of December 3, 2014 No. 1299
About approval of Rules of carrying out the public biddings selling objects of construction in progress
According to Item 1 of Article 239.1 of the Civil code of the Russian Federation the Government of the Russian Federation decides:
1. Approve the enclosed Rules of carrying out the public biddings selling objects of construction in progress.
Russian Prime Minister
Approved by the Order of the Government of the Russian Federation of December 3, 2014 No. 1299
1. These rules establish procedure for carrying out the public biddings selling the objects of construction in progress located on the parcels of land which are in the state-owned or municipal property and provided by results of auction in connection with cancellation of lease agreements of such parcels of land.
2. The public auction is held in the form of the auction opened on the list of participants (further - auction). The auction is held based on the judgment about withdrawal of object of construction in progress at the owner by sale from the public biddings.
3. The auction is held by the executive bodies of the government or local government bodies which took a legal action with the statement for sale of objects of construction in progress at the public biddings or the specialized organization attracted in accordance with the legislation of the Russian Federation based on the contract with the specified bodies.
4. The body or the organization specified in Item 3 of these rules (further - the organizer of auction), prepare the notice on holding the auction.
5. The organizer of auction establishes time, the venue of auction, submission due date of auction participation applications, procedure and terms of introduction and return of deposit, size of increase in starting price of sale of object of construction in progress (further - bid increment).
6. The organizer of auction at least in 35 days prior to day of holding the auction provides publication in the location of the parcel of land on which object of construction in progress, notices on the holding the auction according to the procedure established for official publication (promulgation) of municipal legal acts by the charter of the settlement, municipal district, city district is located and also provides placement of the notice on holding the auction on the official site on the Internet of executive body of the government or the local government body which took a legal action with the statement for sale of object of construction in progress at the public biddings.
The notice on holding the auction at least in 30 days prior to its carrying out is posted by the organizer of auction on the official site of the Russian Federation on the Internet for placement of information on tendering (www.torgi.gov.ru). The specified notice shall be available to acquaintance by all interested persons without collection of payment.
7. The notice on holding the auction shall contain:
a) information about the organizer of auction;
b) data on the court which made the decision on withdrawal of object incomplete construction at the owner by sale from the public biddings with indication of substantive provisions of the judgment;
c) data on the place, date, time and procedure for holding the auction;
d) data on object of construction in progress (further - auction subject), including the approximate determination of its readiness expressed as a percentage, cadastral number (in the presence) and also about the parcel of land on which it is located (the location, the area, cadastral number of the parcel of land resolved use and specifying on extreme parameters of its building);
e) the commitment form on participation in auction with indication of bank details of the account for return of deposit;
e) procedure for applications on participation in auction (the place of acceptance, date and time of the beginning and the end of order taking for participation in auction);
g) amount of deposit, procedure for its introduction and return, bank details of the account for transfer of deposit;
h) starting price of subject of auction which is determined based on assessment of its market value;
i) bid increment.
8. The organizer of auction has no right to refuse holding the auction.
9. Person who has the right to acquire object of construction in progress in property (further - the applicant) can submit the auction participation application.
The applicant makes deposit in the amount of, in terms and according to the procedure which are specified in the notice on holding the auction. If the auction did not take place, the received deposit is subject to return. The deposit made by the applicant who participated in auction, but was not acknowledged as his winner, returns to this applicant within 5 working days from the date of signing of the protocol on results of auction.
In case of the conclusion of the contract with person who won auction, the amount of the deposit made by it is set off on account of obligation fulfillment under the signed agreement.
10. For participation in auction the applicant submits in time, established in the notice on holding the auction, the following documents:
a) the auction participation application in the form established in the notice on holding the auction;
b) copies of identity documents of the applicant (for citizens);
c) properly certified translation into Russian of documents on state registration of the legal entity according to the legislation of foreign state if applicant is the foreign legal entity;
d) the document confirming powers of the person for implementation of actions on behalf of the applicant - the legal entity (the copy of the decision on assignment or about election of physical person to position according to which such person has rights to act on behalf of the applicant without power of attorney (further - the applicant's head). If the applicant is acted by the other person on behalf, the auction participation application shall contain also the power of attorney on implementation of actions on behalf of the applicant certified by seal of the applicant and signed by the head of the applicant or person authorized by this head (for legal entities), or notarially certified power of attorney from physical person, or the notarized copy of such power of attorney. If the specified power of attorney is signed by person authorized by the applicant's head, the auction participation application shall contain also the document confirming powers of such person;
e) the documents confirming making a deposit.
11. It is not allowed to demand from the applicant of submission of documents, not stipulated in Item 10 these rules.
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