of December 8, 2011 No. 423-FZ
About procedure for voluntary conveyance of military real estate in property of subjects of the Russian Federation, municipal property and about modification of separate legal acts of the Russian Federation
Accepted by the State Duma on November 21, 2011
Approved by the Federation Council on November 29, 2011
This Federal Law governs the relations connected with voluntary conveyance of the military real estate specified regarding 1 article 2 of this Federal Law, including the parcels of land from federal property in property of the subject of the Russian Federation or municipal property.
1. Buildings, constructions (including networks of engineering facilities), premises, objects which construction is not complete (except for buildings, constructions, premises, objects which construction is not complete which are necessary for ensuring implementation of the government of powers by federal bodies in the field of defense of the country and safety of the state), the parcels of land (including the vacant parcels of land) which are are subject to voluntary conveyance in property of the subject of the Russian Federation or municipal property according to this Federal Law:
1) in borders of military camps (except for the closed military camps);
2) in borders of the parcels of land used for ensuring activities of the Armed Forces of the Russian Federation, other troops, military forming and bodies, the organizations, the companies, organizations performing functions in the field of defense of the country and safety of the state if on these parcels of land there are objects (including objects which construction is not complete) in which premises of the specified troops, military forming and bodies, the organizations, the companies, organizations are located.
2.1. Along with transfer into the ownership of the subject of the Russian Federation or municipal property of the property specified regarding 1 this Article, except for networks of engineering facilities, the parcel of land on which the specified property is located and which is necessary for its use is subject to transfer. Transfer into the ownership of the subject of the Russian Federation or municipal property of the specified property without transfer of the parcel of land on which it is located is not allowed.
2.2. If the buildings which are not intended for accommodation of citizens of construction are in the critical condition excluding their further operation to property of subjects of the Russian Federation or municipal property the parcels of land with located are transferred to them the specified buildings, constructions.
2.3. Due to the voluntary conveyance according to this Federal Law in property of the subject of the Russian Federation or municipal property of the citizens of buildings, the constructions which are in condition, suitable for operation, who are not intended for accommodation on content of the specified property to budgets of appropriate subjects of the Russian Federation from the federal budget the interbudget transfers, including for provision of the interbudget transfers are provided to budgets of the respective municipalities. The amount of the interbudget transfers provided from the federal budget is established at a rate of not less than amount of the funds allocated for these purposes from the federal budget to federal executive bodies in financial year in which transfer of the specified property is performed.
2.4. In case of voluntary conveyance according to this Federal Law in property of the subject of the Russian Federation or municipal property of premises in the apartment houses recognized in accordance with the established procedure emergency employers of such premises and members of their families are subject to resettlement by the federal executive body which made the decision on such transfer in which the Federal Law provides military service, or public authority of the subject of the Russian Federation, local government body of the municipality to which possession such premises are transferred. In case of resettlement of the specified citizens by public authority of the subject of the Russian Federation or local government body the amount of the interbudget transfers provided from the federal budget to budgets of appropriate subjects of the Russian Federation including for provision of the interbudget transfers to budgets of the respective municipalities, is established at a rate of not less than amount of the funds allocated for these purposes from the federal budget and provided for planning period to federal executive bodies in financial year in which transfer of the specified property is performed.
2.5. Amount of the interbudget transfers provided from the federal budget to budgets of subjects of the Russian Federation including for provision of the interbudget transfers to budgets of municipalities, on the purposes specified in parts 2.3 and 2.4 of this Article, and also rules of provision of such interbudget transfers are established respectively by the Federal Law on the federal budget for the next financial year and planning period and regulatory legal acts of the Government of the Russian Federation.
3. For the purpose of this Federal Law borders of military camps are borders of the parcels of land used for placement of the relevant military units (divisions), connections, military educational institutions of higher education, other organizations of the Armed Forces of the Russian Federation, troops of national guard of the Russian Federation, bodies of the state protection and other federal executive bodies in which the Federal Law provides military service.
4. If borders of the parcel of land specified in Item 2 of part 1 and part 3 of this Article are not determined in the procedure established by the law, borders of such parcel of land are determined by the actual use.
5. Lack of state registration of the property right of the Russian Federation to the military real estate specified regarding 1 this Article and (or) lack of its state accounting, lack of the borders of the parcels of land specified in Item 2 of part 1 and part 3 of this Article established in accordance with the legislation of the Russian Federation is not obstacle for decision making about voluntary conveyance of military real estate from federal property in property of the subject of the Russian Federation or municipal property.
6. If need for the military real estate specified for item 4 of part 2 of article 3 of this Federal Law for ensuring implementation of the government of powers by federal bodies in the field of defense of the country and safety of the state disappeared, such property is subject to voluntary conveyance in property of the subject of the Russian Federation or municipal property according to this Federal Law.
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