ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of April 2, 2020 No. 423

About establishment of features of application of penalty (penalty, penalty fee), other financial sanctions, and also other measures of responsibility for non-execution or improper execution of the agreement obligations of participation in shared-equity construction established by the legislation on shared-equity construction, and on features of inclusion in the register of problem objects of apartment houses and (or) other real estate objects concerning which the builder more than for 6 months skirts date of completion of construction (creation) of the apartment house and (or) other real estate object and (or) obligation on transfer of object of shared-equity construction to the participant of shared-equity construction under the registered agreement of participation in shared-equity construction

According to Items 3 and 4 of part 1 of article 17 of the Federal law "About Modification of Separate Legal Acts of the Russian Federation concerning the Prevention and Liquidation of Emergency Situations" Government of the Russian Federation decides:

1. Establish the following features of application of penalty (penalty, penalty fee), other financial sanctions, and also other measures of responsibility for non-execution or improper execution of the agreement obligations of participation in shared-equity construction established by the legislation on shared-equity construction:

during charge of penalty (penalty fee) under agreements of participation in shared-equity construction provided by part 6 of Article 5 and part 2 of article 6 of the Federal law "About Participation in Shared-equity Construction of Apartment Houses and Other Real Estate Objects and about Modification of Some Legal Acts of the Russian Federation" the period estimated from the date of entry into force of this resolution till January 1, 2021 does not join;

in case of determination of the size of losses, the stipulated in Article 10 Federal Laws "About Participation in Shared-equity Construction of Apartment Houses and Other Real Estate Objects and about Modification of Some Legal Acts of the Russian Federation", the losses caused are not considered:

during the period from the date of entry into force of this resolution till January 1, 2021;

as a result of introduction of high alert or emergency situation in the corresponding territory of finding of object under construction of shared-equity construction;

the percent which are subject to payment to the participant of shared-equity construction according to parts 2 and 6 of article 9 of the Federal law "About Participation in Shared-equity Construction of Apartment Houses and Other Real Estate Objects and about Modification of Some Legal Acts of the Russian Federation" for the period from the date of entry into force of this resolution till January 1, 2021 are not charged.

Concerning payment of penalty (penalty fee), the percent, indemnification provided by this Item, requirements about which were imposed to execution on the builder before the date of entry into force of this resolution, delay till January 1, 2021 is granted.

2. The monitoring body specified regarding the 2nd article 23 of the Federal law "About Participation in Shared-equity Construction of Apartment Houses and Other Real Estate Objects and about Modification of Some Legal Acts of the Russian Federation", and (or) the public company "Fund of Protection of the Rights of Citizens — Participants of Shared-equity Construction" from the date of entry into force of this resolution till January 1, 2021 do not send the notification on violation by the builder to the period more than for 6 months of date of completion of construction (creation) of the apartment house and (or) other real estate object and (or) obligations on transfer to the participant of shared-equity construction under the registered agreement of participation in shared-equity construction according to the specified agreement of object of shared-equity construction which is part of the apartment house and (or) other real estate object, federal executive body and its territorial authorities, the performing state cadastral registrations, state registration of the rights, maintaining the Single state real estate register and provision of the data containing in the Single state real estate register if such violation arose during the specified period.

3. The authorized body of the executive authority of the subject of the Russian Federation specified regarding the 2nd article 23 of the Federal law "About Participation in Shared-equity Construction of Apartment Houses and Other Real Estate Objects and about Modification of Some Legal Acts of the Russian Federation" during the period from the date of entry into force of this resolution till January 1, 2021 has no right to appeal to Arbitration Court with the statement for suspension for certain term of implementation by the builder of the activities connected with attraction of money of participants of shared-equity construction for construction (creation) of apartment houses and (or) other real estate objects for the basis, stipulated in Item 3 parts 15 of article 23 of the Federal law "About Participation in Shared-equity Construction of Apartment Houses and Other Real Estate Objects and about Modification of Some Legal Acts of the Russian Federation" if such basis arose during the specified period.

4. Determine that apartment houses and (or) other real estate objects concerning which the builder more than for 6 months skirts date of completion of construction (creation) of the apartment house and (or) other real estate object and (or) obligation on transfer of object of shared-equity construction to the participant of shared-equity construction under the registered agreement of participation in shared-equity construction if such violation arose after entry into force of this resolution, are subject to inclusion in the unified register of problem objects specified regarding 1.1 articles 23.1 of the Federal law "About Participation in Shared-equity Construction of Apartment Houses and Other Real Estate Objects and about Modification of Some Legal Acts of the Russian Federation" after January 1, 2021 if as of the specified date remain dashing about for inclusion in the specified register.

5. This resolution becomes effective from the date of its official publication.

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