FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 1, 2021 No. 273-FZ

About introduction of amendments to the Federal law "About Participation in Shared-equity Construction of Apartment Houses and Other Real Estate Objects and about Modification of Some Legal Acts of the Russian Federation" and separate legal acts of the Russian Federation

Accepted by the State Duma on June 16, 2021

Approved by the Federation Council on June 23, 2021

Article 1

Bring in the Federal Law of December 30, 2004 No. 214-FZ "About participation in shared-equity construction of apartment houses and other real estate objects and about modification of some legal acts of the Russian Federation" (The Russian Federation Code, 2005, No. 1, Art. 40; 2006, No. 30, Art. 3287; 2010, No. 25, Art. 3070; 2012, No. 29, Art. 3998; 2014, No. 26, Art. 3377; 2015, No. 29, Art. 4362; 2016, No. 27, Art. 4237; 2017, No. 31, Art. 4767; 2018, No. 28, Art. 4139; No. 53, Art. 8404; 2019, No. 26, Art. 3317; 2020, No. 29, Art. 4512; 2021, No. 1, Art. 33) following changes:

1) in Article 3:

a) add with part 2.2-2 following of content:

"2.2-2. For the purpose of financing of actions for completion of construction of facilities of construction in progress, to construction of apartment houses and other real estate objects within settlement of obligations of the builder to participants of construction the public company specified regarding 1 article 23.2 of this Federal Law, which assumed liability to participants of construction according to the procedure, No. 127-FZ established by articles 201.15-1 and 201.15-2 of the Federal Law of October 26, 2002 "About insolvency (bankruptcy)", having the right to raise money of participants of shared-equity construction for construction (creation) of the apartment house and (or) other real estate objects and requirements of part 1.2 of this Article extend to the specified company. Money of participants of shared-equity construction is allocated for the settlement account of Fund opened in authorized bank in the field of housing construction. Concerning the specified means bank maintenance according to article 9.2 of the Federal Law of July 29, 2017 No. 218-FZ "About the public company on protection of the rights of citizens - participants of shared-equity construction in case of insolvency (bankruptcy) of builders and about modification of separate legal acts of the Russian Federation" is performed.";

b) item 4 of part 2.6 after words "this Article," to add with the words "about transfer to the acquirer of property and obligations of the builder according to the procedure, the stipulated in Clause 201.15-1 Federal Laws of October 26, 2002 No. 127-FZ " about insolvency (bankruptcy) ", according to the arbitration court ruling";

2) in Item 11 of part 2 of Article 3.1 of the word "the builder;" shall be replaced with words "the builder. Requirements about calculation of the size of own means and standard rates of financial stability of the builder do not extend to the builders performing attraction of money of participants of shared-equity construction according to article 15.4 of this Federal Law;";

3) Article 16 to add with part 5.1 following of content:

"5.1. Seizure, prohibition to make certain actions with real estate based on court resolution or the act of authorized body, election of pledge as measure of restraint according to the criminal procedure legislation of the Russian Federation concerning the parcel of land occupied with the apartment house in which object of shared-equity construction is located of the right of lease (sublease) of such parcel of land are not the basis for suspension of the state cadastral registration of the apartment house, state registration of the property right of the participant of shared-equity construction to object of shared-equity construction or for state registration of transition of the property right to such object, and also for state registration of the right of common ownership of the participant (participants) of shared-equity construction to the specified parcel of land. At the same time record about seizure, about prohibition to make certain actions or about pledge it is settled along with state registration of the property right to the last object of shared-equity construction in this apartment house.";

4) in Article 21.1:

a) add part 4 with Item 3 following of content:

"3) functions of the technical customer, including carrying out construction supervision, concerning the apartment houses and (or) other real estate objects, linear objects and other objects of engineering infrastructure necessary for operation of apartment houses which completion of construction is performed by Fund of the subject of the Russian Federation with use of the means provided by the public company specified regarding 1 article 23.2 of this Federal Law is performed by the specified public company or the legal entity who is specially created by such company for these purposes. The Government of the Russian Federation has the right to make the decision on carrying out construction supervision on the specified objects the federal executive body performing functions on the development and realization of state policy and normative legal regulation in the field of construction, architecture, town planning or subordinated to the specified body state (budget or autonomous) organization.";

b) add with part 8.1 following of content:

"8.1. The functions of authorized bank in the field of housing construction provided by this Article in the territories of the Republic of Crimea and the federal city of Sevastopol are performed by the authorized bank determined by the decision of the Government of the Russian Federation.";

5) in Article 23.1:

a) add part 1.4 with Items 3 - 5 following contents:

"3) repayment by the subject of the Russian Federation of requirements of all citizens - participants of construction on transfer of premises, parking places and non-residential premises or monetary claims according to the procedure, established by the subject of the Russian Federation;

4) lack of obligations of the builder to citizens - participants of construction under the agreements of participation in shared-equity construction signed concerning the corresponding problem object if in the single state real estate register there are no data on the registered agreements of participation in shared-equity construction and concerning such builder do not enter the procedure applied in the case of bankruptcy of builder;

5) payment to all citizens - to participants of construction whose money is raised for construction of the corresponding problem object included in the unified register of problem objects, insurance indemnity within the insurance contract of the civil responsibility of the builder for non-execution or improper execution of obligations on transfer of premises according to the contribution agreement in shared-equity construction.";

b) add part 3 with the offer of the following content: "The data which are the basis for exception of problem objects of the unified register of problem objects are placed monitoring body in unified information system of housing construction according to the form approved by the authorized federal executive body specified regarding 1 article 23 of this Federal Law.";

6) in Article 23.3:

a) part 3.1 after words "the register of the conclusions)," to add with the words "subject of the Russian Federation", after words "self-government, Fund," to add with the words "Fund of the Subject of the Russian Federation, Receiver";

b) add part 5 with Item 6 of the following content:

"6) the data which are the basis for exception of problem objects of the unified register of problem objects according to part 1.4 of article 23.1 of this Federal Law.";

c) in part 6.3:

in Item 2 of the word of "residential appointment" shall be replaced with words "which construction is performed according to this Federal Law";

in item 4 of the word of "residential appointment" shall be replaced with words "which construction is performed according to this Federal Law";

d) add part 7 with Item 4.1 of the following content:

"4. 1) information on objects of construction in progress concerning which payment of insurance indemnity to all citizens - to participants of shared-equity construction whose money is raised for construction of the corresponding problem object included in the unified register of problem objects within the insurance contract of the civil responsibility of the builder for non-execution or improper execution of obligations on transfer of premises according to the contribution agreement in shared-equity construction is made;";

e) add with parts 7.1 - 7.3 following of content:

"7.1. The subject of the Russian Federation places with use of personal account in system:

1) data on executive body of the government of the subject of the Russian Federation and the officials of such body given authority on placement of information in system;

2) the petition for recovery of the rights of citizens signed by the management official of the subject of the Russian Federation (the head of the supreme executive body of the government of the subject of the Russian Federation) whose money is raised for construction of the apartment houses and (or) other real estate objects included in the unified register of the problem objects located in the territory of such subject of the Russian Federation, sent to Fund for the purpose of adoption by it of the decision on financing of the actions provided by part 2 of article 13.1 of the Federal Law of July 29, 2017 No. 218-FZ "About the public company on protection of the rights of citizens - participants of shared-equity construction in case of insolvency (bankruptcy) of builders and about modification of separate legal acts of the Russian Federation", on the bases, according to the procedure and in form which are established by the Government of the Russian Federation;

3) the copies of documents attached to the petition specified in Item 2 of this part which list is established by the Government of the Russian Federation;

4) other information specified in this Federal Law, other legal acts of the Russian Federation adopted according to them regulatory legal acts of the Government of the Russian Federation.

7.2. The fund of the subject of the Russian Federation places with use of personal account in system:

1) schedule of completion of construction;

2) requests for financing;

3) acts of financing;

4) source accounting documents according to the Federal Law of December 6, 2011 No. 402-FZ "About financial accounting", the confirmatory completion expenses of construction of the apartment houses and (or) other real estate objects included in the unified register of problem objects incurred by Fund of the subject of the Russian Federation;

5) reports on achievement of measure values of effectiveness;

6) other information specified in this Federal Law, other legal acts of the Russian Federation adopted according to them regulatory legal acts of the Government of the Russian Federation.

7.3. The receiver places with use of personal account in system:

1) the data and documents provided by paragraphs first, third - the tenth Item 2.3-1 of article 201.1 of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)";

2) data on the amount of exceeding of value of the rights of the builder on the parcel of land with the inseparable improvements which are on it which is subject to transfer to the acquirer over the cumulative size of requirements of the participants of construction included in the register of requirements of participants of construction (in the presence);

3) the documents confirming the right of the participant of construction to premises, parking places and non-residential premises (the area no more than 7 square meters) or monetary claims of participants of construction;

4) the plan of object of construction in progress with indication of the number of the residential and non-residential premises which are in its structure and the planned area of each of them;

5) the project documentation of the builder including all changes made to it, and results of engineering researches;

6) data on availability of the agreements on technological accession of object of construction in progress to networks of engineering facilities, their cost signed with the resource supplying organizations, including specifications of accession of such object to engineering networks, and also data on payment under contracts of technological accession with application of copies of agreements and payment orders;

7) information on objects of construction in progress (location, degree of construction readiness) concerning which the receiver according to Item 2 of article 201.12-1 of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" performs search and involvement of the builder who will be acquirer for the purpose of settlement of obligations of the builder to participants of construction according to the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)". The specified information is subject to placement no later than fifteen working days about day of holding meeting of participants of construction, stipulated in Item 3 articles 201.12-1 of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)";

8) other information specified in this Federal Law, other legal acts of the Russian Federation adopted according to them regulatory legal acts of the Government of the Russian Federation.";

7) part 1 of Article 23.4 after the words "Interaction of Authorized Body" to add with words "subjects of the Russian Federation,", after words "monitoring bodies, Fund," to add with words "Funds of subjects of the Russian Federation, receivers".

Article 2

Article 24.6 of the Federal Law of June 24, 1998 No. 89-FZ "About production wastes and consumption" (The Russian Federation Code, 1998, No. 26, Art. 3009; 2015, No. 1, Art. 11; 2016, No. 1, Art. 24; 2018, No. 1, Art. 87; No. 30, the Art. 4127) to add 2019, with Items 12 and 13 of the following content:

"12. The regional operators performing activities in the territory of the subject of the Russian Federation - the federal city of Moscow, St. Petersburg or Sevastopol, have the right to involve operators according to the appeal with solid utility waste in rendering complex service in the address with solid utility waste (collection, transportation, processing, neutralization, utilization and burial of solid utility waste) by results of the biddings according to the procedure, No. 223-FZ established by the Federal Law of July 18, 2011 "About purchases of goods, works, services as separate types of legal entities". Conditions of tendering, provided by this Item, are subject to approval of authorized body of the executive authority of the subject of the Russian Federation - the federal cities.

13. If in the territory of the subject of the Russian Federation - the federal city of Moscow, St. Petersburg or Sevastopol the complex service in the address with solid utility waste, stipulated in Item the 12th this Article is rendered:

the cases established according to Item 3 of article 24.8 of this Federal Law in case of which service prices on transportation of solid utility waste for the regional operator are created by results of the biddings and procedure for carrying out such biddings are not applied;

the operators according to the address with solid utility waste owning objects of processing, neutralization the burials of solid utility waste specified in Item 10 of this Article shall accept the solid utility waste including which arrived from other subjects of the Russian Federation taking into account the agreement signed between subjects of the Russian Federation based on the documents specified in Item 10 of this Article and also based on agreements on implementation of the regulated types of activity in the field of the address with solid utility waste signed with operators according to the address with the solid utility waste rendering complex service in the address with solid utility waste and have no right to refuse the conclusion of such agreements;

the operator according to the address with solid utility waste rendering complex service in the address with solid utility waste has the right to involve other operators according to the appeal with solid utility waste in rendering services in transportation, utilization of solid utility waste.".

Article 3

Article 41 of the Federal Law of May 31, 2001 No. 73-FZ "About the state judicial and expert activities in the Russian Federation" (The Russian Federation Code, 2001, No. 23, Art. 2291; No. 48, the Art. 6165) to add 2013, with part three of the following content:

"The government of the Russian Federation can establish the list of types of the judicial expertizes which are carried out by exclusively state judicial and expert organizations.".

Article 4

Bring in the Land code of the Russian Federation (The Russian Federation Code, 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; 2017, No. 27, Art. 3938; No. 31, Art. 4765, 4766; 2018, No. 1, Art. 90; No. 27, Art. 3947, 3954; No. 28, Art. 4139; No. 32, Art. 5133; No. 53, Art. 8411; 2019, No. 31, Art. 4442; No. 52, Art. 7820; 2020, No. 29, Art. 4504, 4512; No. 42, Art. 6505; No. 52, Art. 8581; 2021, No. 1, Art. 33; No. 17, Art. 2878) following changes:

Article 39.4 to add 1) with Item 1.1 of the following content:

"1.1. The price of the parcel of land established by results of tendering cannot be disputed separately from results of the biddings.";

2) Item 2 of Article 39.6:

a) "Arbitration Court" to add subitem 3.2 after words with the words "concerning such parcel of land";

b) add with the subitem of 41 following contents:

"41) the parcel of land of the public company "Fund of Protection of the Rights of Citizens — Participants of Shared-equity Construction" for implementation of the functions and powers provided by the Federal Law of July 29, 2017 No. 218-FZ "About the public company on protection of the rights of citizens - participants of shared-equity construction in case of insolvency (bankruptcy) of builders and about modification of separate legal acts of the Russian Federation" if completion of construction of facilities of construction in progress (construction of facilities of capital construction) on the parcel of land transferred (which can be transferred) is impossible for the specified public company on the bases provided by the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" in connection with availability of the restrictions set by land and other legislation of the Russian Federation in case of confirmation of availability of such restrictions with federal executive body, executive body of the subject of the Russian Federation, the local government body authorized on issue of construction licenses according to the Town-planning code of the Russian Federation.";

3) Item 2 of Article 39.10 to add with the subitem 22 following of content:

"22) the public company "Fund of Protection of the Rights of Citizens — Participants of Shared-equity Construction" for implementation of the functions and powers provided by the Federal Law of July 29, 2017 No. 218-FZ "About the public company on protection of the rights of citizens - participants of shared-equity construction in case of insolvency (bankruptcy) of builders and about modification of separate legal acts of the Russian Federation" if completion of construction of facilities of construction in progress (construction of facilities of capital construction) on the parcel of land transferred (which can be transferred) is impossible for the specified public company on the bases provided by the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" in connection with availability of the restrictions set by land and other legislation of the Russian Federation in case of confirmation of availability of such restrictions with federal executive body, executive body of the subject of the Russian Federation, the local government body authorized on issue of construction licenses according to the Town-planning code of the Russian Federation.".

Article 5

Bring in the Federal Law of December 21, 2001 No. 178-FZ "About privatization of the state-owned and municipal property" (The Russian Federation Code, 2002, No. 4, Art. 251; 2010, No. 23, Art. 2788; 2011, No. 29, Art. 4292; No. 50, Art. 7343; 2014, No. 43, Art. 5799; 2015, No. 27, Art. 3971; 2019, No. 14, Art. 1458; No. 31, Art. 4460) following changes:

Article 18 to add 1) with Item 14.1 of the following content:

"14.1. The price of the state-owned or municipal property established by results of holding the auction cannot be disputed separately from results of auction.";

Article 20 to add 2) with Item 13.1 of the following content:

"13.1. The price of the state-owned or municipal property established by results of carrying out tender cannot be disputed separately from results of tender.".

Article 6

Bring in the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" (The Russian Federation Code, 2002, No. 43, Art. 4190; 2011, No. 29, Art. 4301; 2013, No. 27, Art. 3481; No. 27, Art. 4237; 2017, No. 31, Art. 4767; 2018, No. 28, Art. 4139; No. 53, Art. 8404; 2019, No. 26, Art. 3317; 2020, No. 29, Art. 4512) following changes:

1) in Article 201.1:

a) add Item 2.1 with the paragraph of the following content:

"The candidate for accreditation on whom the decision on refusal in accreditation in case of its discrepancy to accreditation conditions is made has the right to file repeatedly petition for accreditation after year from decision date about refusal in accreditation.";

b) in Item 2.3-1:

the paragraph one to state in the following edition:

"2.3-1. No later than seven working days following behind day of adoption by Arbitration Court of the decision on recognition of the debtor by the bankrupt and about opening of bankruptcy proceedings or removal of determination about application in case of bankruptcy of the debtor of rules of this paragraph, the receiver sends to Fund electronically with use of personal account in unified information system of housing construction accounting (financial) records of the debtor, and also provides access to all documents of the builder. After adoption by Fund of the decision on feasibility of financing of the actions specified regarding the 2nd article 13.1 of the Federal Law of July 29, 2017 to No. 218-FZ "About the public company on protection of the rights of citizens - participants of shared-equity construction in case of insolvency (bankruptcy) of builders and about modification of separate legal acts of the Russian Federation", the arbitration manager at the request of Fund, but represents not to thicket of once a month to Fund electronically with use of personal account in unified information system of housing construction within seven calendar days from the date of receipt of request of Fund accounting and statistical records of the builder, and also information on the course of bankruptcy proceedings (external management) of the builder, including the data specified in Item 2 of article 143 of this Federal Law.";

in the paragraph the second to replace the word of "three" with the word of "two", after the words "represents to Fund" to add with the words "electronically with use of personal account in unified information system of housing construction";

add with the new paragraph the ninth the following content:

"the documents confirming justification of requirements of the participant of construction and their inclusion in the register of requirements of participants of construction, including the fact of the complete or partial payment performed by the participant of construction in pursuance of the obligations to the builder under the agreement providing transfer of premises and (or) the agreement providing transfer of the parking place, non-residential premise, the become effective court resolutions or other documents;";

paragraphs nine and ten consider as paragraphs ten and eleven respectively;

add with the paragraph the twelfth the following content:

"In case of absence at the receiver of technical capability of the direction electronically with use of personal account in unified information system of housing construction of the documents and data specified in this Item, the specified documents and data are represented to receivers to Fund on paper.";

the eleventh to consider the paragraph the paragraph the thirteenth;

c) add with Item 10 of the following content:

"10. From the date of adoption by Arbitration Court of the decision on recognition of the debtor by the bankrupt and about opening of bankruptcy proceedings or removal of determination about application in case of bankruptcy of the debtor of rules of this paragraph until the expiration of six months from the date of acceptance by Arbitration Court of the specified court resolution, and in case of adoption by Fund of the decision on financing of the actions specified in Item 5 of part 2 of article 13.1 of the Federal Law of July 29, 2017 to No. 218-FZ "About the public company on protection of the rights of citizens - participants of shared-equity construction in case of insolvency (bankruptcy) of builders and about modification of separate legal acts of the Russian Federation", before the expiration, stipulated in Item 1 article 201.15-2-2 of this Federal Law, or removal by Arbitration Court of the determination specified in the subitem 2 of Item 12 of article 201.15-2-2 of this Federal Law, sale of the parcel of land the object (objects) of construction in progress located on it concerning which funds of participants of construction were raised inseparable improvements of such parcel of land, the rights to the project documentation including all changes made to it are not performed.";

2) in Article 201.4:

a) add Item 3 with the paragraph of the following content:

"The fund has the right to study the register of requirements of participants of construction and the bases for inclusion of requirements of participants of construction in such register, and also to declare objections by results of consideration of the register of requirements of participants of construction in the Arbitration Court considering case on bankruptcy which considers such objections according to the procedure, stipulated in Clause the 60th this Federal Law if the register of requirements of participants of construction is closed before the date of receipt by Fund of the petition of the subject of the Russian Federation for recovery of the rights of citizens whose money is raised for construction of apartment houses and (or) other real estate objects.";

b) the paragraph one of item 4 to state in the following edition:

"4. The register of requirements of creditors is subject to closing after two months from the date of publication of data on recognition of the debtor by the bankrupt and about opening of bankruptcy proceedings. Requirements of participants of construction join in the register of requirements of participants of construction in case of presentation of the specified requirements no later than forty five days from the date of receipt of the notification of the receiver, stipulated in Item 2 these Articles, irrespective of closing date of such register. The specified notification of the receiver is considered received after fifteen days from the date of its publication according to the procedure, stipulated in Clause the 28th this Federal Law. In case of the omission of the term specified in this Item on reasonable excuse it can be recovered by Arbitration Court.";

c) in Item 7:

in paragraph one to replace the word of "thirty" with the word of "fifteen";

add with the new paragraph the second the following content:

"In case of participation of Fund in the case of bankruptcy of builder the receiver within implementation of actions, provided by paragraph one of this Item, sends to Fund the documents proving requirements of the participant of construction not later than in five working days from the date of their obtaining. The fund within five working days considers the specified documents and represents to the receiver line item concerning justification of the imposed requirement of the participant of construction.";

paragraphs two and third to consider respectively paragraphs the third and fourth.

Article 7

Item 37 of part 1 of article 26 of the Federal Law of July 13, 2015 No. 218-FZ "About state registration of the real estate" (The Russian Federation Code, 2015, No. 29, Art. 4344; 2016, No. 26, Art. 3890; No. 27, Art. 4237, 4248, 4294; 2017, No. 31, Art. 4767, 4829; 2018, No. 1, Art. 90; No. 27, Art. 3954; No. 28, Art. 4139; No. 32, Art. 5133; No. 53, Art. 8404, 8464; 2019, No. 25, Art. 3170; 2020, No. 29, Art. 4512; No. 18, the Art. 3064) to add 2021, with words ", except as specified, established by the Federal Laws".

Article 8

Bring in the Federal Law of July 13, 2015 No. 225-FZ "About assistance to development and increase in management efficiency in the housing sphere and about modification of separate legal acts of the Russian Federation" (The Russian Federation Code, 2015, No. 29, Art. 4351; 2016, No. 26, Art. 3890; 2017, No. 31, Art. 4767; 2018, No. 1, Art. 90; 2019, No. 26, Art. 3317; No. 31, Art. 4430; No. 49, Art. 6960; 2020, No. 29, Art. 4512; 2021, No. 1, Art. 33) following changes:

Item 3.1 of part 4 of Article 2 to add 1) with the words "and this Federal Law (further-unified information system of housing construction), is also her operator";

To add 2) with Article 5.2 of the following content:

"Article 5.2. Unified information system of housing construction

1. For the purpose of creation of legal and organizational basis for providing citizens, public authorities, local government bodies and the organizations with information in the field of housing construction the single institute of development in the housing sphere creates, operates and modernizes unified information system of housing construction, including performs collection, information processing for its inclusion in this information system, storage of such information, ensuring access to it, its provision, placement and distribution.

2. The unified information system of housing construction represents set of information containing in databases and the information technologies and technical means intended for complex automation of processes of collection, information processing in the housing sphere and providing all types of information exchange (exchange) according to regulatory legal acts of the Russian Federation providing its processing.

3. In unified information system of housing construction are subject to placement:

1) information and documents provided by the Federal Law of December 30, 2004 No. 214-FZ "About participation in shared-equity construction of apartment houses and other real estate objects and about modification of some legal acts of the Russian Federation";

2) information and documents concerning the apartment houses, apartment houses of the blocked building consisting of several blocks which construction is performed without attraction of money of citizens and legal entities for shared-equity construction of apartment houses and (or) other real estate objects according to the Federal Law of December 30, 2004 No. 214-FZ "About participation in shared-equity construction of apartment houses and other real estate objects and about modification of some legal acts of the Russian Federation":

a) the permission for construction of capital construction project, the decision on cancellation of the permission for construction of capital construction project, on modification of the specified construction license, permission to commissioning of capital construction project;

b) information about the builder of capital construction project;

c) data on documents of title on the parcel of land which is subject to building;

d) quantity and types of capital construction projects under construction of residential appointment, their location, area and description of the main characteristics, expected date of receipt of permission to commissioning of capital construction projects;

3) other data, information and documents provided by the Federal Laws and regulatory legal acts of the Government of the Russian Federation.

4. Subjects of information are persons who according to the Federal Laws and other regulatory legal acts of the Russian Federation shall place information in unified information system of housing construction and (or) perform information exchange (exchange) with use of unified information system of housing construction.

5. The procedure, methods, terms and frequency of placement of information by subjects in unified information system of housing construction of information, structure included in the placed information of data, types and names of the documents placed in unified information system of housing construction in the form of their electronic images are established by the Government of the Russian Federation.

6. Information and documents which are subject to placement in unified information system of housing construction contain in the state and (or) municipal information systems and (or) join in the state and (or) municipal information systems without fail, including in information systems of ensuring town-planning activities, and also contain in registers which maintaining is performed according to the Federal Laws, are subject to placement in unified information system of housing construction in the automatic or automated mode from such state or municipal information systems, including from information system of ensuring town-planning activities, and registers, or provision of information and documents from the specified information systems and registers is provided with their operators and owners of information without collection of payment.

7. Information provided by subitems "b" - "" of Item 2 of part 3 of this Article, is subject to placement after placement in unified information system of housing construction of the permission for construction of capital construction project by person who according to the legislation on town-planning activities acts as the builder of capital construction project.

8. Interaction by means of unified information system of housing construction of physical persons and legal entities by provision by it of the state and municipal services (functions), and also realization of other services (services) is performed with use of the Federal state information system "Single Portal of the State and Municipal Services (Functions)" in cases and procedure which are established by the Government of the Russian Federation.".

Article 9

Bring in the Federal Law of July 29, 2017 No. 218-FZ "About the public company on protection of the rights of citizens - participants of shared-equity construction in case of insolvency (bankruptcy) of builders and about modification of separate legal acts of the Russian Federation" (The Russian Federation Code, 2017, No. 31, Art. 4767; 2018, No. 28, Art. 4139; No. 53, Art. 8404; 2019, No. 26, Art. 3317; No. 31, Art. 4420; No. 44, Art. 6180; 2020, No. 29, Art. 4512; 2021, No. 1, Art. 81) following changes:

1) in Article 3:

a) in part 1:

Item 5.4 after the words "on the parcels of land" to add with the words "including";

add with Items 5.6 and 5.7 of the following content:

"5. 6) making as the agent of non-profit organization in the form of business of fund created by the subject of the Russian Federation according to article 21.1 of the Federal Law of December 30, 2004 No. 214-FZ "About participation in shared-equity construction of apartment houses and other real estate objects and about modification of some legal acts of the Russian Federation" (further - Fund of the subject of the Russian Federation), legal and other acts, including the transactions connected with realization of residential and non-residential premises, parking places in the objects which are in property of Fund of the subject of the Russian Federation which completion of construction was performed with attraction of financial resources of Fund, according to the procedure, established by the Government of the Russian Federation;

5. 7) implementation of functions of the technical customer, including carrying out by Fund or the legal entity of construction supervision who is specially created by it for these purposes, including by creation by Fund for the purposes of implementation of such functions of the special legal entity, concerning apartment houses and (or) other real estate objects which completion of construction is performed by Fund of the subject of the Russian Federation with use of the money provided by Fund;";

b) add part 2 with Item 2.1 of the following content:

"2. 1) to create commercial and non-profit organizations in the territory of the Russian Federation for goal achievement of creation of Fund, established according to this Federal Law, to bring in the authorized capital of such organizations the parcels of land with the inseparable improvements which are on them, transferred to Fund for the bases, the stipulated in Article 201.15-2-2 Federal Laws of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)";";

2) in Article 9.1:

a) add with part 1.1 following of content:

"1.1. For the purpose of settlement of obligations of the builder to participants of construction according to the procedure, the stipulated in Clause 201.15-1 Federal Laws of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)", in case of impossibility of completion of construction of facilities of construction in progress on the parcel of land on which is or shall be constructed construction object, in connection with availability of the restrictions set by land and other legislation of the Russian Federation, the Fund can make the decision on financing of actions for construction of apartment houses and (or) other real estate objects on other parcel of land which is in the state-owned or municipal property and provided to Fund in lease or in free use according to the land legislation for construction of apartment houses and other real estate objects. In case of decision making about financing of actions for construction of apartment houses and (or) other real estate objects the Fund performs preparation of the project documentation which can provide change of the project documentation of objects of construction in progress, carries out engineering researches for construction (creation) of the apartment houses and (or) other real estate objects specified in this part, and also carries out expertize of such project documentation and results of engineering researches. The actions specified in this part are performed by Fund at the expense of the property, including at the expense of the money received as property fee of the Russian Federation and other public legal entities according to article 13.1 of this Federal Law.";

b) in part 3:

the paragraph one after words of "infrastructure facilities" to add with words ", to construction of the apartment houses and (or) other real estate objects specified in part 1.1 of this Article";

in Item 2 after the words "performs Fund" to add with the words "or the legal entity who is specially created for these purposes by Fund", after words "the specified functions to Fund" to add with the words "and to the legal entity who is specially created for these purposes by Fund", words "capital construction;" shall be replaced with words "capital construction. The Government of the Russian Federation has the right to make the decision on carrying out construction supervision on objects which completion of construction performs Fund the federal executive body performing functions on the development and realization of state policy and normative legal regulation in the field of construction, architecture, town planning or subordinated to the specified body state (budget or autonomous) organization;";

c) state part 4 in the following edition:

"4. The fund has the right to raise funds of citizens and legal entities under agreements of participation in shared-equity construction without requirements, the stipulated in Clause 15.4 Federal Laws of December 30, 2004 No. 214-FZ "About participation in shared-equity construction of apartment houses and other real estate objects and about modification of some legal acts of the Russian Federation", on the objects transferred within settlement of obligations of the builder according to articles 201.15-1 and 201.15-2 of the Federal Law of October 26, 2002 to No. 127-FZ "About insolvency (bankruptcy)".";

3) in Article 9.2:

a) add with part 1.1 following of content:

"1.1. The functions of authorized bank in the field of housing construction provided by this Federal Law in the territories of the Republic of Crimea and the federal city of Sevastopol are performed by the authorized bank determined by the decision of the Government of the Russian Federation.";

b) to add Item 2 of part 2 with words ", and also received by Fund from participants of shared-equity construction according to part 2.2-2 of article 3 of the Federal Law of December 30, 2004 No. 214-FZ "About participation in shared-equity construction of apartment houses and other real estate objects and about modification of some legal acts of the Russian Federation";

4) in Item 2 of part 5.1 of Article 10 of the word "other agreements of participation in shared-equity construction." shall be replaced with words "other agreements of participation in shared-equity construction, except for case of assignment of rights and obligations of the builder to the acquirer according to the procedure, the stipulated in Article 201.15-1 Federal Laws of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)".";

5) in Article 11:

a) in part 5.2:

in Item 1 of the word", Article 3. Part 4 of Article 19" to exclude 1,;

to add Item 2.1 after words of "Article 3" with words ", Article 3. 1, part 4 of Article 19";

b) add with parts 6.1 and 6.2 of the following content:

"6.1. The fund on permanent basis according to the procedure approved by the supervisory board of Fund performs monitoring of realization by subjects of the Russian Federation of actions for recovery of the rights of citizens whose money is raised for construction of the apartment houses and (or) other real estate objects included in the unified register of the problem objects located in the territories of subjects of the Russian Federation based on the subjects of the Russian Federation (heads of the supreme bodies of the government of subjects of the Russian Federation) approved by management officials according to part 4 of article 23 of the Federal Law of December 30, 2004 in No. 214-FZ "About participation in shared-equity construction of apartment houses and other real estate objects and about modification of some legal acts of the Russian Federation" scheduled plans of realization of such actions.

6.2. By results of monitoring of realization by the subject of the Russian Federation of actions for recovery of the rights of citizens whose money is raised for construction of the apartment houses and (or) other real estate objects included in the unified register of the problem objects located in the territory of the subject of the Russian Federation, the Fund sends the quarterly report to authorized body.";

Article 13 to add 6) with part 8 of the following content:

"8. In case of implementation of payments to participants of construction the money received by Fund as satisfaction of requirements according to the paragraph third the subitem 3 of Item 1 of article 201.9 of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" shall be distributed between Fund and the budget of the subject of the Russian Federation or public legal entity is pro rata to the amount of joint financing according to the decision of Fund on financing.";

7) in Article 13.1:

a) in part 1:

in Item 3.2 of the word "non-profit organization in the form of business of fund created by the subject of the Russian Federation (further - Fund of the subject of the Russian Federation), according to article 21.1 of the Federal Law of December 30, 2004 "About participation in shared-equity construction of apartment houses and other real estate objects and about modification of some legal acts of the Russian Federation" shall be replaced with words No. 214-FZ "Fund of the subject of the Russian Federation";

add with Items 3.3 - 3.5 following of content:

"3. 3) financing of the actions connected with content and protection of the parcels of land with being on them inseparable improvements transferred to Fund for the bases, the stipulated in Article 201.15-2-2 Federal Laws of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" on which the Fund makes decisions on realization of the specified property, construction (completion of construction) on the received parcel of land of apartment houses and other real estate objects or on realization together with subjects of the Russian Federation of programs (projects) on which property rights are subject to realization according to article 13.4 of this Federal Law, and also about construction of apartment houses and other real estate objects on the bases provided by part 1.1 of Article 9. 1, part 1 of article 13.4 of this Federal Law;

3. 4) financing of preparation of the project documentation, accomplishment of engineering researches, and also conducting examination of the project documentation and results of the engineering researches necessary for construction (creation) of the apartment houses and (or) other real estate objects specified in Item 3.3 of this part;

3. 5) payment and (or) expense recovery for fee of the specialized organizations which are members of the self-regulatory organizations based on membership of the persons which are performing preparation of the project documentation and having the right to implementation of works on inspection of building constructions of buildings and constructions in cases if need of carrying out such inspection is stipulated by the legislation about town-planning activities, fee of the specialized organizations for the determination of degree of readiness and assessment of market value of object of construction in progress, terms necessary for completion of construction, and the amount of the financing necessary for completion of construction of facilities by which decision making about financing is required;";

b) in part 2:

the paragraph one after words of "objects of construction in progress" to add with the words "on construction of apartment houses and (or) other real estate objects on the bases provided by part 1.1 of article 9.1 of this Federal Law";

add with Items 1.1 and 1.2 of the following content:

"1. 1) on financing of construction of apartment houses and other real estate objects on the bases provided by part 1.1 of article 9.1 of this Federal Law;

1. 2) on financing of preparation of the project documentation, accomplishment of engineering researches, and also conducting examination of the project documentation and results of the engineering researches necessary for construction (creation) of the apartment houses and (or) other real estate objects specified regarding 1.1 articles 9.1 of this Federal Law;";

c) state part 3.1-1 in the following edition:

"3.1-1. Decision making of Fund about financing of actions for completion of construction of facilities of construction in progress, to construction of apartment houses and other real estate objects on the bases provided by part 1.1 of article 9.1 of this Federal Law is possible if the amount of such financing determined according to the procedure, established by the Government of the Russian Federation, does not exceed the maximum size of possible payments of compensation to citizens - to the participants of construction having requirements about transfer of premises, parking places and non-residential premises.";

d) part 6 after the words "money of participants of construction" to add with words of "procedure for construction of apartment houses and other real estate objects on the bases provided by part 1.1 of article 9.1 of this Federal Law";

8) in Article 13.4:

a) part 1 after the words "the specified property" to add with the words "including by entering into the authorized capital of the commercial and non-profit organizations created by Fund", to add with the offer of the following content: "In the presence of restrictions of use of the parcel of land which is built up or is subject to building and on which is or the construction object shall be constructed, in connection with its arrangement in borders of zones with special conditions of use of the territories and (or) availability of restrictions of use of objects of construction in progress other parcel of land which is in the state-owned or municipal property in lease or in free use according to the land legislation for construction of apartment houses and other real estate objects can be provided to Fund.";

b) add with parts 4.1 - 4.3 following of content:

"4.1. In case of adoption by Fund of the decision on financing of the actions performed by Fund of the subject of the Russian Federation according to Item 3.2 of part 1 of article 13.1 of this Federal Law residential and non-residential premises, parking places concerning which there are no requirements of citizens and (or) money received from realization of such real estate units shall be distributed between Fund and the subject of the Russian Federation is pro rata to the amount of joint financing according to the decision of Fund on financing.

4.2. The money received from realization of the real estate units specified in part 4.1 of this Article is listed by Fund the subject of the Russian Federation Fonda, except for cash amounts, expenses of Fund of the subject of the Russian Federation on realization of such real estate objects, necessary for repayment.

4.3. Residential and non-residential premises, parking places concerning which there are no requirements of citizens are distributed based on the agreement signed between Fund, the subject of the Russian Federation and Fund of the subject of the Russian Federation.".

Article 10

The subject of the Russian Federation before completion of bankruptcy proceedings has the right to transfer according to the procedure, provided by the law of the subject of the Russian Federation, to property to the citizens having monetary claims within case on bankruptcy of builder which arose from the agreements of participation in shared-equity construction providing transfer of non-residential premises in apartment houses, other non-residential premises which are not relating to common property in such apartment houses in case of concession from the specified citizens of the rights of requirements to the builder declared bankrupt, to the subject of the Russian Federation, except for citizens who acquired the right to claim about transfer of non-residential premises in apartment houses after recognition of the builder by the bankrupt and opening of bankruptcy proceedings.

Article 11

1. This Federal Law becomes effective from the date of its official publication.

2. Provisions of part 2.2-2 of article 3 of the Federal Law of December 30, 2004 No. 214-FZ "About participation in shared-equity construction of apartment houses and other real estate objects and about modification of some legal acts of the Russian Federation" and parts 4 of article 9.1 of the Federal Law of July 29, 2017 "About the public company on protection of the rights of citizens - participants of shared-equity construction in case of insolvency (bankruptcy) of builders and about modification of separate legal acts of the Russian Federation" (in edition of this Federal Law) are applied No. 218-FZ to the agreements of participation in shared-equity construction signed after day of entry into force of this Federal Law.

3. Provisions of item 4 of article 201.4 of the Federal Law of October 26, 2002 "About insolvency (bankruptcy)" (in edition of this Federal Law) are applied No. 127-FZ in cases on bankruptcy of builders on which production is initiated after day of entry into force of this Federal Law.

4. Before realization of technical capability of placement of information and documents according to part 6 of article 5.2 of the Federal Law of July 13, 2015 No. 225-FZ "About assistance to development and increase in management efficiency in the housing sphere and about modification of separate legal acts of the Russian Federation" the federal executive body, executive body of the subject of the Russian Federation, local government body authorized on issue of construction licenses according to the Town-planning code of the Russian Federation place in unified information system of housing construction information and documents provided by the subitem "an" of Item 2 and Item 3 of part 3 of article 5.2 of the Federal Law of July 13, 2015 No. 225-FZ "About assistance to development and increase in management efficiency in the housing sphere and about modification of separate legal acts of the Russian Federation".

 

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