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FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 21, 2007 No. 185-FZ

About Fund of assistance to housing and communal services reforming

(as amended on 01-07-2021)

Accepted by the State Duma on July 6, 2007

Approved by the Federation Council on July 11, 2007

Chapter 1. General provisions

Article 1. Subject and purposes of this Federal Law

This Federal Law for the purpose of creation of safe and favorable conditions for accommodation of citizens, improvement of quality of reforming of housing and communal services, forming of effective controling mechanisms housing stock, implementations of resource-saving technologies establishes legal and organizational basis of provision of financial support to subjects of the Russian Federation and municipalities on carrying out capital repairs of apartment houses, resettlement of citizens from emergency housing stock, upgrade of systems of municipal infrastructure by creation of the non-profit organization performing functions on provision of such financial support determines competence, procedure for creation of non-profit organization and its activities, governs the relations between the specified non-profit organization, public authorities of subjects of the Russian Federation and local government bodies.

Article 2. The basic concepts used in this Federal Law

For the purposes of this Federal Law the following basic concepts are used:

1) capital repairs of the apartment house - carrying out and (or) rendering the works provided by this Federal Law and (or) services in elimination of defects of worn-out structural elements of common property of owners of rooms in the apartment house (further - common property in the apartment house), including on their recovery or replacement, for the purpose of improvement of operational characteristics of common property in the apartment house;

2) emergency housing stock - set of premises in apartment houses which are acknowledged in accordance with the established procedure till January 1, 2017 or in relation to provisions of Chapter 6.5 of this Federal Law after January 1, 2017 emergency and subject to demolition or reconstruction in connection with physical wear in the course of their operation;

3) resettlement of citizens from emergency housing stock - decision making and holding actions according to Articles 32, 86, parts 2 and 3 of article 88 of the Housing code of the Russian Federation;

4) provision of financial support by fund - provision of target means by Fund to budgets of subjects of the Russian Federation or in the case established by this Federal Law to local budgets on irretrievable and non-paid basis on carrying out capital repairs of apartment houses, resettlement of citizens from emergency housing stock, upgrade of systems of municipal infrastructure, and also in cases of early completion of regional address programs for resettlement of citizens from emergency housing stock, including such programs taking into account need of development of low-rise housing construction, on the conditions provided by this Federal Law.

Chapter 2. Status, purposes of activities and function of Fund of assistance to housing and communal services reforming

Article 3. Fund of assistance to housing and communal services reforming

1. For the purpose of this Federal Law the state corporation - Fund of assistance to housing and communal services reforming is created (further - Fund).

2. The fund is created by the Russian Federation. The status, the purposes of activities, function and power of Fund are determined by this Federal Law, the Federal Law of January 12, 1996 N7-FZ "About Non-profit Organizations" (further the Federal Law "About Non-profit Organizations") and other regulatory legal acts of the Russian Federation regulating activities of non-profit organizations with the features established by this Federal Law.

2.1. Provisions of Items 3, of 5, of 7, of the 10 and 14 article 32 of the Federal law "About Non-profit Organizations" do not extend to Fund.

3. The fund has seal with the image of the State Emblem of the Russian Federation and with the name.

4. The fund has bank accounts of Russia, and also has the right to open in the procedure established by the legislation of the Russian Federation other bank accounts in the territory of the Russian Federation for the purpose of realization of part 1 of article 21 of this Federal Law. The government of the Russian Federation establishes requirements to credit institutions in the territory of the Russian Federation in which the Fund has the right to open bank and other accounts and with which the Fund has the right to sign bank deposit agreements (deposit), and also term during which measures for return of the money placed on accounts and in deposits in credit institutions in the territory of the Russian Federation which ceased to conform to the specified requirements shall be taken by Fund. In case of establishment of requirements to credit institutions the Government of the Russian Federation establishes requirements to the size of own means (capital) of credit institution and level of the credit score assigned to the Russian credit institution by one or several credit rating agencies, data on which are entered by the Bank of Russia in the register of credit rating agencies, on national rating scale for the Russian Federation according to methodology which compliance to requirements of article 12 of the Federal Law of July 13, 2015 to No. 222-FZ "About activities of credit rating agencies in the Russian Federation, about modification of article 76.1 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)" and recognition voided separate provisions of legal acts of the Russian Federation" is confirmed with the Bank of Russia. The government of the Russian Federation has the right to set limits of investment of funds by Fund in credit institution depending on the size of own means (capital) of credit institution and (or) level of the credit score assigned to credit institution on national rating scale for the Russian Federation.

4.1. The fund has the right to sign bank account agreements, bank deposit (deposit) with the state corporation of development "ВЭБ.РФ" if it is provided by the Federal Law of May 17, 2007 No. 82-FZ "About the state corporation of development "ВЭБ.РФ".

4.2. The fund has the right to open bank and other accounts, to sign bank deposit agreements (deposit) in the credit institutions conforming to the requirements established according to part 4 of this Article in case of inclusion of such credit institutions in the list of credit institutions posted for the specified purposes by the Bank of Russia on its official site on the Internet if other is not established by the Government of the Russian Federation.

4.3. The fund has the right to open personal accounts in the Federal Treasury according to the budget legislation of the Russian Federation.

4.4. During the term of realization of the Bank of Russia approved by the Board of directors according to the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" the plan of participation of the Bank of Russia in implementation of measures for the prevention of bankruptcy of the bank included in the list of credit institutions provided by part 4.2 of this Article on approval date of the specified plan, the Fund has the right to open bank and other accounts in such bank, to sign with it bank deposit agreements (deposit) regardless of compliance (discrepancy) of such bank to the requirements established according to part 4 of this Article on condition of acceptance by the Board of directors of the Bank of Russia of the decision on guaranteeing going concern of such bank. At the same time in case of establishment by the Government of the Russian Federation of limits of investment of funds by Fund in credit institutions according to part 4 of this Article the specified limits are determined concerning such bank on the last quarter reporting date preceding approval date the Board of directors of the Bank of Russia of the plan of participation of the Bank of Russia in implementation of measures for the prevention of bankruptcy of such bank.

4.5. During the term of implementation of the plan of participation of the Bank of Russia in implementation of measures for the prevention of bankruptcy of the bank included in the list of credit institutions provided by part 4.2 of this Article as of approval date of the specified plan, such bank is not excluded from the specified list on condition of acceptance by the Board of directors of the Bank of Russia of the decision on guaranteeing going concern of such bank.

4.6. If the bank included in the list of credit institutions provided by part 4.2 of this Article on approval date concerning such bank of the plan of participation of the Bank of Russia in implementation of measures for the prevention of bankruptcy is excluded from the specified list about day of acceptance by the Board of directors of the Bank of Russia of the decision on guaranteeing going concern of such bank during the term of implementation of the specified plan, such bank is included by the Bank of Russia in the specified list not later than within five working days following behind day of adoption of this decision.

5. The location of Fund is the city of Moscow.

6. The fund is effective till January 1, 2026 and is subject to liquidation according to article 25 of this Federal Law.

Article 4. Purposes of activities and function of Fund

1. The purposes of activities of Fund according to this Federal Law are ensuring steady reducing housing stock, unsuitable for accommodation, creation of safe and favorable conditions for accommodation of citizens and stimulation of reforming of housing and communal services, forming of effective controling mechanisms with housing stock, implementations of resource-saving technologies by provision of financial support by fund, implementation of the information and explanatory and other activities directed to education of citizens in the sphere of housing and communal services, assistance in training in the sphere of housing and communal services.

2. For achievement of the purposes specified regarding 1 this Article the Fund performs the following functions:

1) considers the requests for provision of financial support submitted by subjects of the Russian Federation by fund (further also - the request);

2) makes the decision on compliance of requests and the documents attached to requests to the requirements established by this Federal Law;

3) makes the decision on provision of financial support by fund based on requests;

4) is performed by methodical ensuring preparation by subjects of the Russian Federation of requests and the documents attached to requests;

5) is performed by monitoring of implementation of the regional programs of capital repairs of common property in apartment houses adopted according to requirements of the housing legislation (further - regional programs of capital repairs), short-term plans of implementation of the regional programs of capital repairs approved by public authorities of the subject of the Russian Federation (further - short-term plans of implementation of regional programs of capital repairs), regional operators of the activities aimed at providing carrying out capital repairs of common property in apartment houses, regional address programs for resettlement of citizens from emergency housing stock, regional programs for upgrade of systems of municipal infrastructure, and also accomplishment of the conditions of provision of financial support provided by this Federal Law by fund;

5. Carries out 1) according to the procedure and in cases which are established by the Government of the Russian Federation, function of the agent of the Government of the Russian Federation on provision of social payments on acquisition of premises in the territory of the Russian Federation to the citizens belonging to the categories established by the Federal Laws, presidential decrees of the Russian Federation and acts of the Government of the Russian Federation;

5. 2) according to the procedure and on conditions which are determined by the supervisory board of Fund raises credit and other borrowed funds for the purpose of provision of financial support to subjects of the Russian Federation on resettlement of citizens from emergency housing stock according to part 5 of article 19 of this Federal Law;

5. 3) according to the procedure and on conditions which are determined by the Government of the Russian Federation raises resources of the national welfare fund and provides loans to legal entities at the expense of the raised funds and acquires bonds of legal entities in case of their primary placement for the purpose of projects implementation on construction, reconstruction, upgrade of infrastructure facilities, at the same time the Fund has the right to act as the member of syndicate of creditors according to the Federal Law of December 31, 2017 No. 486-FZ "About syndicated loan (loan) and modification of separate legal acts of the Russian Federation";

5. Creates 4) legal entities in accordance with the legislation of the Russian Federation, including specialized societies of project financing, performs the founder's rights concerning the legal entities created by it and who are unitary legal entities and also performs the corporate (member) laws and performs duties concerning legal entities, participant (member) of which is;

6) performs other functions provided by this Federal Law.

3. Performs the functions specified in part 2 of this Article, Fund gratuitously.

Article 5. Property Fonda

1. The property of Fund is created at the expense of property fees of the Russian Federation which include initial property contribution of the Russian Federation in the amount of two hundred forty billion rubles and the additional property contributions of the Russian Federation, and also income gained by Fund from investment of temporarily available funds, and other receipts which are not forbidden by the law brought according to part 1.1 of this Article. The fund has the right to transfer to the possession of the Russian Federation means in the amount of, not exceeding the size of the initial property contribution of the Russian Federation transferred to Fund, according to the procedure, established by the Government of the Russian Federation.

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