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On Amendments To The Federal Law "about The Fund And Public Utilities Reform Assistance" And Certain Legislative Acts Of The Russian Federation

Original Language Title: О внесении изменений в Федеральный закон "О Фонде содействия реформированию жилищно-коммунального хозяйства" и отдельные законодательные акты Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW amending the Federal Act on the Assistance Fund and separate of the Russian Federation Adopted by the State Duma on December 11, 2009 Approved by the Federation Council on 16 December 2009 (In the wording of federal laws dated 05.05.2010. N 77-FZ; of 05.05.2010 N 78-FZ; dated 29.12.2010 N 441-FZ; of 25.12.2012 N 270-FZ; 05.04.2013 N 44-FZ; of 23.07.2013 N 240-FZ; dated 28.06.2014 N 200-FZ) Article 1 The reform of the housing and communal services sector " (Legislative Assembly of the Russian Federation, 2007, N 30, sect. 3799; 2008, N 30, sect. 3597; N 49, sect. 5723; 2009, N 15, article 1780; N 29, st. 3584; N 48, sect. 5711) The following changes: 1) Article 5 to be completed with Part 1-1, as follows: " 1-1. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Federation may provide for the establishment of the property of the Fund from a property contribution of the Russian Federation, which is directed to a proportional increase in the limits of the provision of financial support from the Fund, calculated for the benefit of the Fund. of each constituent entity of the Russian Federation. "; 2) (Overtaken by Federal Law of 28 June 2014) N 200-FZ) 3) Article 15 be supplemented with Part 4-1 as follows: " 4-1. The supreme executive body of the State authority of the constituent entity of the Russian Federation is entitled to establish conditions for the inclusion of the apartment blocks referred to in paragraph 1 of part 2 of this article in the regional targeted programmes for the implementation of the capital master plan. repairs of apartment buildings based on the limits of financial support provided by the Fund established for the constituent entity of the Russian Federation in accordance with the legislation of the Russian Federation. In the preparation of the municipal address programmes referred to in paragraph 1 of Part 2 of this Article, account shall be taken of the conditions established under this part of the inclusion of multi-family houses in the regional targeted programmes for the implementation of the Convention. of the repair of apartment buildings. "; 4) in article 16: (a) Part 2 add to paragraph 5, reading: " 5) the size of the limit value per square metre of the total living space; provided to citizens under this Federal Act. However, the limit value per square metre of the total area of such accommodation shall not exceed the value per square metre of the total area of a dwelling as determined by the Federal Executive Public policy and regulatory functions in the area of construction, architecture, urban development (excluding State technical accounting and technical inventory of capital projects) housing and utilities, taking into account the average cost The construction of multi-family houses for each constituent entity of the Russian Federation. "; b) to supplement the proposals with the following content:" The accommodation provided to citizens for resettlement in accordance with this Federal by law from the emergency housing stock, may be located at their place of residence at the borders of the relevant settlement or with the consent of the written form of these citizens within the borders of another locality in the constituent entity of the Russian Federation, in the territory which is located in the previous occupied dwelling. In this case, refusals, including repeated denials, of citizens from the accommodation provided to them within the boundaries of another settlement may not be grounds for refusing to provide them with other accommodation for purposes of relocation from the emergency The housing stock within the locality where they reside or at the borders of another locality in the constituent entity of the Russian Federation, in whose territory the occupied dwelling is located. "; in power-Federal Law dated 23.07.2013 N 240-FZ g) (Spconsumed by Federal Law 23.07.2013 N 240-FZ) 5) in Article 17: a) to be supplemented with Part 1-1, as follows: " 1-1. Based on the amount of the Fund to be allocated for the major maintenance of apartment blocks, relocation of citizens from the emergency housing stock, including the federal budget law The Fund's Supervisory Board in 2010 and 2011 has the right to establish: 1) the limit for the recovery of the Fund's property in the year 2009 of the Fund, which can be provided in the current financial year In the case of the constituent entities of the Russian Federation, as well as in the local budgets, in the case provided for in article 20, paragraph 3, of this Federal Act, for the overhaul of apartment buildings, the relocation of citizens from the emergency housing stock; (2) The limit of financial support from the Fund, which can be provided to each constituent entity of the Russian Federation for major maintenance of apartment buildings, resettlement of citizens from the emergency housing stock, and is calculated as the work of the remainder of the unused limit Provision of financial support from the Fund for a given entity of the Russian Federation, defined in accordance with the legislation of the Russian Federation on 1 January of the current financial year, and the private from the division of the ceiling Funds allocated to the entities of the Russian Federation as at 1 January of the current financial year of the year. "; b) (Spraumed-Federal Law dated 25.12.2012 N 270-FZ) 7) (Spconsumed by Federal Law 25.12.2012 n 270-FZ) Article 2 Article 251, paragraph 1, of Part 2 of the Tax Code of the Russian Federation of the Russian Federation, 2000, No. 3340; 2001, N 33, Art. 3413; 2002, N 22, Text 2026; 2003, N 1, est. 2, 6; N 28, est. 2886; N 52, sect. 5030; 2004, N 27, sect. 2711; N 34, st. 3520; 2005, N 1, est. 30; N 24, est. 2312; N 52, sect. 5581; 2006, N 31, sect. 3443; N 45, sect. 4627; 2007, N 1, sect. 39; N 22, sect. 2563; N 31, st. 3991, 4013; N 49, sect. 6045, 6071; N 50, sect. 6237, 6245; 2008, N 27, sect. 3126; N 48, sect. 5519; N 49, sect. 5723; N 52, 6237; 2009, N 1, sect. 31; N 11, est. 1265; N 29, st. 3598; N 48, sect. (5731) The following changes: 1) subpara. 3-2 after the words "State Corporation" to be supplemented by ", State Company"; 2) to add 3 to 3, as follows: " 3-3) in the form of subsidies, The State Corporation, which was established by the Russian Federation under a federal law and whose authorized capital is not provided for in the federal budget, has been transferred from the federal budget to this State Corporation. Russian Federation in 2009; ". Article 3 Amend the Housing Code of the Russian Federation (Assembly of Russian Federation Law, 2005, N 1, Art. (14) The following changes: 1) in article 57, paragraph 5, of the word "line" to replace the word "borders"; 2) in article 89, paragraph 1, the word "line" should be replaced by the word "borders", with the addition of the following sentence: " In cases where In accordance with federal law, such accommodation provided with consent in writing may be located at the borders of another locality in the constituent territory of the Russian Federation, in whose territory the occupied territory is located living quarters. ". Article 4 (Spil-off-Federal Law of 05.04.2013. N 44-FZ) Article 5 Admit invalid paragraph 6 of Article 4 of the Federal Law of 1 December 2008 N The law on amendments to the federal law on the Fund for the Reform of Housing and Communal Services and selected legislative acts of the Russian Federation " (Collection of Laws of the Russian Federation, 2008, N 49, Art. 5723). Article 6 Article 6 of the Federal Law of December 30, 2008 No. 323-FZ " On the procedure for determining the minimum amount of shares Financing of the major maintenance of apartment buildings, resettlement of citizens from the emergency housing stock, including taking into account the need to stimulate the development of the housing market, with the budgets of the constituent entities of the Russian Federation and (or) local budgets in 2009 and changes in individual budgets OF THE PRESIDENT OF THE RUSSIAN FEDERATION 31; N 29, sect. 3584) The following changes: 1) in the name of the word "2009" to be replaced by the words "in 2009 and 2010"; (2) in the first paragraph of article 1, the words "from 1 January 2009 to 31 December 2009" should be replaced with the words " from 1 January 2009 to 31 December 2010, "; 3) in article 3, replace the words" 2009 "with the words" 2010 "; 4) in article 6: (a) to be supplemented with Part 1-1, as follows: " 1-1. Article 1 of this Federal Law shall be valid until 31 December 2010 inclusive. "; (b) in Part 2, replace" Articles 1 and 2 "with" Article 2 ", the word" shall "be replaced by the word" act ". Article 7 1. No later than 1 July 2010, the Supervisory Board of the Public Corporation-Fund for the Reform of Housing and Communal Services (hereinafter-the Fund) on the Fund's Board of Management decides to increase the limits of the grant Financial support from the Fund to the constituent entities of the Russian Federation, which received financial support from the Fund by 31 December 2009 for the implementation of the regional capital master plan houses, regional address programmes for the relocation of citizens from the emergency Housing stock and (or) regional address programmes for the relocation of citizens from the emergency housing stock, taking into account the need to stimulate the development of the housing market in the amount of at least ninety-five per cent of the financial limit Support from the Fund established under article 17, paragraph 1, of the Federal Act of 21 July 2007 No. 185-FZ " On the Assistance Fund Housing and Communal Services Reform " (hereinafter referred to as the Federal Law "On the Fund for the Reform of Housing and Communal Services") for the relevant subject of the Russian Federation and completed the implementation of these regional targeted programmes until 31 December 2009. 2. The increase in the financial support limits for the Fund, as specified in part 1 of this article, shall be carried out at the expense of fifty per cent of the income received by the Fund from the allocation of the Fund's temporarily free funds as at As of 1 January 2010, the amount of which exceeds the amount required for the operation of the Fund, in accordance with article 17, paragraph 1, of the Federal Law " About the Foundation The reform of the housing and utilities sector " for each constituent entity of the Russian Federation limits the provision of financial support from the Fund. 3. Until 31 December 2010, the Supervisory Board of the Fund has the right to decide on increasing the limits of financial support from the Fund to the constituent entities of the Russian Federation, in whose territories the monoprofile is located Municipal education, major maintenance of multi-apartment buildings located in such municipalities, and resettlement of citizens from the emergency housing stock located in such areas within the limits of the funds set out in the OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Government of the Russian Federation may prescribe the procedure and conditions for increasing the limits of financial support from the Fund, as well as the features of the provision of the Fund in the cases provided for in this Part. In the provision of financial support from the Fund, in accordance with this part of article 14, paragraph 2, of the Federal Act on the Fund "The reform of housing and communal services" is not applied. (In the wording of the Federal Law of 05.05.2010) N 78-FZ 4. Decision to increase the limits of financial support from the Fund in 2010 under article 17, part 4, of the Federal Law "On the Housing Reform Assistance Fund", the board of the Fund is not accepted. Article 8 1. Within 10 days from the date of the entry into force of this Federal Law, the supreme executive bodies of the constituent entities of the Russian Federation, which received financial support from the Fund for the Resettlement of Citizens from the Emergency The housing stock, taking into account the need to stimulate the development of the housing market, shall submit to the Fund a report on the conclusion of article 20-1 of the Federal Law " About the Reform Assistance Fund Public contracts, including, inter alia, the list of specified government contracts and their price. 2. Funds that make up the difference between the amount of funds provided by the Fund for the resettlement of citizens from the emergency housing stock, taking into account the need to stimulate the development of the housing market in the constituent entity of the Russian Federation and the sum of the prices of the public sector. of the Russian Federation under Part 9 of Article 20-1 of the Federal Law on the Reform Support Fund housing and utilities ", in part of the Fund's resources, provided for the payment of specified state contracts, except for the difference between the price of the contract concluded by the state contract and the price of a state contract calculated in accordance with paragraph 2 of part 9 of the article 20-1 Federal Act on the Housing Reform Support Foundation , taking into account the average market value of one square metre Total area of residential accommodation determined by federal by the executive body responsible for the formulation of public policies and regulations in the area of construction, architecture and urban development (with the exception of State technical accounting and technical cooperation) An inventory of the objects of capital construction and housing and utilities is to be transferred to the Fund by such a subject of the Russian Federation within 20 days of the date of the entry into force of this Federal Law. 3. Up to 31 December 2010, inclusive of the difference between the price of a contract concluded by the State contract and the price of a government contract calculated in accordance with article 20 (2), paragraph 2, of the federal law "About the housing reform assistance fund" , based on the average market value of one square metre of total residential space defined by the executive branch of the Public policy and regulatory functions in the area of construction, architecture, urban development (excluding State technical accounting and technical inventory of capital stock) of construction) and housing and communal services may be used by the constituent entities of the Russian Federation for the implementation of regional targeted programmes for the resettlement of citizens from the emergency housing stock under Article 16 of the Federal Law "About the Housing and Utilities Reform Foundation". In so doing, the application for financial support from the Fund and the fulfilment of the conditions for the provision of such support as provided for in article 14, paragraphs 1 to 10, of the Federal Law "About the Housing and Utilities Reform Foundation"is not required. The constituent entities of the Russian Federation are entitled to make amendments to these regional targeted programmes, which have been approved by the date of the entry into force of this Federal Act, in order to supplement the list of apartment buildings, provided that such houses are recognized in the law. The established procedure for emergency and demolition orders due to physical wear and tear during their operation until 1 January 2007. 4. Since the date of entry into force of this Federal Law, the constituent entities of the Russian Federation are not entitled to enter into State contracts for the purchase of accommodation, as provided for in article 20, paragraph 9, part 9 of the Federal Act "About the Housing Reform Assistance Foundation", except in the case of public contracts with the winners in the request of the Convention on the Law of the Sea of the law. Article 8-1 (Article added-Federal Act of 05.05.2010 N 77-FZ; lost the force-Federal Act of 29.12.2010 N 441-FZ) Article 9 1. This law shall enter into force on the date of its official publication. 2. The provisions of article 251, paragraph 1, subparagraph 3-2 of the second Tax Code of the Russian Federation (in the wording of this Federal Law) apply 1 January 2010. 3. The provisions of article 251, paragraph 1 (3), of the second Tax Code of the Russian Federation (in the wording of this Federal Law) apply 1 January 2010 to 31 December 2013 inclusive. 4. From the date of the entry into force of this Federal Law the provisions of articles 8, 10, 14, paragraph 12, article 14, paragraph 12, article 15, paragraph 5, article 17, paragraph 4, article 20-2, paragraph 3, article 20-4, paragraph 3, article 23, paragraph 3, and article 23, paragraph 1, of the Federal Act The Law of 21 July 2007 N 185-FZ "On the Fund for the Reform of Housing and Communal Services" shall be subject to the provisions of Articles 7 and 8. of this Federal Law. 5. Provisions of Part 1 of Article 89 of the Housing Code of the Russian Federation (in the wording of this Federal Act) and article 16 (3) of the Federal Act July 2007 N 185-FZ "On the Fund for the Reform of Housing and Communal Services" (in the wording of this Federal Law) applies to the legal relations relating to the relocation of citizens from the Emergency Housing Fund according to Federal law dated July 21, 2007 N 185-FZ " On the Housing Reform Promotion Foundation ", which emerged from 1 January 2009. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin 17 December 2009 N 316-FZ