RUSSIAN FEDERATION FEDERAL LAW amending certain pieces of legislation of the Russian Federation to improve the order of property Adopted by the State Duma on 22 November 2011 Approved by the Federation Council on 29 November 2011 (In the wording of federal laws dated 21.12.2013 N 367-FZ of 22.12.2014 N 447-FZ; dated 29.12.2015 N 391-FZ Article 1 (Spconsumed by Federal Law of 21 December 2013) N 367-FZ) Article 2 Amend the Basics of the Russian Federation's Notaries Law of 11 February 1993 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 357; Legislative Assembly of the Russian Federation, 2003, N 50, sect. 4855; 2006, N 27, sect. 2881; 2007, N 1, est. 21; N 27, est. 3213; 2008, N 52, sect. 6236; 2009, N 1, sect. 14, 20; N 29, 100. 3642; 2010, N 28, est. 3554) the following changes: 1) the fifth paragraph of article 15, paragraph 5, should read: "to represent, in accordance with the Federal Act of 21 July 1997, N 122-FZ" On State registration of rights in immovable property and transactions ", application for State registration of rights to immovable property and transactions with it and other documents necessary for such State registration to the body conducting state registration rights to immovable property and transactions with it, in the case of a notary of the relevant transaction or other appropriate notarial act, the application for the payment of a mortgage registration record in the Single State Register of Rights to immovable property and transactions with it on a notary certification A mortgage contract, a contract that has been secured by a pledge, a notarized bond contract containing the condition that the foreclosed claim may be made out of court; Performance by the mortgagee of the secured obligation and signed and in the event that the rights of the holder are certified by a mortgage, a mortgage containing a holder's mark on the performance of the secured mortgage, and also to obtain a certificate of public service Registration of rights and (or) other documents for transmission to the persons for whom such public registration has been made. "; 2) in article 18: (a) in part six: , in paragraph 1, the figure" 1 500 000 " shall be replaced by for "2,000,000"; , in paragraph 2, replace the figure "1,000,000" with "1,500,000"; b) to supplement the new seventh content of the following: "The notary who deals with private practice and the certifying contracts of mortgages is under the obligation to conclude a contract of civil liability in the amount of not less than 5,000,000 roubles."; in the seventh and eighth parts of the eighth and ninth parts respectively; g) Part 9 is considered to be part of the tenth, and in it the words "has the right to" be replaced by the word "concludes"; d) part of the tenth eleventh and to recognize its lapse; (e) the eleventh part and the twelfth to read, respectively, parts of the twelfth and thirteenth; (3) Article 41, to be supplemented by Part 7, as follows: " Where the court has issued against the foreclosed property of interim measures of protection, by procedural law, the commission of notarial actions should be deferred until the court has cancelled the relevant interim measures. "; 4) to supplement article 86-1 as follows: " Article 86-1. Transfer or submission of applications to a body state registration of rights to immovable property property and transactions with it In the case of a mortgage due to the law, the parties are entitled to apply to the notary who certified such contracts for the submission of a notary's application for the registration of such treaties and other documents provided for by the federal authorities. by laws and other regulatory instruments to the implementing body State registration of real property rights and transactions. After the state registration of the right to immovable property, the notary shall hand over the registered contract to the parties or, if, in accordance with federal law, the registration of the contract is not effected, another document, The registration of the right. Notary or notary provides the application to redeem the mortgage registration record in the Unified Register of Real Property Rights and Transactions, by a notarized mortgage contract in the case of: 1) of the joint application of the testator and the holder; 2) the application of the holder; 3) the application of the requesting holder and the submission of the following documents: notarized certificate, which secured by a bond, a notarized bond contract, which contain the condition that the foreclosed property may be referred to the foreclosed property (the notarized contract, the obligations of which are secured by the deposit, or the notarized bond contract and the notary public) Certified contract for non-judicial settlement); proof of performance by the mortgagee signed by the mortgagee and is mandatory Information on the amounts and dates of receipt of performance Obligations of the debtor under the relevant contract; mortgage containing the holder's stamp on the performance of the secured mortgage on the obligation in full, in the event that the rights of the mortgagee are certified by the consignment note. In the case of a request of the mortgage holder with a claim to pay a mortgage registration record in the Single State Register of Rights of Real Property and Transactions, in accordance with paragraph 3 of Part Three of this article sends the notification to the holder in the manner established by Federal Act No. 102-FZ "On mortgage (real estate mortgage)" or by the Russian Federation Act of 29 May 1992 No. 2872-I on bail mortgage contract or in a contract giving rise to a mortgage If the right of the holder is certified by the consignment note, the person who is the lawful holder of the mortgage shall be entitled to the law. In case of failure to submit objections after fourteen days from the date of receipt of the notification referred to in Part Four of this article, the notary shall apply for the payment of the mortgage registration record In the Single State Register of Rights to Real Property and Transactions with it. "; 5), article 90 should read as follows: " Article 90. The list of documents for which the collection of debt is collectable is an indisputable List of documents in which collection of debts is made in an indisputable manner on the basis of executive inscriptions, shall be laid down by the Government of the Russian Federation, unless otherwise provided in the present Basics for the execution of executive inscriptions on certain types of obligations. "; 6), article 91 should be amended to read: " Article 91. The terms and conditions of the executive label Executive sign is committed if: 1) the documents submitted confirm the indisputable demand of the debtor; 2) from the day when the obligation is due It has been carried out for a period of not more than two years. Specific obligations for individual types of obligations are set by the present Basics. "; 7) to add the following content to Chapter XVI-1: Chapter XVI-1. { \b } { \b } { \b collateral } { \b } { \b Documents required to commit collateral label, mortgage, contract from which the obligation secured by the bond law In cases where such collection is permitted under Russian law, the arrears and the application of foreclosed property shall be made on the basis of the following documents: 1) the contract for which the pledge is secured; 2) a notarized certification contract or a notarized contract, entailing the creation of a mortgage on the basis of the law, which contains the condition that the foreclosed property may be referred to out of court. (a notarized certificate, the obligations of which are secured by a deposit, or a notarized pledge and notarized agreement on the application of non-judicial foreclosed property), and (or) if the mortgagee's rights under the secured mortgage The mortgage liability, mortgage, and 3) the calculation of the debtor's arrears, signed by the mortgagee, and containing also information on the amounts and dates of receipt of performance Obligations of the debtor under the relevant contract; 4) statement by the holder to establish the assessment of the subject matter of the pledge specified in the bond contract as the initial selling price (sales price) or in the federal The Act of the United Kingdom of the United Kingdom of class="ed"> (expuned-Federal Law dated 29.12.2015 N 391-FZ) The documents submitted are returned to the holder. Calculation of the arrears, the extract from the Unified State Register of Rights of Immovable Property and the transactions with it, the Unified State Register of Rights for Aircraft, the Register of the Courts of the Russian Federation or the Ship's Book, the report on the assessment of the Property (declaration of the mortgage holder as the initial sales price (sale price) of the value of the bond specified in the pledge contract), and notarized copies of the other notaries The documents submitted are to be stored in the proceedings of the notary office. In the event that the secured mortgage holder's rights are certified by the mortgage, the mortgagee shall submit to the notary a notarized mortgage contract containing the condition that the mortgage may be accessed Extrajudicial penalties, or a notarized contract, entailing the creation of a mortgage on the basis of the law, which provides for the possibility of extrajudicial enforcement of foreclosed property. In the event that the holder has no such contracts, the notary solicits a copy of the relevant treaty from the authority exercising state registration of rights to immovable property and transactions with it. When collection of debt and recovery of the foreclosed property on the notary's executive inscription in cases where the rights of the holder are certified by the mortgage, the notary shall establish the mortgagee (s) in the case Procedure established by the Civil Code of the Russian Federation and Federal Act No. 102-FZ of 16 July 1998 on "Mortgage (real estate mortgage)". Article 94-2. Proposal to perform the secured bond obligation When performing an executive notice on a bond contract or mortgage or on a contract giving rise to a mortgage due to the law, the notary should to perform a notarial act, namely, to offer the debtor or the debtor on the obligation secured by the bond, in the event that the applicant is not the debtor, to perform the secured obligation by giving notice to the address, as specified in the pledge treaty or in the contract to which the obligation is secured (a) The need for specification of timetables for the implementation of recommendations; Proposal to fulfill the obligation must contain information: 1) on the obligation secured by bail; 2) on the pledge contract (if the bond is based on the bond contract); 3) on the foreclosed property to be met; 4) on how to implement the foreclosed property provided by the agreement of the parties or by federal law; 5) the first sale price of the foreclosory property except for the sale of securities in the organized market of securities; 6) on the notarial execution of an executive sign on a bond contract or a mortgage on the failure of a notary to confirm the performance of its obligations. The performance of the secured obligation should also include a requirement for the performance of the secured obligation and a notice of the performance of the notary, and a warning of the application of the recovery In the event of failure to perform the said obligation and to pay the requisitor or a notary, in the performance of the secured obligation in the deposit of the notary. A copy of the calculation of the debtor's debt provided for in paragraph 3 of part one of article 94-1 of these Osnes is attached to the proposal to execute the secured obligation. The direction of notifications and other documents shall be carried out in accordance with the procedure established by the law of the Russian Federation on bail for notification to the obligor, to the debtor on the obligation secured by bail. The notification form provided for in Part One of this article shall be established by the Ministry of Justice of the Russian Federation. After the execution of the executive sign, the applicant shall be sent a notarized copy of the document in which it is committed. Article 94-3. The conditions for the execution of the Notary's notice on the pledge contract The notary commits an executive inscription on the bond contract if the applicant is considered to be a holder within fourteen days of the date on which the mortgage is deemed to have been made. which received a secured obligation, did not submit: 1) proof of performance of the secured obligation, absence of grounds for seeking Contingent-owned equipment or the existence of grounds on which the recovery is not is admissible; (2) evidence confirming the court's acceptance by the arbitral tribunal of interim measures of protection against the mortgable property. If the documents submitted by the applicant confirm the performance of only a portion of the secured obligation, the notary commits an executive notice on the unfulfilled part of the secured obligation, with the exception of where there are grounds for refusing to sign an executive inscription. In the event that the court lifts the interim measure, the application of the notary shall send the applicant the offer to perform the secured obligation in the manner prescribed by articles 94 to 2 of these Osnes. If necessary, the applicant shall submit to the notary the refined debt calculation, as determined by paragraph 3 of part one of article 94-1 of these Osnes. The notarial actions referred to in this article may be challenged by the persons concerned. The notary does not suspend the application of foreclosing and its implementation. Article 94-4. Refusal to enforce the foreclosed property property Notary refuses to recover the foreclosed property in the case of: 1) the submission of proof of performance of the secured bond Obligation, absence of reasons for foreclosed property or grounds on which recovery is not allowed; 2) to provide proof of performance of the secured bond by a court or tribunal of interim measures of protection of the property. Notary refuses to recover the foreclosed property if, in accordance with the Civil Code of the Russian Federation, Federal Act No. 102 of 16 July 1998 "On mortgage (real estate mortgage)", by law The Russian Federation, dated 29 May 1992, No. 2872-I "On bail", there is no basis for seeking or recovering from the foreclosed property. ". Article 3 Amend Part One 1) in article 339: (a) in paragraph 2: to add a new paragraph to the second reading: " Parties can make provision for the order of implementation in the agreement on bail the decision of the court of foreclosed property and (or) the possibility of foreclosing on the foreclosed property. "; second paragraph to third paragraph; b "consists of a single document signed by the parties, and" the following sentence: " A contract giving rise to a mortgage on the basis of a law and containing a condition for extrajudicial enforcement must be concluded by compiling one document, signed by the parties. "; 2) in article 348: a) in paragraph 1: in the first paragraph of the paragraph" on the circumstances for which it is responsible "delete; to add a paragraph to read: " B where an obligation secured by a bond by law does not provide for The term of his or her term of office does not permit the determination of the term, the holder acquires the right to apply for a deposit after the expiry of the period determined in accordance with paragraph 2, paragraph 2, of article 314 of the present report. Code. "; (b) in paragraph 2 (1) of the word" pledge "to replace" the value of the foreclosed property "; , paragraph 3, after the word" months, "should be supplemented with the words" prior to the date of the court or date "Directing the notification of the request for non-judicial settlement of the property"; g) to supplement paragraph 4 with the following: " 4. The debtor, who is the third person, may terminate at any time before the object of the bond is traded and enforced by executing the secured obligation or the part thereof that has expired. The agreement limiting this right is void. In the performance of the secured obligation or the part thereof, which is overdue, the debtor and the third party shall reimburse the costs incurred by the mortgagee in connection with the application of the penalty. ";"; (3) Article 349, as follows: " Article 349. { \b How to { \cs6\f1\cf6\lang1024 } { { \cs6\f1\cf6\lang1024 } { \field } The foreclosing of the foreclosing property is carried out by a court decision, if the loan holder and the mortgagee do not provide for the extrajudicial enforcement of the foreclosic property. 2. The satisfaction of the requirement of the mortgagee by means of foreclosing property is permitted on the basis of an agreement between the holder and the mortgagee, unless otherwise provided by law. 3. Bail may only be addressed by court decision in cases where: 1) the collateral is a residential property owned by a natural person; 2) is the subject of bail property with significant historical, artistic or other cultural value to the community; 3) a natural person is recognized as missing; 4) mortgagedown property is the subject of prior and subsequent pledges in which The different order of the foreclosed order or the different ways of implementing the mortgagee; 5) the property is mortgagee to several of the liabilities. 4. The law may provide for other cases in which extrajudicial enforcement is not permitted. 5. The bond contract, which contains the condition for extrajudicial enforcement or the condition of the disposal of the foreclosable property on the basis of a court decision, may provide for a method or several means Realization of the mortgaged property, which the mortgagee is entitled to use at its discretion, including in a certain sequence or subject to any other conditions. 6. If the bond contract containing the condition for extrajudicial enforcement is certified by a notary public, in the event of default or improper performance by the debtor, the secured obligation is allowed The application for a bail on the notary's executive sign without recourse to the court in accordance with the procedure established by the legislation on notaries and the legislation of the Russian Federation on enforcement proceedings. 7. The peculiarities of the state registration of rights to planted immovable property, which is brought to court out of court order, on the executive sign of the notary is established by the law on the state registration of rights to immovable property. property and transactions. 8. If the bond is raised by law, the foreclosing of the foreclosable property may be possible, subject to the observance by the parties of a contract giving rise to a deposit by law, the provisions of paragraphs 5 and 6 of this article. "; 4) in article 350: (a) in paragraph 1, the word "immovable" should be deleted, after the word "mortgage" supplemented by the words "or by the law on pledge"; (b), paragraph 2, shall be declared null and void. Article 4 Act No. 122-FZ of 21 July 1997 on State registration of real property rights OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3594; 2001, N 11, sect. 997; N 16, est. 1533; 2002, N 15, sect. 1377; 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 31, st. 4011; N 41, est. 4845; N 43, sect. 5084; N 48, st. 5812; 2008, N 20, sect. 2251; N 27, sect. 3126; N 30, est. 3597; N 52, sect. 6219; 2009, N 1, sect. 14; N 19, est. 2283; N 29, st. 3611; N 52, sect. 6410, 6419; 2010, N 15, st. 1756; N 25, est. 3070; N 49, sect. 6424; 2011, N 1, st. 47; N 13, est. 1688; N 23, sect. 3269; N 27, est. 3880; N 30, est. 4562, 4594), as follows: 1) Paragraph 3 of Article 7, paragraph 3, amend to read: " Information on the rights of the testator to real estate objects, a summary of the rights of the testator to the existing The real estate objects are also presented at the request of the notary in connection with the discovery of the inheritance. At the request of the notary, information on the rights to immovable property and (or) copies of the law establishing documents in connection with the discovery of information and documents necessary for the commission of a notarial act, including information, is provided. on the rights of the mortgagee for mortgages and (or) copies of the law establishing documents, details of the content of the legal instrument in connection with the notaries ' verification of the terms of the executive writing. "; 2) in paragraph 2 of the article 8: a) add a new paragraph to the twelfth maintenance: "notary in connection with notarized actions;"; b) paragraph 12 is considered paragraph 13; 3), article 12, paragraph 6, should be added to the following paragraph: " When State Registration of Mortgage Registration, the State Registration Authority submits in the "Special Marks" of the Single State Register of Rights information about the special procedure for the sale of a mortgage on the application of foreclosed property. of a court decision in the event of a mortgage contract The creation of a mortgage on the law, contains such a condition or information on the possibility of extrajudicial enforcement, provided that the mortgage contract or the contract giving rise to a mortgage The law which contains this condition is notarized. "; 4), article 13, paragraph 3, shall be amended to read: " 3. State registration of rights shall be conducted no later than within one month from the date of receipt of the application and documents required for State registration, unless otherwise stipulated by a federal law. State registration of land, buildings, structures and non-residential premises shall be carried out within fifteen working days from the date of reception of the declaration and documents required for State registration, Mortgages of residential premises no later than five working days from the day indicated. In case a mortgage arose on the basis of a notarized mortgage contract, the state registration of the property, buildings, structures, and non-residential premises is carried out no later than five workers days from the reception of the declaration and documents required for State registration. State registration of rights to land and restrictions (encumbering) of these rights is carried out within the time frame stipulated for the State registration of rights to buildings, structures or structures located on this land plot and the limitations (encumsment) of these rights. (Spconsumed by Federal Law of 22.12.2014) N 447-FZ) 5) in article 16 (1): (a) the second paragraph should read: " In the event of the right to arise on the basis of an act of a public authority or an act of a local government, A declaration of State registration of a right shall be submitted by the person against whom the said acts have been committed. In the event that the right arises on the basis of a notarized transaction or other notarial act by a notary, the notary may perform a notarial act upon the application for State registration of the law. Such a statement may be made by a notary's assistant. If the rights arise on the basis of a judicial act or are carried out in the cases provided for by the Federal Act of 2 October 2007 No. 229-FZ "On enforcement proceedings", State registration of rights may be exercised on demand "; (b) paragraph (3) shall be declared void; 6) paragraph 3 of Article 17, after the digits" 25-3 "to supplement the numbers", 25-4, 25-5 "; 7) in article 19, paragraph 1: (a) to supplement the new paragraph 9, to read: " State registration Transactions with immovable property and (or) transition, limitation (encumment) of the right on its ground to the immovable property shall be suspended if previously filed documents for state registration of the transaction with the given object of immovable property and (or) transition, limitation (encumment) of the right to a given immovable property on which the decision on state registration or refusal of state registration is not accepted. State registration is suspended in this case until the state registration of the real property transaction is completed and the transfer, restriction (encumpling) of the right to the immovable property is previously restricted ";"; b) to read the ninth and tenth paragraphs, respectively, paragraphs 10 and 11; 8) to add the following article 25-4: Article 25-4. State registration of the right of ownership of the immovable property in the result of the recovery on it 1. State registration of rights in the transfer of ownership of immovable property as a result of the application of the right to immovable property is carried out on the basis of a joint statement of the purchaser and the holder or the application of the holder, who shall remain in the possession of the holder. The subject of a mortgage and the submission of the following documents: 1) when foreclosed on the foreclosed property: copy of the court's decision to recover the foreclosed property, as appropriate certified and sealed by the court, with a mark of the entry into force of this decision in Force; documents confirming the sale of the foreclosed property (the record of the public tender, the contract of sale concluded with the person who won the tender), or in the case of the acceptance of the failed agreement with mortgagee for the acquisition of the mortgagee or documents proving the abandonment of the mortgagee of the foreclosing property (a protocol on the recognition of rebidding by failed, the application of the mortgagee the subject of a mortgage and a document confirming receipt of the said declaration by the organizer of the tender); 2) when foreclosed on the foreclosed property on the basis of the executive sign of the notary in the case of the bidding: notarized contract a mortgage or a notarized contract, entailing the creation of a mortgage on the basis of the law, which contains the condition that the foreclosed property may be referred to extrajudicially and to an indication of the performance of the executive inscription, and (or) mortgages (if the rights of the mortgagee Certified by the consignment note), containing the condition that the foreclosed property may be referred to the foreclosed property and an indication of the execution of the executive inscription; documents confirming the sale of the foreclosed property (a log of the results of the tender, the sales contract with the successful winner) or, in the case of the acceptance of the failed agreement with the mortgagee, on the acquisition of the mortgagee or documents confirming the abandonment of the mortgagee (a) and (b) failed, application of the mortgagee to leave the subject of the mortgage and a document confirming receipt of the said statement by the organizer of the tender); 3) when foreclosed on the foreclosed property On the basis of the notary's executive sign, if the tender is not conducted: a notarized mortgage contract or a notary certification, entailing the emergence of a mortgage on the law include a condition for the possibility of recovery of the foreclosed property Extrajudicial order and notice of execution, and (or) mortgagee (if the rights of the mortgagee are certified), which contains the condition that the foreclosser may be subject to non-judicial settlement and The mark of the executive inscription; documents confirming that the mortgagee retained the mortgaged property (application of the mortgagee to leave the subject of the mortgage for itself and in the event of the abandonment of the subject of mortgage Without a tender, the receipt of the said document (...) (...) 2. The State registration of ownership of immovable property as a result of the application by the holder of the recovery to the immovable property shall be recorded at the latest within five working days from the date of acceptance of the application and the documents provided for in the paragraph. 1 of this article. In the State registration of the transfer of ownership to immovable property in the cases referred to in paragraph 1 of this article, a mortgage record providing the requirements of the mortgagee for satisfaction which is the subject of a mortgage, is extinguish at the same time as the state registration of the property rights of the purchaser of the mortgaged or mortgagee. "; 9) to supplement Article 25-5 as follows: " Article 25-5. Features of state registration of the right ownership and lease rights on land land occupied by building, building or building, in state registration property on the building (building), structure or other real estate property at the same time state registration of the transition property, or if the lease was subject to State registration, the State registration of the change of lessee in the lease in respect of the land occupied by such immovable property and owned by the former The owner of the specified property rights on ownership or rent. "; 10), article 29, paragraph 1, should read: " 1. State mortgage registration is carried out on the basis of a joint statement by the mortgage holder and the mortgage holder or a notary who certified the mortgage contract or the contract giving rise to a mortgage due to the law, after the state The registration of the proprietary rights of the mortgagee to the appropriate immovable property or the right which is the subject of the mortgage. The specified application is accompanied by a mortgage contract or a contract giving rise to a mortgage due to the law, together with the documents specified in such a contract. Under State registration of a mortgage on the basis of a notarized mortgage contract or a contract giving rise to a mortgage under the law, a State registrar, in order to verify the legality of the transaction, and The legal expertise provided for in article 13, paragraph 1, of this Federal Act, shall verify the possession of the mortgagee, the right of economic management to the foreclosed property, the existence or the absence of a prohibition on subsequent mortgages, the existence of an indication in the contract of registered restrictions (encumming) rights of ownership and other proprietary rights of third parties. "; 11), article 31, paragraph 1, should be supplemented with the following paragraph: " When the State has registered a mortgage on the basis of notarized certification The contract for a mortgage or a contract giving rise to a mortgage due to the law, the responsibility for the legal examination of the documents and the legality of the transaction is borne by the notary, who has certified the contract. The notary is also responsible for the validity of other documents that it provides for the state registration of a mortgage. ". Article 5 Article 25, paragraph 1, of the Federal Law dated February 8, 1998, N 14-FZ " On Societies with Restricted Liability " (Russian Federation Law Assembly, 1998, N 7, p. 785; 2009, N 1, sect. (20) to supplement the following paragraph: " Recourse to the punishment of a share or a part of the share of a participant of society in the statutory capital of a society is permitted to be extrajudiciate on the basis of a deposit agreement that contains the condition of possible Fact of extrajudicial enforcement. ". Article 6 Article 6 102-FZ "On mortgage (real estate mortgage)" of the Russian Federation, 1998, 3400; 2001, N 46, est. 4308; 2002, N 7, sect. 629; N 52, sect. 5135; 2004, N 6, sect. 406; N 27, sect. 2711; N 45, sect. 4377; 2005, N 1, st. 40, 42; 2006, N 52, sect. 5498; 2007, N 27, sect. 3213; N 50, st. 6237; 2008, N 52, sect. 6219; 2009, N 1, sect. 14; N 29, est. 3603; 2010, N 25, 100 3070; 2011, N 27, sect. 3879, 3880) the following changes: 1) to add article 9 to 1-1 as follows: " 1-1. The parties may make provision in the mortgage contract for the possibility of foreclosing on the foreclosable property and (or) ways and means of disposal of the foreclosable property upon the decision of the mortgage court. If a mortgage arises due to the law, the parties have the right to stipulate in a separate agreement a condition on the ways and procedures for the disposal of foreclosed property upon the application of the court's decision. The agreement applies to the form and state registration rules established by federal law for a mortgage contract. "; (2) in article 10: (a) the first paragraph of paragraph 1 should read as follows: " 1. The mortgage contract is concluded in writing by drafting a single document signed by the parties and is subject to State registration. "; b) to supplement paragraph 6 with the following: " 6. In case the parties have notarized the mortgage contract or a contract giving rise to a mortgage due to the law, for the purpose of providing relevant information to the Single State Register of Rights to Real Property and Transactions with it The applicant shall be submitted to a public registration authority, notarized copy of the contract. If, in the event of the parties referred to in this paragraph, a party to a mortgage contract or a contract giving rise to a mortgage on the law, the notarized copies of such treaties are not notarized is submitted to the authority exercising State registration of rights contained in such contracts that the foreclosed property is not subject to extrajudicial enforcement. "; 3), article 11, paragraph 2, reading: " 2. Mortgage is a burden of property laid down under a mortgage or a mortgage arising under the law, arises from the moment of state registration of mortgages. "; 4) Article 14 to supplement paragraph 2-1 as follows: " 2-1. In the event that the parties have provided for a mortgage or a contract giving rise to a mortgage under the law, the condition that the foreclosed property may be subjected to extrajudicial enforcement must be is included in the invoice. In the event that the parties have provided for a mortgage or a contract giving rise to a mortgage due to the law, the manner and manner of implementing the foreclosed property upon the application of the court's decision, The relevant provisions should be included in the consignment note. "; 5) in article 20: (a), paragraph 1 should read: " 1. The State registration of a mortgage arising under the mortgage contract is carried out on the basis of a joint statement by the mortgage holder and the mortgagee. The State Registration of Mortgages arising out of a notarized mortgage contract may also be registered on the basis of a notary's certification of the mortgage contract. "; b) in the first paragraph. Paragraph 2 of the second sentence should read as follows: " State registration of a mortgage on the basis of the law shall be effected on the basis of a declaration by the mortgagee or a mortgage or a notary who has certified the contract giving rise to a contract Mortgages by law, without payment of state duties. "; (c) Paragraph 4 of the first paragraph should read: " 4. State registration of the assignment of rights under the mortgage contract is carried out on the joint statement of the former and new mortgagees. For State registration of assignment of rights, the assignment of rights must be: "; g) in paragraph 5: the words" and a mortgage of a dwelling-within five working days of the said day "to replace" mortgages of land, buildings, Buildings, non-residential premises-within 15 working days, residential mortgages-within five working days "; to supplement the following paragraphs: State Registration of Land and Land In the period covered by the State Registration of Mortgages The land in the building, the building or the building. In the case of a mortgage due to a notarized mortgage contract or a notary of a certified contract giving rise to a mortgage due to the law, state registration of the land parcels, Buildings, structures, non-residential premises shall be carried out not later than five working days. "; 6) in article 21: (a) the title should read: Article 21. Refusal of State registration of mortgages and suspension of state registration of hypothème "; b) in the second paragraph 1 of the word" acquisition of a dwelling ", delete; in) in the first paragraph In paragraph 2, the word "suspended" should be replaced by the word "suspended"; in the first paragraph of paragraph 3, the word "sediment" should be replaced by the word "suspended"; 7) in article 25: a) in the first paragraph of paragraph 1 of the word " or "delete; b) to supplement paragraph 4 with the following: " 4. In the event of an application for a mortgage on the decision of a court or without recourse to a court (extrajudicially) in accordance with the procedure established by this Federal Law, the mortgage registration recording shall be extinguish at the same time as the registration of the right property of the purchaser or a holder of a mortgage, in the manner prescribed by the federal law on State registration of real property rights and transactions. "; 8), article 50, paragraph 3, shall be recognized (9) in article 54, paragraph 2: (a) The following text should be amended to read: " (2) the name, location, cadastral number or record number of the right in the Single Register of Real Property Rights and Transactions with which the property is settled The requirements of the mortgagee; "; b), subparagraph 3 should read: " (3) the manner and manner of implementation of the foreclosed property. If the parties have concluded an agreement laying down the rules for the sale of a mortgage, the court determines how the mortgaged property is to be realized in accordance with the terms of the agreement (article 9, paragraph 1, of this Federal Law); "; (c) In subparagraph 4, after the word "holder," should be supplemented by the words "achieved during the examination of the case in court", the word "dishm;" replaced by the words " the court. If the initial selling price of the foreclosed property is determined on the basis of the appraiser's report, it shall be set equal to eighty per cent of the market value of such property as defined in the valuation report; "; 10) in article 54-1: (a) in paragraph 1: paragraph 2 after the words "provided that" should be supplemented by the words "at the time the court took a decision on the application of the penalty"; the third sentence should read: " Less than five per cent of the value of the object Mortgage; "; paragraph 5, to declare invalid; b, paragraph 4, to recognize no force; in) to add to paragraph 5 as follows: " 5. Unless otherwise provided for by the mortgage contract, the application of the recovery of the property laid down to ensure the obligation of the periodic payments is permitted with the systematic violation of the terms of their introduction, that is, if the time limit is violated payment of more than three times within 12 months prior to the date of the application to the court or the date of notice of non-judicial settlement of the property, even provided that each delay is negligible. "; 11) Article 55 should read: " Article 55. Recourse to foreclosed property 1. The satisfaction of the requirements of the mortgagee with the property laid down in the mortgage contract may be settled out of court in the event of a mortgage or a contract giving rise to a mortgage The law, or if the rights of the mortgage holder are certified by a mortgage, a mortgage. The Extrajudicial forecreading on the executive sign of a notary is allowed on the basis of a notarized contract for a mortgage or a notarized certificate that entails The creation of a mortgage on the basis of a law or a mortgage, which contains a condition of extrajudicial enforcement of foreclosed property. If the rights of the testator are certified by a consignment note, the satisfaction of the requirements of the mortgagee with the property laid down under the mortgage contract out of court on the executive sign of the notary is allowed if the condition is Extrajudicial recovery is contained both in mortgages and in a mortgage contract or a contract giving rise to a mortgage on the basis of which a mortgage is issued. Such treaties should be notarized. 2. The disposal of the foreclosing property is carried out in accordance with the procedure established by article 56 of this Federal Law. If the mortgage contract provides for the settlement of foreclosed property out of court and the parties to the contract are a legal entity and (or) an individual entrepreneor, Business obligations, one way of implementing the subject of a mortgage may be to leave the mortgaged property behind. The rules of the civil law on sale are applied to the relations of the parties on the abandonment by the mortgagee of the foreclosed property, unless the nature of the legal relationship is different. Exclusion from a single State register of individual entrepreneurs of a natural person who is a party to a mortgage contract containing a clause in the second paragraph of this paragraph does not entail termination The provisions of the mortgage contract on the abandonment of the mortgaged property. 3. When the foreclosser is referred to in accordance with paragraph 2 (2) of this article, the property shall be retained by the holder, with the purchase price of the mortgagee, secured by the mortgage, at the price, The fair market value of such property determined in accordance with the procedure established by the legislation of the Russian Federation on evaluation activities. In the event that the person concerned does not agree with an assessment of the mortgaged property, the person is entitled to claim from the mortgagee for damages caused by the disposal of the mortgaged property at the price specified in the report evaluation. 4. A registration action for registration in the Unified State Register of Real Property Rights and Transactions, in accordance with the federal law on State registration of real property rights and transactions, The subject of a mortgage that is subject to extrajudicial enforcement is permitted on the basis of the notary's executive sign in the manner prescribed by the federal law on state registration of rights to immovable property and transactions with I don't. 5. The satisfaction of the requirements of the mortgagee in the manner prescribed by this article is not permitted if: 1) the subject of the mortgage is a dwelling owned by a natural person; 2) the holder -a natural person is recognized as missing; 3) the mortgaged property is the subject of prior and subsequent mortgages, which apply different procedures for applying for mortgages, or Different ways of implementing the foreclosed property; 4) The property is mortgaged to several of the liabilities of several of the liabilities; 5) the subject of the mortgage is a plot of land from the agricultural land to which the effect is applied Federal Act No. 101-FZ of 24 July 2002 "On the turnover of agricultural land" and on which there is no building, structure, structure; 6) the subject of the mortgage is a land plot of land Agricultural appointment granted to a citizen for individual housing Construction, maintenance of personal property, livestock, horticulture, livestock or vegetable gardens, as well as buildings, buildings and structures in the land area; 7) the subject of mortgage is land The section referred to in article 62-1, paragraph 1, of this Federal Act and which does not include buildings, structures, structures; 8) the subject of a mortgage is property held in state or municipal property; 9) the right of the mortgagee to the foreclosed property It is registered in the Single State Register of Rights in Real Property and Transactions with it; 10) the subject of a mortgage is property that has significant historical, artistic or other cultural value to the community. 6. In the cases referred to in paragraph 5 of this article, the foreclosed property is referred to by a court decision. "; The order of notification and requirement 1. The notification and requirement (hereinafter referred to as the notification) provided for by this Federal Law, the mortgage contract are sent to the address specified by the party to the mortgage contract, and also at the place of legal person or place of residence A natural person, including an individual entrepreneor. The location of the legal person is determined on the basis of information contained in the single state register of legal persons, the place of residence of the individual entrepreneor-in the single state register of individual entrepreneurs. entrepreneurs. 2. Notice shall be sent by mail by registered letter with a notice of service or shall be delivered to the addressee under the receipt. 3. The moment of receipt of a notice by a party to a mortgage contract is deemed to be: 1) the date specified in the notification of the notification of the notice to the address (location, place of residence) of the party to the mortgage contract specified therein; 2) The date specified on the copy of the notice by the party to the mortgage contract or its representative when the notification is served under receipt; 3) the date of the party's refusal by the party to the mortgage contract from receipt of the notice if the waiver is fixed the organization of the postal service; 4) the date on which the notification was given, sent by mail by registered mail with a notice to the address (location, place of residence) of the party to the mortgage contract specified therein is not given due to the absence of the addressee (s) (location, place of residence), on which The organization of the postal service informed the sender of the notification. 4. The party to the mortgage contract is also considered to be notified accordingly, if: 1) the recipient refused to receive the notice and the refusal was fixed by the organization of the postal service; 2) the notification was given "; 13) to be supplemented by Article 59-1 as follows: " Article 59-1. In accordance with article 9, paragraph 1-1 of this Federal Law, and in accordance with the procedure established by this paragraph, the parties to the mortgage contract are entitled to establish that the mortgagee have the right to leave the foreclosed property upon the application of the foreclosures, both out of court and on the court's decision, taking into account the requirements of article 55 (2) and (3) of this Federal Law. "; 14) Article 61 should read as follows: " Article 61. The distribution of the proceeds of the implementing property 1. The amount raised from the sale of the property laid down under the mortgage contract is distributed among the claims for collection by the mortgage holders, other creditors of the borrower and by the borrower. The distribution is carried out by the enforcement authority, or, if the foreclosed property was brought out of court, by the organizer of the auction, or in the event of no bidding, the notary, in compliance with the rules Article 319, paragraph 1 of article 334, paragraphs 3 and 4 of article 350 of the Civil Code of the Russian Federation, as well as article 46 of this Federal Law. 2. The requirements of the subsequent hulk shall be met from the value of the post after the requirements of the previous lock-up holder are satisfied. 3. After the distribution of the proceeds from the disposal of the mortgaged property between all the mortgagees of the realized mortgaged property, in the order of priority established on the basis of the data The State register of real property rights and transactions is allocated to the sum of penalty, other penalties and damages payable to the mortgagee in accordance with the terms of the secured mortgage. 4. If the subject of the mortgage referred to is State or municipal property, the amounts to be transferred to the holder in the order and priority set out in this article shall be credited to the relevant budget. 5. If the holder is in accordance with the procedure established by this Federal Act, the mortgagee shall be subject to a mortgage that is owned by the mortgagee, while the cost of the living quarters is insufficient to satisfy the requirements The mortgagee, the debt on the secured mortgage, is considered to be paid off and the secured mortgage is terminated. The secured obligation is considered to be paid off if the amount of the secured mortgage is less than or equal to the value of the mortgaged property determined at the time of the mortgage. "; 15) in article 64: (a) in paragraph 1: in the first paragraph of the first word "If a mortgage or a contract giving rise to a mortgage due to the law is not otherwise provided, under a mortgage" replaced by "On mortgage"; paragraph 3 (c) To declare null and void; (b) paragraphs (2) and (4) shall be declared null and void; 16) in paragraph 1 of article 64-2 of the word " or from the moment of receipt by the authority exercising public registration of rights, notifications to the mortgage holder and the holder of a credit contract (a loan contract with a target clause) (use) with the application of the specified contract "delete; 17) in article 69: (a) in part two of the word" or belonging to the holder of the lease of this section " should be deleted; b) to be supplemented by a new part of the third , to read: " If the lock holder owns a plot of land Rent rights, mortgages on a given land plot of buildings or constructions are considered to be the right to lease land. "; in) Part Three; g) to be completed with Part 5 of the following Table of contents: " In the case of a non-residential mortgage, in addition to the non-residential premises, a share of the ownership of the property in the building and the ownership of the plot of land (rights) is considered to belong to the mortgagee of this land parcel). "; 18) part one of article 69-1 amend to read: " Unless otherwise provided by a federal law or by a loan contract or a loan contract, a building or facility with a plot of land on which they are located, the unoccupied premises, acquired or constructed wholly or in part through the use of the target credit funds of the bank or other credit institution or the means of the target loan provided by another legal entity for the purchase of the specified real estate objects of such an obligation from the time of the State registration Mortgages in the Single State Register of Real Property Rights and Transactions. "; 19) in Article 77: (a), paragraph 1, amend to read: " 1. Premises purchased or constructed wholly or partially by a bank or other credit institution or a special purpose loan provided by another legal entity for acquisition or construction of the specified dwelling, is on bail from the date of the state mortgage registration in the Single State Register of Real Estate Rights and Transactions. "; b) the first paragraph of paragraph 4 after the words" mortgage (s) " to supplement by the words "by law". Article 7 Amend Part Two of the Tax Code of the Russian Federation (Collection of legislation of the Russian Federation, 2000, N 32, sect. 3340; 2004, N 45, sect. 4377; 2006, N 1, sect. 12; 2007, N 46, est. 5554; 2009, N 29, sect. 3642; N 48, sect. 5733; 2010, N 15, article 1737) the following changes: 1) Art. 333-24, paragraph 1, add the following: " 4-1) for the certification of contracts for the purchase and sale of a stake or a portion of the share in the authorized capital of a limited society 50,000 rubles ($1,200 to $1,650); and- 50,000 rubles ($1,200 to $1,10,000); and per cent of the sum of the contract in excess of 10,000,000 roubles, but no more than 150,000 roubles; "; (2) the first indent of article 333-25, paragraph 1 (5), add the following sentence:" In calculating the amount of the State duty, certification of contracts of sale and bond of share or share of the share in the authorized capital of a limited liability company, the assessment of the stake or share of the share of the bond, as specified by the parties to the bond, is accepted, but not lower than the nominal value shares, parts of the share, respectively. ". Article 8 Enroll in Federal Law of October 2, 2007 No. 229-FZ "On the Execution of Law" (Assembly of Laws of the Russian Federation, 2007, N 41, Art. 4849; 2009, N 1, article 14; N 29, est. 3642) the following changes: 1) Article 77, part 1, to be supplemented by the words "or the executive sign of a notary in the cases prescribed by this Federal Law"; (2) in article 78: (a) Part 1-1 to be amended to read as follows: editions: " 1-1. The bailiff, on the basis of the notary's executive sign: 1) withdraws the bond from the mortgage holder or, if the property is immovable, adopts a warrant of attachment and directs the Ordinance to a body that registers and deals with real property rights and transactions with the State to register the arrest in the Unified State Register of Real Property Rights and Transactions in respect of the Air of a vessel subject to State registration in the Single State Register The rights to aircraft, in respect of a ship, inland navigation vessel subject to State registration, in the relevant register of vessels of the Russian Federation or a ship's book, shall take measures to protect such property, or, If the subject of the bond is securities, imposes an arrest in accordance with article 82 of this Federal Law; (2) transfers the collateral or documents to the mortgagee for the subsequent realization of the mortgagee. in accordance with the procedure established by the Civil Code of the Russian Federation The Federal Act "On mortgage (real estate mortgage)" and by the Russian Federation Law "On pledge". "; b) supplement 1-2 with the following content: " 1-2. On the basis of the application of the holder, the bailiff carries out the deposit in the manner prescribed by this Federal Law. "; in Part 3 of the word", the penalty is for which is addressed to the satisfaction of the applicant. the requirements of the holder, "delete; (3), article 80 shall be supplemented with Part 3-1 as follows: " 3-1. Arrests of foreclosed property in order to secure the claim of a prospector that has no advantage in the satisfaction of the claims, is not allowed. "; 4) in part 2 of article 89 of the word", and the initial sale price of the claim The property, which is the subject of a court order, is lower than the price determined by the court. Article 9 Confess: 1) Paragraph 9 of Article 1 of Federal Law of June 9, 2003 N 669-FZ "On introducing amendments and additions to the Federal Law" On state registration of rights to immovable property and transactions with it " (Legislative Assembly of the Russian Federation, 2003, N 24, art. 2244); 2) paragraph 6 of Article 1 of the Federal Law of 5 February 2004 N 1-FZ "On amendments to the Federal Law" On Mortgage of the Russian Federation) " (Collection of Russian legislation, 2004, N 6, art. 406); 3) article 48, paragraph 8 (a), of the Federal Act of 29 June 2004, No. 58-FZ "On amendments to some legislative measures". OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2711); 4) paragraph 2 of article 93, paragraph 12, of the Federal Act of 22 August 2004, N 122-FZ " On amendments to the legislative framework. OF THE PRESIDENT OF THE RUSSIAN FEDERATION (Representative) and the Executive OF THE PRESIDENT OF THE RUSSIAN FEDERATION 33,7); 5) paragraph 4 of subparagraph (a) and subparagraph (b) of paragraph 22 of the Federal Act of 30 December 2004 No. 216-FZ " On amendments The Federal Law "On mortgage (real estate mortgage)" (Parliament of the Russian Federation, 2005, No. 1, art. 42); 6) paragraph 2 of the Federal Law of 26 July 2006, No. 129-FZ "On amendments to Articles 10 and 40 of the Law of the Russian Federation" 2. Bail " (Russian Law Assembly, 2006, N 31, Art. 3428); 7) paragraph 4 of article 3, paragraph 4, paragraphs 7 and 5 of Article 5 of the Federal Law of 30 December 2008 306-FZ " On amendments to some legislative acts of the Russian Federation in connection with the improvement of the procedure for the recovery of foreclosed property. 14); 8) Paragraph 14 of Article 2 of the Federal Law of 30 December 2008 N 312-FZ " On Amending Part One OF THE PRESIDENT OF THE RUSSIAN FEDERATION 20); 9) article 3, paragraph 1, of the Federal Law of 7 April 2010, N 60-FZ " On amendments to individual pieces of legislation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1756). Article 10 1. This Federal Law shall enter into force ninety days after the date of its official publication, with the exception of article 7 of this Federal Law. 2. Article 7 of this Law shall enter into force on 1 January 2012, but not earlier than one month from the date of its official publication. 3. Before the Ministry of Justice has approved forms of notification by notaries, notaries have the right to send notifications in an arbitrary manner, taking into account the requirements for their content of the laws of the Russian Federation on notaries ' notaries N 4462-I. 4. State registration of the right in the transfer of ownership of immovable property as a result of the application by the holder of the recovery of the immovable property extrajudiciently on the basis of the executive sign of the notary Mortgages, concluded prior to the date of the entry into force of this Federal Act, are based on the following documents: 1) a mortgage contract, which contains a condition of extrajudicial enforcement of a foreclosed contract Mortgages and the mark of an executive inscription or An out-of-court settlement of foreclosed property, if the agreement is concluded in the form of a separate document; (2) the notarized consent of the mortgagee to the non-judicial Order of collection; 3) documents confirming the sale of the foreclosed property (the tender result, the contract of sale with the successful bidder, in the case of tendering), or the subject of the deposit the applicant (the protocol on the recognition of rebidding by failed, A statement by the mortgagee that the subject of the mortgage is left behind and a document confirming the sending of the application to the organizer of the tender or the mortgage if the mortgage is left behind without a tender. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin 6 December 2011 N 405-FZ