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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of May 15, 2008 No. 370

About procedure for mortgage lending of participants of accumulative and mortgage system of housing providing the military personnel

(as amended on 10-11-2018)

The government of the Russian Federation decides:

Approve enclosed:

changes which are made to the order of the Government of the Russian Federation of November 7, 2005 No. 655 "About procedure for functioning of accumulative and mortgage system of housing providing the military personnel" (The Russian Federation Code, 2005, No. 46, Art. 4671; 2006, No. 44, Art. 4590);

Rules of provision to participants of accumulative and mortgage system of housing providing military personnel of target housing loans, and also repayments of target housing loans;

Rules of registration of mortgage concerning participants of accumulative and mortgage system of housing providing the military personnel.

Russian Prime Minister

V. V. Putin

 

Approved by the Order of the Government of the Russian Federation of May 15, 2008 No. 370

Changes which are made to the order of the Government of the Russian Federation of November 7, 2005 No. 655

1. To exclude the subitem "z" of Item 1.

2. In Rules of use of accumulatings for housing providing the military personnel approved by the specified resolution:

a) state Item 7 in the following edition:

"7. Federal executive bodies monthly, to the 20th, represent to authorized federal body of the information about the participants of accumulative and mortgage system who reached 20 years of general duration of military service and showed willingness to use accumulatings for housing providing, in the form approved by authorized federal body (further - the information about participants).";

b) state Item 21 in the following edition:

"21. Federal executive bodies monthly, to the 20th, represent to authorized federal body of the information about persons who acquired the right to use accumulatings for housing providing and shown willingness to exercise this right (daleesvedeniye about the former participants (members of their families)), in the form approved by authorized federal body.";

c) third Item 24 to state the paragraph in the following edition:

"The authorized federal body within 10 working days from the date of money transfer notifies the federal executive body which provided the information about the former participants (members of their families) on transfer of the specified funds with provision of statements from special deponentny accounts.";

d) in the last paragraph of Item 25 of the word "or the receiver of accumulatings for housing providing" to exclude;

e) in Item 26 of the word "or the receiver of accumulatings for housing providing" to exclude;

e) state Item 27 in the following edition:

"27. The federal executive body which received the notification of authorized federal body on money transfer, on refusal in transfer of accumulatings for housing providing to receivers of such accumulatings or about the circumstances specified in Item 26 of these rules, according to the procedure and terms which are established by federal executive body brings the specified information to the receiver of accumulatings and takes necessary measures for immediate elimination of the reasons which formed the basis for refusal in transfer of the specified means.".

Approved by the Order of the Government of the Russian Federation of May 15, 2008 No. 370

Rules of provision to participants of accumulative and mortgage system of housing providing military personnel of target housing loans, and also repayments of target housing loans

I. General provisions

1. The these rules developed according to the Federal Law "About Accumulative and Mortgage System of Housing Providing the Military Personnel" (further - the Federal Law), determine procedure and conditions of provision to participants of accumulative and mortgage system of housing providing the military personnel (further respectively - accumulative and mortgage system, participants) target housing loans, and also procedure and conditions of their repayment.

2. With the federal executive body providing functioning of accumulative and mortgage system according to the Federal Law (further - authorized body), agreements of target housing loan each participant at least in 3 years of its participation in accumulative and mortgage system has the right to the conclusion.

3. The target housing loan is granted the participant in the following purposes:

a) acquisition of premises (premises), acquisition of the parcel of land occupied acquired by the apartment house or part of the apartment house and necessary for their use on the security of the acquired premises (premises), the specified parcel of land, and also acquisition of premises (premises) under the agreement of participation in shared-equity construction;

b) payment of the initial contribution in case of acquisition with use of mortgage loan (loan) (further - mortgage loan) premises (premises), acquisition of the parcel of land occupied acquired by the apartment house or part of the apartment house and necessary for their use, payment of part of the price of the contract of participation in shared-equity construction with use of mortgage loan and (or) repayment of obligations on mortgage loan.

4. The participant who showed willingness to obtain target housing loan represents to federal executive body (federal state body) in which the Federal Law provides military service (further - federal body), or to authorized body the statement for provision of target housing loan with indication of:

purposes of receipt of target housing loan;

the consent of the participant to reclamation by authorized body from trust management of the accumulatings for housing providing considered on personalized accumulation account of the participant for the term of no more than 6 months from the date of signing by authorized body of the certificate on the right of the participant to receipt of target housing loan (further - the certificate).

The procedure for submission of the statement for provision of target housing loan is determined by the relevant federal body.

5. Federal bodies monthly, to the 5th following for reporting, according to the procedure, established by them, represent to authorized body in the form approved with it, the information about the participants who showed willingness to obtain target housing loan.

6. Authorized body monthly based on the data provided according to Item 5 of these rules, and data on the accumulatings considered on personalized accumulation accounts of participants:

a) draws up before the termination of current month the certificate in the form approved by authorized body, which is valid no more than 6 months from the date of its signing;

b) draws up if necessary the reference confirming the income of the participant;

c) will request from trust management of accumulating for housing providing, considered on personalized accumulation account of the participant, for the term of no more than 6 months from the date of signing of the certificate by authorized body.

7. If within 6 months from the date of signing of the certificate the participant did not sign the agreement of target housing loan, he has the right again to provide to federal body or according to the procedure, established by federal body, in authorized body the statement for provision of target housing loan.

8. The authorized body together with federal body within one month from the date of signing of the certificate provides its bringing to the participant.

9. According to the decision of federal body the documents submitted by the participant according to Items 11, of 14, of 19, of 21, of 26, of 28, of 33, of 37, of 39, of 40, of 45, of 47, of 48, of 50, of 52, of 55, of 56, of 58, of 62, of 64, of 68, of 70, of 97 these rules to authorized body can be represented by the federal body and (or) persons determined by it, according to the procedure, established by these rules.

II. Procedure and conditions of provision of target housing loan for acquisition of premises (premises) on the security of acquired premises (premises)

10. The premises (premises) acquired by the participant according to the purchase and sale agreement with use of target housing loan are in pledge (mortgage) by law at the Russian Federation on behalf of authorized body from the date of state registration of the property right of the participant to the specified premises (premises).

11. If the citizen of the Russian Federation acts as the seller of premises (premises), the participant for receipt of target housing loan represents to authorized body:

a) the agreement of target housing loan signed from the participant which is drawn up according to the standard agreement approved by authorized body (in 3 copies);

b) the valuation report of market value of acquired premises (premises) constituted in accordance with the legislation of the Russian Federation about estimative activities;

c) the provisional agreement of purchase and sale of premises (premises) meeting the requirements of Article 429 of the Civil code of the Russian Federation;

d) the passport copy of the citizen of the Russian Federation who is the participant;

e) the passport copy of the citizen of the Russian Federation who is the seller of premises (premises);

e) the statement from the Single state real estate register on acquired premises (premises) prepared not later than 30 days about day of its representation which does not contain restrictions (encumbrance) of the rights, data on the right claims and the rights to claim declared judicially existing at the time of issue of the statement concerning premises (premises), marks about objection concerning the registered right to it;

g) the copy of the cadastral passport of acquired premises (premises) with the floor-by-floor plan and explication;

h) the document (documents) confirming absence of debt on payment of premises (premises) and utilities;

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