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On Amendments To The Federal Law On Participation In Share Participation Construction Of Apartment Buildings And Other Real Estate And On Amendments To Certain Legislative Acts Of The Russian Federation And Certain Legislative Acts Of The Russian Feder

Original Language Title: О внесении изменений в Федеральный закон "Об участии в долевом строительстве многоквартирных домов и иных объектов недвижимости и о внесении изменений в некоторые законодательные акты Российской Федерации" и отдельные законодательные акты Российской Федер

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RUSSIAN FEDERATION FEDERAL LAW amending the Federal Law "On participation in the equity construction of apartment buildings and other real estate objects and applications" changes in some Russian legislative acts and some legislative acts of the Russian Federation adopted by the State Duma on June 24, 2016 2016 Article 1 Commit To Federal Act No. 2141-FZ of 30 December 2004 on participation in the construction of multi-family buildings and other real estate OF THE PRESIDENT OF THE RUSSIAN FEDERATION 40; 2006, No. 30, sect. 3287; No. 43, sect. (...) (...) 3616; 2009, No. 29, Art. 3584; 2010, No. 25, est. 3070; 2011, No. 49, sect. 7015, 7040; 2012, No. 29, article 3998; No. 53, sect. 7619, 7643; 2013, No. 30, sect. 4074, 4082; No. 52, est. 6979; 2014, No. 26, est. 3377; No. 30, sect. 4225; 2015, No. 462; 2016, No. 18, sect. (2515) The following changes: 1) in Article 1: a) in Part 1 of the word "and the rise" shall be replaced by the words ", in order to recover the costs of such construction and the rise of"; b), to supplement 2 to 3 as follows: " 2-3. This Federal Act provides for the construction (creation) of multi-family housing units equally divided into the construction (creation) of a housing block consisting of three buildings. and more blocks, in the case of the construction (establishment) of such homes of citizens and legal entities. "; (2) in article 2, paragraph 2, of the words" common property in the apartment building and (or) other real estate subject to " Replace the word "incoming" with the word "incoming" with the word "incoming"; 3) in article 3: a) Part 2 should read: " 2. The right to attract funds of citizens for the construction (creation) of a multi-apartment house on the basis of the agreement of participation in equity construction has a developer responsible for the date of transmission of the project declaration in accordance with Part 2 of the Article 19 of this Federal Act to the authorized body of the executive power of the constituent entity of the Russian Federation, as set out in article 23, paragraph 2, of this Federal Act, to the following requirements: (1) statutory (warehousing) capital, legal entity-developer (hereinafter-the equity capital of the developer) shall be paid in full and shall not be less than the minimum size specified in Part 2-1 of this Article, depending on the maximum allowable amount of the total surface area of all dwellings and the total area of all non-residential premises in all of apartment buildings and (or) other objects of real estate, construction (creation) of which is carried out by the developer with the attraction of funds of the participants of the equity construction and which have not been put into operation (hereinafter-the maximum area of the construction sector). In the event that the authorized capital of the developer does not comply with such a requirement, the amount of fully paid equity capital of the developer, the authorized (warehousing) capital, the authorized funds of the guarantor or the co-guarantors of the prisoner in accordance with Article 15-3 of this Federal Law of the Treaty of Sponsorship with such a developer and statutory (stacking) capital, statutory funds of other developers who have also concluded with the specified guarantor or co-signer in accordance with Article 15-3 of this Federal Act is another guarantee contract (hereinafter referred to as the "Federal Act"). The legal entities associated with the developer) shall not be less than the minimum amount specified in Part 2-1 of this Article, depending on the maximum allowable amount of the total surface area of all dwellings and the area of all non-residential premises in The composition of all apartment buildings and (or) other objects of real estate, the construction of which is carried out by the developer or associated legal entities with the attraction of funds of the participants of the equity construction and which have not been entered in Operation (hereinafter referred to as the maximum area of the equity construction) Developers and associated legal entities); 2) the developer is not in the process of liquidating the legal person-the developer; 3) there is no solution to the legal person-the developer arbitration court on the introduction of one of the procedures applied in bankruptcy proceedings under the Federal Act No. 127-FZ of 26 October 2002 "On insolvency (bankruptcy)"; 4) for a legal person-a developer No decision by the arbitral tribunal to suspend its activities as a measure Administrative penalty; 5) in the registry of unscrupuly suppliers, which is administered in accordance with Federal Act No. 223 of 18 July 2011 "On the procurement of goods, works and services by certain types of legal entities", In the register of unscrupulal suppliers or contractors, the maintenance of which is carried out in accordance with Federal Law No. 44-FZ of 5 April 2013 " On the contractual system in the procurement of goods, works and services for security State and municipal needs ", missing legal person- a developer (including a person acting as the sole executive body of a legal entity) in the performance of its obligations under the contracts or contracts of which the work is performed, the provision of services in Construction, reconstruction and major maintenance of the capital construction or construction, reconstruction and major repairs, or acquisition of accommodation from a legal person; 6) in the registry Unfair participants in the auction of land sale, of a State or municipal property or an auction for the lease of a land in state or municipal ownership, the maintenance of which is carried out in accordance with 28 and 29 of Article 39-12 of the Land Code of the Russian Federation, there is no information on the legal person-the developer (including the person acting as the sole executive body of the legal entity); 7) from the legal entity. There is no arrears in taxes, fees and other charges. Mandatory payments to the budgets of the budget system of the Russian Federation (with the exception of the amounts for which deferred payment has been granted, the investment tax credit in accordance with the legislation of the Russian Federation on taxes and fees, which Restructured in accordance with the legislation of the Russian Federation for which there is a court decision on the recognition of the applicant's duty to pay these amounts, or which are deemed to be uncollectable in the case of the court. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The past calendar year, which exceeds twenty-five per cent of the book value of the developer's assets, according to the accounting (financial) accounts for the last reporting period. The developer shall be deemed to have met the established requirement in the event that they have filed an application for review of the said arrears, the arrears and the decision on such application at the date of the project declaration The authorized body of the executive authority of the constituent entity of the Russian Federation, referred to in article 23, paragraph 2, of this Federal Law, is not accepted; 8) in the person performing the functions of the single executive organ of the developer, and the chief accountant of the developer or other official responsible for the or the person with whom the contract for the provision of a developer's accounting services has been concluded, there is no criminal record for the offences in the economy (except for those who have had such a record or have been removed), as well as In the case of these persons, the penalty of deprivation of the right to hold certain positions or engage in certain activities in the sphere of construction, reconstruction of the objects of capital construction or organization of such construction has not been applied. Reconstruction and administrative punishment in the form of disqualification. "; b) to be completed with parts 2-1-2-6, as follows: " 2-1. The minimum size of the authorized capital of the developer or the minimum amount of the authorized capital of the developer and the statutory (warehousing) capital, the authorized funds of the legal entities associated with the developer are: 1) two million 500 The maximum size of all the objects of equity construction of the developer or developer and associated with the developer of legal entities is not more than one thousand five square meters; 2) four million rubles at the maximum the area of all equity construction or property developers and The legal entities associated with the construction site are not more than two thousand five square meters; 3) ten million rubles with the maximum floor area of all the objects of equity construction of the developer or developer and associated with the developer No more than ten thousand square meters; 4) forty million rubles with a maximum floor area of all the construction and construction owners and associated legal persons of no more than twenty-five The Russian president's income was 75,5 million rubles ($980 million). The maximum area of all the objects of equity construction of the developer or developer and related to the developer of legal entities is not more than fifty thousand square meters; 6) one hundred and fifty million rubles at the maximum area of all Construction works of a developer or developer and associated with a developer of legal persons no more than 100 thousand square meters; 7) four hundred million rubles, with a maximum floor space of all the objects of equity construction developer or developer and developer-related legal entities 2 hundred and fifty thousand square meters; 8) Eight hundred million roubles, with a maximum floor area of all the objects of equity construction of a developer or developer and associated with a developer of legal persons no more than five thousand square meters It is estimated that the total amount of investment in the project is estimated at $1.5 billion. 2-2. Developers who do not meet the requirements specified in part 2 of this article as of the date of the project declaration in accordance with article 19, paragraph 2, of this Federal Act to the authorized body of the executive branch of the entity The Russian Federation, referred to in article 23, paragraph 2, of this Federal Act, does not have the right to attract funds of citizens-participants in the construction of multifamily buildings. 2-3. Developers who do not meet the requirements specified in Part 2 of this article after the date of the project declaration in accordance with article 19, paragraph 2, of this Federal Law to the authorized body of the executive branch of the entity The Russian Federation, referred to in article 23, paragraph 2, of this Federal Act, does not have the right to attract funds of citizens-participants in the construction of multifamily buildings in the case of: 1) the decision or determination of the arbitral tribunal The insolvency (bankruptcy) proceedings under the Federal Act No. 127-FZ of 26 October 2002. (2) the entry into force of the decision of the arbitral tribunal to suspend the activity of the developer as a measure of administrative punishment, including the one adopted on the application of the authorized body of the entity's executive power OF THE PRESIDENT OF THE RUSSIAN FEDERATION In accordance with article 23, paragraph 15, of this Federal Law; (3) the decision on the liquidation of the legal entity-the developer of the founders (the participants) or the body of the legal entity authorized by the constituent instrument. 2-4. The decision or the determination of the arbitral tribunal referred to in paragraphs 1 and 2 of part 2 to 3 of this article shall be subject to the decision or determination of the authorized body of the executive authority of the constituent entity of the Russian Federation specified in the decision or determination of the arbitral tribunal. Article 23, paragraph 2, of this Federal Act, no more than one working day from the date of the entry into force of such decision or determination. 2-5. The decision to liquidate the legal person-the developer referred to in paragraph 3 of Part 2-3 of this Article shall be referred to the competent authority of the executive branch of the constituent entity of the Russian Federation referred to in article 23, part 2. of the present Federal Act, no more than one working day from the date of such decision. 2-6. The competent authority of the executive branch of the constituent entity of the Russian Federation, referred to in article 23, paragraph 2, of this Federal Act, is obliged to send to a body exercising State registration of rights to immovable property and transactions with it, Notice of the failure of the developer to attract funds of the citizens-participants in construction (creation) of apartment buildings with the application of the decisions referred to in Part 2-3 of this Article, at no more than One working day from the date of receipt of the relevant decision. "; 4) supplement Article 3-1 as follows: " Article 3-1. Disclosure by the developer 1. The developer, who attracts the money of the participants of the equity construction, provides free access to information about his activities through the creation and maintenance of the Internet information and telecommunication network of the site, to the electronic address which is included in the domain name, the right to which is owned by such a developer or other legal person who has entered into a contract of sponsorship with a developer in accordance with Article 15-3 of this Federal Law, and which is defined by agreement the developer and legal person (hereinafter referred to as the official site) a developer). 2. On the official website of the developer in relation to each apartment house and (or) other real estate object under construction (created) with the funds of the participants of the equity construction, the following should be placed in electronic form Information: 1) permission to enter into service of the capital construction objects referred to in article 20, paragraph 4, of this Federal Law; 2) the documents referred to in article 20, paragraph 6, of article 20, paragraphs 1, 3, 5 Part 2 of Article 21 of this Federal Law; 3) the project declaration; 4) the opinion of the authorized body of the executive power of the constituent entity of the Russian Federation referred to in article 23, paragraph 2, of this Federal Act, on the conformity of the developer and the project declaration with the requirements set out in Part 2 Articles 3, 20 and 21 of this Federal Law; 5) a draft contract of participation in the construction or projects of such contracts used by the developer to attract the funds of the parties to the equity construction construction (establishment) of multi-apartment buildings and (or) other facilities immovable property complying with the requirements of this Federal Law and the rules established in accordance with article 4, paragraph 2, of this Federal Law; 6) selected by the developer to ensure the performance of the obligations A contract of participation in equity construction in accordance with Part 2 of Article 12-1 of this Federal Law or the conditions for attracting the funds of the parties to the construction of the participation in the equity construction in accordance with the requirements of Articles 15-4 and 15-5 of this Federal Law; 7) surety with a developer in accordance with Article 15-3 of this Federal Law in the case stipulated by Article 12-1 of this Federal Law; 8) photographs of construction builder (s) Attracting the funds of the participants in the construction of the apartment building and (or) other real estate object, reflecting the current state of their construction (creation). 3. The information referred to in Part 2 of this Article shall be placed on the official website of the developer within five working days after the date of receipt of the opinion of the authorized body of the executive authority of the constituent entity of the Russian Federation Article 23, paragraph 2, of this Federal Act, on the conformity of the developer and the project declaration with the requirements set out in article 3, paragraph 2, articles 20 and 21 of this Federal Act. The photographs referred to in part 2, paragraph 8, of this article shall be posted on the official website of the developer on a monthly basis. 4. The modifications made to the documents referred to in Part 2 of this Article shall be posted on the official website of the developer within five working days of the date of such modification. 5. The requirements for placing on the official site of the developer information about each apartment building and (or) other real estate object under construction (created) with the use of the funds of the participants of the equity construction, shall be established by the authorized federal executive authority referred to in article 23, paragraph 1, of this Federal Act. 6. In accordance with the legislation of the Russian Federation, the developer is responsible for failure or improper performance of the obligation to disclose information, completeness and reliability of the information to be disclosed in accordance with this Law. article 4: 5) in article 4: (a) in Part 1, the word "further" is replaced by the word "further"; b) in Part 2 of the word "shall be entitled to" replace the word "produces"; in) in Part 4: point 1 should be supplemented with the words ", including the plan of equity construction, displaying in graphical form (diagram, drawing) location relative to each other parts of the shared dwelling (rooms, support rooms, lodgings, verandah, balconies, terraces) or parts The construction site of the apartment building, the construction site of the apartment building and the construction of the apartment building. documentation on the type, purpose, and destination, of the total area of the apartment building and (or) other real estate object, the materials of the outer walls and floor overlays, class of energy efficiency, seismic resistance (hereinafter-the main characteristics of the apartment building and (or) other real estate object), destination of the equity construction (dwelling, non-residential premises), on the floor on which the construction site is located, the total area (for accommodation) or space (for non-residential accommodation), the number and the area of the rooms, Support use rooms, ankles, verandas, balconies, terraces living quarters, presence and area of parts of non-residential premises (hereinafter referred to as the main characteristics of a dwelling or non-residential premises) "; to supplement paragraph 6 with the following: " 6) the conditions provided for in article 18, paragraph 5, of this Federal Act, in the case referred to in Part 1 of Article 18-1 of this Federal Law. "; g) to be supplemented with Part 4-1 as follows: " 4-1. The terms and conditions of the contract referred to in Part 4 of this Article shall correspond to the information included in the project declaration at the time of the conclusion of the contract. A contract concluded in breach of this requirement may be declared invalid by a court only in the case of a participant in the equity construction that has concluded such a contract. "; 6) in article 5: a), part 1, complete with proposals , to read: " The price of the contract may be determined as the product of the unit price of the total area of the dwelling or the area of the non-residential premises which are the equity of the construction, and the corresponding total area or area of the facility equity construction. In the case of a porch, veranda, balcony, terrace, terrace, the price of the contract can be determined as the product of the unit price of the total area of such accommodation and general accommodation The square area of the accommodation. The total area of the accommodation consists of the sum of the total living space and the area of the lodge, the veranda, the balcony, the terraces with the lowering ratios established by the federal executive authority referred to in article 23, paragraph 1 of this Federal Law. "; b) Part 3 should read: " 3. The contract price shall be paid after the State registration of the contract by payment of a lump sum or in the prescribed period. "; 7) Part 2 of article 6, to be supplemented with the following sentence:" In case of violation In the period stipulated by the agreement, the participant of the construction of the equity construction project was transferred to the participant of the equity construction because of the signing of the transfer act or other document on the transfer of the equity construction project. a developer is exempt from paying the contributor Construction of liquidated damages (foam), provided that the developer properly fulfilled its obligations under such a contract. "; 8) in article 7: (a), add the following content: " 1-1. When handing over the equity construction, the developer is obliged to hand over to the participant of the equity construction a construction instruction containing the necessary and reliable information about the rules and conditions of effective and efficient construction. The safety of its use, the period of service of the share building object and its constituent parts, systems of engineering support, design elements, products (hereinafter referred to as the operating instructions of the share object). (b) Parts 6 and 7, as follows: " 6. The participant in the construction is entitled to bring a claim to the court or to present a written claim to the developer for the inadequate quality of the fractional part of the construction, with the defects (defects) identified, provided that such defects Defects (defects) have been identified during the warranty period. The developer is responsible for removing the identified defects (defects) within the period agreed by the developer with the equity participant. In the event of a developer's refusal to satisfy these requirements out of court, in whole or in part, or in the event of failure to satisfy all or part of the specified requirements within the specified period, the equity participant has the right to sue. 7. The developer is not liable for defects (defects) of the share-building object found during the warranty period if it proves that they occurred due to the normal wear and tear of such a construction site or its members Composition of finishing elements, engineering systems, design elements, products, violations of technical regulations, town planning regulations, other mandatory requirements for the operation of the share object or its constituent parts, systems and Engineering, design elements, products, or due to improper repairs undertaken by the contributor or by third parties, and if the defects (defects) of the fractional part The construction was caused by the violation of the instructions provided to the party owner for the operation of the object of construction of the rules and conditions for the effective and safe use of the shared object. components of the finishing system, systems Engineering, design elements, products. "; in) to be supplemented with Part 8, to read: " 8. In violation of the period of elimination of defects (defects) of the share building facility provided for in Part 6 of this Article, the developer pays the citizen-party of the construction, acquiring a dwelling for personal, family, Domestic and other non-business needs for each day of delay (penalties) in the amount determined by article 23, paragraph 1, of the Russian Federation Act No. 2300-I of 7 February 1992 on the protection of human rights Consumers. " If the deficiency (defect) of the specified dwelling is not the basis for recognition of such accommodation, the amount of the penalty (s) shall be calculated as a percentage fixed by the Article 23, paragraph 1, of the Law of the Russian Federation of 7 February 1992 No. 2300-I "On the Protection of Consumers ' Rights", from the cost of expenses necessary for the removal of such deficiency (defect). "; " 1. The handing over of the ownership construction by the developer and the acceptance by the participant of the equity construction shall be carried out by the signatory to the transmission act or other document on the transfer of the equity construction. The transfer act or other document on the transfer of the equity construction shall indicate the date of transfer, the main characteristics of the dwelling or non-residential premises which are the objects of the equity construction, and other information at the discretion of the the parties. A transfer certificate or other document on the transfer of the equity construction shall be accompanied by an instruction on the operation of the fractional portion of the construction, which is an integral part of the transmission or other document on the transfer of the object. "; 10) in article 9: (a), part 1, paragraph 2, of the following wording: " (2) substantial modification of the design documents of the multi-apartment building (s) and (or) other object the real estate, which includes the co-construction site, in the the number of exceeding the permissible change in the total area of the dwelling or the area of non-residential premises which are the subject of the equity construction, which can be established in a contract not exceeding five per cent of the specified area; "; (b) To be supplemented by Part 1-2 as follows: " 1-2. In the event that the developer performs his or her obligations in front of the equity owner and complies with the requirements of this Federal Law for the developer, the equity participant is not entitled to Unilateral refusal to extrajudicial execution. "; 11), to supplement article 11 with parts 3 and 4 as follows: " 3. The payment of the price of assignment of the rights of claims under the contract is made after the State registration of the agreement (s) on the assignment of the rights of the requirements of the contract in the case, if the assignor under the agreement (s) on the assignment of the rights of contract claims is legal entity. 4. A legal entity that is the assignor for the assignment of the rights of claims under the contract is liable for failure to comply with the requirements of Part 3 of this article to the price of assignment of contract claims in the contract. of the Russian Federation. "; 12) Article 12-1 to be supplemented with Part 3, as follows: " 3. In the case of the conclusion of contracts with citizens, the objects of the equity construction in the apartment building, the building owner whose size of the charter capital does not meet the requirements of Article 3, paragraph 1, paragraph 1 The Federal Act, together with the performance of the obligation under Part 2 of this article, shall also have the obligation to conclude a contract of sponsorship with one or more legal persons in accordance with article 15-3 of this Federal Law. " 13) in Article 15 -1: a) the name to be stated in , to read: " Article 15 -1. Enforcement of the obligations under a contract of the bank "; b) to be supplemented by Parts 2 to 1 and 2-2 as follows: " 2-1. The failure of the guarantor bank to comply with the requirements set out in Part 1 of this article is the basis for the unilateral refusal of the developer to perform the contract of sponsorship. 2-2. Termination or early termination of the sponsorship contract shall not exempt the guarantor (s) from the obligation to fulfil its obligations under the contract of sponsorship that have occurred prior to the date of termination or early termination of the contract surety. "; 14) Article 15-2 to be supplemented with Parts 14 to 1 and 14-2 as follows: " 14-1. The failure of the insurance organization to comply with the requirements set out in paragraph 2 of part 1 of this article is the basis for the unilateral refusal of the developer to perform the insurance contract. 14-2. Dissolution of the insurance contract by agreement of the parties, unilateral waiver of the performance of the insurance contract, except for the unilateral waiver of the performance of such a contract on the basis of the non-conformity of the insurance organization with the requirements of Part 2, paragraph 2 1 of this article is permitted only with the agreement of the beneficiary under the insurance contract. "; 15) to supplement Article 15-3 as follows: Article 15 -3. Sponsorship of the obligations under the contracts of participation in equity construction of the apartment building of a developer's house, the size of the charter capital of which does not meet the requirements of the present Federal Law 1. Under a contract of sponsorship on obligations of a developer whose authorized capital is not in conformity with the requirements of article 3, paragraph 1, of this Federal Law, on the contracts of participation in the equity construction of the apartment building, The objects of the equity construction in the apartment building (hereinafter referred to as the contract of surety), the guarantor or co-sponsoring persons shall be obliged to the parties to the equity construction that have concluded the said contracts with the developer Participation in equity construction, responsible for performance by the developer The Conference of the Parties, 2. The contract is subject to a notarial certificate and is entered into before the State registration of the first contract of participation in the equity construction of the apartment building. 3. The sponsor or co-sponsor of the contract of sponsorship may be a legal person who is the founder (participant) of the legal person-the developer and meets the requirements laid down for this developer in paragraphs 2-8 of Part 2 of article 3 of this Federal Act. 4. The guarantee agreement provides: 1) the joint or subsidiary responsibility of the sponsor to the participant of the equity construction, in the same amount as the developer, including the obligation to transfer The objects of equity construction in the amount of the price of the contract of participation in equity construction, payment of the penalties stipulated by this Federal Law and the contract of participation in the construction of non-racks (fines, penalties), guarantees of the quality of the share object. of construction, payment of interest for the use of other people's money, compensation for legal costs and other damages suffered by the participant in the construction due to non-performance or improper fulfilment of the developer's obligations; 2) the transfer of rights under a contract of sponsorship to the new party member Construction in the case of an assignment or conversion on other grounds of the rights of claims under the contract of participation in equity construction; 3) the duration of the guarantee, which should be no less than two years longer than the contract Participation in the completion of the construction of the participant construction period (...) (...) (...) Obligations that result in increased liability or other adverse consequences on the guarantor (s) and the limits in which the guarantor (s) agree to the obligations of the developer in this case and which cannot be set below the guarantor's liability (co-guarantors), taking into account the possible increase in the price of the contract of participation in the equity construction by 5 per cent and the maintenance of other conditions; 5) the obligation of the guarantor and the developer to notify the equity participant in the The termination or early termination of surety in the manner provided for in Part 9 of this Article; 6) other conditions which do not entail the possibility of reducing the liability of the guarantor (s) provided for of this article, or other adverse effects on the participant equity construction. 5. The sponsors of the sponsorship contract shall be responsible to the participant in the equity construction. 6. The developer who has signed the contract of guarantee is obliged to inform the person intending to enter into the agreement of participation in the construction, the terms of the sponsorship, as well as the information about the guarantor (s) until the participation in the agreement is concluded. Construction. 7. The discrepancy between the guarantor (s) specified in paragraph 3 of this article is the basis for the unilateral refusal of the developer to perform the contract of sponsorship. 8. Termination, early termination of the contract of sponsorship, including in the case of Part 7 of this article for unilateral refusal of the developer from execution of the contract of suretyship, do not release the guarantor (s) from The obligation to fulfil its obligations under the contract of sponsorship until the date of termination or early termination of the sponsorship contract. 9. In the event of the termination or early termination of the contract of suretyship, the guarantor and developer are required to notify the party of the construction at least one month before the date of termination or early termination. Termination of the sponsorship contract. In the event of a breach by the guarantor of this duty, he shall be liable under the sponsorship contract in accordance with paragraph 1 of part 4 of this article. 10. In the event of termination or early termination of the sponsorship contract before expiry of the period of validity, the developer shall notify the authorized body of the executive authorities of the constituent entity of the Russian Federation within five working days. Article 23, paragraph 2, of this Federal Act. At the same time, a developer whose authorized capital is not in conformity with the requirements of article 3, paragraph 1, of this Federal Act, is required to conclude another contract of suretyship not later than twenty days from the date of dissolution or early termination. Termination of the sponsorship contract. "; 16) add the following article 15 to 4: Article 15 -4. Features of the money builder's money money building participants in case of such funds in the accounts of the estate 1. In case of granting to the developer a Russian credit institution, which has the right to open the accounts of the Escrow in accordance with Part 3 of Article 15-5 of this Federal Law, for the purpose of calculating the participation in equity construction (hereinafter-the bank), A special loan for the construction (creation) of multi-family buildings and (or) other objects of real estate by a credit agreement may provide for the establishment in all contracts of participation in the equity construction of apartment buildings and (or) other objects of real estate to pay the price of the contracts of participation in equity construction in the account of the Escrow, opened in such bank in accordance with Article 15-5 of this Federal Law (hereinafter the Escrow account). 2. The provisions of this Federal Law shall be applicable in the case referred to in part 1 of this article, subject to the provisions of this article and to article 15 to 5 of this Federal Act. 3. In the case referred to in Part 1 of this Article, the contract of participation in the construction must be provided for in accordance with article 4, paragraphs 1 to 4, of this Federal Act, the terms and conditions of the contract, as well as defined in accordance with the provisions of article 4, paragraph 1, of the Convention. The following conditions: (1) the obligation of the participant of the equity construction to pay the price of the contract of participation in the share Construction, in time and size, established by the participation agreement in the equity construction (the amount deposited), to an escrow account opened in part 1 of this article, a special account of the escrow account and information on such bank (name, trade name, location and address, e-mail address, telephone number); 2) the deposited amount, which must be equal to the price of the equity participation contract; 3) the period of conditional deposit of money, which must be equal to the period of transfer of the equity object Construction of an equity participant, increased by six months and more the agreement of the parties to the contract of participation in the equity construction; 4) the basis for the transfer to the developer (beneficiary) of the deposited amount stipulated in part 7 of article 15 to 5 of this Federal Law and the account to which he or he is entitled must be listed on the basis of the deposit of such reasons; 5) the reasons for the termination of the conditional deposit (expiry of the escrow account, transfer of the deposited amount in accordance with the Part 7 of Article 15-5 of this Federal Law, the avoidance of the treaty Participation in the construction of the agreement by the parties or by the courts, the unilateral refusal by one of the parties to participate in the equity construction contract. 4. In the case of a contract of participation in equity, taking into account the characteristics provided for in this article, the conclusion of a separate escrow treaty is not required. 5. A participant in the equity construction that has concluded the equity participation contract, taking into account the features of this article, has the right to unilaterally refuse to perform such a contract in the case of: 1) The reasons set out in paragraphs 1 to 3 and 5 of article 9, paragraph 1, of this Federal Law; (2) the existence of a bank's request for early fulfilment by the developer of the obligations under the loan contract specified in Part 1 of this Article, and or the law of the The subject of a mortgage (mortgage) that ensures the execution of such a loan contract in the statutory, credit and (or) contract of collateral (mortgage) cases; (3) recognition of the developer's bankrupt and the opening of the competition Federal Act No. 127-FZ of 26 October 2002 on "Insolvency (bankruptcy)"; (4) the entry into force of the decision of the arbitral tribunal on the liquidation of the developer or the suspension Implementation by the developer of money-raising activities Participants in the construction of the multi-apartment buildings and (or) other immovable property, in accordance with article 23, paragraph 15, of this Federal Law. 6. After the expiration of the period of conditional deposit of moneys provided for in the agreement of participation in the equity construction in accordance with paragraph 3 of Part 3 of this Article, the participation in the equity construction shall be terminated. 7. In case of conclusion of the contract of participation in the equity construction, taking into account the characteristics provided for in this article, the requirements of parts 2, 5 to 7 of article 9, paragraphs 1 and 2 of Article 12-1, Articles 13 to 15 -2, 18 and 18 to 1 of this Federal Law The law shall not apply. 8. A loan agreement entered into under Part 1 of this Article (hereinafter-the credit contract) shall be provided for: 1) the bank's obligation to provide in the manner and under the terms of the loan contract, A special purpose loan for the construction (establishment) of multi-family buildings and (or) other real estate objects in the amount sufficient to complete such construction (creation), taking into account the requirements of the bank to the amount of the initial contribution on such a loan; 2) objectives for which credit can be used and order of the Bank's control over its intended use, including in accordance with the requirements of the project documentation; 3) the obligation of the developer to open a bank with which a credit contract, separate accounts, or invoices for all operations related to the construction (creation) of multi-family buildings and (or) other real estate objects, construction (creation) of which have been granted credit; 4) the developer's obligation to provide to the bank Information on all organizations attracted by the developer or persons acting on behalf of the developer or under a contract with a developer, for the construction (creation) of apartment buildings and (or) other real estate objects, for the construction (creation) of which have been granted credit, including suppliers of materials for such construction (creation) (full name of legal person or surname, name, patronymic (if any)) of the individual entrepreneor, address (location or place of residence), telephone number, identification number of the taxpayer) and other information provided by the credit card The right of the bank to request from the developer other information and documents that are required by the agreement in accordance with the requirements of the authorized federal executive authority specified in article 23, paragraph 1, of this Federal Law; 5) are necessary to control the purpose of the loan by the developer and provided by the loan agreement in accordance with the requirements of the authorized federal executive authority specified in Part 1. of article 23 of this Federal Act and the obligation of the developer Provide the bank with such information; 6) the obligation of the developer to establish in all contracts of participation in the equity construction that it concludes with respect to the equity construction in multi-apartment buildings and (or) other facilities the construction (creation) of which is granted a loan, the obligations of the participants of the equity construction to pay the price of the contracts of participation in the equity construction in the bank accounts held in the bank with which developer signed a credit contract; 7) obligation the developer to coordinate with the bank the changes in the essential terms of the equity contracts; 8) the bank's obligation to conclude agreements with the parties of the equity construction and the developer, as well as the terms and conditions of such contracts. Contracts, including the amount of interest paid by the bank on the escrow account; 9) the bank's obligation to provide the developer with the details of the opening, maintenance and closure of the escrow account the number of contributors to the eskro; 10) the manner and amount of the enforcement of the credit contract; 11) the term of the credit contract; 12) the liability of the parties to the credit contract for its failure or improper performance execution. "; 17) add the following article 15 to 5: Article 15 -5. The { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b The account of the Escrow account for the settlement of the construction contract shall be opened in accordance with the Civil Code of the Russian Federation, taking into account the characteristics set out in this article. 2. The account is opened by the bank (an Esc-agent) who has concluded with the developer the credit contract referred to in article 15, paragraph 8, of this Federal Law, to take account of and block the money received by the bank from the holder of the account A participant in the equity construction (of the deponent) in the payment of the price of the contract of participation in equity construction, in order to transfer such funds to the estate agent, which is a party to such a contract of participation in the construction (beneficiary), on the basis of a contract of participation signed by the parties Construction of the transfer act or other instrument for the transfer of the equity construction, and in the case provided for in article 8, paragraph 6, of this Federal Act, pursuant to a unilateral act or other instrument for the transfer of the share Construction. 3. The right to open the accounts of the Escrow to participate in the equity construction has banks that meet the requirements of the Government of the Russian Federation for credit institutions and in which funds can be allocated Federal budget for bank deposits. The Central Bank of the Russian Federation publishes quarterly information on banks eligible to open an Escrow account for settlement of construction contracts on its official Internet site. 4. The escrow account is opened on the basis of a registered agreement of participation in the equity construction, which takes into account the peculiarities provided for in Article 15-4 of this Federal Law, for the period of conditional deposit of funds, stipulated by the said treaty. 5. Interest is charged against the money in the account of the esstara settlement account and a certain credit contract pursuant to Article 15, Part 8, paragraph 8, of this Federal Law. The bank, which is an escort agent in the starboard account, is not paid. 6. The bank, which is an escort agent under the Escrow Account Agreement, informs the participant in the equity construction of the Escrow account of the existence of grounds for the unilateral refusal of the participant of the equity construction from the execution of the contract of participation in the contract The share of construction, as stipulated in article 15, paragraph 2, of this Federal Act, is no later than ten working days from the date of the occurrence of such grounds. 7. Posted to the bank account no later than ten working days from the date of submission by the developer of the transfer bank or other document on the transfer of the equity construction contract signed by the parties to the agreement on participation in the equity market Construction, and in the case referred to in article 8, paragraph 6, of this Federal Act, a unilateral act or other document on the transfer of the equity construction is transferred to the developer by the bank or transferred to the payment of obligations of the developer Under article 15, paragraph 8, of this Federal Act, The law, if the loan contract contains an order by the developer to use such funds (part of such funds) to pay for the developer's obligations under the loan contract. 8. In the case of the calculation of the contract of participation in the equity construction in accordance with part 7 of this article, the contract of the account shall be terminated and the account shall be closed without a statement by the holder of the account on the day of the implementation of the account. Settlement. 9. In case of withdrawal of the conditional deposit of money, the terms of which are provided by the participation agreement, on the grounds of avoidance or unilateral refusal by one of the parties to participate in the equity contract Construction due to the expiration of the period of conditional deposit of funds and termination of the participation contract in conformity with Part 6 of Article 15-4 of this Federal Law, the escrow account is terminated and the escrow account to be closed no later than three working days after the bank's receipt day The State Registration Authority of the State Register of Real Estate Registration of the State Registration of the Agreement on State Registration of the Contract of Participation in the Construction. 10. A body conducting State registration of real property rights and transactions with it, not later than five working days from the date of entry into the Single State Register of Real Estate of the Divordiation, Termination or Unilateral refusal of one from the parties to the contract of participation in the construction of the construction, taking into account the peculiarities set out in Article 15-4 of this Federal Law, it is the obligation to send to the bank, which is an Internet agent, at the address of the electronic mail specified in the contract of participation in the equity construction, the notification of payment in the United State Register of Real Estate Records on State Registration of the Agreement of Participation in Construction. 11. In the case of an assignment by the participant in the equity construction account holder, the rights of claims under the contract of participation in the construction or transfer of such claims on other grounds, including universal succession and when seeking to recover the debtor's property, to the new equity participant from the time of the State registration of the agreement (contract), on the basis of which the assignment of the rights of the parties ' equity requirements is made under the contract Participation in equity construction or other grounds of rights The requirements for such a contract shall be transferred to all rights and obligations under the contract of the Escow concluded by the former participant of the equity construction. 12. With regard to the opening, maintenance and closure of the settlement account, the requirements of Federal Act No. 115 of 7 August 2001 on countering the legalization (laundering) of income are subject to the requirements of the Federal Act No. 115 of 7 August 2001. and the financing of terrorism ", including the legal relationship with the person to whom the rights and obligations under the contract of the Arrow account shall be transferred in accordance with Part 11 of this article. 13. In the event of the bank's refusal to conclude a contract of the Escow account with the person who is a party to the agreement of participation in the equity construction, or the termination of the contract of the Escrow account with the client party to the agreement of participation in the equity construction, Federal Act No. 115 of 7 August 2001 on countering the legalization (laundering) of proceeds of crime and the financing of terrorism. Construction may unilaterally withdraw from the participation agreement Construction, in the manner provided for in article 9, paragraphs 3 to 7, of this Federal Law. "; 18) in article 16: (a) Part 1, amend to read: " 1. The right to ownership of the equity construction on the fractional part of the construction, after handing over the share of construction of the equity construction in accordance with Article 8 of this Federal Law is subject to the state Registration in accordance with Federal Act No. 218-FZ of 13 July 2015 "On State Registration of Real Property"; (b) Part 2-4 to declare invalid; 19) Article 17 should read as follows: " Article 17. State registration of the participation contract in share building and agreement (contract) under which the assignment of the rights of the fractional part of the agreement is made Participation in equity construction Agreement of participation in equity construction and agreement (contract) on the basis of which the assignment of the rights of the requirements of the participant of the equity participation in the equity construction is to be made in accordance with the procedure established by the Federal Act No. 218-FZ of 13 July 2015 "On State Registration of Real Estate"; 20) in article 18: (a) Part 1, as follows: " 1. The funds paid by the parties to the agreement are to be used by the developer only for the following purposes: 1) construction (creation) of one apartment house and (or) other real estate, in The construction (creation) of several multi-apartment buildings and (or) other objects, in accordance with the design document or reimbursement of construction costs (creation); 2) real estate, which includes equity construction, in Project documentation or cost recovery (creation), provided that the construction (s) of the specified apartment blocks and (or) other real estate is made within the boundaries of the planning element the structure of the quarter, the area covered by the approved territorial planning documentation; 3) reimbursement for acquisition costs, including clearance, property rights or lease rights, sublease rights to land, of which the construction (s) referred to in paragraph 1 shall be implemented or 2 of this part of multifamily buildings and (or) other real estate objects, for payment of rent for such land; 4) reimbursement of costs for the preparation of project documents and the execution of engineering studies for construction (s) referred to in paragraph 1 or 2 of this part of multi-apartment buildings and (or) other real estate objects, as well as to conduct an expert review of the project documents and the results of engineering research, of the expert examination, if the requirement of such expertise is required Federal laws; 5) construction, reconstruction at the boundary of the land, the owner of which is the developer, the engineering network needed to connect (technology adherence) referred to in paragraph 1 or 2 of this part of apartment buildings and (or) other objects of real estate to such engineering support networks, if relevant by the relevant project documentation, or reimbursement of construction costs, Renovation of such engineering networks; 6) payment for connection (technological adherence) of apartment buildings and (or) other real estate objects (or) other real estate objects to engineering support networks or reimbursement of costs The payment of the specified fee; 7) the cost recovery of the contract for the development of the Territory's urban development contract in accordance with the law on urban development and execution the obligations of the developer under this contract, if the construction of a dwelling The economic class of the said contract is carried out with the use of the funds of the parties to the equity construction; 8) the reimbursement of expenses in connection with the conclusion in accordance with the law on urban activity Agreement on the development of the builtup area and the performance of the developer's obligations under the contract, if the construction (s) specified in paragraph 2 of this part of apartment buildings and (or) other objects of real estate is carried out on land plots granted to a developer under this contract and within the boundaries of such a builski area, taking into account the requirements of Article 18-1 of this Federal Law. Such compensation shall be proportionate to the share of the total area of apartment buildings and (or) other real estate in the total area of all real estate objects under the contract Development of a builtup area; 9) reimbursement for the conclusion of a treaty on the integrated development of the Territory, including for housing construction, in accordance with the law on urban planning Comprehensive Development of the Territory at the initiative of the rights holders, agreements on integrated development of the territory on the initiative of local self-government bodies and the performance of obligations of the developer on such contracts, if the construction (creation) mentioned in paragraph 2 of this part of apartment buildings and (or) other objects of immovable property shall be subject to these treaties, taking into account the requirements of Article 18-1 of this Federal Law. Such compensation shall be proportionate to the share of the total area of apartment buildings and (or) other real estate in the total area of all real estate objects under the contract the integrated development of the Territory, including the construction of an economic class, an agreement on the integrated development of the Territory at the initiative of the right holders, a treaty on integrated development of the Territory, on the initiative of the local authorities self-government; 10) reimbursement of documentation costs planning of the territory, construction and (or) reconstruction within the boundaries of such territory of engineering infrastructure facilities, social infrastructure facilities for pre-school children's pre-school institutions, general education Schools, clinics and transport infrastructure (roads, pavements, cycle tracks) in the event of the donation of transport infrastructure facilities to State or municipal ownership if construction (establishment) in paragraph 2 of this part of the multi-apartment buildings and (or) Other objects of real estate are otherwise not specified in paragraphs 7 to 9 of this Part, taking into account the requirements of Article 18-1 of this Federal Law. In so doing, the compensation shall be proportionate to the share of the total area specified in paragraph 2 of this part of the apartment building and (or) other real estate in the total area of all real estate objects under construction territories; (11) reimbursement of interest on purpose loans for the construction (establishment) of a multi-apartment house and (or) other real estate specified in paragraph 1 of this Part; 12) payment of interest on targeted loans for the construction (establishment) of apartment buildings and (or) other real estate objects referred to in paragraph 2 of this Part, as well as the construction (establishment) of other real estate objects in the cases referred to in paragraphs 8 to 10 of this Part, taking into account the requirements of article 18-1 of this Federal Law. In doing so, such compensation shall be proportionate to the share of the total area of apartment buildings and (or) other real estate objects in the total area of all real estate objects, construction (creation) are provided with such target loans; 13) reimbursement for the costs of State registration of shareholding contracts. "; b) to supplement 1-1-1-3 as follows: " 1-1. The use by the developer of funds paid by the equity participant for purposes not provided for in Part 1 of this Article shall not be permitted. 1-2. The developer is obliged to ensure that the funds paid by the participants in the equity construction are recorded separately for each apartment house and (or) other real property referred to in paragraph 1 of Part 1 of this Article, or Several multi-family buildings and (or) other real estate objects referred to in paragraph 2 of Part 1 of this Article. 1-3. A person who is the sole executive of a legal entity who is a developer and the chief accountant of a developer or other official responsible for accounting, or a person with whom he/he is a developer The contract for the provision of accounting services to the developer is responsible for the use by the developer of the funds paid by the parties of the construction of the contract, for purposes not covered by Part 1 OF THE PRESIDENT OF THE RUSSIAN FEDERATION in) add the following content: " 4. The annual accounting (financial) accounting of the developer is subject to mandatory audit. "; 21) to supplement Article 18-1 as follows: Article 18-1. Conditions for using cash participants in equity construction cost recovery for construction, reconstruction of social infrastructure objects infrastructure, paying interest on target loans for their construction, reconstruction 1. Reimbursement of costs for construction, reconstruction of the social infrastructure facility and (or) interest on earmarked loans for their construction, reconstruction by means of cash paid by the parties to the contract, In the cases referred to in paragraphs 8 to 10 and 12 of article 18, paragraph 1, of this Federal Act, it shall be permitted, provided that such facility is put into operation on such an object, the shares of the participants in the shares shall be entitled to that object. The construction or facility of such an object is donated by the developer to the State or municipal property. 2. Upon the commissioning of the social infrastructure facility referred to in Part 1 of this article, the right of common ownership of such an object arises from the parties involved in the construction agreement with the developer of an agreement on the occurrence of share of the right of shared ownership of such an object under Part 7 of this article, if the share of the total area of accommodation, the area of non-residential premises that are the co-construction facilities under the treaties concluded with the accommodation at least 50 per cent of the total The total area of the dwellings, the area of non-residential premises, which are the construction of all contracts entered into with the participants in the equity construction, the funds of which were used by the developer for the reimbursement of the costs of Construction, reconstruction of such a facility of social infrastructure, payment of interest on the target loan for its construction, reconstruction, except as provided in part 3 of this article. 3. The social infrastructure referred to in part 1 of this article shall be transferred to State or municipal ownership free of charge if the obligation to transfer such social infrastructure to the State or Article 18, paragraphs 8 and 9, paragraphs 8 and 9, of this Federal Act provide for the municipal property and the procedure for carrying out this transfer, as set forth in article 18, paragraphs 8 and 9, of the Convention on the Integral Development of the Territory, Number for the construction of an economy class housing contract The development of the territory at the initiative of the right-holders, the treaty on integrated development of the territory on the initiative of the local government, and in the case referred to in article 18, paragraph 10, of this Federal Law, other treaty or an agreement concluded by a developer with a public authority or a local government authority. 4. If the treaties or agreements specified in part 3 of this article do not contain an obligation to transfer the social infrastructure to State or municipal property, such treaties or agreements may contain a condition Donation of a social infrastructure facility after being put into operation in State or municipal property if the share of the total area of dwellings, the area of non-residential premises, which are the shares of construction contracts concluded with the parties to the equity construction which have concluded agreements with the developer to give their share of the right of common ownership of the social infrastructure in accordance with Part 7 of this article to be less than 50 per cent of the total area of the living quarters, Non-residential premises, which are the construction of all contracts concluded with the participants of the equity construction, the funds of which were used by the developer for the cost of construction, the reconstruction of such facilities of social infrastructure, interest on special purpose loans Construction or reconstruction. 5. In the case provided for in part 1 of this article, in respect of the social infrastructure facility, the cost of construction, reconstruction, the payment of interest on earmarked construction loans, the reconstruction of which is partially or partially restored Fully funded by the parties to the contract, the agreement of participation in the equity construction should contain: 1) the purpose of the social infrastructure; 2) the purpose of the cost Article 18, paragraphs 8-10 and 12, part 1, of the developer The federal law and the amount of such costs, including the purpose and amount of such costs to be recovered from the money paid by all the parties to the agreement; 3) the purpose and cost of the costs a developer established in accordance with the requirements of paragraphs 8-10 and 12 of Part 1 of Article 18 of this Federal Law and payable by means of money paid by the contributor of the construction with which the contract is concluded; 4) the particulars referred to in parts 3 and 4 of this article Development of a builtout area, a treaty on integrated development of the Territory, including for the construction of an economic class, an agreement on integrated development of the Territory at the initiative of rights holders, a comprehensive development compact The territory is initiated by the local self-government body or other prisoners by the developer with the authority of state power, the local self-government body of the agreement or agreement. 6. In the case provided for in part 1 of this article, in respect of the social infrastructure facility, the cost of construction, the reconstruction, the payment of interest on the earmarked construction loans, the reconstruction of which is planned to be partially reconstructed or fully funded by the parties to the contract, the project declaration includes: 1) on the type, purpose of the social infrastructure facility; 2) on the purpose of the costs Article 18, part 1, paragraphs 8 to 10 and 12 of this Federal Law, on the planned amount of such costs, including specifying the purpose and the planned amount of such costs to be refunded from the money paid by all the parties to the agreement; (3) of the Agreement on the Development of the Territory, the Treaty on the Integrated Development of the Territory, including for the Construction of an Economic Class, the Comprehensive Development of the Territory Agreement, referred to in Parts 3 and 4 of this Article Treaty on the Comprehensive Development of the Territory at The initiative of the local self-government body, other prisoners by the developer with the authority of the state power or the local government authority of the treaty or agreement. 7. An agreement on the establishment of a share in the right to share ownership of the social infrastructure should be entered into by the developer and the equity participant in the conclusion of the equity contract construction, and it is an integral part of it. The agreement must contain: 1) the appearance, purpose of the social infrastructure facility; 2) the condition of the share of the share in the right of the shared ownership of the social object. After the commissioning of the facility specified in Part 2 of this Article; 3) the procedure for determining the share in the right of the common ownership of such an object in accordance with Part 9 of this Article; 4) Information on the tax and other liabilities of the owners of the social OF THE PRESIDENT OF THE RUSSIAN FEDERATION 8. The Government of the Russian Federation shall approve a model agreement on the establishment of a share in the right to share ownership of the social infrastructure. 9. In the case referred to in Part 2 of this article, the share of the fractional part of the equity ownership of the equity participants who have entered into an agreement with the construction developer to share the share in the right of the common share The ownership of the social infrastructure is determined in proportion to the proportion of the total area of the dwelling or the area of the non-residential premises that are the fractional part of the contract. "; 22) in article 19: (a) Part 1, amend to read: " 1. The project declaration includes information about the developer and information about the construction project and determines the scope of the rights of the developer to attract funds of citizens and legal entities for the construction (creation) of apartment buildings and (or) other real estate objects identified in such a project declaration. The project declaration shall be an official document certifying the facts that entail legal consequences for the developer. "; b) Part 2, as follows: " 2. The project declaration, prior to the conclusion by the developer of the agreement with the first participant of the construction of the apartment house and (or) other real estate object, is sent by the developer to the authorized body of the executive authorities of the Russian region The Federation, referred to in article 23, paragraph 2, of this Federal Act, by means of enhanced qualified electronic signature by completing the electronic form of the project declaration on the site in the information and telecommunications network "Internet", defined by the authorized federal executive the authorities referred to in article 23 (1) of this Federal Law. "; in) shall be supplemented by Parts 2 to 1-2 to 4 as follows: " 2-1. The competent authority of the executive branch of the constituent entity of the Russian Federation, referred to in article 23, paragraph 2, of this Federal Act, shall, within a period not more than thirty days from the date of receipt of the project declaration, issue a certificate of conformity to the developer The developer and the project declaration have the requirements set out in article 3, paragraph 2, articles 20 and 21 of this Federal Act, or the refusal to issue such an opinion. In order to confirm the compliance of the developer with the requirements of article 3, paragraph 2, of this Federal Act, the competent authority of the executive branch of the constituent entity of the Russian Federation, referred to in article 23, paragraph 2, of this Federal Act, requests In the bodies of state power, local self-government bodies and other organizations, the necessary information is needed in the order of inter-institutional information interaction. 2-2. The extradition of a person authorized by the executive authority of a constituent entity of the Russian Federation referred to in article 23, paragraph 2, of this Federal Act shall not be identified by the competent authority of the constituent entity of the Russian Federation as referred to in article 23, paragraph 2, of this article. the requirements laid down in article 3, paragraph 2, of this Federal Act and (or) the failure of the project declaration to comply with the requirements set out in articles 20 and 21 of this Federal Law. The refusal of the extradition of the opinion referred to in part 2-1 of this article is not permitted. 2-3. In the event that the authorized body of the executive branch of the constituent entity of the Russian Federation refused to extradite the person referred to in Part 2 to 1 of this article, or if the developer had been granted such an opinion within sixty days from the date of issue The developer did not submit documents for state registration of the contract with the first participant of the equity construction of the apartment house and (or) other real estate object, the project declaration is to be resubmitted to the authorized body of the constituent entities of the Russian Federation referred to in article 23, part 2, of the of this Act, for the purpose of obtaining the opinion referred to in part 2-1 of this article, in the manner prescribed in Part 2 of this article. 2-4. The form of the project declaration shall be established by the authorized federal executive authority referred to in article 23 (1) of this Federal Law. "; ), Part 6, as follows: " 6. The changes specified in parts 4 and 5 of this article shall be posted on the official website of the developer and shall be sent to the authorized body of the executive authority of the constituent entity of the Russian Federation, as specified in article 23, paragraph 2, of the present article. Federal law, using enhanced qualified electronic signature by filling in the electronic form of the project declaration, as amended, on the Internet Information and Telecommunications Network (ITT) in Part 2 of the present article, within five working days of the date of amendment A project declaration. "; d) to be completed with Part 8, reading: " 8. The developer is responsible for the general use of the project declaration in the information and telecommunications networks, including the changes made to it containing incomplete and/or incorrect information (except for identified cases) technical errors-inventory, grammatical or other similar mistakes), for providing them with incomplete and/or incorrect information, which is provided for by this Federal Law and for violation Number of times the project declaration is to be sent and/or of the Russian Federation, in accordance with the legislation of the Russian Federation. "; 23) in article 20: (a) in Part 1: , paragraph 1, amend to read: " 1) on the trade name (name) of the property developer, location of the developer, mode of operation, telephone number, address of official website of the developer and address of electronic mail, surname, first name, patronymic (if any) of the person performing the function of sole proprio of an executive organ of a developer, as well as on the personalizing a developer of a commercial symbols, if the developer is planning to use such commercial designation in the promotion of the money involved in the equity construction; "; in paragraph 4 of the word" in accordance with the project document; and the actual date of their entry into service "delete; , paragraph 5, amend to read: " (5) on the membership of the developer in self-regulating organizations in the field of engineering, architectural and engineering design, of construction, reconstruction, major maintenance of facilities of capital construction and certificates issued to the developer on the admission to work that affects the safety of the capital construction sites, as well as the membership of the developer in other not-for-profit organizations (including by mutual insurance companies, associations), if he is a member of such organizations and (or) has the said certificates; "; paragraph 6, amend to read: " 6) on the financial result of the current year, the dimensions Payables and receivables at the last reporting date; "; to supplement paragraph 7 with the following: " 7) a developer's declaration of compliance of the developer with the requirements set out in article 3, paragraph 2, of this Federal Law, as well as the conformity of the contract with the developer Surety of legal persons to the requirements established by Part 3 of Article 15-3 of this Federal Law. "; b) to be supplemented by Part 1-1 as follows: " 1-1. In addition to the information provided in Part 1 of this article, the developer has the right to include in the project declaration other information not contrary to the law on the developer. "; 24) in article 21: (a) Part 1, as follows: editions: " 1. Information on the project for the construction of one apartment building and (or) other real estate property, or several apartment buildings and (or) other real estate objects within the boundaries of the planning structure of the neighbourhood, the neighbourhood, the approved territorial planning documentation (hereinafter referred to as the construction project) must comply with the planning documentation of the Territory (except in the case of the Town Planning Code of the Russian Federation) The construction of these properties is permitted under the lack of territorial planning documentation), project documents and information: 1) on types of construction under construction of the capital construction project, the type of contract for which The developer implements the construction project (in case of the conclusion of such a contract), including the contract provided for by the law on urban planning, the persons who performed engineering surveys, architectural design, the results of the review of the project documents and the results of engineering studies, the results of the State ecological expertise, if the requirement to conduct such examinations is established by a federal law, as well as a commercial designation, individualizing an object (a group of objects) Capital construction (in the case of construction of apartment buildings-name of residential complex) if the developer plans to use such commercial designation (name of residential complex) in advertising related to attraction of money Construction Party; 2) Construction permits (date, number, duration, issuing authority); 3) on the rights of the developer to the land on which the building (s) of the apartment building is being built or other objects of real estate, including the reference to the land title, the owner of the land plot (if the developer is not the owner of the land), cadastral and land area; 4) planned elements of territory improvement; 5) on the location and main characteristics of construction (created) under the project for the construction of multi-apartment buildings and (or) other objects of real estate; 6) Planned connection (technological adherence) of multi-family buildings and (or) other real estate objects to engineering support networks, the amount of such connection and the planned connection to the communication networks; 7) Number of construction projects under construction (created) of multi-apartment buildings and (or) other real estate objects of residential premises and non-residential premises, as well as their main characteristics; 8) on the composition of the common property in the construction of a multi-apartment building A house (a list of common premises with their purpose and area, a list and characteristics of technological and engineering equipment designed to serve more than one room in a given house, as well as other property, in the common property of a multi-apartment building in accordance with Housing legislation); 9) on the indicative timetable for the construction project, including information on the phases and the time frame for its implementation, including the projected time frame for the commissioning of the construction (created) of multi-apartment buildings and (or) other real estate; 10) on the planned construction cost of the apartment building (s) and (or) other real estate; 11) on the method of enforcement the obligations of the developer under the contract and/or the bank in which the shares of the Construction should be open to the escrow account; 12) for other agreements and transactions on the basis of which funds are used for the construction (s) of the apartment building (s) and (or) other real estate, except Attracting the funds of the equity participants; 13) on the amount of fully paid capital stock of the developer or the sum of the fully paid equity capital of the developer and the statutory (warehousing) capital, authorized funds for legal entities associated with the developer the name, trade name, location and address, email addresses, telephone numbers of such legal persons; 14) on the maximum area of all of these laws, as set out in article 3, paragraph 2, of this Federal Act. The objects of the equity construction of the developer, corresponding to the size of the authorized capital of the developer, or the size of the maximum area of all the objects of equity construction of the developer and connected with the developer of legal entities corresponding to the amount the size of the authorized capital of the developer and the statutory (stacking) capital, Statuteur funds for legal entities; 15) on the sum of the total area of all dwellings, the area of all non-residential premises in all apartment buildings and (or) other objects of real estate, construction (creation) by the developer in accordance with all its project declarations and which have not been put into operation and, in the event of a developer's contract of sponsorship in accordance with Article 15-3 of this Federal Law, Total living space, total area of all non-residential accommodation of apartment buildings and (or) other objects of real estate, construction (creation) of which is carried out by the developer in accordance with all its project declarations and which are not put into operation, and the total area of all residential premises, area All non-residential premises in all apartment buildings and (or) other real estate, construction (creation) of which are carried out by legal entities associated with the developer, in accordance with all their project declarations and which are not entered into service; 16) information referred to in Part 6 Article 18-1 of this Federal Law, in the case laid down in Part 1 of Article 18-1 of this Federal Law. "; b) supplement 1-1 with the following content: " 1-1. In addition to the information provided in Part 1 of this article, the developer is entitled to include in the project declaration other information not contrary to the law on the construction project. "; 25) in article 23: a) in Part 3: in the first word, delete; , in paragraph 1, replace the word "publish"; in paragraph 2, replace the words "develop and publish" with the words "develop and publish"; in paragraph 3 "prompt" for "right to request"; add points 3-1 and 3-2 of the following content: " 3-1) approves the form of the project declaration; 3-2) approves the form and procedure for developers to report on the performance of activities related to the project. Attracting the funds of the parties to the construction (construction) of apartment buildings and (or) other objects of real estate, including the execution of the approximate schedules of construction projects and their obligations treaties; "; , in paragraph 4, replace the word" implement "with the word" "implements"; b) in Part 6: in the first paragraph of the first word, delete; in paragraph 1, replace by the word "implement"; add to paragraphs 1-1 to 1-4, as follows: " 1-1) monitors compliance by the developer: (a) of article 3, paragraph 2, of this Federal Law of requirements to a developer; b) established by Article 3-1 of this Federal Law of Requirements the disclosure and placement of information; in) the schedules for the implementation of the construction projects; g) of the requirements for the recording of funds paid by the participants of the equity construction; 1-2) issued by Article 18 of this Federal Law, as set out in Article 18 of this Federal Law The conclusion on the conformity of the developer and the project declaration with the requirements set out in article 3, paragraph 2, articles 20 and 21 of this Federal Law, or the reasons for refusal of such confinement; 1-3) is obtained from the developer information about the individual who, in the end, directly or indirectly (through (a) (a) (a) and (b), (c), (c), (c), (c), (c), (c), (c), (c), (c), (c), (c), (c), (c), (c), (c), (c), (c), (c). providing engineering, architectural and engineering design and construction services, with the full name of the legal person or surname, name, patronymic (if any) of the individual entrepreneu, address (location), as well as on the types of goods, works, services and information on These persons have appropriate tolerances (licenses) to carry out these types of work, to supply goods and to provide services, provided that the legislation of the Russian Federation requires the presence of the said tolerances (licenses) in the order and within the time limit set by the authorized body; "; , in paragraph 2, the word" receive "should be replaced by the words" shall be entitled to receive "; to supplement paragraphs 2 to 1 and 2 to 2 as follows: " 2-1) is entitled to receive in order Inter-agency communication between the federal authorities The executive branch, which is responsible for monitoring and supervising compliance with the legislation on taxes and fees, and extracts from a single public register of legal entities (information contained therein), documents and information necessary for the Control of compliance by the developer with the requirements established by paragraph 7 of Part 2 of Article 3 of this Federal Law; 2-2) is entitled to receive in the order of interagency information interaction from the federal authority. the executive authority responsible for the formulation and implementation of the Public policy and regulatory framework in the domestic sphere, documents and information necessary to monitor compliance by the developer with the requirements established by paragraph 8 of article 3, paragraph 8, of this Federal Law; "; , in paragraph 3, the word" receive "should be replaced by" right to receive "; , in paragraph 4, the word" receive "should be replaced with the words" to receive "; , in paragraph 5, the word" receive "should be replaced by the word" right "; Paragraph 6 should read: " 6) receives quarterly reports from the developer on the implementation of activities related to the attraction of funds of the parties to the construction (establishment) of multi-family buildings and (or) other real estate objects, including of the Ministry of Finance of the Russian Federation concerning the performance of construction projects, its obligations under the contracts, and an intermediate and annual accounting (financial) accounts drawn up in accordance with the requirements of the Russian legislation Federation; "; , in paragraph 7, the word" implement " to replace the word "implement"; in paragraph 8, the word "implement" should be replaced by "shall", the word "consider" should be replaced by the word "considers"; paragraph 9 should read: " 9) directs persons, attracting funds from citizens for the construction of apartment buildings and (or) other real estate objects, orders for the elimination of violations of the requirements of this Federal Act, as well as other requirements for the raising of money Citizens for the construction (creation) of multi-family buildings and (or) other objects of real property established by normative legal acts of the President of the Russian Federation, normative legal acts of the Government of the Russian Federation, normative legal acts of the authorized body, and set deadlines the elimination of these violations; "; to supplement paragraph 9-1 with the following: " 9-1) posts information on the checks carried out on the official website of the controlling authority in the Internet telecommunications network of the developer, except for the information, access to OF THE PRESIDENT OF THE RUSSIAN FEDERATION of this Federal Law; "; , in paragraph 10, the word" accept "shall be replaced by the word" shall "; , in paragraph 11, the word" address "should be replaced by the words" to have the right to contact "; to supplement paragraph 11-1 with the following text: " 11-1) sends materials to law enforcement agencies, Mandatory requirements for violations of mandatory criminal cases; "; , in paragraph 12, the word" implement "should be replaced by the word" implements "; in Part 11: 1 as follows: " (1) Expired by a person who attracsums money from citizens for the construction of apartment buildings and (or) other real estate objects issued by the controlling authority the elimination of violations of the requirements of this Federal Act, as well as other Requirements for attracting funds of citizens for the construction of apartment buildings and (or) other objects of real property established by normative legal acts of the President of the Russian Federation, normative legal acts The Government of the Russian Federation, the normative legal acts of the authorized body, if, before the expiry of that period, the person involved in the funds of citizens for the construction of apartment buildings and (or) other objects of real estate was not the violations specified in the violation have been removed; "; add 3-1), to read: "3-1) Deviation of the Developer Project from the approximate timing of the construction project for six months and more months;"; g) Part 15 to supplement paragraphs 5 and 6 with the following: " 5) in The project declaration submitted by the developer to the supervising authority, the developer, has been declared to be false information about the compliance of the developer with the requirements established by Part 2 of Article 3 of this Federal Law and (or) a contract of sponsorship with a developer of legal entities the requirements specified in article 15, paragraph 3, of this Federal Law; 6) after six months from the date on which the regulatory authority issued instructions for the removal of the violation of the requirements set out in article 3, part 2, paragraphs 1, 7 and 8 of this Federal Law, the developer does not eliminate the violation of such requirements. "; d) to supplement Part 18 with the following content: " 18. The Supervisory Authority supervises (supervision) the attraction of funds of citizens for the construction of housing cooperatives of apartment buildings in accordance with the federal laws governing such activities Cooperatives, subject to the provisions of this Federal Law on the Control of Developers ' Activities Related to the Attracting the Funds of Contributors to the Construction of Multi-Boring Houses and/or Other Objects real estate. "; 26) to supplement article 23-1 of the following table of contents: " Article 23-1. A single developer registry 1. The Single Register of Developers is a public information resource and provides a systematic list of the legal persons referred to in article 2, paragraph 1, of this Federal Act and the requirements of the present Federal law. 2. The establishment of a single register of developers is carried out by the federal executive authority authorized by the Government of the Russian Federation. 3. The Government of the Russian Federation shall determine the composition of the Unified Register of Developers and the procedure for its conduct. 4. The information contained in the single register of developers shall be public, public and shall be placed on the official website of the federal executive authority referred to in part 2 of this article in information and telecommunications. "Internet", with the exception of information restricted by the legislation of the Russian Federation. "; 27), to supplement articles 23 to 2 as follows: Article 23-2. Measures for additional protection of rights, legitimate interests and property of equity participants construction 1. In order to further protect the rights, legitimate interests and property of the parties involved in the construction, the obligations to which are not performed by the developers, in respect of which the arbitral tribunal has entered into bankruptcy proceedings, The decision of the Government of the Russian Federation may create a fund whose funds are formed by obligatory contributions (contributions) by developers, attracting money from the participants of the equity construction for construction (creation) of apartment buildings and (or) other real estate objects. 2. The management of the fund, the size and the order of the compulsory contributions (contributions) to the fund, the conditions and procedures for the use of the fund and the rules for the placement and investment of the fund, as specified in part 1 of this article shall be established by the Government of the Russian Federation in accordance with the legislation of the Russian Federation and subject to the requirement of Part 3 of this article. 3. The amount of compulsory contributions (contributions) of the developer to the fund referred to in part 1 of this article may not be fixed at more than one per cent of the planned construction cost of the apartment building (s) and (or) other real estate, as specified in the project declaration of the developer. ". Article 2 Article 2 Act No. 127-FZ of 26 October 2002 Insolvency Law of the Russian Federation Russian Federation, 2002, No. 43, art. 4190; 2011, No. 29, sect. 4301; No. 49, sect. 7024; 2013, No. 27, sect. 3481; 2015, No. 29, Art. 462; 2016, No. 1, st. (11) the following changes: 1) in article 201-1, paragraph 1: (a) in subparagraph 3, after the words "in the apartment building", add " or a dwelling (part of a dwelling house) in a builtup housing block consisting of three and more blocks (hereinafter referred to as the housing block) ", the word" which "should be replaced by" not entered "; b) in subparagraph 5, after the words" apartment building ", insert the words" or a dwelling house ", after the words" including the multi-family house "with the words" or residential building block ", the word" which "shall be replaced by the word" which "; 2) in article 201-10: (a) paragraph 3, subparagraph 4, after the words" in the apartment building "should be supplemented with the words" or the housing block of blockages "; (b) In the first paragraph of paragraph 7, after the words "the apartment building", add the words "or housing of the blocked building", the word "his" after the words "the transfer of residential premises in a specified apartment house" to read " or of the designated dwelling house of the blockhouse ", after the words" with respect to one and the of the same accommodation in a specified apartment house "add the words" or a specified housing house of the blocked building "; in) to supplement paragraph 17 with the following content: " 17. In the event of a transfer under this article to the construction of the construction-in-progress facility, the developer's rights to the construction-in-progress facility and the land parcel stop from the date of the State registration of the transition The rights of the developer to the construction-in-progress facility and the land plot to a housing cooperative or other specialized consumer cooperative. The termination of such a pledge in this case does not result in a change in the order of satisfaction of the claims that were secured by the collateral, non-construction creditors. "; 3) in article 201-11: (a) In paragraph 1, after the words "apartment building", add "or housing block housing", the word "which" should be replaced by the word "which", the word "multi-apartment" deleted; b) in paragraph 3: in subparagraph 1 the words "at home," to be replaced by the words " at home, of a dwelling house block construction, construction of which "; , in subparagraph 5, replace" house, construction of which "is replaced by the words" house, construction of which "; In addition to the words "or housing"; , after the words "the apartment building", add the words "or the housing block of the blocked building"; .) to supplement paragraphs 9 and 10 with the following text: " 9. In the event of a transfer in accordance with this article to the participants in the construction of the collateral for the building blocks of the apartment building, the construction of which has been completed, the plot of land, the occupied dwelling shall be terminated in the following order: 1) on the apartment building from the date of the state registration of the right of the first participant of construction to residential premises in this apartment building; 2) on the plot of land from the date of transfer of residential premises in the apartment building all construction participants; 3) to the participant Construction of a residential building in the apartment building from the date of the state registration of the right of the participant of construction to this dwelling. 10. The termination of the mortgage of the developer's rights to the apartment building, the construction of which is completed, the land plot, the occupied dwelling in the cases referred to in paragraph 9 of this article does not change the order of satisfaction requirements that were secured by such a pledge, non-construction creditors. "; 4) in the first paragraph of article 201, paragraph 1, of the word" house whose construction "is to be replaced by the words" the home, the residential house of the blocked the construction of which "; 5) in article 201-15, paragraph 1, of the words" at home, the construction of which "shall be replaced by the words" the house, the dwelling house of the blocked buildings, the construction of which shall be constructed ". Article 3 Article 123-2 1) in Part 2: a) in paragraph 1, replace "receive from" with "receive in the order of inter-institutional communication from"; b) to supplement paragraph 1-1 of the following Content: "1-1) to supervise the observance by the housing cooperative of article 123, paragraph 1, of this Code of Requirements for the placement of information and documents;"; , in paragraph 2 of the word " obtain be replaced by "replace" by "cross-word" information supplement the words "(including documents related to the construction of the apartment building)"; g) to supplement paragraphs 2-1 and 2-2 as follows: " 2-1) to be received as an inter-institutional arrangement Information interaction between the federal executive body, which oversees and supervises the compliance with the legislation on taxes and fees, and extract from a single public register of legal persons (information, contained therein), documents and information required for the control of the The activities of the housing cooperatives involved in attracting citizens ' money for the construction of a housing cooperative of the apartment building; 2-2) to obtain through inter-agency information interaction with the federal executive body responsible for the formulation and implementation of public policies and regulations in the area of internal affairs, documents and information necessary for implementation Compliance with the requirements set out in article 116-1, paragraph 1 of this Code; "; d) to supplement paragraphs 3-1-3-3 with the following content: " 3-1) to receive, in the order of inter-institutional information, from the registration authority the documents and information necessary for Monitoring of the activities of the housing and construction cooperative involving the use of citizens ' money for the construction of a housing cooperative of the apartment building; 3-2) to obtain from the housing construction the cooperative and other persons with whom such cooperative has concluded treaties, related to the construction of the apartment block, as defined in article 11 of the Federal Act No. 294 of 26 December 2008 on the protection of the rights of legal persons and individual entrepreneurs in the exercise of State control (supervision) and " Documents and information required for the exercise of State control (supervision) of the activities of the housing and construction cooperative connected with the use of funds of citizens for construction housing cooperative of the multi-apartment building and whose list is established by the State authorities of the constituent entities of the Russian Federation; 3-3) to receive quarterly reports from the housing cooperative on the implementation of the activities of the housing and construction cooperative connected with the Attracting the funds of citizens for the construction of a housing cooperative of the apartment building, including the performance of such a cooperative in front of the members of the cooperative and other persons, on the forms and in the manner in which by the Government of the Russian Federation The federal executive branch, as well as the interim and annual accounting (financial) accounts prepared in accordance with the requirements of the legislation of the Russian Federation; "; (e) to supplement paragraph 5-1 of the following Content: " 5-1) to take the measures necessary to attract housing and construction cooperatives (their officials) to liability, established by federal laws and legislation of the Russian Federation on administrative and administrative matters. offences; "; f) to supplement paragraphs 9 and 10 of the following : " 9) to send to law enforcement agencies materials related to violations of mandatory requirements, to deal with criminal cases on the grounds of crime; 10) to carry out other provided for by federal law. "; (2) in part 6, paragraph 1, of the word" failure to perform "should be replaced by the words" expiry of the period of execution "; 3) to be supplemented with Part 7, reading: " 7. The supervisory authority places information on its official website on the Internet Information and Telecommunications Network on the activities carried out by the housing cooperative, with the exception of information, access to which is restricted by the law of the Russian Federation, as well as information on the prosecution of offences against the requirements of this Code and other requirements established by law. ". Article 4 Parts 7 and 8 of article 28 of the Federal Law dated March 13, 2006, No. 38-FZ " On Advertip " (Russian Federation Law Assembly, 2006, No. 12, Art. 1232; 2013, No. 30, sect. 4084; No. 51, sect. 6695; 2015, No. 1, st. (13) Amend the text as follows: " 7. Advertising associated with the use of funds of the parties involved in the construction (creation) of apartment buildings and (or) other objects of real estate should contain information about the location of the project declaration envisaged in the project. by a federal law, the name of the developer or the commercial designator identified in the project declaration. Advertising associated with the use of the funds of the parties to the construction of a multi-apartment building and (or) other real estate may contain a commercial designation, individualizing an object (group (in the case of construction of multi-family houses-the name of the residential complex), if such commercial designation (name of the dwelling complex) is specified in the project declaration. 8. Advertising, involving the funds of the parties involved in the construction (creation) of apartment buildings and (or) other objects of real estate, is not permitted before the issuance of construction permits is granted in accordance with the established procedure. of the apartment building and (or) other real estate, state registration of ownership or lease rights, sublet on the plot of land on which the construction of the apartment building (s) and (or) other object is carried out the properties of which the shares will be located Construction, obtaining the opinion of the Commissioner for the exercise of State control (supervision) in the area of equity construction of apartment buildings and (or) other immovable property of the executive authority of the constituent entity of the Russian Federation, on the territory of which the construction (creation) of the relevant apartment building and (or) other real estate, the conformity of the developer and the project declaration with the requirements established by the Federal Law of 30 December 2004 No. 214-FZ " On participation in the construction of multifamily of the houses and other objects of real estate and the introduction of amendments to some legislative acts of the Russian Federation. ". Article 5 Amend Federal Law dated July 13, 2015, No. 218-FZ " On State Registration of Real Estate " (Legislative Assembly of the Russian Federation, 2015, No. 29, p. 4344) the following changes: 1) Article 26, part 1, to complete paragraphs 54 and 55, reading: " 54), the registration authority has received notification of the Commissioner for the exercise of State control (supervision) in The President of the Russian Federation, the Ministry of the Republic of Azerbaijan, the Republic of Azerbaijan, the Kyrgyz Republic, the Republic of Azerbaijan and the Republic of Poland. for the construction (establishment) of multi-apartment buildings in the cases and the manner in which Federal Act No. 214-FZ of 30 December 2004 on participation in the construction of apartment buildings and other real estate objects and amending certain legislative acts of the Russian Federation; 55) The insurance or contract of the bank specified in article 48, paragraph 5, of this Federal Law, or the guarantee contract specified in paragraph 6 of article 48, paragraph 6, of this Federal Act, terminated or terminated in the OF THE PRESIDENT OF THE RUSSIAN FEDERATION Amend the text as follows: " Article 48. Features of the State registration of the sharebuilding construction contract, the assignment of requirements contract on the sharebuilding and rights participant { \cs6\f1\cf6\lang1024 } equity { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } State registration of the participation agreement in equity construction is carried out on the basis of the declaration of the parties to the agreement (the developer, the participant of the equity construction). 2. For the state registration of the agreement of participation in equity construction concluded by the developer with the first participant of the equity construction of the apartment house and (or) other real estate object, along with the documents provided for hereby The federal law for state registration of the participation contract is necessary: 1) construction permit. The applicant has the right not to submit a construction permit. In the event that a construction permit is not submitted by the applicant, the registration authority requests the construction permit (information contained in the construction permit) in the authority issuing the construction permit, which shall represent it within no more than two working days from the date of receipt of the request by the registration authority; (2) the plan of the apartment building being created, another real estate object with its location, the number of its members of a multi-apartment building, another residential and non-residential real estate premises, machinery space, planned area of each of these rooms and machinery; 3) project declaration; 4) authorized to exercise State control (supervision) in the area of equity The construction of apartment buildings and (or) other objects of real estate of the executive power of the constituent entity of the Russian Federation, in the territory of which construction (creation) of the relevant apartment building and (or) other object is carried out property (hereinafter referred to as the controlling authority), on the conformity of the developer The project declaration of the Federal Law No. 214-FZ of 30 December 2004 "On participation in the construction of apartment buildings and other real estate objects and amending certain legislative acts of the Russian Federation", issued no earlier than sixty days prior to the date of submission of the application for state registration of the participation in equity construction concluded by the developer with the first participant of the equity construction of the apartment building and (or) inago of a real estate object. The applicant has the right not to submit the said opinion, in which case the registration authority requests the specified opinion in the controlling body, which shall submit it for a period of not more than two working days from the date of receipt of the request by the registry office rights; 5) insurance contract for civil liability of the developer for failure or improper fulfillment of obligations on transfer of residential premises on a contract of participation in equity construction or a contract of bank suretyship for proper performance by the developer of the obligation to transfer 214-FZ "On participation in equity construction of apartment buildings and other real estate objects and changes to some legislative acts" With the exception of the case, the Russian Federation, in accordance with the Federal Act No. 214FZ of 30 December 2004 on participation in the construction of apartment buildings and other objects of real estate OF THE PRESIDENT OF THE RUSSIAN FEDERATION It is the duty of the participant of the equity construction to pay the money to pay the price of the contract of participation in equity construction in the bank account, opened at the bank in accordance with the said Federal Law; 6) the prisoner In accordance with Federal Act No. 214FZ of 30 December 2004 on participation in the construction of apartment buildings and other real estate objects and amendments to certain legislative acts of the Russian Federation, the Treaty surety on obligations of a developer who has no authorized capital In accordance with the requirements of Federal Act No. 214-FZ of 30 December 2004 on participation in the construction of apartment buildings and other real estate objects and amendments to certain legislative acts of the Russian Federation, -Participation agreements in the construction of the apartment building; 7) lists of citizens eligible for the purchase of an economic class, which is built or built on the land of a single institution for development in the housing sector or on land that is not owned by the State a distinction between which a single institution of development in the housing sector is administered on behalf of the federal executive authority exercising the functions of administering federal property and which is donated Rental for the construction of an economic class, including for their integrated development for the construction of such dwellings, or rent for the construction of the minimum required housing of the economy class, including for their complex development Development in the minimum required housing for the economic -Class and other housing construction, in accordance with the conditions provided by the Federal Act No. 161-FZ of 24 July 2008 "On the promotion of housing development". In the event that the applicant is not provided with the lists, the registration authority requests the lists in the authorized body of local self-government, which approved the lists under the Federal Act of 24 July 2008. 161-FZ "On the promotion of housing development" and is obliged to provide the requested information within a period of no more than two working days from the date of receipt of such a request. 3. For the State registration of subsequent contracts of participation in the equity construction of the apartment building and (or) other real estate object along with the documents necessary for the state registration of the agreement of participation in equity construction, Pursuant to this Federal Law, with the exception of the documents referred to in paragraphs 1 to 7 of Part 2 of this Article, the developer is also required to submit the bank's insurance or the guarantee contract specified in paragraph 5 of Part 2 of this Article. articles, if the treaty in question is concluded Each participant of the equity construction of the apartment house and/or other real estate object. 4. The registration authority for the State registration of subsequent agreements to participate in the construction of the apartment building and (or) other real estate object is not entitled to claim documents that were previously submitted to the State. Registration of the agreement of participation in equity construction, concluded by the developer with the first participant of the equity construction of the apartment building and (or) other real estate object, and placed in the registry case. 5. Within five working days from the date of implementation of the state registration of the agreement of participation in equity construction concluded by the developer with the first participant of the equity construction of the apartment building and (or) other real estate object, The registration of rights sends a notice to the supervisory authority at the controlling authority's e-mail address. 6. In the State registration of the agreement of participation in the joint construction, additional information is also provided in the Single State Register of Real Estate: 1) on the insurance organization or the civil insurance company liability of developers who have concluded an insurance contract for 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, as well as insurance the amount under the insurance contract; 2) of the bank that concluded The bank's guarantee contract for the proper execution of the obligations on the part of the developer for the transfer of residential premises under the contract of participation in equity construction, as well as the amount (size) of the sponsorship provided; 3) on the bank in which in accordance with the agreement of participation in the equity construction, a special account must be opened for an escrow account for the payment of the price of such a contract; 4) on the guarantor (s) that concluded the contract surety on obligations of a developer who has no authorized capital In accordance with the requirements of Federal Act No. 214-FZ of 30 December 2004 on participation in the construction of apartment buildings and other real estate objects and amendments to certain legislative acts of the Russian Federation, The contracts of participation in the equity construction of the apartment building. 7. In the event that the registration authority notified the supervisory authority about the lack of the right of the developer to engage the money of the citizens who are parties to the equity construction, the construction (creation) of apartment buildings In the cases provided for by Federal Act No. 214-FZ of 30 December 2004 on participation in the construction of apartment buildings and other real estate objects and amendments to certain legislative acts of the Russian Federation, the United State Register of Real Estate for Registered The contracts of participation in the construction of apartment buildings and the rights to land on which the construction (creation) of such apartment buildings are carried out are also provided with additional information about the absence from the developer of the said permissions. The registration of rights within five working days from the date of application of such information to the Single State Register of Real Estate is obliged to send to the participants of the equity construction which are party to the contracts of participation in the equity construction, The e-mail addresses specified in these contracts are notified that the developer has no right to use the money of the citizens who are parties to the equity construction, to build (create) apartment buildings. In case of absence from the contract of participation in the construction of an e-mail address, such notification shall be made in writing by mail. 8. An application for the inclusion in the Single State Register of information on avoidance or termination of the participation contract may be submitted by one of the parties to the contract of participation in the equity construction with the application of the documents, or the termination of the contract. In the event that a party to the participation agreement unilaterally withdrew from the performance of the contract, a copy of the notice of the other party to the contract for the unilateral refusal of execution of the contract in the form of a contract of execution shall be attached to the application. A letter of departure and, upon the termination of the contract, a copy of the court's decision on the termination of the contract, duly authenticated by the court which handed down the decision. The registration authority shall, within one working day, notify the other party to the contract at the address of the electronic mail specified in the contract. In the absence of an e-mail address in the contract, the notification shall be sent in writing by mail. 9. The registration authority shall, within five working days from the date on which the Single State Register of Real Estate is entered into the details of the termination, termination or unilateral refusal of one of the parties to the contract of participation in the equity construction, The obligation of the participant of the equity construction to pay the price of the contract of participation in the equity construction to the special account of the bank, is obliged to send money to the bank in accordance with such agreement must be opened account by the email address specified in the contract of participation in the The State Register of Real Estate Records on State Registration of the State Registration of the Agreement on participation in equity construction. 10. State registration of the agreement (s) on the basis of which the assignment of the rights of the parties to the equity contract of participation in the construction contract is made (hereinafter: the contract of assignment of the rights of claims under the contract of participation in the contract of participation in the (a) The assignor and the assignee of the contract. For the state registration of the contract of assignment of rights requirements under the contract of participation in the equity construction is also necessary: 1) the contract of assignment of claims under the contract of participation in equity construction; 2) Help, attesting to the full or partial payment of the price of the contract of participation in the construction by the assignor to the developer who is a party to the contract of participation in the equity construction, with an indication of the amount and timing of the payment and issued by such a developer or the bank through which the payments were made. 11. For State registration of the right of the participant of the equity construction to the equity construction project, together with the documents provided for by this Federal Law for State registration of such a right, it is also necessary: 1) Authorization to enter into the operation of the apartment building and (or) other real estate, which includes the object of the equity construction, obtained by the registration authority in accordance with the procedure provided for in article 19 of this Federal Law. In the event that the registration authority has not obtained the permission to enter into service in this order, the developer is entitled, on his own initiative, to transfer the permit for the commissioning of the apartment building and (or) other object The real estate, which includes the share-building object, or a notarized copy of this permission to the registration authority for the State registration of ownership rights of the participants of the equity construction on the objects of the equity. Construction not later than ten working days after receipt of the permit; (2) the participation agreement in the equity construction or the contract of assignment of claims under the contract of participation in the equity construction, if such a contract assignment is concluded (State registration of the right of the party contributor). The construction of the equity construction contract is a true copy of the participation contract in the equity construction or the contract of assignment of claims under the contract of participation in the equity construction, which after the State registration of the law return to the right holder); 3) transfer act or other The document on the transfer of the equity construction. 12. Within five working days from the date of refusal of the state registration of the contract of participation in equity construction, the contract of assignment of requirements under the contract of participation in equity construction, the right of the party-construction participant to the share-building object. Construction of the registration authority notifies the controlling authority at the address of the control authority's e-mail address. "; 3) of article 62, paragraph 7, after the words" transaction in relation to the facility, "with the words" the lack of information property developer has the right to attract funds of citizens who are as part of article 48 of this Federal Law, Article 6 Article 6 Article 6 . Provisions of articles 3, 18, 18 and 18-1 of the Federal Act of 30 December 2004 No. 214FZ 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 " (in the wording of this Federal Law) do not apply to legal relations on attraction of money builder on equity participation in equity contracts, after the date of entry into force of this Federal Act, if a court act has entered into force on the day of the entry into force of this Federal Act, a procedure to be applied in the case shall be enforceable. Bankruptcy in accordance with Federal Act No. 127FZ of 26 October 2002 on insolvency (bankruptcy) (...) (...) (...) Procedures for the liquidation of a legal person who is a developer and the performance of the obligations of the developer under the contracts of participation in the equity construction concluded after the date of the entry into force of this Federal Law shall be ensured. in accordance with Federal Act No. 214FZ of 30 December 2004 on participation in the construction of multifamily buildings and other objects of real estate and changes in some OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. In the case referred to in Part 1 of this article, the use by the developer of the cash paid by the equity participants in the participation construction contracts shall be exercised in accordance with article 18 of the federal law dated December 30, 2004 No 214-FZ " On participation in the construction of apartment buildings and other real estate objects, and changes to some THE RUSSIAN FEDERATION to the date of entry into force of this Federal Act. 3. Part 2-Article 1, paragraphs 2-8 of Part 2 and Parts 2-2-2-6 of Article 3 of the Federal Act of 30 December 2004 No. 214FZ On Participation in the The equity construction of multi-family buildings and other real estate objects and amendments to some legislative acts of the Russian Federation " (in the wording of this Federal Law) applies to the relations connected with the involvement of of funds participating in the construction of the (creation) of apartment buildings and (or) other real estate objects, if the state registration of the first contract of participation in the equity construction of the apartment building and (or) other real estate is carried out after January 1, 2017. 4. Effect of the provisions of article 3, paragraph 1, paragraph 1, and article 3, paragraphs 2 to 1, article 12-1, article 15-3 of the Federal Law of 30 December 2004 No. 214FZ " On Participation in the equity construction of apartment houses and other real estate objects and amendments to some legislative acts of the Russian Federation " (in the wording of this Federal Law) applies to relations related to the use of funds from the parties to the construction sector (creation) of apartment buildings and (or) other real estate objects, if the state registration of the first contract of participation in the equity construction of the apartment building and (or) other real estate is carried out after July 1, 2017. 5. Before the technical possibility of completing the electronic form of the project declaration on the Internet Information and Telecommunications Network, in accordance with article 19, part 2, of the Federal Law dated December 30, 2004 No 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 A project declaration, a change in the project declaration to the authorized body of the executive authorities of the constituent entity of the Russian Federation, exercising state control (supervision) in the area of equity construction of apartment buildings and (or) other of immovable property in the territory of this subject of the Russian Federation, in accordance with the procedure established by the designated authority. Article 7 1. This Federal Act shall enter into force on 1 January 2017, with the exception of article 1, paragraph 27, of this Federal Act. 2. Article 1, paragraph 27, of this Federal Law shall enter into force on the date of the official publication of this Federal Law. 3. The provisions of Part 2, paragraph 1, and Parts 2 to 1 of Article 3, Article 12-1, Articles 15-3-15-5 and 23-1 of the Federal Act of 30 December 2004 No. 214FZ " On The participation of the Russian Federation in the construction of apartment buildings and other real estate objects and amendments to some legislative acts of the Russian Federation " (in the wording of this Federal Law) will be applied from July 1, 2017. President of the Russian Federation Vladimir Putin Moscow, Kremlin 3 July 2016 No 304-FZ