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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 Protection of the Rights of Citizens — Participants of Shared-equity Construction" to citizens - to the participants of construction having requirements about transfer of premises, parking places and non-residential premises

(as amended on 13-04-2022)

The government of the Russian Federation decides:

Approve the enclosed Rules of payment of compensation by the public company "Fund of Protection of the Rights of Citizens — Participants of Shared-equity Construction" to citizens - to the participants of construction having requirements about transfer of premises, parking places and non-residential premises.

Russian Prime Minister

D. Medvedev

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 Protection of the Rights of Citizens — Participants of Shared-equity Construction" 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)".

2. Compensation payment to the citizens who filed petition for compensation payment is performed by the public company "Fund of Protection of the Rights of Citizens — Participants of Shared-equity Construction" (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 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" made by Fund (further - the decision on financing). The fund no later than 3 working days from the date of decision making about financing 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.

4. 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.

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. 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.

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 Item 6 of these rules also notarially certified power of attorney is submitted.

8. Payment of compensation is performed at the expense of property of Fund within 10 working days from the date of representation by the citizen of the documents specified in Items 6 and 7 of these rules, in currency of the Russian Federation.

Compensation payment to the citizens having requirements about transfer of premises is performed in the amount of, to the citizens having requirements about transfer of premises in the apartment house and (or) the apartment house of the blocked building consisting of 3 and more blocks (all premises in one apartment house and (or) the apartment house of the blocked building consisting of 3 and more blocks) which are subject to transfer to citizens determined according to method of calculation of the amount of compensation - participants of construction, according to appendix.

Compensation payment to the citizens having requirements about transfer of parking places and (or) non-residential premises is performed in the amount of the paid price of the relevant agreement providing transfer of the parking place or non-residential premise or in the amount of paid by the citizen - the member of cooperative of shares. If the obligation on payment of the price of the agreement by the citizen is fulfilled not in full, payment of compensation is performed in the amount of the performed part of the obligation. The payment of compensation provided by this paragraph is performed to the citizen concerning one parking place and (or) the non-residential premise in object of construction in progress. If the citizen - the participant of construction has requirements providing transfer of 2 and more parking places and (or) non-residential premises in object of construction in progress, payment is made concerning the object having smaller cost.

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