of November 24, 2014 No. 356-FZ
About introduction of amendments to the Federal law "About Assistance to Development of Housing Construction" and separate legal acts of the Russian Federation
Accepted by the State Duma on November 14, 2014
Approved by the Federation Council on November 19, 2014
Bring in the Federal Law of July 24, 2008 No. 161-FZ "About assistance to development of housing construction" (The Russian Federation Code, 2008, No. 30, Art. 3617; No. 49, Art. 5723; 2009, No. 19, Art. 2281; No. 52, Art. 6419; 2010, No. 22, Art. 2695; No. 30, Art. 3996, 3997; 2011, No. 1, Art. 19; No. 25, Art. 3531; No. 29, Art. 4291; No. 30, Art. 4562, 4592; No. 49, Art. 7027; 2012, No. 29, Art. 3998; No. 53, Art. 7615, 7643; 2013, No. 27, Art. 3477; No. 30, Art. 4072; 2014, No. 26, Art. 3377; No. 30, Art. 4260) following changes:
1) in Article 3:
a) in Item 1.1 of part 2 of the word "which technical and economic indicators and parameters correspond to conditions of reference of these premises" shall be replaced with words "which correspond to reference conditions";
b) add with part 2.1 following of content:
"2.1. For goal achievement of activities, the solution of the tasks determined by this Federal Law, the Fund acts as the agent of the Russian Federation and on its own behalf makes legal and other acts, including transactions, with the parcels of land and other real estate units which are in federal property, stipulated in Article the 11th this Federal Law other property concerning which the interdepartmental collegiate organ authorized by the Government of the Russian Federation (further - interdepartmental collegiate organ) the decision is accepted stipulated in Item 2 parts 1 of article 12 of this Federal Law.";
c) in part 3:
state Item 1 in the following edition:
"1) holds auctions for sale of the right to the conclusion of lease agreements of the parcels of land which are in federal property on which the interdepartmental collegiate organ makes the decision, stipulated in Item 2 parts 1 of article 12 of this Federal Law (further - the parcels of land of Fund), including with other property located on the parcels of land of Fund, being in federal property and stipulated in Article the 11th this Federal Law, for housing construction, including for their complex development for the purpose of housing construction, and also auctions for sale of the parcels of land of Fund for housing construction;";
in Item 1.2 of the word "in the case provided by part 13 of article 16.6 of this Federal Law" to exclude;
Item 3 after words "technoparks, business incubators," to add with words of "infrastructure facilities";
in Item 3.1 of the word "Items 1 -" shall be replaced with words 1.3 and 3 parts 5 of Article 4 "Items 1 - 5 parts 1 of Article 12.2";
state item 4 in the following edition:
"4) performs sale of the real estate units which are in federal property which are located on the parcels of land which are in federal property and on which the interdepartmental collegiate organ makes the decision, stipulated in Item 2 parts 1 of article 12 of this Federal Law (further also - Fund real estate units), along with the specified parcels of land;";
state Item 6 in the following edition:
"6) performs voluntary conveyance in property of the subject of the Russian Federation or municipal property of the parcels of land of Fund (including with the real estate units located on them):
a) the occupied objects of regional or local value which are in the property of the subject of the Russian Federation or municipal property or intended according to documents of territorial planning, documentation on the layout of the territory for placement of such objects;
b) located in the borders planned (changeable, again formed) the territories public, and also the occupied infrastructure facilities of the territories of general use (squares, streets, drives, highways, embankments, squares, boulevards and other objects) which are in property of the subject of the Russian Federation or municipal property;
c) occupied being in property of the subject of the Russian Federation or municipal property and necessary for ensuring educational activities hostels in the state or municipal educational organizations of the higher education and the professional educational organizations or intended according to documents of territorial planning, documentation on the layout of the territory for placement of such hostels;";
state Item 6.2 in the following edition:
"6. 2) performs sale of the parcels of land of Fund on which the objects of individual housing construction and other real estate units which are in property of citizens or legal entities (except for apartment houses), to these citizens or legal entities, except as specified, of stipulated in Item 6.4 these parts are located;";
state Item 7 in the following edition:
"7) is performed by formation of the parcels of land from the parcels of land which are in federal property, the parcels of land from lands on which state-owned property is not differentiated, concerning which the offers provided by Items 2 and 2.1 of part 7 of article 11 of this Federal Law, the parcels of land of Fund can be prepared;";
add with Item 7.1 of the following content:
"7. 1) is performed according to the land legislation by the conclusion of agreements on redistribution of the parcels of land of Fund and the parcels of land which are in the state-owned or municipal property or the parcels of land of Fund or the parcels of land on which state-owned property is not differentiated, and the parcels of land which are in private property;";
state Item 8 in the following edition:
"Sends 8) to interdepartmental collegiate organ of the offer, Articles specified in part 7 11, to part 6 of article 14 of this Federal Law;";
declare Item 10 invalid;
d) state part 4.2 in the following edition:
"4.2. For goal achievement of activities, the solution of the tasks determined by this Federal Law, the Fund for the order of the federal executive body performing functions on management of federal property disposes of the parcels of land on which state-owned property is not differentiated and concerning which interdepartmental collegiate organ the decision, is accepted methods which are specified regarding 1 article 12.2 of this Federal Law, taking into account features, the stipulated in Clause 16.7-1 present of the Federal Law stipulated in Item 2.1 parts 1 of article 12 of this Federal Law. The order Fund is not allowed by the parcels of land specified in this Item, different ways.";
2) ceased to be valid according to the Federal Law of the Russian Federation of 23.06.2016 No. 221-FZ
3) ceased to be valid according to the Federal Law of the Russian Federation of 29.12.2015 No. 405-FZ
4) ceased to be valid according to the Federal Law of the Russian Federation of 29.12.2015 No. 405-FZ
5) ceased to be valid according to the Federal Law of the Russian Federation of 23.06.2016 No. 221-FZ
6) in Article 11:
a) regarding 6.1 words "to preparation of the offers specified in Items 1 - 2.1 parts 7 of this Article, for transfer of the parcels of land" shall be replaced with words to "transfer of the parcels of land which are in federal property, the parcels of land on which state-owned property is not differentiated, or the parcels of land of Fund";
b) state part 6.3 in the following edition:
"6.3. In case of absence in the petition provided by part 6.1 of this Article, data on the parcels of land offered for transfer to cooperatives, the Fund performs actions for selection of the parcels of land from the parcels of land which are in federal property from lands or the parcels of land on which state-owned property is not differentiated, or from the parcels of land of Fund.";
c) regarding 6.6 words "parts 6.1 and 6.3" shall be replaced with words "part 6.1";
d) state part 6.8 in the following edition:
"6.8. Authorized bodies of the government of subjects of the Russian Federation according to offers of local government bodies have the right to address to Fund with petitions for the need for construction of housing of economy class for the purpose of the subsequent holding by Fund the auctions provided by Articles 16.6 - 16.6-2 presents of the Federal Law. The specified petitions shall contain the data provided by part 6.9 of this Article and also may contain data on the maximum amount of total area of buildings (except for apartment houses, apartment houses of the blocked building, objects of individual housing construction, objects of transport, utility and social infrastructures) and non-residential premises in apartment houses (except for rooms public) in total area of all buildings of the housing estate.";
e) to state Item 1 of part 6.9 in the following edition:
"1) the minimum total quantity of housing of economy class in the specific municipality (with indication of the minimum total quantity of necessary premises with certain number of rooms and the minimum size of total area of premises) for the purpose of ensuring with such housing the separate categories of citizens determined by the Government of the Russian Federation according to requirements of article 16.6 of this Federal Law, and also for the purpose of acquisition of such housing under the public and (or) municipal contracts public authorities, local government bodies;";
e) state part 6.10 in the following edition:
"6.10. For the purpose of preparation of offers on holding the auctions provided by Articles 16.6 - 16.6-2 presents of the Federal Law, based on the petitions specified in part 6.8 of this Article, the Fund performs actions for selection of the parcels of land from the parcels of land which are in federal property from lands or the parcels of land on which state-owned property is not differentiated, or from the parcels of land of Fund.";
g) to state Item 2 of part 7 in the following edition:
"2) feasibility of making by Fund of legal and other acts, including transactions, concerning the parcels of land, other real estate units which are in federal property as the agent of the Russian Federation for the purpose of housing construction, for placement of the objects intended for production of construction materials, products, designs for the purposes of housing construction, creation of industrial parks, technoparks, business incubators and other development of the territories;";
h) in part 8:
state Item 7 in the following edition:
"7) the organizations and carrying out concerning the parcel of land which is in federal property or the parcel of land formed of such parcel of land according to the petition specified in part 6.8 of this Article, auction according to the procedure and on conditions which are provided by Articles 16.6 - 16.6-2 presents of the Federal Law;";
in Item 9 to replace the word of "auction" with the word of "auctions", to exclude the words "on right to contract of free use by the parcel of land on which state-owned property is not differentiated, for construction of housing of economy class or in the case provided by part 13 of article 16.6 of this Federal Law, auction on right to contract of lease of such parcel of land for construction of housing of economy class", "Article 16.6" shall be replaced with words words "Articles 16.6 - 16.6-2";
i) in part 9:
paragraph two of ceased to be valid according to the Federal Law of the Russian Federation of 31.12.2017 No. 506-FZ
state Item 3 in the following edition:
"3) the approved boundary-setting plan or in the absence of this project the scheme of arrangement of the parcel of land or the parcels of land on the cadastral plan or the cadastral map of the corresponding territory if the parcel of land has to be formed;";
add with item 4 of the following content:
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