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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of March 26, 2022 No. 479

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 unified 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

(as amended of the Order of the Government of the Russian Federation of 17.05.2022 No. 890)

According to items 4 and 5 parts 1 of article 18 of the Federal Law of March 8, 2022 "About modification of separate legal acts of the Russian Federation" the Government of the Russian Federation decides No. 46-FZ:

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 December 31, 2022 inclusive 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 during the period from the date of entry into force of this resolution till December 31, 2022 inclusive are not considered;

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 December 31, 2022 inclusive are not charged;

penalties (penalties, penalty fee), other financial sanctions which are subject taking into account part 9 of article 4 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" to payment to the citizen - to the participant of shared-equity construction for non-execution or improper execution of agreement obligations of participation in shared-equity construction, concluded only for the personal, family, house and other needs which are not connected with implementation of business activity are not charged for the period from the date of entry into force of this resolution till December 31, 2022 inclusive.

Concerning application of penalty (penalties, penalty fee), percent, indemnification and other financial sanctions against the builder regarding their payment 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 December 31, 2022 inclusive is granted. The specified requirements containing in the executive document shown to execution from the date of entry into force of this resolution during delay are not performed by the banks or other credit institutions performing servicing of accounts of builder.

1(1). During the period from February 25, 2022 to December 31, 2022 inclusive the size of percent, penalties (penalties, penalty fee), other financial sanctions under agreements of participation in shared-equity construction provided by part 6 of Article 5, part 2 Articles 6, parts 2 and 6 of Article 9, and also which are subject to payment taking into account part 9 of article 4 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" to which features, the stipulated in Item 1 this resolution are not applied is estimated proceeding from the current key interest rate of the Central bank of the Russian Federation operating on the date of obligation fulfillment, but not above key interest rate of the Central bank of the Russian Federation operating as of February 25, 2022.

1(2). The features established by Items 1 and 1 (1) this resolution, are applied including to the legal relationship which arose from the agreements of participation in shared-equity construction signed about day of entry into force of this resolution.

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 Development of the Territories" from the date of entry into force of this resolution till December 31, 2022 inclusive 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, the federal executive body and its territorial authorities performing the state cadastral registration 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.

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