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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of July 13, 2011 No. 569

About approval of the Regulations on assessment, content of subject of pledge of criminal case, management of it and ensuring its safety

(as amended of the Order of the Government of the Russian Federation of 29.07.2020 No. 1133)

According to Article 106 of the Code of penal procedure of the Russian Federation the Government of the Russian Federation decides:

1. Approve the enclosed Regulations on assessment, content of subject of pledge of criminal case, management by it and ensuring its safety.

2. To the Ministry of Finance of the Russian Federation and the Federal Service for Financial Markets according to competence to approve forms of delivery-acceptance certificates of separate types of objects of pledge.

3. Financial provision of the expenses connected with realization of powers of the courts and bodies performing preliminary inquiry on criminal cases for content and ensuring safety of objects of pledge and management of them is performed within the budgetary appropriations provided in the federal budget for the corresponding year to the Supreme Court of the Russian Federation, Judicial department under the Supreme Court of the Russian Federation and to the bodies performing preliminary inquiry on criminal cases on execution of the operating payment commitments.

Russian Prime Minister

V. Putin

Approved by the Order of the Government of the Russian Federation of July 13, 2011 No. 569

Regulations on assessment, content of subject of pledge of criminal case, management of it and ensuring its safety

I. General provisions

1. This Provision determines evaluation procedure, contents of real estate and personal estate in the form of money, values (precious metals and (or) gemstones, products from them) and the shares and bonds (further - securities) which are pledge subject of criminal case, managements of subject of pledge and ensuring its safety allowed to the public address in the Russian Federation.

2. By transfer to pledge of real estate, values and securities the pledger represents to body in which production there is criminal case, and at stage of judicial proceedings - to court authentic copies of the documents confirming the property right to the pledged property and lack of restrictions (encumbrances) of the rights to such property.

By transfer to pledge of securities the pledger also represents the data containing in the Unified State Register of Legal Entities from tax authorities that the issuer of securities is not in process of liquidation and did not stop the activities.

3. If in accordance with the legislation of the Russian Federation restriction (encumbrance) of the rights to property is not subject to state registration, the accounting performed including depositary or the holder of the register of owners of securities (registrar), the pledger in writing confirms accuracy of the information about lack of restrictions (encumbrances) of the rights to such property.

4. Adoption of bonds as a deposit is allowed if before the term of their repayment on the date of pronouncement by court of the resolution or determination about election of measure of restraint in the form of pledge there was at least one year.

5. Acceptance of property as a deposit, and also transfer of pledged property on storage are drawn up by the protocol with appendix of the delivery-acceptance certificate of subject of pledge in the form of real estate, values or securities in the form approved respectively by the Ministry of Finance of the Russian Federation or the Federal Service for Financial Markets.

6. The expenses connected with pledge subject assessment, content of subject of pledge in the form of real estate and management of it and also the expenses connected with storage of subject of pledge in the form of securities and (or) taking into account the rights to these securities in depositary are born by the pledger. The expenses connected taking into account the rights to securities at the holder of the register of owners of securities (registrar) are born by the issuer of securities.

II. Pledge subject assessment

7. The property pledged except for of money, is subject to assessment according to the procedure, established by the legislation of the Russian Federation on estimative activities.

8. Assessment of the property pledged is performed based on the agreement on evaluating this property.

9. In case of assessment of the property pledged its market value is determined.

10. Assessment of property shall be made not earlier than before 5 working days about day of submission of the petition for pledge application.

11. The valuation report of property constituted by the appraiser shall conform to the requirements established by the legislation of the Russian Federation on estimative activities.

The expert opinion prepared according to article 17.1 of the Federal law "About Estimative Activities in the Russian Federation" is attached to the valuation report of the property pledged.

12. The valuation report of the property pledged the expert opinion and the copy of the agreement on evaluating this property are represented by the pledger along with the petition for pledge application. The specified documents at stage of preliminary inquiry are submitted to body in which production there is criminal case, and at stage of judicial proceedings - to court.

III. Content of subject of pledge

13. Content of subject of pledge includes storage and maintenance of subject of pledge in condition, operational, safe and suitable for operation (use) according to its appointment.

14. Conditions of keeping of subject of pledge shall exclude its substitution, damage, spoil, deterioration or loss of its properties.

15. Content of subject of pledge in the form of real estate is performed by the pledger.

16. The money which is pledge subject is stored on the deposit account of the relevant court, management (department) of Judicial department under the Supreme Court of the Russian Federation in the subject of the Russian Federation or body in which production there is criminal case.

17. The bank, other credit institution having the corresponding license and specialized storage, financial division of the body which accepted pledge (further - the keeper), perform storage of values according to Rules of accounting and storage of precious metals, gemstones and products from them, and also maintaining the corresponding reporting, approved by the order of the Government of the Russian Federation of September 28, 2000 N 731.

Storage of values (except as specified when storage of values is performed by financial division of the body which accepted pledge) is performed based on the agreement of storage signed by body in which production there is criminal case, or the court which made the decision on measure of restraint or management (department) of Judicial department under the Supreme Court of the Russian Federation in the subject of the Russian Federation and the keeper.

18. Securities in accordance with the legislation of the Russian Federation about securities are stored and (or) accounting of the rights to securities in depositary or at the holder of the register of owners of securities is (registrars), being keepers.

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