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FEDERAL LAW OF THE RUSSIAN FEDERATION

of August 20, 2004 No. 117-FZ

About accumulative and mortgage system of housing providing the military personnel

(as amended on 27-12-2019)

Accepted by the State Duma on August 5, 2004

Approved by the Federation Council on August 8, 2004

This Federal Law establishes legal, organizational, economic and social basis of accumulative and mortgage system of housing providing the military personnel.

Chapter 1. General provisions

Article 1. Subject of legal regulation and purpose of this Federal Law

This Federal Law governs the relations connected with forming, features of investment and use of the means intended for housing providing the military personnel and also for other purposes in the cases provided by this Federal Law.

Article 2. Legislation of the Russian Federation on housing providing the military personnel

The legislation of the Russian Federation on housing providing the military personnel is based on the Constitution of the Russian Federation, the conventional principles and rules of international law, international treaties of the Russian Federation and consists of this Federal Law, other Federal Laws, and also other regulatory legal acts of the Russian Federation published according to them. Regulation of the relations in the specified sphere is performed also by regulations of the Central bank of the Russian Federation.

Article 3. The basic concepts used in this Federal Law

For the purposes of this Federal Law the following basic concepts are used:

1) accumulative and mortgage system of housing providing the military personnel (further - accumulative and mortgage system) - set of the legal, economic and organizational relations directed to realization of the rights of the military personnel to housing providing;

2) participants of accumulative and mortgage system (further also - participants) - the military personnel - the citizens of the Russian Federation passing military service under the contract and included in the register of participants;

3) the register of participants - the list of participants of accumulative and mortgage system created by federal executive body and federal state body in which the Federal Law provides military service, according to the procedure, established by the Government of the Russian Federation;

4) accumulative fee - the money allocated from the federal budget and considered on personalized accumulation account of the participant;

5) authorized federal body - the federal executive body providing functioning of accumulative and mortgage system according to this Federal Law;

6) accumulatings for housing providing - the set of means including:

a) the accumulative fees considered on personalized accumulation accounts of participants;

b) investment incomes of the means delivered in trust management to managing companies of authorized federal body according to this Federal Law;

c) the means which arrived in authorized federal body on other bases provided by this Federal Law;

7) personalized accumulation account of the participant - the analytics form including set of data on the considered accumulative fees of investment income of the means delivered in trust management about other receipts which are not forbidden by the legislation of the Russian Federation, about transactions on use of accumulatings for housing providing, about debt of the participant of accumulative and mortgage system to authorized federal body, and also the information about the participant;

8) target housing loan - the money provided to the participant of accumulative and mortgage system on returnable non-paid or returnable paid basis according to this Federal Law;

9) settlement total fee - the accumulative fees arriving from the federal budget and considered on personalized accumulation account of the member for the period of military service of the participant of accumulative and mortgage system before the limit of its stay on military service corresponding to the given military rank established by the age Federal Law (without investment income);

10) index investment fund - investment fund which means are invested in securities according to the declared investment index;

11) investment portfolio - assets (money and securities) created at the expense of the means delivered by authorized federal body in trust management based on one trust management agreement;

12) total investment portfolio - set of assets (money and securities) which are in trust management of all managing companies according to this Federal Law;

13) the investment mandate - the list of asset types which managing companies can include in the investment declaration of managing company in case of submission of documents on participation in tender on the conclusion of trust management agreements;

14) investment incomes - dividends and percent (income) on securities and bank deposits, other income types from transactions on investment of accumulatings for housing providing, net financial result from realization of assets, the financial result reflecting change of market value of investment portfolio.

Chapter 2. Organization of accumulative and mortgage system

Article 4. Realization of the right to housing by participants of accumulative and mortgage system

1. The realization of the right to housing by participants of accumulative and mortgage system is enabled by means of:

1) forming of accumulatings for housing providing on personalized accumulation accounts of participants and subsequent use of these accumulatings;

2) provisions of target housing loan;

3) payments for the solution of federal executive body and federal state body in which the Federal Law provides military service, at the expense of the funds of the federal budget allocated corresponding to federal executive body and federal state body in the amount of and according to the procedure which are established by the Government of the Russian Federation, the money supplementing the accumulatings for housing providing considered on personalized accumulation account of the participant to the settlement size of money which the participant of accumulative and mortgage system during the period of date of provision of such means before date when the general duration of its military service in calendar calculation (further - the general duration of military service) could constitute twenty years could save up (without investment income).

2. Payment of the money specified in Item 3 parts of 1 this Article is made:

1) to the participants of accumulative and mortgage system specified in Item 2 of article 10 of this Federal Law at the general duration of military service from ten to twenty years;

2) to members of families of participants of accumulative and mortgage system in the cases provided by part 1 (taking into account part 3) article 12 of this Federal Law;

3) to the participants of accumulative and mortgage system specified in item 4 of article 10 of this Federal Law.

3. Payments of the money specified in Item 3 parts of 1 this Article are made by federal executive bodies or federal state bodies in which the Federal Law provides military service, in three-months time since day of receipt in the corresponding federal executive body or federal state body of the statement in writing from the participant of accumulative and mortgage system or members of his family with request for receipt of payment taking into account requirements of part 3 of article 12 of this Federal Law.

Article 5. Forming of accumulatings for housing providing

1. Accumulatings for housing providing are created at the expense of the following sources:

1) the accumulative fees considered on personalized accumulation accounts of participants at the expense of means of the federal budget;

2) investment incomes of accumulatings for housing providing;

3) other receipts which are not forbidden by the legislation of the Russian Federation.

2. The size of accumulative fee on one participant is established by the Federal Law on the federal budget for year of introduction of accumulative fee in the amount of at least accumulative fee received by indexation of actually assessed and listed accumulative contribution of previous year taking into account the rate of inflation provided by the forecast of social and economic development of the Russian Federation for the next year.

3. The accumulative fees listed quarterly from the federal budget on one participant of accumulative and mortgage system are considered on personalized accumulation account of the participant during the entire period of its military service according to the rules of functioning of accumulative and mortgage system approved by the Government of the Russian Federation containing:

1) procedure for maintaining personalized accumulation accounts of participants;

2) procedure and conditions of use of accumulatings for housing providing, provision and repayment of target housing loans;

3) procedure for provision by authorized federal body of information on managing companies and about specialized depositary, about condition of personalized accumulation accounts of participants;

4) other components of rules of functioning of accumulative and mortgage system.

4. Accounting of accumulative fees on personalized accumulation accounts of participants is performed based on the information about the participants of accumulative and mortgage system represented to authorized federal body by federal executive bodies and federal state bodies in which the Federal Law provides military service.

5. Accounting of accumulative fees on personalized accumulation account of the participant begins with the 1st following after month of opening of this account and stops from the date of closing of this account.

6. Accounting of investment incomes on personalized accumulation accounts of participants is performed by authorized federal body in proportion to the amounts of the accumulatings considered on personalized accumulation accounts of participants and terms of their investment for accounting year.

7. 3 parts of 1 this Article of receipt specified in Item are considered on personalized accumulation account of each participant in proportion to the accumulatings considered on personalized accumulation account as of receipt date of means.

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