ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of September 12, 2019 No. 1189

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 10th article 19.1 of the Law of the Russian Federation "About the status of judges in the Russian Federation"

According to Item 11 of article 19.1 of the Law of the Russian Federation "About the status of judges in the Russian Federation" the 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 10th article 19.1 of the Law of the Russian Federation "About the status of judges in the Russian Federation".

Approved by the Order of the Government of the Russian Federation of September 12, 2019 No. 1189

Rules of payment of the total area of premises exceeding the size of total area of premises determined based on Items 7 - the 10th article 19.1 of the Law of the Russian Federation "About the status of judges in 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 10th article 19.1 of the Law of the Russian Federation "About the status of judges in the Russian Federation" (further - the Law, the total area of premises exceeding the established size of total area of premises), by provision to the judges 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:

where:

About - total area of the provided premises;

L - total total area of the premises occupied by the judge 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;

N - the total area of premises determined proceeding from regulation of provision of the area of premises, stipulated in Item 7th article 19.1 of the Law;

Д - the additional area of premises determined based on Item 8 of article 19.1 of the 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 19.1 of the 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 size of total area of the premises provided in property, determined based on Items 7 and 8 of article 19.1 of the Law according to Item 9 of article 19.1 of the Law can be increased over provided by the specified Items of regulations based on the decision of the Chairman of the Supreme Court of the Russian Federation for vice-chairmen of the Supreme Court of the Russian Federation and judges of the Supreme Court of the Russian Federation.

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

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 place of employment of the judge.

5. In case of submission of the statement by the judge, stipulated in Item 2 articles 19.1 of the Law, the consent of the judge to payment for the account of own means of the total area of premises exceeding the established size of total area of premises is applied to it.

To the judge within 10 days from the date of receipt of the specified consent by the Supreme Court of the Russian Federation, court of cassation of the general jurisdiction, cassation military court, Appeal Court of the general jurisdiction, Appeal military court, the Supreme Court of the republic, regional court, regional court, court of the federal city, court of the autonomous region, court of the autonomous area, district (naval) military court, federal Arbitration Court or management of Judicial department under the Supreme Court of the Russian Federation in the subject of the Russian Federation (further - management of Judicial department in the subject of the Russian Federation) goes the agreement on payment for the account of own means of the total area of premises exceeding the established size of total area of premises signed by the chairman of justices or the head of department (further - the agreement), for signing (is handed).

6. 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 judge 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 19.1 of the Law;

d) the additional area of premises determined based on Item 8 of article 19.1 of the 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 19.1 of the 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 place of employment of the judge;

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 the Supreme Court of the Russian Federation, court of cassation of the general jurisdiction, cassation military court, Appeal Court of the general jurisdiction, Appeal military court, Supreme Court of the republic, regional court, regional court, court of the federal city, court of the autonomous region, court of the autonomous area, district (naval) military court, federal Arbitration Court or management of Judicial department in the subject of the Russian Federation for payment transfer;

k) provision terms to the judge of premises in property.

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