business in the territory of a separate subject of the Russian Federation is established by the Ministry of Agriculture of the Russian Federation in the amount of at least 20 percent of the total volume of subsidies provided for reimbursement of short-received income by authorized banks on preferential short-term loans planned for issuance on the territory of a separate subject of the Russian Federation.
The share of subsidies allocated to compensate for the shortfall in income received by authorized banks on preferential short-term loans issued to borrowers belonging to small forms of business can be changed by the Ministry of Agriculture of the Russian Federation on the basis of proposals from the relevant body authorized by the highest executive body of state power of the constituent entity of the Russian Federation (hereinafter - the authorized body of the constituent entity of the Russian Federation), but must be at least the share of small businesses in the volume of agricultural products produced in the relevant constituent entity of the Russian Federation for the reporting financial year.
Information on the share of small businesses in the volume of agricultural products produced in the constituent entity of the Russian Federation for the reporting financial year is provided to the Ministry of Agriculture of the Russian Federation by the relevant authorized body of the constituent entity of the Russian Federation before August 1 of the current financial year.
If there is no need based on the results of the first half of the current financial year, on the basis of proposals from the authorized bodies of the constituent entities of the Russian Federation, the Ministry of Agriculture of the Russian Federation has the right, in the manner approved by the Ministry of Agriculture of the Russian Federation, to redistribute the unused amount of subsidies directed to compensate for the shortfall in income received by authorized banks on preferential short-term loans issued to borrowers belonging to small forms of business for other areas within the limit provided for reimbursement of shortfalls received by authorized banks on preferential short-term loans planned to be issued on the territory of the corresponding subject of the Russian Federation.
The share of subsidies allocated to compensate for the shortfall in income received by authorized banks on preferential investment loans issued to borrowers belonging to small forms of business is established in accordance with the procedure approved by the Ministry of Agriculture of the Russian Federation.
7. A borrower applying for a preferential short-term loan and (or) a preferential investment loan shall submit documents to the authorized bank in accordance with the requirements of the authorized bank.
Documents confirming the borrower's compliance with the requirements specified in paragraph 4 of these Rules must be dated no later than 60 calendar days before the date of filing an application for a preferential short-term loan and (or) a preferential investment loan. A repeated request for supporting documents is regulated by the requirements of the authorized bank.
Verification of borrowers' compliance with the requirements specified in paragraph 4 of these Rules is carried out by an authorized bank.
7(1). Documents confirming the share of income from the sale of products in the income from the sale of goods (works, services), which is at least 70 percent per calendar year, are submitted to the authorized bank:
A) agricultural producers (with the exception of agricultural credit consumer cooperatives), as well as organizations and individual entrepreneurs engaged in primary and (or) subsequent (industrial) processing of agricultural products (with the exception of fishing and fish farming in terms of the artificial reproduction of aquatic biological resources) (including including leased fixed assets) and its sale in accordance with the list of products approved by the Government of the Russian Federation in accordance with Part 1 of Article 7 and Part 2 of Article 11 of the Federal Law "On the Development of Agriculture" - on the day of filing an application for a preferential short-term loan and ( or) preferential investment credit;
B) organizations and individual entrepreneurs implementing investment projects for the production and (or) primary and (or) subsequent (industrial) processing of agricultural products and their sale, aimed at developing crop and livestock sub-sectors, processing crop and livestock products in accordance with the list of areas targeted use of preferential investment loans approved by the Ministry of Agriculture of the Russian Federation, according to the list of products approved by the Government of the Russian Federation in accordance with Part 1 of Article 3 of the Federal Law "On the Development of Agriculture", as well as organizations and individual entrepreneurs implementing investment projects for primary and (or) subsequent (industrial) processing of products and their sale, aimed at the development of crop and livestock sub-sectors, processing of crop and livestock products in accordance with the list of areas for the targeted use of preferential investment loans approved by the Ministry of Agriculture of the Russian Federation, in accordance with the list of products approved by the Government of the Russian Federation in accordance with Part 1 of Article 7 and Part 2 of Article 11 of the Federal Law "On the Development of Agriculture", whose income share is from the sale of these products in the total income from the sale of goods (works, services) will be at least 70 percent for the calendar year - no later than 3 years from the date of conclusion of the loan agreement (agreement) for obtaining a preferential investment loan for the purpose of financing the investment project, but not later than the expiration date of such loan.
8. The authorized bank sends to the Ministry of Agriculture of the Russian Federation and to the body authorized by the highest executive body of state power of the subject of the Russian Federation (hereinafter referred to as the authorized body of the subject of the Russian Federation), the register of potential borrowers.
9. Maintaining the register of borrowers is carried out by authorized banks.
The procedure for including a borrower included in the register of potential borrowers into the register of borrowers is established by the Ministry of Agriculture of the Russian Federation.
The maximum amount of a preferential short-term loan provided to one borrower in the territory of each constituent entity of the Russian Federation is determined by the Ministry of Agriculture of the Russian Federation on the basis of proposals from the authorized bodies of the constituent entities of the Russian Federation in the manner approved by the Ministry of Agriculture of the Russian Federation.
After January 1, 2018, the borrower has the right to conclude a loan agreement (agreement) with another authorized bank for the purpose of refinancing a previously concluded preferential investment loan, provided that the total term for using the preferential investment loan and the total amount of the subsidy on it do not exceed the terms and amount of the subsidy under previously concluded preferential investment loan.
A borrower who received a short-term loan at a commercial rate from an authorized bank after July 1, 2017 may apply for a change in the terms of lending in terms of establishing a preferential rate in the manner established by the Ministry of Agriculture of the Russian Federation for borrowers applying for a preferential short-term loan by concluding additional agreement to the loan agreement (agreement).
The borrower may be excluded by the authorized bank from the register of borrowers if he fails to comply with the conditions of paragraph 11 and in the cases established by subparagraphs "a" - "d" of paragraph 32 of these Rules, in the manner established by the Ministry of Agriculture of the Russian Federation.
10. Verification of the intended use of a preferential short-term loan and (or) a preferential investment loan is carried out by an authorized bank on the basis of documents submitted by the borrower in accordance with the loan agreement (agreement), in accordance with the legislation of the Russian Federation.
When providing a preferential short-term loan and (or) a preferential investment loan for the payment of advances in payment for the acquired property (work performed, services rendered), the term for the delivery of property (performance of work, provision of services) should not exceed the term of this preferential loan.
When providing a preferential short-term loan and (or) a preferential investment loan using settlements on irrevocable letters of credit opened in an authorized bank containing a condition for making a payment upon submission to an authorized bank of documents confirming the fact that the borrower has received property (acceptance by him of the results of work performed, services rendered) , the term of execution of such a letter of credit should not exceed the term of the loan. In case of failure to execute a letter of credit during the term of a preferential short-term loan and (or) a preferential investment loan, the authorized bank returns the subsidy in the amount corresponding to the amount of the subsidy transferred to the authorized bank to reimburse them for lost income on the loan (part of the loan).
11. The credit resources provided by the authorized bank to the borrower in accordance with the loan agreement (agreement) cannot be placed on deposits, as well as in other financial instruments.
11(1). It is allowed to include in loan agreements (agreements) conditions on the conversion of funds of preferential short-term loans and (or) preferential investment loans into foreign currency for settlements with suppliers under foreign trade contracts under irrevocable letters of credit containing a condition for making payment upon submission to an authorized bank of documents confirming the fact that the borrower has received property (acceptance by him of the results of work performed, services rendered).
12. In order to determine the amount of subsidies in the next financial year to be provided to authorized banks, as part of the preparation of the draft federal law on the federal budget for the next financial year and planning period, the Ministry of Agriculture of the Russian Federation annually, before July 1 of the current financial year, forms a forecast for lending to borrowers for the next financial year for the constituent entities of the Russian Federation.
13. The forecast for lending to borrowers is formed by the Ministry of Agriculture of the Russian Federation on the basis of proposals from the authorized body of the constituent entity of the Russian Federation, prepared on the basis of the need to achieve target indicators related to the implementation of state programs for the development of the agro-industrial complex of the constituent entities of the Russian Federation, and proposals from authorized banks prepared on the basis of registers of potential borrowers. Proposals for the next financial year are submitted to the Ministry of Agriculture of the Russian Federation annually before June 1 of the current financial year.
14. The Ministry of Agriculture of the Russian Federation forms a plan for preferential lending to borrowers for the next financial year (hereinafter referred to as the plan) for the constituent entities of the Russian Federation, taking into account the terms of loan agreements (contracts) in areas of lending based on:
A) priority financial security of the assumed obligations for state support of preferential short-term loans and preferential investment loans of borrowers included in the register of borrowers;
B) calculation of the total amount of subsidies provided to authorized banks on concessional short-term loans planned for issuance in the territory of each constituent entity of the Russian Federation using the following indicators:
The size of sown areas in the territory of the subject of the Russian Federation;
The number of the total livestock of farm animals in the territory of the subject of the Russian Federation;
The value of agricultural products produced in the relevant subject of the Russian Federation.
14(1). When calculating the total amount of subsidies provided to authorized banks on concessional short-term loans planned for issuance in the Siberian and Far Eastern Federal Districts, a multiplier of 1.2 is applied.
The share of subsidies allocated to reimburse authorized banks for shortfall in income on preferential investment loans issued to borrowers for the development of dairy cattle breeding is at least 10 percent of the total amount of subsidies provided for compensating authorized banks for shortfall in income on preferential investment loans.
15. The plan is approved by the Ministry of Agriculture of the Russian Federation annually before November 1 of the current financial year in the manner prescribed by it.
The plan contains:
A) a list of areas for the targeted use of preferential short-term loans and (or) preferential investment loans;
B) the total amount of subsidies provided to authorized banks on preferential short-term loans and (or) preferential investment loans planned for issuance to borrowers in the territory of each constituent entity of the Russian Federation.
16. The plan is posted on the official website of the Ministry of Agriculture of the Russian Federation in the information and telecommunications network "Internet" no later than 3 calendar days after its approval by the Ministry.
17. The Ministry of Agriculture of the Russian Federation, in accordance with the procedure established by it, in the event of a change in the current financial year of the limits of budget obligations approved by the Ministry as a recipient of federal budget funds for the purposes specified in clause 1 of these Rules, and also taking into account the intensity of sampling (development) of budget limits obligations approved by the Ministry as a recipient of federal budget funds for the purposes specified in paragraph 1 of these Rules, has the right to correct the plan.
18. Subsidies are provided to authorized banks under loan agreements (agreements) concluded:
In 2017 and 2018 - in the amount of 100 percent of the key rate of the Central Bank of the Russian Federation, effective as of the date of conclusion of the loan agreement (agreement), and in the event of the conclusion of an additional agreement to the loan agreement (agreement) associated with a change in the amount of fees for the use of preferential short-term a loan and (or) a preferential investment loan - as of the date of conclusion of an additional agreement to the loan agreement (agreement);
In 2019 and subsequent years - in the amount of 90 percent of the key rate of the Central Bank of the Russian Federation, effective as of the date of conclusion of the loan agreement (agreement), and in the event of the conclusion of an additional agreement to the loan agreement (agreement) related to a change in the amount of the fee for using preferential a short-term loan and (or) a preferential investment loan - as of the date of conclusion of an additional agreement to the loan agreement (agreement).
During the term of the loan agreement (agreement), the amount of the subsidy provided to authorized banks is calculated:
Under loan agreements (agreements) concluded in 2017 and 2018 - based on 100 percent of the key rate of the Central Bank of the Russian Federation, effective on each date of accrual of interest by an authorized bank under a loan agreement (agreement);
For loan agreements (agreements) concluded in 2019 and subsequent years - based on 90 percent of the key rate of the Central Bank of the Russian Federation in force on each date of accrual of interest by an authorized bank under a loan agreement (agreement).
In the event of a change in the key rate of the Central Bank of the Russian Federation, its new value for calculating the amount of the subsidy is applied starting from the day following the day of its change.
The subsidizing period starts from the day the loan agreement (agreement) is concluded, including for preferential loans using letters of credit settlements.
The subsidizing period is valid until the expiration date of the loan agreement (agreement) inclusive.
19. Subsidies are provided to authorized banks within the budget allocations provided for by the federal law on the federal budget for the corresponding financial year and planning period, and within the limits of budgetary obligations brought in the prescribed manner to the Ministry of Agriculture of the Russian Federation as the recipient of federal budget funds for the purposes indicated in paragraph 1 of these Rules, according to the plan.
20. The Ministry of Agriculture of the Russian Federation, no later than the 10th and 25th of each month, summarizes and places on its official website on the Internet information and telecommunication network information on the amount of subsidies not used by authorized banks for the purposes specified in paragraph 1 of these Rules.
21. Subsidies are provided to an authorized bank on the basis of an agreement on the provision of subsidies concluded between the authorized bank and the Ministry of Agriculture of the Russian Federation in accordance with the standard form approved by the Ministry of Finance of the Russian Federation (hereinafter referred to as the agreement on the provision of subsidies).
Subsidies are provided to an authorized bank that, on the first day of the month preceding the month in which the conclusion of the agreement is planned, meets the following requirements:
The authorized bank must not have an unfulfilled obligation to pay taxes, fees, insurance premiums, penalties, fines, interest payable in accordance with the legislation of the Russian Federation on taxes and fees;
The authorized bank must not have any arrears on the return to the federal budget of subsidies, budget investments provided, inter alia, in accordance with other legal acts, and other arrears to the federal budget;
The authorized bank should not be in the process of reorganization, liquidation, bankruptcy;
The authorized bank must not be a foreign legal entity, as well as a Russian legal entity, in the authorized (share) capital of which the share of participation of foreign legal entities, the place of registration of which is the state or territory included in the list of states and territories approved by the Ministry of Finance of the Russian Federation, providing preferential the tax regime of taxation and (or) not providing for the disclosure and provision of information when conducting financial transactions (offshore zones) in relation to such legal entities, in the aggregate exceeds 50 percent;
An authorized bank should not receive funds from the federal budget on the basis of other regulatory legal acts for the purposes specified in paragraph 1 of these Rules.
22. In order to form a register of loan agreements (agreements) on issued and (or) planned to issue preferential short-term loans and (or) preferential investment loans, the authorized bank shall quarterly calculate the need for a subsidy in the form established by the Ministry of Agriculture of the Russian Federation and until December 1 of the current financial year sends to the Ministry of Agriculture of the Russian Federation an application for the conclusion of an agreement on the provision of subsidies for the next financial year in any form, signed by the head of an authorized bank, with the following documents attached:
A) a certificate signed by the head and chief accountant or authorized persons of the authorized bank, sealed (if any) by the bank, indicating the bank details to which the subsidy is transferred;
B) an application for the transfer of subsidies due to an authorized bank for granted preferential short-term loans and (or) preferential investment loans and planned for issuance in the next year, in the form approved by the Ministry of Agriculture of the Russian Federation.
The Ministry of Finance of the Russian Federation has the right to request information on the register of borrowers and the register of loan agreements, which is maintained by the Ministry of Agriculture of the Russian Federation on the basis of data provided by authorized banks.
23. The agreement on the provision of subsidies provides for:
A) the timing of the transfer of the subsidy;
B) the consent of the authorized bank for the Ministry of Agriculture of the Russian Federation and the state financial control bodies to conduct audits of compliance by the authorized bank with the goals, conditions and procedure for granting a subsidy, which are established by these Rules and the subsidy agreement;
C) the values of the performance indicators for the use of subsidies provided for in paragraph 36 of these Rules;
D) the responsibility of the authorized bank for violation of the conditions determined by the agreement on the provision of subsidies;
E) the procedure and terms for the return by the authorized bank of the subsidy funds used by the authorized bank, in the event that, based on the results of inspections conducted by the Ministry of Agriculture of the Russian Federation and (or) the state financial control body, it is established that there is a violation of the goals and conditions for the provision of subsidies specified in the agreement on the provision of subsidies;
E) the grounds and procedure for terminating the agreement on the provision of subsidies;
G) a list of documents submitted by an authorized bank to receive a subsidy;
H) the amount of subsidies in accordance with paragraph 18 of these Rules;
I) the account to which funds are transferred in the event of a positive decision on the provision of subsidies;
J) the procedure and terms for the return by the authorized bank of the relevant funds in case of failure to achieve the performance indicators for the provision of the subsidy specified in paragraph 36 of these Rules;
K) the procedure, forms and terms for reporting on the use of subsidies and on the achievement of performance indicators for the provision of subsidies specified in paragraph 36 of these Rules, determined by the Ministry of Agriculture of the Russian Federation.
24. An agreement on the provision of subsidies is concluded for the duration of the limits of budgetary obligations brought to the Ministry of Agriculture of the Russian Federation as a recipient of federal budget funds for the purposes specified in paragraph 1 of these Rules, until the obligations stipulated by the agreement are fully fulfilled.
25. Subsidies in the next financial year are provided to an authorized bank on the basis of an agreement on the provision of subsidies no later than 10 business days of the financial year after the limits of budgetary obligations are brought to the attention of the Ministry of Agriculture of the Russian Federation as a recipient of federal budget funds.
26. An application for a subsidy is submitted by an authorized bank to the Ministry of Agriculture of the Russian Federation on a monthly basis within 5 working days after the end of the calendar month and includes the following documents (as of the 1st day of the reporting month):
Application for a subsidy (in any form);
A report certified by an authorized bank on the amounts of loans issued and accrued interest, the amounts of money paid by the borrower on the principal and interest (with an indication of the terms) on a preferential short-term loan and (or) a preferential investment loan, as well as information on the need for subsidies;
Register of loan agreements (agreements) concluded in the previous month between borrowers and an authorized bank, as well as a register of loan agreements (agreements) under which the borrower violated the conditions regarding the return of borrowed funds;
An act of reconciliation of settlements between the Ministry of Agriculture of the Russian Federation and an authorized bank under an agreement on the provision of subsidies, signed by an authorized bank;
Report on the intended use of preferential short-term loans and (or) preferential investment loans received by borrowers;
30. The right to receive a subsidy arises for an authorized bank from the date of conclusion of an agreement on the provision of subsidies.
31. The subsidy is transferred monthly no later than the 10th business day after the Ministry of Agriculture of the Russian Federation accepts the documents specified in clause 26 of these Rules to the correspondent account of an authorized bank opened with an institution of the Central Bank of the Russian Federation or a credit institution.
The last transfer of the subsidy in the financial year, as well as the final reconciliation of subsidy payments, are carried out no later than December 15 of the current year.
32. An authorized bank has the right to determine the cost of a preferential short-term loan and (or) a preferential investment loan issued by it in accordance with its regulatory documents in the following cases:
A) violation by the borrower of the purposes of using a preferential short-term loan and (or) a preferential investment loan;
B) non-compliance of the borrower with the requirements established by paragraphs 4 and these Rules (until the moment the documents confirming the borrower's compliance with the requirements established by paragraph 4 of these Rules are submitted to the authorized bank);
C) failure by the borrower to fulfill obligations to repay the principal debt and pay accrued interest in accordance with the payment schedule under the loan agreement (agreement) (except for the case (cases) of occurrence during the last 180 calendar days of overdue payments on principal and (or) interest with a duration of ( total duration) up to 90 calendar days inclusive) until the borrower fulfills its overdue obligations to repay the principal debt, pay accrued interest under the loan agreement (agreement);
D) signing by the borrower and the authorized bank of an agreement on the extension of the term for using a preferential short-term loan and (or) a preferential investment loan (prolongation).
33. In the event of a lack of budget allocations and limits of budget obligations approved by the Ministry of Agriculture of the Russian Federation for the purposes specified in paragraph 1 of these Rules, the interest rate under the loan agreement (agreement) may be increased by an authorized bank:
Under loan agreements (agreements) concluded in 2017 and 2018 - by no more than 100 percent of the key rate of the Central Bank of the Russian Federation in force on the day the authorized bank makes a decision to increase the interest rate under the loan agreement (agreement), and in the future interest rate on said treaties(agreements) is calculated on the basis of 100 percent of the key rate of the Central Bank of the Russian Federation, effective on each day the authorized bank accrues interest under a loan agreement (agreement);
Under loan agreements (agreements) concluded in 2019 and subsequent years - by no more than 90 percent of the key rate of the Central Bank of the Russian Federation in force on the day the authorized bank makes a decision to increase the interest rate under the loan agreement (agreement), and in further, the interest rate under the said agreements (agreements) is calculated on the basis of 90 percent of the key rate of the Central Bank of the Russian Federation, effective on each day the authorized bank accrues interest under the loan agreement (agreement).
In the event of a change in the size of the key rate of the Central Bank of the Russian Federation, its new value for calculating the amount of interest under a loan agreement (agreement) is applied starting from the day following the day of its change.
34. The document flow between the authorized bank and the Ministry of Agriculture of the Russian Federation is carried out, including in electronic form, using the infrastructure that provides information and technological interaction of information systems used to provide state and municipal services and perform state and municipal functions in electronic form.
35. Information on the amount and timing of the transfer of subsidies to an authorized bank is taken into account by the Ministry of Agriculture of the Russian Federation when forming a forecast of cash payments from the federal budget, necessary for compiling, in the prescribed manner, a cash plan for the execution of the federal budget.
36. The effectiveness of the use of subsidies is assessed annually by the Ministry of Agriculture of the Russian Federation based on the degree of achievement of the following performance indicators for the provision of subsidies:
A) the volume of preferential short-term loans issued for the development of the agro-industrial complex, based on the ruble of the amount of subsidies provided;
B) the volume of preferential investment loans issued for the development of the agro-industrial complex, based on the ruble of the amount of subsidies provided.
37. In the event that the authorized bank reveals the misuse by the borrower of a preferential short-term loan and (or) a preferential investment loan, including with the use of settlements under letters of credit, as well as non-compliance by the borrower with the requirements of paragraph 11 of these Rules, the authorized bank informs the Ministry of Agriculture within 3 working days the Russian Federation on the fact of violation, indicating the amount of funds of preferential investment loans and (or) preferential short-term loans used not according to intended purpose, and the period of their inappropriate use.
In the event that the authorized bank reveals that the borrower has misused a preferential short-term loan (part of the loan) and (or) a preferential investment loan (part of the loan), the authorized bank shall refund funds in the amount corresponding to the amount of the subsidy transferred to the authorized bank to reimburse them for lost income on the loan (part of the loan). credit) used for other than its intended purpose.
38. The Ministry of Agriculture of the Russian Federation and (or) the state financial control body are obliged to conduct audits of compliance by the authorized bank with the goals, conditions and procedure for granting subsidies in accordance with subparagraph "a" of paragraph 6 of the general requirements for regulatory legal acts, municipal legal acts regulating the provision of subsidies to legal entities (with the exception of subsidies to state (municipal) institutions), individual entrepreneurs, as well as individuals - manufacturers of goods, works, services, approved by Decree of the Government of the Russian Federation of September 6, 2016 N 887 "On general requirements for regulatory legal acts , municipal legal acts regulating the provision of subsidies to legal entities (with the exception of subsidies to state (municipal) institutions), individual entrepreneurs, as well as individuals - producers of goods, works, services.
39. If it is established that the authorized bank has violated the conditions, objectives and procedure for granting a subsidy or the failure to achieve performance indicators for the use of the subsidy, the relevant funds shall be returned to the federal budget in accordance with the procedure established by the legislation of the Russian Federation within 30 calendar days from the date of receipt of the relevant request from the Ministry agriculture of the Russian Federation and (or) the authorized body of state financial control. In this case, the authorized bank is obliged to pay a penalty, the amount of which is one three hundredth of the key rate of the Central Bank of the Russian Federation, effective on the day the penalty is charged, of the amount of the subsidy used in violation of the purposes or conditions for receiving it.
40. Control over compliance with the goals, conditions and procedure for granting subsidies is carried out by the Ministry of Agriculture of the Russian Federation and the federal executive body exercising the functions of control and supervision in the financial and budgetary sphere.