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On Amendments To Certain Legislative Acts Of The Russian Federation

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW On introducing amendments to selected pieces of legislation Russian Federation adopted by the State Duma on 14 November 2007 Approved by the Federation Council on 23 November 2007 (In the wording of the Federal Law 28 June 2011 N 168-FZ Article 1 Housing and mortgage system of military personnel " (Legislative Assembly of the Russian Federation, 2004, N 34, art. 3532; 2006, N 6, sect. (636) the following changes: 1) in article 3: (a) paragraph (8) should be supplemented with the words ", participation in equity construction"; b) in paragraph 11 of the word "one management company" to be replaced by " under one contract "; 2) in article 4, paragraph 2: (a) the first paragraph should read: " 2. Payment of the funds referred to in paragraph 3 of Part 1 of this Article shall be made by the military personnel who participated in the mortgage system or to members of their families who are not employers of the residential premises under the social contract or Members of the employer's family of residential accommodation under the contract of social employment or owners of residential premises or members of the family of the owner of the dwelling, except for residential premises purchased with the use of targeted housing loans in in accordance with this Federal Law: "; b) to supplement paragraph 3 , to read: "3) to contributors to the mortgage system referred to in article 10, paragraph 4 of this Federal Law."; 3) Part 1 of Article 7, to complete paragraph 9, reading: " 9) perform other functions provided for by this Federal Act, other federal laws and other normative legal acts of the Russian Federation. "; 4) in article 9: (a) Part 1 to supplement paragraphs 5 to 8 of the following : " 5) graduates of military education Vocational training institutions in the period after 1 January 2005 until 1 January 2008, who received the first rank of officer in the course of the training, may become participants by expressing such desire; 6) persons who received the first Military rank of military officer for military service, for which the State has a military rank of officer, effective 1 January 2005, with these persons who have received the first military rank of an officer As of 1 January 2008, may become participants by expressing such desire; 7) Military personnel who have received their first military rank in connection with a military position, for which the State has a military rank, effective 1 January 2005, the total duration of the military service under whose contract Less than three years of age, the persons who received the first rank of officer before 1 January 2008 may become participants by expressing such desire; 8) soldiers who completed the training course for junior officers and The first military rank of officer since 1 January 2005, total The duration of the military service for which the contract is less than three years, the persons who received the first military officer rank before 1 January 2008 may become participants by expressing such desire. "; b) in Part 2: , after the words "duration of military service", add the words "under the contract"; to supplement paragraphs 7 to 13 with the following: " 7) for graduates of military education institutions for the period from 1 January 2005 to 1 January 2008 First military rank of officer in the course of the training-in writing an application for inclusion in the register of participants; 8) for soldiers without military rank of officer and who received the first military rank of an officer in connection with Military service contract for a military position, for which the State has an officer's rank, starting from 1 January 2008, receiving the first military rank of officer; 9) for non-military personnel Military rank of officer and first military rank of officer in connection with the Military service under contract for military position, for which the State is provided with a military rank of officer, after 1 January 2005 until 1 January 2008, in writing, for inclusion in the register of participants; 10) Military personnel who have received the first rank of officer for military position, for which the State has an officer's rank, starting from 1 January 2008, receiving the first military rank of officer; 11) Military personnel who have received the first rank of officer in connection with the appointment to the A military post for which the State is provided with an officer's rank, after 1 January 2005 until 1 January 2008, is in writing for inclusion in the registry of participants; 12) for the first Military rank of officer in connection with the completion of the training of junior officers from 1 January 2008, receiving the first rank of officer; 13) for military personnel who received the first rank of officer in connection with the completion of the training of junior officers after 1 January 2005, until 1 January 2008, Written submission for inclusion in the register of participants. "; 5) in article 10: (a), paragraph 1, state: " (1) the total duration of military service, including the concessional rate, 20 years and more; "; b) paragraph 2 (b) should read as follows: b) for health status-in connection with the recognition by the medical board of a limited fit for military service;"; c) to supplement paragraph 4 , to read: "(4) Dismissal of a soldier" Health-in connection with the recognition of its military-medical commission not fit for military service. "; 6) (Spend the force-Federal Law from 28.06.2011 N 168-FZ) 7) in article 13, paragraph 4, of the words "Article 10, paragraphs 1 and 2", replace by "article 10, paragraphs 1, 2 and 4"; 8) in article 14: (a) in Part 1: in the first word "after" in the storage-mortgage system "replace with the words" his participation in the cumulative mortgage system "; (Paragraph is no longer in force-Federal Law from 28.06.2011 N 168-FZ (Paragraph is no-valid-Federal Act of 28 June 2011). N 168-FZ b) to supplement parts 8 to 10 with the following content: " 8. The target housing loan for participation in the equity construction is provided in case of the participant of the accumulation-mortgage system of the contract of participation in equity construction, and in the case of the use of credit (loan) facilities of the treaty (loan contract). The Government of the Russian Federation is entitled to impose additional requirements on the equity construction and (or) the construction builder using the means of the target housing loan. 9. The funds of the target housing loan can be used by the participant of the savings-mortgage system to pay for expenses related to the purchase of a deal for the purchase of a dwelling (s) and (or) the processing of a loan agreement (contract Loan), including certified mortgage, including payment to the creditor relating to the issuance of a loan (loan), payment for the selection and presentation of accommodation (accommodation), the assessor, and the costs of risk insurance in accordance with the terms of the treaties or the mortgage. Payment for the services and works referred to in this article may be made at the expense of the target housing loan, provided that the services and requirements are in accordance with the requirements established by the authorized federal authority. 10. The federal authority is entitled to set standards for the provision of a mortgage (loan) to participants in the mortgage system. "; 9) in article 15, paragraph 2, of the words" Article 10, paragraphs 1 and 2 ", to read" paragraphs 1, 2 and 4 10 "; 10) in article 16: (a) in Part 1: , paragraph 4, amend to read: " 4) shares of Russian and foreign issuers; "; to supplement paragraph 4-1 as follows: "4-1) Russian depositary receipts;"; paragraph 6 the following wording: "6) investment payees of mutual funds formed in accordance with the laws of the Russian Federation;"; (b) of Part 4, paragraph 2, as follows: " 2) into assets, Paragraph 2 to Part 1, paragraphs 2 to 5, of this article shall be permitted only in the event that they are permitted to make a public address in accordance with the Federal Act of 22 April 1996 No. 39-FZ "On the securities market"; "; in Part 5 of the word "Insurance (hedging) of risks in the manner prescribed by federal laws" Replace "risk reduction (hedging) in accordance with the requirements of the Federal Executive Authority in the area of financial markets"; g), Part 7, as follows: " 7. Where there is a discrepancy in the composition of the assets of the investment portfolio, the requirements established by this Federal Law, other regulatory legal acts and the (or) investment declaration resulting from The composition of the investment portfolio should be adjusted within the time limit provided for in article 27, paragraph 10, of this Federal Act. Measures to bring the composition of assets into line with these requirements are carried out by the managing company in the manner most appropriate to the interests of the participants in the mortgage-mortgage system. "; d) Part 8 , 11) in article 17: (a) the first sentence of Part 7, delete; (b) Part 14, amend to read: " 14. The federal authority is required to give up the trust management contract in the case of: 1) the failure of the management company to comply with the requirements set out in article 20, paragraph 1, of this Federal Act, with the exception of requirements for a licence to manage investment funds, mutual funds and non-State pension funds and liability insurance claims under article 31 of the present Federal law; 2) a violation by a management company Requirements for the composition of the assets to which the savings of the housing stock can be invested, if such a breach arose as a result of the management company's actions; 3) the breach by the Managing Company of the requirements established by the Part 5 and 6 of Article 25 of this Federal Law; 4) repeated during one year of the company's breach of the order and timing of the adjustment of the total investment portfolio; 5) repeated during the course of one year for violations by more than 10 working days of the deadline for the submission of a By company of reports and other information to the authorized federal or federal executive authority in the area of financial markets; 6) repeated in a year of violation by the managing company of the timing of the transfer a specialized depository of copies of the primary documents relating to the property that constitutes the accumulation of housing; 7) the non-performance of the Managing Company within 10 working days of investment-related transactions for housing, on the basis of article 7, paragraph 7 31 of this Federal Law. "; in Part 16, amend to read: " 16. Upon termination of the trust management contract, the assets held in trust under the respective contract shall be transferred to trust management in the order and time specified by the Government of the Russian Federation. "; (d) Part 17 should read: " 17. The number of managers with which the authorized federal authority has concluded contracts of trust should be at least two for each investment mandate. If the number of management companies under one investment mandate is less than two, the investment mandate is subject to the competition under this Federal Law. "; 12) in paragraph 9 of article 20, paragraph 9, of the words" "as a rule, at the price not lower", the words "at the price no higher" should be replaced by "as a rule, at the price not higher"; 13) the first part of article 24, paragraph 7, should read: " 7. The application for participation in the competition must comply with the requirements set by the Federal Law of July 21, 2005 No. 94 "On placing orders for the supply of goods, carrying out works, rendering services for state and municipal needs". At the same time, the bidders are required to submit to the competent federal authority the following information and documents: "; 14) of article 25, paragraph 7, of article 25 to be repealed; 15) in article 27: a) in Part 1: in paragraph 1, replace "5 percent" with "10 percent"; (Paragraph is no longer in force-Federal Law from 28.06.2011 N 168-FZ (Paragraph is no-valid-Federal Act of 28 June 2011). N 168-FZ (Paragraph is no-valid-Federal Act of 28 June 2011). N 168-FZ b) (Sprag-Federal Law of 28 June 2011) N 168-FZ in) Part 5, amend to read: " 5. The maximum share of the total investment portfolio of foreign issuers and Russian depositary receipts should not exceed 30 per cent. "; ) Part 9 should read: " 9. The monitoring of compliance with the requirements for the composition and composition of investment portfolios and the total investment portfolio is carried out by the specialized depository. "; d) in Part 10, the word" intentional " delete; e) in part 11 the word "intentional" delete; g) to be supplemented with Part 12, to read: " 12. The procedure for adjusting the total investment portfolio is established by the Government of the Russian Federation. "; 16) in article 28: (a) Part 2 should read: " 2. The amount of remuneration of the management companies or the order in which it is determined, the amount of the payment of the services of the specialized depository, the services it provides to the authorized federal authority and the managing companies, and the manner and duration of the assessment and retention period The remuneration and remuneration of the services of a specialized depositary shall be determined by the contract of trusty management, the contract for the provision of services of a specialized depositary to the authorized Federal authority and the treaty on the services provided to the specialized depository companies. "; b) Part 3: " 3. Remuneration of the management company under one trust management contract shall not exceed the value of 0.5 per cent of the basic stock of savings for housing (hereafter referred to as the base pay) and 20 per cent A positive financial result from the investment of savings for housing received during the reporting year. At the same time, the base amount of the savings for housing is determined by: 1) the value of the net assets of the investment portfolio, calculated at the beginning of the reporting year, or, if the trust management contract is entered into The current year, at the date of the said contract; 2) the sum of the housing savings transferred by the authorized federal body to the investment portfolio in the current year, minus the amount of savings for housing in the current year from the investment portfolio to the authorized federal authority or named person. "; in) to be completed with Part 3-1 as follows: " 3-1. If, at the end of the reporting year, the financial result of the investment of savings for housing was negative, the base part of the remuneration received by the managing company during the reporting year would be repaid in An investment portfolio in the amount of this financial result, but not more than 50 per cent of the base compensation received. "; g), part 4, should be supplemented with the words" increased to the actual costs incurred by the specialized depositary in connection with the recognition of the rights of the securities in which they are invested accumulation for housing, on the accounts of the nominal holder "; d) (Uexpo-Federal Law 28 June 2011 N 168-FZ) 17) Article 30 shall be declared invalid. Article 2 Amend Part Two of the Tax Code of the Russian Federation (Collection of legislation of the Russian Federation, 2000, N 32, sect. 3340; 2001, N 1, article 18; N 23, est. 2289; N 33, st. 3413; 2002, N 22, Text 2026; N 30, sect. 3021; 2003, N 1, est. 2, 6; N 21, est. 1958; N 28 2886; N 52, sect. 5030; 2004, N 27, sect. 2711, 2715; N 34, est. 3518, 3520; 2005, N 1, st. 30, 38; N 24, 100. 2312; N 27, sect. 2710, 2717; N 30, est. 3104; N 52, sect. 5581; 2006, N 31, sect. 3443, 3452; N 45, est. 4627; N 50, st. 5279, 5286; 2007, N 1, st. 20, 39; N 13, est. 1465; N 22, est. 2563; N 31, st. 3991, 4013; Russian newspaper, 2007, 3 November), as follows: 1), to supplement paragraph 37 with the following: " 37) in the form of income from investments used for the acquisition (construction) of housing The premises of the participants in the housing and mortgage system under the Federal Act of August 20, 2004, No. 117-FZ "On the Mortgage and Mortgage System for Soldiers ' Housing."; 2) Article 251, part 1, should be supplemented with paragraph 35, to read: "35) in the form of income from investment of savings for housing of soldiers intended for distribution by name accumulative accounts of participants in the housing and mortgage system of military personnel." Article 3 Article 10102-FZ On Mortgage (Real Estate Bail) of the Russian Federation, 1998, 3400; 2002, N 7, est. 629; N 52, sect. 5135; 2004, N 45, sect. 4377; 2005, N 1, st. 40, 42; 2006, N 52, sect. 5498) the following changes: 1) Article 5, paragraph 5, complete with the following paragraph: " Real estate mortgage rules apply also to a guarantee of the rights of a participant in the equity construction derived from A contract of participation in equity construction that meets the requirements of the Federal Law "On participation in the share building of apartment buildings and other real estate objects and amendments to some legislative acts of the Russian Federation"; (2) Article 20 is supplemented by paragraph 2-1 as follows: " 2-1. State Registration of Mortgage Loans by Law for ResidRooms, Accumulation with the Use of Savings for Military Housing under the Federal Act of 20 August 2004 N 117-FZ " On (hereinafter referred to as the Federal Law on the Housing and Mortgage System of the Armed Forces of the Armed Forces of the Russian Federation), it is carried out as the mortgagee of the federal authority for the enforcement of the mortgage system ";"; 3), to supplement paragraph 4 with the following: " 4. Accommodation (accommodation) purchased or constructed in whole or partially with the use of savings for the accommodation of troops provided under the contract of the target housing loan in accordance with the Federal Law " On "The mortgage-mortgage system of servicemen" is considered to be on bail since the state registration of ownership of a dwelling house or apartment. In the case of the use of credit (loan) funds of a bank or other organization, it is deemed to be on bail (mortgage) from the relevant creditor and the Russian Federation, in the person of the federal executive branch Maintenance of the housing mortgage system of soldiers providing a targeted housing loan for the purchase or construction of a dwelling (accommodation). In this case, the mortgage for the purpose of the Russian Federation's licence on the secured mortgage is not issued. In the case of the accommodation of a dwelling (s) at the same time as the creditor and the Russian Federation, the claim of the Russian Federation shall be satisfied after satisfying the requirements of the creditor. " Article 4 Article 15, paragraph 15, of Federal Act No. 76-FZ of 27 May 1998 on the status of military personnel (Legislative Assembly Russian Federation, 1998, 2331; 2002, No. 19, sect. 1794; 2003, N 46, sect. 4437; 2004, N 30, sect. 3089; N 35, sect. 3607; 2006, N 19, st. 2062, 2067; N 29, sect. 3122), amend to read: " 15. Members of the armed forces who are members of the housing and mortgage savings system (hereinafter also the participants in the mortgage system) allocate funds for the purchase of residential premises in the order and OF THE PRESIDENT OF THE RUSSIAN FEDERATION The participants of the savings-mortgage system include the following military personnel: Persons who graduated from the military educational institutions of vocational education and who received the first military rank of an officer from 1 January 2005. At the same time, these persons who entered into the first contract of military service until January 2005 could become contributors to the mortgage system by expressing such desire; officers who are assigned to military service from stock or On a voluntary basis, military service from stock and the first contract for military service, effective 1 January 2005; , the total duration of military service under contract will be three years from 1 January 2005. In doing so, the persons who entered into the first contract of military service before 1 January 2005 could become contributors to the mortgage system by expressing such desire; sergeants and forgators, soldiers and sailors who concluded The second military service contract was not previously signed before January 1, 2005, who expressed a desire to become contributors to the [ [ mortgage system]]; the graduates of military education institutions of vocational education in the period after 1 January 2005 until 1 January 2008 An officer in the course of the training may become members of the [ [ mortgage system]] by expressing such desire; persons who have received the first military rank of an officer in connection with entry into military service under a military service contract, The State has a military rank of officer beginning on 1 January 2005. At the same time, these persons, who received their first military rank before 1 January 2008, may become contributors to the [ [ mortgage system]], expressing such desire; soldiers who received the first rank of officer in connection with The appointment of a military position, which provides for the military rank of an officer, effective 1 January 2005, the total duration of the military service for a contract of less than three years. At the same time, these persons, who received their first military rank before 1 January 2008, may become contributors to the savings-mortgage system by expressing such desire; soldiers who completed the training of junior officers and The first military rank of officer since 1 January 2005, the total duration of the military service for which the contract is less than three years, commenced on 1 January 2005. At the same time, these persons, who received the first military rank of an officer before 1 January 2008, can become contributors to the savings-mortgage system by expressing such a desire. Article 23, paragraph 1, paragraphs 13 and 14 of this article, as well as paragraphs 2 and 3 of article 23, paragraph 1, of this Federal Act are not subject to the above mentioned military personnel and their families. " Article 5 Amend the Grain Code of the Russian Federation (Assembly of Laws of the Russian Federation, 2005, N 1, sect. 16; 2006, N 1, est. 10, 21; N 52, sect. 5498; 2007, N 31, st. 4012) the following changes: 1) in Part 1 of Article 48-1: a) to supplement paragraph 10-1 as follows: "10-1) Thermal Power plants with a capacity of 150 megawatts and higher;"; b) in paragraph 11: in Replace the word "objects" with "substances", the word "objects"); "replace" with "," with the words "Not applicable to particularly dangerous and technically complex objects, where gas distribution systems are used," Natural gas is transported under pressure up to 1.2 megapascals or liquefied petroleum gas under pressure up to and including 1.6 megafascals; "; sub-item" b " to be declared void; 2) in article 49, paragraph 2: (a), paragraph 4, with the exception of objects which, according to Article 48-1 of this Code are particularly dangerous, technically complex or unique objects "; b) in paragraph 5 of the word" facilities, shall require the establishment of sanitary-protective zones " to be replaced by the words " facilities, protection zones or the establishment of such zones, for exclude objects which, according to article 48-1 of this Code, are particularly dangerous, technically complex or unique objects. " Article 6 Article 3 of the Federal Law dated December 29, 2004 N 191-FZ" On the introduction of the Town Planning Code of the Russian Federation " (Collection of Laws of the Russian Federation, 2005, N 1, p. 17; N 30, est. 3122) the following changes: 1) Part 1 should be redrafted to read: " 1. Article 9, part 4, article 45, part 6, article 51, part 3, of the Shipbuilding Code of the Russian Federation shall be introduced on 1 January 2010. "; 2), part 4, shall be declared invalid. Article 7 Paragraph 16 of Article 1 of the Federal Law of December 18, 2006 N 232-FZ " On introducing changes to The Town Planning Code of the Russian Federation and certain legislative acts of the Russian Federation " (Assembly of Russian legislation, 2006, N 52, art. 5498) to be void. Article 8 1. This Federal Act shall enter into force on 1 January 2008, with the exception of articles 2 and 6 of this Federal Act. 2. Article 2 of this Federal Law shall enter into force on 1 January 2008, but not earlier than one month from the date of its official publication. 3. Article 6 of this Law shall enter into force on the date of its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin 4 December 2007 N 324-FZ