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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 12, 2007 No. 862

About Rules of the direction of funds (part of means) of the maternity (family) capital for improvement of housing conditions

(as amended on 16-04-2021)

According to article 10 of the Federal law "About Additional Measures of the State Support of the Families Having Children" Government of the Russian Federation decides:

1. Approve the enclosed Rules of the direction of funds (part of means) of the maternity (family) capital for improvement of housing conditions.

2. Determine that in the order of application of the Rules approved by this resolution the Ministry of Construction and Housing and Communal Services of the Russian Federation in coordination with the Ministry of Labour and Social Protection of the Russian Federation and the Ministry of Finance of the Russian Federation gives explanations.

Russian Prime Minister

V. Zubkov

 

Approved by the Order of the Government of the Russian Federation of December 12, 2007 No. 862

Rules of the direction of funds (part of means) of the maternity (family) capital for improvement of housing conditions

1. These rules establish expense types for which funds (part of means) of the maternity (family) capital for improvement of housing conditions, procedure for filing of application about the order by these means and the list of the documents necessary for consideration of the application, and also procedure and terms of transfer of the specified means can be allocated.

2. Person who received the state certificate on the maternity (family) capital (further - the certificate) having the right to use means (part of means) of the maternity (family) capital:

on the acquisition or construction of premises performed by citizens by means of making of any transactions which are not contradicting the law and participation in obligations (including participation in housing, building and housing accumulative cooperatives), by non-cash transfer of the specified means of the organization performing alienation (construction) of acquired premises (under construction) or to the physical person performing alienation of acquired premises, or the organization, including credit which provided according to the credit agreement (loan agreement) money on the specified purposes. Means (part of means) of the maternity (family) capital can be directed to escrow account on which beneficiary is person performing alienation (construction) of acquired premises (under construction);

on the construction or reconstruction of object of individual housing construction performed by citizens without involvement of the organization which is carrying out construction (reconstruction) of object of individual housing construction including for the construction contract (further - the construction organization), and also on compensation of the costs incurred on construction or reconstruction in such a way of object of individual housing construction, by transfer of the specified funds for the bank account of person who received the certificate.

The person who received the certificate, having the right to use funds (part of means) of the maternity (family) capital for acquisition, premises construction, and also for the construction or reconstruction of object of individual housing construction without involvement of the construction organization performed by the face consisting in the registered marriage with person who received the certificate (further the spouse of person who received the certificate).

3. In case of provision to person who received the certificate or the spouse of person who received the certificate, the credit (loan) including mortgage, on acquisition or construction of housing or the credit (loan), including mortgage, on acquisition or construction of housing of means (part of means) of the maternity (family) capital can be directed to repayment of earlier granted loan (loan) on:

a) payment of the initial contribution in case of receipt of the credit (loan), including mortgage, on acquisition or construction of housing;

b) on the credit (I will occupy) repayment of principal debt and interest payment, including mortgage, on acquisition or construction of housing (except for penalties, the commissions, penalty fee for delay of obligation fulfillment on the specified credit (I will borrow)), including on the credit (I will borrow) on which obligation arose at person who received the certificate before emergence of the right to means of the maternity (family) capital;

c) on the credit (I will occupy) repayment of principal debt and interest payment, including mortgage, on repayment of earlier granted loan (loan) on acquisition or construction of housing (except for penalties, the commissions, penalty fee for delay of obligation fulfillment on the specified credit (I will borrow)), including on the credits (loans) on which obligations arose at person who received the certificate before emergence of the right to means of the maternity (family) capital.

3(1). Funds (part of means) of the maternity (family) capital are allocated for payment of the initial contribution and (or) repayment of principal debt and interest payment on the loans on acquisition (construction) of premises granted citizens according to the loan agreement on acquisition (construction) of premises signed with one of the organizations which is:

a) credit institution according to the Federal Law "About Banks and Banking Activity";

b) ceased to be valid according to the Order of the Government of the Russian Federation of 09.07.2015 No. 689

c) credit consumer cooperative according to the Federal Law "About Credit Cooperation", agricultural credit consumer cooperative according to the Federal Law "About Agricultural Cooperation" performing the activities at least 3 years from the date of state registration;

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