On the Skolkovo innovation centre

On 28 September, Federal Law No. 244-FZ “On the Skolkovo innovation centre” was adopted, together with Federal Law No. 243-FZ of the same date “On amending specific legislative acts of the Russian Federation in connection with the adoption of the Federal Law ‘On the Skolkovo innovation centre’.”

Federal Law No. 244-FZ “On the Skolkovo innovation centre” (the “Law”) governs the relationships that arise as the project to form and make operational the standalone geographical area (the Skolkovo innovation centre) is implemented. It will make possible within that geographical area all activities that are an everyday part of life.

The project to form and make operational the Skolkovo innovation centre (the “Project”) aims to advance research and development and apply the results commercially in the following areas:
(1) power efficiency and energy conservation, including developing innovative energy technologies;
(2) nuclear energy technologies;
(3) space-based technologies, especially in the area of telecommunications and navigation systems (including constructing the necessary infrastructure on the ground);
(4) medical technologies in the area of developing equipment and medicines;
(5) strategic computer technologies and software.

The Law’s important distinguishing feature is that participants in the Project who undertake research in the Skolkovo centre are eligible for the reimbursement of expenses incurred on export duties and VAT (article 11 of the Law). They may also hire foreign experts under a simplified procedure (article 16 of the Law).

Article 15 of the Law also stipulates a simplified procedure for the adoption of the town planning documents necessary for construction within the Skolkovo centre.

Medical and educational services within the centre will be carried out by private organisations without licences and state accreditations. Instead, under article 17 of the Law, they must obtain a permission fr om the managing authority that is  understood to mean a Russian legal entity to which implementation of the project has been delegated under the procedure established by the President of the Russian Federation.

Within the Skolkovo centre, under article 19 of the Law, special subdivisions of various state authorities are being created – including in the areas of internal affairs, migration, tax supervision and customs matters.

A Russian organisation founded exclusively to undertake research at the Skolkovo centre may be a participant in the Project. This status is granted by the managing company for up to ten years.

Since you could potentially be a participant in the Project, we wish to draw your attention to the following requirements for a participant, established by the Law:

- A legal person shall have the status of a Project participant fr om the date on which it is entered in the register of Project participants. A decision as to whether a legal entity should be included in the register of Project participants shall be taken according to the procedure approved by the managing company.

  A decision to include a legal entity in the register of Project participants may be taken wh ere all of the following conditions are observed:
(1) it is a legal entity formed in accordance with Russian law;
(2) a permanently active executive body, or other bodies or persons which may act on the legal entity’s behalf without the need for a power of attorney, are permanently located within the centre;
(3) the legal entity’s constituent documents provide that the sole object of its activity is to carry out research in accordance with the Law;
(4) the legal entity undertakes to carry out research in accordance with the Law and to observe the rules of the Project.

Moreover, the managing company may establish further conditions which must be observed for a decision to be taken to include a legal entity in the register of Project participants.

- A legal entity’s status as a registered Project participant shall expire ten years after it is first included in the register of Project participants. It may lose its status earlier if it is liquidated or reorganised in accordance with Russian law (save wh ere the reorganisation is a change in legal form, or if it is a merger of companies each of which is already a Project participant when the successor company obtains its state registration). A decision to exclude a legal entity from the register of Project participants before its registration as a participant expires may only be taken under the procedure approved by the management company.

- Such a decision to exclude a legal entity from the register of Project participants before its registration as a participant expires shall be taken when a Project participant:
(1) breaches the Project rules;
(2) fails to observe the requirements of the Law;
(3) refuses to take part in the Project.

For further information, please contact: 

in Moscow – Denis Bykov, Head of Dispute resolution and mediation practice, at: (495) 967-0007 or by e-mail; Roman Serb-Serbin, Associate, at: (495) 967-0007 or by r.serb-serbin@pgplaw.ru

in St Petersburg - Sergey Spasennov, Partner, Head of St. Petersburg office, on tel.: (812) 333-07-17 or by e-mail