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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of April 3, 2008 No. 234

About ensuring housing and other construction on the parcels of land which are in federal property

(as amended on 27-11-2020)

For the purpose of ensuring housing and other construction on the parcels of land which are in federal property and not used for realization of the powers of the Russian Federation determined by the Federal Laws, the Government of the Russian Federation decides:

1. Establish for federal executive bodies prohibition on coordination of the transactions connected with the order the parcels of land which are in federal property. At the same time the specified sites shall be:

a) are provided to federal state institutions, the federal state unitary enterprises, the Russian Academy of Sciences, industry academies of Sciences and the organizations created by such academies;

b) are located in borders of settlements or in limits:

30 kilometers from borders of settlements with population more than 1 million people;

15 kilometers from borders of settlements with population from 100 thousand people to 1 million people;

5 kilometers from borders of settlements with population to 100 thousand people.

2. Establish prohibition on holding auctions for investment attraction concerning the parcels of land specified in Item 1 of this resolution, and the real estate units located on these parcels of land.

3. Establish for federal executive bodies prohibition on coordination of the transactions connected with the order the real estate which is in federal property, assigned to the federal state unitary enterprises on the right of economic maintaining and located on the parcels of land specified in Item 1 of this resolution, except for:

a) cessions of property from federal property in property of the subject of the Russian Federation or municipal property according to the procedure, established by part 11 of article 154 of the Federal Law of August 22, 2004 N 122-FZ "About modification of legal acts of the Russian Federation and recognition voided some legal acts of the Russian Federation in connection with adoption of the Federal Laws "About modification and amendments in the Federal Law "About the General Principles of the Organization of Legislative (Representative) and Executive Bodies of the Government of Subjects of the Russian Federation" and "About the General Principles of the Organization of Local Self-government in the Russian Federation" and the Federal Law of December 8, 2011 No. 423-FZ "About procedure for voluntary conveyance of military real estate in property of subjects of the Russian Federation - the federal cities of Moscow and St. Petersburg, municipal property and about modification of separate legal acts of the Russian Federation;

b) realization of the released military property;

c) transfers to lease and free use.

4. The prohibition specified in Item 1 of this resolution does not extend to cases:

a) provisions of the parcels of land after entry into force of this resolution:

by results of the auctions for sale of the parcels of land which are in federal property and are not provided to citizens or legal entities or the auctions on right to contract of lease of such parcels of land or which took place before entry into force of this resolution of auctions on the right of the conclusion of the investment agreement concerning the parcels of land and real estate units located on such parcels of land which are in federal property;

for the purpose of execution of public contracts on construction for ensuring federal state needs;

for construction of facilities of the state or municipal value, specified in Article 49 of the Land code of the Russian Federation;

within execution of the agreements on the development of the built-up territory signed according to the procedure, established by the legislation of the Russian Federation on town-planning activities;

instead of the parcels of land withdrawn for federal state needs;

in borders of the special economic zone and in the territory adjoining to it to residents of the special economic zone or managing company, and also person with whom the authorized Government of the Russian Federation federal executive body signs the agreement on interaction in the sphere of development of infrastructure of the special economic zone;

for construction of facilities according to concessionary agreements;

to persons who obtained the license for subsurface use or persons which signed the agreement of water use (concerning whom the decision on provision of water object in use is passed), for the purpose of construction of facilities, necessary for implementation of the activities provided by the specified documents;

paragraph tenth ceased to be valid;

paragraph eleventh ceased to be valid;

according to separate decisions of the Government of the Russian Federation;

paragraph thirteenth ceased to be valid;

for placement of the objects necessary for preparation and holding FIFA World Cup of FIFA of 2018, Cup of confederations of FIFA of 2017;

in borders of the corresponding functional zones of national parks for the purpose of implementation of recreational activities, including sports and improving and sports activities;

the closed territorial and administrative educations which are in the territories;

in other cases provided by the Federal Laws;

b) privatizations of the parcels of land as a part of the property complex included in the forecast plan (program) of privatization of federal property;

c) sales of the parcels of land in implementation process of the released military property;

d) sales, provisions in lease and making of other actions established by the Federal Law according to the order the parcels of land on which buildings, structures and constructions which are in property of citizens and legal entities are located.

4(1). The prohibitions specified in Items 1 and 3 of this resolution do not extend to order cases the real estate which is in federal property and located outside the Russian Federation.

4(2). The prohibition specified in Item 2 of this resolution does not extend to cases of holding auctions for investment attraction concerning the real estate which is in federal property and located outside the Russian Federation.

5. It is excluded.

6. It is excluded.

7. It is excluded.

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

Russian Prime Minister

V. Zubkov

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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