ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of October 7, 2017 No. 1233

About approval of Rules of payment of compensation by the public company "Fund of Development of the Territories" to citizens - to the participants of construction having requirements about transfer of premises, parking places and non-residential premises

The government of the Russian Federation decides:

Approve the enclosed Rules of payment of compensation by the public company "Fund of Development of the Territories" to citizens - to the participants of construction having requirements about transfer of premises, parking places and non-residential premises.

Approved by the Order of the Government of the Russian Federation of October 7, 2017 No. 1233

Rules of payment of compensation by the public company "Fund of Development of the Territories" to citizens - to the participants of construction having requirements about transfer of premises, parking places and non-residential premises

1. These rules establish compensation payment procedure to citizens - the participants of construction having requirements about transfer of the premises, parking places and non-residential premises determined by subitem 3.1 of Item 1 of article 201.1 of the Federal law "About Insolvency (Bankruptcy)", the constructions included in the register of requirements of participants (further respectively - citizens, compensation, non-residential premises).

These rules are also applied to implementation of payments to the citizens having the monetary claims included in the register of requirements of participants of construction and subjects to satisfaction according to the procedure, established by the paragraph the second the subitem 3 of Item 1 of article 201.9 of the Federal law "About Insolvency (Bankruptcy)", and also to the citizens specified in part 3.15 of article 13.1 of the Federal law "About the Public Company "Fund of Development of the Territories" and about Modification of Separate Legal Acts of the Russian Federation" (further - the Law).

2. Compensation payment to the citizens who filed petition for compensation payment is performed by the public company "Fund of Development of the Territories" (further - Fund).

3. Payment of compensation is performed based on the decision on financing of the actions specified in Item 5 of part 2 of article 13.1 of the Law made by Fund (further - the decision on financing), or decisions on change of the decision on financing of actions for completion of asset construction of construction in progress on the decision on financing of the actions specified in Item 5 of part 2 of article 13.1 of the Law (further - the decision on change of method of recovery of the rights of citizens).

The fund posts on the official site on the Internet the message on start date of reception of applications of citizens on compensation payment, and also on the place, time, form and procedure for reception of applications no later than 3 working days from the date of decision making about financing or decisions on change of method of recovery of the rights of citizens.

4. If the basis for payment of compensation is the decision on financing, then citizens have the right to file petition for payment of compensation from acceptance date by Fund of the decision on financing before date of completion of the procedure of bankruptcy proceedings of the builder. If the basis for payment of compensation is the decision on change of method of recovery of the rights of citizens, then citizens have the right to file petition for payment of compensation no later than 3 years from the date of placement on the website of Fund on the Internet of information on adoption by Fund of the decision on change of method of recovery of the rights of citizens.

5. In case of the address of the citizen with the statement for payment of compensation after the date specified in item 4 of these rules, payment of compensation can be performed in the presence of one of the following circumstances:

a) the address with the statement for payment of compensation was interfered by circumstance (force majeure), extraordinary and impreventable under the specified conditions;

b) the citizen passed (undergoes) military service or was (is) as a part of the Armed Forces of the Russian Federation (other troops, military forming, bodies) put on war footing - for such service (warlike situation);

c) the reason of the omission of the specified date is connected with the terms of inheritance acceptance or other valid circumstances connected with the identity of the citizen (including with his serious illness, helpless condition).

6. If the basis for payment of compensation is the decision on financing in case of the address about compensation payment the citizen represents:

a) the statement for payment of compensation in the form approved by Fund;

b) the identity document, or its copy certified in accordance with the established procedure;

c) the statement from the register of requirements of participants of construction about the size, structure and about priority of satisfaction of requirements;

d) the insurance number of the individual ledger account of the applicant in system of mandatory pension insurance, and also in case of use for acquisition of real estate object concerning which the Fund pays compensation, means of the maternity (family) capital - the insurance number of the individual ledger account in system of mandatory pension insurance of person who received the certificate on the maternity (family) capital.

6(1). If the basis for payment of compensation is the decision on change of method of recovery of the rights of citizens in case of the address about compensation payment the citizen represents:

a) the statement for payment of compensation in the form approved by Fund;

b) the identity document, or its copy certified in accordance with the established procedure;

c) the statement from the register of requirements of participants of construction about the size, structure and about priority of satisfaction of requirements (in the presence);

d) the agreement confirming acquisition by the citizen of right to claim about transfer of premises, parking places and non-residential premises under the agreement signed during the period from the date of adoption by Fund of the decision on financing of actions for completion of construction of facilities of construction in progress about day of adoption by Fund of the decision on change of method of recovery of the rights of citizens (in the presence);

e) the insurance number of the individual ledger account of the applicant in system of mandatory pension insurance, and also in case of use for acquisition of real estate object concerning which the Fund pays compensation, means of the maternity (family) capital - the insurance number of the individual ledger account in system of mandatory pension insurance of person who received the certificate on the maternity (family) capital.

7. In case of the address of the representative of the citizen with the statement for payment of compensation along with the documents specified in Items 6 and 6 (1) these rules, also notarially certified power of attorney is submitted.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info