FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 23, 2013 No. 240-FZ

About introduction of amendments to the Federal law "About Fund of Assistance to Housing and Communal Services Reforming"

List of amending documents

Accepted by the State Duma on July 5, 2013

Approved by the Federation Council on July 10, 2013

Article 1

Bring in the Federal Law of July 21, 2007 No. 185-FZ "About Fund of assistance to housing and communal services reforming" (The Russian Federation Code, 2007, No. 30, Art. 3799; 2008, No. 20, Art. 2254; No. 30, Art. 3597; No. 49, Art. 5723; 2009, No. 15, Art. 1780; No. 27, Art. 3267; No. 29, Art. 3584; No. 51, Art. 6153; 2010, No. 11, Art. 1174; 2011, No. 1, Art. 49, 53; No. 23, Art. 3264; No. 29, Art. 4291; No. 49, Art. 7028; 2012, No. 31, Art. 4322; No. 53, Art. 7595; 2013, No. 14, Art. 1646) following changes:

To replace 1) in part 6 of article 3 of figure "2016" with figures "2018";

2) in Article 5:

a) state part 1 in the following edition:

"1. The property of Fund is created at the expense of property fees of the Russian Federation in the total amount of four hundred eighty one billion six hundred fifty five million hundred ninety three thousand rubles which include initial property contribution of the Russian Federation in the amount of two hundred forty billion rubles and the additional property contributions of the Russian Federation brought according to part 1.1 of this Article from which hundred forty six billion six hundred fifty five million hundred ninety three thousand rubles are intended for increase during the period from 2013 to 2017 of limits of provision of financial support by fund on resettlement of citizens from emergency housing stock, and also income gained by Fund from investment of temporarily available funds, and other receipts which are not prohibited by the law. The fund has the right to transfer to the possession of the Russian Federation means in the amount of, not exceeding the size of the initial property contribution of the Russian Federation transferred to Fund, according to the procedure, established by the Government of the Russian Federation.";

b) state part 1.1 in the following edition:

"1.1. Forming of property of Fund at the expense of additional property contributions of the Russian Federation it is performed according to the Federal Law on the federal budget for the corresponding year and (or) the regulatory legal acts of the Government of the Russian Federation adopted according to it. Such additional property contributions of the Russian Federation go for increase in limits of provision of financial support by the fund calculated for subjects of the Russian Federation according to part of 1 this Article, parts 2 - the 5 and 7 article 17 of this Federal Law if other is not provided by the Federal Law on the federal budget for the corresponding year and (or) the regulatory legal acts of the Government of the Russian Federation adopted according to it. By the specified regulatory legal acts of the Government of the Russian Federation the procedure and conditions of increase in limits of provision of financial support at the expense of such additional property contributions of the Russian Federation, and also feature of provision of financial support by the fund specified in this part, including change of conditions of provision, suspension and renewal of provision of this support, expenditure and return of this fund, monitoring implementation, the stipulated in Article 22 presents of the Federal Law can be established.";

c) to add Item 2 of part 3 after the word of "percent" with the word of "initial";

3) regarding 1 Article 14:

a) ceased to be valid according to the Federal Law of the Russian Federation of 28.06.2014 No. 200-FZ

b) Item 9.1 in paragraph one the word", gas" to exclude;

c) in Item 9.10 of the word "December 31, 2015" shall be replaced with words "on September 1, 2017";

d) state Item 12 in the following edition:

"12) ensuring allocation according to article 18 of this Federal Law of means of budgets of subjects of the Russian Federation, means of budgets of the municipalities applying for provision of financial support by fund, and (or) extrabudgetary funds on participation financing of regional address programs for carrying out capital repairs of apartment houses and regional address programs for resettlement of citizens from emergency housing stock, and also regional programs for upgrade of system of utility infrastructure.";

4) in Article 16:

a) regarding 1 word "at least for the three-year period" shall be replaced with words "for the period till September 1, 2017";

b) state part 2 in the following edition:

"2. The regional address program for resettlement of citizens from emergency housing stock shall contain, in particular:

1) the list of the apartment houses recognized till January 1, 2012 in accordance with the established procedure emergency and subject to demolition or reconstruction in connection with physical wear in the course of their operation;

2) the term of resettlement of citizens from each apartment house included in the list specified in Item 1 of this part. At the same time in first-priority procedure citizens from apartment houses which are located in the territory of the municipality and which year of recognition emergency and subject to demolition or reconstruction precedes years of recognition emergency and subject to demolition or reconstruction of other apartment houses located in the territory of this municipality are subject to resettlement;

3) the amount of participation financing at the expense of means of budgets of subjects of the Russian Federation, means of local budgets and (or) extrabudgetary funds of resettlement of citizens from emergency housing stock calculated according to the procedure, established by this Federal Law, for the entire period of action of this program and in breakdown on stages of this program;

4) reasons for amount of means, stipulated in Item 3rd this part, with indication of methods of resettlement of citizens from emergency housing stock, the planned cost of the premises provided to citizens according to this Federal Law per one square meter of total area of premises, the planned extent of the buyback price for the withdrawn premises paid according to article 32 of the Housing code of the Russian Federation;

5) the planned fill rates of this program reflecting total area of emergency housing stock, resettlement of citizens from which is provided by this program in general and each its stage which is understood as the part of this program financed with use of financial support by fund, the decision on which provision is made based on the application submitted by the subject to the Russian Federation in one calendar year and which shall be realized no later than the term established by part 11 of this Article. Total area of emergency housing stock, resettlement of citizens from which is provided by stage of the regional address program for resettlement of citizens from emergency housing stock (further - the size of stage of the regional address program for resettlement of citizens from emergency housing stock), shall conform to requirements of part 2.1 of this Article.";

c) add with part 2.1 following of content:

"2.1. The size of stage of the regional address program for resettlement of citizens from emergency housing stock in total with size of stage of the current year of the regional address program for resettlement of citizens from emergency housing stock taking into account need of development of low-rise housing construction shall be at least work of remaining balance of the emergency housing stock located in the territory of the subject of the Russian Federation, and unused limit of means, private from division, into resettlement of citizens from emergency housing stock of this subject of the Russian Federation at the size equal to the amount of means of this limit and forecast increase in the limit of funds for resettlement of citizens calculated for this subject of the Russian Federation from emergency housing stock in the forthcoming years till 2017 inclusive. At the same time the remaining balance of the emergency housing stock located in the territory of the subject of the Russian Federation is understood as total area of the emergency housing stock which is not included in stages of last years of regional address programs for resettlement of citizens from emergency housing stock, and also regional address programs for resettlement of citizens from emergency housing stock taking into account need of development of low-rise housing construction.";

d) add with part 2.2 following of content:

"2.2. Entering into the regional address program for resettlement of citizens from emergency housing stock of changes which lead to violation of the requirements established by parts 2 and 2.1 of this Article is not allowed.";

e) parts 4 - 5 to recognize invalid;

e) state part 6 in the following edition:

"6. Fund, means of participation financing by budget funds of the subject of the Russian Federation and (or) means of local budgets are spent for acquisition of premises in apartment houses (including in apartment houses which construction is not complete, including apartment houses, under construction (created) with attraction of money of citizens and (or) legal entities) or in the houses specified in Item 2 of part 2 of article 49 of the Town-planning code of the Russian Federation on construction of such houses, and also on payment to persons in whose property there are premises entering emergency housing stock, buyback price for the withdrawn premises according to article 32 of the Housing code of the Russian Federation. At the same time attraction of extrabudgetary funds on construction of the apartment houses and houses specified in Item 2 of part 2 of article 49 of the Town-planning code of the Russian Federation is not allowed if they are under construction (are created) by subjects of the Russian Federation or municipalities by fund, means of participation financing at the expense of means of budgets of subjects of the Russian Federation and (or) means of local budgets.";

g) recognize parts 7 and 8 invalid;

h) state part 11 in the following edition:

"11. Regional address programs for resettlement of citizens from emergency housing stock, including these programs taking into account need of development of low-rise housing construction, or stages of these programs on which realization the financial support by fund is provided from January 1, 2011 to December 31, 2015 shall be realized not later than on December 31 the year following after year of adoption by Fund of the decision on provision of such financial support. The stage of the regional address program for resettlement of citizens from emergency housing stock, including this program taking into account need of development of low-rise housing construction on which realization the financial support by fund in 2016 and 2017 is provided shall be realized not later than on September 1, 2017. At the same time to the number of the citizens moved from emergency housing stock according to regional address programs for the resettlement of citizens from emergency housing stock specified to term including according to regional address programs for resettlement of citizens from emergency housing stock taking into account need of development of low-rise housing construction, and the number of citizens to whom according to these programs buyback price is paid for the withdrawn premises in total shall not be less than the number of citizens provided by these programs for date of submission of the corresponding request for provision of financial support by fund which was subject to resettlement and on which resettlement by the Fund according to the submitted requests provided financial support, or total area of emergency housing stock from which resettlement of citizens (including total area of premises is performed, in connection with which withdrawal buyback price is paid to citizens) according to these programs, there shall not be less than total area of emergency housing stock provided by these programs for date of submission of the corresponding request for provision of financial support by fund from which on resettlement by the Fund according to the submitted requests provided financial support.";

i) ceased to be valid according to the Federal Law of the Russian Federation of 29.06.2015 No. 176-FZ

Shall be replaced with words 5) in part 10 of Article 16.1 of the word "December 31, 2015" "on September 1, 2017";

6) in Article 17:

a) to add part 4 after the words "by the rules specified in this part" with words ", taking into account the features provided by part 6.1 of this Article";

b) add with part 4.1 following of content:

"4.1. The board of Fund for rules of part 4 of this Article perfroms calculation of forecast increase in the limits of funds for resettlement of citizens set for each subject of the Russian Federation from emergency housing stock proceeding from difference between the amount of the property fees of the Russian Federation of Fund intended for increase since 2013 in limits of provision of the financial support on resettlement of citizens from emergency housing stock provided by this Federal Law, and part of the amount of property fees of the Russian Federation which is actually brought in Fund.";

c) to add part 5 after words of "other sources" with the words "during the period till January 1, 2013";

d) state part 6 in the following edition:

"6. Management officials of subjects of the Russian Federation (heads of the supreme executive bodies of the government of subjects of the Russian Federation) in the terms established by the federal executive body performing functions on development of state policy and normative legal regulation in the field of construction, architecture, town planning (except for the state technical accounting and technical inventory count of capital construction projects) and housing and communal services, represent the data on total area of emergency housing stock in the territories of subjects of the Russian Federation received from federal executive bodies, executive bodies of subjects of the Russian Federation, local government bodies authorized to recognize in the procedure established by the Government of the Russian Federation premises unsuitable for accommodation, in federal executive body, performing functions on development of state policy and normative legal regulation in the field of construction, architecture, town planning (except for the state technical accounting and technical inventory count of capital construction projects) and housing and communal services. In case of identification of technical errors, inaccuracies or incompleteness in the data on total area of emergency housing stock provided earlier in the territory of the subject of the Russian Federation the management official of the subject of the Russian Federation (the head of the supreme executive body of the government of the subject of the Russian Federation) represents the specified data on total area of emergency housing stock to the specified federal executive body. The specified federal executive body represents the received data to Fund.";

e) add with part 6.1 following of content:

"6.1. In case of submission by subjects of the Russian Federation of the specified data on total area of the emergency housing stock specified in part 5 of this Article since 2014 in case of calculation of the amount of increase in the limits of funds for resettlement of citizens set for each subject of the Russian Federation from emergency housing stock the amount of the specified increase in limits calculated according to part 4 of this Article is adjusted on difference between the amount of increase in the limits of funds for resettlement of citizens from emergency housing stock set for the subject of the Russian Federation in prior year, prior years proceeding from earlier provided data on total area of emergency housing stock and the amount of increase in limits of funds for resettlement of citizens from emergency housing stock which shall be established in prior year, prior years proceeding from the specified data on total area of emergency housing stock.";

e) in part 10 to replace the word of "September" with the word of "December", to replace the word of "July" with the word of "October";

7) in Article 18:

a) add the name with the words "and (or) extrabudgetary funds";

b) state part 1 in the following edition:

"1. The compulsory provision of provision of financial support by fund on carrying out capital repairs of apartment houses, upgrade of system of utility infrastructure is respectively participation financing of carrying out capital repairs of apartment houses, upgrades of system of utility infrastructure by budget funds of the subject of the Russian Federation and (or) the budget of the municipality which is in the territory of the specified subject of the Russian Federation and applying for provision of financial support by fund (further in this Article - the municipality). The compulsory provision of provision of financial support by fund on resettlement of citizens from emergency housing stock is participation financing of resettlement of citizens from emergency housing stock by budget funds of the subject of the Russian Federation, and (or) the budget of the municipality, and (or) extrabudgetary funds. By the subject of the Russian Federation the minimum amount of joint financing at the expense of means of budgets of municipalities can be established. The amount of participation financing is determined respectively by the subject of the Russian Federation and the municipality.";

c) state part 2 in the following edition:

"2. The minimum amount of participation financing of carrying out capital repairs of apartment houses, upgrades of system of utility infrastructure, resettlement of citizens from emergency housing stock by budget funds of the subject of the Russian Federation and (or) means of local budgets is determined as the share from the total amount of financing of carrying out capital repairs of apartment houses, upgrades of system of utility infrastructure by fund, the budget of the subject of the Russian Federation and (or) local budgets calculated according to part 3 of this Article. Requirements to the minimum amount of participation financing of resettlement of citizens from emergency housing stock are established only concerning such participation financing for the first year of realization of each stage of the regional address program for resettlement of citizens from emergency housing stock.";

d) add part 3 with the offer of the following content: "The minimum share of participation financing of regional address programs for resettlement of citizens from emergency housing stock at the expense of means of budgets of subjects of the Russian Federation and (or) means of local budgets following the results of the first year of realization of each stage of the specified programs shall be at least share of such participation financing, calculated for the corresponding stage of the specified programs.";

e) part 4 after words of "apartment houses" to add with words "resettlements of citizens from emergency housing stock,";

8) ceased to be valid according to the Federal Law of the Russian Federation of 31.12.2017 No. 483-FZ

Shall be replaced with words 9) in part 8 of Article 19.1 of the word "March 1, 2015" "on December 1, 2016";

10) in Article 20:

a) add part 2 with words ", except as specified, provided by part 2.1 of this Article";

b) add with part 2.1 following of content:

"2.1. The law of the subject of the Russian Federation can provide that the budget funds of the subject of the Russian Federation received for the account of fund and provided in the budget of the subject of the Russian Federation on resettlement of citizens from emergency housing stock can go the subject of the Russian Federation to construction of the apartment houses or houses specified in Item 2 of part 2 of article 49 of the Town-planning code of the Russian Federation based on the public contract signed by the subject of the Russian Federation according to the regional address program for resettlement of citizens from emergency housing stock. The parcels of land for construction of the apartment houses or houses specified in Item 2 of part 2 of article 49 of the Town-planning code of the Russian Federation, according to regional address programs for resettlement of citizens from emergency housing stock, including taking into account need of development of low-rise housing construction, financed by fund, the budget of the subject of the Russian Federation and (or) the local budget, are provided to the builder on the right of gratuitous fixed-term use without tendering from the parcels of land or lands which are in municipal property or state-owned property on which is not differentiated, based on the decision of local government bodies. The premises acquired in property of the subject of the Russian Federation in the apartment houses or houses specified in Item 2 of part 2 of article 49 of the Town-planning code of the Russian Federation are subject to transfer to municipal property for provision according to the housing legislation to the citizens moved from emergency housing stock.";

c) in part 13 of the word "parts 6 - 8" shall be replaced with words "part 6";

d) state part 13.1 in the following edition:

"13.1. The means of the local budget received for the account of fund, budget funds of the subject of the Russian Federation and provided by the local budget on participation financing of upgrade of system of utility infrastructure are used by local government body on provision of subsidies to participants of the regional program for upgrade of system of utility infrastructure. If the regional program for upgrade of system of utility infrastructure provides financing by budget funds of the subject of the Russian Federation and (or) the local budget of expenses on development of the program of complex development of systems of utility infrastructure of municipalities, development of schemes of heat supply, schemes of water supply and schemes of water disposal of municipalities, the state registration of the rights to the power generation facilities and objects of utility infrastructure of system of utility infrastructure which are in property of subjects of the Russian Federation or property of municipalities, being real estate and used for rendering to consumers services on electro-warm, to water supply, water disposal, sewage treatment and utilization (burial) of municipal solid waste, fund and means of participation financing by budget funds of the subject of the Russian Federation and (or) the budget of the municipality is used on the specified purposes by the subject of the Russian Federation or the municipality and as subsidies it are not provided to the participant of the regional program for upgrade of system of utility infrastructure. If the local budget does not provide funds for participation financing of upgrade of system of utility infrastructure, the subject of the Russian Federation uses the fund and budget funds of the subject of the Russian Federation provided on participation financing of upgrade of system of utility infrastructure, on provision of subsidies to participants of the regional program for upgrade of system of utility infrastructure.";

11) ceased to be valid according to the Federal Law of the Russian Federation of 28.06.2014 No. 200-FZ

12) ceased to be valid according to the Federal Law of the Russian Federation of 28.06.2014 No. 200-FZ

13) regarding 1 Article 23:

a) state Item 3 in the following edition:

"3) uses of fund on carrying out capital repairs of apartment houses, resettlement of citizens from emergency housing stock, upgrade of system of utility infrastructure without participation financing by budget funds of the subject of the Russian Federation and (or) local budgets in the amount established by part 2 of article 18 of this Federal Law following the results of fiscal year;";

b) ceased to be valid according to the Federal Law of the Russian Federation of 29.06.2015 No. 176-FZ

To replace 14) regarding 1 article 25 of figure "2016" with figures "2018".

Article 2

Recognize invalid:

1) subitems "v" and "g" of item 4 of article 1 of the Federal Law of December 17, 2009 No. 316-FZ "About introduction of amendments to the Federal law "About Fund of Assistance to Housing and Communal Services Reforming" and separate legal acts of the Russian Federation" (The Russian Federation Code, 2009, No. 51, the Art. 6153);

2) paragraphs the fourteenth and fifteenth article 1 of the Federal Law of March 9, 2010 No. 25-FZ "About introduction of amendments to the Federal law "About Fund of Assistance to Housing and Communal Services Reforming" and article 4 of the Federal law "About Introduction of Amendments to the Federal Law "About Fund of Assistance to Housing and Communal Services Reforming" and the Federal Law "About Participation in Shared-equity Construction of Apartment Houses and Other Real Estate Objects and About Modification of Some Legal Acts of the Russian Federation" and on Recognition Voided Separate Provisions of Legal Acts of the Russian Federation" (The Russian Federation Code, 2010, No. 11, the Art. 1174);

3) paragraphs the third and fourth the subitem "b" of Item 6 of article 1 of the Federal Law of December 29, 2010 No. 441-FZ "About introduction of amendments to the Federal law "About Fund of Assistance to Housing and Communal Services Reforming" and recognition voided separate legal acts (provisions of legal acts) of the Russian Federation" (The Russian Federation Code, 2011, No. 1, the Art. 53);

4) subitems "v" and "g" of Item 9 of article 1 of the Federal Law of December 25, 2012 No. 270-FZ "About introduction of amendments to the Federal law "About Fund of Assistance to Housing and Communal Services Reforming" (The Russian Federation Code, 2012, No. 53, the Art. 7595).

Article 3

This Federal Law becomes effective since August 1, 2013.

 

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