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The Introduction Of The Housing Code Of The Russian Federation

Original Language Title: О введении в действие Жилищного кодекса Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW About the Introduction of the Housing Code Russian Federation adopted by the State Duma on December 22, 2004 The Federation on December 24, 2004, (In the wording of federal laws of 26.12.2005) N 184-FZ; of 30.06.2006 N 93-FZ; dated 29.12.2006 N 251-FZ; of 01.12.2007 N 310-FZ; of 08.05.2009 N 93-FZ; dated 01.02.2010. N 4-FZ; dated 30-07/2010. N 242-FZ; of 04.06.2011 N 123-FZ; of 02.10.2012 N 159-FZ; of 25.12.2012 N 271-FZ; of 25.02.2013 N 16-FZ; of 05.04.2013 N 43-FZ; dated 07.06.2013 N 108-FZ; dated 23.06.2014 N 171-FZ; dated 21.07.2014. N 217-FZ; dated 21.07.2014 N 255-FZ; dated 28.02.2015 N 19-FZ; , 29.02.2016 N 33-FZ) Article 1 Enter the Housing Code of the Russian Federation effective 1 March 2005. Article 2 1. Admit invalid since 1 March 2005: 1) Housing Code of the RSFSR (Bulletin of the Supreme Soviet of the RSFSR, 1983, No. 26, art. 883); 2) Order of the Supreme Soviet of the RSFSR of 24 June 1983 "On the implementation of the Housing Code of the RSFSR" (Bulletin of the Supreme Council of the Russian Federation) The Council of the RSFSR, 1983, N 26, Art. 884); 3) paragraph 2 of the Decree of the Presidium of the Supreme Soviet of the RSFSR of 18 January 1985 " On introducing modifications and additions to some legislative acts of the RSFSR " (Bulletin of the Supreme Soviet of the RSFSR, 1985, No. 4, sect. 117); 4) Order of the Presidium of the Supreme Soviet of the RSFSR of 29 August 1986 N 3990-XI " On introducing amendments and additions to the Housing Code Russian Soviet Federative Socialist Republic (RSFSR) 1023); 5) Paragraph 5 of the RSFSR Act of 3 December 1986 " On approval of the decrees of the Presidium of the Supreme Soviet of the RSFSR on amendments and Some legislative acts of the RSFSR " (Bulletin of the Supreme Soviet of the RSFSR, 1986, N 50, sect. 1467); 6) Article 3 of the RSFSR Act of 7 July 1987 "On amendments and additions to some legislative acts of the RSFSR" (Bulletin of the Supreme Soviet of the RSFSR, 1987, N 29, art. 1060); 7) Order of the Presidium of the Supreme Soviet of the RSFSR of 18 November 1988 N 10482-XI " On adding to Article 37 of the Housing Code Russian Soviet Federative Socialist Republic (Vedom.RSFSR), Vedomas, art. 1493); 8) Decree of the Presidium of the Supreme Soviet of the RSFSR of 19 December 1988 N 10791-XI "On Complements of Article 5 of the RSFSR Housing Code" (Statements by the Supreme Council of the RSFSR, 1988, No. 51, sect. 1619); 9) Order of the Presidium of the Supreme Soviet of the RSFSR of 22 June 1989 N 11943-XI " On introducing additions and amendments to the Housing Code Russian Soviet Federative Socialist Republic (RSFSR) 642); 10) Articles 3, 9, 10 and Section III of the Russian Federation Law of 4 July 1991 N 1541-I on the privatization of the housing stock Statement by the Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1991, No. 28, 959); 11) Law of RSFSR of 6 July 1991 No. 1552-I "On amendments and additions to the Housing Code of the RSFSR" (Congress of People's Congress) deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1991, 963); 12) paragraphs 3, 9, 10 and 11 (as part of the replacement of the words in article 9) of the Russian Federation Act of 23 December 1992 No. 4199-I Amendments and additions to the RSFSR Law on Privatization in the RSFSR (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1993, N 2, st. 67); 13) Law of the Russian Federation of 24 December 1992 No. 4218-I "On the foundations of federal housing policy" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 99); 14) Order of the Supreme Soviet of the Russian Federation of 24 December 1992 No. 4219-I on the enactment of the Russian Law OF THE PRESIDENT OF THE RUSSIAN FEDERATION 100); (15) Article 1, paragraph 2, of the Federal Act of 11 August 1994, N 26-FZ " On introducing amendments and additions to the Law of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1864); 16) Article 1, paragraph 9, of the Federal Law of 27 January 1995 N 10-FZ " On introducing amendments and additions to individual OF THE PRESIDENT OF THE RUSSIAN FEDERATION 346); 17) Article 38 (2) of the Federal Law of 22 August 1995 N 151-FZ "On emergency and rescue services and status of rescue workers" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3503); 18) Federal Law of 12 January 1996 N 9-FZ "On amendments and additions to the Law of the Russian Federation" On the basics OF THE PRESIDENT OF THE RUSSIAN FEDERATION 147); 19) Federal Act No. 72-FZ of 15 June 1996 on "homeowners ' associations" (Legislative Assembly of the Russian Federation) THE RUSSIAN FEDERATION, 1996, N 25, 2963); 20) Federal Law of April 21, 1997 N 68-FZ "On amendments and additions to the Law of the Russian Federation" On the basics OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1913); 21) Federal Law of 28 March 1998 N 45-FZ "On introducing amendments and additions to the Housing Code of the RSFSR" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1467); 22) Federal Law of 10 February 1999 N 29-FZ "On amendments to the Law of the Russian Federation" On the foundations of the federal state OF THE PRESIDENT OF THE RUSSIAN FEDERATION 876); 23) Federal Law of 17 June 1999 No. 113-FZ "On amendments and additions to the Law of the Russian Federation" On the basics OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3042); 24) Federal Act No. 152-FZ of 8 July 1999 "On amendments to Article 15 of the Russian Federation Law" On the basics OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3485); 25) Federal Law of 17 April 2001 N 48-FZ "On amending article 60 of the RSFSR Housing Code" (Assembly OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1647); 26) Paragraph ninety-eighth article 2 of the Federal Law of 30 December 2001, No. 196-FZ " On the Introduction of the Code of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2); 27) Paragraph 24 of Article 2 of the Federal Law of 21 March 2002 N 31-FZ " On bringing the legislation into conformity with Federal Law on State Registration of Legal Persons (Assembly of Laws of the Russian Federation, 2002, N 12, Art. 1093); 28) paragraphs 4, 10, 17-22 of Article 1 of the Federal Law of 20 May 2002 N 55-FZ " On introducing amendments and additions to the Law OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1918); 29) Article 2 of the Federal Law of 25 July 2002 N 116-FZ " On introducing amendments and additions to some legislative acts OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3033); 30) articles 1 and 2 of the Federal Law of 24 December 2002, No. 179-FZ " On the introduction of certain acts of the Russian Federation Federation of amendments and additions aimed at the development of the mortgage housing loan system (Russian Federation Law Assembly, 2002, N 52, art. 5135); 31) Article 4 of the Federal Law of December 31, 2002 N 187-FZ "On introducing amendments and additions to Part Two of the Tax Code" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2); 32) Article 1 of the Federal Law of 6 May 2003 N 52-FZ "On Amendments and Additions to the Law of the Russian Federation" On the Basis OF THE PRESIDENT OF THE RUSSIAN FEDERATION Articles 2 and 3 of the Federal Act of 20 July 2004 on amendments to articles 14 and 15 of the Federal Act Russian Federation, 2004, N 30, Art. 3089); 34) Article 22 of the Federal Law of 22 August 2004, No. 122-FZ " On amendments to the legislative acts of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3607). 2. Admit invalid force from March 1, 2017: (Federal Law of June 30, 2006). N 93-FZ; dated 01.02.2010. N 4-FZ; of 25.02.2013 N 16-FZ; dated 28.02.2015 N 19-FZ; dated 29.02.2016 EN 33-FZ 1) Articles 1, 2, 4, 6-8, 9-1 and Section II of the Russian Federation Law of 4 July 1991 N 1541-I on privatization OF THE PRESIDENT OF THE RUSSIAN FEDERATION 959); 2) paragraphs 1, 2, 4 to 8 and paragraph 11 (as part of the replacement of the words in article 2) of the Russian Federation Act of 23 December 1992 No. 4199-I Amendments and additions to the RSFSR Law on Privatization in the RSFSR (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1993, N 2, st. 67); 3) Federal Act No. 26 of 11 August 1994 on amendments and additions to the Russian Federation Law on Privatization OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1864); 4) Federal Act No. 50 of 28 March 1998 on amendments to article 2 of the Russian Federation Law on Privatization OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1472); 5) Federal Act of 1 May 1999 No. 88-FZ "On amendments and additions to article 4 of the Russian Federation Act" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2214); 6) Article 2 of the Federal Law of 15 May 2001 N 54-FZ "On introducing amendments and additions to the Civil Code of the Russian Federation" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2063); 7) paragraphs 2, 3, 5, 7-9, 11 to 16 of Article 1 of the Federal Law of 20 May 2002 N 55-FZ " On introducing amendments and additions to the Law OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1918); 8) Article 3 of the Federal Law of June 29, 2004 N 58-FZ " On introducing amendments to some legislative acts of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2711); 9) Article 4 of the Federal Law of 22 August 2004 N 122-FZ " On Amendments to the Laws of the Russian Federation and OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3607). Article 3 As from 1 March 2005 not to be active in the territory of the Russian Federation: 1) Basic housing legislation of the Union of Soviet Socialist Republics and the Union Republics of 24 June 1981 (Bulletin of the Supreme Soviet of the Soviet Union, 1981, No. 26, sect. 834; 1984, N 24, 422; 1985, N 48, sect. 919; 1986, No. 17, sect. 278; 1988, N 51, est. 750; 1989, N 19, sect. 151; 1990, N 23, art. 422); 2) Resolution of the Supreme Soviet of the USSR of June 24, 1981 N 5151-X "On the Introduction of the Housing Law of the Union of Soviet Socialist Republics and Union Republics" (Bulletin of the Supreme Soviet of the USSR, 1981, No. 26, art. 835); (3) Decree of the Presidium of the Supreme Soviet of the USSR dated December 7, 1981, N 6151-X "On the procedure for enacting the housing legislation of the Union of Soviet Socialist Republics and Union Republics" (Bulletin of the Supreme Soviet of the USSR, 1981, N 49, art. 1286). Article 4 1. Before the harmonization of the Housing Code of the Russian Federation with laws and other legal acts in force in the territory The Russian Federation, the laws and other regulatory legal acts are applied in so far as they do not contradict the Housing Code of the Russian Federation . and this Federal Law. 2. Before the introduction of the Housing Code of the Russian Federation , the normative legal acts of the Supreme Soviet of the RSFSR, the Supreme Soviet of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Supreme Soviet of the USSR Legal acts of the Presidium of the Supreme Soviet of the USSR, the President of the USSR and the Government of the USSR on issues which, according to the Housing Code of the Russian Federation may be regulated only by federal laws, pending the entry into force of relevant federal laws. Article 5 Towards housing relations that arose prior to the introduction of the Housing Code of the Russian Federation The Russian Federation Housing Code applies to the rights and obligations that will arise after it has been put into effect, except as provided for in the A true federal law. Article 5-1 Home Ownership Building, created in two or more apartment buildings, if it does not meet the requirements of article 136, paragraph 1, of the Housing Code OF THE PRESIDENT OF THE RUSSIAN FEDERATION such houses. The Article is supplemented by the Federal Law of July 21, 2014. N 255-FZ Article 6 1. Since 1 March 2005, the adoption of citizens for the purpose of providing them with contracts of social employment in the State or municipal housing stock is carried out on the basis of and in accordance with the procedure provided for in the Housing Code. of the Russian Federation. 2. Citizens who have been taken into account before 1 March 2005 for the purpose of providing them with residential accommodation under the social contract shall retain the right to take these into account until they receive accommodation under the social contract. These citizens shall be removed from this account on the grounds stipulated in paragraphs 1, 3 to 6 of article 56, paragraph 1, of the Housing Code of the Russian Federation, and also in the event of their loss of the grounds which, prior to the introduction of the Housing Code of the Russian Federation, gave them the right to obtain accommodation Social employment contracts. These citizens are provided with accommodation under contracts of social employment in accordance with the procedure provided for in the Housing Code of the Russian Federation. in the light of the provisions of this Part. Article 7 In relation to the use of residential premises owned by State or municipal enterprises or State or municipal institutions and used in the quality of the dormitories, and transferred to the local government, regardless of the date of transfer of these premises, and from the date of their being granted to citizens legally , the rules on the social contract. (In the wording of Federal Law of 02.10.2012) N 159-FZ) Article 8 1. Prior to the amendment of federal laws and other legal acts as part of the replacement of the provision of accommodation and utilities for citizens under article 160 Housing Code of the Russian Federation -compensation is maintained in the same manner as specified by these federal and other federal laws. Legal instruments before the introduction of Housing Code of the Russian Federation. (Revision of the Federal Law dated 04.06.2011 N 123-FZ) 2. Prior to the amendment of federal laws and other regulatory legal acts to replace the procedure for the provision of housing and utilities benefits to citizens under article 160 of the Housing Code of the Russian Federation. The Federation of Compensation for Housing and Community Services Compensation is provided to citizens without paying for living accommodation and public services or in the case of a citizen's imprisonment and/or execution the settlement agreements. (Part of the addition is the Federal Law of April 4, 2011. N 123-FZ) Article 9 The action of section VIII of the Housing Code of the Russian Federation applies also to Relations that have arisen from previous arrangements for the management of apartment buildings. Article 10 (Overtaken by Federal Law of 23 June 2014). N 171-FZ) Article 11 Amend Part Two of the Civil Code of the Russian Federation (Legislative Assembly Russian Federation, 1996, (410) The following changes: 1) in article 672, paragraph 3, of the figure "681," delete; 2) in the second article 679, paragraph 1 of article 680, paragraph 2 of article 685 of the words "the standard of living space per person" should be replaced by the words " The total area of accommodation per person. " Article 12 Part 1 of Article 4 of the Law of the Russian Federation of 4 July 1991 No. 1541-I " On the privatization of the housing stock in Statement by the Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1991, No. 28, 959; Congress of People's Deputies of the Russian Federation and Supreme Soviet of the Russian Federation, 1993, N 2, Art. 67; Legislative Assembly of the Russian Federation, 1999, No. 18, art. 2214; 2002, N 21, st. 1918), after the words "Not subject to privatisation of living quarters", add the words "provided to citizens by social contract after 1 March 2005, as well as living quarters,". Article 13 In the housing and living quarters of the dormitories provided to them prior to the introduction of the Housing Code of the Russian Federation, Article 51, paragraph 1 Housing Code of the Russian Federation to account for, or have the right to, the accommodation provided under social contract This accounting cannot be evicted from these premises without the provision of other accommodation, unless their eviction is permitted by law before the introduction of Housing Code of the Russian Federation. Article 14 (Unused-Federal Law of 30.06.2006 N 93-FZ) Article 15 The share of common ownership of common property in a block house is proportional to the size of the total area of ownership of the apartment block in the apartment building, if Until the entry into force of this Federal Act by a decision of the general meeting of the owners of the premises or other agreement of all parties to the common property in the common property in the apartment building, it is not established otherwise. Article 16 1. In the existing settlement of settlements, the land on which the apartment building is located and other immovable property belonging to such a house is the shared property of the owners of the premises in the apartment building. 2. The land area, which houses the apartment building and other real estate objects, which is formed before the introduction of 3. In the case of a land plot on which the apartment building is located and other immovable property belonging to such a house is not formed before the introduction of The Russian Federation Housing Code, based on the decision of the general meeting of owners of the apartment building in the apartment house, any person authorized by the said meeting is entitled to apply to the public authorities or local authorities with a declaration of formation land on which the apartment house is situated. 4. Formation of the land on which the apartment house is located is carried out by the state authorities or by local authorities. 5. Since the formation of the land plot and its state cadastral register, the land area on which the apartment house and other immovable property belonging to such a house are located, will be transferred to the general premises free of charge. ownership of the premises in the apartment building. 6. Authorization for the commissioning of the apartment building and other immovable property belonging to the apartment building, built or reconstructed after the date of enactment of the Housing Code of the Russian Federation, is provided only if the location of the land on which the apartment block is located, as well as other immovable property belonging to this apartment building, is placed in the State Real estate cadastre. (...) (...) N 171-FZ 7. There is no prohibition on encumbering the land on which the apartment house is located, where it is necessary to ensure free access of persons to immovable property forming part of the apartment building and existing pre-service buildings. Introduction of the Housing Code of the Russian Federation. Article 17 Act No. 122-FZ of 21 July 1997 on State registration of rights to immovable property (Russian Federation Law Assembly, 1997, 3594) The following changes: 1) in Article 1, third paragraph, the word "condominiums," delete; 2) in article 23: (a) in paragraph 1 of the word "Federal Act" on homeowners ' associations "should be replaced with the words" Housing of the Russian Federation "; b) in paragraph 2, replace the word" condominiums "with the words" condominiums ". Article 18 1. The local self-government body in accordance with the provisions of Article 161 of the Housing Code of the Russian Federation holds before May 1 2008 Open contest on the selection of the management organization, unless the management of the apartment house was chosen by the owners of the apartment house before 1 January 2007, or adopted by such owners there was no decision to choose a way to manage the apartment house implemented. Subjects of the Russian Federation are entitled to set the dates of commencement and termination of these competitions for all or individual municipalities, provided they are held not later than 1 May 2008. Federal Law of 26 December 2005 N 184-FZ; dated 29.12.2006 N 251-FZ) 2. Previously, the obligations of the organizations responsible for the management, maintenance and repair of the apartment building are maintained until the obligations related to the management of the apartment block are created in accordance with the provisions of section VIII Housing Code of the Russian Federation. (Part padded-Federal Law of 29.12.2006 N 251-FZ) Article 19 Effect of article 31, paragraph 4, of the Housing Code of the Russian Federation applies to former members of the family of the owner of the privatized dwelling, provided that at the time of the privatisation of the dwelling, the persons concerned had equal rights to use the premises with the person who was privatised, if any is not otherwise determined by law or by contract. Article 20 Citizenswho have privatized residential premises, which are the only place of permanent residence, have the right to transfer their own property and free from obligations State or municipal property, and the relevant executive authorities, local authorities or persons authorized by them are obliged to take them into their own property and to conclude contracts for the social services of these persons. living quarters with citizens and their families living in these areas In accordance with the law of the Russian Federation. N 93-FZ; dated 01.02.2010. N 4-FZ; of 25.12.2012 N 271-FZ) Article 21 Ensuring the Housing Rights of the Owner (employer) of the Residential Land for State or Municipal Needs in connection with The organization and hosting of the XXII Olympic Winter Games and XI Paralympic Winter Games 2014 in Sochi and the development of the city of Sochi as a mountain climate resort are regulated by the Housing Code of the Russian Federation, unless otherwise determined by the Federal Law "On organization and holding of the XXII Olympic Winter Games and XI Olympia" Sochi Paralympics 2014 Winter Paralympic Games 2014 Winter Paralympic Games 2014 Winter Paralympic games 2014 Winter Paralympic games 2014 Winter Paralympic games 2014 Winter Paralympic games 2014 Winter Paralympic games 2014 Winter Paralympic games 2014 Winter Paralympic games 2014 Winter Paralympic games 2014 Winter Paralympic games The Article is supplemented by the Federal Law of 01.12.2007. N 310-FZ; as amended by Federal Law No. N 242-FZ Article 22 Housing rights of the owner of a dwelling, as well as the provision of accommodation under the social contract Seizures of land for state or municipal needs in connection with the organization of the Asia-Pacific Economic Cooperation summit in 2012 in the city Vladivostok is governed by the Housing Code of the Russian Federation, if contrary to the federal law "On organization of the meeting of heads of states and governments of the member states of the Asia-Pacific Economic Cooperation forum" in 2012, on the development of the city of Vladivostok as a center OF THE PRESIDENT OF THE RUSSIAN FEDERATION (Article supplemented by Federal Law of 08.05.2009) N 93-FZ) Article 23 Ensure housing rights of owners of residential premises, employers of residential premises under social contract in the removal of these premises and Other relations which arise in connection with the placement of objects and to which the provisions of the federal law on the regulation of certain legal relations in connection with accession to the constituent entity of the Russian Federation-the city of federal of the Russian Federation to the Territories and to the OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION (The article is supplemented by the Federal Law of 05.04.2013). N 43-FZ Article 24 Housing rights of owner of a dwelling, peculiarity of provision of residential accommodation under the social contract A land plot for state or municipal needs in connection with the implementation of the activities stipulated by the Federal Law " On preparation and holding of the 2018 FIFA World Cup in the Russian Federation, Confederations Cup and amendments to individual legislative acts of 2017 The Russian Federation is governed by the Housing Code of the Russian Federation, unless otherwise specified by the Federal Law. (The article is supplemented by the Federal Law of 07.06.2013). N 108-FZ Article 25 Before the law of the subject of the Russian Federation is determined by the local government of income and the cost of the subject the property of citizens and permanent residents together with them, the maximum income and the value of such property in accordance with Part 1, paragraph 1, and article 91, paragraph 2, of the Housing Code of the Russian Federation may be established by an act of a representative body of local government. The Article is supplemented by the Federal Law of July 21, 2014. N 217-FZ) President of the Russian Federation Vladimir Putin Moscow, Kremlin 29 December 2004 N 189-FZ