Advanced Search

On Amendments To Certain Legislative Acts Of The Russian Federation With Regard To The Protection Of The Rights And Legitimate Interests Of Citizens, Whose Funds Are Attracted For Construction (Creation) Of Houses And (Or) Other Real Estate Objects

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации в части защиты прав и законных интересов граждан, чьи денежные средства привлекаются для строительства (создания) многоквартирных домов и (или) иных объектов недвижимости

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
RUSSIAN FEDERATION FEDERAL LAW amending certain pieces of legislation of the Russian Federation to protect the rights and legitimate interests of citizens whose money funds are used for construction (creation) of apartment buildings and (or) other real estate objects Adopted by the State Duma on December 23, 2013 Approved by the Federation Council on December 25, 2013 year (In Federal Law of 13 July 2015. N 236-FZ Article 1 (Spconsumed by Federal Law of 13.07.2015) N 236-FZ) Article 2 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 40; 2006, N 30, sect. 3287; 2008, N 30, sect. 3616; 2010, N 25, 100. 3070; 2011, N 49, sect. 7040; 2012, N 53, sect. 7619; 2013, N 30, sect. 4074, 4082), the following changes: 1) in Article 15 -2: a) Part 8: " 8. The insurance case is the non-performance or improper performance by the developer of the obligations on the transfer of the contractual dwelling, confirmed by one of the following documents: 1) by a court decision to apply for bail under article 14 of this Federal Law; 2) by the decision of the arbitral tribunal to declare the debtor bankrupt and to open a competitive proceeding pursuant to Federal Act No. 127-FZ of 26 October 2002 " O Insolvency law (bankruptcy) ", as well as a statement from the register of creditors ' claims the size, composition and order of the requirements. "; b), Part 9 should read: " 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 insurance contract must ensure the right of the beneficiary to receive insurance compensation on an insurance event that occurred within two years after the expiry of the stipulated contract of participation in the equity construction "In the case of bankruptcy proceedings under article 10 of the Federal Act of 26 October 2002 on insolvency (bankruptcy)", delete; (2) Article 23 should be redrafted to read: " Article 23. State regulation, state control (supervision) in the area of equity construction of apartment buildings and (or) other objects of real estate 1. State regulation of the construction of apartment buildings and (or) other objects of real estate is carried out in accordance with this Federal Law by the authorized federal executive authority (hereinafter referred to as the federal law). The competent authority), as well as other federal executive bodies within their competence. 2. State control (supervision) in the area of equity construction of apartment buildings and (or) other objects of real estate is carried out in accordance with this Federal Law by the authorized body of the executive branch of the Russian Federation The Federation in whose territory the construction is carried out (hereinafter-the supervisory authority). 3. Authorized body: 1) to issue, within the limits of its competence, the regulatory legal acts necessary for the implementation of state regulation in the area of construction of multifamily buildings and (or) other objects Real estate; 2) to develop and publish guidelines on the practice of state control (supervision) in the area of ownership of multifamily buildings and (or) other real estate objects; (3) Request documents and information from control authorities; necessary for the implementation of state regulation in the area of equity construction of multifamily buildings and (or) other real estate objects; 4) to exercise other powers provided for by this Federal Law. 4. The competent authority coordinates the activities of the federal executive authorities in the implementation of the state policy in the area of equity construction of apartment buildings and (or) other objects of real estate The criteria according to which citizens whose funds are used for the construction of apartment houses and whose rights have been violated are among the victims and the rules of the supervisory authority of the registry of such citizens. 5. The Government of the Russian Federation sets out the standards for assessing the financial sustainability of the developer. 6. Supervisory authority has the right: 1) to control the target use of money paid by the developers on the contract, for the construction (s) of apartment buildings and other (or) other of immovable property under this Federal Law; 2) obtain from the federal executive authority authorized to carry out official statistical information functions, documents and Information needed to monitor the activities of the Developers involved in attracting money from the parties to the construction (creation) of multi-family buildings and (or) other objects of real estate; 3) receive from the federal executive authority, The Commissioner for the State Cadastre and Cadastre of the State Real Property Cadastre, as well as the authorities responsible for the registration of real property rights and transactions with the State. documents and information required for the control of the activities of developers involved in attracting money from the parties involved in construction (creation) of apartment buildings and (or) other real estate objects; 4) to receive money from persons attracting money Funds of citizens for construction, in accordance with article 11 of the Federal Act of 26 December 2008, No. 294-FZ " On protection of the rights of legal persons and individual entrepreneurs in the exercise of State control (supervision) and municipal The Conference of the States, State control (supervision) in the area of equity construction of apartment buildings and (or) other objects of real estate and whose list is established by the State authorities of the constituent entities of the Russian Federation; 5) receive from Local governments documents and information necessary for the implementation of state control (supervision) in the area of construction of apartment buildings and (or) other objects of real estate (including documents related to Construction of a multi-apartment house and (or) other real estate object); 6) to receive quarterly reports from the developer on the implementation of activities related to the attraction of funds of the parties involved in the construction (creation) of multi-apartment buildings and (or) other objects of real estate, including the performance of its obligations under the contracts, by means and in the manner prescribed by the Government Plenipotentiary of the Russian Federation, the federal executive branch, as well as the accounting records (in the case of Number of annual) prepared in accordance with the requirements of the law The Russian Federation; 7) to supervise the activities of the developers involved in attracting funds from the parties to the construction (establishment) of multi-family buildings and (or) other objects of real estate; 8) to monitor compliance with the requirements of this Federal Law, to consider complaints from citizens and legal entities related to violations of this Federal Law; 9) to send persons who involve funds of citizens for construction, requirements for OF THE PRESIDENT OF THE RUSSIAN FEDERATION The time frame for the elimination of such violations; 10) to take the measures necessary to attract the persons involved in the money of citizens to build (their officials) to the liability established by this Federal Law and of the Russian Federation offences; 11) to apply to the court with statements in defence of the rights and legitimate interests of the parties to the construction; 12) to exercise other powers under this Federal Act. 7. The supervisory authority shall recognize, in accordance with the criteria established by the competent authority, the criteria of citizens whose funds are used for the construction of apartment buildings and whose rights have been violated, the victims and the register of such persons. 8. In relation to the implementation by the supervisory authority of the State control (supervision) in the area of equity construction of apartment buildings and (or) other objects of real estate, organization and conduct of inspections of legal entities, apply the provisions of Federal Act No. 294-FZ of 26 December 2008 on the protection of the rights of legal persons and individual entrepreneurs in the exercise of State control (supervision) and municipal control, taking into account the particularities, of the present article. 9. The subject of verification is the compliance by persons who attract funds of citizens for construction, compulsory requirements established by this Federal Law and adopted in accordance with other normative legal acts of the Russian Federation. THE RUSSIAN FEDERATION 10. The grounds for the monitoring body in the territory of the constituent entity of the Russian Federation on which the construction is carried out is the expiry of one year from the date of issue to the person who attracts the money of the citizens Construction, building permits or the end of the last scheduled inspection of such a person in the territory of the constituent entity of the Russian Federation under construction. 11. The reason for the exceptional check is: 1) failure to perform a fixed term by the person holding the funds of citizens for the construction issued by the regulatory authority for the elimination of the breach of claims OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the quarterly report of the developer on the implementation Activities related to the attraction of funds of the parties involved in the construction (creation) of multi-family buildings and (or) other objects of real estate, accounting records (including annual) made in accordance with OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3) the receipt of the appeals body and Citizens ' statements, including individual entrepreneurs, legal entities, information from government authorities, local authorities, mass media, information and telecommunication network Internet on facts OF THE PRESIDENT OF THE RUSSIAN FEDERATION Self-governance; (4) Order (Order) Head (deputy head) of supervisory authority on an unscheduled inspection issued in accordance with the instruction of the President of the Russian Federation or the Government of the Russian Federation or the supreme executive body OF THE PRESIDENT OF THE RUSSIAN FEDERATION Prosecutor for unscheduled inspection of the enforcement of laws The Office of the Procurator-General of the Ministry of Public Prosecutions 12. An exceptional inspection of the grounds referred to in paragraph 4 of part 11 of this article may be carried out by the supervising authority immediately with the notification of the Public Prosecutor's Office in the manner prescribed by article 10, paragraph 12, of the Federal Act. On 26 December 2008, N 294-FZ "On the protection of the rights of legal persons and individual entrepreneurs in the exercise of State control (supervision) and municipal control". 13. The prior notification of the person holding the funds of the citizens for construction is not permitted under paragraph 4 of part 11 of this article. 14. A person who attracsums money from citizens for construction, which is directed by the controlling authority in accordance with paragraph 9 of Part 6 of this Article, shall be entitled to apply within three months from the date of the direction of the said order to the arbitral tribunal with a declaration of acceptance of the said order illegal. An appeal to an arbitral tribunal with a declaration of acceptance of the said order unlawfully does not suspend its application. The procedure for dealing with such a declaration, the procedure for its consideration and the procedure for deciding on the application for recognition of the order is determined by the law on the proceedings before the arbitral tribunals. 15. The Supervisory Authority has the right to apply to the arbitral tribunal to suspend for a certain period the activity of the developer involved in attracting the funds of the parties involved in the construction (creation) of multi-apartment buildings and (or) other real estate objects, in the case of: 1) more than 30 days in the reporting period provided for by this Federal Law; 2) the developer fails to comply with the regulations financial sustainability of its activities The Government of the Russian Federation; 3) the developer does not meet the requirements of the participants in the construction of the money obligations under Part 1 of Article 12-1 of this Federal Law, and (or) does not comply The obligation to transfer the co-construction site within three months from the date of satisfaction of such claims and (or) performance of such obligation. In addition, the requirements in aggregate must be at least 100,000 rubles; 4) the developer did not comply with the requirements of this Federal Law, as well as other regulatory legal acts. provided that, within one year, two or more times the measures provided for in this Federal Act were applied to the developer. 16. The Supervisory Authority has the right to apply to the Arbitral Tribunal for the liquidation of a person who attracsums the money of the citizens for construction in the event of a repeated or gross violation of the requirements of this Federal Act or adopted in in accordance with other laws and regulations, as well as in other cases provided for by federal law. 17. In the case of an appeal to the arbitral tribunal with the declarations provided for in parts 15 and 16 of this article, the supervising authority within five working days of the date of entry into force of the decision of the arbitral tribunal to remove the person involved in the money Citizens for construction or suspension of activities by the developer involved in attracting funds from the parties to the construction (establishment) of multi-family buildings and (or) other real estate objects, The obligation to notify the authorities that are exercising State registration of rights in the immovable property and transactions with it, on the entry into force of the relevant court decision. ". Article 3 Article 1, Part 4, of the Federal Law N 294-FZ of 26 December 2008 "On protection of the rights of legal persons and individual entrepreneurs in the conduct of state control (supervision) and municipal control" (Assembly of Russian legislation, 2008, N 52, sect. 6249; 2009, N 18, sect. 2140; N 29, st. 3601; N 52, sect. 6441; 2010, N 17, sect. 1988; N 31, sect. 4160, 4193; 2011, N 17, sect. 2310; N 30, sect. 4590; N 48, st. 6728; 2012, N 26, est. 3446; 2013, N 27, sect. 3477; N 30, est. 4041) supplement paragraph 28 with the following: "28) Regional State control (supervision) in the equity construction of apartment buildings and (or) other real estate objects.". Article 4 Article 4 Article 5 of the Federal Law of 30 November 2011, No. 349-FZ "On amendments to the federal law" On the promotion of housing development " and Assembly of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 7027), the following changes: 1) Part 2: " 2. The requirements of article 110, paragraph 1, and article 111, paragraph 1, of the Housing Code of the Russian Federation (in the wording of this Federal Act) apply to housing cooperatives and housing cooperatives established after the date of entry into force. of this Federal Law. "; 2) to be supplemented with Part 2-1 as follows: " 2-1. The provisions of article 110, paragraphs 2 and 3, of the Housing Code of the Russian Federation (as amended by the present Federal Act), establishing that the housing cooperative and housing cooperative in accordance with the law on urban planning The activities are used as a developer and are applied to housing cooperatives and housing cooperatives when they are authorized to build after the day of entry into force of this Federal Law. ". Article 5 1. This Federal Act shall enter into force on 1 January 2014, with the exception of articles 1 and 2 of this Federal Act. 2. Articles 1 and 2 of this Federal Law shall enter into force on 2 January 2014. President of the Russian Federation Vladimir Putin Moscow, Kremlin December 28, 2013 N 414-FZ