Federal Law No. 438-FZ "On
Amendments to Article 22 of the Federal Law “On Concession Agreements”, the
Federal Law “On Highways and Highway Activities in the Russian Federation” and
certain legislative acts of the Russian Federation" (hereinafter "the
Law"), dated 28 December 2013, came into effect on 10 January
The Law establishes that a
concession agreement with respect to a toll road or road with toll sections
should, inter alia, contain a clause setting the maximum toll to be paid for
vehicles and relevant indexation rules.
The above maximum road toll
should be determined by the decision to sign a concession agreement and may not
exceed the limit set in consideration of the significance of the particular road
(federal, regional or inter-municipal or local) by the Russian federal
government, by a supreme executive government body of a constituent entity of
the Russian Federation or local government bodies, respectively.
This condition may only be
changed by the parties subject to an appropriate decision by the Russian
government (if the concession is granted by the Russian Federation), government
body of a constituent entity of the Russian Federation (if by a constituent
entity of the Russian Federation) or municipal government body (if by a
municipality), provided that the Russian federal legislation, that of
constituent entities of the Russian Federation or regulatory acts of municipal
authorities contain rules affecting the concession holder, substantially
depriving it of the benefits to which it was entitled when signing the
The Law also clarifies that the
methods for calculating the tolls for use of federal, regional or
inter-municipal, or local public toll roads or toll sections of such roads
(excluding ones built or reconstructed under concession agreements) and the
maximum toll are subject to approval by the Russian federal government, a
supreme executive government body of a constituent entity of the Russian
Federation or local government authorities, respectively.
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