Federal Act On insolvency (bankruptcy) and articles 17 and 223 of the Code of Arbitration Procedure of the Russian Federation , in terms of the peculiarities of the bankruptcy of developers, attracted funds of construction participants adopted by the State Duma on 28 June 2011 Federation 6 July 2011 Article 1 Enroll Federal Law of 26 October 2002 N 127-FZ "On insolvency (bankruptcy)" (Collection of Laws of the Russian Federation, 2002, N 43, Art. 4190; 2007, N 7, sect. 834; N 41, est. 4845; 2008, N 49, sect. 5748; 2009, N 1, est. 4; N 29, Art. 3632; 2010, N 17, sect. 1988; 2011, N 1, sect. 41; N 7, est. 905) The following changes: 1) Article 4-1 complete with paragraph 6: " 6. The provisions of this article do not apply to relations relating to bankruptcy of developers defined in chapter IX, paragraph 7, of this Federal Law. "; 2), article 49, paragraph 1, shall be declared void; 3) paragraph Article 60, second paragraph 1, to declare void; 4) in article 71, paragraph 8, the word "alone" delete; 5) article 168 should read as follows: " Article 168. General provisions of the bankruptcy of separate categories of debtor-legal entities The provisions of this Federal Act governing the bankruptcy of the debtor-legal persons, unless otherwise provided for in this chapter, shall apply to natural monopolies, as well as those relating to the bankruptcy of developers. " 6) in the second paragraph of article 183-26, the word "sole" delete; 7), Chapter IX is supplemented by paragraph 7, reading: " § 7. The bankruptcy of developers Article 201-1. General provisions 1. For the purposes of this paragraph, the following concepts are used: 1) the person who holds the funds and/or property of the construction participants (hereinafter referred to as the developer), a legal person, regardless of his or her legal and organizational form, The number is a construction cooperative, or an individual entrepreneor who has requirements for the transfer of accommodation or money requirements; 2) the construction participant is a natural person, a legal entity, Russian Federation, constituent entity of the Russian Federation, or municipal education, a request for the transfer of a dwelling or a monetary claim; (3) a request for the transfer of a dwelling-a request from the construction participant to transfer to the developer on the basis of an exchange contract in the ownership of the housing Premises (apartments or rooms) in a multi-apartment building which, at the time of attraction of money and/or other property of the construction participant, is not put into operation (hereinafter-the contract providing for the transfer of the accommodation); 4) requirement of construction participant: refund of the money paid prior to the termination of the contract providing for the transfer of the dwelling place and/or money in the amount of the value of the property transferred to the developer prior to the termination of the contract; damages in the form of actual damage caused by a developer's obligation to transfer the accommodation under a contract providing for the transfer of a dwelling; the return of monies paid under a contract recognized by a court or by an arbitral tribunal invalid and providing for transfer accommodation, and (or) cash in the value of the property transferred to the developer under such contract; refund of money paid under a contract recognized by a court or an arbitral tribunal to non-prisoners and that provides for the transfer of accommodation, and (or) money, in the amount of the property transferred to the developer under such a contract; 5) the construction site is a multi-apartment house for which the construction participant has a request for the transfer of a dwelling or had this requirement prior to avoidance a contract providing for the transfer of accommodation, including the apartment building, the construction of which has not been completed (hereinafter referred to as the construction in progress); 6) the land plot-the land plot, which has been built or The construction site is to be built and on which the construction site is or should be constructed; 7) a register of requirements for the transfer of residential premises-a registry that contains requirements for the transfer of accommodation, recognized by the arbitral tribunal. 2. The rules set out in this paragraph apply regardless of whether the developer has ownership, rent or sublet, and whether or not the developer has the right to own property or other property The right to property in the construction sector. 3. The information that the debtor is a developer is subject to instructions by the debtor, or, if known to the insolvency representative or the authorized body, also in the debtor's declaration of recognition of the debtor. In this case, the arbitral tribunal shall point to the application of the rules of this paragraph in the debtor's bankruptcy in the determination of the declaration of the debtor's recognition of the debtor. The enactment of the declaration of recognition of the debtor is to be published in the manner prescribed by article 28 of this Federal Law. If the particulars that the debtor is a developer become known to the arbitral tribunal after the bankruptcy has been filed, the arbitral tribunal shall render at the request of the person involved in the bankruptcy case, or on its own an initiative to determine the application in bankruptcy of the debtor of the rules of this paragraph. The information contained in this definition is to be published in accordance with the procedure established by article 28 of this Federal Law. 4. At the request of the person involved in the bankruptcy case, the arbitral tribunal has the right to refer the bankruptcy of the developer to the arbitral tribunal for the location of the facility or plot of land or place of residence or place of residence Most of the construction participants, if the arbitral tribunal found that such transfer would contribute to more effective protection of the rights of construction participants. Details of the transfer of the bankruptcy case of the developer to another tribunal according to the first paragraph of this paragraph shall be published in accordance with the procedure established by article 28 of this Federal Law. 5. In considering the reasonableness of the requirements of the construction of the arbitral tribunal, the arbitral tribunal shall have the requirements for the transfer of the accommodation or monetary claims, including the recognition of the transactions entered into by the parties involved in the construction. by a developer and (or) with third parties acting in his or her interest. In the event of participation in such third-party transactions, they shall be involved in the bankruptcy of the developer when considering the issues referred to in the first paragraph of this paragraph. 6. The arbitral tribunal has the right to admit the construction of a requirement for the transfer of a dwelling or a monetary claim, including in the following cases: 1) the conclusion of the participation agreement in the equity construction; 2) The conclusion of a contract for the purchase and sale of a dwelling in the construction site; 3) the conclusion of a preliminary agreement to participate in the equity construction or the preliminary contract of sale of a dwelling in the construction site; 4) entering into a loan contract with obligations in part The return of the loan will end with the transfer of a dwelling in the apartment building after the completion of the construction of the property; 5) cash and/or other property as a contribution to the warehouse capital Partnership on Faith (a Commando Company), followed by the transfer of residential premises in the apartment building after the completion of the construction of the property; 6) to conclude a simple partnership for implementation Construction of a multi-apartment house, followed by the transfer of accommodation in such a of a multi-apartment house; 7) issue of a promissory note for the subsequent payment of residential premises in the apartment house; 8) to make money in a building cooperative to participate in construction of a multi-apartment building; 9) the conclusion of other transactions involving the transfer of money and/or other property for the construction of the apartment building and the subsequent transfer of residential premises in such a block house in Property. 7. From the date of introduction, the debtor may only enter into a written form, a contract providing for the transfer of the accommodation, and an agreement on modification or avoidance Such contracts, as well as other transactions with immovable property, including land parcels. 8. The definition of supervision of the developer is forwarded by the arbitral tribunal to the bodies exercising public registration of rights to immovable property and transactions with it, at the place of location of the property of the developer. 9. The decision of the creditors 'meeting to conclude a settlement agreement in the case of a developer's bankruptcy is taken by a majority vote of the total number of votes of the insolvency creditors and the competent authorities in accordance with the registry of creditors' claims and shall be deemed to have been adopted on condition that all creditors on the obligations secured by the pledge of the debtor's assets have voted for it, and not less than three fourths of the participants in the construction have voted. Article 201-2. The persons involved in the case of bankruptcy of the developer 1. In addition to the persons referred to in article 34 of this Federal Act, the persons involved in the bankruptcy of the developer are recognized as participants in the construction, which have the requirements for the transfer of the accommodation, as well as the authorized body OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. The arbitral tribunal referred to in paragraph 1 of this article shall be guided by the definitions provided for in paragraphs 2 and 3 of article 201, paragraph 3, of this Federal Act. Article 201-3. { \field { \field { \cs6\f1\cf6\lang1024 } { \field { \cs6\f1\cf6\lang1024 } { { \cs6\f1\cf6\lang1024 } { } Features The arbitral tribunal, at the request of the applicant or another person involved in the bankruptcy of the developer, together with the measures provided for in the Code of Arbitration of the Russian Federation and by this Federal Law, may take action on the matter. to ensure creditors ' claims and interests of the debtor (interim measures) in the form of a ban on a lease by the landlord with another person other than the developer and a ban on the State registration of such a contract lease, as well as a ban on the disposal of the land by the lessor otherwise. The Arbitration Court notifies the body that performs state registration of rights to immovable property and transactions with it, at the place where the land is located to take interim measures in the form of a ban on state registration lease agreement for a specified land area. 2. The court's consideration of the application referred to in paragraph 1 of this article shall be notified to the lessor by the lease of the land, which is entitled to participate in the bankruptcy arbitration under consideration of the of this article. 3. The interim measures referred to in paragraph 1 of this article may be taken by the arbitral tribunal only when the person making the request is submitted, evidence of the construction site is available at the plot or start construction of this object. 4. The interim measures referred to in paragraph 1 of this article shall apply until the date of completion of the insolvency proceeding in respect of the debtor, unless otherwise provided by this Federal Act. Article 201-4. The features of the construction of bankruptcy claims of the developer and their consideration by the arbitration court 1. From the date on which the arbitral tribunal issued the definition of surveillance of the developer, in the course of monitoring and all subsequent procedures applied in the bankruptcy case of the developer, the requirements for the transfer of the accommodation and (or) money The requirements of construction participants, with the exception of claims for current payments, may only be filed against the developer in the bankruptcy case of the developer, in accordance with the order of presentation established by this paragraph requirements for the developer. 2. From the date of the introduction of the surveillance to the developer, in the course of observation and all subsequent procedures applied in the case concerning the bankruptcy of the developer, execution of the executive documents according to the requirements of the construction participants Paragraph 1 of this article shall be suspended. From the date of commencement of the competitive process, the execution of the above-mentioned executive documents shall be stopped. Interim Manager, a five-day deadline from the date of their approval, shall notify all known construction participants of the introduction of the observation or the commencement of the insolvency proceedings and the possibility of Participants in the construction of claims for the transfer of accommodation and (or) cash requirements, as well as the possibility of the participant's unilateral refusal to implement a contract providing for the transfer of a dwelling. 3. The expenses of the arbitral tribunal to notify creditors of the submission of claims for the transfer of the accommodation and (or) monetary claims are made at the expense of the debtor. Article 201-5. { \field { \field { \field { \field } { \field { \field { \field { \field { \I The opening of a competitive process for a developer is the basis for the unilateral refusal of the construction party to implement the contract providing for the transfer of the dwelling. Such refusal may be declared in the bankruptcy case of the developer in the process of establishing the size of the participant's monetary claim. 2. When establishing the size of the participant's monetary claim, the amount of the loss in the form of actual damage caused by the breach of the obligation of the developer for the transfer of the dwelling is taken into account in the form of the difference between the cost of the accommodation (as defined on the date of termination of the contract providing for the transfer of the accommodation) to be transferred to the construction participant and the amount of funds paid prior to the termination of the contract and/or the value of the transferred property developer (defined by the transfer contract) (...) (...) Excess of funds paid prior to the termination of the contract providing for the transfer of the accommodation, and/or the value of the property transferred to the property developer above the value of the dwelling (as defined on the date of avoidance) of the said contract), which was to be transferred to the construction participant, could not be a ground for reducing the size of the participant's monetary requirements or causing other negative consequences for such a participant Construction. The value of the property transferred to the property developer and the value of the dwelling that was to be transferred to the construction participant shall be determined by the assessor engaged by the arbitral tribunal. The assessor's advice is sent to the construction manager and to the arbitral tribunal. 3. As to the monetary requirement, the creditor claims register also includes information on the dwelling (including its area), which is the subject of the contract providing for the transfer of the dwelling. Article 201-6. { \field { \field } { \field } { \field { \field { \cs6\f1\cf6\lang1024 } { \field { \field { \field } } The requirements for the transfer of accommodation shall be presented and considered in accordance with the procedure established by articles 71 and 100 of this Federal Act. 2. The arbitral tribunal, in considering the reasonableness of the requirements for the transfer of the accommodation, must be provided with proof of full or partial payment made by the construction participant in fulfilment of its obligations to the developer on a contract providing for the transfer of a dwelling. 3. The request for the transfer of a dwelling recognized by a reasonable arbitral tribunal is to be included in the registry for the transfer of the accommodation. 4. The definition of the inclusion of a requirement for the transfer of a dwelling into the registry or the determination of the refusal to include the requirement in such a registry could be appealed. 5. The construction participants are entitled to participate in meetings of creditors and have the number of votes to be determined on the basis of the amount paid by the developer to the developer on the contract providing for The transfer of the dwelling place and/or the value of the property transferred to the property developer. 6. The construction participants have the right to complain about the claims of other creditors in the manner prescribed by articles 71 and 100 of this Federal Law. Article 201-7. Register of requirements for the transfer of accommodation 1. The following information is included in the register of accommodation requirements: 1) the amount paid by the developer to the developer on the contract providing for the transfer of the dwelling, and (or) the value of the property transferred to the developer Property in roubles; (2) the size of the unfulfilled construction developer's obligations to the developer under the contract providing for the transfer of the accommodation in rubles (including the value of untransferred property as specified in such circumstances). contract); 3) information about the accommodation (including its area), which is the subject of a contract providing for the transfer of a dwelling, as well as information identifying the construction site under the contract. 2. The rules for the registry of requirements for the transfer of accommodation, including the composition of the information to be included in the register, and the provision of information from the registry of requirements for the transfer of residential premises are approved by the federal standard in The procedure established by this Federal Law. Article 201-8. Review the requirements for real property in the case of bankruptcy of the developer 1. From the date of the arbitral tribunal's determination of the supervision of the developer, during the course of the observation and all subsequent procedures applied in the case of the bankruptcy of the developer, only in the bankruptcy case The following requirements of other persons to the developer or developer: 1) that the existence or absence of a right of ownership or other right shall be declared or not recognized by the other persons set out in this article shall be presented and considered. encumment with respect to immovable property, including facilities construction; (2) on the extermination of immovable property, including construction-in-progress, out of illegal possession; 3) on the demolition of unauthorized construction; 4) Real estate of an invalid or non-prisoner, the application of the consequences of the invalidity of a transaction with respect to immovable property; 5) on the transfer of immovable property pursuant to the obligation to transfer it to property, Business management, operational management or use; 6) on State registration of ownership of immovable property. 2. The court hearing of the arbitration court in accordance with paragraph 1 of this article shall be held by a judge of the arbitral tribunal in accordance with the procedure established by the Code of Arbitration of the Russian Federation, in particular, under this Federal Act. No preliminary hearing is held on these claims. 3. The requirements set out in paragraph 1 of this article shall be considered by the arbitral tribunal within a period not exceeding three months from the date of receipt of these claims to the court. 4. The form and content of the requirements of paragraph 1 of this article and the manner in which they are submitted to the arbitral tribunal shall comply with the requirements of the statement of claim in accordance with the Code of Arbitration of the Russian Federation. The claimant (claimant) is required to send a copy of the claims and documents attached to the request to the developer or other persons to whom the claim is made, with a notice of delivery. 5. The applicant, as well as the persons to whom the claim is made, shall be persons participating in the arbitral tribunal's consideration of these claims. These individuals have the right to know the facts of the claim, to make extracts thereof, to withdraw copies; to make withdrawals; to present evidence and to acquaint themselves with the evidence submitted by the claimant. Other persons participating in the arbitral tribunal's review prior to the commencement of the trial; to participate in the examination of evidence; to ask questions to other persons involved in the review by the arbitral tribunal, to declare Applications, applications, explanations to the arbitral tribunal, (c) To present arguments on all matters arising in the course of the proceedings; to acquaint themselves with the claims made by other persons involved in the review by the arbitral tribunal, to object to the requests and the arguments of the other persons participating in the proceedings. Review by the arbitral tribunal of claims; to be aware of complaints made by other persons involved in the examination of claims by the arbitral tribunal, to be aware of the judicial acts in the case, and to receive copies of the court decisions taken in the form of an individual Review of the outcome of the review requirements. 6. The judge of the arbitral tribunal shall notify the time and place of the hearing of the applicant's claims, as well as the persons against whom the claims, the arbitral tribunal, the representative of the creditors ' meeting or the representative of the creditor committee are presented (if available) and a representative of the owner of the property or the founders of the property developer. 7. On the basis of the review of the claim, the arbitral tribunal determines one of the following definitions: 1) to satisfy the requirement; 2) to refuse the claim. 8. The definition may be appealed in accordance with article 223, paragraph 3, of the Code of Arbitration of the Russian Federation. The enforcement list may be issued by the arbitral tribunal. Article 201-9. The order of satisfaction of the requirements of the creditors in the bankruptcy case of the developer 1. In the insolvency proceedings applied in the case of bankruptcy of the developer, the creditors 'claims, with the exception of the creditors' current payments, are satisfied in the following order: 1) is primarily produced Calculations of the claims of citizens to whom the debtor is responsible for causing damage to life or health by capitalizing on appropriate temporary payments, compensation for moral damage; 2) Payment of termination benefits and compensation for employees who work or working contract and compensation to the authors of the intellectual activity; 3) the third is the calculation of the money requirements of the citizens-participants in construction; 4) in The fourth is to be calculated with other creditors. 2. After calculations with the creditors of the fourth queue, creditors are settled to satisfy the requirements of the transaction declared invalid pursuant to article 62-2, paragraph 2, and article 61-3, paragraph 3, of this Federal Law. 3. Claims by creditors for obligations secured by a pledge of the debtor's property are satisfied by the value of the subject matter of the bond in the manner prescribed by article 201.14 of this Federal Law. Article 201-10. To extingule the construction participants ' requirements by passing the construction-in-progress construction object to 1. In the course of financial recovery, external management, insolvency proceedings, in the case of the construction-in-progress builder, the arbitration manager was not earlier than one month and no later than two months from the date of the construction. The claim is for the consideration of the meeting of the parties involved in the construction of an application to the arbitral tribunal requesting that the claims of construction participants be settled by the transfer of the developer's rights to the construction in progress, and land plot created by the participants in the construction A cooperative or other specialized consumer cooperative (hereinafter referred to as the construction-in-progress facility). Prior to the meeting of the construction participants, the issue of an appeal to the arbitral tribunal to pay the claims of construction participants by handing over the construction-in-progress facility would be considered. The arbitration manager informs the participants of the construction, operation, transformation and liquidation of the housing cooperative or other specialized consumer cooperative, including the rights and the of members of such cooperative and provides information on the The participants in the construction with the information in question or by sending them a registered post with a notice of service. 2. The materials to be considered by the meeting of construction participants include the conclusion of the arbitral tribunal on the possibility of or the impossibility of handing over the construction-in-progress facility, the valuation of the developer's rights to the construction project. the construction-in-progress facility and the land plot, the draft decision on the establishment of a housing cooperative or other specialized consumer cooperative. The award of the arbitral tribunal shall contain: 1) the justification of the possibility or impossibility (including technical and financial as well as the requirements of this article) of the transfer of the construction-in-progress facility; 2) details on the readiness of the construction-in-progress object; 3) information about the amount of funding and the time required to complete construction of the construction-in-progress object; 4) the amount information of funds to be made by the participants in the construction and (or) by third parties to settle claims by creditors on current payments, claims of first and second creditors and claims by non-construction creditors, on obligations secured by the developer's rights to the developer The construction-in-progress facility and the land plot, in accordance with the procedure set out in paragraphs 4 to 6 of this article. 3. The transfer of the construction-in-progress facility to the participants of the construction project can be carried out with the following conditions: 1) the cost of the developer's rights to the construction-in-progress facility and the land plot exceeds by more than five per cent the total size of the claims of the construction participants included in the creditor claims register and the registry of requests for the transfer of accommodation, or by three quarters of the creditors of the fourth queue, except for the legal entities involved in the construction, the decision to consent to the The transfer of the construction-in-progress object or the deposit account of the arbitral tribunal has been paid in accordance with paragraph 4 of this article; 2) of the property that remains with the debtor after the transfer of the object in progress construction sufficient to cover current payments, claims of first and second queue creditors or to the deposit account of the arbitral tribunal are paid in accordance with paragraph 5 of this article; 3) in the register of claims creditors who are not parties to the Convention Construction, on obligations secured by a developer's rights to construction in progress and land, or the creditors agreed to transfer the construction-in-progress facility or to the escrow account The arbitral tribunal has been paid in accordance with paragraph 6 of this article; 4) upon completion of the construction of a specific construction site, it is sufficient to satisfy the requirements of all of the construction project, on the registry of creditors and the registry for the transfer of accommodation, based on the terms of the contracts providing for the transfer of accommodation (including the lack of requirements of several construction participants for the transfer of accommodation The same accommodation shall be provided for in the apartment building, except as provided for in paragraph 7 of this article. With the consent of the construction participant, it is possible to transfer a dwelling which is different in size, layout, location from the accommodation to the terms of the contract providing for the transfer of the accommodation; 5) The construction work in progress is owned by the property developer; 6) the land on which the construction in progress is located belongs to the property owner or to another property right; 7) construction participants decided to create a housing cooperative or other specialized consumer cooperative meeting the requirements of paragraph 8 of this article. 4. In the event that the developer's rights to the construction-in-progress facility and the land area exceed by more than five per cent the total size of the claims of the construction participants included in the register of claims of creditors and the registry Requests for accommodation, construction participants and (or) third parties are entitled to make funds in the amount of such excess, less 5 per cent of the deposit account of the arbitral tribunal pending the review by the arbitral tribunal of the application for Transfer of the construction-in-progress object. These funds are made by the participants in the construction in proportion to their requirements, unless otherwise decided by the construction participants ' meeting. 5. If the property that remains with the debtor after the transfer of the construction in progress is not sufficient to cover the current payments, the first and second stage creditors, the construction participants and (or) third persons before consideration The arbitral tribunal shall have the right to deposit money in the deposit account of the arbitral tribunal in the amount of the aggregate amount of the current payments and the requirements of the first and second creditors at the cost of property of the developer, but not more than twenty per cent of the value The rights of the developer to the construction-in-progress site and the land plot. These funds are made by the participants in the construction in proportion to their requirements, unless otherwise decided by the construction participants ' meeting. In the case provided for by this paragraph, the requirements of construction participants and (or) third parties are taken into account in the register of claims of creditors in size and order, as is the case by the participants in the construction and/or third parties of the claim (...) (...) In the part of the settled claims for the current payment, the requirements of the construction participants and (or) third parties are to be repaid by the developer in the same order and priority as the settled claims of the creditors on current payments. 6. In the event that the claims of creditors not involved in the construction of the creditor's claims are secured by the developer's rights to the construction-in-progress facility and the land plot, the construction participants and (or) before the arbitral tribunal has considered the request for the transfer of the construction-in-progress facility to the deposit account of the arbitral tribunal in an amount sufficient to meet the requirements of the said creditors and Article 201, paragraph 1, subsection 1, of this Federal Act. 7. If the apartment blocks in the apartment building upon completion of construction are not sufficient to satisfy the requirements of all construction participants included in the register of creditor claims and the registry of accommodation requirements, On the basis of the terms of the treaties providing for the transfer of accommodation in a specified apartment building, including the requirement of several construction participants to transfer accommodation in respect of the same accommodation in the residential premises specified apartment building, transfer of construction in progress may be provided that, as a result of the failure of individual construction participants to obtain accommodation in the construction site, they will be sufficient to meet the requirements of the remaining construction participants. Statements of these refusation are sent to the arbitral tribunal and to the arbitral tribunal. However, the requirements of the non-residential premises of the building or legal persons who refused to receive housing are converted into monetary claims in accordance with the procedure established by this Federal Law; and are to be repaid as part of the creditors ' claims, respectively, of the third and fourth lines. 8. The housing cooperative or other specialized consumer cooperative must meet the following requirements: 1) the main objectives of a housing cooperative or other specialized cooperative The consumer cooperative is the completion of the construction of a multi-apartment building and the provision of a residential building, which is completed, to the members of the cooperative living quarters in accordance with the terms of the contracts, of housing; 2) a housing cooperative or other specialized consumer cooperative includes all construction participants whose claims are included in the register of creditors ' claims and the registry of requirements for the transfer of accommodation (except in the case of In the case of construction workers who have refused to hand over the construction-in-progress facility); 3), the members of the housing cooperative or other specialized consumer cooperative are contributing members to the construction the developer's rights of the developer to the unfinished object Construction and land, as well as the fixed term of the cooperative's statute for the completion of construction. 9. Other persons may participate in the construction of a housing cooperative or other specialized consumer cooperative, in addition to the construction participants, in the case of construction in progress. The completion of its construction will be greater than that required to meet the requirements of all construction participants included in the register of creditor claims and the registry of requirements for the transfer of accommodation. 10. The consent of the land lessor to the transfer of the developer's rights to the developer is not required. 11. All creditors, including all construction participants, must be notified of the proceedings before the arbitral tribunal, including all parties to the construction, in accordance with the register of creditor claims and the registry of claims for the transfer of premises. Following a review of the petition by the assembly of the participants in the construction of the construction-in-progress facility, the arbitral tribunal determines: 1) the application and the transfer of the object in progress Construction, in the event of the conditions of such transfer referred to in this article; 2), that a request shall not be granted in the event of failure to comply with the terms of such transfer referred to in this article. 12. The definitions in paragraph 11 of this article may be appealed in accordance with the procedure established by the Code of Arbitration of the Russian Federation. 13. In the event of a determination by the arbitral tribunal of the transfer of the construction-in-progress facility, the requirements of the construction participants who voted against and failed to participate in the construction shall be converted into cash requirements in the order, established by this Federal Law and is to be repaid as part of the creditors ' claims, respectively, of the third and fourth lines. In the case of an arbitral tribunal determining the transfer of the construction-in-progress facility made by the parties involved in the construction and/or by third parties to the deposit account of the arbitral tribunal, the money is sent for payment the relevant claims of creditors. In the event of a determination by the arbitral tribunal that the construction of a building cooperative or other specialized consumer cooperative fails to be established by the arbitral tribunal The action taken by the construction and/or third parties to the escrow account of the arbitral tribunal shall be returned to the participants in the construction and/or third parties. 14. The developer's rights to the construction-in-progress facility and the plot of land are transferred to a housing cooperative or other specialized consumer cooperative as a request for the transfer of accommodation. Cash requirements. The size of the retractable part of the construction participant's claim is equal to the ratio of the developer's rights to the construction-in-progress facility and the land plot and the total size of the participants ' claims Construction included in the register of creditor claims and the registry of requirements for the transfer of accommodation. From the date of the arbitral tribunal's determination of the transfer of the construction-in-progress facility, the requirements of the construction participants are considered to have been paid in the relevant part, and the requirements for the transfer of the accommodation in the unliquidated obligations parts are converted to cash requirements. Based on the determination of the arbitral tribunal to transfer the construction-in-progress facility, the liquidated obligations of the participants in the construction are excluded by the trustee from the register of claims of creditors and the registry The requirements for the transfer of accommodation, the remaining outstanding claims for the transfer of accommodation, are removed from the registry of accommodation requirements and are included in the register of claims of creditors. The requirements of the construction participants, which are not paid as a result of the transfer of the construction-in-progress facility, are satisfied as part of the requirements of the third and fourth creditors, respectively. 15. In pursuance of the obligation of the developer, his rights to the construction-in-progress facility and the plot of land are transferred by the arbitration manager to the housing cooperative or other specialized consumer cooperative on the basis of The determination of the arbitral tribunal to refer the object of construction in progress. State registration of the transfer of the developer's rights to the construction-in-progress facility and the land plot to a housing cooperative or other specialized consumer cooperative takes place after State registration of such a cooperative on the basis of an application by the developer in the person of the arbitration court and the determination of the arbitral tribunal to transfer the construction in progress. Since the registration of the transfer of rights to such a cooperative, the ownership of the construction work in progress and the right to property or the rights and duties of the lessee in relation to the land plot shall be transferred. 16. If the developer has several construction-in-progress facilities, a housing cooperative or other specialized consumer cooperative is created for each such facility, with the decision of the meeting of the participants The determination of the arbitral tribunal shall be made in respect of all such facilities at the same time. Article 201-11. To meet the requirements of the construction participants by handing them over to residential premises 1. In the case of the construction of a multi-apartment building, the construction of which is completed, the arbitration manager no earlier than one month and no later than two months from the date of approval (upon completion of the construction during the contestone) "shall be required to submit, within two months from the date of completion of the proceedings, the question of the application to the arbitral tribunal to settle the claims of the parties involved in the construction by transferring them to the arbitral tribunal". property of residential premises in this apartment building (hereinafter referred to as the transfer to the participants Construction of housing units). 2. The materials to be considered by the meeting of construction participants include the conclusion of the arbitration tribunal on the possibility of or inability to transfer the construction of the accommodation to the participants and the report of the appraiser on their value. The award of an arbitral tribunal shall provide justification for the possibility or inability to take into account the requirements of this article for the construction of the accommodation. 3. The transfer of accommodation to the participants can be carried out while observing the following conditions: 1) the presence of the obtained in accordance with the procedure established by the law on urban planning, permission to enter In the operation of the apartment building, the construction of which is completed; 2) the developer and the participants of the construction have not signed the transfer certificates or other documents about the handover to the participants in the construction of the accommodation; 3) The value of the transferred accommodation does not exceed 5 % the total size of claims of the construction participants included in the register of creditors ' claims and the registry of claims for the transfer of residential premises, or three quarters of the votes of the creditors of the fourth line, except for legal entities- The participants in the construction, the decision to consent to the transfer to the construction of the accommodation, or to the deposit account of the arbitral tribunal were paid in accordance with article 201, paragraph 4, of this Federal Law; 4) property retained by the debtor after transfer to the participants The construction of a dwelling is sufficient to cover the current payments, the requirements of the first and second queue creditors, or the deposit account of the arbitral tribunal are paid in accordance with article 201, paragraph 5, of this Federal Act. law; (5) creditors who are not parties to the construction are not required in the register of creditors ' claims, on obligations secured by the mortgage of the developer's rights to the apartment building, the construction of which is completed, Land, transferred to residential premises or designated creditors consent was given to the construction of the accommodation, or the deposit account of the arbitral tribunal was paid in accordance with article 201-10 (6) of this Federal Law; 6) to all participants in the construction The accommodation is provided in accordance with the terms of the contracts providing for the transfer of accommodation and the transferred accommodation is sufficient to satisfy the requirements of all construction participants included in the register of claims of creditors and Vital space requirements register (not available The requirements of several construction participants for the transfer of the same accommodation in the apartment block, except as provided for in article 201-10, paragraph 7, of this Federal Law. With the consent of the construction participant, it is possible to transfer the dwelling which is different in size, layout, location from the accommodation to the terms of the contract providing for the transfer of the accommodation. 4. All creditors, including all construction participants, must be notified of the proceedings before the arbitral tribunal, including all parties to the construction, in accordance with the register of creditor claims and the registry of claims for the transfer of premises. Following a review of the petition by the participants in the construction of the construction of the residential premises, the arbitral tribunal rules out: 1) on the application and the transfer to the construction of the accommodation The Conference of the States parties to the Convention on the Rights of the 5. The definitions in paragraph 4 of this article may be appealed in accordance with the procedure established by the Code of Arbitration of the Russian Federation. 6. The definition of the transfer to the construction of the accommodation specifies which dwelling is transferred to each construction participant. In the event of a determination by the arbitral tribunal of the transfer of the accommodation to the participants in the construction of and/or by third parties to the deposit account of the arbitral tribunal, the money shall be transferred to the escrow account payment of the relevant claims of creditors. In the event of a determination by the arbitral tribunal to refuse a request made by the parties involved in the construction and/or by third parties to the deposit account of the arbitral tribunal, the funds shall be returned to the participants Construction and/or third parties. 7. The accommodation shall be transferred to the construction participant who has the money requirement as a foot, and the claim is repaid in the amount of the value of the accommodation provided. On the basis of the determination of the arbitral tribunal to transfer the accommodation to the participants in the construction of the accommodation, the requirements for the transfer of accommodation in the registry of accommodation requirements were fully met by the arbitral tribunal, as well as shall be settled in the appropriate part of the monetary claim in the creditor's claim registry. The requirements of the construction participants, which are not paid as a result of the transfer to the construction of the accommodation, are satisfied as part of the creditors ' claims of the third and fourth lines, respectively. 8. In the event that the developer in accordance with federal law has obtained permission to put into operation the apartment building and the developer and participant in construction before the date of application for recognition of the property developer, the signature was signed A transfer act or other instrument on the transfer of a dwelling, the arbitral tribunal, upon application by the construction participant, shall decide to recognize the property of the construction participant in the accommodation. Article 201-12. Construction participant's meeting 1. The Assembly of the Parties to the Convention shall be held in accordance with the rules of articles 12 to 15 of this Federal Act, with the special features provided for in this article. 2. Construction participants, whose requirements are included in the register of creditors ' claims and the registry of requirements for the transfer of residential premises on the date of the meeting of the participants in the construction, are participants with the right to vote, and also to the right Participate without the right to vote, together with the persons referred to in article 12, paragraph 1, of this Federal Law, insolvency creditors and authorized bodies whose claims are included in the register of creditor claims at the date of the meeting of the participants Construction. 3. The construction participants shall have the number of votes proportional to the size of their monetary claims and (or) the requirements for the transfer of accommodation (subject to article 201.6, paragraph 5, of this Federal Act) by the construction participants. (c) Relationship to the total of claims and requirements for the transfer of accommodation included in the register of creditor claims and the registry of requirements for the transfer of accommodation as of the date of the meeting of construction participants under the present Federal law. 4. The decisions of the assembly of construction participants on matters assigned to it by this Federal Law shall be taken by three quarters of the votes of the participants in the construction, who have the right to vote in this assembly. Article 201-13. The inclusion of the creditors ' claims on the construction party requirements unable to transfer the object construction or residential premises 1. In the event that within two months from the date of expiry of the time limits provided for in article 201-10, paragraph 1, and article 201-11, paragraph 1, of this Federal Law, the construction participants have not decided to appeal to the arbitral tribunal Applications for the transfer of the construction-in-progress facility or residential premises in the multi-apartment building, the construction of which is completed, the insolvency representative shall notify the arbitral tribunal thereof and submit it in accordance with the procedure established by article 13 of this Federal Act, whose requirements are included in the A register of requirements for the transfer of accommodation, notice of: (1) the possibility of filing a bankruptcy court with the arbitration tribunal within one month from the date of receipt of such notification provided that The simultaneous refusal of the construction participant to comply with the contract providing for the transfer of the accommodation, in accordance with article 201-5 of this Federal Law; (2) the consequences of the failure to present the said requirements on time, as set out in paragraph 1 of this paragraph. 2. Within five days from the date on which the arbitral tribunal received the notice referred to in paragraph 1 of this article, the arbitral tribunal shall award the date of the hearing on the claims of the construction participants included in the register of claims The transfer of accommodation. This trial cannot be held in the previous two months from the date of notification to the participants in the construction. 3. The requirements of construction participants, as provided for in paragraph 1 of this article, shall be considered by the arbitral tribunal in a court session, which results in the determination of the inclusion of the claims in the register of creditor claims, in the order of Article 201 to 5 of this Federal Act. 4. The insolvency representative is not entitled to make payments to the creditors of the third and fourth lines in accordance with the register of creditors ' claims pending consideration of all claims made by citizens-participants in the construction and/or all claims of legal entities- The Conference of the Parties, Article 201-14. Realization of the requirements of the citizens-participants of the construction of money obligations and peculiarities of payments with creditors in the case of collateral in bankruptcy case developer 1. In the case of the realization of the subject of a pledge of construction owned by a property developer and a plot of land owned by the property developer or other rights (including rent, sublet), funds raised from the realization of these objects and (or) the rights on them are transferred by the buyer to the special bank account of the debtor. Of the funds credited to this account: 1) sixty per cent is directed to the satisfaction of the creditors on the obligation secured by the pledge of the specified objects and (or) the rights of the debtor, but not more than the principal amount Obligations and accrued interest, including claims for an obligation secured by a bond of participation in equity construction in accordance with the equity participation legislation and (or) other objects of real estate; 2) twenty-five % is directed to the payment of the monetary claims of the citizens-participants of the construction, regardless of whether these citizens are loginers for the construction in progress and the land plot In the area of real property damage, excluding interest and other sanctions). In the absence of creditor claims against the obligation secured by the pledge of the specified objects and (or) rights of the debtor, eighty-five per cent of the proceeds from the implementation of the said facilities and (or) the rights to them, is referred to the payment of the claims of the construction participants (including for real damage, except for interest and other sanctions); 3) ten per cent is referred to the first and second claims of creditors in the case where the property of the developer is not sufficient to cover these requirements; 4) Remaining monies are referred to court costs, expenses for the remuneration of the arbitral tribunal and the services of persons engaged by the arbitral managers for enforcement purposes I have no obligation to do so. 2. Cash intended for the settlement of claims by creditors of the first and second lines and remaining in the special bank account of the developer after the full settlement of such claims is directed towards the payment of a portion of the claims of the construction and claims of creditors secured by the collateral of the property of the developer who has not been paid out of the value of the specified property in connection with the deduction of part of the value to satisfy the creditors ' claims The first and second lines of the article, in accordance with paragraph 1 of this article. Cash remaining after full settlement of court expenses, remuneration of the arbitral tribunal and the services of the arbitral managers in order to ensure the performance of the in the case of a person who is a member of the Government of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the of a portion of the cost of in accordance with paragraph 1 of this article. The funds remaining after the full payment of the money requirements of the citizens-participants in construction, the requirements of the creditors secured by the property of the developer are included in the tender mass. 3. Unsatisfied with the value of the debtor's realized assets, the monetary claims of the citizens-participants of the construction and the requirements for obligations secured by the property of the developer are satisfied as part of the creditors ' claims Release 3 and Release 4, respectively. Article 201-15. Payment by the third party of current payments and first-and second-line creditors ' claims to the developer to enable the transfer of the construction-in-progress object or premises 1. In the course of a competitive proceeding, in order to ensure, in accordance with articles 201 to 10 and 201 to 11 of this Federal Law, the possibility of transferring the construction of unfinished construction or residential premises in the apartment building The completion, current payments and claims by creditors of the first and second lines on the creditors ' registry may be settled by a third party in the manner determined by this article. 2. A person who has the intention of paying the creditors ' claims under paragraph 1 of this article (hereinafter referred to as intention) shall forward the application of intent to the bankruptcy court, the insolvency representative, and also referred to creditors. 3. The statement of intent should specify: 1) the name (for legal person), surname, name, patronymic (for the physical person) of the applicant; (2) the term of settlement of claims of creditors referred to in paragraph 1 of this article The date of the determination by the arbitral tribunal of the relevant article. 4. The declaration of intent is to be considered by the arbitral tribunal within fourteen working days from the date of its receipt. If an arbitral tribunal has made declarations of intent from a number of persons, such statements shall be considered in the order in which they are received by the arbitral tribunal. 5. As a result of the review of the intention, the arbitral tribunal shall determine whether the declaration of intention or refusal to satisfy the declaration of intent is satisfied if current payments and claims are not available The first and second stage creditors, who under this Federal Law are subject to the creditors 'registry, or the applicant has waived the intention to settle the creditors' claims as provided for in paragraph 1 of this article, pending the consideration of such a declaration. 6. In the determination of the arbitral tribunal to satisfy the declaration of intent, specify: 1) the name (for legal person), surname, name, patronymic (for the natural person) of the person who pays the creditors ' claims, under paragraph 1 of this article; (2) the size of the claims of the first and second creditors, the principal amount of the arrears, the assessed penalty (fines, penalties); 3) the period and the manner in which the claims of creditors first and of the second phase; 4) the date of the settlement The requirements of the creditors referred to in paragraph 1 of this article; 5) bank account details; 6) other information required to transfer the money to pay the creditors required by paragraph 1 of this article. 7. Consideration of the application of intent should be deferred to the date on which the claims of creditors referred to in paragraph 1 of this article are reviewed, provided that there is a similar declaration made by another person earlier. If there is a dispute as to the size and composition of these claims, consideration of the application of intent may be postponed until the date of entry into force of the court act establishing the composition and size of claims of creditors of the first and second the queues that are included in the creditors ' registry. 8. In order to settle the creditors ' claims under paragraph 1 of this article, such creditors shall submit to the arbitral tribunal a notice indicating the date of the notification, the name (for the legal person), the name, the name, (a) (b) (c), (c), (c), (c), (c), (c), (c), (c), (c), (c), (c), (c), (c), (c), (c), of the size of the claim for each of the recipients of the money. funds. 9. During the period established by the determination of the arbitral tribunal to satisfy the declaration of intent, the applicant shall transfer the funds in the amount and in the order specified in the definition. 10. After the expiry of the creditors ' claims under paragraph 1 of this article, the applicant shall submit to the arbitral tribunal an application for recognition of the claims of creditors referred to in paragraph 1 of the present article and to replace the creditor in the register of creditor claims. The application is accompanied by payment documents confirming the transfer of funds in the amount and in the order specified in the arbitral tribunal's determination of the declaration of intent. 11. As a result of the review of the application for recognition of the creditors 'claims under paragraph 1 of this article and the replacement of the creditor with the creditors' registry, subject to the satisfaction of the arbitration award, In the case of a court of intent, the arbitral tribunal shall determine whether the claims of creditors referred to in paragraph 1 of this article have been liquidated and the creditor's replacement in the register of creditors ' claims. The claims of the person who paid the creditors ' claims under paragraph 1 of this article are accounted for in the creditor's claims register in the amount of claims settled against the debtor as part of the claims of creditors of the third party. queue. 12. In the event that the claims of creditors referred to in paragraph 1 of this article are not in full or in violation of the order or maturity established by the arbitral tribunal's determination, the arbitral tribunal shall determine whether Refusal to recognize the claims of creditors referred to in paragraph 1 of this article. These funds are to be returned to the applicant within ten working days from the date of the entry into force of the determination of the arbitral tribunal to refuse to recognize the claims of creditors referred to in paragraph 1 of this article. The transfer of funds over and above the amount of money provided for by the arbitral tribunal's determination to satisfy a declaration of intent is not a ground for the arbitral tribunal to issue a determination to refuse recognition The relief of creditors covered by paragraph 1 of this article and also to increase the amount of the claim of the person who paid the creditors ' claims under paragraph 1 of this article to the debtor. Moneys listed in excess of the amount specified in this definition are to be returned to the applicant within ten working days from the date of the entry into force of the determination of the arbitral tribunal on recognition The obligations of creditors covered by paragraph 1 of this article and the replacement of the creditor with the creditors ' register. 13. The Government of the Russian Federation shall establish a procedure for the payment of the claims of creditors referred to in paragraph 1 of this article. "; Article 2 Article 2 of the Code of Arbitration Procedure of the Russian Federation 2002, N 30, 3012; 2010, N 31, sect. 4197) The following changes: 1) paragraph 3 of article 17, paragraph 3, of article 17 shall be declared void; 2) in part 2 of article 223 of the word " collegiate composition of judges, unless otherwise provided by federal law governing issues "The insolvency (bankruptcy)" should be replaced by "the judge alone, unless otherwise provided for in article 17 of this Code." Article 3 1. This Federal Law shall enter into force 30 days after its official publication, except for article 1, paragraph 1, of this Federal Act. 2. Article 1, paragraph 1, of this Federal Act shall enter into force on 1 January 2012. 3. Provisions of Federal Law of October 26, 2002 N. 127-FZ "On insolvency (bankruptcy)" (in the wording of this Federal Law), articles 17 and 223 Code of Arbitration Procedure of the Russian Federation (in the wording of this Federal Act) shall be applied by the arbitral tribunals Cases of bankruptcy proceedings against which the commenced after the day of the entry into force of this Federal Act. 4. The provisions of chapter IX, section 7, of the Federal Law of 26 October 2002 N 127-FZ "On insolvency (bankruptcy)" Federal law) is also applied by arbitral tribunals in cases of bankruptcy proceedings initiated before the day of the entry into force of this Federal Act, except for bankruptcy cases where the calculations began with creditors of the third stage in accordance with the register of creditors ' claims. 5. In the case of bankruptcy proceedings brought before the day of the entry into force of this Federal Act and to which the provisions of chapter IX, paragraph 7, of the Federal Act are applied, dated October 26, 2002. The requirements for the transfer of accommodation for the construction participants shall be upon the expiry of sixty days after the date The entry into force of this Federal Act. 6. The provisions of articles 49, 60, 71 and 228 of the Federal Law of 26 October 2002 N 127-FZ "On insolvency (bankruptcy)" OF THE PRESIDENT OF THE RUSSIAN FEDERATION by arbitral tribunals in cases of bankruptcy, proceedings instituted before the date of the entry into force of this Federal Act, only after the date of completion of the procedure applied in the case of bankruptcy (supervision, financial rehabilitation, external management, insolvency proceedings or of the World Agreement) and the entry into force of this Federal Act until the date of entry into force. 7. In the event that, after ten months from the date of the entry into force of this Federal Act by a national association of self-regulating organizations of the arbitration managers, the federal standard is not forwarded for approval to the regulator. The development of which is provided for by this Federal Law, the regulatory body shall develop and approve a federal standard within the next three months, including on the basis of the proposals of the said national association. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin 12 July 2011 N 210-FZ