ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of July 19, 2018 No. 850

About approval of Rules of payment of the total area of premises exceeding the size of total area of premises determined based on Items 7 - the 9th article 44.1 of the Federal law "About Prosecutor's Office of the Russian Federation"

According to Item 10 of article 44.1 of the Federal law "About Prosecutor's Office of the Russian Federation" Government of the Russian Federation decides:

Approve the enclosed Rules of payment of the total area of premises exceeding the size of total area of premises determined based on Items 7 - the 9th article 44.1 of the Federal law "About Prosecutor's Office of the Russian Federation".

Approved by the Order of the Government of the Russian Federation of July 19, 2018 No. 850

Rules of payment of the total area of premises exceeding the size of total area of premises determined based on Items 7 - the 9th article 44.1 of the Federal law "About Prosecutor's Office of the Russian Federation"

1. These rules establish payment procedure of the total area of premises exceeding the size of total area of premises determined based on Items 7 - the 9th article 44.1 of the Federal law "About Prosecutor's Office of the Russian Federation" (further respectively - the Federal Law, the total area of premises exceeding the established size of total area of premises), by provision to the prosecutors recognized needing premises, such premises in property from their consent.

2. The total area of premises exceeding the established size of total area of premises (R) is determined by formula:

Р = ABOUT + L - (N + D + TO),

where:

About - total area of the provided premises;

L - total total area of the premises occupied by the prosecutor and (or) members of his family under agreements of social hiring, employment contracts of premises of housing stock of social use and (or) belonging to them on the property right, except for total area of the premises specified in subitems "v", "g" and "e" of item 4 of article 44.1 of the Federal Law;

N - the total area of premises determined proceeding from regulation of provision of the area of premises, stipulated in Item 7th article 44.1 of the Federal Law;

Д - the additional area of premises determined based on Item 8 of article 44.1 of the Federal Law;

To - taking into account design and technical data of the apartment or apartment house the total area of premises exceeding the size of total area of premises determined based on Items 7 and 8 of article 44.1 of the Federal Law taking into account the right to the additional area of premises, but no more than on 9 sq.m of total area of premises.

3. The amount of payment of the total area of premises exceeding the established size of total area of premises (Pr) is determined by formula:

Pr = P x C,

where:

Р - the total area of premises exceeding the established size of total area of premises;

With - the indicator of average market value of 1 sq.m of total area of housing approved quarterly by the Ministry of Construction and Housing and Communal Services of the Russian Federation concerning the subject of the Russian Federation on the duty station of the prosecutor.

4. The consent of the prosecutor to provision to it in property of premises with excess of the size of total area of the premises determined based on Items 7 - the 9th article 44.1 of the Federal Law, in case of payment term at the expense of own means of the total area of premises exceeding the established size of total area of premises goes in writing to the authorized officer of body of prosecutor's office of the Russian Federation for the duty station of the prosecutor.

To the prosecutor within 10 working days from the date of receipt of prosecutor's office of the Russian Federation of such consent by body goes the agreement on payment of the total area of premises exceeding the established size of total area of premises signed by the authorized officer of body of prosecutor's office of the Russian Federation for the duty station of the prosecutor (is handed) (further - the agreement).

5. In the agreement the following data are specified:

a) total area of the provided premises;

b) total total area of the premises occupied by the prosecutor and (or) members of his family under agreements of social hiring, employment contracts of premises of housing stock of social use and (or) belonging to them on the property right;

c) the total area of premises determined proceeding from regulation of provision of the area of premises, stipulated in Item 7th article 44.1 of the Federal Law;

d) the additional area of premises determined based on Item 8 of article 44.1 of the Federal Law;

e) taking into account design and technical data of the apartment or apartment house the total area of premises exceeding the size of total area of premises determined based on Items 7 and 8 of article 44.1 of the Federal Law taking into account the right to the additional area of premises, but no more than on 9 sq.m of total area of premises;

e) the total area of premises exceeding the established size of total area of premises;

g) the indicator of average market value of 1 sq.m of total area of housing approved quarterly by the Ministry of Construction and Housing and Communal Services of the Russian Federation concerning the subject of the Russian Federation on the duty station of the prosecutor;

h) the amount of payment of the total area of premises exceeding the established size of total area of premises;

i) payment due dates of the total area of premises exceeding the established size of total area of premises;

j) details of body of prosecutor's office of the Russian Federation for payment;

k) provision terms to the prosecutor the authorized officer of body of prosecutor's office of the Russian Federation of premises in property.

6. The prosecutor signs the agreement and represents it to body of prosecutor's office of the Russian Federation for the duty station of the prosecutor within 10 working days from the date of its obtaining.

The agreement becomes effective from the date of adoption by the Prosecutor General of the Russian Federation of the decision on provision to the prosecutor of premises in property.

7. Payment of the total area of premises exceeding the established size of total area of premises is performed by the prosecutor at the expense of own means by money transfer in the income of the federal budget within 20 working days from the date of adoption by the Prosecutor General of the Russian Federation of the decision on provision to the prosecutor of premises in property.

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