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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 On amendments to selected legislative acts Russian Federation adopted by the State Duma on July 1, 2015 As approved by the Federation Council on July 8, 2015 (In the wording of the Federal Law of 29.12.2015) g. N 407-FZ) Article 1 Registration of real property rights and transactions " (Legislative Assembly of the Russian Federation, 1997, N 30, art. 3594; 2001, N 16, sect. 1533; 2002, N 15, sect. 1377; 2003, N 24, sect. 2244; 2005, N 1, st. 22, 40; 2006, N 30, sect. 3287; 2008, N 20, 100 2251; 2009, N 1, article 14; N 52, sect. 6410; 2010, N 25, 100. 3070; 2011, N 23, 100 3269; N 27, est. 3880; N 48, sect. 6730; N 49, sect. 6071; N 50, sect. 7347; 2012, N 29, est. 3998; N 31, st. 4322; N 53, sect. 7619; 2013, N 30, sect. 4072, 4083, 4084; 2014, N 11, st. 1098; N 26, est. 3377; N 30, est. 4225; N 48, sect. 6637; N 52, sect. 7558; 2015, N1, st. 10, 39, 52; N 10, st. (1418) The following changes: 1) Article 7 to be supplemented with paragraph 3-1 as follows: " 3-1. The information provided in accordance with Article 25-1 of this Federal Law is provided by the State registration authority at the request of the Bank of Russia or the Commissioner for Implementation Control and supervision of the equity construction of multifamily buildings and (or) other immovable property of the executive authority of the constituent entity of the Russian Federation, in whose territory the construction of the apartment building is carried out and (or) a different real estate object. "; 2) in Article 25-1: (a) Paragraph 2: paragraph 6 of the supplement to add the words "(hereinafter referred to as the insurance contract), as well as a document confirming the payment of the insurance premium (part of the insurance premium) under the insurance contract"; be supplemented by the words "(hereinafter referred to as the contract of sponsorship), as well as a document confirming the payment of remuneration under the contract of sponsorship"; paragraph 10 after the words "of this paragraph," should be supplemented with the words "and the proof of payment". The insurance premium (part of the premium) under such a contract (a) Paragraph 3, add the following paragraphs to the following paragraphs: " In subsection III of the section open to land on which the real estate property is to be built, The State register of rights is also recorded on how to ensure that the developer has fulfilled the obligations under the contract of participation in the equity construction, including: props of the contract of surety and the name of the guarantor, or the particulars of the insurance contract and the name of the mutual insurance company Developers or Insurance Organization; the duration of the surety contract or insurance contract; insurance amount under the insurance contract or amount (size) of the guarantee granted; termination date or the termination date of the guarantee upon receipt of the relevant information from the insurance organization, the mutual insurance company of the developers or the guarantor who is a party to the contract in question. "; (c) paragraph 3-1 complete the following "(5) termination or termination of the insurance or contract of sponsorship provided for in paragraph 2 (4) of this article, in respect of the accommodation in the immovable property being created.". Article 2 Article 2 of the Code of Administrative Offences of the Russian Federation 2002, N 1, st. 1; 2003, N 27, sect. 2717; N 46, sect. 4434; N 50, st. 4847, 4855; 2005, N 1, st. 37, 40, 45; N 13, st. 1075; N 19, est. 1752; N 27, sect. 2719; N 30, est. 3124; N 50, sect. 5247; N 52, sect. 5574; 2006, N 1, st. 4; N 18, sect. 1907; N 30, sect. 3287; N 31, sect. 3433, 3438; 2007, N 16, sect. 1825; N 26, est. 3089; N 30, est. 3755; N 31, st. 4007; N 43, sect. 5084; 2008, N 20, sect. 2251; N 52, sect. 6236; 2009, N 23, sect. 2776; N 29, st. 3597, 3599, 3642; N 48, sect. 5711, 5755; 2010, N 1, st. 1; N 21, sect. 2530; N 25, st. 3070; N 31, st. 4208; N 32, sect. 4298; N 52, sect. 6984; 2011, N 1, st. 23; N 27, est. 3881; N 30, est. 4585, 4598, 4601; N 48, st. 6728; N 49, sect. 7061; N 50, sect. 7345, 7346, 7351; 2012, N 19, st. 2281; N 31, st. 4320; N 47, sect. 6404; N 53, sect. 7602; 2013, N 19, 2325; N 23, st. 2871; N 26, est. 3207; N 30, sect. 4027, 4029, 4031, 4033, 4082; N 43, est. 5444; N 44, est. 5624; N 48, sect. 6165; N 49, sect. 6327; N 51, sect. 6683, 6685, 6695; N 52, st. 6981, 6986; 2014, N 19, st. 2306, 2317, 2324, 2326; N 26, st. 3366; N 30, est. 4214, 4218, 4256, 4264; N 42, sect. 5615; N 52, sect. 7541; 2015, N 1, est. 29, 35, 37, 74, 83, 85; N 13, st. 1811; N 24, sect. 3367) the following changes: 1) Paragraph 2 of Article 13.19-2 after the words "for legal persons engaged in the management of apartment buildings-thirty thousand roubles;" to supplement the words " to legal persons, Construction of multi-family houses, 100,000 roubles; "; 2) to article 14.28, to be supplemented by Part 5, reading: " 5. Failure to provide a person who provides, in accordance with the legislation, to participate in the construction of multifamily buildings and (or) other objects of real estate, the performance of the obligations of the developer for the transfer of the dwelling under the contract of participation in the In accordance with the provisions of the Convention on the Rights of the surety- entails an imposition of an administrative fine on the Officials in the amount of 5,000 to fifteen thousand rubles; legal entities-from 50,000 to 200 thousand rubles. "; 3) to supplement article 14.28-1 with the following content: " Article 14.28-1. Failure to comply with the requirement to maintain a register of the members of the housing cooperative building cooperative of the apartment building Non-fulfillment of the housing cooperative, The construction of a multi-apartment house, the responsibility for maintaining a register of members of the housing cooperative- entails the imposition of an administrative fine on officials in the amount of 5,000 to fifteen thousand roubles; Legal entities-from 20,000 to 100,000 rubles. " 4) Part 1 of Article 23.55 after the words "art. 13.19-2", after the words "(except for administrative offences committed by housing cooperatives that construct apartment buildings)"; "Article 14.28 and Part 4 of Article 19.5" shall be replaced by the words "Part 1 of Article 13.19-2 (for administrative offences committed by housing cooperatives engaged in the construction of multifamily housing"). (...) (...) Article 3 To make the Federal Law October 26, 2002 N 127-FZ "On insolvency (bankruptcy)" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4190; 2011, N 29, sect. 4301; N 49, sect. 7015, 7024; 2012, N 53, sect. 7619; 2013, N 27, sect. 3481; N 52, sect. 6979) The following changes: 1) paragraphs 1 and 2 of Article 201-5 should read: " 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 determined by the date of introduction of the bankruptcy procedure to the developer for the construction participant), which was to be transferred to the construction participant and the amount of the money paid by A contract providing for the transfer of a dwelling, and (or) cost The property transferred to the property developer (as defined by the contract providing for the transfer of the accommodation). Exceeding the amount of money paid under 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 determined by the date of introduction of the procedure, which is applied in the bankruptcy case to the developer, in which the construction participant is required to be transferred to the construction participant, cannot be the basis for the participant's monetary claims to be reduced of construction or other negative consequences for such a construction participant. "; 2) in article 201-9: (a) paragraph 1-1 should read: " 1-1. In the course of the competition, in the third place, after satisfying the monetary requirements of the citizens-participants of the construction, the requirement of the person providing for in accordance with the Federal Act of December 30, 2004 No. 214-FZ is to be satisfied "On participation in the construction of apartment buildings and other real estate objects and amendments to some legislative acts of the Russian Federation" by the developer of obligations on the transfer of residential premises under the contract of participation in the equity construction, which resulted in the execution of -secured obligations to the citizens-participants in the construction. The requirements of the person providing for the participation in the equity construction of apartment buildings and other real estate objects and making changes in some legislative measures in accordance with the Federal Act of 30 December 2004 OF THE PRESIDENT OF THE RUSSIAN FEDERATION Legal entities, to be satisfied in the fourth place. "; (b) Paragraph 4, paragraph 4, shall be deleted; 3) in article 201-10, paragraph 3, subparagraph (1), the word "article;" should be replaced by " articles. In determining the size of the requirements of construction participants included in the register of accommodation requirements, the amount of the loss in the form of real damage determined in accordance with article 201.5, paragraph 2, of this Federal Act is also taken into account. Law; "; 4) in article 201-11, paragraph 3, subparagraph 3, replace the word" law "with" the law. In determining the size of the requirements of construction participants included in the register of accommodation requirements, the amount of the loss in the form of real damage determined in accordance with article 201.5, paragraph 2, of this Federal Act is also taken into account. of the law; ". Article 4 Add to the Housing Code of the Russian Federation (Assembly of Laws of the Russian Federation, 2005, No. 1, Art. 14; 2011, N 23, est. 3263; N 49, est. 7027; 2014, N 30, sect. 4264) the following changes: 1) Part 3 of Article 110 to be supplemented with the following sentence: " Housing and construction cooperative, with the exception of housing cooperatives, which are provided for by the Federal Act of 24 July In 2008, N 161-FZ "On the promotion of housing development", it is not right to simultaneously build more than one apartment house with more than three levels. "; 2) Article 117, paragraph 1, after" General The members of the housing cooperative "supplement the words", if not is provided for in this Code, "; 3) to supplement articles 123 to 1 and 123-2 as follows: " Article 123-1. The organization and activities of the building cooperative of building apartment building 1. The housing cooperative, which is responsible for building blocks of flats at the expense of the members of the cooperative, must be placed in the system in accordance with the federal executive authority exercising the functions of The development and implementation of public policy and regulatory and legal regulation in the sphere of information technologies, in conjunction with the federal executive body responsible for the formulation and implementation of public policies, and Legal and regulatory framework in the area of housing and utilities The number of members of a housing cooperative; the number of members of the housing cooperative; and the number of members of the housing cooperative; of the apartment building in which the members of the housing cooperative; (3) the rights of the housing and construction cooperative to the land plot, including the details of the right to the construction of the land land plot, land ownership information (in if the housing construction cooperative is not the owner of the land), the cadastral number and the land plot provided for the construction of the apartment building, information about the elements of the improvement; 4) the location of the apartment building under construction, and its description according to the project documentation on the basis of which the construction permit was issued; 5) the number of apartment blocks in the apartment building of the house, description of the technical characteristics of such accommodation in the Compliance with the project documentation, as well as the modification of the information in the case of changes to the project design document; 6) the expected date of receipt of the entry into service of the construction apartment building. 2. The Housing and Building Cooperative is required to provide, upon request by a member of this cooperative, for information, including through the system: 1), the conclusion of the examination of the project documents, if such expertise is established federal law; 2) project documents that include all the changes made to it; 3) documents confirming the rights of the housing cooperative to the land; 4) general protocols meetings of the members of the housing and construction cooperative Board and audit committee (auditor); 5) supporting voting documents, including ballot papers, and power of attorney to participate in the general assembly of members of the housing cooperative or copy of such power of attorney; 6) the conclusion of the audit commission (auditor) of the housing cooperative; 7) other documents provided for in this Code, the charter of the housing cooperative and its internal by the decisions of the general assembly of members of the cooperative. 3. The housing cooperative is required to maintain, including in the system, a registry of its members containing the following particulars: 1) the surname, the name and (if any) the patronymic of a member of the housing cooperative or in the case of a member the housing cooperative is a legal entity, the name of the legal entity; (2) the definition of a specific dwelling in accordance with the project document, the ownership of which is acquired by the member housing cooperative in case of payment of the full contribution of the paw contribution; 3) Size of opening and meeting contributions for each member of the housing cooperative. 4. The decision of the general meeting of the members of the housing cooperative on the issue of changes to the project documents shall be deemed to have been accepted, provided that more than three fourths of the members of the housing cooperative have voted for it, present at such a general meeting. 5. In accordance with the legislation on participation in the equity construction of apartment buildings and (or) other objects of real estate, state control (supervision) in the area of equity construction of apartment buildings and (or) other objects The authorized body of the executive authority of the constituent entity of the Russian Federation, in whose territory the construction of the apartment building is under way (hereinafter referred to as the controlling authority), receives the information contained in the register. members of the housing cooperative, as well as other information, as provided for in this article, from the system. Article 123-2. The control of the activities of the housing construction of the cooperative 1. Monitoring of the activities of the housing cooperative relating to the participation of members of the cooperative for the construction of a multi-apartment building, as well as the observance by the housing cooperative of the requirements of article 110, part 3, of the housing cooperative The Code, except for the subsequent maintenance of the apartment block, and articles 123 to 1 of this Code shall be implemented by the controlling authority. Upon completion of the construction of the apartment building and obtaining a permit for its commissioning, State housing supervision is carried out in accordance with the procedure provided for in article 20 of this Code. 2. The supervisory authority has the right: 1) to receive from the federal executive authority authorized to carry out official statistical information functions and its territorial bodies Documents and information necessary to monitor the activities of the housing cooperative relating to the use of the members of the cooperative for the construction of a multi-apartment building; 2) to receive from local authorities documents and information required for the Monitoring the construction cooperative of a cooperative housing cooperative for the construction of a housing cooperative of the multi-apartment building; 3) Part 4 of this article reviews the operation of a housing cooperative, involving the members of the cooperative for the construction of a multi-apartment building; 4) to require the housing and construction administration authorities (a) Cooperatives for the elimination of detected violations; 5) To consider complaints by citizens and legal entities associated with violations by the housing cooperative of the requirements of article 110, paragraph 3, of this Code, except for the subsequent maintenance of the apartment building, and articles 123 to 1 of this Code; 6) to apply to the court for the protection of the rights and legitimate interests of members of the housing cooperative who are involved in the construction of the apartment building in the event of a violation of such rights and interests; 7) to be sent to the building Article 110 of this Code, with the exception of the maintenance of the apartment building, and article 123-1 of this Code, and set a time limit for the elimination of violations of the requirements of article 110, paragraph 3, of the Code. of such violations; 8) to take the measures necessary to bring the housing cooperative, its officials to the responsibility set out in the present chapter and legislation of the Russian Federation on administrative matters. Offences. 3. In the event that the housing cooperative fails to comply with the time limit set by the monitoring body to resolve the violations identified, as well as if these violations constitute a real threat to the rights and legitimate interests of the members The housing cooperative, the supervising authority is entitled to order the suspension of the activities of the housing cooperative in order to recruit new members of the cooperative until the housing cooperative is eliminated. violations. In the event of failure to comply with its preceptions by the housing cooperative, the supervisory authority is entitled to apply to the court for the liquidation of the cooperative. 4. A check of the housing cooperative cooperative for the construction of a multi-apartment building is subject to compliance by the housing cooperative with the mandatory requirements of part 3 of the article 110 of this Code, except for the subsequent maintenance of the apartment building, and articles 123 to 1 of this Code. 5. The grounds for the monitoring body in the territory of the constituent entity of the Russian Federation on which the construction is to be conducted is the basis for the expiry of one year from the date of issuance of the permit to the housing and construction cooperative. Construction, or from the end of the last scheduled inspection of such a cooperative on the territory of the constituent entity of the Russian Federation, which is under construction. 6. The reason for the unscheduled check is: 1) failure to comply with the requirement of the regulatory body issued by the controlling authority to eliminate the violation of the requirements of article 110, part 3, of the regulatory authority. The Code, except for the subsequent maintenance of the apartment house, and articles 123 to 1 of this Code; (2) the entry into the controlling body of appeals and applications of citizens, including individual entrepreneurs, legal persons, Information from the public authorities, local authorities and Self-government, the media, the Internet telecommunications network and the system of violations of the requirements of article 110, part 3, of the Code, except for the subsequent maintenance of the apartment block, and Article 123-1 of this Code; 3) the requirement of the prosecutor to conduct an unscheduled inspection as part of the supervision of the execution of laws on the materials and appeals received by the procuratorial authorities. ". Article 5 Article 5 Federal law dated 30 December 2004 N 214-FZ " On participation in the construction of apartment buildings and other real estate objects and changes to some legislative changes 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. 7015, 7040; 2012, N 29, 100 3998; N 53, st. 7619; 2013, N 30, sect. 4074, 4082; N 52, sect. 6979; 2014, N 26, est. 3377) the following changes: 1) Article 2, paragraph 1, after the words "housing construction") "to be supplemented by the words", article 39, paragraph 2, article 39-10 of the Russian Federation Land Code; 2) in Part 1 of Article 3 of the Treaty In addition to the words "to replace" with the words "or article 39 (2) (15) of the Land Code of the Russian Federation, the contract for free"; (3) in article 15 -1: (a), add the following: " 7) inclusion in the register of accounts in the deposit insurance system; and Absence of a ban on the deposit of funds of individuals and the opening and maintenance of bank accounts of individuals in accordance with Federal Act No. 177-FZ of 23 December 2003 on insurance of deposits of individuals in banks of the Russian Federation "."; b) to be supplemented by Part 1-1, as follows: " 1-1. Information on banks that comply with the requirements laid down in Part 1 of this article is to be placed on the official website of the Central Bank of the Russian Federation on the Internet Information and Telecommunications Network. "; be supplemented by Part 3-1, as follows: " 3-1. In the event of termination of sponsorship prior to the expiration of part 2, paragraph 3, of this article, the guarantor is required to send a notification to the State exercising control (supervision) in the area of shares. The construction of apartment buildings and (or) other objects of real estate is the authorized body of the executive power of the constituent entity of the Russian Federation, in whose territory the construction of the apartment building and (or) other real estate is carried out, within seven working days of the date of termination of the sponsorship and in 3 working days from the date of termination of the sponsorship to the authority exercising state registration of rights to immovable property and transactions with it. "; g) to be supplemented with Part 3-2 as follows: " 3-2. In the case of withdrawal of a banking licence from a credit institution with which a developer has entered into a contract of sponsorship in accordance with this article, or the appointment in such a credit institution of the interim administration Developers within fifteen days from the date of withdrawal of the licence or appointment of the provisional administration, whichever is the previous one, is obliged to conclude a contract of sponsorship with another credit institution or in accordance with Article 15-2 of this Federal Act to participate in the society insurance or surround insurance. The developer is entitled to waive the sponsorship contract in the case of withdrawal of the banking licence from the credit institution. "; 4) in article 15 -2: a) in paragraph 2 of Part 1: , in the first paragraph, "license for this type of insurance in accordance with the laws of the Russian Federation on insurance" shall be replaced by the words " the licence to carry out voluntary property insurance, Central Bank of the Russian Federation "insurance of civil liability for non-performance or improper performance of obligations under the contract of insurance" rules of insurance "; in subparagraph (b) replace" at least 400 million roubles "with the words" at least 1 billion "In the absence of the requirements of the Central Bank of the Russian Federation regarding non-compliance with the requirements for financial stability and solvency;"; b) to be completed with Part 1-1, as follows: " 1-1. Information on insurance organizations which comply with the requirements laid down in Part 1 of this article shall be placed on the official website of the Central Bank of the Russian Federation on the Internet. "; in) to be completed with Part 1-2 as follows: " 1-2. The insurance company shall, when entering into an insurance contract, submit to the developer documents demonstrating compliance with the requirements specified in paragraph 2 of Part 1 of this Article. In support of compliance with the requirement referred to in subparagraph 2 (a) of paragraph 2 of Part 1 of this article, the insurance organization, at the request of the developer, provides him with a document issued by the Central Bank of the Russian Federation and confirming the absence Its requirements for failure to meet the requirements of financial stability and capacity to pay within six months prior to the date of receipt of the said request. "; ), Part 6, amend to read: " 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. The beneficiaries of the insurance contract may be credit organizations that have obtained the rights of the share building requirement arising from the contract of participation in the equity construction, as a result of leaving the subject of the mortgage in According to the Federal Law of 16 July 1998, No. 102-FZ "On mortgage (real estate mortgage)". It is permissible to replace the beneficiary specified in the insurance contract by another person in the case of assignment of the right of claim under the contract with the notice of it in the written form of the insurer. "; d) in Part 7 of the word" related thereto ". (e) Paragraph 1 of Part 8, paragraph 1 (e), should read: (1) under article 14 of this Federal Law; "; f) Part 15 Amend the text as follows: " 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 contract, the insurer is required to notify the parties to the equity construction and the State control (supervision) in the equity construction of the apartment buildings and (or) The competent authority of the executive authorities of the constituent entity of the Russian Federation, in whose territory the construction of a multi-apartment building and (or) other real estate, is carried out within seven working days, as well as in the 3 working days-public authority Registration of real property rights and transactions. At the same time, the developer is obliged to conclude another insurance policy within fifteen days of the date of termination or early termination of the insurance policy. In the case of withdrawal of a licence to make a voluntary property insurance scheme for an insurance company with which an insurance contract has been concluded in accordance with this article, or the appointment in such an insurance organization is temporary The administration of the developer within fifteen days from the date of withdrawal of the license or appointment of the provisional administration of an insurance organization, depending on which event occurred before, is obliged to conclude an insurance agreement with another insurance company. or participate in a society of mutual insurance, or in accordance with Article 15-1 of this Federal Law to sign a suretyship. "; 5) paragraph 11 of article 21, paragraph 11, shall be supplemented with the words" (information on the contract of insurance or a contract of sponsorship, including the props of the relevant treaty, Information on the guarantor or insurer (name, tax identification number, principal State registration number, location), of the equity interest in respect of which the insurance contract has been concluded, or guarantees) "; 6) paragraph 8 of part 6 of article 23 After the words "to monitor compliance with the requirements of this Federal Law," add the words " including requesting the Central Bank of the Russian Federation to obtain information on the conformity of the bank with which the developer has concluded the contract a guarantee or an insurance organization with which the developer has concluded the insurance contract, the requirements of this Federal Law, and also ". Article 6 Article 6 of the Federal Law of November 29, 2007 N 286-FZ "On mutual insurance" (Legislative Assembly Russian Federation, 2007, N 49, 6047; 2012, N 53, sect. 7619; 2013, N 30, sect. 4084; 2014, N 45, sect. The following changes: 1) in Article 5: a) Part 3: " 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 or on the initiative of at least five individuals and at least three persons Legal entities, but not more than two thousand individuals, and not more than five hundred legal persons who have formed a general assembly, which takes the society tired of society, are formed by the organs of public administration and the organs of control of the society. A society may also be created as a result of the reorganization of a legal entity, including in the form of a transformation, in accordance with the legislation of the Russian Federation, with the exception of a society established under articles 23 to 1 and 23 to 2 of this Federal Law. "; b) in Part 4, the first sentence should read:" The number of members of society may not be less than five individuals, but more than two thousand individuals or less than five individuals and less than three legal entities, but more than two thousand individuals and more than five hundred If not otherwise provided by this Federal Law. "; 2) Part 1 of Article 9 is supplemented by the words" unless otherwise provided by this Federal Law "; 3) in part 2 of article 23 of the word" two thousand (for (persons) and (or) 500 (for legal persons) "shall be replaced by the words" two thousand individuals or two thousand individuals and five hundred legal persons "; 4), to supplement articles 23 to 3 as follows: " Article 23-3. Trustee of the Mutual Insurance Society of the Developers ' Society 1. The Board of Trustees of the Society of Mutual Insurance of Developers (hereinafter the Board of Trustees of the Society) is a collegial deliberative body. 2. The members of the Board of Trustees of the Society shall be elected by the general assembly of members of society in accordance with the procedure established by this Federal Law for a term of three years. 3. The Board of Trustees is composed of nine members-three representatives of the Government of the Russian Federation, one representative of the Bank of Russia, three independent experts, the Chairman of the Board of the Society and the Director of the Society. The Director of Society is a member of the Board of Trustees of the Society. 4. The independent expert is recognized as a member of the board of trusteers of a society which was not, and was not, one year prior to his election by the general assembly of members of society to the Board of Trustees of the Society: 1), that a single executive organ of society, including a member of the board of society; 2), a person, spouse, parents, children, half-and non-half-full brothers and sisters, adoptive parents and adopted persons, occupying posts in the public administration. 5. The director of society shall send a request to the Government of the Russian Federation and the Bank of Russia to the Government of the Russian Federation and the Bank of Russia no later than thirty calendar days before the date of the general meeting of the members of the society on the election of the members of the board of trustee of the society. Submission of nominations to the Board of Trustees of the Society. 6. Independent experts are nominated by the general assembly of members of society. 7. The members of the Board of Trustees have the right to combine their membership in the Board of Trustees of the Society with the replacement of the State position of the Russian Federation, the State position of the constituent entity of the Russian Federation and the municipal post; posts in the state or municipal service, posts in the Bank of Russia. 8. The chairman of the Board of Trustees is elected by the Board of Trustees. The election of the chairman of the board of trusteers of the Society shall be made by a majority of the total number of members of the board of directors of the society. 9. Meetings of the Board of Trustees of the Society shall be convened by the chairperson or on the initiative of not less than one third of the total number of members of the board of trusteers as necessary, but at least every six months. 10. The Board of Trustees of the Society has the power to make decisions if at least half of its members are present. The decisions of the Board of Trustees of the Society shall be made by a simple majority of the members present at the meeting of the board of directors of the society. If the number of votes is equal, the chair of the meeting of the Board of Trustees is decisive. 11. The meeting of the Board of Trustees is held by the chairman of the Board of Trustees of the Society and, in his absence, by the person authorized by the chairperson of the Board of Trustees of the Society. 12. The minutes of the meeting of the Board of Trustees of the Society shall be signed by the chairperson of the Board of Trustees of the Society. The opinions of the members of the board of trusteers of the society who remain in the minority shall be recorded on the basis of their request. 13. The Board of Trustees is responsible for the following issues: 1) review of the directors ' reports of the society; 2) making recommendations on issues included in the agenda of the general assembly of members of society; 3) consideration of the society's plans for the next fiscal year, including financial plans, and public reports on the activities of the society as a result of the financial year; 4) Review of annual report, annual accounting (financial) reporting society, the audit committee (auditor) of the society on the results of the audit of the annual report and the annual accounting (financial) accounts of the society. 14. The Board of Trustees is entitled to request from the Board of Society and the Director of the Society any information relating to the activities of society and within the competence of the Board of Trustees of the Society in accordance with Part 13 of this article. 15. The Board of Trustees has the right to send a representative from among its members to participate in the general meeting of the members of society and the board meeting of the society. 16. All decisions of the Board of Trustees are recommendatory in character. ". Article 7 Article 1, paragraph 28, 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; N 52, sect. 6961, 6979, 6981; 2014, N 26, st. 3366; N 30, est. 4220, 4235, 4243; N 42, sect. 5615; N 48, sect. 6659; 2015, No. 1, st. 72, 85; N 18, sect. 2614) to be supplemented by the words "as well as the activities of housing cooperatives related to the construction of apartment buildings". Article 8 Admit invalid: 1) the subparagraph "in" article 3, paragraph 2 OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION 7619); 2) Article 1 of the Federal Law of 28 December 2013 N 414-FZ " On introducing amendments to certain legislative acts of the Russian Federation The Russian Federation is part of the protection of the rights and legitimate interests of citizens whose money is used for the construction (creation) of apartment buildings and (or) other objects of real estate. 6979). Article 9 1. This Federal Law shall enter into force 10 days after the date of its official publication, except for those provisions for which this article establishes a different time frame for their entry into force. 2. Subparagraph (b) and (c) of article 1, paragraph 2, of the present Federal Law shall enter into force on 1 January 2017. 3. Paragraphs 1 and 3 to 5 of this Federal Law shall enter into force on 1 July 2016. 4. Subparagraphs (a) and (b) of paragraph 3 and subparagraphs (a) to (b) of article 5 of this Federal Law shall enter into force on 1 October 2015. 5. (Spconsumed by force-Federal Law of 29.12.2015) N 407-FZ 6. The reason for the unilateral refusal to perform the contract of suretyship for the proper execution of the obligations of the developer for the transfer of the dwelling to the fractional part of the participation in the equity construction or the insurance contract The civil liability of the developer for non-performance or improper fulfillment of the obligation to transfer the living space to the participant of the equity construction on the agreement of participation in the equity construction for the developer is the lack of conformity of the credit the requirements of article 15, paragraph 1, and Article 15, paragraph 2, of the Federal Law of December 30, 2004 No. 214-FZ " On participation in the construction of apartment buildings and other of the Russian Federation and on amendments to certain legislative acts of the Russian Federation " (as amended by the present Federal Law). 7. Housing and construction cooperatives, established prior to the entry into force of this Federal Act, except for housing and construction cooperatives, provided for by the Federal Law dated 24 July 2008 N 161-FZ " On the promotion of housing development ", must meet the requirement under article 110, part 3, (in the wording of this Federal Law), after one year from the date of the entry into force of this Federal Act. 8. If, from the date of entry into force of this Federal Law, the building cooperative, except for housing and construction cooperatives, created by the Federal Law dated 24 July 2008 N 161-FZ " On the promotion of housing development ", is building more than one apartment block or the number of members The cooperative is larger than the number of dwellings in the building The apartment building with a number of more than three floors is not allowed to admit new members to the building cooperative until it is permitted to enter into the town planning regulations in accordance with the law on urban planning. The operation of multifamily buildings, the construction of which is carried out at the date of the entry into force of this Federal Law. 9. Obligation of the housing cooperative under Part 1, 2 (in the provision of documents for familiaration with the use of the system) and 3 articles 123-1 10. The provisions of Articles 201-5, 201-10 and 201-11 of the Federal Law of 26 October 2002, No. 127-FZ "On insolvency (bankruptcy)" Federal law) is applied in cases where the insolvency proceedings are initiated after the day of the entry into force of this Federal Law, and if the insolvency proceedings are initiated prior to the day of entry into force under this Federal Act, provided that it is not (c) The completion of the calculations with the creditors of Release 3. President of the Russian Federation Vladimir Putin Moscow, Kremlin July 13, 2015 N 236-FZ