On Participation In Share Participation Construction Of Apartment Buildings And Other Real Estate And On Amendments To Certain Legislative Acts Of The Russian Federation

Original Language Title: Об участии в долевом строительстве многоквартирных домов и иных объектов недвижимости и о внесении изменений в некоторые законодательные акты Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW On participation in the equity construction of apartment buildings and other real estate objects and changes to some legislative of the Russian Federation Adopted by the State Duma on December 22, 2004 href=" ?docbody= &prevDoc= 102090480&backlink=1 & &nd=102108022 "target="contents" title= " "> dated 18.07.2006 N 111-FZ; , 16.10.2006 N 160-FZ; of 23.07.2008 N 160-FZ of 17.07.2009 N 147-FZ; dated 17.06.2010 N 119-FZ; , 28.11.2011 N 337-FZ; dated 30.11.2011. N 362-FZ; of 10.07.2012 N 118-FZ; of 30.12.2012 N 294-FZ; , 30.12.2012 N 318-FZ; of 23.07.2013 N 241-FZ; of 28.12.2013 N 414-FZ; dated 23.06.2014 N 171-FZ; dated 21.07.2014 N 224-FZ; dated 13.07.2015. N 236-FZ Article 1. The subject of regulation of this Federal Law 1. This Federal Law regulates relations involving the attraction of funds of citizens and legal entities for the share construction of apartment buildings and (or) other real estate objects (hereinafter referred to as equity construction participants) and The parties ' share of the construction of the ownership of the ownership and equity of the ownership of the common property in the apartment building and (or) other real estate object, as well as establishes safeguards to protect the rights, legitimate interests and property of the participants equity construction. In the wording of the federal laws dated July 18, 2006. N 111-FZ; dated 17.06.2010 N 119-FZ) 2. Attracting money from citizens connected with citizens ' right to property in apartment buildings, which are not put into operation at the time of attracting such funds of citizens. The law on urban planning (hereinafter referred to as the attraction of funds of citizens for construction) is permitted only: 1) by the agreement of participation in equity construction; 2) by way Issuer, owned or leased, issued by the issuer The subtenancy of the land and the approved building permit on this land plot of the apartment building, the bonds of a special type-housing certificates, which enshrinent the right of their owners to receive housing from the issuer of the premises in accordance with the legislation of the Russian Federation on securities; 3) housing and construction and housing cooperatives in accordance with the federal laws governing such activities Cooperatives. Law of of 17 June 2010. N 119-F) 2-1. It is prohibited to attract funds of citizens for construction in violation of the requirements set out in part 2 of this article. A transaction to attract funds of citizens for construction, in violation of the requirements set out in part 2 of this article, may be declared invalid by a court only in the case of a citizen who has concluded such a transaction. (Part of the addition is the Federal Law of 17 June 2010. N 119-F) 2-2. Persons who attract funds of citizens for construction in violation of the requirements set out in this article shall be liable under the laws of the Russian Federation on administrative offences. (Part of the addition is the Federal Law of 17 June 2010. N 119-FZ) 3. This Federal Act does not apply to the relations of legal persons and (or) individual entrepreneurs connected with the investment activities for the construction (creation) of real estate objects (including multi-apartment buildings) (...) (...) These relations are regulated by the Civil Code of the Russian Federation and the legislation of the Russian Federation on investment activities. Transfer of rights to citizens by assignment to contracts entered into by legal entities and (or) individual entrepreneurs and related to investment activities in the construction (establishment) of blocks of flats and after execution of which citizens have a right to own a dwelling in a building (created) of a multi-apartment building, is not permitted. (Part added-Federal law by 18.07.2006 N 111-FZ) Article 2. Basic concepts used in this Federal Law The following basic concepts are used for the purposes of this Federal Law: 1) The developer is a legal entity regardless of his or her legal form, owned or leased, under the right of sublease or under the Federal Act No. 161-FZ of 24 July 2008 on the promotion of housing development of Construction " (hereinafter referred to as the Federal Act on the Promotion of Housing and ), article 39 (2), paragraph 2, of the Land Code of the Russian Federation on the right of gratitum >use of the land and attract funds of the parties involved in the construction under this Federal Act for the construction (establishment) on this land plot of apartment buildings and (or) other objects of real estate other than those of a productive purpose, on the basis of the obtained permit Construction; (Federal laws dated 10.07.2012. N 118-FZ; dated 23.06.2014 N 171-FZ; dated 13.07.2015. N 236-FZ ) 2) a fractional object-residential or non-residential premises, common property in a multi-apartment house and (or) other real estate object to be transferred to the participant of the construction of the apartment building and the (or) other real estate and other real estate objects under construction. (created) also by means of a cash flow participant Construction. (In the wording of Federal Law No. N 111-FZ) Article 3. The right to raise money participants in equity construction for construction (or creation) of apartment building and (or) other real estate objects 1. The developer has the right to attract funds of the parties involved in the construction of the apartment building (creation) of the apartment building and (or) other real estate only after receiving the building permits in accordance with the established procedure. Publication, publication and (or) submission of a project declaration in accordance with this Federal Act and the State registration by the developer of ownership of the land provided for construction (creation) of a multi-apartment building and (or) other real estate include equity construction or lease agreements, subleases of such land or in cases provided for under the Federal Act on the Promotion of Housing Development or sub-paragraph 15 Article 39, paragraph 2, of the Land Code of the Russian Federation, the contract of free use of such land. (In the wording of the federal laws of 10.07.2012, } N 118-FZ; dated 23.06.2014 N 171-FZ; dated 13.07.2015. N 236-FZ 2. Right to attract funds of citizens for the construction (creation) of a multi-apartment building with the assumption of obligations after the performance of which the citizen arises the right of ownership of a dwelling in the construction of a multi-apartment building which has the requirements of this Federal Law for developers on the basis of the agreement of participation in equity construction. (In the wording of Federal Law No. N 111-FZ) 3. In case of attracting funds from citizens for construction by a person who does not have in accordance with this Federal Law and (or) attract funds of citizens for construction in violation of the requirements set out in Part 2 Article 1 of this Federal Law, the citizen may demand that the person immediately return the money transferred to him, payment of double the amount stipulated in Article 395 of the Civil Code of the Russian Federation and compensation beyond the percentage of damages to the national . (...) (...) N 119-FZ) Article 4. A participation agreement in equity construction 1. On the basis of the agreement of participation in the equity construction (hereinafter-the developer), one party (or developer) undertakes to build a multifamily house and (or) other real estate object in accordance with the agreement after obtaining the permission to put these objects into service, transfer the appropriate equity construction to the contributor, and the other party (the equity participant) undertakes to pay the price arising from the contract and accept a co-construction object if there is a permission to enter into operation of apartment building and/or other real estate. 2. The Government of the Russian Federation has the right to issue rules binding on the parties to the treaty in its conclusion and implementation. 3. The treaty shall be concluded in writing, shall be subject to State registration and shall be considered to be a prisoner from the time of such registration,unless otherwise provided by this Federal Act. (In the wording of the Federal Act) Law of 17.07.2009 N 147-FZ 4. The contract must contain: 1) the definition of a specific transfer object to be transferred, in accordance with the design document, by the developer after obtaining permission to enter the apartment building and (or) other real estate object; 2) the period of handing over of the equity construction developer to the participant of the equity construction; 3) the price of the contract, the date and manner of its payment; 4) the warranty period for the share object ; 5) how the developer will enforce the contract obligations. (The paragraph is supplemented by the Federal Law of 30 December 2012). N 294-FZ) 5. In the absence of the conditions set out in part 4 of this article in the contract, such a treaty shall be deemed to be non-prisoner. 6. The risk of accidental death or accidental damage to the equity site prior to its transfer to the equity participant is borne by the developer. 7. In the event of the death of a citizen who is a participant in the construction, his rights and obligations under the contract shall be transferred to the heirs, unless the federal law provides otherwise. The developer has no right to refuse such heirs in their entry into the contract. 8. On the day of the opening of the share of the estate, the property rights and duties, based on a contract concluded under this Federal Law, are part of the share of the State party's share of the equity construction of the Civil Code of the Russian Federation 9. The law shall apply to relations arising out of a contract concluded by a citizen of the State party solely for personal, family, household and other purposes other than business activities OF THE PRESIDENT OF THE RUSSIAN FEDERATION 10. In the cases provided for by the Federal Act on the Promotion of Housing Development, contracts for participation in the construction of dwellings, the technical and economic indicators and the parameters of which correspond to the conditions for the assignment of these dwellings. of the premises of the economic class, established by the federal executive body responsible for the formulation of public policy and regulatory and legal regulation in the sphere of construction, architecture, urban development, must contain the information specified by the Federal by law. (Part of the addition is the Federal Law of July 10, 2012. N 118-FZ) 10-1. In case the developer is a legal person who has concluded a contract for the development of the territory in accordance with the Town Planning Code of the Russian Federation for the construction of an economic class or an integrated development contract The Convention on the Rights of the by the executive branch of the executive branch State policy and regulatory framework in the area of construction, architecture, urban development (also housing of the economy class), which is a party to the construction, which is a citizen of OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the economic class or treaty on integrated development of the Territory The purpose of the construction of an economic class, together with the conditions provided for in paragraph 4 of this article, shall be: 1) that the dwelling that is the object of equity construction, is in accordance with the conditions of the classification as an economy class and is created by a developer who is the person with whom a contract for the development of the territory is concluded for the construction of an economic class or a contract for the integrated development of the territory in { \cs6\f1\cf6\lang1024 } Economic Class Housing { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } The parties and the parties to the agreement on the development of the territory for the construction of an economic class or an agreement on integrated development of the territory for the construction of an economic class; (3) the price of the contract of participation in the Construction, per square metre of the total area of the equity construction, which cannot exceed the price specified in the record of the auction for the right to enter into a settlement for the construction of a dwelling of the economic class or of a treaty for the integrated development of the Territory Construction of an economic class, or in the cases stipulated in articles 46 to 7 of the Town Planning Code of the Russian Federation, the initial price of the subject of such an auction. Federal Law of July 21, 2014. 224-FZ)10-2. A compulsory appendix to the participation in the construction, as specified in part 10-1 of this article, is a protocol on the results of the auction for the right to enter into a contract for the development of a territory for the construction of an economic class or a contract for the integrated development of the territory for the construction of an economy class or in the cases provided for in articles 46-26 of the Town Planning Code of the Russian Federation, notice of such an auction. (Part of the addition is the federal law of 21.07.2014. 224-FZ) 11. The construction (creation) of which is not completed on the state or municipal ownership of the land on the day of termination of the lease of such land plot, the provisions of the article 239-1 of the Civil Code of the Russian Federation shall not apply. (Part of the addition is the Federal Law of 23 June 2014. N 171-FZ) Article 5. Contract price 1. The contract specifies the price of the contract, that is, the amount of money to be paid by the participant of the equity construction for the construction (creation) of the equity construction. The contract price can be defined in the contract as the sum of money to reimburse the construction costs (creation) of the share building object and money for the construction of the developer. 2. Under the agreement of the parties, the price of the contract may be changed after its conclusion, if the contract provides for the possibility of price change, cases and conditions of its change. 3. The payment of the price of the contract shall be effected by payment of a lump sum or in the period specified by the contract, months, months or weeks. 4. In the event that, in accordance with the contract, the payment of the price of a contract must be made by the participant of the equity construction by a one-time payment, the delay in payment of the payment within more than two months is The basis for the unilateral refusal of the developer to perform the contract in the manner provided for in article 9 of this Federal Law. In the wording of the federal laws dated July 18, 2006. N 111-FZ; dated 17.06.2010 N 119-FZ) 5. In case the contract price is to be paid by the party to the equity construction by making payments in the contract period, a systematic violation by the participant of the completion of the payment payment, that is, a breach of the payment term more than three times within twelve months or the delay of payment for more than two monthsis the basis for unilateral refusal the builder of the contract pursuant to the procedure provided for in article 9 of the Federal Law. N 111-FZ; dated 17.06.2010 N 119-FZ) 6. In case of violation of the payment terms stipulated by the agreement, the participant of the equity construction shall pay the developer a penalty in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation, in effect on the date of performance of the obligation, from the amount of late payment for each day of delay. (In the wording of Federal Law No. N 111-FZ) Article 6. The length of time that the developer of the equity object is handed over to the construction participant 1. The developer is obliged to transfer the equity construction to the contributor at no later than the period stipulated by the agreement and must be common to the parties of the equity construction, to which the developer is obliged to transfer the objects of the equity construction Construction of a multi-apartment house and (or) other real estate unit or section of an apartment block which has a separate entrance with access to the public domain, except in the case of Part 3 of this article. (In the wording of Federal Law No. N 111-FZ 2. In case of violation of the stipulated time period of handing over to the fractional part of the construction project, the developer pays the contributor of the construction of the penalty in the size of one three hundredth rate of the construction The refinancing of the Central Bank of the Russian Federation, acting on the date of performance of the obligation, from the contract price for each day of delay. If the contributor is a citizen, the penalty provided by this part is paid by the developer in a double size. (In the wording of Federal Law No. N 111-FZ 3. In the event that the construction (s) of a multi-apartment building and a (or) other real estate cannot be completed within the time stipulated by the contract, the developer is obliged to send the participant at least two months before the expiry of that period The relevant information and the proposal to amend the contract. The change in the contract stipulated by the developer of the equity construction project is performed in the order established by Civil Code of the Russian Federation. Article 7. Quality Assurance provided by Contract 1. The developer is obliged to hand over the equity construction to the participant of the construction, the quality of which corresponds to the terms of the contract, the requirements of technical regulations, design documents and urban planning regulations and other mandatory requirements. (In the wording of Federal Law No. N 111-FZ 2. In the event that the construction object is built (created) by a developer with the exception of the terms of the contract, the and (or) specified in Part 1 of this article, which have resulted in a deterioration in the quality of the facility, or with other shortcomings that render it unfit for a contract of use, a participant in the construction, if not otherwise determined by the contract, has the right to demand from the developer: (Rev. 1) Federal Act dated 18.07.2006 N 111-FZ) 1) free recharge of deficiencies within a reasonable time; 2) proportional reduction of contract price; 3) to recover its costs to correct deficiencies. 3. In case of a material breach of the quality requirements of the object of the equity construction, or the failure to resolve the identified deficiencies in the fixed-term equity construction participant, the participant of the equity construction in the The right to refuse to perform the contract and to demand payment of money and interest in accordance with article 9, paragraph 2, of this Federal Act is a unilateral right. (In the wording of Federal Law No. N 111-FZ 4. The terms of the contract for the release of the developer from liability for the defects of the equity construction are insignificant. 5. The warranty period for the, except technological and engineering equipment of such a construction object, shall be established by the contract and shall not be less than or equal to Five years. The specified warranty period is calculated from the date of the transfer of the equity construction, with the exception of the technological and engineering equipment included in the fractional portion of the equity construction object. Construction, unless otherwise stipulated by the treaty. (In the wording of Federal Law of 17.06.2010) N 119-FZ) 5-1. The warranty period for technological and engineering equipment, which is part of the share-construction equity construction being transferred to the participants, shall be established by the contract and cannot be less than three years. The warranty period shall be calculated from the date on which the first transfer act or other document on the transfer of the equity construction is signed. (Part of the addition is the Federal Law of 17 June 2010. N 119-FZ) 6. The construction participant is entitled to present a claim to the developer for the inadequate quality of the equity construction, provided that such quality is identified during the warranty period. 7. The developer is not responsible for the defects (defects) of the fractional-construction object found within the warranty period if it proves that they occurred as a result of normal wear and tear of the co-construction site or parts thereof, Violation of the requirements of technical regulations, town planning regulations, as well as other mandatory requirements for the process of its operation, or due to improper repair carried out by the participant in the equity construction or engaged by third parties. (Part added-Federal Law dated 18.07.2006 N 111-FZ) Article 8. Transfer of the equity object 1. The handing over of the ownership construction by the developer and the acceptance by the participant of the equity construction shall be carried out on the basis of the transmission to the signatory or other instrument of transfer. 2. The transfer of the equity construction is carried out no earlier than after receiving, in accordance with the established procedure, permission to enter into the operation of the apartment building and (or) other real estate object. 3. Upon receipt by the developer of a permit for the commissioning of the apartment house and (or) other real estate property, the developer is obliged to transfer the object of construction not later than stipulated by the contract. It is not permitted to carry out early fulfilment of the obligation to transfer the share of construction, unless otherwise stipulated by the contract. (In the wording of Federal Law No. N 111-FZ) 4. A developer of at least one month prior to the date set by the contract for the transfer of the equity construction or if the contract provides for the start of the transfer and the adoption of the object of the equity construction, at least 14 The working days before the start of the transfer and acceptance are obliged to send a message to the participant of the construction on completion of the construction (creation) of the apartment building and (or) other real estate in accordance with the contract and on the readiness of the share-building object to be transferred, and to warn the participant The need for equity construction and the consequences of failure to act on the part of the equity participant referred to in Part 6 of this article. The message should be sent by mail by registered mail with an inventory of the attachment and a notice of the handing over of the share building to the address or to the participant of the equity construction in person under the receipt. At the same time, the period of commencement of the transfer and the acceptance of the object of the equity construction cannot be fixed earlier than fourteen days and later than one month prior to the contract stipulated by the developer of the equity construction project participant equity construction. A participant of the equity construction, who received a message from the developer to complete the construction (s) of the apartment building and (or) other real estate in accordance with the contract and the readiness of the share-building object to transfer, is obliged To proceed with its adoption within the time limit provided for by the treaty, or, if such time is not set, within seven working days of receipt of the communication. (In the wording of Federal Law No. N 111-FZ 5. The participant of the equity construction prior to the signing of the transfer act or other document on the transfer of the equity construction object is entitled to demand from the developer the drafting of the act, which indicates the non-conformity of the object of the equity construction Under article 7, paragraph 1, of this Federal Act, and to refuse to sign a transfer act or other instrument for the transfer of the equity construction to the developer of the obligations under Part 2 of the article 7 of this Federal Law. 6. Unless otherwise stipulated by the agreement, when the participant of the equity construction is evading the construction of the equity construction to the specified part 4 of this article, or when the participant of the equity construction is refused from the adoption of the share Construction (with the exception of the case referred to in part 5 of this article) a developer at the end of two months from the date stipulated by the contract for the transfer of the equity construction to the construction participant, is entitled to unilateral act or other instrument of transfer of the share building facility (for exception to the early transfer of the equity construction referred to in part 3 of this article). At the same time, the risk of accidental death of the co-construction site is recognized as a risk to the participant of the equity construction from the date of the completion of the unilateral act or other document on the transfer of the equity construction. Such measures may only be applied if the developer has information about the receipt by the participant of the construction of the communication in accordance with part 4 of this article or by the operator of the postal service, the registered letter is returned from The report of the President of the General Committee of the Commission on Human Rights on the situation of human rights in the Democratic N 111-FZ) Article 9. Dissolution of the contract (In the wording of Federal Law No. N 111-FZ) 1. The participant of the equity construction unilaterally has the right to refuse to perform the contract in the case of: 1) by the developer of the obligation to transfer the equity construction to a more than one The deadline for the transfer of such an object is two months; (as amended by the Federal Law of 17 June 2010). N1FZ) (2) by the developer with obligations under Part 2 of Article 7 of this Federal Law; 3) a material breach of the quality requirements of the equity construction; 4) Violations by the developer of obligations under article 15, paragraph 3, of this Federal Law; 5) in other cases established by federal law or by treaty. Federal Act of 18 July 2006 N 111-FZ) 1-1. At the request of the participant of the construction, the contract may be terminated by the court in the case of: 1) the termination or suspension of the construction (s) of the apartment building and (or) other object The real estate, which includes the construction of the fractional part of the construction, in the presence of circumstances, clearly showing that the construction of the equity construction would not be transferred to the equity party in the contract; 2) Significant changes in project design (created) of a multi-apartment house and (or) other real estate object, including a significant change in the size of the equity construction; 3) of the change in general purpose Property and/or non-residential premises of the apartment building and (or) other real estate; 4) in other cases established by federal law or contract. (Part supplemented by the Federal Act of 18 July 2006. N 111-FZ) 2. in the event of the termination of a contract on the grounds provided for in Part 1 of this article, within twenty working days of the termination of the contract or in the event of the termination of the contract on the grounds provided for in Part 1-1 of this Article, within ten working days from the date of termination of the contract, it is the duty of returning to the participant of the equity construction the money paid to them against the price of the contract, and also to pay interest on that amount for the use of the said money in the The amount of one three-hundredth of the refinancing rate of the Central Bank of Russia The Federation, acting on the day of performance of the obligation to repay the money paid by the equity participant. The interest is accrued from the date on which the participant of the construction of the money or part of the money is paid to the price of the contract until the day of their return by the developer to the contributor of the equity construction. If the participant of the equity construction is a citizen, the specified interest is paid by the developer in a double size. If, within the prescribed time period, the developer did not apply to the developer for the cash paid by the equity contributor to the price of the contract, and interest on that amount for use by the said money, the developer is obliged to deposit money and interest for the use of the money in the notary's deposit at the location of the developer. reported to the equity participant. (In the wording of Federal Law No. N 111-FZ) 3. If there are grounds for the unilateral refusal of the developer to perform the contract stipulated in article 5, parts 4 and 5 of this Federal Law, the developer is entitled to dissolve the contract no earlier than thirty days after the direction of the contract In writing, the participant of the equity construction, in accordance with the procedure provided for in article 8, paragraph 4, of this Federal Act, warnings of the need to repay the debt in payment of the price of the contract and the consequences of default requirements. Upon failure of the party to do so, and if the developer is informed of the participant's receipt of the equity penalty, the payment of the price of the contract and the consequences Failure to comply with such a requirement or return of the registered letter by the postal operator indicating the failure of the participant of the construction to obtain it, or because of the absence of a contributor to the post office The developer has the right to unilaterally refuse to perform of the treaty in accordance with Part 4 of this article. N 111-FZ) 4. In the case of a unilateral waiver by a party to the performance of a treaty, the contract shall be deemed to be terminated from the date on which the other party is notified of the unilateral waiver of the contract. The notification must be sent by mail with a registered mail attachment. (Part added is the Federal Law of 18 July 2006. N 111-FZ) 5. In the case of a unilateral refusal of the developer to perform the contract on the grounds provided for in articles 4 and 5 of this Federal Act, the developer is obliged to return the money paid by the participant of the equity construction to the account. The prices of the contract, within ten working days of its dissolution. If, within the specified period, the developer did not apply to the developer for the money paid by the equity contributor to the contract price, the developer is not later than the day after the expiry of the working day The specified term is obliged to deposit these funds in the notary's deposit at the place of the developer's location, as reported to the party of the equity construction. (Part added-Federal law from 18.07.2006 N 111-FZ) 6. In the event of a violation by the developer of the term of return of the money or the period of crediting of these funds to the notary, the developer pays the participant of the equity construction the interest on that sum Use of the said moneys in the amount of one hundredth of the refinancing rate of the Central Bank of the Russian Federation acting on the day of the relevant performance of the obligation to return the money paid by the participant equity construction. The interest is accrued from the day following the day of the expiry of the period of return of the money builder to the participant of the equity construction or the period of deposit of these funds in the notary's deposit, until the day of cash return The developer of the share building or the day of deposit of such funds with the notary's deposit. If the contributor is a citizen, the percentage is paid by the developer in double size. (Part added-Federal Law dated 18.07.2006 N 111-FZ) 7. When the property developer is returned, in case of unilateral refusal of the contract, the payment of a claim for payment by the participant of the liquidated damages (penalties) provided by this Federal Law or Treaty shall not be required. is allowed. (Part added is the Federal Act of 18 July 2006. N 111-FZ) Article 10. Liability for breach of the obligations under the contract In the event of default or improper performance of the obligations under the contract, the party that has not fulfilled its obligations or is not wearing its obligations, Obligation to pay to the other party the penalties laid down in this Federal Act and the specified contract (fines, penalties) and to pay full compensation for the loss in excess of the penalty. Article 11. Assignment of contract claims 1. An assignment by the participant of the equity construction of the rights of claims under the contract is permitted only after payment of the contract price to them, or at the same time as the transfer of the debt to the new equity participant in the order established by Civil Code. 2. An assignment by the participant in the construction of the rights of the requirements of the contract is permitted from the moment of the state registration of the contract until the parties sign the transfer act or other document on the transfer of the object of construction. Article 12. Performance of obligations under the contract 1. The obligations of the developer shall be deemed to have been fulfilled from the date of signature by the parties of the transfer act or other instrument for the transfer of the equity construction. 2. Obligations of the member of the construction shall be deemed to be fulfilled from the moment of payment in full of the funds in accordance with the contract and signed by the parties to the transfer act or other document on the transfer of the object of construction. Article 12-1. How to enforce the obligations contract 1. In accordance with articles 13 to 15 of this Federal Act, the following obligations must be fulfilled by the developer on all contracts entered into for the construction (s) of the apartment building (s) and (or) other object 1) refund of funds contributed by the participant in the equity construction, in the cases provided for by this Federal Law and (or) the contract; 2) the payment to the participants in the equity construction due to it Compensation for damages and (or) as liquidated damages (penalties, penalties) due to non-performance, delay in performance or other improper performance of the obligation to transfer the share of construction and other due under the contract and (or) federal funds. 2. Performance of the developer's obligations on the transfer of accommodation to a party to all contracts entered into for the construction (s) of the apartment building (s) and (or) other real estate object on the basis of one permit construction, along with collateral, must be provided at the choice of the developer in one of the following ways: 1) the bank's surety in the manner prescribed by Article 15-1 of this Federal Law; 2) insurance for civilian liability of the developer for failure or improper performance Obligations for the transfer of living accommodation to a party to the party under the contract in accordance with the procedure established by article 15-2 of this Federal Law. (The article is supplemented by the Federal Act of 18 July 2006. N 111-FZ) (Federal Law of 30.12.2012). N 294-FZ Article 13. Enforcement of obligations under the contract bail (In the revision of Federal Law by 18.07.2006 N 111-FZ) 1. In order to ensure the performance of the obligations of the developer (s) under the contract from the moment of state registration of the contract, the participants of the equity construction (s) are considered to be on deposit for construction (creation) of a multi-apartment house and (or) other real estate, which will contain the objects of equity construction, land belonging to the property developer or the right to lease, right Subleases on this land and under construction (created) Land of the apartment house and (or) other real estate property. (In the wording of Federal Law of 17.06.2010) N 119-FZ) 2. At the time of the State registration of the property of the developer on the construction-in-progress facility, the construction-in-progress facility is considered to be on the basis of the equity participants since the state registration The property of the developer at such an object. 3. From the date of receipt by the developer in accordance with the procedure established by the law on town planning activity, permission to put into operation the apartment building and (or) other real estate, construction (creation) of which was carried out with In accordance with article 8 of this Federal Law, the payment of funds by the participants in the equity construction shall be deemed to be on the basis of the deposit of the construction project in accordance with the procedure established by article 8 of this Federal Act. of the fractional part of the construction. In this case, the accommodation and/or non-residential premises of the apartment building and (or) other real estate and non-shared objects are not considered to be on bail from the date of receipt by the developer of the property. permissions. (...) (...) N 119-FZ) 4. (Spconsumed by Federal Law of 18.07.2006) N 111-FZ 5. The developer is obliged to register the ownership of the construction in progress, if there are grounds for the request for a deposit. In case of failure of the developer to register ownership of the construction in progress, the state registration of ownership of the object is carried out on the basis of a court decision taken on the claim of the participant The equity construction of the claim for collateral. 6. If, prior to the conclusion of the contract with the first State party, the property referred to in parts 1 to 3 of this article was transferred as collateral for other obligations of the developer, the use of a property developer The parties to the equity construction shall be allowed in the event of a developer's performance of their obligations under a contract by surety or , while observing the following conditions: (In the wording of the Federal Law dated 18.07.2006 N 111-FZ ) 1) the holder of the property referred to in parts 1 to 3 of this article shall be the bank; 2) from the applicant referred to in paragraph 1 of this part, obtain consent to meet its requirements for The account of the mortgaged property, in accordance with article 15, paragraph 2, of this Federal Law,and consent to the termination of the deposit on the facilities of the equity in the case provided for in Part 8 of this Article. (In the wording of Federal Law No. N 111-FZ) 7. Following the conclusion of the contract with the first State party, the property referred to in parts 1 to 3 of this article may not be posted on bail without the consent of the parties to the equity construction, except in the case of bail The bank, in order to ensure the repayment of the loan provided by the bank to the developer for the construction (creation) of the apartment building and (or) other real estate, which includes the objects of equity construction, provided that the bank agrees to meet their claims against the foreclosing property in the in accordance with article 15, paragraph 2, of this Federal Act and of the consent to the termination of the right of bail to equity construction in the case provided for in Part 8 of this Article. (In the wording of Federal Law No. N 111-FZ) 7-1. In the cases provided for in paragraphs 6 and 7 of this article, the developer is entitled to attract funds of the equity participants not exceeding the sum of the credits received from the banks in the project value specified in the project declaration Construction of a multi-apartment building and a (or) other real estate object. (Part added is the Federal Act of 18 July 2006. N 111-FZ) 8. From the moment of the transfer of the equity construction in accordance with the procedure established by article 8 of this Federal Law, the right of deposit arising under this Federal Act, as well as on the basis of a contract with the bank in the stipulated parts 6 and 7 of this article does not apply to this co-construction site. (In the wording of the federal laws of August 18, 2006) N 111-FZ; dated 17.06.2010 N 119-FZ) 8-1. On the basis of this Federal Law or under a contract with a bank in the cases provided for in parts 6 and 7 of this article, the mortgage on the property of the property developer or the guarantee of the right of lease or right The sub-lease of the land plot shall cease from the moment of transfer in accordance with the procedure established by Article 8 of this Federal Law, all objects of equity construction in the apartment building and (or) other real estate object constructed (created) on This land area. (Part of the addition is the Federal Law of 17 June 2010. N 119-FZ) 9. The provisions of the Civil Code of the Russian Federation apply to relations arising from a pledge arising under this Federal Act. The Federation and the Federal Act of 16 July 1998 No. 102-FZ "On mortgage (real estate mortgage)", taking into account the characteristics of the present Federal law. Article 14. { \b Security considerations for } { \b } { \b bail } 1. The pledge may be made no earlier than six months after: 1) the advance of the contract stipulated by the developer of the equity construction; (2) termination or suspension Construction (creation) of a multi-apartment building and (or) other immovable property where there is evidence that there is no evidence that the construction of the fractional part of the contract will not be transferred to the party in accordance with the contract Construction. 2. Bail may be made at the time specified in part 1 of this article, regardless of the period of execution by the developer of the obligations to the mortgage holders referred to in article 13, parts 6 and 7, of this Federal Law. 3. (Spconsumed by Federal Law of 18.07.2006) N 111-FZ) Article 15. { \cs6\f1\cf6\lang1024 } Features { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } The cash proceeds from the disposal of the foreclosed property shall, after deducting the amounts necessary to cover the costs of such property and its implementation, be sent to satisfy the requirements of the participants the construction and the solvers specified in article 13, parts 6 and 7 of this Federal Law. (In the wording of Federal Law No. N 111-FZ 2. If there is a shortfall in the proceeds of the disposal of the mortgaged property, such funds shall be allocated between the deducting the amounts necessary to cover the costs of the recovery of the property and its implementation; The participants in the equity construction and the solvers specified in article 13, parts 6 and 7 of this Federal Act are proportional to the size of their claims by the time they meet these requirements. (In the wording of Federal Law No. N 111-FZ 3. (Spconsumed by Federal Law of 18.07.2006) N 111-FZ 4. (Spconsumed by Federal Law of 18.07.2006) N 111-FZ 5. The notary's deposit is subject to the money owed to the participants of the equity construction that did not claim their claims before the date of the public auction, on which the foreclosed property was sold. These equity participants are entitled to receive money through a notary's deposit in accordance with the procedure established by the legislation of the Russian Federation. Article 15 -1. Enforcement of obligations under the contract sponsorship 1. The performance of the developer's obligations under the contract may be ensured by the bank's sponsorship. In the event that a developer has chosen a guarantee as a means of securing its obligations, he is obliged to inform the participants of the equity construction of the terms of the sponsorship, as well as the details of the sponsor. Performance of the developer's obligations on the transfer of the dwelling to the party to the agreement is secured by a bank that satisfies the following requirements: 1) the existence of a banking licence The operations of the Central Bank of the Russian Federation, which specify the right to issue bank guarantees; 2) to carry out banking activities for at least five years; 3) the presence of a charter capital in the amount of at least 200 million rubles; 4) availability of funds " (capital) in the amount of at least one billion rubles; 5) compliance with the mandatory standards stipulated in the legislation of the Russian Federation on banks and banking activity on all reporting dates in the last six months; 6) the absence of a requirement by the Central Bank of the Russian Federation for the implementation of measures for the financial rehabilitation of the credit institution; Deposit insurance and the absence of a ban on the Attracting money funds from individuals and opening and maintaining bank accounts of individuals in accordance with Federal Act No. 177-FZ of 23 December 2003 entitled "Insurance of deposits of individuals in banks of the Russian Federation". (Paragraph amended by the Federal Law of 13 July 2015). N 236-FZ) (Paragraph in the wording of Federal Law No. N 294-FZ) 1-1. Information on banks that comply with the requirements set out in Part 1 of this Article shall be placed on the official website of the Central Bank of the Russian Federation on the Internet. (Part of the addition is the Federal Law of 13 July 2015. N 236-FZ2. The guarantee contract is signed before the state registration of the contract and must provide for: 1) the subsidiary responsibility of the guarantor before the participant of the equity construction on the obligation of the developer to transfer the gilog the contract price of the contract, but not less than the sum calculated on the basis of the total area of the accommodation to be shared and the average market value per square metre of the total area OF THE PRESIDENT OF THE RUSSIAN FEDERATION The executive branch, which is responsible for the formulation and/or implementation of public policies and regulations in the area of construction, and is subject to application for the calculation of social benefits for all categories of citizens; of which these social payments are granted for the purchase, construction of accommodation at the expense of the federal budget, at the date of the contract of guarantee. The Portutor is responsible to the equity contributor in the same amount as the developer, including the penalty stipulated in this Federal Law and the contract (fines, penalties); (In the wording of the Federal Law dated 30.12.2012 N 294-FZ) (2) the transfer of rights under the contract of sponsorship to the new party in the case of assignment of contract claims; 3) the duration of the guarantee, which shall not be less than two years More than the stipulated period for the transfer of the share-building object to the contributor of construction; (In the wording of the Federal Law 30.12.2012 N 294-FZ) 4) consent of the guarantor to the possible modification of the obligations under the contract, including changes resulting in increased responsibility or other adverse consequences for the sponsor; 5) commitment The guarantor is the party to the party in case of early termination of sponsorship in accordance with the procedure provided for in Part 3 of this Article. 3. In the event of termination of sponsorship before the expiration of the guarantee provided for in Part 2, paragraph 3, of this article, the guarantor and developer are required to notify the party of the construction at least one month before the date of bail. termination of sponsorship. At the same time, the developer is obliged to conclude another contract of sponsorship within fifteen days from the date of termination of sponsorship. 3-1. In the event of termination of sponsorship prior to the expiration of part 2, paragraph 3, of this article, the guarantor is required to send a notification to the State exercising control (supervision) in the area of shares. The construction of apartment buildings and (or) other objects of real estate is the authorized body of the executive power of the constituent entity of the Russian Federation, in whose territory the construction of the apartment building and (or) other real estate is carried out, within seven working days of the date of termination of the sponsorship and in 3 working days from the date of termination of the sponsorship to the authority exercising state registration of rights to immovable property and transactions with it. (Part of the addition is the Federal Law of 13 July 2015. N 236-FZ3-2. In the case of withdrawal of a banking licence from a credit institution with which a developer has entered into a contract of sponsorship in accordance with this article, or the appointment in such a credit institution of the interim administration Developers within fifteen days from the date of withdrawal of the licence or appointment of the provisional administration, whichever is the previous one, is obliged to conclude a contract of sponsorship with another credit institution or in accordance with Article 15-2 of this Federal Act to participate in the society insurance or surround insurance. The developer has the right to refuse a unilateral termination of the contract of suretyship in case of withdrawal of the license to carry out banking operations from the credit institution. (Part of the addition is the Federal Law of 13 July 2015. N 236-FZ) 4. In the event of a breach by the guarantor of the obligation specified in part 3 of this article, it shall be liable to the party to the equity construction on the obligation of the developer to transfer the dwelling to the Participant in a shared dwelling Treaty-building. (In the wording of Federal Law No. N 294-FZ) (Article padded-Federal Act of 18 July 2006 N 111-FZ) Article 15 -2. Liability insurance developer 1. Performance of the developer's obligations on the transfer of the dwelling to the party's share of the construction contract can be ensured by insurance of civil liability of the developer for non-performance or improper fulfillment of obligations on the part of the developer. The transfer of the accommodation under the contract by: 1) the participation of the developer in the civil liability insurance company of the developers (hereinafter referred to as the mutual insurance company), which has a corresponding licence for implementation and established solely for the purpose of implementing the the type of insurance; 2) the conclusion of the contract of insurance of civil liability of the developer for non-performance or improper fulfillment of obligations on the transfer of the living space under the contract (hereinafter-the insurance contract) with the insurance company The organization licensed to carry out voluntary property insurance, which submitted to the Central Bank of the Russian Federation the "insurance liability for non-performance or improper liability insurance". of the obligations under the contract " Meet the following requirements: (In the wording of the Federal Law of 13 July 2015) The amount of the insurance activity is not less than 1 billion rubles, including the authorized capital of at least 120 million rubles; (In the wording of the Federal Law No. N 236-FZ ) in the absence of regulations of the Central Bank of the Russian Federation on non-compliance with requirements for financial stability and solvency; (In the wording of Federal Law dated 13.07.2015 N 236-FZ ) (g) absence of grounds for the application of bankruptcy measures of an insurance organization in accordance with Federal Law of October 26, 2002 N 127-FZ "On insolvency (bankruptcy)"; d) The absence of a decision by the Central Bank of the Russian Federation (the Bank of Russia) on the appointment of a provisional administration of an insurance organization; (e) the absence of a decision by the arbitral tribunal to impose one of the procedures on the insurance organization, Federal Act of 26 October 1999 2002 N 127-FZ "On insolvency (bankruptcy)". 1-1. Information on insurance organizations which comply with the requirements set out in Part 1 of this Article shall be placed on the official website of the Central Bank of the Russian Federation on the Internet. (Part of the addition is the Federal Law of 13 July 2015. N 236-FZ1-2. The insurance company shall, when entering into an insurance contract, submit to the developer documents demonstrating compliance with the requirements specified in paragraph 2 of Part 1 of this Article. In support of compliance with the requirement referred to in subparagraph 2 (a) of paragraph 2 of Part 1 of this article, the insurance organization, at the request of the developer, provides him with a document issued by the Central Bank of the Russian Federation and confirming the absence Its requirements for failure to meet financial stability and solvency requirements within six months prior to the date of receipt of the request. (Part of the addition is the Federal Law of 13 July 2015. N 236-FZ) 2. The developer is in the order and under the conditions established by this Federal Law, until the State registration of the contract concluded with the first participant of the equity construction, at his own expense, the insurance of civil liability for Failure or improper performance of the obligation to transfer the living quarters of the contract. 3. In the event that the developer chose insurance as a means of enforcing his or her obligations for the transfer of the accommodation under the contract, he was obliged to communicate the terms of insurance as well as the details of the insurance. A society of mutual insurance or an insurance organization (hereinafter-the insurer), which provides insurance of civil liability of the developer. 4. The terms of insurance shall be determined by the insurance rules adopted or approved by the insurer, taking into account the requirements set forth in this article. 5. Liability insurance of the developer for non-performance or improper performance of the obligation to transfer the living space under the contract shall be carried out in favour of the beneficiary-parties of the equity construction referred to in Part 6. of this article. 6. The beneficiaries under the insurance contract are citizens or legal entities (excluding credit organizations) whose funds have been used in accordance with this Federal Act for the construction (s) of the facility Construction on a contract for the transfer of a dwelling. The beneficiaries of the insurance contract may be credit organizations that have obtained the rights of the share building requirement arising from the contract of participation in the equity construction, as a result of leaving the subject of the mortgage in According to the Federal Law of 16 July 1998, No. 102-FZ "On mortgage (real estate mortgage)". It is permissible to replace the beneficiary specified in the insurance contract by another person in the case of an assignment of the right of claim under the contract, notifying the insurer in writing. (In the wording of the Federal Law No. N236-FZ) 7. The property is the property interests of the developer who are associated with the risk of his liability to the equity participants due to the failure or improper fulfillment of the obligations of transfer of the housing the contract room. (In the wording of the Federal Law No. N 236-FZ 8. The insurance case is the non-performance or improper performance by the developer of the contractual obligation, confirmed by one of the following documents: 1) entered into force The court's decision to apply for bail in accordance with article 14 of this Federal Law; (as amended by Federal Law dated 13 July 2015 N236-FZ) (2) by a decision of the arbitral tribunal to declare the debtor bankrupt and to open a insolvency proceeding pursuant to the Federal Act of 26 October 2002, No. 127th FZ "On insolvency (bankruptcy)", as well as a statement from Register of creditors ' claims of size, composition and order of satisfaction. (Part of the Federal Law dated 28.12.2013. N 414-FZ)9. The insurance contract is considered to be a prisoner from the date of the State registration of the participation agreement in the equity construction and acts until the period stipulated by the contract for the transfer of the equity construction to the developer of the equity construction. At the same time, the insurance contract must ensure the right of the beneficiary to receive insurance compensation on an insurance event that occurred within two years after the expiry of the stipulated contract of participation in the equity construction living quarters. (In the wording of Federal Law No. N 414-FZ) 10. The minimum insurance amount under the insurance policy, within which the insurer is required to make an insurance claim, is calculated on the basis of the price of the contract and cannot be less than the amount calculated on the basis of The total area of the accommodation to be shared and the average market value of one square metre of total housing in the constituent entities of the Russian Federation, as defined by the federal authority the executive authority responsible for the development and/or implementation of the Public policy and regulatory framework in the area of construction, and is subject to the application of social benefits for all categories of citizens who receive these social benefits for acquisition, The construction of residential premises at the expense of the federal budget, at the date of the conclusion of the insurance contract. 11. The insurance contract may provide for the right of the insured person to pay the insurance premium in instalments in accordance with the procedure established by the insurance rules. The obligation to pay the insurance premium (part of the insurance premium) is considered to be performed by the insured person from the day the money was received in the bank account or in the counter of the insurer. 12. The insurance contract cannot establish a franchise (part of the non-refundable share of damages incurred by the contributor). 13. The insurance contract shall establish the obligation of the insurer to communicate to the insolvency representative the amount of the insurance compensation paid to the participants. 14. Insurer has a right to claim for a developer in the amount of insurance compensation paid. (In the wording of Federal Law No. N 414-FZ) 15. Termination or early termination of the insurance policy does not relieve the insurer of the obligation to pay insurance compensation for the insured events that occurred during the life of the insurance policy. In the event of the termination or early termination of the insurance contract, the insurer is required to notify the parties to the equity construction and the State control (supervision) in the equity construction of the apartment buildings and (or) The competent authority of the executive authorities of the constituent entity of the Russian Federation, in whose territory the construction of a multi-apartment building and (or) other real estate, is carried out within seven working days, as well as in the 3 working days-public authority Registration of real property rights and transactions. At the same time, the developer is obliged to conclude another insurance policy within fifteen days of the date of termination or early termination of the insurance policy. In the case of withdrawal of a licence to make a voluntary property insurance scheme for an insurance company with which an insurance contract has been concluded in accordance with this article, or the appointment in such an insurance organization is temporary The administration of the developer within fifteen days from the date of withdrawal of the license or appointment of the provisional administration of an insurance organization, depending on which event occurred before, is obliged to conclude an insurance agreement with another insurance company. or participate in a society of mutual insurance, or in accordance with Article 15-1 of this Federal Law shall conclude a contract of sponsorship. (In the wording of the Federal Law No. N236-FZ) 16. The peculiarities of the establishment and procedure of the mutual insurance company provided for in this article shall be established by the Federal Law of 29 November 2007 N 286-FZ "On mutual insurance". (Article supplemented-Federal Law of 30.12.2012 N 294-FZ) Article 16. State registration of ownership on equity objects 1. The right of ownership of a party to a fractional part of construction is subject to state registration in accordance with the procedure provided by the Federal Law N 122-FZ "On State Registration of Rights to Immovable Property and Transactions" (hereinafter the Federal Act "On State Registration of Real Property Rights and Transactions") and this Federal Act. by law. 2. The basis for the State registration of the ownership of the share of the construction is the documents confirming the fact of its construction (creation), permission to put into operation the apartment house and (or) a different real estate object containing a fractional part of the construction and a transfer act or other document on the transfer of the equity construction. 3. The developer submits the permit for the commissioning of the apartment house and (or) other immovable property or a notarized copy of this permission to the authorities exercising state registration of rights to immovable property and transactions with it, for the state registration of ownership rights of the participants of the equity construction at the objects of equity construction not later than ten working days after the receipt of such permission. 4. A participant of the equity construction or his heirs is entitled to apply to the authorities exercising state registration of rights to immovable property and transactions with it, with a statement on state registration of ownership of the object of shares. Construction, built (created) by the money of such a contributor in accordance with the contract, after signing by the developer and the participant of the equity construction or his heirs to the transfer act or inoco The document on the transfer of the equity construction. 5. The share of ownership in the event of ownership of the ownership of the construction is simultaneously a share in the ownership of the common property in the apartment building, which cannot be aliented or transferred separately from Ownership of the ownership of the construction. State registration of ownership of the ownership of equity is simultaneously the State registration of the inseparably linked rights of the common ownership of common property. Article 17. State registration of contract and assignment rights of treaty requirements Contract and/or assignment of contract claims is subject to state registration in bodies exercising state registration of rights to immovable property and transactions with it, in the territory of the registration district at the location of the apartment building (s) under construction and (or) other real estate, for which the money is used in accordance with by the treaty, in the manner provided for by the Federal Act " About the state registration of real property rights and transactions ". Article 18. Use of the { \cs6\f1\cf6\lang1024 } money{ \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } } { \cs6\f1\cf6\lang1024 } { \b } The funds paid by the parties to the contract are to be used by the developer only for the construction (s) of apartment buildings and (or) other real estate objects for the following purposes: 1) Construction (creation) of multi-family buildings and (or) other real estate in accordance with project documentation or reimbursement of costs of their construction (creation); 2) reimbursement of acquisition costs, including design, ownership or lease rights, sublease rights to land, and construction (creation) of multi-apartment buildings and (or) other real estate; 3) reimbursement of costs for the preparation of project documents and engineering studies for construction (creation) of multi-apartment buildings and (or) other real estate objects, as well as to carry out the examination of design documents and the results of engineering research in case the carrying out of such expertise is obligatory; (In the wording of Federal Law dated 28.11.2011 N 337-FZ) 4) construction of engineering systems necessary to connect (technological adherence) of apartment buildings and (or) other real estate objects to engineering support networks, if any This is provided for in the relevant project documents; (In the wording of Federal Law of 30.12.2012). N 318-FZ) 5) Cost recovery for connection charges (technological adherence) of multi-apartment buildings and (or) other real estate objects to engineering networks (...) (...) N 318-FZ )6) Reimburse costs for the conclusion of a treaty on the development of a builtout area and the performance of obligations under that treaty (for excluding the cost of construction and (or) reconstruction of social infrastructure facilities), if the construction (creation) of apartment buildings and (or) other real estate objects is carried out on land plots provided to the developer on the the basis of this treaty and of the boundaries of such a treaty territory; (7) reimbursement of costs for the preparation of the Territory's planning documentation and the construction of the built area by constructing engineering infrastructure facilities, if construction (Creation) of apartment buildings and (or) other objects of real estate is carried out on a plot of land allocated to the developer for integrated development for housing construction, or land plots formed within the boundaries of the land site provided to the developer for integrated development for the purpose of Housing construction. 2. In case the contract price is defined as the sum of money for the construction (establishment) of the equity construction and the money to pay for the developer's services, as provided for in Part 1 of this Article The portion of the sum of money paid by the participant in the construction of the contract applies only to the funds for the construction (establishment) of the equity construction. The money of the participant of the equity construction, paid on the contract to the developer, is spent by the developer at his discretion. 3. In the event of a breach by the developer of the intended use of the money paid by the participant in the construction of the contract, the contract may be terminated at the request of the party. court order. (Article as amended by Federal Law of 17 June 2010) N 119-FZ) Article 19. Project declaration 1. The project declaration includes information about the developer and information about the construction project. 2. The project declaration is published by the developer in the mass media and (or) is placed in public information and telecommunication networks (including on the Internet) not later than fourteen days before the day of imprisonment the developer of the contract with the first participant of the equity construction, as well as is submitted to the body that performs state registration of rights to immovable property and transactions with it, and Article 23, as specified in Part 2 of Article 23 The federal law of the controlling organ. The developer has the right not to publish in the mass media and (or) the public information and telecommunications networks of the project declaration, if the funds are involved in the shares. Construction for the construction (creation) of a multi-apartment building and (or) other real estate is carried out without the production, placement and distribution of advertising related to such attraction of money. In this case, the developer is required to submit the project declaration to any interested person for examination. (In the wording of the federal laws of August 18, 2006) N 111-FZ; dated 17.06.2010 N 119-FZ) 3. The original design of the project declaration is carried out by the developer. 4. The developer is obliged to make changes to the project declaration regarding the details of the developer and the construction project, as well as the facts of changes to the project documents, within three working days of the change of the relevant information. 5. A quarterly developer is required to make changes to the project declaration relating to the information provided for in article 20, paragraph 6, paragraph 6, of this Federal Act. 6. The changes specified in parts 4 and 5 of this article shall be published in the order established for the publication of the project declaration within ten days of the date of the changes to the project declaration. 7. In the event of a violation by the developer of the requirements of the project declaration set by this Federal Law, a participant in the construction of the building is entitled to apply to a court or an arbitral tribunal to declare an invalid transaction as being committed under the law. effect of the delusion. In the event of a transaction being declared invalid, the developer is obliged to return the money paid by the party to the construction contract and pay interest in accordance with article 9, paragraph 2, of this Federal Act. Article 20. Developer Information 1. Information about the developer must contain information: 1) about the brand name, location of the developer, as well as the mode of its work; (In the wording of Federal Law dated 18.07.2006 N 111-FZ ) 2) on the State Register of Developers; 3) on the founders (participants) of the developer, who possess five and more percent of the votes in the governing body of that legal person, c the name of the legal entity, the founder (party), the name, the name, the patronymic of the natural person (the founder), and the percentage of the votes of each such founder (participant) in the organ of this legal entity; Federal Act of 18 July 2006 N 111-FZ ) 4) on projects for the construction of apartment buildings and (or) other real estate objects in which the developer took part in the three years preceding the publication of the project declaration, c By specifying the location of the specified real estate objects, the date of entry into service in accordance with the project documentation and the actual date of commissioning them; (In the wording of Federal Law by 18.07.2006 N 111-FZ 5) on the type of licensed activity, license number, duration of its validity, the authority which issued the licence, if the activity is subject to licensing under federal law and is related to implementation The developer works to attract funds of the parties to the construction of apartment buildings and (or) other objects of real estate; 6) on the financial result of the current year, class="ed"> payables and receivables sizes per day Publication of the project declaration. In the wording of the federal laws dated July 18, 2006. N 111-FZ; dated 17.06.2010 N 119-FZ) 2. The developer has the obligation to present to any person in question: 1) the developer certificates of the developer; (2) the certificate of state registration of the developer; 3) the registration certificate in the tax authority; 4) (Federal Act No. N 111-FZ) 5) approved annual reports, accounting records for the last three years of the developer's business or developer in less than Three years (with the exception of the accounting registers) for the actual period of the business or the application by the developer of the simplified tax system of the income and construction expenditure ledger for the period referred to in this paragraph period; (In the wording of the Federal Law dated 17.06.2010 N 119-FZ ) 6) the last year's audit opinion of the developer of the business. 3. The developer shall submit the documents referred to in part 2 of this article, in the originals or in the form of duly certified copies. Documents referred to in Part 2 of this Article may not be seized except in the case of OF THE PRESIDENT OF THE RUSSIAN FEDERATION N 111-FZ; in the wording of Federal Law of 17.06.2010 N 119-FZ) Article 21. Information about the construction project 1. The information on the construction project should correspond to the project documentation and contain information: 1) on the purpose of the construction project, the phases and the timing of its implementation, the results of the examination of the project documentation, if the project Such examinations are established by federal law; (In the wording of Federal Law of 28.11.2011). N 337-FZ) 2) on construction permit; 3) on the rights of the developer to the land, including the reference to the land plot, the owner of the land Section (if the developer is not the owner of the land), the cadastral number and the land plot provided for the construction (creation) of the apartment building and (or) other real estate objects, about the elements (In the wording of the Federal Law dated 17.06.2010 N 119-FZ) 4) on the location of the multi-apartment building (s) and (or) other real estate object and their description, prepared in accordance with the project documentation on which the permit was issued. construction; 5) on the number of apartment buildings under construction (created) and (or) other real estate objects of independent parts (apartments in apartment buildings, garages and other real estate), as well as description characteristics of these independent parts according to Project documentation; (In the wording of Federal Law of 17.06.2010). N 119-FZ) 6) on the functional assignment of non-residential premises in blocks of flats other than common property in the apartment building, if the real estate is built (the building) is an apartment building; 7) on the composition of the common property in the apartment building and (or) other real estate, which will be in the shared ownership of the equity participants after obtaining a permit for the commissioning of the said of the real estate and the transfer of the ownership of construction to the participants ) of the proposed time limit for the acquisition of a permit for the commissioning of the construction (s) of a multi-apartment building and (or) other real estate object, on the authority mandated by legislation on urban planning for the issuance of permits for the introduction of these objects of real estate in operation; (In the wording of Federal Law dated 17.06.2010 N 119-FZ ) 9) on possible financial and other risks in the construction project and voluntary insurance measures by the developer of such risks; 9-1) on planned construction costs (...) (...) (...) N 111-FZ ) 10) on the list of organizations that carry out major construction and installation and other works (contractors); 11) on how to enforce the obligations of a contract developer (information about a contract of insurance or a contract of surety, including details of the relevant contract, information about the guarantor or insurer (name, identification number of the taxpayer, State registration number, location), On the object of equity construction, in respect of which the insurance or surety contract is concluded; (Item padded to the Federal Act of 18 July 2006). N 111-FZ) (In the wording of Federal Law No. N 236-FZ ) 12) on other contracts and transactions on the basis of which money is used to construct a multi-apartment house and (or) other real estate other than attract (a) The Contract The paragraph is supplemented by the Federal Law of 18 July 2006. N 111-FZ 2. At the request of the party, the developer is obliged to present for inspection: 1) the construction permit; 2) the feasibility study of the construction of the apartment building and (or) inogue the real estate object; 3) the conclusion of the examination of the project documents, if such examination is established by federal law; (In the wording of Federal Law from 28.11.2011 N 337-FZ) 4) project documents that include all modifications made to it; 5) documents confirming the rights of the developer to the land. Article 22. (Spconsumed by Federal Law of 16.10.2006) N 160-FZ) Article 23. State regulation, state control (supervision) in the area of equity construction of apartment buildings and (or) other objects of real estate 1. State regulation of the construction of apartment buildings and (or) other objects of real estate is carried out in accordance with this Federal Law by the authorized federal executive authority (hereinafter referred to as the federal law). The competent authority), as well as other federal executive bodies within their competence. 2. State control (supervision) in the area of equity construction of apartment buildings and (or) other objects of real estate is carried out in accordance with this Federal Law by the authorized body of the executive branch of the Russian Federation The Federation in whose territory the construction is carried out (hereinafter-the supervisory authority). 3. Authorized body: 1) to issue, within the limits of its competence, the regulatory legal acts necessary for the implementation of state regulation in the area of construction of multifamily buildings and (or) other objects Real estate; 2) to develop and publish guidelines on the practice of state control (supervision) in the area of ownership of multifamily buildings and (or) other real estate objects; (3) Request documents and information from control authorities; necessary for the implementation of state regulation in the area of equity construction of multifamily buildings and (or) other real estate objects; 4) to exercise other powers provided for by this Federal Law. 4. The competent authority coordinates the activities of the federal executive authorities in the implementation of the state policy in the area of equity construction of apartment buildings and (or) other objects of real estate The criteria according to which citizens whose funds are used for the construction of apartment houses and whose rights have been violated are among the victims and the rules of the supervisory authority of the registry of such citizens. 5. The Government of the Russian Federation sets out the standards for assessing the financial sustainability of the developer. 6. Supervisory authority has the right: 1) to control the target use of money paid by the developers on the contract, for the construction (s) of apartment buildings and other (or) other of immovable property under this Federal Law; 2) obtain from the federal executive authority authorized to carry out official statistical information functions, documents and Information needed to monitor the activities of the Developers involved in attracting money from the parties to the construction (creation) of multi-family buildings and (or) other objects of real estate; 3) receive from the federal executive authority, The Commissioner for the State Cadastre and Cadastre of the State Real Property Cadastre, as well as the authorities responsible for the registration of real property rights and transactions with the State. documents and information required for the control of the activities of developers involved in attracting money from the parties involved in construction (creation) of apartment buildings and (or) other real estate objects; 4) to receive money from persons attracting money Funds of citizens for construction, in accordance with article 11 of the Federal Act of 26 December 2008, No. 294-FZ " On protection of the rights of legal persons and individual entrepreneurs in the exercise of State control (supervision) and municipal The Conference of the States, State control (supervision) in the area of equity construction of apartment buildings and (or) other objects of real estate and whose list is established by the State authorities of the constituent entities of the Russian Federation; 5) receive from Local governments documents and information necessary for the implementation of state control (supervision) in the area of construction of apartment buildings and (or) other objects of real estate (including documents related to Construction of a multi-apartment house and (or) other real estate object); 6) to receive quarterly reports from the developer on the implementation of activities related to the attraction of funds of the parties involved in the construction (creation) of multi-apartment buildings and (or) other objects of real estate, including the performance of its obligations under the contracts, by means and in the manner prescribed by the Government Plenipotentiary of the Russian Federation, the federal executive branch, as well as the accounting records (in the case of Number of annual) prepared in accordance with the requirements of the law The Russian Federation; 7) to supervise the activities of the developers involved in attracting funds from the parties to the construction (establishment) of multi-family buildings and (or) other objects of real estate; 8) to monitor compliance with the requirements of this Federal Law, , including to request from the Central Bank of the Russian Federation information on the conformity of the bank with which the developer is a contract of sponsorship or an insurance organization, c which the developer has concluded the insurance contract, the requirements of this Federal Law, and also to consider the complaints of citizens and legal entities involved in violations of this Federal Law. (In the wording of Federal Law dated 13.07.2015 N 236-FZ)9) to send persons who attract money to the citizens to build, order to eliminate the violation of the requirements of this Federal Law, the regulatory legal acts of the President OF THE PRESIDENT OF THE RUSSIAN FEDERATION attracting funds from citizens for construction (their of the Russian Federation), to the liability established by this Federal Law and the law of the Russian Federation on administrative offences; 11) to apply to the courts for the protection of the rights and legitimate interests of the participants of equity construction; 12) to exercise other powers provided for by this Federal Act. 7. The supervisory authority shall recognize, in accordance with the criteria established by the competent authority, the criteria of citizens whose funds are used for the construction of apartment buildings and whose rights have been violated, the victims and the register of such persons. 8. In relation to the implementation by the supervisory authority of the State control (supervision) in the area of equity construction of apartment buildings and (or) other objects of real estate, organization and conduct of inspections of legal entities, apply the provisions of Federal Act No. 294-FZ of 26 December 2008 on the protection of the rights of legal persons and individual entrepreneurs in the exercise of State control (supervision) and municipal control, taking into account the particularities, of the present article. 9. The subject of verification is the compliance by persons who attract funds of citizens for construction, compulsory requirements established by this Federal Law and adopted in accordance with other normative legal acts of the Russian Federation. THE RUSSIAN FEDERATION 10. The grounds for the monitoring body in the territory of the constituent entity of the Russian Federation on which the construction is carried out is the expiry of one year from the date of issue to the person who attracts the money of the citizens Construction, building permits or the end of the last scheduled inspection of such a person in the territory of the constituent entity of the Russian Federation under construction. 11. The reason for the exceptional check is: 1) failure to perform a fixed term by the person holding the funds of citizens for the construction issued by the regulatory authority for the elimination of the breach of claims OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the quarterly report of the developer on the implementation Activities related to the attraction of funds of the parties involved in the construction (creation) of multi-family buildings and (or) other objects of real estate, accounting records (including annual) made in accordance with OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3) the receipt of the appeals body and Citizens ' statements, including individual entrepreneurs, legal entities, information from government authorities, local authorities, mass media, information and telecommunication network Internet on facts OF THE PRESIDENT OF THE RUSSIAN FEDERATION Self-governance; (4) Order (Order) Head (deputy head) of supervisory authority on an unscheduled inspection issued in accordance with the instruction of the President of the Russian Federation or the Government of the Russian Federation or the supreme executive body OF THE PRESIDENT OF THE RUSSIAN FEDERATION Prosecutor for unscheduled inspection of the enforcement of laws The Office of the Procurator-General of the Ministry of Public Prosecutions 12. An exceptional inspection of the grounds referred to in paragraph 4 of part 11 of this article may be carried out by the supervising authority immediately with the notification of the Public Prosecutor's Office in the manner prescribed by article 10, paragraph 12, of the Federal Act. On 26 December 2008, N 294-FZ "On the protection of the rights of legal persons and individual entrepreneurs in the exercise of State control (supervision) and municipal control". 13. The prior notification of the person holding the funds of the citizens for construction is not permitted under paragraph 4 of part 11 of this article. 14. A person who attracsums money from citizens for construction, which is directed by the controlling authority in accordance with paragraph 9 of Part 6 of this Article, shall be entitled to apply within three months from the date of the direction of the said order to the arbitral tribunal with a declaration of acceptance of the said order illegal. An appeal to an arbitral tribunal with a declaration of acceptance of the said order unlawfully does not suspend its application. The procedure for dealing with such a declaration, the procedure for its consideration and the procedure for deciding on the application for recognition of the order is determined by the law on the proceedings before the arbitral tribunals. 15. The Supervisory Authority has the right to apply to the arbitral tribunal to suspend for a certain period the activity of the developer involved in attracting the funds of the parties involved in the construction (creation) of multi-apartment buildings and (or) other real estate objects, in the case of: 1) more than 30 days in the reporting period provided for by this Federal Law; 2) the developer fails to comply with the regulations financial sustainability of its activities The Government of the Russian Federation; 3) the developer does not meet the requirements of the participants in the construction of the money obligations under Part 1 of Article 12-1 of this Federal Law, and (or) does not comply The obligation to transfer the co-construction site within three months from the date of satisfaction of such claims and (or) performance of such obligation. In addition, the requirements in aggregate must be at least 100,000 rubles; 4) the developer did not comply with the requirements of this Federal Law, as well as other regulatory legal acts. provided that, within one year, two or more times the measures provided for in this Federal Act were applied to the developer. 16. The Supervisory Authority has the right to apply to the Arbitral Tribunal for the liquidation of a person who attracsums the money of the citizens for construction in the event of a repeated or gross violation of the requirements of this Federal Act or adopted in in accordance with other laws and regulations, as well as in other cases provided for by federal law. 17. In the case of an appeal to the arbitral tribunal with the declarations provided for in parts 15 and 16 of this article, the supervising authority within five working days of the date of entry into force of the decision of the arbitral tribunal to remove the person involved in the money Citizens for construction or suspension of activities by the developer involved in attracting funds from the parties to the construction (establishment) of multi-family buildings and (or) other real estate objects, The obligation to notify the authorities that are exercising State registration of rights in the immovable property and transactions with it, on the entry into force of the relevant court decision. (Article in the wording of Federal Law dated 28.12.2013. N 414-FZ) Article 24. To amend the Federal Law "On State Registration of Rights in Immovable Property and Transactions" Amend Federal Law dated 21 July 1997 N 122-FZ " On State Registration of Rights to Real Property and Transactions " (Russian legislature, 1997, N 30, p. 3594; 2001, N 11, sect. 997; N 16, est. 1533; 2002, N 15, sect. 1377; 2003, N 24, sect. 2244; 2004, N 27, sect. 2711; N 30, sect. 3081; N 35, sect. 3607; N 45, sect. 4377) the following changes: 1) Article 7, paragraph 1, should be added to the following paragraph: " In a statement from the Single State Register of Rights containing information about the land on which the object is created The property, which includes residential and non-residential premises, which are the subject of the equity contracts, indicates the existence of registered contracts of participation in the list of facilities equity construction, as well as trade names (names) Legal persons-participants of the fractional construction, surnames, names, patronymic of the physical persons-participants of the equity construction. "; 2) to supplement Article 25-1 as follows: " Article 25-1. State registration of participation contracts in equity construction 1. In addition to the documents required for State registration under this federal law, the State registration of the contracts of participation in the construction contracts shall be accompanied by documents describing the object of the share. Construction with an indication of its location on the property plan to be created and the planned area of the equity construction. 2. State registration of the participation agreement in equity construction, concluded by the developer with the first participant of the equity construction, is carried out on the basis of the declaration of the parties to the agreement (the developer, the participant of the equity construction). The State registration of the participation in the equity construction, concluded by the developer with the first participant of the equity construction, together with the documents required for the State registration of the participation agreement in the equity construction under this Federal Law, the developer would be represented: 1) the construction permit; 2) the project declaration; 3) the plan of the property to be created and its location and the number of objects that are created Real estate of residential and non-residential premises and planned area of each of the premises. 3. A record of the participation in the equity construction (of its modification, termination, assignment of the rights of the requirement under the contract), the state registration of which is established by federal law, is entered in the containing transaction records of subsection III A section open to the land where the real estate property is to be built, in the order of equity construction, the Unified State Register of Rights. In the State registration of the participation agreement in the equity construction, the subsection is also written on the basis of the federal law on the deposit of a land plot or pledge of the right of lease with an indication of the "special marks" in the graph. The extension of the pledge to the real estate property. 4. Application to the Single State Register of the avoidance of the participation in the construction of the contract may be submitted by one of the parties to the contract of participation in the equity construction with the application of the documents confirming the termination of the treaty. The State Registration Authority, when submitting a declaration by one of the parties to such a treaty, must notify the other party to the treaty in writing during the working day. ". Article 25. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Administrative Offences (Assembly of the Laws of the Russian Federation, 2002, No. 1, Art. 1; N 18, sect. 1721; N 30, est. 3029; N 44, st. 4295; 2003, N 27, sect. 2700, 2708, 2717; N 46, st. 4434, 4440; N 50, sect. 4847, 4855; 2004, N 30, st. 3095; N 31, est. 3229; N 34, st. 3529, 3533; N 44, sect. 4266) The following changes: 1) paragraph 2 of Article 3.5 of Article 3.5 after the words "Protection of the natural environment," add "participation in the construction of apartment buildings and (or) other real estate objects,"; 2) Part 1 of Article 4.5 after the words "on elections and referenda," should be supplemented by the words "on participation in the equity construction of apartment buildings and (or) other real estate objects,"; 3), to supplement article 14.28 with the following: " Article 14.28. Violation of the requirements of the law on participation in equity construction of apartment blocks and (or) other real estate objects 1. Attracting the funds of citizens for the construction of apartment buildings by a person who does not have the right to participate in the construction of apartment buildings and (or) other objects of real estate- An administrative fine shall be imposed on officials ranging from one hundred and fifty to two hundred times the minimum wage; for legal persons, from four thousand to five thousand minimum wages. 2. Publication in mass media and (or) public information and telecommunication networks of a developer of the project declaration (including changes made to it) containing incomplete and/or inaccurate information, The provision by the developer of incomplete and (or) incorrect information, publication, location or provision of which is provided for in the legislation on participation in the construction of multifamily buildings and (or) other real estate objects, and -infringement of the timing of the publication and/or location of the project declarations or changes thereto- shall impose an administrative fine on officials in the amount of between 100 and fifty times the minimum wage; legal entities-from 3 thousand to 4 thousand minimum wages. rates of remuneration. 3. Failure to submit, within a specified period, to the authority responsible for supervising and supervising the construction of multifamily buildings and (or) other real estate objects, reporting in cases provided for by the law on participation in equity The construction of multi-family buildings and (or) other real estate objects, as well as the reporting of false information- results in an administrative fine imposed on officials in the amount of 100 to one hundred and fifty minimum wage; legal persons from one to two thousand the minimum wage. "; 4) Article 19.5 should be supplemented with Part 4, as follows: " 4. Failure to meet, within a specified period of time, the lawful requirement of the authority responsible for controlling and supervising the construction of multifamily buildings and (or) other real estate objects- results in the imposition of an administrative fine on officials of between 100 and one hundred and fifty times the minimum wage; legal entities-from one to two thousand minimum wages. "; 5) Chapter 23 to supplement article 23.64 with the following: " Article 23.64. { \cs6\f1\cf6\lang1024 } Authorities { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Bodies monitoring and supervising the construction of multifamily buildings and (or) other objects of real estate consider cases of administrative offences under article 14.28 and article 19.5, paragraph 4, of the present report. Code. 2. To deal with administrative offences on behalf of the authorities referred to in Part 1 of this Article, to the right: 1) the head of the federal executive body exercising control and supervision in the area of Construction of multi-family buildings and (or) other real estate objects, its deputies; 2) heads of structural units of the federal executive authority exercising control and supervision of equity construction of multi-family buildings and (or) other real estate objects, their deputies; 3) the heads of the territorial bodies of the federal executive authority supervising and supervising the construction of multifamily buildings and (or) other real estate objects, their deputies. " Article 26. On amending the Federal Act "On mortgage (real estate mortgage)" First sentence of paragraph 2 of article 20, second paragraph 2 of the Federal Law dated July 16, 1998 N 102-FZ " On mortgage (real estate mortgage) " (Russian Federation Law Assembly, 1998, N 29, p. 3400; 2002, N 7, est. 629; 2004, N 27, sect. 2711; N 45, sect. (4377) The following wording: " State registration of a mortgage under the law is carried out at the same time as the state registration of the property rights of the person whose rights are acquired by the mortgage, unless otherwise established. federal law. ". Article 27. Entry into force of this Federal Law 1. This law shall enter into force three months after its official publication. 2. This Federal Act applies to relations involving the use of funds of the parties involved in the construction (establishment) of multi-family buildings and (or) other objects of real estate, the construction of which is obtained after the entry into force of this Federal Act. 3. The provisions of article 4, paragraph 3, and article 13, paragraph 3, of this Federal Act do not apply to the award of public contracts for the acquisition of accommodation in accordance with article 20 to 1 of the Federal Act of 21 July 2007. 185-FZ "On the Fund for the Reform of Housing and Communal Services". (Part of the addition is the Federal Law of 17.07.2009. N 147-FZ) President of the Russian Federation Vladimir Putin Moscow, Kremlin 30 December 2004 N 214-FZ