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FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 29, 2017 No. 218-FZ

About the public company "Fund of Development of the Territories" and about modification of separate legal acts of the Russian Federation

(as amended on 25-12-2023)

Accepted by the State Duma on July 21, 2017

Approved by the Federation Council on July 25, 2017

Chapter 1. General provisions

Article 1. The relations regulated by this Federal Law

This Federal Law determines procedure for creation, legal status, the purposes of activities, function, power and procedure for management of activities of the public company "Fund of Development of the Territories".

Article 2. Purpose and procedure for creation of the public company

1. The public company "Fund of Development of the Territories" (further - Fund) - the unitary non-profit organization created by the Russian Federation for the purpose of implementation of the functions and powers of public nature provided by this Federal Law.

2. Founder of Fund is the Russian Federation. Functions and powers of the founder of Fund on behalf of the Russian Federation are performed by the federal executive body performing functions on development and realization of state policy and normative legal regulation in the field of construction, architecture, town planning, housing policies, housing and communal services, shared-equity construction of apartment houses and (or) other real estate objects (further - authorized body).

3. The fund acts on the basis of the Charter, approved by the Government of the Russian Federation.

4. The location of Fund is the city of Moscow.

Article 3. Purposes of activities, function, power and activities of Fund

1. Treat the purposes of activities of Fund:

1) creation of safe and favorable conditions for accommodation of citizens;

2) housing and communal services upgrade assistance, to forming of effective controling mechanisms housing stock, to implementation of resource-saving technologies;

3) ensuring reducing housing stock, unsuitable for accommodation;

4) assistance of realization of the state housing policies directed to increase in guarantees of protection of the rights and legitimate interests of citizens - participants of construction, including participants of shared-equity construction, members of the housing cooperatives having requirements about transfer of premises, parking places, non-residential premises. The participant of construction for the purpose of this Federal Law is understood as the physical person having to the builder the requirement about transfer of premises, the requirement about transfer of the parking place and (or) the non-residential premise or monetary claim according to the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)";

4. 1) assistance to ensuring sustainable social and economic development, to investment attraction in development acting and creation of new productions, to development transport and other infrastructures, construction, and also to increase in level and quality of life of citizens according to this Federal Law, other Federal Laws, regulatory legal acts of the Government of the Russian Federation;

5) other purposes determined by the Government of the Russian Federation connected with ensuring sustainable development of the territories, creation of comfortable and favorable conditions for accommodation of citizens, protection of the rights and legitimate interests of citizens - participants of construction.

2. For goal achievement of activities, established by this Federal Law, the Fund performs the following functions and powers:

1) the functions and powers connected with protection of the rights and legitimate interests of citizens - participants of construction;

2) the functions and powers connected with assistance of upgrade of housing and communal services and ensuring reducing housing stock, unsuitable for accommodation;

3) the functions and powers connected with assistance in ensuring sustainable development of the territories and creation of comfortable and favorable conditions for accommodation of citizens;

3. 1) the functions and powers connected with assistance to ensuring sustainable social and economic development, to investment attraction in development acting and creation of new productions, to development transport and other infrastructures, construction, and also to increase in level and quality of life of citizens according to this Federal Law, other Federal Laws, regulatory legal acts of the Government of the Russian Federation;

4) other functions and powers provided by this Federal Law, other Federal Laws, and also regulatory legal acts of the Government of the Russian Federation adopted according to them.

3. To the functions and powers connected with protection of the rights and legitimate interests of citizens - participants of construction, belong:

1) forming of compensation fund due to obligatory expels (fees) of the builders raising money of participants of shared-equity construction according to the legislation on participation in shared-equity construction of apartment houses and (or) other real estate objects, and the property acquired due to investment of the specified money (further - compensation fund);

2) accounting of the arrived obligatory contributions (fees) of builders to compensation fund and interaction with the federal executive body and its territorial authorities performing the state cadastral registration, state registration of the rights, maintaining the Single state real estate register and provision of the data containing in the Single state real estate register (further - body of registration of the rights), according to the procedure, stipulated in Article the 11th this Federal Law, for the purpose of ensuring control of execution of obligation by the builder on payment of obligatory contributions (fees) to compensation fund;

3) payment at the expense of property of Fund of compensation to citizens - the participants of construction having requirements about transfer of premises, parking places, and also the non-residential premises determined by subitem 3.1 of Item 1 of article 201.1 of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" (further - non-residential premises), in case of insolvency (bankruptcy) of the builder, including housing cooperative, according to this Federal Law;

4) payment at the expense of property of Fund of compensation to the citizens who are members of housing cooperative or other specialized consumer cooperative which is created according to article 201.10 of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" and to which the rights of the builder to object of construction in progress and the parcel of land were transferred (further - cooperative) if requirements of the specified citizens were extinguished in the case of bankruptcy of builder by such transfer according to the register of requirements of participants of construction (the register of requirements about transfer of premises) and if the specified citizens have requirements about transfer of premises, parking places and (or) non-residential premises concerning the conforming cooperative;

5) interaction with Fund of pension and social insurance of the Russian Federation and its territorial authorities for transfer of part of compensation in case of payment to his citizen for the agreement providing transfer of premises in the amount of means (part of means) of the maternity (family) capital;

6) accreditation of arbitration managers for the purpose of implementation of powers of the receiver by them (the external managing director) in the case of bankruptcy of builder according to the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" according to the procedure, established by the federal executive body authorized by the Government of the Russian Federation on implementation of functions on development of state policy and normative legal regulation in the field of insolvency (bankruptcy) and financial improvement and approval of the training program of arbitration managers as receivers (external managing directors) in case of bankruptcy of builders;

7) financing at the expense of property of Fund of actions for completion of construction of apartment houses, houses of the blocked building (if the number of such houses makes three and more), buildings (constructions) intended only for placement of parking places (further - objects of construction in progress), and also on completion of construction (construction) of objects of technical infrastructure, the objects of social infrastructure intended for placement of the preschool educational organizations, general education organizations, polyclinics, objects of transport infrastructure and capital construction projects, providing connection (technology accession) of construction objects to networks of engineering facilities for the purpose of the subsequent voluntary conveyance of infrastructure facilities in the state-owned or municipal property (further - infrastructure facilities), including infrastructure facilities, necessary for ensuring input in case of completion of construction of facilities of construction in progress in operation;

8) issue of the guarantee, stipulated in Article 13.2 presents of the Federal Law;

9) realization of the property transferred to Fund for the bases, the stipulated in Article 201.15-2-2 Federal Laws of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" according to article 13.4 of this Federal Law;

10) making as the agent of non-profit organization in the form of business of fund created by the subject of the Russian Federation according to article 21.1 of the Federal Law of December 30, 2004 No. 214-FZ "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" (further - Fund of the subject of the Russian Federation), legal and other acts, including the transactions connected with realization of residential and non-residential premises, parking places in the objects which are in property of Fund of the subject of the Russian Federation which completion of construction was performed with attraction of financial resources of Fund, according to the procedure, established by the Government of the Russian Federation;

11) implementation of construction, reconstruction of capital construction projects on the parcels of land, including the rights to which are transferred to Fund for the bases, the stipulated in Article 201.15-2-2 Federal Laws of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)", according to parts 2 - 4 articles 3 of the Federal Law of December 30, 2020 No. 542-FZ "About introduction of amendments to article 201.15-2-2 of the Federal law "About Insolvency (Bankruptcy)" and articles 3 and 13.4 of the Federal law "About the Public Company on Protection of the Rights of Citizens — Participants of Shared-equity Construction in case of Insolvency (Bankruptcy) of Builders and about Modification of Separate Legal Acts of the Russian Federation";

12) implementation of functions of the technical customer, including carrying out by Fund or the legal entity of construction supervision who is specially created by it for these purposes, including by creation by Fund for the purposes of implementation of such functions of the special legal entity, concerning apartment houses and (or) other real estate objects which completion of construction is performed by Fund of the subject of the Russian Federation with use of the money provided by Fund;

13) implementation of other functions and powers connected with protection of the rights and legitimate interests of citizens - the participants of construction provided by this Federal Law, other Federal Laws, regulatory legal acts of the Government of the Russian Federation.

4. Treat the functions and powers connected with assistance of upgrade of housing and communal services and ensuring reducing housing stock, unsuitable for accommodation:

1) provision of target means to budgets of subjects of the Russian Federation on irretrievable and non-paid basis on complex development of the territory of the housing estate, on resettlement of citizens from emergency housing stock, carrying out capital repairs of apartment houses, upgrade of systems of utility infrastructure according to this Federal Law, the Federal Law of July 21, 2007 No. 185-FZ "About Fund of assistance to housing and communal services reforming" and regulatory legal acts of the Government of the Russian Federation (further - financial support by fund);

2) creation, commissioning, operation, upgrade, development, conclusion from operation of information systems, including in cases and procedure which are determined by authorized body, for the purpose of carrying out monitoring in the field of housing and communal services, forming, maintaining the register of the territories on which the decision on complex development of the territory of the housing estate, the register of the apartment houses recognized emergency and subject to demolition or reconstruction can be made the register of the premises recognized unsuitable for accommodation, the register of the citizens who are owners of premises in the apartment houses recognized emergency and subject to demolition or reconstruction, the citizens who are owners of the premises recognized unsuitable for accommodation, citizens, being users of the specified premises under the agreement of social hiring with indication of the rights of citizens in connection with recognition of apartment houses emergency and subject to demolition or reconstruction, recognition of premises unsuitable for accommodation, the register of the apartment houses recognized being in restrictedly operating technical condition;

3) implementation of monitoring of implementation of the regional address programs for resettlement of citizens from emergency housing stock adopted according to requirements of the housing legislation of regional programs of capital repairs of common property in the apartment houses approved by public authorities of subjects of the Russian Federation of short-term plans of implementation of regional programs of capital repairs of common property in apartment houses, regional programs for upgrade of systems of utility infrastructure, implementation by regional operators of the activities aimed at providing carrying out capital repairs of common property in apartment houses and also accomplishment of conditions of provision of financial support by fund;

4) accomplishment in cases and procedure which are established by the Government of the Russian Federation, functions of the agent of the Government of the Russian Federation on provision of social payments on acquisition of premises in the territory of the Russian Federation to the citizens belonging to the categories established by the Federal Laws, presidential decrees of the Russian Federation and acts of the Government of the Russian Federation;

5) implementation of monitoring of elimination of accidents and incidents on objects of housing and communal services in cases and procedure which are determined by authorized body;

6) implementation in cases and procedure which are determined by authorized body, monitoring of condition of systems and subjects to water supply, water disposal (including removal of surface sewage), heat supply including monitoring of program implementation of upgrade of such systems and objects, including investing programs, implementation of concessionary agreements;

7) attraction of credit and other borrowed funds according to the procedure and on conditions which are determined by the supervisory board of Fund, for the purpose of provision of financial support to subjects of the Russian Federation on resettlement of citizens from emergency housing stock according to part 5 of article 19 of the Federal Law of July 21, 2007 No. 185-FZ "About Fund of assistance to housing and communal services reforming";

8) attraction of financial resources of National welfare fund, including by placement of bonds without providing, according to the procedure and on conditions which are determined by the Government of the Russian Federation, and provision at the expense of the raised funds of loans to legal entities, including by acquisition of bonds of legal entities in case of their primary placement, for the purpose of, determined by article 13.7 of this Federal Law, taking into account the requirements provided by the specified Article;

9) implementation of the information and explanatory and other activities directed to education of citizens in the field of housing and communal services;

10) assistance in training in the field of housing and communal services;

11) implementation of other functions and powers connected with assistance of upgrade of housing and communal services and ensuring reducing housing stock, unsuitable for accommodation, provided by this Federal Law, other Federal Laws, regulatory legal acts of the Government of the Russian Federation.

5. Treat the functions and powers connected with assistance in ensuring sustainable development of the territories and creation of comfortable and favorable conditions for accommodation of citizens:

1) assistance to complex development of the territories according to the legislation on town-planning activities;

2) implementation of functions of the builder, technical customer, operator of the complex development of the territory determined according to the Town-planning code of the Russian Federation in the cases determined by the Government of the Russian Federation;

3) realization of subjects of the Russian Federation of the programs, joint with executive bodies, directed to construction (completion of construction) of apartment houses on the parcels of land belonging to Fund with the subsequent transfer of part of premises to executive bodies of subjects of the Russian Federation for their provision to the citizens needing improvement of housing conditions, to the citizens moved from emergency housing stock, to orphan children and children without parental support, persons from among orphan children and children without parental support, to the citizens having low income level, to the citizens suffering from severe form of chronic diseases, to large families (further - separate categories of citizens);

4) government relations, local government bodies and builders;

5) implementation of other functions and powers connected with assistance in ensuring sustainable development of the territories and creation of comfortable and favorable conditions for accommodation of the citizens provided by this Federal Law, other Federal Laws, regulatory legal acts of the Government of the Russian Federation.

5.1. The functions and powers connected with assistance to ensuring sustainable social and economic development, to investment attraction in development acting and creation of new productions, to development transport and other infrastructures, construction, and also to increase in level and quality of life of citizens, are determined by this Federal Law, other Federal Laws, regulatory legal acts of the Government of the Russian Federation.

6. For the purpose of accomplishment of the functions and powers provided by this Federal Law, the Fund has the right:

To create 1) legal entities in accordance with the legislation of the Russian Federation, including specialized societies of project financing;

2) to perform the founder's rights concerning the legal entities created by it and who are unitary legal entities;

To bring 3) in the authorized capital of the legal entities specified in Item 1 of this part, the parcels of land with the inseparable improvements which are on them transferred to Fund for the bases, the stipulated in Article 201.15-2-2 Federal Laws of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)";

4) to perform the corporate (member) laws and to fulfill duties concerning legal entities, participant (member) of which is the Fund;

5) to issue bonds in accordance with the legislation of the Russian Federation;

6) to invest temporarily available funds according to the procedure, established by the Government of the Russian Federation;

7) to perform other, including revenue-producing, the activities directed to goal achievement, delivered before Fund according to this Federal Law, other Federal Laws, regulatory legal acts of the Government of the Russian Federation.

7. The fund for the purpose of implementation of the functions and powers assigned to it can be the participant of state programs of the Russian Federation in accordance with the legislation of the Russian Federation.

8. The fund performs the types of activity which are not prohibited by the legislation of the Russian Federation and answering the purpose of its creation.

9. The fund constitutes consolidated financial statements according to requirements of the Federal Law of July 27, 2010 No. 208-FZ "About consolidated financial statements".

10. Annual accounting (financial) accounts and annual consolidated financial statements of Fund are subject to annual statutory audit by the auditing organization which is selected on competitive basis according to the Federal Law of July 3, 2016 No. 236-FZ "About the public companies in the Russian Federation and about modification of separate legal acts of the Russian Federation". The audit opinion is posted on the website of Fund on the Internet and is subject to the direction in authorized body and the Government of the Russian Federation.

11. The Audit Chamber of the Russian Federation and other state bodies of the Russian Federation in accordance with the legislation of the Russian Federation perform external state audit (control) concerning Fund.

12. Activities of Fund are subject to the annual actuarial estimation provided by part 13 of this Article.

13. Obligatory actuarial estimation is carried out according to the legislation on actuarial activities. The actuarial conclusion shall conform to requirements, the established Federal Law of November 2, 2013 No. 293-FZ "About actuarial activities in the Russian Federation" and to contain results of actuarial estimation of the current and future obligations of Fund to participants of shared-equity construction, results of estimation of actuarial property value of compensation fund, and also results of actuarial estimation of obligation fulfillment of Fund before citizens - participants of shared-equity construction in the conditions of the current receipts of obligatory assignments (fees) of builders. The actuarial conclusion is posted on the website of Fund on the Internet and is subject to the direction in authorized body and the Government of the Russian Federation.

14. The annual statement of Fund goes to the President of the Russian Federation, in the Federation Council of Federal Assembly of the Russian Federation, the State Duma of Federal Assembly of the Russian Federation, the Government of the Russian Federation, Public chamber of the Russian Federation till July 15 of the year following after accounting year and is subject to obligatory placement on the website of Fund on the Internet in the specified time in the amount determined by the solution of the supervisory board of Fund with observance of requirements of the legislation of the Russian Federation on the state secret.

15. The fund represents to public legal entity with which the agreement on provision of subsidy in the form of property fee in property of Fund, information on the amount by actually made builders performing construction of facilities in the territory of the corresponding public legal entity, expenses directed to protection of the rights and legitimate interests of citizens - participants of construction, according to the procedure, established by the Government of the Russian Federation, and in the form approved by the Government of the Russian Federation is signed.

16. Requirements to credit institutions in the territory of the Russian Federation in which the Fund has the right to open bank and other accounts and with which the Fund has the right to sign bank deposit agreements (deposit), and term during which measures for return of the money placed on accounts and in deposits in credit institutions in the territory of the Russian Federation which ceased to conform to the specified requirements shall be taken by Fund are established by the Government of the Russian Federation according to the Federal Law of July 3, 2016 No. 236-FZ "About the public companies in the Russian Federation and about modification of separate legal acts of the Russian Federation".

Article 4. Property Fonda

1. The property of Fund is created at the expense of property fees of the Russian Federation, property of legal entities which legal successor is the Fund, compensation fund, and also the property acquired at the expense of property fees of the Russian Federation, investment of temporarily available funds, voluntary property contributions, including public legal entities, income gained by Fund from implementation of the activities, and other receipts which are not prohibited by the legislation of the Russian Federation.

2. The property of Fund belongs to it on the property right and is used for goal achievement of activities of Fund and implementation of the functions and powers assigned to it.

3. The procedure and terms of forming of property of Fund are established by the Government of the Russian Federation in the part which is not settled by this Federal Law and other Federal Laws.

4. The money of Fund including received as a result of revenue-producing activities are spent for realization of the functions and powers assigned to it.

5. Income gained by Fund from investment of temporarily available funds, and other receipts which are not prohibited by the legislation of the Russian Federation go including for interest payment for use of the credit and other borrowed funds raised by Fund according to Item 7 of part 4 of article 3 of this Federal Law.

6. Investment of temporarily available funds of Fund it is performed on the principles of recoverability, profitability and liquidity. Procedure, conditions of investment of temporarily available funds of Fund and the list of the permitted investment objects of temporarily available funds of Fund are established by the Government of the Russian Federation.

7. The size of the means necessary for ensuring activities of Fund is annually established by the supervisory board of Fund.

8. Ensuring activities of Fund it is performed for the account:

1) investment incomes of temporarily available funds of Fund;

2) parts of income gained from investment of means of compensation fund;

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