Federal Law 135 of 01.07. The law of the Russian Federation "on the status of the Russian capital
Article 1
Add to Law Russian Federation dated April 15, 1993 No. 4802-I “On the status of the capital of the Russian Federation” (Gazette of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 19, Art. 683; Collection of Legislation of the Russian Federation, 1995, No. 30, Art. 2863; 2004, No. 35, Art. 3607; 2007, No. 27, Art. 3213; 2015, No. 1, Art. 28) the following changes:
1) Article 2 shall be supplemented with the words “as well as the peculiarities of 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 is declared invalid;
3) in article 4:
a) the name should be supplemented with the words “and also for the purpose of renovation of the housing stock in the city of Moscow”;
b) the first paragraph after the words “Russian Federation” is supplemented with the words “and also for the purpose of renovation of the housing stock in the city of Moscow”;
c) add paragraphs with the following content:
"determine the content of the housing stock renovation program in the city of Moscow (hereinafter also referred to as the renovation program). At the same time, the renovation of the housing stock in the city of Moscow (hereinafter also referred to as renovation) is understood as a set of activities carried out in accordance with the housing stock renovation program in the city of Moscow, aimed to update the living environment and create favorable conditions residence of citizens, public space in order to prevent the growth of emergency housing stock in the city of Moscow, ensure the development of residential areas and their improvement. The renovation program sets the order of demolition apartment buildings included in the renovation program. The order of demolition of these apartment buildings is 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, similar to them in characteristics structural elements apartment buildings 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 rent (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 program renovations. 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 designs developed in the period from 1957 to 1968, using standard wall and (or) ceiling products;
approve the housing renovation program in the city of Moscow;
determine, within the limits of their powers, sources of financing for the renovation program, the implementation of which is carried out, among other things, with the involvement of funds from the budget of the city of Moscow;
make, on the basis of the approved renovation program, decisions on the renovation of the housing stock in the city of Moscow (hereinafter referred to as decisions on renovation), 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 time frame for 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;
establish, in order to implement the renovation program, the cases and procedure for the development and approval of a comprehensive scheme of engineering support (electricity, heat supply, gas supply, water supply and sanitation) of the territory, which is a graphic and text description of existing and planned linear objects of engineering infrastructure and other technologically related facilities objects capital construction, including information on the planned location of connection points (technological connection) of capital construction projects to engineering and technical support networks, electrical networks, on the maximum free capacity of existing and planned for the placement of these networks, on their maximum load, approve the form of such a diagram and composition the information indicated therein;
establish, in order to implement the decision on renovation, the procedure for determining connection points (technological connection) of capital construction projects to engineering and technical support 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 planning the territory in order to implement the decision on renovation;
establish the procedure and conditions for improvement living conditions owner of residential premises in apartment building included in the renovation program, members of his family, the tenant of the residential premises, members of his family registered as needing residential premises (including citizens registered before March 1, 2005 for the purpose of subsequent provision of residential premises to them under contracts social rent), provided that such procedures and conditions do not reduce the guarantees for improving the living conditions of the persons specified in this paragraph provided for by housing legislation and other federal laws;
4) in article 7:
a) in the title, replace the words “long-term development planning” with the words “territorial planning”;
b) in part one, the words “development” and the words “developed by the administration of the city of Moscow” are deleted, the words “Council of People’s Deputies of the City of Moscow” are replaced with the words “legislative (representative) body of state power of the city of Moscow”;
c) in part two, replace the words “long-term development planning” with the words “territorial planning”;
5) add articles 7 1 - 7 8 with the following content:
"Article 7 1. Identification and consideration of the opinions of premises owners and tenants of residential premises when forming and implementing a renovation program. Information on renovation issues
Forms and procedure for identifying and taking into account the opinions of premises owners and tenants of residential premises when forming and implementing a renovation program, including through general meeting 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 can only include an apartment building of the first period of industrial housing construction, an apartment building similar to it in terms of the characteristics of its structural elements, in which the owners of residential premises and tenants of residential premises of at least two thirds of the residential premises voted for the inclusion of the corresponding apartment building into the renovation program project. The voting procedure when forming a renovation program, including the procedure for recording votes of owners and (or) tenants of one residential premises, as well as counting votes in such an apartment building, is established by a regulatory legal act of the city of Moscow. In this case, the results of voting on residential premises (except for voting at general meetings of owners of residential premises) in the event that none of the owners and (or) tenants in the residential premises took part in the vote, 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 (before the day of concluding the first social tenancy agreement in relation to 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 before the day of concluding the first an agreement providing, in accordance with Article 7 3 of this Law, for the transfer of ownership of residential premises in an apartment building included in the renovation program, including as a result of its purchase 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 established by the Housing Code of the Russian Federation, a general meeting of owners of premises in an apartment building may be held on the issue of making a decision to exclude this apartment building houses from the renovation program project, renovation program. To make this decision, more than one third of the votes from total number votes of all owners of premises in this apartment building. If this decision is made, the apartment building is subject to exclusion from the draft renovation program, renovation program. The first contract for social rental of residential premises in relation to equivalent residential premises, the first contract providing, in accordance with Article 7 3 of this Law, the transfer of ownership of residential premises in an apartment building included in the renovation program, including by payment of equivalent compensation in cash, may be concluded no earlier than 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 powers to represent the interests of the city of Moscow as the owner of residential premises in an apartment building are vested in the tenants of such residential premises in the specified apartment building home. The authority of the tenant of residential premises to participate in the general meeting of owners of premises in an apartment building is confirmed by the presentation of a social tenancy agreement for residential premises or another document confirming his residence in this residential premises on the terms of social tenancy of residential premises.
Information on the implementation of renovation is carried out by publishing relevant information in print media mass 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 supreme executive body of state power of the city of Moscow, another website determined by the specified government body on the information and telecommunications network "Internet", as well as in other ways that 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 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 on the Internet information and telecommunications network determined by the specified government authority.
Article 7 2. Peculiarities of 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 for the purpose of implementing renovation decisions is provided with utilities, transport, and social infrastructure in accordance with territorial planning documents, urban planning standards and other requirements, defined by law about urban planning activities.
To implement decisions on renovation, territory planning documentation can be approved both in relation to the territory within the boundaries of which, in accordance with the land use and development rules of the city of Moscow (hereinafter referred to as the land use and development rules), 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 comprehensive and sustainable development is not provided.
To implement renovation decisions, preparation of territory planning documentation is carried out without taking into account previously approved territory planning documentation. From the date of approval of new territory planning documentation, previously approved territory planning documentation is considered invalid.
The composition and content of territory planning documentation is determined by the Town Planning Code of the Russian Federation, taking into account the features provided for in this article. To implement the decision on renovation, 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 documentation on the planning of the territory in order to implement the decision on renovation in relation to the territory, within the boundaries of which activities for its comprehensive and sustainable development are not envisaged, the draft territory planning may not contain information, documents, materials, the need to include which is provided for in the case of preparation a project for planning a territory subject to integrated and sustainable development in accordance with the Town Planning Code of the Russian Federation.
In the event that the territory planning documentation prepared for the implementation of the decision on renovation provides for the placement of capital construction objects, 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 objects and (or) the maximum parameters of the permitted construction, reconstruction of capital objects construction, established by the rules land use and development, and (or) if the types of permitted use land plots, on which it is planned to locate these objects, do not comply with the types of permitted use of land plots established by the rules of land use and development; simultaneously with the preparation of documentation on the planning of the territory, changes made to the rules of land use and development are being prepared. In this case, in accordance with Article 33 of the Town Planning Code of the Russian Federation, a decision to prepare a project to amend the rules of land use and development is not required. At the same time, changes made to the land use and development rules and territory planning documentation are approved simultaneously.
If, in order to implement decisions on renovation, a land plot is formed from land plots that are owned by the city of Moscow or the state ownership of which is not demarcated, and (or) from land plots occupied by apartment buildings included in decisions on renovation, and its boundaries do not intersect with the boundaries of land plots registered with the state cadastral register and being in federal or private ownership, until such a land plot is formed in accordance with land legislation on the basis of approved land use and development rules, a draft territory planning and a layout diagram of a land plot or land plots on the cadastral plan of the territory, it is allowed to issue a town planning plan for the land plot to be formed in order to implement the territory planning project, carry out engineering surveys, Preparation project documentation for the construction, reconstruction of a capital construction project, carrying out state examination of design documentation and (or) the results of engineering surveys, issuing a permit for the construction of a capital construction project, construction, reconstruction of a capital construction project. In this case, provision of title documents for the land plot is not required to issue a permit for the construction of a capital construction project. The application for a building permit is accompanied by an approved diagram of the location of the land plot or land plots on the cadastral plan of the territory.
The estimated cost of construction of capital construction projects, 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 design documentation for a capital construction project, the construction or reconstruction of which is carried out in order to implement the decision on renovation, for the state examination of the design documentation and until the issuance of a permit for the construction of the specified facility, it is allowed to carry out 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 for which state ownership is not demarcated, 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 features provided for in this part. In order to implement decisions on renovation, along with the cases provided for by the Land Code of the Russian Federation, permission to use the specified lands or land plots without providing land plots and establishing an easement can be issued for the placement of linear engineering infrastructure facilities and other technologically related capital construction projects. The list of these objects, the placement of which is carried out on the basis of the permission for the use of the specified lands or land plots provided for in this part, and the procedure for issuing such permission are determined by the regulatory legal act of the city of Moscow. The permit for the use of land or land plots provided for by this part allows the person to whom such a permit was issued to carry out construction, reconstruction, major renovation and operation of these facilities. In this case, to obtain a construction permit, permission to put these objects into operation, for state cadastral registration, state registration ownership rights to these objects are provided with the permission provided for in this part for the use of land or land plots. In this case, 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 ownership rights 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 the 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 apartment buildings included in the renovation program
Owners of residential premises in apartment buildings included in the renovation program (hereinafter referred to as the owners of residential premises) and tenants of residential premises in apartment buildings included in the renovation program, in order to ensure their housing rights, are provided with equivalent residential premises in place of the specified residential premises.
In this Law, equivalent residential premises means residential premises that simultaneously meet the following requirements:
The living area and the number of rooms in such a residential premises are not less than the living area and the number of rooms in the vacated residential premises, and the total area of such residential premises exceeds total area vacated residential premises;
such residential premises meet the standards of improvement established by the legislation of the city of Moscow, and also have improved finishing 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, which is located in the same district of the city of Moscow in which the apartment building included in the renovation program is located (the boundaries of the specified area are determined as of January 1, 2017), except for the case if the apartment building located in the Zelenogradsky, Troitsky or Novomoskovsky administrative districts of Moscow. In this case, equivalent residential premises are provided within the boundaries administrative district the city of Moscow, in which the apartment building included in the renovation program is located.
The owner of a residential premises, on the basis of a written application, instead of an equivalent residential premises being provided for ownership, has the right to receive equivalent compensation for the vacated residential premises in cash or by providing equivalent residential premises.
The owner of a residential premises in respect of which is registered in the form of in the prescribed manner restrictions on rights or encumbrances. The cost of the provided residential premises of equal value cannot be lower than the cost of the vacated residential premises, determined according to 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 the owner of the residential premises receives a draft agreement concluded in accordance with part four of this article, providing for the transfer of ownership of the residential premises with the condition of providing equivalent residential premises .
The 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 ownership of residential premises).
An agreement providing for the transfer of ownership of residential premises with the condition of providing equivalent residential premises must be concluded by the owner of the residential premises in an apartment building included in the renovation program, without fail, in accordance with civil law, except for the case provided for in part six of this article. The rules of civil legislation on barter are applied 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 in part three of this article within the period specified in this part, the authorized executive body of the city of Moscow enters into 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 money. form or by providing equivalent residential premises on the right of ownership. In this case, an agreement providing for the transfer of ownership of residential premises with the condition of providing equivalent compensation in cash or by providing equivalent residential premises is subject to mandatory conclusion by this owner of the residential premises in accordance with civil law.
To an agreement providing for the transfer of ownership of residential premises with the condition of providing equivalent compensation in cash, the rules of civil legislation on purchase and sale are applied, taking into account the specifics provided for by this Law.
To an agreement providing for the transfer of ownership of residential premises with the condition of providing 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 residential premises must contain:
information about the parties to the agreement;
information about residential premises in an apartment building included in the renovation program;
information about an equivalent residential premises (indicating the cadastral number of such residential premises) or in cases established by part three of this article, information about an 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 equivalent compensation in cash;
details of the decision on renovation;
the obligation of the authorized executive body of the city of Moscow, within the time period established by the contract, to transfer equivalent residential premises to the owner of the residential premises or, in cases established by this Law, to transfer equivalent residential premises or pay equivalent compensation in cash, as well as the obligation of the specified owner of the residential premises to accept correspondingly equivalent residential premises , equivalent residential premises, equivalent compensation in cash;
the obligation of the owner of the residential premises to transfer the residential premises belonging to him to the authorized executive body of the city of Moscow within the time period established by the contract, as well as the obligation of the authorized executive body of the city of Moscow to accept such residential premises;
the deadline for fulfilling the obligations specified in paragraphs six and seven of this part;
a list of persons who have the right to use residential premises in an apartment building included in the renovation program, and who acquire the corresponding 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 equivalent residential premises or equivalent residential premises in accordance with this Law. At the same time, the provision of a room in a communal apartment or part of a residential premises constituting a share in the common ownership right to 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 right of common shared or common joint ownership in the manner established by part twenty-one of this article.
The tenant of a residential premises and members of his family living with him, in exchange for the residential premises vacated by them, are provided with equivalent residential premises under a social tenancy agreement, and if they have a written application, equivalent residential premises are provided to them by right of ownership on the basis of an agreement for the transfer of residential premises into ownership.
Citizens in need of residential premises provided under social tenancy agreements (including citizens registered before March 1, 2005 for the purpose of subsequent provision of residential premises under social tenancy agreements), and who own or use under social tenancy 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 on 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 equivalent residential premises or equivalent compensation in cash or by providing equivalent residential premises. These citizens retain the right to be registered as those in need of residential premises provided under social tenancy 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 registration.
If an agreement providing for the transfer of ownership of residential premises and subject to mandatory conclusion in accordance with this article was not concluded within ninety days from the date the owner of the residential premises received a draft agreement providing for the transfer of ownership of residential premises, registered by letter with notification of receipt, the authorized executive body of the city of Moscow has the right to apply to the court with a demand simultaneously to compel the specified owner of the residential premises to conclude an agreement providing for the transfer of ownership of the residential premises, to vacate the residential premises in an apartment building included in the renovation program, and on its transfer into 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 equivalent residential premises provided, 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 residential premises or the amount of equivalent compensation in cash.
Owners of residential premises are exempt from paying contributions for major repairs of common property in an apartment building included in the renovation program from the date of its approval. At the same time, contributions previously made by the indicated owners of residential premises for major repairs of common property in an apartment building are used for the purpose of implementing this program.
If the owners of residential premises, as a way of forming a capital repair fund for 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 the city of Moscow to a special account to the city of Moscow in the manner established 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 is not an obstacle to the 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 decisions provided for in this article. In this case, simultaneously with the state registration of the transfer of ownership of the provided residential premises, state registration of restrictions or encumbrances of rights in relation to the specified provided residential premises is carried out.
If, in relation to real estate in an apartment building included in the renovation program, a judicial act or an act of an authorized body is adopted on the seizure of real estate, or on a ban on performing certain actions with real estate, or on the election of a pledge in the form of a preventive measure. In accordance with the criminal procedural legislation of the Russian Federation, the conclusion of an agreement providing for the transfer of ownership of residential premises is the basis for the transfer of the specified restrictions or encumbrances of rights to the provided residential premises.
The right of ownership of the owner of residential premises or, in the case provided for in part eleven of this article, the tenant of residential premises to residential premises in a commissioned apartment building, granted on the basis of an agreement providing for the transfer of ownership of residential premises, or on the basis of an agreement for the transfer of ownership of residential premises , can be registered without prior registration of ownership of the city of Moscow for such residential premises, while simultaneously meeting 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 for which state ownership is not demarcated (including on a land plot provided in accordance with land legislation to the Moscow Residential Renovation Fund for rent or for free use );
such construction, in order to carry out the activities 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 Residential Development Renovation Fund.
In the event of the death of the owner of a residential premises, an agreement providing for the transfer of ownership of the residential premises is concluded in notarial form in the interests of the heirs of the specified person by a trustee of the inherited property appointed by a notary or other persons specified in Article 1026 Civil Code Russian Federation. The trustee shall exercise the rights of the owner of residential premises established by this Law, including the rights associated with voting, concluding an agreement providing for the transfer of ownership of residential premises, and submitting an application for the provision of equivalent compensation in cash or by providing 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 certificate of inheritance is issued to the city of Moscow as the owner of the residential premises provided under an agreement providing for the transfer of ownership of the residential premises, the city is indicated in the Unified State Register of Real Estate Moscow and at the same time information is entered into it about the impossibility of transferring residential premises as collateral, rent, the impossibility of encumbering it with other rights, as well as the impossibility of its alienation. The body carrying out 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 residential premises at the request of the notary who issued a certificate of inheritance rights to residential premises that belonged to the deceased owner of residential premises, which was filed on based on such evidence.
Persons who have the right to use residential premises in an apartment building included in the renovation program lose such right after concluding an agreement providing for the transfer of ownership of residential premises, and acquire, under the same conditions, the right to use 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 a common ownership right to 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 (if such residential premises were in common shared ownership), or the emergence of the right of common joint ownership of the provided residential premises (if such residential premises in the apartment building included in the renovation program were located in common joint ownership).
If minors, incompetent or partially capable citizens live in residential premises in an apartment building included in the renovation program, providing the owners of such residential premises with equivalent compensation in cash is not permitted.
The provision of equivalent residential premises or equivalent residential premises to owners of residential premises and tenants of residential premises is carried out without charging additional payment.
Owners of residential premises and tenants of residential premises in apartment buildings included in the renovation program, who are provided with ownership of equivalent residential premises, have the right, upon written application, to purchase residential premises for an additional payment larger area and (or) residential premises with more rooms than the equivalent residential premises provided to them, in the manner established by the regulatory legal act of the city of Moscow, including at the expense of maternal (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 non-residential premises in apartment buildings included in the renovation decision
Non-residential premises in apartment buildings included in the decision on renovation, which are not related to the common property in such apartment buildings, are subject to seizure 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 upon termination of the right to lease non-residential premises owned by the city of Moscow in apartment buildings included in the renovation decision
In the event 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, the 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 paragraph 12 of part 1 of Article 17 1 of the Federal Law of July 26, 2006 No. 135-FZ “On the 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 until its expiration, without bidding and maintaining 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 a previously concluded lease agreement for non-residential premises has expired, but the specified agreement is considered renewed on the basis of paragraph 2 of Article 621 of the Civil Code of the Russian Federation, new agreement The lease of non-residential premises is 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 of inclusion of this apartment building in the renovation program, a pre-emptive right to purchase this rented non-residential premises in accordance with Article 3 of the Federal Law of July 22, 2008 No. 159-FZ "On the specifics of the alienation of real estate located in state property 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 preemptive right is retained in relation to equivalent non-residential premises provided to it under a new lease agreement for non-residential premises provided for in part one of this articles for the duration of the renovation program.
Article 7 6. The procedure for decommissioning an apartment building included in the renovation decision
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 determined 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, owners of residential premises and tenants of residential premises cannot be evicted from residential premises in an apartment building included in the decision on renovation until the date of transfer to them of new residential premises that meet the requirements of this Law, or provision 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 measures for the demolition of an apartment building that has been decommissioned, prepared, inter alia, to ensure compliance with safety requirements when carrying out 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 renovation decision, it is disconnected from the utility networks, electrical networks. The use of residential and non-residential premises in such an apartment building is not permitted.
The existence of an apartment building included in the renovation decision ceases if it is demolished. A decision to demolish such an apartment building is not required.
Article 7 7. Moscow Residential Development Renovation Fund, goals of its activities, tasks and functions
The Moscow Residential Development Renovation Fund (hereinafter referred to as the fund) is a unitary non-profit organization created in accordance with the regulatory legal act of the city of Moscow in the organizational and legal form of a fund. The foundation has a seal depicting the coat of arms of the city of Moscow and its full name.
The status, goals of activity, functions of the fund, the procedure for forming the governing bodies of the fund are determined by the Civil Code of the Russian Federation, Federal Law of January 12, 1996 No. 7-FZ “On Non-Profit Organizations” (hereinafter referred to as the Federal Law “On Non-Profit Organizations”), and other regulatory legal acts of the Russian Federation regulating the activities of non-profit organizations, taking into account the specifics established by this Law.
To carry out transactions 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 on the territory of the Russian Federation in the manner established by the legislation of the Russian Federation.
The fund is not subject to the provisions of paragraphs 3, 5, 7, 10 and 14 of Article 32 of the Federal Law “On Non-Profit Organizations”, as well as the provisions of paragraph 1 of Article 7 of the Federal Law “On Non-Profit Organizations” and paragraph 1 of Article 123 18 of the Civil Code of the Russian Federation in part of holding the founders of the fund accountable for the obligations of the fund in the event of failure to fulfill or improper fulfillment of their obligations under agreements 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 the emergency housing stock in the city of Moscow, to ensure the development of residential areas and their improvement.
To achieve the goals provided for in part five of this article, the fund performs the following functions:
ensures, within the framework of its powers, the implementation of measures provided for by the renovation program and decisions on renovation;
provides assistance in the demolition of apartment buildings included in renovation decisions;
provides assistance in carrying out engineering surveys, preparing design documentation, construction, reconstruction, major repairs of capital construction projects, restoration of cultural heritage sites in order to implement decisions on renovation, as well as in carrying out construction control during the construction and reconstruction of these objects;
assists in the preparation of territory planning documentation;
provides assistance in providing the territory for which the territory planning documentation has been approved for the purpose of implementing renovation decisions, with social, transport, and engineering infrastructure facilities;
provides assistance in ensuring the housing rights of owners of residential premises when implementing decisions on renovation in accordance with this Law;
participates in investment activities for the purposes provided for in part five of this article, including attracting Money citizens and legal entities for the construction (creation) of an apartment building on a land plot owned by the foundation, as well as on a land plot transferred to the foundation under a land lease agreement or under an agreement for the gratuitous use of a land plot;
carries out procurement 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 executive body of the city of Moscow residential premises owned by the foundation, including transferring such residential premises free of charge in the form of a donation;
carries out methodological, organizational, expert-analytical, information and legal support for the implementation of decisions on renovation;
organizes the implementation of research, development and technological work in connection with the implementation of the renovation program;
concludes agreements for participation in shared construction, in which the fund acts as a developer, agreements for the purchase and sale of premises in apartment buildings and other real estate objects for the purpose of implementing the renovation program and (or) decisions on renovation, other agreements for the disposal of these premises, as well as concludes other transactions for the disposal of property belonging to the fund;
promotes the creation of production building materials, products, designs 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 goals of activity provided for by this Law.
Financial support for the fund's activities is carried out at the expense of its own funds, funds from the budget of the city of Moscow, as well as from other sources in accordance with the legislation of the Russian Federation.
The Foundation is obliged to annually post an annual report on its activities on the official website of the Foundation on the Internet.
To carry out its activities, the fund has the right to use information related to state secret, subject to compliance with 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 given the right 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 of December 30, 2004 No. 214- 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 on amendments to certain legislative acts of the Russian Federation") 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 fund;
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 lease agreement or under an agreement for the gratuitous use of a land plot.
In the event of failure or improper fulfillment by the fund of its obligations under agreements for participation in shared construction of apartment buildings, the city of Moscow bears subsidiary liability for the obligations of the fund.
In order for the fund 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 building 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 fund's governing bodies are the fund's council and the fund's general director. The Foundation Council is the highest collegial body of the Foundation. The General Director is the sole executive body of the fund.
The board of trustees of the fund is the body of the fund and supervises the activities of the fund, the adoption of decisions by other bodies of the fund and ensuring their execution, the use of the fund’s funds, and the fund’s compliance with the legislation of the Russian Federation. The fund's board of trustees operates on a voluntary basis.
Part board of trustees The fund may include persons holding government positions and persons filling positions in the state civil service.
The total number of members of the fund's board of trustees cannot exceed 11 people.
The personal composition of the fund's board of trustees is determined by a 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 fund’s charter, the fund’s board of trustees reviews for approval the following approved by the fund’s board:
a fund development strategy, including goals, priority areas 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;
an annual report on the activities of the fund and the annual accounting (financial) statements of the fund.
The personal composition of the foundation council is determined by a regulatory legal act of the highest executive body of state power of the city of Moscow. The foundation council may include persons holding government positions and persons holding positions in the state civil service.
If the foundation council includes persons holding government positions and persons holding positions in the state civil service, such persons carry out their activities on a voluntary basis.
Foundation Board:
determines the priority areas of the fund’s activities;
approves the fund's development strategy, including goals, priority areas of the fund's activities, key performance indicators and expected results of the fund's activities, and after approval, sends it to the fund's board of trustees for approval;
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 one selected based on the results of the competition audit organization for the annual mandatory audit conducting 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, sends them for approval to the fund's board of trustees;
makes decisions on the formation of other bodies of the fund and on the early termination of their powers;
makes decisions on the creation of business companies and (or) on the participation of a fund in them for the purposes provided for in part five of Article 7 7 of this Law;
makes decisions on changing the foundation's charter;
approves transactions carried out by the fund in cases provided for by the legislation of the Russian Federation;
exercises other powers provided for by this Law and the charter of the fund and necessary to perform the functions provided for in part 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 and dismissed by the highest executive body of state power of the city of Moscow.
The general director of the fund exercises the following powers:
acts on behalf of the fund and represents its interests without a power of attorney in relations with federal government bodies, government bodies of the constituent entities of the Russian Federation, authorities local government, individuals and legal entities in accordance with the goals of the fund;
organizes the execution of decisions of the fund's board of trustees and the fund's council;
issues orders and instructions on the activities of the fund;
appoints and dismisses fund employees;
distributes responsibilities among his deputies;
organizes the preparation of materials for the exercise by the fund's board of trustees and the fund's council of their powers, and also resolves other issues related to ensuring the activities of the specified bodies of the fund;
makes decisions on issues within the competence of the fund, with the exception of issues within the competence of the fund’s board of trustees and the fund’s council.
Internal financial control The fund is the audit commission of the fund, which carries out its activities in accordance with the regulations approved by the fund council."
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, Art. 4537; 2009, No. 29, Art. 3635; No. 45, Art. 5265; 2011, No. 1, Art. 54; No. 30, Art. 4590; 2013, No. 27, Art. 3477; 2015, No. 29, Art. 4360; 2016, No. 1, Art. 68; No. 15, Art. 2066) add part two as follows:
"In order to carry out urban planning activities in conditions of cramped urban development, federal government bodies in the field of fire safety have the right to establish specific application of certain fire safety requirements or approve separate sets of rules containing fire safety requirements and fire safety rules (with the exception of minimum necessary requirements to ensure the safety of buildings and structures, including their constituent systems and networks of engineering and technical support).
Article 3
Introduce into 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, Article 2711; No. 45, Article 4377; 2005, No. 1, Article 40, 42; 2007, No. 50, Article 6237; 2008, No. 52, Article 6219; 2009, No. 1, Article 14; 2011 , No. 27, Art. 3880; No. 50, Art. 7347; 2015, No. 1, Art. 52; 2016, No. 27, Art. 4248, 4294) the following changes:
1) paragraph 2 of Article 20 shall be supplemented with the following paragraph:
“State registration of a mortgage in relation to residential premises 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 residential premises 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 an application on the basis of an agreement providing for the transfer of ownership rights 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 one that has entered into legal force court decision to compel the conclusion of the specified agreement. The priority of mortgagees in relation to the transferred residential premises in an apartment building is established on the basis of information from the Unified State Register of Real Estate on the state registration of mortgages in relation to 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.";
2) add 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 subject 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 subject of the Russian Federation - a city federal significance 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 of an equivalent residential property is carried out premises or equivalent residential premises are grounds for replacing the subject of collateral under an agreement on the mortgage of residential premises in an apartment building included in the housing renovation program, without the consent of the mortgagee and the mortgagor under this agreement. In this case, 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 in relation to the previous subject of pledge, are applied without changing the rights and obligations of the relevant parties in relation to the new subject of pledge.
2. Replacing the subject of the 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 the basis for revising the obligations of the parties under an agreement on the mortgage of residential premises in an apartment building included in the housing renovation program .
3. The assessment of residential premises specified in paragraph 3 of Article 9 of this Federal Law, which is 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 residential premises in an apartment building included in the renovation program housing stock, and is the subject of a mortgage, is determined on the basis of an agreement between the mortgagor and the mortgagee on the assessment of the provided residential premises, and in its absence - on the basis of the monetary valuation of such residential 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 collateral under a mortgage agreement for residential premises in an apartment building included in the housing renovation program, the object of insurance under the insurance agreement for property pledged under such a mortgage agreement becomes residential premises in an apartment building provided in accordance with the Law Russian Federation dated April 15, 1993 No. 4802-I “On the status of the capital of the Russian Federation.”
5. The mortgagee is obliged to notify the insurer in writing of the replacement of the collateral under the agreement on the mortgage of residential premises in an apartment building included in the housing renovation program. After receiving such notification, the insurer issues to the insured an insurance contract for property pledged under the specified mortgage agreement, the terms of which are identical to the terms of the previous insurance contract (except for the object of insurance), and (or) sends 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 insurance object in which is replaced by residential premises 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 insured signs an insurance contract or insurance policy not required.
6. If the property that is the subject of the pledge is insured in full against the risks of loss and damage, upon the occurrence insured event in relation to residential premises 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”, insurance compensation is paid within the limits of the insured 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 insured amount to the insured value.
7. If the rights of the mortgagee secured by a mortgage agreement for residential premises in an apartment building included in the housing renovation program were certified by a mortgage, when replacing the subject of the mortgage in accordance with this article, the rights registration authority ensures that changes are made to the contents of the mortgage in terms of the change data specified in subparagraphs 8 - 11 of paragraph 1 of Article 14 of this Federal Law, and instead of the monetary valuation of residential premises in an apartment building confirmed by the appraiser's conclusion, which was provided in accordance with the Law of the Russian Federation of April 15, 1993 No. 4802-I "On the status capital of the Russian Federation" and for which a mortgage has been established, the cadastral value of such residential premises may be indicated. Amendments to the records of the Unified State Register of Real Estate are ensured by the registration authority based on the application of the owner of the mortgage to make changes to the records of the Unified State Register of Real Estate with the presentation of the original mortgage. Agreements between the debtor under the obligation secured by the mortgage, the mortgagor and the legal owner of the mortgage on changing the contents of the mortgage are not required.
8. Amendments to the mortgage in accordance with this article are carried out by attaching to it by the registration authority of rights a document containing the changes made to the mortgage and instructions official authority for registration of rights in the text of the mortgage itself, that such a document is an integral part of the mortgage, in accordance with the rules of part two of Article 15 of this Federal Law. The inscription on the mortgage about changes to the contents of the mortgage, indicating the date of their introduction, must be made by an official of the rights registration authority, certified by his signature and sealed with the seal of the rights registration authority. These actions are carried out free of charge."
Article 4
Introduce into the Federal Law of March 30, 1999 No. 52-FZ “On the sanitary and epidemiological welfare of the population” (Collected Legislation of the Russian Federation, 1999, No. 14, Art. 1650; 2003, No. 2, Art. 167; 2004, No. 35, Article 3607; 2005, No. 19, Article 1752; 2006, No. 52, Article 5498; 2007, No. 49, Article 6070; 2008, No. 29, Article 3418; 2009, No. 1, Article 17; 2011 , No. 1, Art. 6; No. 30, Art. 4563, 4590, 4596; 2012, No. 26, Art. 3446; 2013, No. 30, Art. 4079; 2014, No. 26, Art. 3377) the following changes:
1) Article 12 shall be supplemented with paragraph 2 1 as follows:
"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 certain sanitary and epidemiological requirements, the requirements provided for sanitary rules, or 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 their constituent systems and networks of engineering and technical support).";
2) paragraph three of paragraph 2 of Article 38 should be supplemented with the words “including establishing the grounds in the presence of which calculation and assessment of the risk to human health is required”;
3) paragraph three of paragraph 2 of Article 51 shall be supplemented with the words “including methods for calculating and assessing risks to human health.”
Article 5
Introduce into 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 , Art. 4339, 4350; 2016, No. 18, Art. 2495; No. 26, Art. 3890; No. 27, Art. 4269, 4282, 4298, 4306) the following changes:
1) paragraph 2 of Article 39 6 shall be supplemented with subparagraph 36 with the following content:
"36) a land plot that is owned by a subject of the Russian Federation - the federal city of Moscow or the 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 federal city of 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 Residential Development Renovation Fund, created by the constituent entity of the Russian Federation - the federal city of Moscow in accordance with the specified Law, in the event that the construction of apartment buildings is planned 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 the Federal Law of December 30, 2004 No. 214-FZ “On participation in shared construction of apartment buildings and other real estate and on making changes in some legislative acts of the Russian Federation.";
2) paragraph 2 of Article 39 10 shall be supplemented with subparagraph 19 with the following content:
"19) The Moscow Fund for the Renovation of Residential Development, created by a constituent entity of the Russian Federation - the federal city of Moscow in order to implement the decision on the renovation of housing stock in the constituent entity of the Russian Federation - the federal city of Moscow 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 relation to a land plot that is owned by a constituent entity of the Russian Federation - the federal city of Moscow or the state ownership of which is not demarcated, in the event that the construction of apartment buildings and (or) is not planned on such a land plot other real estate objects with the involvement of funds from citizens and legal entities under agreements for participation in shared construction in accordance with 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."
Article 6
Federal Law of October 25, 2001 No. 137-FZ “On the implementation of the Land Code of the Russian Federation” (Collected Legislation of the Russian Federation, 2001, No. 44, Art. 4148; 2003, No. 28, Art. 2875; No. 50, Art. 4846; 2004, No. 41, Art. 3993; 2005, No. 1, Art. 17; No. 25, Art. 2425; 2006, No. 1, Art. 3, 17; No. 17, Art. 1782; No. 27, Art. 2881; No. 52, Art. 5498; 2007, No. 7, Art. 834; No. 31, Art. 4009; No. 43, Art. 5084; No. 46, Art. 5553; No. 48, Art. 5812; No. 49, Art. 6071; 2008, No. 30, Article 3597; 2009, No. 1, Article 19; No. 19, Article 2281, 2283; No. 29, Article 3582; No. 52, Article 6418, 6427; 2010, No. 30 , Art. 3999; 2011, No. 1, Art. 47; No. 13, Art. 1688; No. 29, Art. 4300; No. 30, Art. 4562; No. 49, Art. 7027; No. 51, Art. 7448; 2012 , No. 27, Art. 3587; No. 53, Art. 7614, 7615; 2013, No. 14, Art. 1651; No. 23, Art. 2866, 2881; No. 27, Art. 3477; No. 30, Art. 4072; 2014 , No. 26, Art. 3377; 2015, No. 1, Art. 9, 38, 72; No. 10, Art. 1418; No. 24, Art. 3369; 2016, No. 22, Art. 3097; No. 26, Art. 3890 ; No. 27, Articles 4267, 4287, 4294, 4306) add Article 16 with the following content:
"Article 16. Features of the use of lands or land plots that are owned by a constituent entity of the Russian Federation or for which state ownership is not demarcated, 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 projects, as well as the features of the formation of land plots plots for the purpose of renovation of the housing stock, carried out in accordance with federal law, are established by such federal law."
Article 7
Chapter 1 of the Federal Law of December 27, 2002 No. 184-FZ “On Technical Regulation” (Collection of Legislation of the Russian Federation, 2002, No. 52, Art. 5140; 2007, No. 19, Art. 2293; No. 49, Art. 6070; 2009 , No. 29, Art. 3626; 2010, No. 1, Art. 5, 6; No. 40, Art. 4969; 2011, No. 30, Art. 4603; No. 49, Art. 7025; 2012, No. 50, Art. 6959 ; 2014, No. 26, Art. 3366; 2015, No. 27, Art. 3951; No. 29, Art. 4342; No. 48, Art. 6724; 2016, No. 15, Art. 2066) add Article 5 4 as follows:
"Article 5 4. Features of technical regulation when carrying out urban planning activities in conditions of cramped urban development
1. Features of technical regulation in the preparation of documentation on territory planning, 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 features of technical regulation in the field of ensuring the safety of buildings and structures established by the Federal Law " Technical regulations 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 requirements established by national standards and codes of practice, or to adopt separate national standards and codes of rules (except for cases where these requirements directly affect safety buildings and structures, including their constituent systems and networks of engineering and technical support).
Article 8
Amend the Federal Law of November 11, 2003 No. 152-FZ “On Mortgage securities"(Collected Legislation of the Russian Federation, 2003, No. 46, Art. 4448; 2005, No. 1, Art. 19; 2006, No. 31, Art. 3440; 2010, No. 11, Art. 1171; 2012, No. 53, Art. 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 for an obligation secured by a mortgage, which is part of the mortgage coverage, when replacing the subject of the mortgage in cases established by federal laws, is excluded from the mortgage coverage if the real estate that is the subject of the mortgage is not insured against the risk of loss or damage no later than six months from the date of replacement of the subject of the mortgage.
2 2 . When replacing the subject of a mortgage in cases established by federal law, the value of the real estate that is the subject of a mortgage may be determined on the basis of its cadastral value.";
b) paragraph four of part 4 should be supplemented with the words “except for replacement of the subject of mortgage in cases established by federal law”;
2) paragraph four of part 2 of article 5 should be supplemented with the words “or its cadastral value in the case established by this Federal Law.”
Article 9
Federal Law of December 29, 2004 No. 189-FZ “On the implementation of the Housing Code of the Russian Federation” (Collected Legislation of the Russian Federation, 2005, No. 1, Art. 15; No. 52, Art. 5597; 2006, No. 27, Art. 2881; 2007, No. 1, Art. 14; No. 49, Art. 6071; 2009, No. 19, Art. 2283; 2010, No. 6, Art. 566; No. 32, Art. 4298; 2011, No. 23, Art. 3263; 2012, No. 41, Art. 5524; No. 53, Art. 7596; 2013, No. 8, Art. 722; No. 14, Art. 1651; No. 23, Art. 2866; 2014, No. 26, Art. 3377; No. 30, Art. 4218, 4256; 2015, No. 9, Art. 1194; 2016, No. 9, Art. 1168; No. 27, Art. 4294; 2017, No. 9, Art. 1274) add 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 a program for the renovation of the housing stock, carried out in accordance with federal law, features of ensuring the housing rights of citizens for the purpose of renovation of the housing stock, features of the use of 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 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 of December 29, 2004 No. 191-FZ “On the implementation of the Town Planning Code of the Russian Federation” (Collected Legislation of the Russian Federation, 2005, No. 1, Art. 17; No. 30, Art. 3122; 2006, No. 1, Art. 17; No. 27, Art. 2881; No. 52, Art. 5498; 2007, No. 21, Art. 2455; No. 49, Art. 6071; No. 50, Art. 6237; 2008, No. 20, Art. 2251; No. 30 , Art. 3604; 2009, No. 1, Art. 19; No. 11, Art. 1261; No. 19, Art. 2283; No. 29, Art. 3611; No. 48, Art. 5723; No. 52, Art. 6419, 6427 ; 2010, No. 31, Art. 4209; No. 40, Art. 4969; No. 52, Art. 6993; 2011, No. 13, Art. 1688; No. 30, Art. 4563, 4594; 2012, No. 26, Art. 3446 ; No. 27, Art. 3587; No. 53, Art. 7614, 7615; 2013, No. 14, Art. 1651; No. 23, Art. 2866; No. 30, Art. 4072; No. 52, Art. 6976; 2014, No. 26, Art. 3377; 2015, No. 1, Art. 9, 38, 52, 72; No. 9, Art. 1195; No. 10, Art. 1418; No. 17, Art. 2477; No. 27, Art. 3951; No. 29, Article 4347, 4376; 2016, No. 1, Article 22; No. 26, Article 3890; No. 27, Article 4305, 4306; 2017, No. 1, Article 35) add Article 10 9 with the following content:
"Article 10 9
Features of the implementation of urban planning activities for the purpose of renovation of the housing stock in accordance with federal law are established by such 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, Art. 3287; 2010, No. 25, Art. 3070; 2016, No. 18, Art. 2515; No. 27, Art. 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 and arising in connection with the renovation of the housing stock in the subject of the Russian Federation - the federal city of Moscow, taking into account the features 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
Amend Article 10 of the Federal Law of July 22, 2008 No. 159-FZ "On the specifics of the alienation of real estate that is in state ownership of 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" 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 in part 4 of this article”;
2) add part 4 with the following content:
"4. Relations arising in connection with the alienation from the state property of a constituent entity of the Russian Federation of real estate 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 renovation program provided for by such federal law."
Article 13
Introduce into the Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate” (Collected Legislation of the Russian Federation, 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 as follows:
"8 3) information about the impossibility of transferring residential premises as collateral, rent, encumbering it with other rights, as well as the impossibility of its alienation 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 as follows:
"1 1. In the event of concluding an agreement, a party to which is the 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 residential premises 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 rights registration authority with the attachment of the documents provided for by this Federal Law. The rights registration authority, within seven days from the date of receipt of such an application, carries out state registration of the transfer of ownership of the residential premises specified in such an agreement.";
3) paragraph 4 of Article 25 shall be supplemented with the words “except for the case provided for in 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 of April 15, 1993 No. 4802-I” On the status of the capital of the Russian Federation" (except for the case provided for in part nineteen of Article 7 3 of this Law)";
5) Article 48 is supplemented with part 6 1 as follows:
"6 1. For 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 houses and (or) other real estate, the provision 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 of 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 the 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 vacancy of residential premises in an apartment building included in the renovation program of the housing stock of a constituent entity of the Russian Federation - the federal city of Moscow, and on its transfer into the ownership of a constituent entity of the Russian Federation - the federal city of Moscow, on state registration of the transfer of ownership of an equivalent residential premises or equivalent living space. The rights registration body, no later than three days from the date of state registration of the mortgage in relation to equivalent residential premises or equivalent residential premises, notifies the mortgagee about this in the manner established by the regulatory body.
4 2. When submitting an application to make changes to the records of the Unified State Register of Real Estate by the owner of a mortgage certifying the rights of the mortgagee in relation to residential premises 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 status of the capital of the Russian Federation", the rights registration authority makes changes to the contents of the mortgage in the manner established by the Federal Law of July 16, 1998 No. 102-FZ "On mortgage (mortgage of real estate).";
b) in Part 11 the words “part 4 of Article 60 of this Federal Law” are replaced with the words “this Federal Law”;
c) add part 11 1 with the following content:
"11 1. State registration of termination of a mortgage in relation to residential premises 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 an equivalent residential premises or equivalent residential premises.";
7) Article 57 shall be supplemented with part 3 as follows:
"3. The basis for state registration of the transfer of rights to residential premises 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 the said 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 deed 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 subject of the Russian Federation - a city of federal significance Moscow, do not apply to relations arising as a result of the recognition, in accordance with the procedure established by the Government of the Russian Federation, of an apartment building as unsafe and subject to demolition or reconstruction.
2. Only those apartment buildings can be included in the draft program for the renovation of the housing stock in which a vote on the issue of including an 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 second article 7 1 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).
Article 15
This Federal Law comes into force on the date of its official publication.
President of the Russian Federation V. Putin
The legal nature of airfield territories and sanitary protection zones (SPZ) are similar. At the same time, according to legal logic, it seems that the SPZ referred to in the title of the law should also apply to airfields. However, the mutual coherence of Article 2 with the remaining articles of the Law under consideration, which are devoted to the airfield territories, cannot be traced. Moreover, the legal nature and meaning of establishing a sanitary protection zone for airfields becomes unclear, when all issues are better resolved within the framework of the regime of the airfield area.
But if we consider that this law has a double name, separately about the airfield territory, which concerns only airfields, separately about the sanitary protection zone without regard to airfield issues, then why is this norm hidden between the articles on airfield territories? Why does Article 2 of the law in question change the title of Article 12 of the Federal Law of March 30, 1999 N 52-FZ “On the sanitary and epidemiological welfare of the population” so that it concerns not only urban and rural settlements, but is simply called “sanitary and epidemiological requirements for planning” and development” (previously the article was called “sanitary and epidemiological requirements for the planning and development of urban and rural settlements”)? The legislator is presenting us with more and more surprises in terms of legal technology.
In addition to the changed title, Article 12 acquired a new paragraph in paragraph 2: “The procedure for establishing sanitary protection zones and the use of land plots located within the boundaries of sanitary protection zones is approved by the Government of the Russian Federation.”
Actually, this is a fairly significant point. Is that why they hid it like that?
Although this norm came into force on September 30, 2017, the Procedure itself has not yet been approved by the Government of the Russian Federation. Thus, another gap has now been formed. It is resolved according to the principle - we live as we lived until the corresponding act is adopted. It is good if this principle is reflected in a legal norm - either the entry into force of this norm, which is not supported by a by-law, is postponed, or the next law introduces a norm that until the expected event occurs we live according to the previous legal relations. In this case, we don’t have this yet, and therefore, if you wish, you can live as you lived, if Rospotrebnadzor is of the same opinion, or do nothing, and in case of a claim, argue in court that the current procedure for establishing sanitary protective There are no zones and use of land plots located within the boundaries of sanitary protection zones.
In principle, Rospotrebnadzor itself can stop the process of establishing a sanitary protection zone on the same grounds that now it does not have the authority to do so until the expected order is achieved.
Federal Law of 01.07.2017 N 141-FZ On amendments to the Law of the Russian Federation On the status of the capital of the Russian Federation and certain legislative acts of the Russian Federation regarding the establishment of features of regulation of certain legal relations for the purpose of renovation of the housing stock in the subject of the Russian Federation - the federal city of Moscow
RUSSIAN FEDERATION
THE FEDERAL LAW
ABOUT MAKING CHANGES
IN THE LAW OF THE RUSSIAN FEDERATION "ON THE STATUS OF THE CAPITAL OF THE RUSSIAN
FEDERATION" AND SEPARATE LEGISLATIVE ACTS OF THE RUSSIAN
FEDERATIONS IN PART OF ESTABLISHING FEATURES OF REGULATION
SPECIFIC LEGAL RELATIONS FOR THE PURPOSES OF RENOVATION OF THE HOUSING STOCK
IN THE SUBJECT OF THE RUSSIAN FEDERATION - THE CITY OF FEDERAL
MOSCOW VALUES
State Duma
Federation Council
Introduce into the Law of the Russian Federation of April 15, 1993 N 4802-1 “On the status of the capital of the Russian Federation” (Gazette of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, N 19, Art. 683; Collection of Legislation of the Russian Federation, 1995, N 30, Art. 2863; 2004, N 35, Art. 3607; 2007, N 27, Art. 3213; 2015, N 1, Art. 28) the following changes:
1) Article 2 shall be supplemented with the words “as well as the peculiarities of 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 is declared invalid;
3) in article 4:
a) the name should be supplemented with the words “and also for the purpose of renovation of the housing stock in the city of Moscow”;
b) the first paragraph after the words “Russian Federation” is supplemented with the words “and also for the purpose of renovation of the housing stock in the city of Moscow”;
c) add paragraphs with the following content:
"determine the content of the housing stock renovation program in the city of Moscow (hereinafter also referred to as the renovation program). At the same time, the renovation of the housing stock in the city of Moscow (hereinafter also referred to as renovation) is understood as a set of activities carried out in accordance with the housing stock renovation program in the city of Moscow, aimed to renew the living environment and create favorable living conditions for citizens and public space in order to prevent the growth of the emergency housing stock in the city of Moscow, 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. The order of demolition of these apartment buildings 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 rent (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 designs developed in the period from 1957 to 1968, using standard wall and (or) ceiling products;
approve the housing renovation program in the city of Moscow;
determine, within the limits of their powers, sources of financing for the renovation program, the implementation of which is carried out, among other things, with the involvement of funds from the budget of the city of Moscow;
make, on the basis of the approved renovation program, decisions on the renovation of the housing stock in the city of Moscow (hereinafter referred to as decisions on renovation), 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 time frame for 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;
establish, in order to implement the renovation program, the cases and procedure for the development and approval of a comprehensive scheme of engineering support (electricity, heat supply, gas supply, water supply and sanitation) of the territory, which is a graphic and text description of existing and planned linear objects of engineering infrastructure and other technologically related facilities capital construction projects, including information about the planned location of connection points (technological connection) of capital construction projects to engineering and technical support networks, electrical networks, about the maximum free capacity of existing and planned for the placement of these networks, about their maximum load, approve the form of such diagrams and the composition of the information indicated in it;
establish, in order to implement the decision on renovation, the procedure for determining connection points (technological connection) of capital construction projects to engineering and technical support 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 planning the territory in order to implement the decision on renovation;
establish the procedure and conditions for improving living conditions for the owner of residential premises in an apartment building included in the renovation program, members of his family, the tenant of residential premises, members of his family registered as needing residential premises (including citizens registered before March 1, 2005 for the purpose of subsequent provision of residential premises to them 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 specified in this paragraph;
4) in article 7:
a) in the title, replace the words “long-term development planning” with the words “territorial planning”;
b) in part one, the words “development” and the words “developed by the administration of the city of Moscow” are deleted, the words “Council of People’s Deputies of the City of Moscow” are replaced with the words “legislative (representative) body of state power of the city of Moscow”;
c) in part two, replace the words “long-term development planning” with the words “territorial planning”;
5) add articles 7.1 - 7.8 with the following content:
"Article 7.1. Identification and consideration of the opinions of premises owners and tenants of residential premises when forming and implementing a renovation program. Information on renovation issues
The forms and procedure for identifying and taking into account the opinions of premises owners and tenants of residential premises when forming and implementing a renovation program, including by holding a general meeting of premises owners 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 can only include an apartment building from the first period of industrial housing construction, an apartment building similar to it in terms of the characteristics of its structural elements, in which the owners of residential premises and tenants of residential premises of at least two-thirds of the residential premises voted for the inclusion of the corresponding apartment building in the draft renovation program. The voting procedure when forming a renovation program, including the procedure for recording votes of owners and (or) tenants of one residential premises, as well as counting votes in such an apartment building, is established by a regulatory legal act of the city of Moscow. In this case, the results of voting on residential premises (except for voting at general meetings of owners of residential premises) in the event that none of the owners and (or) tenants in the residential premises took part in the vote, 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 (before the day of concluding the first social tenancy agreement in relation to 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 before the day of concluding the first contract , providing in accordance with Article 7.3 of this Law the transfer of ownership of residential premises 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 referred to as payment of equivalent compensation in cash), but not less than ninety days from the date of the decision on renovation) in the manner established by the Housing Code of the Russian Federation, a general meeting of owners of premises in an apartment building may be held on the issue of making a decision to exclude this apartment building from project renovation program, renovation program. To make this decision, more than one-third of the votes of all owners of premises in this apartment building are required. If this decision is made, the apartment building is subject to exclusion from the draft renovation program, renovation program. The first social tenancy agreement for residential premises in relation to equivalent residential premises, the first agreement providing for, in accordance with Article 7.3 of this Law, the transfer of ownership of residential premises in an apartment building included in the renovation program, including by payment of equivalent compensation in cash, may be concluded no earlier than 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 powers to represent the interests of the city of Moscow as the owner of residential premises in an apartment building are vested in the tenants of such residential premises in the specified apartment building home. The authority of the tenant of residential premises to participate in the general meeting of owners of premises in an apartment building is confirmed by the presentation of a social tenancy agreement for residential premises or another document confirming his residence in this residential premises on the terms of social tenancy of residential premises.
Information on the implementation of renovation is carried out by publishing relevant information in 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 government of the city of Moscow, other website determined by the specified government body in the information and telecommunications network "Internet", as well as in other ways 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 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 on the Internet information and telecommunications network determined by the specified government authority.
Article 7.2. Peculiarities of 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 for the purpose of implementing renovation decisions is provided with utilities, transport, and social infrastructure in accordance with territorial planning documents, urban planning standards and other requirements determined by the legislation on urban planning.
To implement decisions on renovation, territory planning documentation can be approved both in relation to the territory within the boundaries of which, in accordance with the land use and development rules of the city of Moscow (hereinafter referred to as the land use and development rules), 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 comprehensive and sustainable development is not provided.
To implement renovation decisions, preparation of territory planning documentation is carried out without taking into account previously approved territory planning documentation. From the date of approval of new territory planning documentation, previously approved territory planning documentation is considered invalid.
The composition and content of territory planning documentation is determined by the Town Planning Code of the Russian Federation, taking into account the features provided for in this article. To implement the decision on renovation, 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 documentation on the planning of the territory in order to implement the decision on renovation in relation to the territory, within the boundaries of which activities for its comprehensive and sustainable development are not envisaged, the draft territory planning may not contain information, documents, materials, the need to include which is provided for in the case of preparation a project for planning a territory subject to integrated and sustainable development in accordance with the Town Planning Code of the Russian Federation.
In the event that the territory planning documentation prepared for the implementation of the decision on renovation provides for the placement of capital construction objects, 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 objects and (or) the maximum parameters of the permitted construction, reconstruction of capital objects 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 to be located 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 on the planning of the territory, changes are prepared introduced into 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 to prepare a project to amend the rules of land use and development is not required. At the same time, changes made to the land use and development rules and territory planning documentation are approved simultaneously.
If, in order to implement decisions on renovation, a land plot is formed from land plots that are owned by the city of Moscow or the state ownership of which is not demarcated, and (or) from land plots occupied by apartment buildings included in decisions on renovation, and its boundaries do not intersect with the boundaries of land plots registered with the state cadastral register and being in federal or private ownership, until such a land plot is formed in accordance with land legislation on the basis of approved land use and development rules, a draft territory planning and a layout diagram of a land plot or land plots on the cadastral plan of the territory, it is allowed to issue a town 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 a capital construction project, conduct a state examination of design documentation and (or) the results of engineering surveys, issue permits for the construction of a capital construction project, construction, reconstruction of a capital construction project. In this case, provision of title documents for the land plot is not required to issue a permit for the construction of a capital construction project. The application for a building permit is accompanied by an approved diagram of the location of the land plot or land plots on the cadastral plan of the territory.
The estimated cost of construction of capital construction projects, 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 design documentation for a capital construction project, the construction or reconstruction of which is carried out in order to implement the decision on renovation, for the state examination of the design documentation and until the issuance of a permit for the construction of the specified facility, it is allowed to carry out 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 for which state ownership is not demarcated, 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 features provided for in this part. In order to implement decisions on renovation, along with the cases provided for by the Land Code of the Russian Federation, permission to use the specified lands or land plots without providing land plots and establishing an easement can be issued for the placement of linear engineering infrastructure facilities and other technologically related capital construction projects. The list of these objects, the placement of which is carried out on the basis of the permission for the use of the specified lands or land plots provided for in this part, and the procedure for issuing such permission are determined by the regulatory legal act of the city of Moscow. The permit for the use of land or land plots provided for by this part allows the person to whom such a permit was issued to carry out construction, reconstruction, major repairs and operation of these facilities in accordance with the legislation on urban planning activities. In this case, in order to obtain a construction permit, permission to put the specified objects into operation, for state cadastral registration, state registration of ownership of the specified objects, the permission for the use of land or land plots provided for in this part is provided. In this case, 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 ownership rights 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 the 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 apartment buildings included in the renovation program
Owners of residential premises in apartment buildings included in the renovation program (hereinafter referred to as the owners of residential premises) and tenants of residential premises in apartment buildings included in the renovation program, in order to ensure their housing rights, are provided with equivalent residential premises in place of the specified residential premises.
In this Law, equivalent residential premises means residential premises that simultaneously meet the following requirements:
the living area and number of rooms in such residential premises is not less than the living area and number of rooms in the vacated residential premises, and the total area of such residential premises exceeds the total area of the vacated residential premises;
such residential premises meet the standards of improvement established by the legislation of the city of Moscow, and also have improved finishing 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, which is located in the same district of the city of Moscow in which the apartment building included in the renovation program is located (the boundaries of the specified area are determined as of January 1, 2017), except for the case if the apartment building located in the Zelenogradsky, Troitsky or Novomoskovsky administrative districts 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 residential premises, on the basis of a written application, instead of an equivalent residential premises being provided for ownership, has the right to receive equivalent compensation for the vacated residential premises in cash or by providing equivalent residential premises. The owner of a residential premises in respect of which restrictions on rights or encumbrances have been registered in accordance with the established procedure has no right to demand payment of equivalent compensation in cash. The cost of the provided residential premises of equal value cannot be lower than the cost of the vacated residential premises, determined according to 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 the owner of the residential premises receives a draft agreement concluded in accordance with part four of this article, providing for the transfer of ownership of the residential premises with the condition of providing equivalent residential premises .
The 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 ownership of residential premises).
An agreement providing for the transfer of ownership of residential premises with the condition of providing equivalent residential premises must be concluded by the owner of the residential premises in an apartment building included in the renovation program, without fail, in accordance with civil law, except for the case provided for in part six of this article. The rules of civil legislation on barter are applied 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 in part three of this article within the period specified in this part, the authorized executive body of the city of Moscow enters into 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 money. form or by providing equivalent residential premises on the right of ownership. In this case, an agreement providing for the transfer of ownership of residential premises with the condition of providing equivalent compensation in cash or by providing equivalent residential premises is subject to mandatory conclusion by this owner of the residential premises in accordance with civil law.
To an agreement providing for the transfer of ownership of residential premises with the condition of providing equivalent compensation in cash, the rules of civil legislation on purchase and sale are applied, taking into account the specifics provided for by this Law.
To an agreement providing for the transfer of ownership of residential premises with the condition of providing 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 residential premises must contain:
information about the parties to the agreement;
information about residential premises in an apartment building included in the renovation program;
information about an equivalent residential premises (indicating the cadastral number of such residential premises) or in cases established by part three of this article, information about an 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 equivalent compensation in cash;
details of the decision on renovation;
the obligation of the authorized executive body of the city of Moscow, within the time period established by the contract, to transfer equivalent residential premises to the owner of the residential premises or, in cases established by this Law, to transfer equivalent residential premises or pay equivalent compensation in cash, as well as the obligation of the specified owner of the residential premises to accept correspondingly equivalent residential premises , equivalent residential premises, equivalent compensation in cash;
the obligation of the owner of the residential premises to transfer the residential premises belonging to him to the authorized executive body of the city of Moscow within the time period established by the contract, as well as the obligation of the authorized executive body of the city of Moscow to accept such residential premises;
the deadline for fulfilling the obligations specified in paragraphs six and seven of this part;
a list of persons who have the right to use residential premises in an apartment building included in the renovation program, and who acquire the corresponding 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 equivalent residential premises or equivalent residential premises in accordance with this Law. At the same time, the provision of a room in a communal apartment or part of a residential premises constituting a share in the common ownership right to a separate apartment is not allowed. If a vacated room in a communal apartment in an apartment building included in the renovation program is in common shared or common joint ownership of citizens, such citizens are provided with separate apartments on the right of common shared or common joint ownership in the manner established by part twenty-one of this article .
The tenant of a residential premises and members of his family living with him, in exchange for the residential premises vacated by them, are provided with equivalent residential premises under a social tenancy agreement, and if they have a written application, equivalent residential premises are provided to them by right of ownership on the basis of an agreement for the transfer of residential premises into ownership.
Citizens in need of residential premises provided under social tenancy agreements (including citizens registered before March 1, 2005 for the purpose of subsequent provision of residential premises under social tenancy agreements), and who own or use under social tenancy 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 on 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 equivalent residential premises or equivalent compensation in cash or by providing equivalent residential premises. These citizens retain the right to be registered as those in need of residential premises provided under social tenancy 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 registration.
If an agreement providing for the transfer of ownership of residential premises and subject to mandatory conclusion in accordance with this article was not concluded within ninety days from the date the owner of the residential premises received a draft agreement providing for the transfer of ownership of residential premises, registered by letter with notification of receipt, the authorized executive body of the city of Moscow has the right to apply to the court with a demand simultaneously to compel the specified owner of the residential premises to conclude an agreement providing for the transfer of ownership of the residential premises, to vacate the residential premises in an apartment building included in the renovation program, and on its transfer into 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 equivalent residential premises provided, 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 residential premises or the amount of equivalent compensation in cash.
Owners of residential premises are exempt from paying contributions for major repairs of common property in an apartment building included in the renovation program from the date of its approval. At the same time, contributions previously made by the indicated owners of residential premises for major repairs of common property in an apartment building are used for the purpose of implementing this program.
If the owners of residential premises, as a way of forming a capital repair fund for 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 the city of Moscow to a special account to the city of Moscow in the manner established 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 is not an obstacle to the 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 decisions provided for in this article. In this case, simultaneously with the state registration of the transfer of ownership of the provided residential premises, state registration of restrictions or encumbrances of rights in relation to the specified provided residential premises is carried out.
If, in relation to real estate in an apartment building included in the renovation program, a judicial act or an act of an authorized body is adopted on the seizure of real estate, or on a ban on performing certain actions with real estate, or on the election of a pledge in the form of a preventive measure. In accordance with the criminal procedural legislation of the Russian Federation, the conclusion of an agreement providing for the transfer of ownership of residential premises is the basis for the transfer of the specified restrictions or encumbrances of rights to the provided residential premises.
The right of ownership of the owner of residential premises or, in the case provided for in part eleven of this article, the tenant of residential premises to residential premises in a commissioned apartment building, granted on the basis of an agreement providing for the transfer of ownership of residential premises, or on the basis of an agreement for the transfer of ownership of residential premises , can be registered without prior registration of ownership of the city of Moscow for such residential premises, while simultaneously meeting 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 for which state ownership is not demarcated (including on a land plot provided in accordance with land legislation to the Moscow Residential Renovation Fund for rent or for free use );
such construction, in order to carry out the activities 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 Residential Development Renovation Fund.
In the event of the death of the owner of a residential premises, an agreement providing for the transfer of ownership of the residential premises is concluded in notarial form in the interests of the heirs of the specified person by a 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 residential premises established by this Law, including the rights associated with voting, concluding an agreement providing for the transfer of ownership of residential premises, and submitting an application for the provision of equivalent compensation in cash or by providing 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 certificate of inheritance is issued to the city of Moscow as the owner of the residential premises provided under an agreement providing for the transfer of ownership of the residential premises, the city is indicated in the Unified State Register of Real Estate Moscow and at the same time information is entered into it about the impossibility of transferring residential premises as collateral, rent, the impossibility of encumbering it with other rights, as well as the impossibility of its alienation. The body carrying out 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 residential premises at the request of the notary who issued a certificate of inheritance rights to residential premises that belonged to the deceased owner of residential premises, which was filed on based on such evidence.
Persons who have the right to use residential premises in an apartment building included in the renovation program lose such right after concluding an agreement providing for the transfer of ownership of residential premises, and acquire, under the same conditions, the right to use 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 a common ownership right to 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 (if such residential premises were in common shared ownership), or the emergence of the right of common joint ownership of the provided residential premises (if such residential premises in the apartment building included in the renovation program were located in common joint ownership).
If minors, incompetent or partially capable citizens live in residential premises in an apartment building included in the renovation program, providing the owners of such residential premises with equivalent compensation in cash is not permitted.
The provision of equivalent residential premises or equivalent residential premises to owners of residential premises and tenants of residential premises is carried out without charging additional payment.
Owners of residential premises and tenants of residential premises in apartment buildings included in the renovation program, who are provided with ownership of 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 a greater number of rooms than those provided to them equivalent residential premises, in the manner established by the regulatory legal act of the city of Moscow, including at the expense of maternal (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 apartment buildings included in the renovation decision
Non-residential premises in apartment buildings included in the decision on renovation, which are not related to the common property in such apartment buildings, are subject to seizure 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 upon termination of the right to lease non-residential premises owned by the city of Moscow in apartment buildings included in the renovation decision
In the event 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, the 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 N 135-FZ “On the 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 until its expiration, without bidding and maintaining 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 a previously concluded lease agreement for non-residential premises has expired, but the specified 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 of inclusion of this apartment building in the renovation program, a pre-emptive right to purchase this rented non-residential premises in accordance with Article 3 of the Federal Law of July 22, 2008 N 159-FZ "On the specifics of the alienation of real estate that is state-owned by constituent entities of the Russian Federation or municipally owned and leased by small and medium-sized businesses, and on amendments to certain legislative acts of the Russian Federation", the specified preferential right is retained in relation to 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. The procedure for decommissioning an apartment building included in the renovation decision
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 determined 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, owners of residential premises and tenants of residential premises cannot be evicted from residential premises in an apartment building included in the decision on renovation until the date of transfer to them of new residential premises that meet the requirements of this Law, or provision 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 measures for the demolition of an apartment building that has been decommissioned, prepared, inter alia, to ensure compliance with safety requirements when carrying out 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 renovation decision, it is disconnected from the engineering and technical support networks and electrical networks. The use of residential and non-residential premises in such an apartment building is not permitted.
The existence of an apartment building included in the renovation decision ceases if it is demolished. A decision to demolish such an apartment building is not required.
Article 7.7. Moscow Residential Development Renovation Fund, goals of its activities, tasks and functions
The Moscow Residential Development Renovation Fund (hereinafter referred to as the fund) is a unitary non-profit organization created in accordance with the regulatory legal act of the city of Moscow in the organizational and legal form of a fund. The foundation has a seal depicting the coat of arms of the city of Moscow and its full name.
The status, goals of activity, functions of the fund, the procedure for forming the governing bodies of the fund are determined by the Civil Code of the Russian Federation, Federal Law of January 12, 1996 N 7-FZ “On Non-Profit Organizations” (hereinafter referred to as the Federal Law “On Non-Profit Organizations”), other regulatory legal acts of the Russian Federation regulating the activities of non-profit organizations, taking into account the specifics established by this Law.
To carry out transactions 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 on the territory of the Russian Federation in the manner established by the legislation of the Russian Federation.
The fund is not subject to the provisions of paragraphs 3, 5, 7, 10 and 14 of Article 32 of the Federal Law "On Non-Profit Organizations", as well as the provisions of paragraph 1 of Article 7 of the Federal Law "On Non-Profit Organizations" and paragraph 1 of Article 123.18 of the Civil Code of the Russian Federation in terms of holding the founders of the fund liable for the obligations of the fund in the event of failure to fulfill or improper fulfillment of their obligations under agreements 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 the emergency housing stock in the city of Moscow, to ensure the development of residential areas and their improvement.
To achieve the goals provided for in part five of this article, the fund performs the following functions:
ensures, within the framework of its powers, the implementation of measures provided for by the renovation program and decisions on renovation;
provides assistance in the demolition of apartment buildings included in renovation decisions;
provides assistance in carrying out engineering surveys, preparing design documentation, construction, reconstruction, major repairs of capital construction projects, restoration of cultural heritage sites in order to implement decisions on renovation, as well as in carrying out construction control during the construction and reconstruction of these objects;
assists in the preparation of territory planning documentation;
provides assistance in providing the territory for which the territory planning documentation has been approved for the purpose of implementing renovation decisions, with social, transport, and engineering infrastructure facilities;
provides assistance in ensuring the housing rights of owners of residential premises when implementing 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 foundation, as well as on a land plot transferred to the foundation under a land lease agreement or an agreement for the free use of a land plot;
carries out procurement in accordance with the Federal Law of July 18, 2011 N 223-FZ “On the procurement of goods, works, services by certain types of legal entities”;
transfers to the city of Moscow, the authorized executive body of the city of Moscow residential premises owned by the foundation, including transferring such residential premises free of charge in the form of a donation;
carries out methodological, organizational, expert-analytical, information and legal support for the implementation of decisions on renovation;
organizes the implementation of research, development and technological work in connection with the implementation of the renovation program;
concludes agreements for participation in shared construction, in which the fund acts as a developer, agreements for the purchase and sale of premises in apartment buildings and other real estate objects for the purpose of implementing the renovation program and (or) decisions on renovation, other agreements for the disposal of these premises, as well as concludes other transactions for the disposal of property belonging to the fund;
promotes the creation of 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 goals of activity provided for by this Law.
Financial support for the fund's activities is carried out at the expense of its own funds, funds from the budget of the city of Moscow, as well as from other sources in accordance with the legislation of the Russian Federation.
The Foundation is obliged to annually post an annual report on its activities on the official website of the Foundation on the Internet.
To carry out its activities, the foundation has the right to use information classified as state secret, subject to compliance with 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 given the right 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 of December 30, 2004 N 214- 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 on amendments to certain legislative acts of the Russian Federation") 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" in relation to activities funds do not apply;
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 lease agreement or under an agreement for the gratuitous use of a land plot.
In the event of failure or improper fulfillment by the fund of its obligations under agreements for participation in shared construction of apartment buildings, the city of Moscow bears subsidiary liability for the obligations of the fund.
In order for the fund to perform the functions provided for by this article, in the case specified in part six of Article 7.2 of this Law, the preparation, registration and issuance of an urban planning plan for a land plot before its formation, the issuance of a building 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 fund's governing bodies are the fund's council and the fund's general director. The Foundation Council is the highest collegial body of the Foundation. The General Director is the sole executive body of the fund.
The board of trustees of the fund is the body of the fund and supervises the activities of the fund, the adoption of decisions by other bodies of the fund and ensuring their execution, the use of the fund’s funds, and the fund’s compliance with the legislation of the Russian Federation. The fund's board of trustees operates on a voluntary basis.
The fund's board of trustees may include persons holding government positions and persons holding positions in the state civil service.
The total number of members of the fund's board of trustees cannot exceed 11 people.
The personal composition of the fund's board of trustees is determined by a 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 fund’s charter, the fund’s board of trustees reviews for approval the following approved by the fund’s board:
the fund's development strategy, including 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;
an annual report on the activities of the fund and the annual accounting (financial) statements of the fund.
The personal composition of the foundation council is determined by a regulatory legal act of the highest executive body of state power of the city of Moscow. The foundation council may include persons holding government positions and persons holding positions in the state civil service.
If the foundation council includes persons holding government positions and persons holding positions in the state civil service, such persons carry out their activities on a voluntary basis.
Foundation Board:
determines the priority areas of the fund’s activities;
approves the fund's development strategy, including goals, priority areas of the fund's activities, key performance indicators and expected results of the fund's activities, and after approval, sends it to the fund's board of trustees for approval;
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 to conduct an 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, sends them for approval to the fund's board of trustees;
makes decisions on the formation of other bodies of the fund and on the early termination of their powers;
makes decisions on the creation of business companies and (or) on the participation of a fund in them for the purposes provided for in part five of Article 7.7 of this Law;
makes decisions on changing the foundation's charter;
approves transactions carried out by the fund in cases provided for by the legislation of the Russian Federation;
exercises other powers provided for by this Law and the charter of the fund and necessary to perform the functions provided for in part 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 and dismissed by the highest executive body of state power of the city of Moscow.
The general director of the fund exercises the following powers:
acts on behalf of the fund and represents its interests without a power of attorney in relations with federal government bodies, government bodies of constituent entities of the Russian Federation, local government bodies, individuals and legal entities in accordance with the goals of the fund’s activities;
organizes the execution of decisions of the fund's board of trustees and the fund's council;
issues orders and instructions on the activities of the fund;
appoints and dismisses fund employees;
distributes responsibilities among his deputies;
organizes the preparation of materials for the exercise by the fund's board of trustees and the fund's council of their powers, and also resolves other issues related to ensuring the activities of the specified bodies of the fund;
makes decisions on issues within the competence of the fund, with the exception of issues within the competence of the fund’s board of trustees and the fund’s council.
The fund's internal financial control body is the fund's audit commission, which carries out its activities in accordance with the regulations approved by the fund's council."
Article 16 of the Federal Law of December 21, 1994 N 69-FZ “On Fire Safety” (Collected Legislation of the Russian Federation, 1994, N 35, Art. 3649; 2003, N 2, Art. 167; 2004, N 35, Art. 3607 ; 2006, N 44, Art. 4537; 2009, N 29, Art. 3635; N 45, Art. 5265; 2011, N 1, Art. 54; N 30, Art. 4590; 2013, N 27, Art. 3477 ; 2015, N 29, Art. 4360; 2016, N 1, Art. 68; N 15, Art. 2066) to be supplemented with part two as follows:
"In order to carry out urban planning activities in conditions of cramped urban development, federal government bodies in the field of fire safety have the right to establish specific 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 support networks).
Introduce into the Federal Law of July 16, 1998 N 102-FZ “On Mortgage (Pledge of Real Estate)” (Collection of Legislation of the Russian Federation, 1998, N 29, Art. 3400; 2002, N 7, Art. 629; 2004, N 27, Art. 2711; N 45, Art. 4377; 2005, N 1, Art. 40, 42; 2007, N 50, Art. 6237; 2008, N 52, Art. 6219; 2009, N 1, Art. 14; 2011 , N 27, Art. 3880; N 50, Art. 7347; 2015, N 1, Art. 52; 2016, N 27, Art. 4248, 4294) the following changes:
1) paragraph 2 of Article 20 shall be supplemented with the following paragraph:
“State registration of a mortgage in relation to residential premises in an apartment building, provided in accordance with the Law of the Russian Federation of April 15, 1993 N 4802-1 “On the status of the capital of the Russian Federation” to the owner of a residential premises 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 an application on the basis of an agreement providing for the transfer of ownership rights and concluded in accordance with the Law of the Russian Federation of April 15, 1993 N 4802-1 “On the status of the capital of the Russian Federation”, or on the basis of one that has entered into legal force court decision to compel the conclusion of the specified agreement. The priority of mortgagees in relation to the transferred residential premises in an apartment building is established on the basis of information from the Unified State Register of Real Estate on the state registration of mortgages in relation to 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.";
2) add 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 subject of the Russian Federation - the federal city of Moscow
1. Conclusion in accordance with the Law of the Russian Federation of April 15, 1993 N 4802-1 “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 subject of the Russian Federation - a city federal significance 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 of an equivalent residential property is carried out premises or equivalent residential premises are grounds for replacing the subject of collateral under an agreement on the mortgage of residential premises in an apartment building included in the housing renovation program, without the consent of the mortgagee and the mortgagor under this agreement. In this case, 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 in relation to the previous subject of pledge, are applied without changing the rights and obligations of the relevant parties in relation to the new subject of pledge.
2. Replacing the subject of the mortgage in accordance with the Law of the Russian Federation of April 15, 1993 N 4802-1 “On the status of the capital of the Russian Federation” is not the basis for revising the obligations of the parties under an agreement on the mortgage of residential premises in an apartment building included in the housing renovation program .
3. The assessment of residential premises specified in paragraph 3 of Article 9 of this Federal Law, which is provided in accordance with the Law of the Russian Federation of April 15, 1993 N 4802-1 “On the status of the capital of the Russian Federation” to the owner of residential premises in an apartment building included in the renovation program housing stock, and is the subject of a mortgage, is determined on the basis of an agreement between the mortgagor and the mortgagee on the assessment of the provided residential premises, and in its absence - on the basis of the monetary valuation of such residential 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 collateral under a mortgage agreement for residential premises in an apartment building included in the housing renovation program, the object of insurance under the insurance agreement for property pledged under such a mortgage agreement becomes residential premises in an apartment building provided in accordance with the Law Russian Federation dated April 15, 1993 N 4802-1 “On the status of the capital of the Russian Federation.”
5. The mortgagee is obliged to notify the insurer in writing of the replacement of the collateral under the agreement on the mortgage of residential premises in an apartment building included in the housing renovation program. After receiving such notification, the insurer issues to the insured an insurance contract for property pledged under the specified mortgage agreement, the terms of which are identical to the terms of the previous insurance contract (except for the object of insurance), and (or) sends to the address of the residential premises provided in accordance with the Law of the Russian Federation dated April 15, 1993 N 4802-1 "On the status of the capital of the Russian Federation", an insurance policy that is signed by the insurer and the insurance object in which is replaced by residential premises in an apartment building, provided in accordance with the Law of the Russian Federation of April 15, 1993 N 4802- 1 "On the status of the capital of the Russian Federation." In this case, the insured does not need to sign an insurance contract or insurance policy.
6. If the property that is the subject of the pledge is insured in full 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 of April 15, 1993 N 4802-1 "On the status of the capital of the Russian Federation", insurance compensation is paid within the limits of the insured amount determined under the insurance contract for residential premises in an apartment building included in the housing stock renovation program, without taking into account the ratio of the insured amount to the insured value.
7. If the rights of the mortgagee secured by a mortgage agreement for residential premises in an apartment building included in the housing renovation program were certified by a mortgage, when replacing the subject of the mortgage in accordance with this article, the rights registration authority ensures that changes are made to the contents of the mortgage in terms of the change data specified in subparagraphs 8 - 11 of paragraph 1 of Article 14 of this Federal Law, while instead of the monetary valuation of residential premises in an apartment building confirmed by the appraiser's conclusion, which was provided in accordance with the Law of the Russian Federation of April 15, 1993 N 4802-1 "On the status capital of the Russian Federation" and for which a mortgage has been established, the cadastral value of such residential premises may be indicated. Amendments to the records of the Unified State Register of Real Estate are ensured by the registration authority based on the application of the owner of the mortgage to make changes to the records of the Unified State Register of Real Estate with the presentation of the original mortgage. Agreements between the debtor under the obligation secured by the mortgage, the mortgagor and the legal owner of the mortgage on changing the contents of the mortgage are not required.
8. Amendments to the mortgage in accordance with this article are carried out by attaching to it by the rights registration body a document containing changes made to the mortgage, and by an official of the rights registration body indicating in the text of the mortgage itself that such a document is an integral part of the mortgage, in in accordance with the rules of part two of Article 15 of this Federal Law. The inscription on the mortgage about changes to the contents of the mortgage, indicating the date of their introduction, must be made by an official of the rights registration authority, certified by his signature and sealed with the seal of the rights registration authority. These actions are carried out free of charge."
Introduce into the Federal Law of March 30, 1999 N 52-FZ “On the sanitary and epidemiological welfare of the population” (Collected Legislation of the Russian Federation, 1999, N 14, Art. 1650; 2003, N 2, Art. 167; 2004, N 35, Article 3607; 2005, No. 19, Article 1752; 2006, No. 52, Article 5498; 2007, No. 49, Article 6070; 2008, No. 29, Article 3418; 2009, No. 1, Article 17; 2011 , N 1, Art. 6; N 30, Art. 4563, 4590, 4596; 2012, N 26, Art. 3446; 2013, N 30, Art. 4079; 2014, N 26, Art. 3377) the following changes:
1) Article 12 shall be supplemented with paragraph 2.1 as follows:
"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, 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 their constituent systems and networks of engineering support).";
2) paragraph three of paragraph 2 of Article 38 should be supplemented with the words “including establishing the grounds in the presence of which calculation and assessment of the risk to human health is required”;
3) paragraph three of paragraph 2 of Article 51 shall be supplemented with the words “including methods for calculating and assessing risks to human health.”
Introduce into the Land Code of the Russian Federation (Collected Legislation of the Russian Federation, 2001, N 44, Art. 4147; 2014, N 26, Art. 3377; N 30, Art. 4218, 4225; 2015, N 10, Art. 1418; N 29 , Art. 4339, 4350; 2016, N 18, Art. 2495; N 26, Art. 3890; N 27, Art. 4269, 4282, 4298, 4306) the following changes:
1) paragraph 2 of Article 39.6 shall be supplemented with subparagraph 36 with the following content:
"36) a land plot that is owned by a subject of the Russian Federation - the federal city of Moscow or the 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 federal city of Moscow in accordance with the Law of the Russian Federation dated April 15, 1993 N 4802-1 “On the status of the capital of the Russian Federation”, to the Moscow Residential Development Renovation Fund, created by the subject of the Russian Federation - the federal city of Moscow in accordance with the specified Law, in the event that the construction of apartment buildings is planned 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 of December 30, 2004 N 214-FZ "On participation in shared construction of apartment buildings and other real estate and on making changes in some legislative acts of the Russian Federation.";
2) paragraph 2 of Article 39.10 shall be supplemented with subparagraph 19 with the following content:
"19) the Moscow Fund for the Renovation of Residential Development, created by a constituent entity of the Russian Federation - the federal city of Moscow in order to implement the decision on the renovation of housing stock in the constituent entity of the Russian Federation - the federal city of Moscow in accordance with the Law of the Russian Federation of April 15, 1993 N 4802-1 “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 federal city of Moscow or the state ownership of which is not demarcated, in the event that the construction of apartment buildings and (or) is not planned on such a land plot other real estate objects with the involvement of funds from citizens and legal entities under agreements for participation in shared construction in accordance with the Federal Law of December 30, 2004 N 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."
Federal Law of October 25, 2001 N 137-FZ “On the implementation of the Land Code of the Russian Federation” (Collected Legislation of the Russian Federation, 2001, N 44, Art. 4148; 2003, N 28, Art. 2875; N 50, Art. 4846; 2004, N 41, Art. 3993; 2005, N 1, Art. 17; N 25, Art. 2425; 2006, N 1, Art. 3, 17; N 17, Art. 1782; N 27, Art. 2881; N 52, Art. 5498; 2007, N 7, Art. 834; N 31, Art. 4009; N 43, Art. 5084; N 46, Art. 5553; N 48, Art. 5812; N 49, Art. 6071; 2008, N 30, article 3597; 2009, N 1, article 19; N 19, article 2281, 2283; N 29, article 3582; N 52, article 6418, 6427; 2010, N 30 , Art. 3999; 2011, N 1, Art. 47; N 13, Art. 1688; N 29, Art. 4300; N 30, Art. 4562; N 49, Art. 7027; N 51, Art. 7448; 2012 , N 27, Art. 3587; N 53, Art. 7614, 7615; 2013, N 14, Art. 1651; N 23, Art. 2866, 2881; N 27, Art. 3477; N 30, Art. 4072; 2014 , N 26, Art. 3377; 2015, N 1, Art. 9, 38, 72; N 10, Art. 1418; N 24, Art. 3369; 2016, N 22, Art. 3097; N 26, Art. 3890 ; N 27, Articles 4267, 4287, 4294, 4306) add Article 16 with the following content:
"Article 16. Features of the use of lands or land plots that are owned by a constituent entity of the Russian Federation or for which state ownership 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 projects, and Also, the specifics of the formation of land plots for the purpose of renovation of the housing stock, carried out in accordance with federal law, are established by such federal law."
Chapter 1 of the Federal Law of December 27, 2002 N 184-FZ “On Technical Regulation” (Collection of Legislation of the Russian Federation, 2002, N 52, Art. 5140; 2007, N 19, Art. 2293; N 49, Art. 6070; 2009 , N 29, Art. 3626; 2010, N 1, Art. 5, 6; N 40, Art. 4969; 2011, N 30, Art. 4603; N 49, Art. 7025; 2012, N 50, Art. 6959 ; 2014, N 26, Art. 3366; 2015, N 27, Art. 3951; N 29, Art. 4342; N 48, Art. 6724; 2016, N 15, Art. 2066) add Article 5.4 with the following content:
"Article 5.4. Features of technical regulation when carrying out urban planning activities in conditions of cramped urban development
1. Features of technical regulation in the preparation of documentation on territory planning, 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 features of technical regulation in the field of ensuring the safety of buildings and structures established by the Federal Law " Technical regulations 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 requirements established by national standards and codes of practice, or to adopt separate national standards and codes of rules (except for cases where these requirements directly affect safety buildings and structures, including their constituent systems and networks of engineering and technical support).
Introduce into the Federal Law of November 11, 2003 N 152-FZ “On Mortgage Securities” (Collected Legislation of the Russian Federation, 2003, N 46, Art. 4448; 2005, N 1, Art. 19; 2006, N 31, Art. 3440; 2010, N 11, Art. 1171; 2012, N 53, Art. 7606; 2013, N 30, Art. 4084; 2016, N 27, Art. 4294) the following changes:
1) in article 3:
a) add parts 2.1 and 2.2 as follows:
"2.1. The claim for an obligation secured by a mortgage, which is part of the mortgage coverage, when replacing the subject of the mortgage in cases established by federal laws, is excluded from the mortgage coverage if the real estate that is the subject of the mortgage is not insured against the risk of loss or damage no later than six months from the date of replacement of the mortgaged item.
2.2. When replacing the subject of a mortgage in cases established by federal law, the value of the real estate that is the subject of a mortgage may be determined on the basis of its cadastral value.";
b) paragraph four of part 4 should be supplemented with the words “except for replacement of the subject of mortgage in cases established by federal law”;
2) paragraph four of part 2 of article 5 should be supplemented with the words “or its cadastral value in the case established by this Federal Law.”
Federal Law of December 29, 2004 N 189-FZ “On the implementation of the Housing Code of the Russian Federation” (Collected Legislation of the Russian Federation, 2005, N 1, Art. 15; N 52, Art. 5597; 2006, N 27, Art. 2881; 2007, N 1, Art. 14; N 49, Art. 6071; 2009, N 19, Art. 2283; 2010, N 6, Art. 566; N 32, Art. 4298; 2011, N 23, Art. 3263; 2012, N 41, Art. 5524; N 53, Art. 7596; 2013, N 8, Art. 722; N 14, Art. 1651; N 23, Art. 2866; 2014, N 26, Art. 3377; N 30, Art. 4218, 4256; 2015, N 9, Art. 1194; 2016, N 9, Art. 1168; N 27, Art. 4294; 2017, N 9, Art. 1274) add 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 a program for the renovation of the housing stock, carried out in accordance with federal law, features of ensuring the housing rights of citizens for the purpose of renovation of the housing stock, features of the use of 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 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."
Federal Law of December 29, 2004 N 191-FZ “On the implementation of the Town Planning Code of the Russian Federation” (Collected Legislation of the Russian Federation, 2005, N 1, Art. 17; N 30, Art. 3122; 2006, N 1, Art. 17; N 27, Art. 2881; N 52, Art. 5498; 2007, N 21, Art. 2455; N 49, Art. 6071; N 50, Art. 6237; 2008, N 20, Art. 2251; N 30 , Art. 3604; 2009, N 1, Art. 19; N 11, Art. 1261; N 19, Art. 2283; N 29, Art. 3611; N 48, Art. 5723; N 52, Art. 6419, 6427 ; 2010, N 31, article 4209; N 40, article 4969; N 52, article 6993; 2011, N 13, article 1688; N 30, article 4563, 4594; 2012, N 26, article 3446 ; N 27, Art. 3587; N 53, Art. 7614, 7615; 2013, N 14, Art. 1651; N 23, Art. 2866; N 30, Art. 4072; N 52, Art. 6976; 2014, N 26, Art. 3377; 2015, N 1, Art. 9, 38, 52, 72; N 9, Art. 1195; N 10, Art. 1418; N 17, Art. 2477; N 27, Art. 3951; N 29, Art. 4347, 4376; 2016, N 1, Art. 22; N 26, Art. 3890; N 27, Art. 4305, 4306; 2017, N 1, Art. 35) add Article 10.9 with the following content:
"Article 10.9
Features of the implementation of urban planning activities for the purpose of renovation of the housing stock in accordance with federal law are established by such federal law and laws and other regulatory legal acts of the constituent entity of the Russian Federation adopted in accordance with it."
Article 1 of the Federal Law of December 30, 2004 N 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, N 1, Art. 40 ; 2006, N 30, Art. 3287; 2010, N 25, Art. 3070; 2016, N 18, Art. 2515; N 27, Art. 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 and arising in connection with the renovation of the housing stock in the subject of the Russian Federation - the federal city of Moscow, taking into account the features provided for by the Law of the Russian Federation of April 15, 1993 N 4802-1 "On the status of the capital of the Russian Federation."
Introduce into Article 10 of the Federal Law of July 22, 2008 N 159-FZ "On the specifics of the alienation of real estate that is in state ownership of 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" Federation" (Collection of 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 in part 4 of this article”;
2) add part 4 with the following content:
"4. Relations arising in connection with the alienation from the state property of a constituent entity of the Russian Federation of real estate 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 renovation program provided for by such federal law."
Introduce into the Federal Law of July 13, 2015 N 218-FZ “On State Registration of Real Estate” (Collected Legislation of the Russian Federation, 2015, N 29, Art. 4344; 2016, N 18, Art. 2484, 2495; N 23, Art. 3296; N 26, Art. 3890; N 27, Art. 4237, 4248, 4284, 4294) the following changes:
1) part 3 of article 9 shall be supplemented with clause 8.3 as follows:
"8.3) information about the impossibility of transferring residential premises as collateral, rent, encumbering it with other rights, as well as the impossibility of its alienation in cases provided for by the Law of the Russian Federation of April 15, 1993 N 4802-1 "On the status of the capital of the Russian Federation";" ;
2) Article 19 shall be supplemented with part 1.1 as follows:
"1.1. In the event of concluding an agreement, a party to which is the 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 residential premises in an apartment building included in the housing renovation program in the specified constituent entity of the Russian Federation in accordance with By Law of the Russian Federation of April 15, 1993 N 4802-1 “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 of the residential premises specified in such an agreement to the rights registration authority with the attachment of the documents provided for by this Federal Law. The rights registration authority, within seven days from the date of receipt of such an application, carries out state registration of the transfer of ownership of the residential premises specified in such an agreement.";
3) paragraph 4 of Article 25 shall be supplemented with the words “except for the case provided for in 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 of April 15, 1993 N 4802-1” On the status of the capital of the Russian Federation" (except for the case provided for in part nineteen of Article 7.3 of the said Law)";
5) Article 48 shall be supplemented with part 6.1 as follows:
"6.1. For 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 N 4802-1 “On the status of the capital of the Russian Federation”, with participants in the shared construction of an apartment building and (or) other real estate, the provision 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 of April 15, 1993 N 4802-1 "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 the state registration of ownership of the corresponding residential premises 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 N 4802-1 “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 vacancy of residential premises in an apartment building included in the renovation program of the housing stock of the constituent entity of the Russian Federation - the federal city of Moscow, and on its transfer into the ownership of the constituent entity of the Russian Federation - the federal city of Moscow, on state registration of the transfer of ownership of an equivalent residential premises or equivalent living space. The rights registration body, no later than three days from the date of state registration of the mortgage in relation to equivalent residential premises or equivalent residential premises, notifies the mortgagee about this in the manner established by the regulatory body.
4.2. When submitting an application to make changes to the records of the Unified State Register of Real Estate by the owner of a mortgage certifying the rights of the mortgagee in relation to residential premises in an apartment building included in the housing renovation program in accordance with the Law of the Russian Federation of April 15, 1993 N 4802-1 "On status of the capital of the Russian Federation", the rights registration authority makes changes to the contents of the mortgage in the manner established by Federal Law of July 16, 1998 N 102-FZ "On mortgage (mortgage of real estate).";
b) in Part 11 the words “part 4 of Article 60 of this Federal Law” are replaced with the words “this Federal Law”;
c) add part 11.1 with the following content:
"11.1. State registration of the termination of a mortgage in relation to residential premises in an apartment building included in the housing renovation program in accordance with the Law of the Russian Federation of April 15, 1993 N 4802-1 “On the status of the capital of the Russian Federation” is carried out without a corresponding application simultaneously with state registration of the transfer of ownership of an equivalent residential premises or equivalent residential premises.";
7) Article 57 shall be supplemented with part 3 as follows:
"3. The basis for state registration of the transfer of rights to residential premises in an apartment building included in the housing renovation program in accordance with the Law of the Russian Federation of April 15, 1993 N 4802-1 “On the status of the capital of the Russian Federation” is provided for in Article 7.3 of the said 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."
1. Provisions of the Law of the Russian Federation of April 15, 1993 N 4802-1 “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 subject of the Russian Federation - a city of federal significance Moscow, do not apply to relations arising as a result of the recognition, in accordance with the procedure established by the Government of the Russian Federation, of an apartment building as unsafe and subject to demolition or reconstruction.
2. Only those apartment buildings can be included in the draft program for the renovation of the housing stock in which a vote on the issue of including an 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 of April 15, 1993 N 4802-1 “On the status of the capital of the Russian Federation” (as amended by this Federal Law).
This Federal Law comes into force on the date of its official publication.
The president
Russian Federation
Moscow Kremlin
Make the following changes to the Air Code of the Russian Federation (Collected Legislation of the Russian Federation, 1997, No. 12, Art. 1383; 2004, No. 35, Art. 3607; 2007, No. 50, Art. 6245; 2015, No. 29, Art. 4380) :
1) Article 46 is declared invalid;
2) Article 47 should be stated as follows:
“Article 47. Airport area
1. The airfield area is established by a decision of the federal executive body authorized by the Government of the Russian Federation in order to ensure the safety of aircraft flights, the long-term development of the airport and the exclusion negative impact airfield equipment and aircraft flights on human health and environment in accordance with this Code, land legislation, legislation on urban planning activities, taking into account the requirements of legislation in the field of ensuring the sanitary and epidemiological well-being of the population.
By the decision specified in paragraph one of this paragraph, restrictions on the use of land plots and (or) real estate located on them and the implementation of economic and other activities in accordance with this Code are established in the airfield area (hereinafter referred to as restrictions on the use of real estate and the implementation of activities).
2. The area near the airfield is a zone with special conditions use of territories.
3. The following subzones may be allocated in the area adjacent to the airfield, in which restrictions on the use of real estate and activities are established:
1) the first subzone, in which it is prohibited to place objects not intended for organizing and servicing air traffic and air transportation, ensuring takeoff, landing, taxiing and parking of aircraft;
2) the second subzone, in which it is prohibited to place facilities not intended for servicing passengers and processing baggage, cargo and mail, servicing aircraft, storing aviation fuel and refueling aircraft, ensuring energy supply, as well as facilities not related to the airport infrastructure;
3) the third subzone, in which it is prohibited to place objects whose height exceeds the limits established by the federal executive body authorized by the Government of the Russian Federation when establishing the corresponding airfield area;
4) the fourth subzone, in which it is prohibited to place objects that interfere with the operation of ground facilities and systems for air traffic services, navigation, landing and communications, intended for air traffic management and located outside the first subzone;
5) the fifth subzone, in which it is prohibited to locate hazardous production facilities, the operation of which may affect the safety of aircraft flights;
6) the sixth subzone, in which it is prohibited to place objects that contribute to the attraction and mass gathering of birds;
7) the seventh subzone, in which, due to exceeding the level of noise, electromagnetic influences, concentrations of pollutants in atmospheric air It is prohibited to place objects whose types, depending on their functional purpose are determined by the federal executive body authorized by the Government of the Russian Federation when establishing the appropriate airfield territory, taking into account the requirements of legislation in the field of ensuring the sanitary and epidemiological well-being of the population, unless otherwise established by federal laws.
4. The procedure for establishing the airfield territory and the procedure for allocating subzones in the airfield territory, in which restrictions on the use of real estate and activities are established, are approved by the Government of the Russian Federation.
Establishment of the aerodrome area for structures intended for take-off, landing, taxiing and parking of aircraft (hereinafter referred to as aerodrome structures) and planned for construction, reconstruction, is carried out in accordance with the main characteristics of aerodrome structures contained in the territorial planning schemes of the Russian Federation, territorial planning schemes subjects of the Russian Federation, master plans federal cities of Moscow, St. Petersburg and Sevastopol and documentation on territory planning.
5. In the case of architectural and construction design for the purpose of construction, reconstruction of airfield structures, a draft decision of the federal executive body authorized by the Government of the Russian Federation on the establishment of an airfield area is prepared by the developer who is constructing the airfield structures. The specified draft decision is approved by the federal executive body authorized by the Government of the Russian Federation in the presence of a positive sanitary and epidemiological conclusion of the federal executive body exercising federal state sanitary and epidemiological supervision on the compliance of the specified draft decision with the requirements of legislation in the field of ensuring the sanitary and epidemiological well-being of the population. The specified draft decision is also subject to agreement with the highest executive bodies of state power of the constituent entities of the Russian Federation, within the boundaries of whose territories the airfield territory is located in whole or in part (in terms of compliance with the specified draft decision, the allocation of subzones in the airfield territory, the establishment of restrictions on the use of real estate in such subzones and the implementation of activities, the procedure for describing the location of the borders of the airfield territory and the procedure for identifying subzones in the airfield territory in which restrictions are established on the use of real estate and activities), taking into account the conclusions of authorized local government bodies municipalities, within the boundaries of whose territories the airfield area is located in whole or in part, containing calculations of the amount of damage subject to compensation to citizens, legal entities and public legal entities in connection with restrictions on the use of real estate and activities established on the airfield territory. Approval of the said draft decision or refusal to approve it is subject to submission to the federal executive authorities authorized by the Government of the Russian Federation within thirty days from the date of receipt of the said draft decision by the highest executive body of state power of the constituent entity of the Russian Federation. In case of failure to submit approval of the specified draft decision or failure to submit a refusal to approve it in fixed time the specified draft decision is considered agreed upon. The procedure for resolving disagreements that arise between the highest executive bodies of state power of the constituent entities of the Russian Federation and the federal executive bodies authorized by the Government of the Russian Federation when agreeing on the specified draft decision is approved by the Government of the Russian Federation.
6. In relation to a jointly based aerodrome or a jointly used aerodrome, the decision to establish a territory adjacent to the aerodrome is approved by the federal executive body authorized by the Government of the Russian Federation in agreement with the federal executive authorities that are allowed to be jointly based at the aerodrome or which carry out joint use of the aerodrome.
7. If the rules of land use and development of a settlement, urban district, inter-settlement territory contain violations of the restrictions on the use of real estate and activities established in the airfield area, the airfield operator civil aviation or an organization operating an experimental aviation aerodrome or authorized by the federal executive body in charge of which the state aviation aerodrome is located is required to prepare a conclusion on violation of the restrictions on the use of real estate and activities established on the aerodrome territory and send it to the federal executive body authorized by the Government of the Russian Federation authorities.
The federal executive body authorized by the Government of the Russian Federation, within ten days from the date of receipt of the conclusion on violation of the restrictions on the use of real estate and activities established on the airfield territory, is obliged to send to the local government body of the relevant municipality an order to eliminate violations of the restrictions on the use of real estate established on the airfield territory and carrying out activities that are allowed in the rules of land use and development of a settlement, urban district, inter-settlement territory, including the demolition of unauthorized buildings. Such an order may be appealed by the local government body of the relevant municipality to the court.
The federal executive body authorized by the Government of the Russian Federation is obliged to notify the highest executive body of state power of the constituent entity of the Russian Federation, on the territory of which the corresponding municipal entity is located, about violations of the restrictions on the use of real estate and activities established in the airfield area, which are allowed in the rules of land use and development of the settlement, urban district, inter-settlement territory.
8. The developer who carries out the construction of airfield structures shall compensate for damage caused to citizens, legal entities and public legal entities in connection with restrictions on the use of real estate and activities established on the airfield territory.”
Introduce into Article 12 of the Federal Law of March 30, 1999 No. 52-FZ “On the sanitary and epidemiological welfare of the population” (Collected Legislation of the Russian Federation, 1999, No. 14, Art. 1650; 2006, No. 52, Art. 5498; 2011, No. 30, Art. 4563, 4596; 2014, No. 26, Art. 3377) the following changes:
1) exclude the words “urban and rural settlements” from the name;
2) paragraph 2 is supplemented with the following paragraph:
“The procedure for establishing sanitary protection zones and the use of land plots located within the boundaries of sanitary protection zones is approved by the Government of the Russian Federation.”
Add to Town Planning Code Russian Federation (Collection of Legislation of the Russian Federation, 2005, No. 1, Art. 16; 2006, No. 1, Art. 21; No. 52, Art. 5498; 2008, No. 29, Art. 3418; No. 30, Art. 3604, 3616 ; 2009, No. 48, Art. 5711; 2010, No. 48, Art. 6246; 2011, No. 13, Art. 1688; No. 17, Art. 2310; No. 27, Art. 3880; No. 30, Art. 4563, 4572 , 4591, 4594; No. 49, Art. 7015, 7042; 2012, No. 31, Art. 4322; No. 47, Art. 6390; No. 53, Art. 7614, 7619, 7643; 2013, No. 9, Art. 873; No. 14, Art. 1651; No. 43, Art. 5452; No. 52, Art. 6983; 2014, No. 14, Art. 1557; No. 19, Art. 2336; No. 26, Art. 3377; No. 42, Art. 5615 ; No. 43, Art. 5799; No. 48, Art. 6640; 2015, No. 1, Art. 9, 11, 86; No. 29, Art. 4342; No. 48, Art. 6705; 2016, No. 1, Art. 79 ; No. 27, Article 4248, 4294, 4301, 4302, 4303, 4305, 4306; No. 52, Article 7494) the following changes:
1) paragraph 4 of Article 1 after the words “zones of protected objects,” add the words “airfield area,”;
2) Article 30 shall be supplemented with parts 7 and 8 as follows:
"7. The approved rules for land use and development of a settlement, urban district, intersettlement territory are not applied to the extent that they contradict the restrictions on the use of land plots and (or) real estate located on them and the implementation of economic and other activities established on the airfield territory, within the boundaries of which the land is fully or partially located. the airfield area established in accordance with the Air Code of the Russian Federation (hereinafter referred to as restrictions on the use of real estate established on the airfield area).
8. The period for bringing the approved land use and development rules into compliance with the restrictions on the use of real estate established on the airfield territory cannot exceed six months.”;
3) in article 31:
a) part 3 should be supplemented with the following sentence: “In the event of bringing the rules of land use and development into compliance with the restrictions on the use of real estate established on the airfield territory, public hearings will not be held.”;
b) add part 7.1 with the following content:
"7.1. In the case of bringing the rules of land use and development into compliance with the restrictions on the use of real estate established in the area near the airfield, publication of a notice on the decision to prepare a project to amend the rules of land use and development is not required.”;
c) add parts 8.2 and 8.3 as follows:
"8.2. The draft rules for land use and development, prepared in relation to the territory of the municipality, within the boundaries of which the airfield area is located in whole or in part, no later than ten days from the date of the decision to hold public hearings on such a project in accordance with Part 11 of this article, must be sent to the federal executive body authorized by the Government of the Russian Federation.
8.3. The federal executive body authorized by the Government of the Russian Federation, in the event that the draft land use and development rules contradict the restrictions on the use of real estate established on the airfield territory, no later than ten days from the date of receipt of the draft land use and development rules, sends it to the local government body of the relevant municipal formation of an order to bring the draft land use and development rules into compliance with the restrictions on the use of real estate established in the airfield area, which is subject to mandatory execution when the land use and development rules are approved. The specified order may be appealed by the local government body of the relevant municipality to the court.”;
d) part 15 should be supplemented with the words “except when they are not required to be carried out in accordance with this Code”;
4) in article 32:
a) in part 1, the second sentence should be supplemented with the words “except when they are not required to be carried out in accordance with this Code”;
b) add part 3.1 with the following content:
"3.1. Approved rules for land use and development are subject to placement in the federal state information system territorial planning no later than ten days from the date of approval of these rules. If the airfield territory established in accordance with the Air Code of the Russian Federation is fully or partially located within the boundaries of a municipal entity, the local government body of such municipal entity no later than five days from the date of placement of the approved land use and development rules in the federal state information system of the territorial planning notifies in electronic form and (or) through postal item a federal executive body authorized by the Government of the Russian Federation to place these rules in the federal state information system for territorial planning.”;
5) in article 33:
a) part 2 should be supplemented with clause 1.1 as follows:
“1.1) receipt from the federal executive body authorized by the Government of the Russian Federation, mandatory for execution within the time frame, established by law Russian Federation, instructions to eliminate violations of restrictions on the use of real estate established on the airfield territory, which are allowed in the rules of land use and development of a settlement, urban district, inter-settlement territory;";
b) add part 4.1 with the following content:
"4.1. The project to amend the rules of land use and development, providing for bringing these rules into compliance with the restrictions on the use of real estate established on the airfield territory, is not subject to consideration by the commission.”;
c) add part 6 with the following content:
"6. The head of the local administration, after receiving the order specified in paragraph 1.1 of part 2 of this article from the federal executive body authorized by the Government of the Russian Federation, is obliged to make a decision on amending the rules of land use and development. The order specified in paragraph 1.1 of part 2 of this article may be appealed by the head of the local administration to the court.”;
6) Article 40 shall be supplemented with part 8 as follows:
"8. Granting permission to deviate from the maximum parameters of permitted construction or reconstruction of capital construction projects is not permitted if such deviation does not comply with the restrictions on the use of real estate established on the airfield territory.”;
7) in article 51:
a) part 3 should be supplemented with the words “and also in case of non-compliance of the design documentation of capital construction projects with the restrictions on the use of real estate established on the airfield territory”;
b) add parts 12.1 and 12.2 as follows:
"12.1. Authorized to issue construction permits are a federal executive body, an executive body of a constituent entity of the Russian Federation, a local government body or an authorized organization carrying out public administration use of atomic energy and public administration in carrying out activities related to development, production, disposal nuclear weapons and nuclear power plants for military purposes, or the State Corporation for Space Activities “Roscosmos”, within ten days from the date of issuance of a construction permit to the developer within the boundaries of the airfield area, submits a copy of such permit to the federal executive body authorized by the Government of the Russian Federation.
12.2. The federal executive body authorized by the Government of the Russian Federation, within thirty days, checks the compliance of the issued construction permit with the restrictions on the use of real estate established on the airfield territory, and if a violation of the restrictions on the use of real estate established on the airfield territory is detected, sends it to the federal executive body, an executive body of a constituent entity of the Russian Federation, a local government body or an authorized organization that carries out state management of the use of atomic energy and state management in the implementation of activities related to the development, production, disposal of nuclear weapons and nuclear power plants for military purposes, or the State Corporation for Space Activities " Roscosmos" order to terminate the construction permit.";
c) part 21.1 is supplemented with clause 1.1 as follows:
“1.1) receipt of an order from a federal executive body authorized by the Government of the Russian Federation to terminate the validity of a construction permit on the basis of non-compliance of the construction permit with the restrictions on the use of real estate established on the airfield territory;.”
1. Before the establishment of airfield territories in the manner prescribed by the Air Code of the Russian Federation (as amended by this Federal Law), the federal executive authorities authorized by the Government of the Russian Federation, no later than thirty days from the date of official publication of this Federal Law, are obliged to post on their official websites in the information and telecommunications network "Internet" a description of the location of the boundaries of the airfield territories, information about which was entered into the state real estate cadastre before January 1, 2016, in order to coordinate the placement within the boundaries of the airfield territories of the objects specified in this article, without entering information about the boundaries of the airfield territories to the Unified State Register of Real Estate. The publication of this information is carried out taking into account the requirements of the legislation of the Russian Federation on state secrets.
2. Before the date of this Federal Law, the federal executive authorities authorized by the Government of the Russian Federation, in the absence of the description of the location of the boundaries of the airfield territories specified in this article in the state real estate cadastre on January 1, 2016, are obliged to approve the maps (diagrams) available on the day of the official publication of this Federal Law. , which display the boundaries of air approach strips at experimental aviation aerodromes, state aviation aerodromes, civil aviation aerodromes, the boundaries of sanitary protection zones of aerodromes, and also place the indicated maps (diagrams) on the website of the federal executive body authorized by the Government of the Russian Federation in information and telecommunications Internet network in order to coordinate the placement of objects specified in this article within such boundaries, without entering information about such boundaries into the Unified State Register of Real Estate. The specified maps (schemes) are subject to approval by the highest executive bodies of state power of the constituent entities of the Russian Federation, within the boundaries of whose territories the airfield area is located in whole or in part (in terms of compliance with the description of the location of the boundaries of air access strips at airfields, the description of the location of the boundaries of sanitary protection zones of airfields and restrictions use of land plots and (or) real estate located on them and implementation of economic and other activities within such boundaries established requirements). Approval of the specified maps (schemes) or refusal to approve them is subject to submission to the specified federal executive authorities within thirty days from the date of receipt of the drafts of the specified maps (schemes) by the highest executive bodies of state power of the constituent entities of the Russian Federation. In case of failure to submit approval of the specified maps (schemes) or failure to submit a refusal to approve them within the prescribed period, the specified maps (schemes) are considered approved. The procedure for resolving disagreements that arise between the highest executive bodies of state power of the constituent entities of the Russian Federation and the federal executive bodies authorized by the Government of the Russian Federation when agreeing on drafts of the specified maps (schemes) is approved by the Government of the Russian Federation.
3. Until the establishment of airfield territories in the manner prescribed by the Air Code of the Russian Federation (as amended by this Federal Law), architectural and construction design, construction, reconstruction of capital construction projects, placement of radio engineering and other objects that may threaten the safety of aircraft flights will have a negative impact impact on human health and the environment, interfere with the operation of radio equipment installed at the aerodrome, radar and radio navigation facilities intended to support aircraft flights, within the boundaries of the aerodrome areas specified in this article or the air access strips at aerodromes specified in this article, sanitary protection zones of airfields should be carried out subject to approval of the placement of these facilities within a period of no more than thirty days:
1) with the organization operating an experimental aviation aerodrome - for an experimental aviation aerodrome;
2) with an organization authorized by the federal executive body under whose jurisdiction the state aviation aerodrome is located - for a state aviation aerodrome;
3) with the federal executive body performing the functions of providing public services and management of state property in the field of air transport (civil aviation), - for a civil aviation airfield. In case of failure to provide approval for the placement of these objects or failure to submit a refusal to approve their placement within the established period, the placement of the object is considered agreed.
4. The approval specified in this article is carried out in the presence of a positive sanitary and epidemiological conclusion of the federal executive body exercising federal state sanitary and epidemiological supervision on the compliance of the placement of the objects specified in part 3 of this article with the requirements of legislation in the field of ensuring the sanitary and epidemiological well-being of the population, issued within thirty days from the date of receipt of the application by this federal executive body.
5. After three hundred and sixty days from the date of official publication of this Federal Law, violation of the requirements of the Air Code of the Russian Federation on the establishment of airfield territories and corresponding restrictions on the use of land plots and (or) real estate located on them and the implementation of economic and other activities and the operation of such an airfield are recognized violation of aircraft flight safety requirements.
6. The highest executive body of state power of a constituent entity of the Russian Federation has the right to apply to the Government of the Russian Federation with a proposal to suspend air transportation at the airfield if, after three hundred and sixty days from the date of official publication of this Federal Law, the federal executive body authorized by the Government of the Russian Federation has not established the corresponding airfield area.
7. In relation to airfields put into operation before the date of this Federal Law:
1) until the establishment of airfield territories in the manner prescribed by the Air Code of the Russian Federation (as amended by this Federal Law), restrictions on the use of land plots and (or) real estate located on them and the implementation of economic and other activities established before the date of this Federal Law, restrictions the use of land plots and (or) real estate located on them and the implementation of economic and other activities established within the boundaries of the airfield territories specified in this article or air access strips at aerodromes specified in this article, sanitary protection zones of aerodromes, sanitary break zones of aerodromes, do not apply to capital construction projects, architectural and construction design, construction, reconstruction of which are agreed upon by the owner of the relevant aerodrome and (or) the authorized government body exercising the powers of the owner of the corresponding aerodrome, as well as in relation to land plots and (or) objects located on them real estate, the rights to which arose among citizens or legal entities before the entry into force of this Federal Law, except for cases where these restrictions are established in order to ensure the safety of aircraft flights. Losses caused to public legal entities in connection with established restrictions on the use of land plots and (or) real estate located on them and the implementation of economic and other activities are not subject to compensation;
2) a draft decision of the federal executive body authorized by the Government of the Russian Federation on the establishment of an airfield territory, including, inter alia, the establishment of restrictions on the use of land plots and (or) real estate located on them and the implementation of economic and other activities, is prepared by the airfield operator and approved by the authorized Government of the Russian Federation Federation by the federal executive body in the presence of a positive sanitary and epidemiological conclusion of the federal executive body exercising federal state sanitary and epidemiological supervision on the compliance of this draft decision with the requirements of legislation in the field of ensuring the sanitary and epidemiological well-being of the population in agreement with the highest executive bodies of state power of the constituent entities of the Russian Federation Federations within the boundaries of whose territories the airfield territory is located in whole or in part (in terms of compliance of this draft decision, the allocation of subzones in the airfield territory, the establishment in such subzones of restrictions on the use of land plots and (or) real estate located on them and the implementation of economic and other activities to the order descriptions of the location of the borders of the airfield territory, the procedure for allocating subzones in the airfield territory in which these restrictions are established), carried out taking into account the conclusions of the authorized local government bodies of municipalities within the boundaries of which the airfield territory is fully or partially located, containing a calculation of the amount of damage subject to compensation to citizens, legal entities and public legal entities in connection with the establishment of restrictions on the use of land plots and (or) real estate located on them and the implementation of economic and other activities. Approval of this draft decision or refusal to approve it is subject to submission to the federal executive authorities authorized by the Government of the Russian Federation within thirty days from the date of receipt of this draft decision by the highest executive body of state power of the subject of the Russian Federation. In case of failure to provide approval for this draft decision or failure to submit a refusal to approve it within the prescribed period, this draft decision is considered approved. The procedure for resolving disagreements that arise between the highest executive bodies of state power of the constituent entities of the Russian Federation and the federal executive bodies authorized by the Government of the Russian Federation when agreeing on this draft decision is approved by the Government of the Russian Federation;
3) the establishment of the aerodrome area is carried out in accordance with the main characteristics of structures intended for take-off, landing, taxiing and parking of aircraft, contained in the air navigation passport of a civil aviation aerodrome, instructions for flight operations in the area of a state aviation aerodrome or an experimental aviation aerodrome;
4) the airfield operator compensates for damage caused to citizens and legal entities when their rights to land and (or) real estate located on them that arose before the date of this Federal Law, with the exception of cases of unauthorized construction, in connection with the establishment of previously unestablished restrictions on the use of land plots and (or) real estate located on them and the implementation of economic and other activities, including when establishing an airfield area in the manner prescribed by the Air Code of the Russian Federation (as amended by this Federal Law), except for the cases provided for in this part. Losses caused to public legal entities in connection with established restrictions on the use of land plots and (or) real estate located on them and the implementation of economic and other activities are not subject to compensation. If the operator of the aerodrome and the operator of the airport that includes the corresponding aerodrome are different persons, the distribution between them of the amount of this damage subject to compensation is determined by agreement between them. If such an agreement is not concluded, the aerodrome operator and the airport operator are obliged to compensate for this damage jointly and severally;
5) restrictions on the use of land plots and (or) real estate located on them and the implementation of economic and other activities established in the seventh subzone of the airfield territory when establishing airfield territories in the manner prescribed by the Air Code of the Russian Federation (as amended by this Federal Law) do not apply in relation to land plots and (or) real estate located on them, the rights to which arose among citizens or legal entities before the date of this Federal Law;
6) at the expense of the corresponding budget budget system The Russian Federation is compensated for damage caused to citizens and legal entities when their rights to land plots and (or) real estate located on them that arose before the date of this Federal Law are limited, with the exception of cases of unauthorized construction, in connection with the establishment for security purposes flights of aircraft restrictions on the use of land plots and (or) real estate located on them and the implementation of economic and other activities, if the use of such land plots and (or) real estate located on them was approved by the federal executive bodies authorized by the Government of the Russian Federation, authorized bodies state authorities of the constituent entities of the Russian Federation, which exercised the powers of the owners of the relevant airfields.
1. This Federal Law comes into force on the date of its official publication, with the exception of provisions for which this article establishes a different date for their entry into force.
2. , , and this Federal Law come into force ninety days after the day of official publication of this Federal Law.
| President of Russian Federation | V. Putin |
Document overview
The Air and Urban Planning Codes of the Russian Federation and the Law on the Sanitary and Epidemiological Welfare of the Population have been adjusted.
It is provided that the airfield area is established by a federal authority authorized by the Government of the Russian Federation in order to ensure the safety of aircraft flights, the long-term development of the airport and to eliminate the negative impact of airfield equipment and aircraft flights on human health and the environment.
The territory can be divided into 7 subzones, in which restrictions are established on the use of land plots and the implementation of economic and other activities. The procedure for allocating subzones is approved by the Government of the Russian Federation.
The draft land use and development rules, prepared in relation to the territory of the municipality, within the boundaries of which the airfield area is fully or partially located, is sent to the federal authority authorized by the Government of the Russian Federation for approval.
It is also stipulated that the procedure for establishing sanitary protection zones and the use of land plots located within the boundaries of these zones is approved by the Government of the Russian Federation.
The amendments come into force on the date of official publication, with the exception of certain provisions for which a different period is provided.
From July 1, 2017 The federal law No. 372-FZ “On amendments to the Town Planning Code of the Russian Federation and certain legislative acts of the Russian Federation”, aimed at improving the system of self-regulation in construction, has fully entered into force.
Main directions of reform:
1. cancellation of the certificate of admission to work;
2. SRO control over the implementation and compliance by its members:
Requirements of legislation on urban planning activities, on technical regulation,
Requirements established in the standards for work processes approved by National Associations of SROs;
3. formation of two compensation funds: Compensation Fund for Ensuring Contractual Obligations (CF ODO) and Compensation Fund for Compensation of Harm (CF BB);
4. introduction of additional liability for failure to fulfill state and municipal contracts;
5. regional principle of formation of construction SROs;
6. SRO development of uniform rules and operating standards for its members;
7. formation of two National Registers of Specialists: in the field of construction (NRS NOSTROY) and in the field of engineering surveys and architectural and construction design (NRS NOPRIZ);
1. Termination of the certificate of permission to work. Instead of admission, mandatory membership in SROs is introduced for certain categories of organizations, information about which must be included in the Registers of SRO members. To confirm its membership in the SRO, an organization must receive an extract from the Register.
2. Mandatory membership in the SRO, which gives the right to carry out construction, design and survey work, is required only for:
Developers who independently carry out construction;
Technical customers, general designers.
3. An organization that has expressed its intention to take part in concluding construction contracts on a competitive basis must make a contribution to the Compensation Fund for securing contractual obligations of the SRO. The minimum contribution to the CF ODO depends on the total amount of the organization’s obligations under contracts.
4. The organization - a member of the SRO must have at least two specialists on staff who meet the established requirements qualification requirements, and information about which is included in the relevant National Register of Specialists (NRS).
5. Expulsion from the SRO if the organization did not submit a corresponding notification to the SRO about termination or retention of membership before December 1, 2016.
6. Standards for work processes approved by NOSTROY and NOPRIZ become mandatory for implementation by all organizations - members of the SRO.