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Amending Articles 2 And 3 Of The Federal Act On The Entry Into Force Of The Land Code Of The Russian Federation And Certain Legislative Acts Of The Russian Federation

Original Language Title: О внесении изменений в статьи 2 и 3 Федерального закона "О введении в действие Земельного кодекса Российской Федерации" и отдельные законодательные акты Российской Федерации

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Federal Law On Amendments to Articles 2 and 3 of the Federal Law "On Introduction of the Land Code of the Russian Federation" and OF THE PRESIDENT OF THE RUSSIAN FEDERATION On 22 November 2011 Article 1 Article 1 Article 1 Article 1 Amend the federal law dated October 25, 2001, N 137-FZ OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4148; 2003, N 28, sect. 2875; N 50, sect. 4846; 2004, N 41, sect. 3993; 2005, N 1, article 17; N 25, est. 2425; 2006, N 1, article 3, 17; N 17, est. 1782; N 27, est. 2881; N 52, sect. 5498; 2007, N 7, st. 834; N 31, est. 4009; N 43, sect. 5084; N 46, st. 5553; N 48, st. 5812; 2008, N 30, sect. 3597; 2009, N 19, sect. 2281; N 29, st. 3582; N 52, sect. 6418, 6427; 2011, N 1, st. 47; N 13, est. 1688; N 30, est. 4562) The following changes: 1) in article 2: a) in the first paragraph of paragraph 1, the word "January" should be replaced by "July"; b) in the first paragraph of paragraph 2, the word "January" should be replaced by the word "July"; 2) in article 3: (a) In the first paragraph of paragraph 2, the words "January 2012" should be replaced by the words "July 2012"; (b) in the second and third paragraphs 2 to 2 of the word "January" to be replaced by the word "July"; in) to supplement paragraph 21 with the following: " 21. The owner of the construction-in-progress facility, which is registered before 1 January 2012, has the right to acquire a land that is in State or municipal ownership and is located The specified object, in the lease without bidding in the manner established for the registration of land ownership by the owners of buildings, constructions. "; g), should be added to paragraph 22, reading: " 22. A prisoner until 1 January 2011 for the purposes of construction, reconstruction of the real estate property contract of land located in state or municipal property and located within the boundaries of the constituent entity of the Russian Federation Federation-cities of federal significance of Moscow or St. Petersburg may be terminated ahead of schedule by the appropriate authority of the state power or local government in the case of those mentioned in this paragraph a substantial violation of the terms of the lease of such a land and/or of a significant change in the circumstances in which the parties to the treaty relied on its conclusion. The lease of such a land plot shall be considered terminated at the end of one month from the date of the notification of avoidance by the public authority or the local government authority. Before the expiry of the specified period of time, the party to the contract may submit written objections to the authority of the State or local authorities on the issue of avoidance of the contract. In case of receipt by the public authority or the local government body of the said objections before the expiry of the specified period of time, the contract shall be deemed to be terminated from the date of the submission by the public authority or the local authority. Self-Government of the notification of confirmation of the earlier decision on the termination of the contract. A significant breach of the terms of the treaty, which allows its unilateral termination by a public authority or a local government, is: Construction, reconstruction of an immovable property within the period stipulated by this contract, or in the absence of such time in the contract in the period for which the construction permit has been granted, the reconstruction of this facility, if construction readiness on the last day of immovable property The duration of the project is less than 40 per cent of its total construction, reconstruction, provided for in accordance with the procedure established in the legislation of the Russian Federation with project documents; absence after five years years from the date of the conclusion of this contract of construction permits, the reconstruction of the immovable property, the construction of which is provided for by the contract, in the event that the contract does not provide for the period of completion of construction, reconstruction of this object. A significant change in the circumstances on which the parties to the agreement relied upon the conclusion of a lease on a land subject to its unilateral termination by a public authority, or The local self-government unit is the dissolution of a treaty concluded with the authority of the State or local government, the State or municipal institution or the unitary enterprise, which provides for construction, reconstruction of a real estate object on such a Land leased under the contract. In this case, the lease of a land plot shall be deemed to be terminated on the date of termination of the contract, except in the case where the continuation of the lease of the land is provided for in the agreement on the termination of the said alien of the treaty. The cancellation of a lease agreement for a plot of land due to other material breaches of the terms of the contract and (or) a significant change in the circumstances of the agreement in which the parties to the treaty were concluded shall be implemented under civil law and land law. ". Article 2 Federal Act of 21 July 1997 N 122-FZ On State registration of rights to immovable property (Russian Federation Law Assembly, 1997, 3594; 2001, N 11, sect. 997; 2003, N 24, sect. 2244; 2004, N 30, 3081; N 27, sect. 2711; N 35, sect. 3607; N 45, sect. 4377; 2005, N 1, st. 15, 22, 25, 40; N 50, st. 5244; 2006, N 1, est. 17; N 17, est. 1782; N 23, st. 2380; N 27, sect. 2881; N 30, est. 3287; N 52, sect. 5498; 2007, N 41, sect. 4845; N 43, sect. 5084; N 48, st. 5812; 2008, N 20, sect. 2251; N 30, sect. 3597; N 52, sect. 6219; 2009, N 1, sect. 14; N 29, est. 3611; N 52, sect. 6410; 2010, N 15, sect. 1756; N 25, est. 3070; 2011, N 1, st. 47; N 27, sect. 3880; N 30, est. 4594) to be supplemented by article 24-2 as follows: " Article 24-2. Features of state registration of the ownership right to individual objects of the immovable property State registration of ownership of immovable property created by contract, a prisoner with a public authority, a local government authority, a State or municipal institution or a unitary enterprise prior to 1 January 2011, providing for the construction, reconstruction of the land, in State or municipal ownership Real estate with extra-budgetary sources of funding and the subsequent allocation of the area of the respective immovable property between the parties to the contract shall be carried out after completion of construction, reconstruction of this immovable property, subject to the existence of a document confirming the performance of the contract by the parties, and in accordance with the allocation of the area of the immovable property concerned in this document. ". Article 3 Article 15 of the Federal Law of 27 May 1998 No. 76-FZ entitled "Status of military personnel" (Assembly of Russian Federation, 1998, N 22, Art. 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; 2007, N 50, est. 6237; 2008, N 30, sect. 3616; N 49, sect. 5723; 2010, N 50, sect. 6600) add the following: " 16. Members of the armed forces who have been dismissed from military service after 1 January 2005, who have been recognized as being in need of improved living conditions, may acquire or acquire a dwelling if they so wish. An area exceeding the standard of accommodation provided by article 15-1 of this Federal Law, by: a lump sum payment to military personnel from the federal budget The acquisition of a dwelling whose total area corresponds to The established standard for the provision of living space; own funds of military personnel-citizens to pay for an additional total area of accommodation in excess of the established standard of living space. The amount of the lump sum payable to military personnel from the federal budget for the acquisition of a dwelling, the total area of which corresponds to the established standard of accommodation of the living space, the order of payment The Government of the Russian Federation determines the additional total area of a dwelling exceeding the established standard of living accommodation. ". Article 4 Article 4 href=" ?docbody= &prevDoc= 102152752&backlink=1 & &nd=102058332 "," target="contents"> N 39-FZ "On investment activities in the Russian Federation in the form of capital investments" Federation, 1999, N 9, sect. 1096; 2011, N 30, sect. 4596) The following changes: 1) Article 3 should be added to paragraph 3 as follows: " 3. Investment activity subject to the construction of extrabudgetary sources of financing on land in the state or municipal property, under a contract concluded with the authority The State authority, the local government authority, the State or municipal institution or the unitary enterprise until 1 January 2011, providing for the allocation of the area of the corresponding investment activity by the parties to the treaty, is recognized as a share property under article 24-2 of the Federal Act of 21 July 1997 "On State Registration of Rights to Immovable Property and Transactions". in the light of the distribution of the share provided for by the treaty. State registration of ownership of these unfinished business objects is not required. "; 2) Article 18: a) to supplement paragraph 3 with the following: " 3. A treaty concluded before 1 January 2011 with the authority of the State, the local government, the State or municipal institution or the unitary enterprise, providing for the construction, reconstruction of the land, located in the state or municipal property located within the borders of the constituent entity of the Russian Federation, a city of the federal importance of Moscow or St. Petersburg, and the object of immovable property with the attraction of extrabudgetary sources financing and the subsequent allocation of the area The object of immovable property between the parties to the contract may be terminated premats unilaterally by a public authority or local government, state or municipal institution or unitary authority In the case of a fundamental breach of the terms of this treaty and (or) material alteration of the circumstances in which the parties to the treaty were based on the conclusion of the contract referred to in this article. This treaty is deemed to be terminated within one month from the date of the notification by the State or local government body, the State or municipal institution or the unitary enterprise avoidance of the contract. Before the expiry of the specified period of time, the party to the contract may submit written objections to the authority of the State or local authorities on the matter of the termination of the contract. In case of receipt by a public authority or local government body of these objections before the expiry of the specified period, the contract shall be deemed to be terminated from the date of the submission by the public authority or the local authority. Self-Government of the notification of confirmation of the earlier decision on the termination of the contract. A significant breach of the terms of the treaty, which allows its unilateral termination by the relevant public authority or local government, state or municipal authority The institution or the unitary enterprise is: default on construction, reconstruction of the real estate property within the period stipulated by the contract or lease agreement of the corresponding land plot, or in the absence of such a period in the treaties in time for which permits for construction, reconstruction of this facility, if the construction readiness of the immovable property on the last day of such construction is less than 40 per cent of its total construction, reconstruction, In accordance with the procedure established by the law of the Russian Federation in accordance with the procedure established by the legislation of the Russian Federation; of immovable property in the case where no provision is made in this contract The deadline for the completion of construction, the reconstruction of this facility. A significant change in the circumstances in which the parties to the treaty relied on the conclusion of a treaty by which its unilateral termination by a public authority or by a local government body is permitted, State or municipal institution or unitary enterprise is the impossibility of fulfilling the obligations of construction, reconstruction of real estate objects due to impossibility of granting land Section of the Act of the Russian Federation The Federation, as well as the existence of an encumbering of a land or an immovable property located on it, is subject to the rights of third parties to the construction and reconstruction of the immovable property. A reversal of the contract in connection with other material violations of its terms and/or significant changes in the circumstances on which the parties to the treaty relied upon its conclusion shall be exercised in accordance with the in legislation. "; b) to supplement paragraph 4 with the following: " 4. With regard to obligations arising from a treaty concluded before 1 January 2011 with a public authority, a local government, a State or a municipal institution or a unitary enterprise, providing for Construction, reconstruction of a land in state or municipal property located within the borders of the constituent entity of the Russian Federation, the city of federal significance of Moscow or St. Petersburg, the object of real estate extrabudgetary resources and beyond The distribution of the area of the respective immovable property between the parties to the contract, including upon its dissolution, is not allowed to recover damages, including loss of profit, by the parties to the contract. Upon its dissolution by a public authority, a local government authority, a state or municipal institution or a unitary enterprise unilaterally, the other parties to the treaty shall be compensated for the documentary "Confirable direct costs of performance against it, which are charged interest in the order established by article 395 of the Civil Code of the Russian Federation.". Article 5 Article 22, paragraph 9 Article 6 Article 6 href=" ?docbody= &prevDoc= 102152752&backlink=1 & &nd=102110393 "target="contents"> N 201-FZ" On the introduction of the Forestry Code of the Russian Federation " (Collection of Laws of the Russian Federation, 2006, N 50, p. 5279; 2007, No. 31, sect. 4014; 2009, N 52, sect. 6441) the following changes: 1) in article 4, paragraph 1, of the word "January 2012", replace by "January 2015", with the words "except in the case of forest land for the use of recreational activities". "; 2) in part 2 of Article 4-2 of the word" January 2012 "should be replaced by" January 2015 "; 3) in Article 4-4, the words" January 2012 "should be replaced by the words" January 2015 ". Article 7 1. This Federal Act shall enter into force on the date of its official publication, with the exception of article 1, paragraph 2, subparagraph 2, paragraph 1, and article 4, paragraph 2 (a), of this Federal Act. 2. Paragraph 1 and article 4, paragraph 2 (a), of this Federal Act shall enter into force on 1 February 2012. 3. Subparagraph 2 (g) of article 1, paragraph 2, of this Federal Act shall enter into force on 1 April 2012. 4. The provisions of article 24-2 of the Federal Law of 21 July 1997 No. 122-FZ "On State registration of real property rights and transactions" (in (a) Article 18, paragraph 3, and article 18, paragraphs 3 and 4, of the Federal Act of 25 February 1999. OF THE PRESIDENT OF THE RUSSIAN FEDERATION In the wording of article 22, paragraph 9, of the Russian Federation's Land Code (as amended) Federal Law), article 3, paragraph 22, of the Federal Law of 25 November 2001, No. 137-FZ " On the introduction of the Land Code of the Russian Federation of the Russian Federation " (as amended by the present Federal Law) shall apply to treaties concluded before the date of the entry into force of this Federal Law and the obligations of the parties on which this Federal Law has not been fulfilled. 5. The provisions of article 24-2 of the Federal Law of 21 July 1997 No. 122-FZ "On State registration of real property rights and transactions" (in The wording of this Federal Law applies to treaties concluded before the date of the entry into force of this Federal Law and the obligations of the parties under which this Federal Law has entered into force, but at the time of the entry into force of this Act. of this right of ownership of the instruments established in the context of the implementation of the immovable property objects are not registered. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin 12 December 2011 N 427-FZ