FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 30, 2021 No. 436-FZ

About introduction of amendments to the Federal law "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" and separate legal acts of the Russian Federation

Accepted by the State Duma on December 16, 2021

Approved by the Federation Council on December 24, 2021

Article 1

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. 1, Art. 54; No. 28, Art. 4139; No. 49, Art. 7524; 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; No. 27, Art. 5101) following changes:

"The public company on protection of the rights of citizens - participants of shared-equity construction in case of insolvency (bankruptcy) of builders and" shall be replaced with words 1) in the name of the word "the public company "Fund of Development of the Territories" and";

To add 2) after the name with the paragraph of the following content:

"Chapter 1. General provisions";

"The public company on protection of the rights of citizens - participants of shared-equity construction" shall be replaced with words 3) in Article 1 of the word "the public company "Fund of Development of the Territories";

Article 2 to state 4) in the following edition:

"Article 2. Purpose and procedure for creation of the public company

1. The public company "Fund of Development of the Territories" (further - Fund) - the unitary non-profit organization created by the Russian Federation for the purpose of implementation of the functions and powers of public nature provided by this Federal Law.

2. Founder of Fund is the Russian Federation. Functions and powers of the founder of Fund on behalf of the Russian Federation are performed by the federal executive body performing functions on development and realization of state policy and normative legal regulation in the field of construction, architecture, town planning, housing policies, housing and communal services, shared-equity construction of apartment houses and (or) other real estate objects (further - authorized body).

3. The fund acts on the basis of the Charter, approved by the Government of the Russian Federation.

4. The location of Fund is the city of Moscow.";

Article 3 to state 5) in the following edition:

"Article 3. Purposes of activities, function, power and activities of Fund

1. Treat the purposes of activities of Fund:

1) creation of safe and favorable conditions for accommodation of citizens;

2) housing and communal services upgrade assistance, to forming of effective controling mechanisms housing stock, to implementation of resource-saving technologies;

3) ensuring reducing housing stock, unsuitable for accommodation;

4) assistance of realization of the state housing policies directed to increase in guarantees of protection of the rights and legitimate interests of citizens - participants of construction, including participants of shared-equity construction, members of the housing cooperatives having requirements about transfer of premises, parking places, non-residential premises. The participant of construction for the purpose of this Federal Law is understood as the physical person having to the builder the requirement about transfer of premises, the requirement about transfer of the parking place and (or) the non-residential premise or monetary claim according to the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)";

5) other purposes determined by the Government of the Russian Federation connected with ensuring sustainable development of the territories, creation of comfortable and favorable conditions for accommodation of citizens, protection of the rights and legitimate interests of citizens - participants of construction.

2. For goal achievement of activities, established by this Federal Law, the Fund performs the following functions and powers:

1) the functions and powers connected with protection of the rights and legitimate interests of citizens - participants of construction;

2) the functions and powers connected with assistance of upgrade of housing and communal services and ensuring reducing housing stock, unsuitable for accommodation;

3) the functions and powers connected with assistance in ensuring sustainable development of the territories and creation of comfortable and favorable conditions for accommodation of citizens;

4) other functions and powers provided by this Federal Law, other Federal Laws, and also regulatory legal acts of the Government of the Russian Federation adopted according to them.

3. To the functions and powers connected with protection of the rights and legitimate interests of citizens - participants of construction, belong:

1) forming of compensation fund due to obligatory expels (fees) of the builders raising money of participants of shared-equity construction according to the legislation on participation in shared-equity construction of apartment houses and (or) other real estate objects, and the property acquired due to investment of the specified money (further - compensation fund);

2) accounting of the arrived obligatory contributions (fees) of builders to compensation fund and interaction with the federal executive body and its territorial authorities performing the state cadastral registration, state registration of the rights, maintaining the Single state real estate register and provision of the data containing in the Single state real estate register (further - body of registration of the rights), according to the procedure, stipulated in Article the 11th this Federal Law, for the purpose of ensuring control of execution of obligation by the builder on payment of obligatory contributions (fees) to compensation fund;

3) payment at the expense of property of Fund of compensation to citizens - the participants of construction having requirements about transfer of premises, parking places, and also the non-residential premises determined by subitem 3.1 of Item 1 of article 201.1 of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" (further - non-residential premises), in case of insolvency (bankruptcy) of the builder, including housing cooperative, according to this Federal Law;

4) payment at the expense of property of Fund of compensation to the citizens who are members of housing cooperative or other specialized consumer cooperative which is created according to article 201.10 of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" and to which the rights of the builder to object of construction in progress and the parcel of land were transferred (further - cooperative) if requirements of the specified citizens were extinguished in the case of bankruptcy of builder by such transfer according to the register of requirements of participants of construction (the register of requirements about transfer of premises) and if the specified citizens have requirements about transfer of premises, parking places and (or) non-residential premises concerning the conforming cooperative;

5) interaction with the Pension Fund of the Russian Federation and its territorial authorities for transfer of part of compensation in case of payment to his citizen for the agreement providing transfer of premises in the amount of means (part of means) of the maternity (family) capital;

6) accreditation of arbitration managers for the purpose of implementation of powers of the receiver by them (the external managing director) in the case of bankruptcy of builder according to the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" according to the procedure, established by the federal executive body authorized by the Government of the Russian Federation on implementation of functions on development of state policy and normative legal regulation in the field of insolvency (bankruptcy) and financial improvement and approval of the training program of arbitration managers as receivers (external managing directors) in case of bankruptcy of builders;

7) financing at the expense of property of Fund of actions for completion of construction of apartment houses, houses of the blocked building (if the number of such houses makes three and more), buildings (constructions) intended only for placement of parking places (further - objects of construction in progress), and also on completion of construction (construction) of objects of technical infrastructure, the objects of social infrastructure intended for placement of the preschool educational organizations, general education organizations, polyclinics, objects of transport infrastructure and capital construction projects, providing connection (technological accession) of construction objects to networks of engineering facilities for the purpose of the subsequent voluntary conveyance of infrastructure facilities in the state-owned or municipal property (further - infrastructure facilities), including infrastructure facilities, necessary for ensuring input in case of completion of construction of facilities of construction in progress in operation;

8) issue of the guarantee, stipulated in Article 13.2 presents of the Federal Law;

9) realization of the property 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)" according to article 13.4 of this Federal Law;

10) 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;

11) implementation of construction, reconstruction of capital construction projects on the parcels of land, including the rights to which are 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)", according to parts 2 - 4 articles 3 of the Federal Law of December 30, 2020 No. 542-FZ "About introduction of amendments to article 201.15-2-2 of the Federal law "About Insolvency (Bankruptcy)" and articles 3 and 13.4 of the Federal law "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";

12) 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;

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