On July 1, a new edition of the rules of the road comes into force. New signs have been introduced: they indicate areas where vehicles with “dirty” exhaust are prohibited from entering. The restrictions may affect tens of millions of old cars with Euro-0, Euro-1, Euro-2 engines, but so far these bans are purely theoretical: the signs have not yet been included in GOSTs, and it is not clear when they will appear there. For this reason, city authorities cannot yet use signs, even if they wanted to. There are a few more innovations for motorists related to July 1st. Details - in the reference material "Kommersant".
On July 1, Government Decree No. 832 of July 12, 2017 comes into force. A number of new signs have been introduced into the rules of the road.
Sign 5.35 "Zone with the restriction of the ecological class of motor vehicles." Indicates the place from which the territory begins, where the movement of motor vehicles is prohibited, the environmental class of which (indicated in the documents for the car) is lower than the value indicated on the sign. Sign 5.36 - a sign similar to 5.35, restricting the passage of trucks with an engine of a certain environmental class. The effect of the new signs does not apply to vehicles of the military, police, emergency services, fire department, ambulance, gas network emergency service, mail.
Information plate 8.25 "Ecological class of the vehicle". It is installed in combination with the signs 3.3 "Motor vehicles prohibited", 3.4 "Trucks prohibited", 3.5 "Motorcycles prohibited", 3.18.1–3.18.2 "No turning", etc. For example, if under the sign “Turn to the right is prohibited” there is a sign indicating the environmental class 3, which means that cars with an engine of the Euro-2, Euro-1 and Euro-0 classes cannot turn right.
Control can be organized using cameras. The car passing in the control zone is photographed, the number is recognized, information about the environmental class of the car is requested from the database of the Ministry of Internal Affairs.
The second option involves the work of an inspector: he checks the environmental class in the certificate of registration (CTC). If the car drives into the prohibited zone, then a fine is issued, most likely for non-compliance with the requirements of signs (part 1 of article 12.16 of the Code of Administrative Offenses) - 500 rubles. So far, there has been no official clarification from the traffic police in this regard. The sanction can be increased to 10 thousand rubles, Mikhail Brechak, the first deputy chairman of the State Duma Committee on Transport, said earlier, but the necessary law for this was not adopted.
And this is the most interesting question. The environmental class has been affixed to the TCP since 2010–2011. Thus, cars older than seven or eight years, most likely, will not have any class in the documents. According to official traffic police data, there are 11.2 million passenger cars aged 5–10 years, 7.7 million cars aged 10–15 years and 14.5 million cars over 15 years old registered in Russia - all of them are almost certainly without an environmental class.
Strictly according to the text of the traffic rules: if the class is not assigned to the car, then no legal consequences for the car owner should occur.
Moreover, it even turns out that it is more profitable to have an old car without a class indication than a relatively modern car with a class: you can drive wherever you want, passing under any sign. But most experts fear that the photo and video recording system will equate such a car to the Euro-0 category and the owner will receive a fine - this is a completely plausible version. The Moscow TsODD told Kommersant that the capital's photo and video recording system is ready for a new type of control. But in fact, no one understands how all this will function.
But already from July 1, 2022, the second part of government decree No. 832 will enter, according to which the ban will also apply to cars without an environmental class in the documents. In this case, everyone is guaranteed to receive fines: both the owners of a Zhiguli from the 70s, and some old diesel Mercedes from the early 80s.
Are there many cars with a high ecological class engine?
There is another topic related to the date July 1, 2018. From this date, as previously reported, a unified system of electronic vehicle passports (EPTS) was to be launched in Russia, Kazakhstan, Belarus, Kyrgyzstan and Armenia, which should replace the paper PTS. Read more about the project of electronic passports - in the material "Kommersant". But by a recent decision of the board of the Eurasian Economic Commission, this date was postponed to November 1, 2019 (not for the first time). So while traditional paper TCPs are still issued and valid: nothing changes.
At the same time, an order from the Ministry of Internal Affairs should be issued soon, allowing you to register a car with EPTS in Russia. The draft document was ready at the end of the year, it has already been signed by Interior Minister Vladimir Kolokoltsev, and now it must be registered by the Ministry of Justice. According to Kommersant's information, Russian automakers are really looking forward to this document: they are already ready to release the first cars with a new electronic PTS off the assembly line, but you cannot register a car without an order from the Ministry of Internal Affairs.
Yes, another interesting story unfolded around cars that are introduced into Russia in single copies - the date of July 1, 2018 is also associated with them.
The fact is that since 2017 the rule has come into force: not a single car can be produced or imported into Russia without the ERA-GLONASS emergency alert system. For citizens importing single copies of cars into the Russian Federation (for example, right-hand drive cars in the Far East), a temporary procedure for installing equipment was introduced. At the same time, according to the minutes of the meeting with Deputy Prime Minister Dmitry Rogozin dated March 14, 2017 (scanned document), the temporary procedure should be valid until July 1, 2018 at the latest, but this date was not mentioned in official documents and messages. In April 2018, the authorities of Primorye appealed to the government of the Russian Federation with a request to extend this procedure. At the same time, the Ministry of Industry and Trade, at the request of Kommersant, was informed that nothing has changed since July 1, the temporary order continues to operate. “We are waiting for July 1st. Only then will it become reliably known whether the current import procedure remains in force or not, ”said Andrei Galitskikh, a former deputy of the Vladivostok Duma, to Kommersant (last year he was one of the initiators of protests against the mandatory installation of the ERA-GLONASS system on imported cars). The head of the press service of the Far Eastern Customs Administration, Polina Stetsurenko, said that from July 1, the procedure for importing used cars will not change.
Ivan Buranov; Oksana Pavlova, Novosibirsk; Olga Kudrina, Kazan; Alexey Chernyshev, Vladivostok; Yulia Kolbina, Perm
The rumor that the law on bank cards from July 1, 2018 will force every citizen to pay tax on “non-salary” receipts over 4,000 rubles and report all account replenishment to the tax office has excited and confused most Russians. Few people bothered to find out in connection with what changes in NK arose panic.
We will tell you what the true meaning of innovations in financial legislation is, whether a tax will be charged on transferring money from card to card, what is the law on blocking bank cards, which was indeed adopted by the State Duma and will come into force in 2018.
First of all, we draw the attention of readers to the fact that no law on cards will come into effect from July 1, 2018 due to its absence.
The legal information portal website received numerous requests on this issue. Here are typical examples:
“Shed light on the situation: is it true that the law on bank transfers to a card of 2018 will oblige you to pay 13% tax on each receipt, regardless of the amount? And if this is not done, will they be fined another 20%?” Marina from Saratov asked.
“How will the law on bank cards operate from July 1? What document should be submitted to the tax office if I transfer half of my wife's salary to the household from each salary? Or is it also an object of taxation?” Igor from Biysk asked.
A huge number of rumored questions forced the Federal Tax Service on June 20, 2018 to give an official clarification on this matter. The information is available on the website of the Federal Tax Service itself, in the Guarantor legal reference system.
The meaning of the response of the instance is as follows.
Apparently, the rumors about the total control of card transfers were born in connection with the changes that took place on 06/01/2018. Art. 86: Now, upon request, banks transmit to NI information about the presence of accounts, deposits, write-offs or the absence of money movements on accounts opened in precious metals.
Indeed, the tax authorities have the right to request data on the status of accounts, deposits and electronic wallets of citizens. That's why she's tax! But the fiscal authority may not receive this information at any time. For this, two conditions must be met:
At the end of the clarification, the Federal Tax Service indicated: "Information on the accrual of taxes and fines for all outstanding receipts on citizens' cards is not true."
The conclusion is this: the new law on the “tax from bank cards” from July 1, 2018 is another canard, massively distributed by social networks and unreliable Internet resources.
Due to the hype generated by pension reform, the football championship and the fictitious bank card law of 2018, another piece of news has gone unnoticed. On June 20, 2018, the Federation Council approved the law on blocking cards when there are signs of possible theft. The State Duma adopted this project on June 5.
The bill numbered 296412-7 makes the appropriate adjustments:
It will enter into force 3 months after signing by the President. The bill card is available on the electronic legislative support system. The package of documents and the text of the bill itself can be downloaded.
In this way, legislators decided to fight the fraud that has become widespread in online banking transactions. The law is designed to protect citizens' funds from illegal withdrawals and payments.
The bank has the right to block the transfer if it detects signs that the transfer is being carried out without the consent of the account holder. It is proposed to limit the blocking time to 2 working days.
The bank's client is immediately notified of a potentially illegal debit from his account. It must either confirm or deny the enumeration. If a ban is received, the bank is responsible for returning the money.
The list of signs of theft will have to be compiled by the Bank of Russia. Based on his instructions, other banks will be able to supplement or refine this list.
For inter-organizational transfers, banks will have the power to delay the transfer of funds to the recipient's account after they have been debited from the sender's account for up to 5 business days. But for this, the payer must receive a message about debiting money without permission.
In this regard, the question arises: will delays in transfers of funds due to the law on blocking bank cards become permanent? It is premature to talk about this before the signs of theft approved by the Central Bank are made public.
The form of carrying out the procedures for determining the supplier (contractor, performer) has been changed. Now competitions will be held in electronic form.
Operators of electronic platforms will ensure their holding, which will not only reduce the possibility of collusion between customers and procurement participants and procurement participants among themselves, but also simplify the collection of documents necessary for participation in procurement.
A mechanism for submitting applications in electronic form has been established. In particular, a special bank account is being introduced, which is opened by the procurement participant in a bank included in the list of credit institutions that meets the requirements established by the Government of the Russian Federation.
The federal law is aimed at improving the efficiency of procurement of state corporations and companies with state participation.
Thus, it is envisaged to conduct the sale of state or municipal property in electronic form on an electronic site by an operator of an electronic site. At the same time, they must comply with the requirements established by Russian legislation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs, as well as the requirements established by the Government of the Russian Federation
In addition, it was established that the law “On the Procurement of Goods, Works, Services by Certain Types of Legal Entities” does not apply to relations related to the execution by the customer of an agreement concluded with a foreign legal entity, the subject of which is the supply of goods, performance of work, provision of services outside the Russian Federation. Federation, the implementation by the customer of purchases from legal entities recognized as interdependent with him, as well as the purchase of goods, works, services by a legal entity registered in the territory of a foreign state, in order to carry out its activities in the territory of a foreign state.
Procurement methods are also divided into competitive and non-competitive. Competitive procurement includes tender, auction, request for proposals and request for quotations.
The procedure and cases for the blocking of funds contributed by participants to secure applications for participation in competitive procurement, and the termination of such blocking, have been established. It also defines the procedure for using the state information system that records legally significant actions, inaction in a single information system, on an electronic platform during such a purchase.
Decree of the Government of the Russian Federation of June 8, 2018 No. 656 “On the requirements for operators of electronic sites, operators of specialized electronic sites, electronic sites, specialized electronic sites and the functioning of electronic sites, specialized electronic sites, confirmation of compliance with such requirements, on the loss by a legal entity of the status of an operator electronic platform, operator of a specialized electronic platform"
Uniform requirements have been approved for operators of electronic sites, operators of specialized electronic sites, electronic sites, specialized electronic sites and the functioning of such sites. The procedure for confirming the compliance of electronic platforms with the uniform and additional requirements for operators and the functioning of electronic platforms, as well as the procedure for the loss by a legal entity of the status of an operator of an electronic platform, an operator of a specialized electronic platform, has been determined.
Individual entrepreneurs who are taxpayers applying the patent system of taxation, as well as organizations and individual entrepreneurs who are taxpayers of the single tax on imputed income, are required to switch to online cash desks. This will affect only those individual entrepreneurs and organizations that provide services in the field of catering.
Payment of salaries to employees of state and municipal bodies, institutions, state off-budget funds, salaries, remuneration and allowance of civil servants, as well as state scholarships will be made only to the national payment card "Mir"
From July 1, 2018, veterinary accompanying documents will be issued only in electronic form. Documents can be issued on paper only in exceptional cases: in the absence of access to the Internet in the settlement, and also if the accompanying veterinary documents contain information constituting a state secret.
When applying for a mortgage, an electronic mortgage will be used. It will contain information about the mortgagor and the borrower under the mortgage loan, the name of the loan agreement, the amount of the mortgage loan and the term of its payment, as well as the name and description of the property purchased on the mortgage.
Manufacturers of alcohol-containing medicines and medical products are required to declare their products manufactured in the amount of more than 200 decaliters per year, and transfer information about it to the unified state automated information system for recording the volume of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products (EGAIS). Failure to comply with these requirements will be regarded as a violation of the procedure for recording and declaring the volume of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products.
Decree of the Government of the Russian Federation of May 23, 2018 No. 588 “On approval of the list of services provided directly at the airports of the Russian Federation and the airspace of the Russian Federation for servicing aircraft, including air navigation services, the implementation of which is not subject to taxation (is exempted from taxation) with value added tax price"
A list of airport services that are exempt from VAT has been approved. It included: ensuring takeoff, landing and parking of aircraft; ensuring aviation security; provision of refueling with aviation fuel; fuel storage; air navigation services.
Citizens will evaluate the effectiveness of leaders
multifunctional centers for the provision of state and municipal services (MFC). The assessment will be carried out by SMS surveys of visitors to the centers, using terminals installed at the MFC, as well as on the Internet, in particular on the Vash Control website and the Unified Portal of State and Municipal Services.
From July 1, 2018, organized transportation of children, whose routes run in Moscow and the region, as well as in St. Petersburg and the Leningrad region, can be carried out on buses no older than 10 years.
From July 1, 2018, for organized transportation of groups of children on the roof of the bus, a yellow or orange flashing beacon must be turned on while driving.
The initial (maximum) price of the contract, above which the customer is obliged to establish a requirement for securing bids for participation in tenders and auctions, is set at 1 million rubles.
From July 1, telecom operators are required to store text messages, voice information, images, sounds, video and other messages from users of communication services.
The Government of the Russian Federation has established the Rules for the storage of information. In particular, telephone conversations and text messages of subscribers will be stored for six months, correspondence in social networks and instant messengers, attachments and other user content - for 30 days. After six months from the date of saving the records, they will be automatically deleted.
Telecom operators are required to store this information only on the territory of Russia.
New signs will appear in the Rules of the Road, which will be able to impose restrictions on cars depending on their environmental class. These are the signs: "Zone with restriction of the ecological class of motor vehicles", "Zone with restriction of the ecological class of trucks", "End of the zone with restriction of the ecological class of motor vehicles", "End of the zone with restriction of the ecological class of trucks".
The signs do not apply to vehicles of the Armed Forces of the Russian Federation, police, emergency services and formations, fire protection, ambulance, gas network emergency service and federal postal organizations.
“Life has become better, life has become more fun, comrades” - this is the phrase that, perhaps, can be described on July 1, 2018, because from that day a number of innovations come into force, designed to “improve the quality of life” of Russians and once again clearly demonstrate them the “concern” of the authorities about ordinary citizens.
The correspondent of "Russian Monitor" has collected all the innovations that await us from today.
As already "Russian Monitor", the authorities do not stop trying to destroy the e-commerce market in Russia. Presenting its innovations “under the guise” of caring for domestic online sellers, the Ministry of Finance proposed introducing new duties on goods purchased on foreign online sites from July 1, if the total amount of purchases per month exceeds 500 euros, and the weight is more than 31 kg.
In addition, the country's leadership does not exclude the possibility of imposing duties on all goods from foreign online stores without exception, regardless of their weight and cost, in the near future.
So, today the so-called “Yarovaya Package” is gaining legal force, according to which mobile operators of their subscribers, records of their conversations, as well as photos and videos for six months and provide user data to regulatory authorities upon request. However, according to RBC, telecom operators will need at least 5 years to fulfill the requirements of the law, since special equipment is required to store such a volume of user information, the purchase, installation and configuration of which is a very long and costly event. By the way, companies will have to buy equipment at their own expense, and in order to at least slightly compensate for these costs, providers will be forced to raise communication and Internet tariffs. This was stated by the head of Rostelecom M. Oseevsky during a recent economic forum in St. Petersburg.
The law on the mandatory transfer of public sector employees to Mir cards was signed by the president on May 1 this year. The document also applies to cash payments to students and pensioners. According to the new law, from July 1 of this year, receiving salaries, pensions, scholarships and any other payment from the state becomes possible exclusively on the card of the MIR payment system. State employees will not be able to get a card of another payment system in their name.
From today, the cost of utilities will rise in Russia. The increase in tariffs will be uneven, but on average in the country it will be about 5 percent.
For example, according to Forbes.ru, residents of the capital will now have to pay 7.5 percent more for cold water, and 4.4 percent more for hot water. The cost of heating will increase by 3.67 percent, while electricity for Muscovites will cost 7.3 percent more.
As follows from the source, the largest increase in utility tariffs from July 1 is expected in the Northern capital and Yakutia, and residents of the Novosibirsk region and North Ossetia are the most fortunate in this regard - housing and communal services there will rise in price by only 3 percent.
Another "surprise" from the authorities is the increase in the cost of real estate, which is already mentioned by most of the country's large developers. On average, Russians will now have to pay 5 percent more for one "square" of housing. The reason for the rise in price is the same "concern" of the authorities about ordinary Russians. From July 1, amendments to the law on shared construction come into effect, according to which developers will no longer be able to directly sell housing at the stage of its construction, and they will receive money for the built apartment only after this apartment is provided to the buyer. Throughout the construction, the money paid by the buyer will be kept in special bank accounts, and the developer company will not have access to it. Such innovations, from the point of view of the authorities, will help to minimize the number of deceived equity holders, and, according to unbiased experts, will cause at least 15 percent of construction companies to leave the market, which over time will lead not only to a significant rise in housing prices, but also to its deficit.
According to the news agency Regnum, excises on tobacco products have risen in price by 10 percent since today. If earlier the excise rate was 1,562 rubles for 1,000 cigarettes, then today it has reached 1,718 rubles, therefore, a pack of cigarettes has risen in price from 93 to 100 rubles on average.
As the website 66.ru writes, this rise in price is not the last: from January 1, 2019, Russians are waiting for another 10% increase in excise taxes on tobacco.
Among the unpopular government decisions that come into effect today, there is also the abolition of the lunch break for people whose working day is 4 hours or less. Recall that earlier, regardless of the length of the working day, a lunch break was mandatory.
According to the entry into force of Federal Law 54, from July 1, all individual entrepreneurs and organizations operating in the field of trade and public catering are required to use online cash registers in their work, which automatically transmit data on each transaction to the fiscal service via the Internet. In the event that an entrepreneur refuses to use the online cash register, he will have to pay a fine in the amount of 10 thousand rubles (for individual entrepreneurs) and 30 thousand rubles (for an organization). If the requirement of the law is violated again, the retail facility may be closed for a period of 90 days.
From today, all producers of agricultural products of animal origin are required to use the Mercury electronic certification system - the relevant amendments to the Law “On Veterinary Medicine” were adopted last year. Despite numerous requests from manufacturers to postpone the launch of the certification system and the understanding by the authorities that the Russian market is not ready for such innovations, they still came into effect on July 1 this year.
According to experts, the introduction of a new certification system may lead to disruptions in the supply of livestock products to retail chains, to an impoverishment of the assortment, as well as to a significant rise in the cost of goods.
Increasingly, the media are saying that from July 1, the fiscal service will have full control over the accounts of individuals. It is possible that from today any receipt on the bank account by the valiant tax authorities will be regarded as income on which tax should be paid.
These are the innovations waiting for the Russians from today. As you can see, there is little good in them: no matter what innovation is, it is either an increase in prices or tariffs, or an infringement of civil rights and freedoms, which in modern Russia exist only on paper anyway.
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Article 1
Include in the Law of the Russian Federation of April 15, 1993 No. 4802-I "On the Status of the Capital of the Russian Federation" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 19, Article 683; Collection of Legislation of the Russian Federation, 1995, No. 30, article 2863; 2004, No. 35, article 3607; 2007, No. 27, article 3213; 2015, No. 1, article 28) the following changes:
1) Article 2 shall be supplemented with the words "as well as the specifics of the regulation of certain legal relations established by this Law for the purpose of renovation of the housing stock in the city of Moscow";
2) part three of Article 3 shall be declared invalid;
3) in Article 4:
a) the name shall be supplemented with the words ", as well as for the renovation of the housing stock in the city of Moscow";
b) the first paragraph after the words "of the Russian Federation" shall be supplemented with the words "and also for the purpose of renovation of the housing stock in the city of Moscow";
c) add the following paragraphs:
"determine the content of the renovation program for the housing stock in the city of Moscow (hereinafter also referred to as the renovation program). At the same time, renovation of the housing stock in the city of Moscow (hereinafter also referred to as renovation) means a set of activities carried out in accordance with the renovation program for the housing stock in the city of Moscow, aimed at to update the living environment and create favorable living conditions for citizens, public space in order to prevent the growth of emergency housing stock in the city of Moscow, to ensure the development of residential areas and their improvement.The renovation program establishes the order of demolition of apartment buildings included in the renovation program. determined taking into account their technical condition;
establish the procedure for the formation of a draft renovation program that determines the list of apartment buildings in respect of which renovation is carried out. Such a list may include apartment buildings of the first period of industrial housing construction, apartment buildings similar to them in terms of the characteristics of structural elements, in which the owners of residential premises and citizens who have the right to use residential premises of the state or municipal housing stock on the terms of social hiring (hereinafter referred to as tenants of residential premises ), in accordance with Article 7 1 of this Law, voted for the inclusion of these apartment buildings in the draft renovation program. At the same time, apartment buildings of the first period of industrial housing construction include apartment buildings with no more than nine floors, built according to standard projects developed in the period from 1957 to 1968, using standard products of walls and (or) floors;
approve the renovation program for the housing stock in the city of Moscow;
determine, within their powers, sources of financing for the renovation program, the implementation of which is carried out, including with the involvement of funds from the budget of the city of Moscow;
based on the approved renovation program, make decisions on the renovation of the housing stock in the city of Moscow (hereinafter referred to as renovation decisions), containing a list of apartment buildings subject to demolition in accordance with this Law, indicating their addresses, information on the stages of implementation of decisions on renovation (if any ), as well as information on measures to implement such decisions on renovation and the approximate timing of their implementation;
establish, in accordance with this Law, the forms and procedure for identifying and taking into account the opinions of citizens in the formation and implementation of the renovation program;
in order to implement the renovation program, establish cases and procedures for the development and approval of an integrated scheme for engineering support (electricity, heat supply, gas supply, water supply and sanitation) of the territory, which is a graphical and textual description of existing and planned for placement of linear engineering infrastructure facilities and other technologically related facilities capital construction facilities, including information on the planned location of points of connection (technological connection) of capital construction facilities to engineering and technical support networks, electric networks, on the maximum free capacity of existing and planned for placement of these networks, on their maximum load, approve the form of such schemes and the composition of the information indicated in it;
establish, in order to implement the decision on renovation, the procedure for determining the points of connection (technological connection) of capital construction facilities to engineering networks, electrical networks, including their location on the border of the land plot and (or) territory, in respect of which documentation is being prepared for territory planning in order to implement the renovation decision;
establish the procedure and conditions for improving housing conditions for the owner of a dwelling in an apartment building included in the renovation program, his family members, the tenant of the dwelling, members of his family registered as in need of residential premises (including citizens registered before March 1, 2005 for the purpose of subsequently providing them with residential premises under social tenancy agreements), provided that such procedures and conditions do not reduce the guarantees provided for by housing legislation and other federal laws for improving the living conditions of the persons indicated in this paragraph;
4) in Article 7:
a) in the title the words "prospective development planning" shall be replaced by the words "territorial planning";
b) in the first part, the words "development" and the words "developed by the administration of the city of Moscow," shall be deleted, the words "Council of People's Deputies of the City of Moscow" shall be replaced by the words "legislative (representative) body of state power of the city of Moscow";
c) in part two, the words "prospective development planning" shall be replaced by the words "territorial planning";
5) supplement articles 7 1 - 7 8 with the following content:
"Article 7 1. Revealing and taking into account the opinions of owners of premises and tenants of residential premises in the formation and implementation of the renovation program. Informing on the implementation of renovation
The forms and procedure for identifying and taking into account the opinions of owners of premises and tenants of residential premises in the course of the formation and implementation of a renovation program, including by holding a general meeting of owners of premises in an apartment building, are established by regulatory legal acts of the city of Moscow, taking into account the provisions of this article.
The draft renovation program may include only an apartment building of the first period of industrial housing construction, an apartment building similar to it in terms of structural elements, in which the owners of residential premises and tenants of residential premises at least two-thirds of the residential premises voted for the inclusion of the corresponding multi-apartment building in the draft renovation program. The procedure for voting during the formation of a renovation program, including the procedure for recording the votes of owners and (or) tenants of one residential building, as well as counting votes in such an apartment building, is established by a regulatory legal act of the city of Moscow. At the same time, the results of voting on residential premises (with the exception of voting at general meetings of owners of residential premises), if none of the owners and (or) tenants in the residential premises took part in the voting, are taken into account in proportion to the results of voting on residential premises, owners and (or) whose employers took part in the voting.
At any stage of the formation of the renovation program and (or) its implementation (until the day of the conclusion of the first contract of social tenancy in respect of equivalent residential premises, the requirements for which are established by part two of Article 7 3 of this Law (hereinafter referred to as equivalent residential premises), or until the day of conclusion of the first an agreement providing for, in accordance with Article 7 3 of this Law, the transfer of ownership of a residential building in an apartment building included in the renovation program, including as a result of its redemption at a price determined in accordance with Part 7 of Article 32 of the Housing Code of the Russian Federation (hereinafter - payment of equivalent compensation in cash), but not less than ninety days from the date of the decision on renovation) in the manner prescribed by the Housing Code of the Russian Federation, a general meeting of owners of premises in an apartment building may be held to decide on the exclusion of this apartment building houses from the project renovation programs, renovation programs. To make this decision, more than one third of the votes of the total number of votes of all owners of premises in this apartment building is required. If this decision is made, the apartment building is subject to exclusion from the project of the renovation program, the renovation program. The first contract for the social tenancy of a dwelling in relation to an equivalent dwelling, the first contract providing, in accordance with Article 7 3 of this Law, for the transfer of ownership of a dwelling in an apartment building included in the renovation program, including by paying an equivalent compensation in cash, may be concluded not earlier than the expiration of ninety days from the date of the decision to renovate the apartment building in which such residential premises are located.
When voting in accordance with part two of this article, as well as when holding a general meeting of owners of premises in an apartment building in accordance with part three of this article, the tenants of such residential premises in the specified multi-apartment building shall be empowered to represent the interests of the city of Moscow as the owner of residential premises in an apartment building. home. The authority of the tenant of a dwelling to participate in the general meeting of owners of premises in an apartment building is confirmed by the submission of a contract for the social tenancy of a dwelling or another document confirming his/her residence in this dwelling on the terms of a social tenancy of the dwelling.
Informing on the implementation of renovation is carried out by publishing relevant information in the print media intended for the promulgation (official publication) of regulatory legal acts of the city of Moscow, by posting it on the official website of the highest executive body of state power of the city of Moscow, or on another website determined by the specified state body in the information and telecommunications network "Internet", as well as in other ways that are provided for by the legislation of the Russian Federation and regulatory legal acts of the city of Moscow.
The decision on renovation within three days from the date of its adoption is published by the authorized executive body of the city of Moscow in the print media intended for the promulgation (official publication) of regulatory legal acts of the city of Moscow, and is posted on the official website of the highest executive body of state power of the city of Moscow, on another site determined by the specified public authority in the information and telecommunications network "Internet".
Article 7 2 . Features of the regulation of certain urban planning and land relations for the purpose of renovation of the housing stock in the city of Moscow
The territory intended for the construction of apartment buildings in order to implement renovation decisions is provided with utility, transport, social infrastructure facilities in accordance with territorial planning documents, urban planning standards and other requirements determined by the legislation on urban planning.
To implement decisions on renovation, planning documentation for the territory can be approved both in relation to the territory within which, in accordance with the rules of land use and development of the city of Moscow (hereinafter referred to as the rules of land use and development), activities for its integrated and sustainable development are envisaged, and in in relation to the territory, within the boundaries of which, in accordance with the rules of land use and development, the implementation of activities for its integrated and sustainable development is not provided.
To implement the decisions on renovation, the preparation of documentation for the planning of the territory is carried out without taking into account the previously approved documentation for the planning of the territory. From the date of approval of the new territory planning documentation, the previously approved territory planning documentation is recognized as invalid.
The composition and content of the territory planning documentation is determined by the Town Planning Code of the Russian Federation, taking into account the specifics provided for by this article. To implement the renovation decision, the main part of the territory planning project, the main part of the territory surveying project and materials for their justification can be supplemented with information, documents, materials provided for by the regulatory legal act of the city of Moscow. In the case of preparation of territory planning documentation for the purpose of implementing a decision on renovation in relation to a territory within whose boundaries it is not envisaged to carry out activities for its integrated and sustainable development, the territory planning project may not contain information, documents, materials, the need to include which is provided for in the case of preparation draft planning of the territory subject to integrated and sustainable development in accordance with the Town Planning Code of the Russian Federation.
If the territory planning documentation prepared for the implementation of the renovation decision provides for the placement of capital construction facilities, the types of permitted use of which and (or) the parameters of which do not correspond to the types of permitted use of capital construction facilities and (or) the limiting parameters of permitted construction, reconstruction of capital construction facilities construction, established by the rules of land use and development, and (or) if the types of permitted use of land plots on which the said objects are planned do not correspond to the types of permitted use of land plots established by the rules of land use and development, simultaneously with the preparation of documentation for planning the territory, preparation of changes is carried out included in the rules of land use and development. In this case, in accordance with Article 33 of the Town Planning Code of the Russian Federation, a decision on the preparation of a project to amend the rules for land use and development is not required. At the same time, changes made to the rules for land use and development and documentation for the planning of the territory are approved simultaneously.
If, in order to implement renovation decisions, a land plot is formed from land plots owned by the city of Moscow or state ownership of which is not delimited, and (or) from land plots occupied by apartment buildings included in renovation decisions, and its borders do not intersect with the boundaries of land plots registered with the state cadastre and owned by federal or private property until the formation of such a land plot in accordance with land legislation on the basis of approved rules for land use and development, a territory planning project and a layout plan for a land plot or land plots on the cadastral plan of the territory, it is allowed to issue an urban planning plan for a land plot to be formed in order to implement a territory planning project, perform engineering surveys, prepare design documentation for the construction, reconstruction of an object a capital construction, conducting a state examination of project documentation and (or) the results of engineering surveys, issuing a permit for the construction of a capital construction object, construction, reconstruction of a capital construction object. In this case, the provision of title documents for a land plot for issuing a permit for the construction of a capital construction facility is not required. An application for issuing a building permit shall be accompanied by an approved scheme for the location of a land plot or land plots on the cadastral plan of the territory.
The estimated cost of construction of capital construction facilities, the construction of which is carried out in order to implement decisions on renovation, is determined in accordance with the regulatory legal act of the city of Moscow.
From the date of submission of the project documentation of the capital construction object, the construction, reconstruction of which is carried out in order to implement the decision on renovation, for the state examination of the project documentation and until the issuance of a permit for the construction of the said object, it is allowed to carry out the preparatory work provided for by the regulatory legal act of the city of Moscow.
The use of lands or land plots that are owned by the city of Moscow or state ownership of which is not delimited, without the provision of land plots and the establishment of an easement, is carried out in accordance with the Land Code of the Russian Federation, taking into account the specifics provided for by this part. In order to implement decisions on renovation, along with the cases provided for by the Land Code of the Russian Federation, a permit for the use of these lands or land plots without the provision of land plots and the establishment of an easement may be issued for the placement of linear engineering infrastructure facilities and other capital construction facilities technologically related to them. The list of the specified objects which placement is carried out on the basis of the permission for use of the specified lands or the ground areas provided by this part, and the order of issue of such permission are determined by the normative legal act of the city of Moscow. The permit for the use of lands or land plots provided for by this part allows the person to whom such a permit has been issued to carry out construction, reconstruction, overhaul and operation of these facilities in accordance with the legislation on urban planning activities. In this case, in order to obtain a construction permit, a permit to put these objects into operation, for state cadastral registration, state registration of ownership of these objects, a permit for the use of land or land plots provided for in this part shall be provided. At the same time, the provision of title documents for the land plot is not required.
In order to implement decisions on renovation, from the date of state registration of the property right of the city of Moscow to a land plot located under an apartment building included in the decision on renovation, its division, consolidation, redistribution and allocation of a new land plot from it are allowed before the demolition of an apartment building, in in respect of which the authorized executive body of the city of Moscow made a decision to decommission.
Article 7 3 . Guarantees of housing rights of owners of residential premises and tenants of residential premises in multi-apartment buildings included in the renovation program
Owners of residential premises in multi-apartment buildings included in the renovation program (hereinafter referred to as owners of residential premises) and tenants of residential premises in multi-apartment buildings included in the renovation program, in order to ensure their housing rights, instead of these residential premises, are provided with equivalent residential premises.
In this Law, equivalent residential premises are understood as residential premises that simultaneously meet the following requirements:
the living area and the number of rooms in such a dwelling is not less than the living area and the number of rooms in the vacated dwelling, and the total area of such dwelling exceeds the total area of the vacated dwelling;
such residential premises comply with the standards of improvement established by the legislation of the city of Moscow, and also have an improved finish in accordance with the requirements established by the regulatory legal act of the city of Moscow;
such residential premises are located in an apartment building located in the same district of the city of Moscow in which the apartment building included in the renovation program is located (in this case, the boundaries of the specified area are determined as of January 1, 2017), unless the apartment building is located in the Zelenogradsky, Troitsky or Novomoskovsky administrative district of the city of Moscow. In this case, equivalent residential premises are provided within the boundaries of the administrative district of the city of Moscow, in which the apartment building included in the renovation program is located.
The owner of a dwelling, on the basis of a written application, instead of an equivalent dwelling provided for ownership, has the right to receive an equivalent compensation in cash or by providing an equivalent dwelling for the vacated dwelling.
The owner of a dwelling in respect of which restrictions on rights or encumbrances have been registered in accordance with the established procedure is not entitled to demand payment of equivalent compensation in cash. The cost of the provided equivalent residential premises cannot be lower than the cost of the vacated residential premises, determined in accordance with the rules established by Part 7 of Article 32 of the Housing Code of the Russian Federation. The application specified in this part may be sent to the authorized executive body of the city of Moscow within thirty days from the date of receipt by the owner of the residential premises of the draft agreement concluded in accordance with part four of this article, which provides for the transfer of ownership of the residential premises subject to the provision of equivalent residential premises .
Provision of equivalent residential premises, equivalent compensation in cash or by providing equivalent residential premises is carried out on the basis of an agreement concluded between the owner of residential premises in an apartment building included in the renovation program and the authorized executive body of the city of Moscow (hereinafter referred to as the agreement providing for the transfer of rights property ownership).
An agreement providing for the transfer of ownership of a dwelling with the condition of providing an equivalent dwelling is subject to conclusion by the owner of a dwelling in an apartment building included in the renovation program without fail in accordance with civil law, except for the case provided for by part six of this article. The rules of civil legislation on exchange shall apply to such an agreement, taking into account the specifics provided for by this Law.
If the owner of the residential premises has sent the application provided for by part three of this article within the period specified in this part, the authorized executive body of the city of Moscow shall conclude an agreement with this owner of the residential premises, providing for the transfer of ownership of the residential premises with the condition of providing him with equivalent compensation in monetary terms. form or by providing equivalent housing on the right of ownership. In this case, an agreement providing for the transfer of ownership of the residential premises subject to the provision of equivalent compensation in cash or by providing an equivalent residential premises is subject to conclusion by this owner of the residential premises without fail in accordance with civil law.
The rules of civil legislation on sale and purchase are applied to an agreement providing for the transfer of ownership of a residential premises subject to the provision of equivalent compensation in cash, taking into account the specifics provided for by this Law.
To an agreement providing for the transfer of ownership of residential premises subject to the provision of equivalent residential premises, the rules of civil legislation on exchange are applied, taking into account the specifics provided for by this Law.
An agreement providing for the transfer of ownership of a dwelling must contain:
information about the parties to the agreement;
information about a residential building in an apartment building included in the renovation program;
information on equivalent residential premises (indicating the cadastral number of such residential premises) or, in the cases established by part three of this article, information on equivalent residential premises (indicating the cadastral number of such residential premises) transferred to the owner of the residential premises, or the amount and procedure for payment of an equivalent compensation in cash;
details of the renovation decision;
the obligation of the authorized executive body of the city of Moscow, within the terms established by the agreement, to transfer to the owner of the residential premises an equivalent residential premises or, in the cases established by this Law, to transfer an equivalent residential premises or pay an equivalent compensation in cash, as well as the obligation of the said owner of the residential premises to accept, respectively, an equivalent residential premises , equivalent living quarters, equivalent compensation in cash;
the obligation of the owner of the residential premises within the terms established by the contract to transfer to the authorized executive body of the city of Moscow the residential premises belonging to him, as well as the obligation of the authorized executive body of the city of Moscow to accept such residential premises;
the term for the fulfillment of the obligations specified in paragraphs six and seven of this part;
a list of persons having the right to use residential premises in an apartment building included in the renovation program and acquiring the relevant rights in relation to equivalent residential premises or, in cases established by this Law, in relation to equivalent residential premises.
Instead of a room vacated by a citizen in a communal apartment in an apartment building included in the renovation program, a separate apartment is provided as an equivalent living space or equivalent living space in accordance with this Law. At the same time, the provision of a room in a communal apartment or a part of a dwelling constituting a share in the common ownership of a separate apartment is not allowed. If the vacated room in a communal apartment in an apartment building included in the renovation program is in the common shared or common joint ownership of citizens, such citizens are provided with separate apartments on the basis of the right of common shared or common joint ownership in the manner prescribed by part twenty-one of this article .
The tenant of residential premises and members of his family living together with him, instead of the residential premises vacated by them, are provided with an equivalent residential premises under a social tenancy agreement, and if they have a written application, an equivalent residential premises is provided to them on the basis of a contract for the transfer of residential premises into ownership.
Citizens in need of residential premises provided under social rental agreements (including citizens registered before March 1, 2005 for the purpose of subsequently providing them with residential premises under social rental agreements), and who own or use under social rental agreements residential premises in an apartment building included in the renovation program, living conditions are improved by providing residential premises at the rate of provision per person established by a regulatory legal act of the city of Moscow, in an extraordinary manner and under the conditions established by a regulatory legal act of the city of Moscow. If these citizens refuse to improve their living conditions, as well as if they fail to comply with the conditions established by the regulatory legal act of the city of Moscow, they are provided in accordance with this Law with an equivalent living space or an equivalent compensation in cash or by providing an equivalent living space. These citizens retain the right to be registered as those in need of residential premises provided under social rental agreements until they receive residential premises in order to improve their living conditions or until the grounds provided for by housing legislation are identified for removing them from this register.
In the event that an agreement providing for the transfer of ownership of a dwelling and subject to mandatory conclusion in accordance with this article has not been concluded within ninety days from the date of receipt by the owner of the dwelling of a draft agreement providing for the transfer of ownership of a dwelling, registered by a letter with a return receipt, the authorized executive body of the city of Moscow has the right to apply to the court with a demand at the same time to compel the said owner of the dwelling to conclude an agreement providing for the transfer of ownership of the dwelling, to vacate the dwelling in an apartment building included in the renovation program, and on transferring it to the ownership of the city of Moscow, as well as on state registration of the transfer of ownership of the corresponding residential premises. The statement of claim must necessarily indicate the address, total and living area, number of rooms, cadastral number of the provided equivalent residential premises, and if the owner sends a written application provided for in part three of this article, the address, total and living area, number of rooms, cadastral number provided equivalent housing or the amount of equivalent compensation in cash.
Owners of residential premises are exempt from paying contributions for the overhaul of common property in an apartment building included in the renovation program from the date of its approval. At the same time, contributions made earlier by the indicated owners of residential premises for the overhaul of common property in an apartment building are used for the purpose of implementing this program.
In the event that the owners of residential premises as a method of forming a fund for the overhaul of common property in an apartment building have chosen to form it on a special account, after the transfer of ownership of all premises in the apartment building included in the renovation program, the owner of the special account transfers the rights to a special account for the city of Moscow in the manner prescribed by the regulatory legal act of the city of Moscow.
The presence of duly registered restrictions or encumbrances on the rights to residential premises in an apartment building included in the renovation program shall not be an obstacle to state registration of the transfer of rights to the specified residential premises to the city of Moscow, as well as to the adoption by the court of the decisions provided for in this article. In this case, simultaneously with the state registration of the transfer of ownership of the provided residential premises, the state registration of restrictions or encumbrances of rights in relation to the specified provided residential premises is carried out.
In the event that in relation to real estate in an apartment building included in the renovation program, a judicial act or an act of an authorized body on imposing a lien on real estate, or on a ban on certain actions with real estate, or on choosing a pledge as a preventive measure in in accordance with the criminal procedural legislation of the Russian Federation, the conclusion of an agreement providing for the transfer of ownership of a dwelling is the basis for the transfer of these restrictions or encumbrances of the rights to the provided dwelling.
The right of ownership of the owner of the dwelling or, in the case provided for by paragraph eleven of this article, of the tenant of the dwelling to the dwelling in the apartment building put into operation, provided on the basis of an agreement providing for the transfer of ownership of the dwelling, or on the basis of an agreement on the transfer of the dwelling to ownership , may be registered without prior registration of the Moscow City title to such a dwelling, subject to the following conditions:
the construction of an apartment building was carried out on a land plot owned by the city of Moscow, or on a land plot, state ownership of which is not delimited (including on a land plot provided in accordance with land legislation to the Moscow Housing Renovation Fund for rent or for free use );
such construction, in order to fulfill the measures provided for by the renovation program, was carried out at the expense of the city of Moscow by an organization subordinate to the authorized executive body of the city of Moscow, or by the Moscow Fund for the Renovation of Residential Development.
In the event of the death of the owner of the residential premises, an agreement providing for the transfer of ownership of the residential premises is concluded in a notarial form in the interests of the heirs of the specified person by the trustee of the inherited property appointed by a notary or other persons specified in Article 1026 of the Civil Code of the Russian Federation. The trustee shall exercise the rights of the owner of the residential premises established by this Law, including the rights related to voting, conclusion of an agreement providing for the transfer of ownership of the residential premises, and sending an application for the provision of equivalent compensation in cash or by providing an equivalent residential premises. If a trustee is appointed before the inheritance is accepted by the heirs, and if the inheritance is not accepted, before the issuance of a certificate of inheritance to the city of Moscow, the city of Moscow and at the same time information is entered into it about the impossibility of transferring residential premises as collateral, rent, the impossibility of encumbrance with other rights, as well as the impossibility of its alienation. The body that carries out the state registration of rights to real estate excludes the specified information from the Unified State Register of Real Estate during the state registration of the rights of the heirs of the deceased owner of the residential premises at the request of the notary who issued the certificate of the right to inheritance to the residential premises owned by the deceased owner of the residential premises, which is filed against the basis of such evidence.
Persons who have the right to use residential premises in an apartment building included in the renovation program lose such a right after the conclusion of an agreement providing for the transfer of ownership of the residential premises, and acquire, on the same conditions, the right to use the residential premises provided in accordance with the specified agreement.
If the residential premises are in common ownership, an agreement providing for the transfer of ownership of such residential premises is concluded with all owners of the residential premises and provides for the emergence of the right of common ownership of the provided residential premises in shares corresponding to the shares in the ownership of the residential premises in apartment building included in the renovation program (in the event that such residential premises were in common shared ownership), or the emergence of the right of common joint ownership of the provided residential premises (in the event that such residential premises in the apartment building included in the renovation program were jointly owned).
In the event that minors, incompetent or partially capable citizens live in a residential building in an apartment building included in the renovation program, the provision of equivalent compensation in cash to the owners of such residential premises is not allowed.
The provision of equivalent residential premises or equivalent residential premises to the owners of residential premises and tenants of residential premises is carried out without additional payment.
Owners of residential premises and tenants of residential premises in multi-apartment buildings included in the renovation program, who are provided with equivalent residential premises, have the right, upon written application, to purchase, for an additional payment, residential premises of a larger area and (or) residential premises with more rooms than those provided to them. equivalent residential premises, in the manner prescribed by the regulatory legal act of the city of Moscow, including at the expense of maternity (family) capital, housing subsidies and social payments, the right to receive which is also confirmed by state housing certificates, and other sources not prohibited by the legislation of the Russian Federation .
Article 7 4 . Ensuring the rights of owners of non-residential premises in multi-apartment buildings included in the renovation decision
Non-residential premises in apartment buildings included in the renovation decision, not related to common property in such apartment buildings, are subject to withdrawal for the state needs of the city of Moscow, subject to their preliminary and equivalent compensation in accordance with the legislation of the Russian Federation.
Article 7 5 . Ensuring the rights of small and medium-sized businesses in the event of termination of the right to lease non-residential premises owned by the city of Moscow in apartment buildings included in the renovation decision
In case of termination in connection with the implementation of the renovation program of the lease agreement for non-residential premises in an apartment building included in the decision on renovation, owned by the city of Moscow and leased by a small or medium-sized business entity (hereinafter, for the purposes of this article - a previously concluded lease agreement for non-residential premises) , the specified entity has the right to conclude a new lease agreement for non-residential premises owned by the city of Moscow and which is equivalent in accordance with clause 12 of part 1 of article 17 1 of the Federal Law of July 26, 2006 No. 135-FZ "On Protection of Competition". A new lease agreement for non-residential premises is concluded on the same terms as the previously concluded lease agreement for non-residential premises, and for the period remaining before its expiration, without bidding and with preservation of the benefits provided for by the legislation of the Russian Federation, laws and other regulatory legal acts of the city of Moscow . If the term of the previously concluded lease agreement for non-residential premises has expired, but the said agreement is considered renewed on the basis of paragraph 2 of Article 621 of the Civil Code of the Russian Federation, a new lease agreement for non-residential premises is concluded for ten years.
In the event that a small or medium-sized business entity renting non-residential premises owned by the city of Moscow in an apartment building included in the renovation decision had, at the time this apartment building was included in the renovation program, a pre-emptive right to purchase this leased non-residential premises in accordance with Article 3 of the Federal Law of July 22, 2008 No. 159-FZ "On the peculiarities of the alienation of real estate that is state-owned by the constituent entities of the Russian Federation or in municipal ownership and leased by small and medium-sized businesses, and on amendments to certain legislative acts of the Russian Federation", the specified priority right is retained in relation to an equivalent non-residential premises provided to him under a new lease agreement for non-residential premises, provided for in part one of this article, for the duration of the renovation program.
Article 7 6 . Procedure for decommissioning an apartment building included in a renovation decision
The decommissioning of an apartment building included in the decision on renovation is carried out on the basis of a decision of the authorized executive body of the city of Moscow (hereinafter referred to as the decision on decommissioning).
The decision on decommissioning must contain the date of decommissioning of the apartment building included in the decision on renovation, and other information specified by the regulatory legal act of the city of Moscow. In this case, the decision on decommissioning is made no earlier than the day of eviction of all owners of residential premises and tenants of residential premises in an apartment building included in the decision on renovation, in accordance with part three of this article.
When implementing a decision on renovation, the owners of residential premises and tenants of residential premises may not be evicted from residential premises in an apartment building included in the decision on renovation until the date of transfer to them of a new residential premises that meets the requirements of this Law, or is provided to them in accordance with this Law equivalent compensation in cash.
A mandatory annex to the decision on decommissioning is a diagram of the boundaries of the territory necessary for carrying out activities for the demolition of a decommissioned apartment building, prepared, among other things, in order to ensure compliance with safety requirements when performing these activities. The procedure for preparing such a scheme and its form are approved by a regulatory legal act of the city of Moscow.
From the date of decommissioning of an apartment building included in the decision on renovation, it is disconnected from the networks of engineering and technical support, electrical networks. The operation of residential and non-residential premises in such an apartment building is not allowed.
The existence of an apartment building included in the renovation decision is terminated if it is demolished. A decision to demolish such an apartment building is not required.
Article 7 7 . Moscow Fund for the Renovation of Residential Development, goals of its activities, tasks and functions
The Moscow Fund for the Renovation of Residential Development (hereinafter referred to as the Fund) is a unitary non-profit organization established in accordance with the regulatory legal act of the city of Moscow in the organizational and legal form of a fund. The fund has a seal with the coat of arms of the city of Moscow and the full name.
The status, goals of activities, functions of the fund, the procedure for the formation of the management bodies of the fund are determined by the Civil Code of the Russian Federation, Federal Law No. acts of the Russian Federation regulating the activities of non-profit organizations, taking into account the specifics established by this Law.
To perform operations with funds received by the fund from the budget of the city of Moscow, with other funds, the fund opens an account with the financial authority of the city of Moscow. For other purposes, the fund has the right to open bank accounts in credit institutions located in the territory of the Russian Federation in the manner prescribed by the legislation of the Russian Federation.
The provisions of paragraphs 3, 5, 7, 10 and 14 of Article 32 of the Federal Law "On Non-Commercial Organizations", as well as the provisions of paragraph 1 of Article 7 of the Federal Law "On Non-Commercial Organizations" and paragraph 1 of Article 123 18 of the Civil Code of the Russian Federation do not apply to the fund. parts of holding the founders of the fund liable for the obligations of the fund in case of non-fulfillment or improper fulfillment by it of its obligations under contracts for participation in the shared construction of apartment buildings in accordance with this Law.
The goals of the fund are to promote the renewal of the living environment and the creation of favorable living conditions for citizens, public space to prevent the growth of emergency housing stock in the city of Moscow, to ensure the development of residential areas and their improvement.
In order to achieve the goals provided for by part five of this article, the foundation performs the following functions:
ensures, within its powers, the implementation of measures provided for by the renovation program, decisions on renovation;
assists in the demolition of apartment buildings included in renovation decisions;
assists in the implementation of engineering surveys, preparation of project documentation, construction, reconstruction, overhaul of capital construction objects, restoration of cultural heritage objects in order to implement decisions on renovation, as well as during construction control in the process of construction, reconstruction of these objects;
assists in the preparation of documentation for the planning of the territory;
assists in providing the territory, in respect of which the territory planning documentation has been approved in order to implement decisions on renovation, with objects of social, transport, engineering infrastructure;
assists in ensuring the housing rights of the owners of residential premises in the implementation of decisions on renovation in accordance with this Law;
participates in the implementation of investment activities for the purposes provided for in part five of this article, including attracting funds from citizens and legal entities for the construction (creation) of an apartment building on a land plot owned by the fund, as well as on a land plot transferred to the fund under a lease agreement for a land plot or under an agreement for the gratuitous use of a land plot;
makes purchases in accordance with the Federal Law of July 18, 2011 No. 223-FZ "On the Procurement of Goods, Works, Services by Certain Types of Legal Entities";
transfers to the city of Moscow, the authorized body of the executive power of the city of Moscow, residential premises owned by the fund on the basis of ownership, including transferring such residential premises free of charge in the form of a donation;
provides methodological, organizational, expert-analytical, informational and legal support for the implementation of renovation decisions;
organizes the implementation of research, development and technological work in connection with the implementation of the renovation program;
concludes contracts for participation in shared construction, in which the fund acts as a developer, contracts for the sale and purchase of premises in apartment buildings and other real estate objects in order to implement the renovation program and (or) decisions on renovation, other contracts for the disposal of these premises, as well as concludes other transactions on the disposal of the property belonging to the fund;
promotes the creation of the production of building materials, products, structures for housing construction for the purposes provided for in part five of this article;
performs other functions provided for by the regulatory legal acts of the city of Moscow, the charter of the fund in accordance with the objectives of the activity provided for by this Law.
Financial support for the activities of the Foundation is carried out at the expense of its own funds, the budget of the city of Moscow, as well as at the expense of other sources in accordance with the legislation of the Russian Federation.
The Fund is obliged to annually post an annual report on its activities on the official website of the Fund in the information and telecommunications network "Internet".
To carry out its activities, the foundation has the right to use information classified as state secrets, subject to the requirements of the legislation of the Russian Federation on state secrets.
By a regulatory legal act of the city of Moscow, the fund may be entitled to act as a developer and raise funds from citizens and legal entities for the construction (creation) of an apartment building on the basis of agreements for participation in shared construction in the manner established by Federal Law No. 214- dated December 30, 2004 Federal Law "On Participation in Shared Construction of Apartment Buildings and Other Real Estate and on Amendments to Certain Legislative Acts of the Russian Federation" (hereinafter referred to as the Federal Law "On Participation in Shared Construction of Apartment Buildings and Other Real Estate and Federation"), taking into account the following features:
the provisions of paragraph 1 of part 2 and part 2 1 of article 3, part 2 of article 12 1 , articles 15 - 15 4 , 23 2 of the Federal Law "On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation "do not apply to the activities of the foundation;
the fund has the right to attract funds from citizens and legal entities for the construction (creation) of an apartment building on a land plot owned by the fund, as well as on a land plot transferred to the fund under a land plot lease agreement or under a land plot gratuitous use agreement.
In case of non-fulfillment or improper fulfillment by the fund of its obligations under agreements for participation in the shared construction of apartment buildings, the city of Moscow bears subsidiary liability for the obligations of the fund.
In order to perform the functions provided for by this article, in the case specified in part six of Article 72 of this Law, the preparation, registration and issuance of an urban planning plan for a land plot before its formation, the issuance of a construction permit without title documents for a land plot are carried out at the request of the fund, sent to the authorized executive body of the city of Moscow.
Article 7 8 . fund management
The governing bodies of the fund are the council of the fund and the general director of the fund. The Fund Council is the highest collegiate body of the Fund. The General Director is the sole executive body of the Fund.
The Board of Trustees of the Foundation is a body of the Foundation and supervises the activities of the Foundation, the adoption of decisions by other bodies of the Foundation and ensuring their execution, the use of the Foundation's resources, and the Foundation's compliance with the legislation of the Russian Federation. The Foundation's Board of Trustees operates on a voluntary basis.
The board of trustees of the foundation may include persons holding public positions and persons holding positions in the civil service.
The total number of members of the Foundation's Board of Trustees cannot exceed 11 people.
The personal composition of the Board of Trustees of the fund is determined by the regulatory legal act of the highest executive body of state power of the city of Moscow.
Along with the functions provided for by the legislation of the Russian Federation and the charter of the foundation, the board of trustees of the foundation considers for approval the following approved by the board of the foundation:
the fund's development strategy, which contains, among other things, the goals, priority areas of the fund's activities, key performance indicators and expected results of the fund's activities;
the fund's activity plan, containing lists of activities for the current period and for the planned period of the fund's activity determined by the fund;
the annual report on the activities of the fund and the annual accounting (financial) statements of the fund.
The personal composition of the fund council is determined by the normative legal act of the highest executive body of state power of the city of Moscow. The board of the foundation may include persons holding public positions and persons holding positions in the civil service.
In the event that the board of the fund includes persons holding public positions and persons holding positions of the state civil service, such persons carry out their activities on a voluntary basis.
Fund advice:
determines the priority directions of the fund's activity;
approves the development strategy of the fund, including the goals, priority areas of the fund, key performance indicators and expected results of the fund, and after approval sends it for approval to the board of trustees of the fund;
approves the fund's activity plan containing lists of activities for the current period and for the planned period of the fund's activity determined by the fund, and after approval sends it for approval to the fund's board of trustees;
annually approves the audit organization selected based on the results of the competition for the annual mandatory audit of the accounting and financial (accounting) statements of the fund and the amount of remuneration of the specified organization;
approves the annual report on the activities of the fund, the annual accounting (financial) statements of the fund and, after approval, submits them for approval to the board of trustees of the fund;
makes decisions on the formation of other bodies of the fund and on the early termination of their powers;
takes decisions on the establishment of business companies and (or) on the participation of the fund in them for the purposes provided for in paragraph five of Article 7 7 of this Law;
makes decisions on changing the charter of the fund;
approves transactions made by the fund in cases stipulated by the legislation of the Russian Federation;
exercise other powers provided for by this Law and the charter of the fund and necessary to perform the functions provided for by paragraph six of Article 7 7 of this Law.
The General Director of the Fund manages the day-to-day activities of the Fund.
The General Director of the Fund is appointed to and dismissed from office by the highest executive body of state power of the city of Moscow.
The General Director of the Fund has the following powers:
acts on behalf of the foundation and represents its interests without a power of attorney in relations with federal state authorities, state authorities of the constituent entities of the Russian Federation, local governments, individuals and legal entities in accordance with the goals of the foundation;
organizes the execution of decisions of the Board of Trustees of the Foundation and the Council of the Foundation;
issues orders and directives on the activities of the foundation;
appoints and dismisses employees of the fund;
distributes duties among his deputies;
organizes the preparation of materials for the implementation by the Board of Trustees of the Foundation and the Board of the Foundation of their powers, as well as resolves other issues related to ensuring the activities of these bodies of the Foundation;
makes decisions on issues within the competence of the foundation, with the exception of issues related to the competence of the board of trustees of the foundation and the council of the foundation.
The internal financial control body of the fund is the audit commission of the fund, which operates in accordance with the regulations approved by the council of the fund.".
Article 2
Article 16 of the Federal Law of December 21, 1994 No. 69-FZ "On Fire Safety" (Collected Legislation of the Russian Federation, 1994, No. 35, Art. 3649; 2003, No. 2, Art. 167; 2004, No. 35, Art. 3607 ; 2006, No. 44, item 4537; 2009, No. 29, item 3635; No. 45, item 5265; 2011, No. 1, item 54; No. 30, item 4590; 2013, No. 27, item 3477 ; 2015, No. 29, item 4360; 2016, No. 1, item 68; No. 15, item 2066) add the second part of the following content:
"In order to carry out urban planning activities in the conditions of cramped urban development, the federal state authorities in the field of fire safety have the right to establish features for the application of certain fire safety requirements or approve separate sets of rules containing fire safety requirements and fire safety rules (with the exception of the minimum necessary requirements to ensure safety of buildings and structures, including their constituent systems and engineering networks).
Article 3
Include in the Federal Law of July 16, 1998 No. 102-FZ "On Mortgage (Pledge of Real Estate)" (Collected Legislation of the Russian Federation, 1998, No. 29, Art. 3400; 2002, No. 7, Art. 629; 2004, No. 27, 2711; No. 45, article 4377; 2005, No. 1, articles 40, 42; 2007, No. 50, article 6237; 2008, No. 52, article 6219; 2009, No. 1, article 14; 2011 , No. 27, item 3880; No. 50, item 7347; 2015, No. 1, item 52; 2016, No. 27, item 4248, 4294) the following changes:
1) Paragraph 2 of Article 20 shall be supplemented with the following paragraph:
"State registration of a mortgage in respect of a dwelling in an apartment building provided in accordance with the Law of the Russian Federation of April 15, 1993 No. 4802-I "On the Status of the Capital of the Russian Federation" to the owner of a dwelling encumbered with a mortgage in an apartment building is carried out simultaneously with the state registration of the right ownership of the provided residential premises in an apartment building without a statement on the basis of an agreement providing for the transfer of ownership and concluded in accordance with the Law of the Russian Federation of April 15, 1993 No. 4802-I "On the status of the capital of the Russian Federation", or on the basis of a a court decision on compulsion to conclude the said agreement. premises in an apartment building included in the housing renovation program in a constituent entity of the Russian Federation - the federal city of Moscow.";
2) supplement Article 41 1 with the following content:
"Article 41 1. Consequences of the transfer of ownership of residential premises in an apartment building included in the housing renovation program in a constituent entity of the Russian Federation - the federal city of Moscow
1. Conclusion in accordance with the Law of the Russian Federation of April 15, 1993 No. 4802-I "On the Status of the Capital of the Russian Federation" of an agreement providing for the transfer of ownership of residential premises in an apartment building included in the housing renovation program in a constituent entity of the Russian Federation - a city of federal significance in Moscow (hereinafter in this article - residential premises in an apartment building included in the housing renovation program), subject to the provision of equivalent residential premises or equivalent residential premises, the adoption of a judicial act, on the basis of which the state registration of the transfer of ownership to an equivalent residential premises or equivalent residential premises are the grounds for replacing the subject of pledge under an agreement on the mortgage of residential premises in an apartment building included in the housing renovation program, without the consent of the pledgee and pledger under this agreement. At the same time, the terms of the agreement on the mortgage of residential premises in an apartment building included in the housing renovation program, as well as the terms of other agreements concluded with respect to the former subject of pledge, shall apply without changing the rights and obligations of the parties concerned with respect to the new subject of pledge.
2. The replacement of the subject of mortgage in accordance with the Law of the Russian Federation of April 15, 1993 No. 4802-I "On the status of the capital of the Russian Federation" is not a basis for reviewing the obligations of the parties under the mortgage agreement for residential premises in an apartment building included in the housing renovation program .
3. The appraisal of the residential premises specified in paragraph 3 of Article 9 of this Federal Law, which was provided in accordance with the Law of the Russian Federation of April 15, 1993 No. 4802-I "On the Status of the Capital of the Russian Federation" to the owner of the residential premises in an apartment building included in the renovation program of the housing stock, and is the subject of a mortgage, is determined on the basis of an agreement between the pledgor and the mortgagee on the assessment of the provided residential premises, and in its absence - on the basis of a monetary valuation of such premises confirmed by the appraiser's conclusion or on the basis of its cadastral value.
4. From the date of replacement of the subject of pledge under a mortgage agreement for residential premises in an apartment building included in the housing renovation program, the object of insurance under a property insurance agreement pledged under such a mortgage agreement shall be residential premises in an apartment building provided in accordance with the Law of the Russian Federation dated April 15, 1993 No. 4802-I "On the status of the capital of the Russian Federation".
5. The pledgee is obliged to notify the insurer in writing of the replacement of the subject of pledge under the mortgage agreement for residential premises in an apartment building included in the housing renovation program. Upon receipt of such notification, the insurer issues to the policyholder an insurance contract for property pledged under the said mortgage agreement, the terms of which are identical to those of the previous insurance contract (except for the object of insurance), and (or) sends it to the address of the residential premises provided in accordance with the Law of the Russian Federation dated April 15, 1993 No. 4802-I "On the status of the capital of the Russian Federation", an insurance policy that is signed by the insurer and the object of insurance in which is replaced by a dwelling in an apartment building, provided in accordance with the Law of the Russian Federation of April 15, 1993 No. 4802- I "On the status of the capital of the Russian Federation". In this case, the signing of the insurance contract or insurance policy by the insured is not required.
6. In the event that the property that is the subject of pledge is insured at full cost against the risks of loss and damage, upon the occurrence of an insured event in relation to residential premises in an apartment building, provided in accordance with the Law of the Russian Federation dated April 15, 1993 No. 4802-I "On the status of the capital of the Russian Federation", insurance compensation is paid within the insurance amount determined under the insurance contract for residential premises in an apartment building included in the housing renovation program, without taking into account the ratio of the insurance amount to the insurance value.
7. In the event that the rights of the mortgagee secured by a mortgage contract for residential premises in an apartment building included in the housing renovation program were certified by a mortgage, when replacing the subject of mortgage in accordance with this article, the rights registration authority shall ensure that changes are made to the content of the mortgage in part of the change the data specified in subparagraphs 8 - 11 of paragraph 1 of Article 14 of this Federal Law, while instead of the appraiser's conclusion confirmed by the monetary valuation of the residential premises in an apartment building, which is provided in accordance with the Law of the Russian Federation dated April 15, 1993 No. 4802-I "On the status the capital of the Russian Federation" and on which a mortgage is established, the cadastral value of such a dwelling may be indicated. Amendments to the records of the Unified State Register of Real Estate shall be provided by the rights registration authority on the basis of an application from the owner of the mortgage bond for amendments to the records of the Unified State Register of Real Estate with presentation of the original mortgage bond. Agreements of the debtor under the mortgage-secured obligation, the mortgagor and the legal owner of the mortgage bond to change the content of the mortgage bond are not required.
8. Amendments to a mortgage bond in accordance with this article shall be carried out by attaching to it by the rights registration authority a document containing the changes made to the mortgage bond, and indicating by the official of the rights registration authority in the text of the mortgage bond itself that such a document is an integral part of the mortgage bond, in in accordance with the rules of part two of Article 15 of this Federal Law. The inscription on the mortgage bond on making changes to the content of the mortgage bond, indicating the date of their introduction, must be made by an official of the rights registration authority, certified by his signature and sealed by the rights registration authority. These actions are carried out free of charge.
Article 4
Include in the Federal Law of March 30, 1999 No. 52-FZ "On the sanitary and epidemiological well-being of the population" (Collected Legislation of the Russian Federation, 1999, No. 14, Art. 1650; 2003, No. 2, Art. 167; 2004, No. 35, 3607; 2005, No. 19, 1752; 2006, No. 52, 5498; 2007, No. 49, 6070; 2008, No. 29, 3418; 2009, No. 1, 17; 2011 , No. 1, Article 6; No. 30, Article 4563, 4590, 4596; 2012, No. 26, Article 3446; 2013, No. 30, Article 4079; 2014, No. 26, Article 3377) the following changes:
1) Article 12 shall be supplemented with paragraph 2 1 of the following content:
"2 1. In order to carry out urban planning activities in conditions of cramped urban development, the federal executive body exercising federal state sanitary and epidemiological supervision has the right to establish the specifics of the application of individual sanitary and epidemiological requirements, the requirements provided for by sanitary rules, or to approve individual sanitary and epidemiological requirements , sanitary rules (with the exception of the minimum necessary requirements to ensure the safety of buildings and structures, including the engineering and technical support systems and networks included in them).";
2) the third paragraph of clause 2 of Article 38 shall be supplemented with the words "including the establishment of the grounds in the presence of which the calculation and assessment of the risk to human health is required";
3) the third paragraph of paragraph 2 of Article 51 shall be supplemented with the words "including methods for calculating and assessing the risk to human health".
Article 5
Submit to the Land Code of the Russian Federation (Collected Legislation of the Russian Federation, 2001, No. 44, Art. 4147; 2014, No. 26, Art. 3377; No. 30, Art. 4218, 4225; 2015, No. 10, Art. 1418; No. 29 , Articles 4339, 4350; 2016, No. 18, Article 2495; No. 26, Article 3890; No. 27, Articles 4269, 4282, 4298, 4306) the following changes:
1) Paragraph 2 of Article 39 6 shall be supplemented with subparagraph 36 of the following content:
"36) a land plot owned by a subject of the Russian Federation - the city of federal significance Moscow or state ownership of which is not demarcated, in order to implement the decision on the renovation of the housing stock in the subject of the Russian Federation - the city of federal significance Moscow in accordance with the Law of the Russian Federation dated April 15, 1993 No. 4802-I "On the Status of the Capital of the Russian Federation", to the Moscow Fund for the Renovation of Residential Development, created by the subject of the Russian Federation - the city of federal significance Moscow in accordance with the said Law, in the event that it is planned to build apartment buildings on such a land plot and (or) other real estate objects with the involvement of funds from citizens and legal entities under agreements for participation in shared construction in accordance with Federal Law No. 214-FZ of December 30, 2004 "On participation in shared construction of apartment buildings and other real estate objects and on amendments enii in some legislative acts of the Russian Federation. "";
2) Paragraph 2 of Article 39 10 shall be supplemented with subparagraph 19 of the following content:
"19) the Moscow Fund for the Renovation of Residential Development, created by the subject of the Russian Federation - the city of federal significance Moscow in order to implement the decision on the renovation of the housing stock in the subject of the Russian Federation - the city of federal significance Moscow in accordance with the Law of the Russian Federation dated April 15, 1993 No. 4802-I "On the status of the capital of the Russian Federation", in relation to a land plot that is owned by a constituent entity of the Russian Federation - the city of federal significance of Moscow or state ownership of which is not demarcated, if it is not planned to build apartment buildings and (or) on such a land plot other real estate objects with the attraction of funds from citizens and legal entities under agreements for participation in shared construction in accordance with Federal Law No. 214-FZ of December 30, 2004 "On participation in shared construction of apartment buildings and other real estate objects and on amendments to certain laws legislative acts of the Russian Federation".".
Article 6
Federal Law No. 137-FZ of October 25, 2001 "On the Enactment of the Land Code of the Russian Federation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2001, No. 44, Art. 4148; 2003, No. 28, Art. 2875; No. 50, Art. 4846; 2004, No. 41, article 3993; 2005, No. 1, article 17; No. 25, article 2425; 2006, No. 1, article 3, 17; No. 17, article 1782; No. 27, article 2881; No. 52, item 5498; 2007, No. 7, item 834; No. 31, item 4009; No. 43, item 5084; No. 46, item 5553; No. 48, item 5812; No. 49, item 6071; 2008, No. 30, item 3597; 2009, No. 1, item 19; No. 19, item 2281, 2283; No. 29, item 3582; No. 52, item 6418, 6427; 2010, No. 30 , item 3999; 2011, No. 1, item 47; No. 13, item 1688; No. 29, item 4300; No. 30, item 4562; No. 49, item 7027; No. 51, item 7448; 2012 , No. 27, item 3587; No. 53, item 7614, 7615; 2013, No. 14, item 1651; No. 23, item 2866, 2881; No. 27, item 3477; No. 30, item 4072; 2014 , No. 26, item 3377; 2015, No. 1, item 9, 38, 72; No. 10, item 1418; No. 24, item 3369; 2016, No. 22, item 3097; No. 26, item 3890 ; No. 27, Articles 4267, 4287, 4294, 4306) supplement with Article 16 as follows:
"Article 16 Features of the use of land or land plots that are owned by a constituent entity of the Russian Federation or state ownership of which is not delimited, without the provision of land plots and the establishment of an easement for the placement of linear engineering infrastructure facilities and other technologically related capital construction facilities, as well as features of the formation of land plots for the purpose of renovation of the housing stock, carried out in accordance with the federal law, are established by such a federal law.
Article 7
Chapter 1 of Federal Law No. 184-FZ of December 27, 2002 "On Technical Regulation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2002, No. 52, Art. 5140; 2007, No. 19, Art. 2293; No. 49, Art. 6070; 2009 , No. 29, item 3626; 2010, No. 1, items 5, 6; No. 40, item 4969; 2011, No. 30, item 4603; No. 49, item 7025; 2012, No. 50, item 6959 ; 2014, No. 26, Article 3366; 2015, No. 27, Article 3951; No. 29, Article 4342; No. 48, Article 6724; 2016, No. 15, Article 2066) shall be supplemented with Article 5 4 as follows:
"Article 5 4. Features of technical regulation in the implementation of urban planning activities in conditions of cramped urban development
1. Features of technical regulation in the preparation of documentation for the planning of the territory, the implementation of architectural and construction design, construction, reconstruction of capital construction projects in conditions of cramped urban development may be established by federal laws, taking into account the specifics of technical regulation in the field of ensuring the safety of buildings and structures established by the Federal Law " Technical regulation on the safety of buildings and structures.
2. In order to carry out urban planning activities in conditions of cramped urban development, authorized federal executive bodies have the right to establish specifics for the application of the requirements established by national standards and sets of rules, or to adopt separate national standards and sets of rules (except for cases where these requirements directly affect safety buildings and structures, including the engineering and technical support systems and networks included in them).
Article 8
Include in Federal Law No. 152-FZ of November 11, 2003 "On Mortgage Securities" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2003, No. 46, Art. 4448; 2005, No. 1, Art. 19; 2006, No. 31, Art. 3440; 2010, No. 11, article 1171; 2012, No. 53, article 7606; 2013, No. 30, article 4084; 2016, No. 27, article 4294) the following changes:
1) in article 3:
a) add parts 2 1 and 2 2 as follows:
"2 1. A claim under a mortgage-secured obligation, which is part of the mortgage coverage, when replacing the subject of mortgage in cases established by federal laws, is excluded from the mortgage coverage, unless the immovable property that is the subject of the mortgage is insured against the risk of loss or damage no later than six months from the date of replacement of the subject of mortgage.
2 2 . When replacing the subject of mortgage in cases established by federal law, the value of the immovable property that is the subject of mortgage may be determined on the basis of its cadastral value.";
b) paragraph four of part 4 shall be supplemented with the words "except for the replacement of the subject of mortgage in cases established by federal law";
2) Paragraph four of Part 2 of Article 5 shall be supplemented with the words "or its cadastral value in the case established by this Federal Law".
Article 9
Federal Law No. 189-FZ of December 29, 2004 "On the Enactment of the Housing Code of the Russian Federation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2005, No. 1, Art. 15; No. 52, Art. 5597; 2006, No. 27, Art. 2881; 2007, No. 1, article 14; No. 49, article 6071; 2009, No. 19, article 2283; 2010, No. 6, article 566; No. 32, article 4298; 2011, No. 23, article 3263; 2012, No. 41, article 5524; No. 53, article 7596; 2013, No. 8, article 722; No. 14, article 1651; No. 23, article 2866; 2014, No. 26, article 3377; 30, Article 4218, 4256; 2015, No. 9, Article 1194; 2016, No. 9, Article 1168; No. 27, Article 4294; 2017, No. 9, Article 1274) shall be supplemented with Article 26 as follows:
"Article 26
The competence of the general meeting of owners of premises in an apartment building in the formation and implementation of the housing renovation program, carried out in accordance with federal law, the features of ensuring the housing rights of citizens for the renovation of the housing stock, the features of using contributions for the overhaul of common property in an apartment building included in the program renovation of the housing stock, and the specifics of the application of Article 175 of the Housing Code of the Russian Federation for the purpose of renovation of the housing stock are established by the federal law, in accordance with which the renovation of the housing stock is carried out, and the laws and other regulatory legal acts of the constituent entity of the Russian Federation adopted in accordance with it.
Article 10
Federal Law No. 191-FZ of December 29, 2004 "On the Enactment of the Town Planning Code of the Russian Federation" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2005, No. 1, Art. 17; No. 30, Art. 3122; 2006, No. 1, Art. 17; No. 27, item 2881; No. 52, item 5498; 2007, No. 21, item 2455; No. 49, item 6071; No. 50, item 6237; 2008, No. 20, item 2251; No. 30 , item 3604; 2009, No. 1, item 19; No. 11, item 1261; No. 19, item 2283; No. 29, item 3611; No. 48, item 5723; No. 52, item 6419, 6427 ; 2010, No. 31, item 4209; No. 40, item 4969; No. 52, item 6993; 2011, No. 13, item 1688; No. 30, item 4563, 4594; 2012, No. 26, item 3446 ; No. 27, item 3587; No. 53, item 7614, 7615; 2013, No. 14, item 1651; No. 23, item 2866; No. 30, item 4072; No. 52, item 6976; 2014, No. 26, Article 3377; 2015, No. 1, Article 9, 38, 52, 72; No. 9, Article 1195; No. 10, Article 1418; No. 17, Article 2477; No. 27, Article 3951; No. 29, Articles 4347, 4376; 2016, No. 1, Article 22; No. 26, Article 3890; No. 27, Articles 4305, 4306; 2017, No. 1, Article 35) shall be supplemented with Article 109 as follows:
"Article 10 9
Features of the implementation of urban planning activities for the purpose of renovation of the housing stock in accordance with the federal law are established by such a federal law and laws and other regulatory legal acts of the constituent entity of the Russian Federation adopted in accordance with it.
Article 11
Article 1 of the Federal Law of December 30, 2004 No. 214-FZ "On Participation in Shared Construction of Apartment Buildings and Other Real Estate and on Amendments to Certain Legislative Acts of the Russian Federation" (Collected Legislation of the Russian Federation, 2005, No. 1, Art. 40 ; 2006, No. 30, article 3287; 2010, No. 25, article 3070; 2016, No. 18, article 2515; No. 27, article 4237) add part 4 as follows:
"4. This Federal Law applies to relations related to the attraction of funds from citizens and legal entities for the shared construction of apartment buildings and (or) other real estate objects and arising in connection with the renovation of the housing stock in a constituent entity of the Russian Federation - the federal city of Moscow, taking into account the specifics provided for by the Law of the Russian Federation of April 15, 1993 No. 4802-I "On the Status of the Capital of the Russian Federation".".
Article 12
Include in Article 10 of the Federal Law of July 22, 2008 No. 159-FZ "On the peculiarities of the alienation of real estate that is in state ownership of the constituent entities of the Russian Federation or in municipal ownership and leased by small and medium-sized businesses, and on amendments to certain legislative acts of the Russian Federation" (Collected Legislation of the Russian Federation, 2008, No. 30, Art. 3615; 2010, No. 27, Art. 3434; 2013, No. 27, Art. 3436; 2015, No. 27, Art. 3949) the following changes:
1) Part 3 shall be supplemented with the words ", except for the case provided for by Part 4 of this Article";
2) add part 4 of the following content:
"4. Relations arising in connection with the alienation from the state property of a constituent entity of the Russian Federation of immovable property leased by small or medium-sized businesses for the purpose of renovation of the housing stock, carried out in accordance with federal law, are regulated by Articles 1 - 6 and 9 of this Federal Law until the end the period of validity of the housing stock renovation program provided for by such a federal law.
Article 13
Include in the Federal Law of July 13, 2015 No. 218-FZ "On State Registration of Real Estate" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2015, No. 29, Art. 4344; 2016, No. 18, Art. 2484, 2495; No. 23, Art. 3296; No. 26, art. 3890; No. 27, art. 4237, 4248, 4284, 4294) the following changes:
1) Part 3 of Article 9 shall be supplemented with paragraph 8 3 of the following content:
"8 3) information about the impossibility of transferring residential premises as a pledge, rent, encumbrance with other rights, as well as the impossibility of alienating it in cases provided for by the Law of the Russian Federation of April 15, 1993 No. 4802-I "On the Status of the Capital of the Russian Federation"; ";
2) Article 19 shall be supplemented with part 1 1 of the following content:
"1 1. In the event of the conclusion of an agreement, a party to which is an authorized executive body of a constituent entity of the Russian Federation - the federal city of Moscow, and which provides for the transfer of ownership of a dwelling in an apartment building included in the housing renovation program in the specified constituent entity of the Russian Federation in accordance with the Law of the Russian Federation of April 15, 1993 No. 4802-I "On the Status of the Capital of the Russian Federation", the authorized executive body of the constituent entity of the Russian Federation - the federal city of Moscow, within three days from the date of signing the said agreement, sends an application for state registration of the transfer of ownership for the residential premises specified in such an agreement to the registration authority with the attachment of the documents provided for by this Federal Law.The registration authority within seven days from the date of receipt of such an application carries out state registration and ownership rights to the residential premises specified in such an agreement.";
3) Clause 4 of Article 25 shall be supplemented with the words "except for the case provided for by Part 1 1 of Article 19 of this Federal Law";
4) Part 1 of Article 42 shall be supplemented with the words ", transactions for the alienation and acquisition of shares in the right of common ownership of real estate when concluding an agreement providing for the transfer of ownership of residential premises in accordance with the Law of the Russian Federation dated April 15, 1993 No. 4802-I" On the status of the capital of the Russian Federation" (except for the case provided for by part nineteen of Article 7 3 of the said Law)";
5) Article 48 shall be supplemented with part 6 1 of the following content:
"6 1. For the state registration of an agreement for participation in shared construction concluded by the Moscow Fund for Assistance to the Renovation of the Housing Stock, created in accordance with the Law of the Russian Federation of April 15, 1993 No. 4802-I "On the Status of the Capital of the Russian Federation", with participants in shared construction of an apartment building house and (or) other real estate, the submission of documents provided for in paragraphs 4-6 of part 2 of this article is not required, and the provisions of parts 3 and 6 of this article do not apply.";
6) in Article 53:
a) add parts 4 1 and 4 2 as follows:
"4 1. State registration of a mortgage in accordance with the Law of the Russian Federation dated April 15, 1993 No. 4802-I "On the status of the capital of the Russian Federation" in relation to equivalent residential premises or equivalent residential premises is carried out without a corresponding application simultaneously with state registration of ownership of the corresponding residential premises on the basis of an agreement providing for the transfer of ownership of residential premises and concluded in accordance with the Law of the Russian Federation of April 15, 1993 No. 4802-I "On the Status of the Capital of the Russian Federation", or a court decision that has entered into force to compel the conclusion of this agreement , on the release of residential premises in an apartment building included in the renovation program for the housing stock of the constituent entity of the Russian Federation - the city of federal significance Moscow, and on its transfer to the ownership of the subject of the Russian Federation - the city of federal significance Moscow, on state registration and ownership rights to an equivalent dwelling or an equivalent dwelling. The body for registration of rights not later than three days from the date of state registration of a mortgage in respect of equivalent residential premises or equivalent residential premises shall notify the mortgagee of this in the manner established by the regulatory body.
4 2 . When submitting an application for making changes to the records of the Unified State Register of Real Estate by the owner of the mortgage certifying the rights of the pledgee in respect of a dwelling in an apartment building included in the housing renovation program in accordance with the Law of the Russian Federation dated April 15, 1993 No. 4802-I "On the status of the capital of the Russian Federation", the rights registration authority amends the content of the mortgage in the manner prescribed by Federal Law No. 102-FZ of July 16, 1998 "On Mortgage (Pledge of Real Estate)".";
b) in Part 11 the words "Part 4 of Article 60 of this Federal Law" shall be replaced by the words "by this Federal Law";
c) add part 11 1 of the following content:
"11 1. State registration of the termination of a mortgage in respect of a dwelling in an apartment building included in the housing renovation program in accordance with the Law of the Russian Federation of April 15, 1993 No. 4802-I "On the status of the capital of the Russian Federation" is carried out without a corresponding application at the same time with state registration of the transfer of ownership of equivalent residential premises or equivalent residential premises.
7) Article 57 shall be supplemented with part 3 of the following content:
"3. The basis for state registration of the transfer of rights to housing in an apartment building included in the housing renovation program in accordance with the Law of the Russian Federation of April 15, 1993 No. 4802-I "On the status of the capital of the Russian Federation" is provided for in Article 7 3 of this Law, an agreement or a judicial act that has entered into force. For state registration of the transfer of ownership of such residential premises in accordance with this article, a transfer act or other document is also submitted confirming the fulfillment by the parties of their obligations under the agreement concluded in accordance with this Law.".
Article 14
1. Provisions of the Law of the Russian Federation of April 15, 1993 No. 4802-I "On the Status of the Capital of the Russian Federation" (as amended by this Federal Law), regulating relations arising in connection with the implementation of the housing renovation program in a constituent entity of the Russian Federation - a city of federal significance Moscow, do not apply to relations arising from the recognition, in accordance with the procedure established by the Government of the Russian Federation, of an apartment building as emergency and subject to demolition or reconstruction.
2. Only those multi-apartment buildings may be included in the draft program for the renovation of the housing stock, in which voting on the issue of including the housing stock of the multi-apartment building in the draft program for the renovation of the housing stock was held before the date of entry into force of this Federal Law and provided that the results of such voting comply with the requirements of part the second article 7 1 of the Law of the Russian Federation dated April 15, 1993 No. 4802-I "On the Status of the Capital of the Russian Federation" (as amended by this Federal Law).
Article 15
This Federal Law shall enter into force on the day of its official publication.
President of the Russian Federation V. Putin
