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On Amendments To Certain Legislative Acts Of The Russian Federation

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

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RUSSIAN FEDERATION FEDERAL LAW amending certain pieces of legislation Russian Federation adopted by the State Duma on December 21, 2012 Approved by the Federation Council on December 26, 2012 23.07.2013 N 249-FZ; of 28.12.2013 N 420-FZ; dated 13.07.2015. N 236-FZ) Article 1 Article 25-1 of the Federal Law of 21 July 1997 N 122-FZ " O State registration of real property rights and transactions " (Legislative Assembly of the Russian Federation, 1997, N 30, art. 3594; 2005, N 1, est. 40; 2006, N 30, sect. 3287; 2010, N 25, 100 3070; 2011, N 27, sect. 3880; N 49, sect. 7061; 2012, No. 29, sect. 3998) The following changes: 1) in paragraph 2: (a) Subparagraph 4 should read: " (4) One of the following Federal Act No. 214 of 30 December 2004 on participation in the Construction of apartment buildings and other objects of real estate and amendments to some legislative acts of the Russian Federation " documents: insurance of civil liability of developer for non-fulfillment or Improper performance of obligations for the transfer of living space under a contract of participation in the equity construction; suretyship for proper performance by the developer of the obligations for the transfer of the accommodation under the contract of participation in equity construction; "; b) to add the following paragraph: " State registration of subsequent contracts of participation in the construction of the same apartment house and (or) other real estate developer is required to represent the insurance contract specified in paragraph 4 of this paragraph, If such a contract is concluded for each participant Construction. "; 2) paragraph 2-3, add the following paragraph: " The notification shall specify which of the documents referred to in paragraph 2 (4) of this article is presented by the developer. "; (3) paragraph 3 (2), paragraph 3 (1), amend to read: "(2) Failure to provide one of the documents referred to in subparagraph 2 (4) of this article;"; 4) to supplement paragraph 3 to 2 as follows: " 3-2. Within five working days of the refusal of the State registration of the contract of participation in equity construction on the basis of paragraph 3-1 (2) of this article, the authority conducting the State registration of rights shall notify Such refusal by the Commissioner for the control and supervision of the construction of apartment buildings and (or) other real estate objects by the executive authority of the constituent entity of the Russian Federation construction of apartment building and (or) other real estate object. " Article 2 Amend Part Two of the Tax Code of the Russian Federation (Collection of Russian legislation, 2000, N 32, Art. 3340, 3341; 2001, N 1, st. 18; N 33, est. 3413; N 53, sect. 5015; 2002, N 22, Text 2026; N 30, sect. 3027; 2003, N 1, sect. 2; N 28, est. 2886; 2004, 27, sect. 2711; N 34, st. 3524; N 45, est. 4377; 2005, N 30, sect. 3129, 3130; 2006, N 10, st. 1065; N 31, est. 3436; N 45, sect. 4628; N 50, st. 5279; 2007, N 23, sect. 2691; N 31, sect. 3991; N 45, sect. 5417; 2008, N 30, est. 3616; N 48, st. 5504, 5519; N 52, sect. 6237; 2009, N 29, sect. 3598; N 48, sect. 5731, 5737; N 51, est. 6155; N 52, sect. 6455; 2010, N 25, 100. 3070; N 31, st. 4186, 4198; N 32, sect. 4298; N 45, sect. 5756; N 48, st. 6247; N 49, sect. 6409; 2011, N 1, st. 7; N 27, est. 3881; N 29, st. 4291; N 30, est. 4583, 4593; N 45, est. 6335; N 48, sect. 6729, 6731; N 49, sect. 7014; N 50, stop. 7359; 2012, N 26, est. 3447; N 27, sect. 3588; N 31, st. 4334) the following changes: 1) in article 149, paragraph 3, subparagraph 7: (a) in the first paragraph of the word "insurance organizations" replaced by "Insurers"; b) in the second word "insurance organization" should be replaced "Insurer"; in), in paragraph 5, replace the words "obtained by the authorized insurance company that concluded" with the words "obtained by the authorized insurer which concluded"; 2) (Spil-off- Federal law dated 28.12.2013. N 420-FZ) 3) in the first paragraph of article 170, paragraph 5, replace "insurance organizations" with "insurers". Article 3 Article 3 href=" ?docbody= &prevDoc= 1021685&backlink=1 & &nd=102078527 "target="contents"> dated October 26, 2002 N 127-FZ " On insolvency (bankruptcy) ". 4190; 2011, N 29, sect. 4301; N 49, sect. 7015, 7024), the following changes: 1) Article 201-5 add the following: " 4. On request and at the expense of the insurer who insure civil liability of the developer for non-performance or improper fulfillment of obligations on transfer of residential premises under the agreement of participation in equity construction in accordance with the Federal Law Act of 30 December 2004 No. 214-FZ "On participation in the construction of apartment buildings and other real estate objects and on amendments to some legislative acts of the Russian Federation", or a bank that provided surety proper execution of contractual obligations by the developer for the transfer of the accommodation Participation in the construction, the arbitral manager or the registry shall forward the statement from the register of creditors ' claims of the size, composition and order of satisfaction of the construction participants. "; 2) Article 201-9: a) add the following: " 1-1. In the course of the competitive process, after satisfying the monetary requirements of the citizens-participants of the construction, the requirements of the bank issuing surety for proper performance by the developer for transfer obligations are to be satisfied. The contract of participation in the equity construction that was transferred to it as a result of the secured obligations of the State. The requirements of the bank issuing surety for proper performance by the developer of the obligations on the transfer of residential premises under the equity-construction contract that were transferred to it as a result of the performance of the secured Surety of obligations for construction participants, who are legal persons, shall be subject to satisfaction in the fourth place. "; b) to supplement paragraph 1-2 as follows: " 1-2. Upon receipt by the construction participant on request (part of the claim) included in the register of claims of creditors, the insurance payment made by the insurer who insured the civil liability of the developer for failure or improper performance Execution of obligations on transfer of residential premises under the agreement of participation in equity construction in accordance with Federal Act of 30 December 2004 No. 214-FZ " On participation in the construction of apartment buildings and other real estate objects and of the Russian Federation The Federation " or the payment made by the bank for the proper discharge by the developer of the obligation to transfer the living space under the agreement of participation in equity construction, the amount of such requirement shall be reduced by the competitive bidding process. a person who is responsible for the payment of the payment made by the participant in the construction that received such payment or the person who made the payment. "; in) (Spaced by Federal Law dated 13 July 2015 N 236-FZ) Article 4 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 40; 2006, N 30, sect. 3287; N 43, sect. 4412; 2008, N 30, est. 3616; 2009, N 29, stop. 3584; 2010, N 25, 100. 3070; 2011, N 49, sect. 7015, 7040; 2012, N 29, 100 3998) The following changes: 1) Part 4 of Article 4 to complete paragraph 5 with the following wording: "5) ways to enforce the obligations of the builder on the contract."; 2) Article 12-1, amend to read: " Article 12-1. How to enforce the Contract Contract 1. In accordance with articles 13 to 15 of this Federal Act, the following obligations must be fulfilled by the developer on all contracts entered into for the construction (s) of the apartment building (s) and (or) other object 1) refund of funds contributed by the participant in the equity construction, in the cases provided for by this Federal Law and (or) the contract; 2) the payment to the participants in the equity construction due to it Compensation for damages and (or) as liquidated damages (penalties, penalties) due to non-performance, delay in performance or other improper performance of the obligation to transfer the share of construction and other due under the contract and (or) federal funds. 2. Performance of the developer's obligations on the transfer of accommodation to a party to all contracts entered into for the construction (s) of the apartment building (s) and (or) other real estate object on the basis of one permit construction, along with collateral, must be provided at the choice of the developer in one of the following ways: 1) the bank's surety in the manner prescribed by Article 15-1 of this Federal Law; 2) insurance for civilian liability of the developer for failure or improper performance The obligations of the transfer of accommodation to the party to the fractional part of the construction contract in accordance with the procedure established by article 15-2 of this Federal Law. "; 3) in article 15 -1: (a) of Part 1, amend to read: " 1. The performance of the developer's obligations under the contract may be ensured by the bank's sponsorship. In the event that a developer has chosen a guarantee as a means of securing its obligations, he is obliged to inform the participants of the equity construction of the terms of the sponsorship, as well as the details of the sponsor. Performance of the developer's obligations on the transfer of the dwelling to the party to the agreement is secured by a bank that satisfies the following requirements: 1) the existence of a banking licence The operations of the Central Bank of the Russian Federation, which specify the right to issue bank guarantees; 2) to carry out banking activities for at least five years; 3) the presence of a charter capital in the amount of at least 200 million rubles; 4) availability of funds " (capital) in the amount of at least one billion rubles; 5) compliance with the mandatory standards stipulated in the legislation of the Russian Federation on banks and banking activity on all reporting dates in the last six months; 6) the absence of a requirement by the Central Bank of the Russian Federation for the implementation of measures for the financial rehabilitation of the credit institution. "; b) in Part 2: paragraph 1 should read as follows: ' 1) sponsor's subsidiary liability to a participant Construction on the obligation of the developer for the transfer of the contractual accommodation in the contract price, but not less than the sum calculated on the basis of the total area of the accommodation to be transferred to the fractional part of the construction, and The average market value of one square metre of total housing in the constituent entities of the Russian Federation, which is defined by the federal executive authority responsible for the development and/or implementation of the State legal and regulatory framework in the field of construction, to be Application for the calculation of the size of the social benefits for all categories of citizens who receive these social benefits for the purchase, construction of accommodation at the expense of the federal budget, at the date of conclusion of the contract Surety. The teacher shall be responsible to the equity participant at the same level as the developer, including the penalty provided for by this Federal Law and the contract (penalties, penalties); "; , in paragraph 3, replace the words" six months " with the words "Two years"; in Part 4 of the words "under Part 2 of Article 12-1 of this Federal Law to the obligations of the developer" shall be replaced by the words "on the obligation of the developer to transfer the housing to the party contributor"; 4) add the following article 15-2 Content: " Article 15 -2. Liability insurance developer 1. Performance of the developer's obligations on the transfer of the dwelling to the party's share of the construction contract can be ensured by insurance of civil liability of the developer for non-performance or improper fulfillment of obligations on the part of the developer. The transfer of the accommodation under the contract by: 1) the participation of the developer in the civil liability insurance company of the developers (hereinafter referred to as the mutual insurance company), which has a corresponding licence for implementation and established solely for the purpose of implementing the the type of insurance; 2) the conclusion of the contract of insurance of civil liability of the developer for non-performance or improper fulfillment of obligations on the transfer of the living space under the contract (hereinafter-the insurance contract) with the insurance company An organization licensed to carry out this type of insurance in accordance with the laws of the Russian Federation on insurance and satisfying the following requirements: (a) insurance activity for at least five years; b) having its own funds of at least 400 1 million rubles, including authorized capital in the amount of at least 120 million rubles; (in) compliance with the financial stability requirements stipulated in the legislation of the Russian Federation on insurance, on all reporting dates. The failure to implement measures to prevent the bankruptcy of an insurance organization in accordance with the Federal Act of 26 October 2002, No. 1127-FZ "On insolvency (bankruptcy)"; (d) No decision by the Central Bank of the Russian Federation (Bank " (e) The absence of a decision of the arbitral tribunal to impose one of the procedures applied in the bankruptcy case, in accordance with the federal law of the Russian Federation, Act No. 127 of 26 October 2002 on insolvency (bankruptcy). 2. The developer is in the order and under the conditions established by this Federal Law, until the State registration of the contract concluded with the first participant of the equity construction, at his own expense, the insurance of civil liability for Failure or improper performance of the obligation to transfer the living quarters of the contract. 3. In the event that the developer chose insurance as a means of enforcing his or her obligations for the transfer of the accommodation under the contract, he was obliged to communicate the terms of insurance as well as the details of the insurance. A society of mutual insurance or an insurance organization (hereinafter-the insurer), which provides insurance of civil liability of the developer. 4. The terms of insurance shall be determined by the insurance rules adopted or approved by the insurer, taking into account the requirements set forth in this article. 5. Liability insurance of the developer for non-performance or improper performance of the obligation to transfer the living space under the contract shall be carried out in favour of the beneficiary-parties of the equity construction referred to in Part 6. of this article. 6. The beneficiaries under the insurance contract are citizens or legal entities (excluding credit organizations) whose funds have been used in accordance with this Federal Act for the construction (s) of the facility Construction on a contract for the transfer of a dwelling. It is permissible to replace the beneficiary specified in the insurance contract by another person in the case of an assignment of the right of claim under the contract with the notice of the insurer in writing. 7. The object of insurance is the property interests of the developer involved in its liability to the equity participants in connection with the non-performance or improper fulfillment of the obligations for the transfer of the living space under the contract. 8. An insurance case is the failure or improper performance by the developer of the obligations on the transfer of the contractual dwelling, confirmed by: 1) by a court decision to apply for bail pursuant to article 14 of this Federal Law; 2) by the decision of the arbitral tribunal to declare the debtor bankrupt and on the commencement of insolvency proceedings in accordance with the Federal Act of 26 October 2002, No. 127th FZ "On insolvency (bankruptcy)", and also extracts from the register of creditors ' claims of size, composition and both Meeting of the Meeting of the 9. The insurance contract is considered to be a prisoner from the date of the State registration of the participation agreement in the equity construction and acts until the period stipulated by the contract for the transfer of the equity construction to the developer of the equity construction. At the same time, the beneficiary retains the right to receive insurance compensation on an insurance event that took place within two years after the expiration of the stipulated contract of participation in the equity construction of the dwelling. 10. The minimum insurance amount under the insurance policy, within which the insurer is required to make an insurance claim, is calculated on the basis of the price of the contract and cannot be less than the amount calculated on the basis of The total area of the accommodation to be shared and the average market value of one square metre of total housing in the constituent entities of the Russian Federation, as defined by the federal authority the executive authority responsible for the development and/or implementation of the Public policy and regulatory framework in the area of construction, and is subject to the application of social benefits for all categories of citizens who receive these social benefits for acquisition, The construction of residential premises at the expense of the federal budget, at the date of the conclusion of the insurance contract. 11. The insurance contract may provide for the right of the insured person to pay the insurance premium in instalments in accordance with the procedure established by the insurance rules. The obligation to pay the insurance premium (part of the insurance premium) is considered to be performed by the insured person from the day the money was received in the bank account or in the counter of the insurer. 12. The insurance contract cannot establish a franchise (part of the non-refundable share of damages incurred by the contributor). 13. The insurance contract shall establish the obligation of the insurer to communicate to the insolvency representative the amount of the insurance compensation paid to the participants. 14. The Insurer is entitled to a claim to the developer in the amount of compensation paid in the case of the failure of the developer in the bankruptcy case, in accordance with article 10 of the Federal Act of 26 October 2002 N 127-FZ " O Insolvency (bankruptcy) ". 15. Termination or early termination of the insurance policy does not relieve the insurer of the obligation to pay insurance compensation for the insured events that occurred during the life of the insurance policy. In the event of the termination or early termination of the insurance policy, the insurer is required to notify the parties of the equity construction within seven working days. 16. The features of the creation and operation of the mutual insurance company, as provided for in this article, are established by the Federal Act of 29 November 2007 No. 286-FZ "On mutual insurance". "; (Paragraph in Federal Law of 23 July 2013. N 249-FZ) 5) in article 23: (a) Part 5, paragraph 3, supplemented by the words "as well as accounting records (including annual accounts) drawn up in accordance with the requirements of the legislation of the Russian Federation"; (b) In Part 7, Paragraph 3, replace "Part 2 of Article 12-1" with "Part 1 of Article 12-1". Article 5 Article 5 Amend Town Planning Code (Legislative Assembly Russian Federation, 2005, No. 16; 2006, N 1, est. 21; N 52, sect. 5498; 2008, N 20, st. 2260; N 30, sect. 3604, 3616; 2009, N 48, sect. 5711; 2010, N 48, 6246; 2011, N 13, sect. 1688; N 27, sect. 3880; N 30, est. 4563, 4572, 4590, 4591, 4594; N 49, est. 7015, 7042; 2012, N 31, sect. 4322) the following changes: 1) Part 20 of Article 51 should be supplemented with the following sentence: " In the case of an application for an extension of a building permit by a developer engaged on the basis of a contract A contract must be attached to such a declaration to participate in the equity construction, providing for the transfer of the accommodation, the money of citizens and legal persons to share the construction of the apartment building and (or) other real estate objects. Surety by the bank for the proper discharge of obligations by the developer Transfer of accommodation under the contract of participation in the equity construction or the civil liability insurance contract of the person involved in the funds for the equity construction of the apartment building and (or) other real estate (a developer), for failure or improper performance of the obligation to transfer the living space under the contract of participation in equity construction. "; 2), paragraph 2 of article 54, paragraph 2, should be supplemented with the following subparagraph: " (c) Applications and applications from citizens, including individual entrepreneurs, of legal entities, information from public authorities (officials of the state oversight body), local self-government bodies, and the media on the facts of attracting funds of citizens for equity construction. of apartment buildings and (or) other real estate objects in violation of the legislation on participation in the equity construction of apartment buildings and (or) other objects of real estate; ". Article 6 class="doclink " href=" ?docbody= &prevDoc= 102162485&backlink=1 & &nd=102118483 "target="contents"> N 286-FZ " On mutual insurance " (Russian legislature 2007, 2007, N 49, p. 6047), the following changes: 1) Article 4, paragraph 2, state: " (2) the risk of liability for causing harm to the life, health or property of others, and in cases stipulated by law, risk Liability for breach of contract (liability insurance); "; 2) in article 5: (a) Part 3 should read: " 3. Unless otherwise provided by this Federal Act, a society may be established on the initiative of at least five individuals, but not more than two thousand individuals and (or) at least three, but not more than five hundred legal persons persons who have called the general assembly, which is taken by the society, are formed by the organs of the public administration and the organs of control of the society. Society may also be created as a result of the reorganization of existing mutual insurance, a consumer cooperative or a non-profit partnership, with the exception of a society established under articles 23-1 and 23-2 of the present Federal Law. "; b) Part 4 should read: " 4. The number of members of a society may be at least five individuals and not more than two thousand individuals and (or) not less than three legal persons and not more than five hundred legal persons, unless otherwise provided by this Federal Act. The society is maintaining a list of members of society. "; in) to supplement Part 8 with the following content: " 8. The Mutual Insurance Society is obliged to publish in the mass media and (or) the Internet and telecommunications network (hereinafter referred to as the Internet), including on the official website of the company on the Internet: (1) Tired of society; (2) members of the society; (3) the order of termination of membership in the society and information about members of the society who have ceased to be members of society; 4) information on the decision taken to eliminate of society. "; 3) Part 3 of Article 6 to supplement paragraph 15-1 of the following Table of contents: "15 -1) information on branches and representative offices of the society;"; 4) of article 7, paragraph 3, should read: " 3. The members of the society are jointly responsible for the liability for the insurance liabilities of the society within the unincorporated portion of the additional contribution from each member of the society. This subsidiary liability means that in the event of an additional contribution by a member of the society, each member of the society is required to make a portion of the additional contribution in proportion to the entitlement of a member of the society an insurance premium. "; 5) in article 8: (a) Part 5 is supplemented by the words" unless otherwise provided by this Federal Law "; b) Part 7 is supplemented by the words" taking into account the characteristics of the present ". Federal Law "; 6) in article 10, paragraph 2: a) Paragraph 15 The following wording should be amended to read: "15) to decide on the source of the financing for the performance of mutual insurance for the reporting year;"; (b) paragraph 17 should read as follows: "17) decide to use the positive financial result of the mutual insurance for the reporting year;"; 7) Article 11: a) to supplement Part 6 as follows: " 6. The general assembly of members of society may be conducted in person or in the form of absentative voting, by means of ballot papers or electronic newsletters. "; b) may be supplemented with Part 7, reading: " 7. General meeting of the members of the society whose agenda includes the election or early termination of the powers of the members of the board of society, its chairman, members of the Audit Commission (auditor) of the society, its chairman and consideration Reports on their activities, as well as the appointment and (or) dismissal of the Director of the Society and the consideration of his or her activities, may not be conducted in the form of absentee voting. "; in) 8 reading: " 8. The agenda of the general assembly of the members of society shall be determined by the public administration and shall be sent to the members of the public together with the notification of the convening of the general assembly no later than thirty calendar days before the date of the general assembly of the members of society. The agenda of the general meeting of the members of society and the materials on the subject may be published in the general meeting of the members of the society of the media or be posted on the Internet and sent to the members of the society by mail, fax or e-mail. "; g) to be supplemented with Part 9, to read: " 9. At the general meeting of the members of society, a list of persons who have taken part in the general assembly is drawn up and the minutes of the general meeting are kept and signed by the presiding officer and the secretary. The document is accompanied by the documents of the audit commission and other commissions formed by the general meeting of the members of the society. The general meeting protocol is posted on the Internet or sent to members of the public through mail, fax or e-mail. "; 8) in article 17, paragraph 5, the words" and other means ", delete; 9) Part 2 Article 23, to be supplemented by the words "unless otherwise provided by this Federal Law"; 10) to supplement article 23-1 as follows: " Article 23-1. Implement mutual insurance civil liability of persons, attracting money for equity construction of apartment blocks and (or) other real estate objects (developers), for failure or improper performance of the housing transfer obligations under the equity participation contract 1. Mutual insurance of civil liability of persons attracting money for the construction of multifamily buildings and (or) other real estate objects (developers), for failure or improper performance of transfer obligations (hereinafter referred to as the mutual insurance of civil liability of the developer) is carried out in accordance with the requirements set out in Article 15-2 of the Federal Act of 30 December 2004. 214-FZ " On participation in the construction of multifamily buildings and other "The Federal Law" On participation in the share building of apartment buildings and other real estate objects and changes in some of the properties of the Russian Federation " OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. Mutual insurance of civil liability of developers is carried out on the basis of the insurance contract. 3. The insurance contract may be concluded for each co-construction site, in respect of which a member of the society consists of a contract of participation in equity construction under the Federal Act " On participation in equity construction of multi-family buildings and other objects of real estate and amendments to some legislative acts of the Russian Federation. The insurance contract may be concluded in respect of each participant of the equity construction, with which the member of the society has concluded the share-construction contract in accordance with the Federal Law " On participation in equity construction of multi-family buildings and other objects of real estate and amendments to some legislative acts of the Russian Federation ". The insurance rules should include: 1) a provision on the implementation of the insurance compensation of beneficiaries, including the procedure for the assessment and payment of liquidated damages for non-observance by society. Reimburse; (2) the order of beneficiaries of the insurance claim and the list of documents submitted by them; 3) the form of the insurance claim, the insurance policy, the insurance policy (at requirements), insurance claims and other documents; 4) The procedure for informing the public about receiving money from a member of the society and (or) as a result of the procedure of bankruptcy of a member of the society. 6. The payment of an insurance reimbursement to the beneficiary must be made within a period not exceeding thirty days from the date of submission of the documents by the beneficiary, irrespective of the existence and extent of the debt of a member of the society in the payment of the insurance premium. 7. The benefit of the beneficiary is based on the price of the contract of participation in the equity construction and cannot be less than the sum calculated on the basis of the total area of the accommodation to be transferred to the Participant Construction and average market value of one square metre of total housing in the constituent entities of the Russian Federation, defined by the federal executive authority responsible for the development and/or implementation of the public policy and regulatory framework Construction, and is to be applied for the calculation of the social benefits for all categories of citizens who receive these social benefits for purchase, construction of residential premises at the expense of the federal budget, on the date Presentation of documents by the beneficiary for such payment. 8. The beneficiary is entitled to apply to the society for the payment of insurance compensation from the date of the insurance event: 1) within the period of the limitation period, if the insurance case is confirmed by the court's decision on appeal In accordance with article 14 of the Federal Law "On participation in the construction of apartment buildings and other objects of real estate and on amendments to some legislative acts of the Russian Federation"; (2) prior to the day of completion of the insolvency proceeding in respect of the developer, if The claim is confirmed by the decision of the arbitral tribunal to declare the debtor bankrupt and to open the insolvency proceedings in accordance with the Federal Act of 26 October 2002, No. 127th FZ "On insolvency (bankruptcy)". "; 11) supplement Article 23-2 as follows: " Article 23-2. { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } Mutual insurance of civil liability of developers for non-performance or improper fulfillment of obligations on transfer of residential premises under the agreement of participation in equity construction is carried out by a single society of mutual insurance, created by developers, attracting money of the participants of the equity construction on the basis of the agreement of participation in equity construction in accordance with the Federal Law " On participation in the equity construction of apartment buildings and other objects and on the amendment of certain legislation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. The decision to establish a society for the mutual insurance of developers is adopted by the constituent assembly, which is convened by an organising committee formed by the federal executive body, which carries out functions for the elaboration of the state in the area of construction, in accordance with the procedure established by them. The Society for the Mutual Insurance of Developers cannot be reorganized. 3. To become a member of the mutual insurance company of the developers prior to its registration in accordance with the established procedure, as well as the modifications made to it shall be agreed upon with the federal executive authority, the competence of which is to carry out the functions of OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4. The number of members of the mutual insurance company of the developers should be at least 30 legal entities. 5. The Organizing Committee is acting on the basis of a provision approved by the head of the federal executive branch, which is responsible for the formulation of public policy and regulatory and regulatory requirements in the construction sector. 6. The main functions of the organizing committee are: 1) the development of the charter of the mutual insurance company of developers, the rules of the constituent assembly and other documents necessary for adoption by the constituent assembly of the charter Rules of procedure; (2) announcing the convening of a constituent assembly, making applications for participation as the founders of the society; 3) the selection of the founders of the society, the number of which cannot be less than thirty; 4) The organization and holding of a constituent assembly. 7. The founders of the society of mutual insurance of developers should meet the following requirements: 1) the founder should have experience (at least three years) of construction of apartment buildings with the participation of funds of the participants of the share The construction of physical and/or legal entities in accordance with the Federal Law "On participation in equity construction of apartment buildings and other objects of real estate and on amendments to some legislative acts of the Russian Federation"; (2) proceedings shall not be commenced against the founder 3) the founder cannot be in the stage of reorganization or liquidation; 4) the founder should not be required to suspend activities in accordance with the procedure established by the Russian Federation law; 5) the founder must comply with the Government of the Russian Federation's regulatory framework for assessing the financial sustainability of the developer. 8. The procedure for the selection of the founders of the society of mutual insurance of developers is approved by the federal executive body, which carries out the functions of drafting state policy and regulatory and legal regulation in the sphere of construction. 9. The Constituent Assembly shall be convened no later than ninety calendar days after the approval of the federal executive body responsible for the formulation of public policy and regulatory and regulatory control in the sphere Construction, regulations on the organizing committee and the procedure for the selection of the founders of the mutual insurance company. 10. The cancellation or early termination of the insurance policy does not exempt a member of the society of mutual insurance of developers from performing their duties to the community. The competent authority of the executive authorities of the constituent entity of the Russian Federation, which monitors and supervises the distributors of the Russian Federation, shall immediately inform the society of the dissolution or termination of the insurance contract. Construction of apartment buildings and (or) other real estate objects. 11. After the liquidation of the society, the members of the mutual insurance company jointly bear the subsidiary responsibility for the obligations of society on all prisoners before the society's liquidation of the insurance contracts. 12. The Society carries out information interaction with the authorized bodies of the executive authorities of the constituent entities of the Russian Federation, implementing in accordance with the Federal Law " On participation in the equity construction of blocks and other buildings. "Control and supervision of the equity construction of apartment buildings and (or) other objects of real estate with self-regulating organizations based on the law of the Russian Federation" on the membership of construction workers, other bodies and organizations working in the area of the equity construction of apartment buildings and (or) other real estate objects. 13. The Society for the Mutual Insurance of Developers, together with the information provided for in article 5, paragraph 8, of this Federal Law, is obliged to publish in the mass media and (or) post on the Internet, including on the official website The Internet site of the society, the regulation on the control of the targeted use of money, attracted or attracted by members of the society in the framework of the participation in equity construction. ". Article 7 1. This Federal Law shall enter into force on the date of its official publication, with the exception of the provisions for which this article has been set differently. 2. Articles 1, 3 to 5 of this Federal Law shall enter into force one year after the date of the official publication of this Federal Law. 3. Article 25-1 of Federal Act No. 122-FZ of 21 July 1997 on State registration of real property rights and transactions "(in the wording of this Federal Law), Articles 201-5 and 201-9 of the Federal Law of 26 October 2002 N. 127-FZ" on insolvency (bankruptcy) " (as amended by the present Federal Law), articles 4, 12-1, 15 -1, 15 -2 and paragraph 3 of part 7 of Article 23 of the Federal Law of 30 December 2004 N 214-FZ " On participation in equity The construction of multi-family buildings and other real estate objects and amendments to some legislative acts of the Russian Federation "(as amended by the Federal Law) and articles 51 and 54 Grain Building The Code of the Russian Federation (in the wording of this Federal Law) applies to the relations involved in attracting money from the parties to the construction (creation) of apartment buildings and other (or) other If the State registration of the first contract of participation in the construction is carried out after the day of entry into force of articles 1, 3 to 5 of this Federal Law. (In the wording of the Federal Law of 23.07.2013 } N249-FZ) 4. Until the expiry of the 100-day period after the official publication of this Federal Law, the federal executive body, which is responsible for the formulation of public policy and regulatory and regulatory measures in the sphere of human rights construction, must approve: 1) Organizational Committee clause; 2) the procedure for selecting the founders of the mutual insurance of civil liability of developers. President of the Russian Federation Vladimir Putin Moscow, Kremlin 30 December 2012 N 294-FZ