135 fz dated 01.07 17 publication. The law of the Russian Federation "on the status of the capital of the Russian
Submit to the Air Code Russian Federation(Collected Legislation of the Russian Federation, 1997, No. 12, Art. 1383; 2004, No. 35, Art. 3607; 2007, No. 50, Art. 6245; 2015, No. 29, Art. 4380) the following changes:
1) Article 46 is recognized as invalid;
2) article 47 shall be stated in the following wording:
“Article 47. Airfield territory
1. The aerodrome territory is established by the decision of the federal executive body authorized by the Government of the Russian Federation in order to ensure the safety of aircraft flights, the prospective development of the airport and to exclude the negative impact of the aerodrome equipment and aircraft flights on human health and environment in accordance with this Code, land legislation, legislation on urban planning activities, taking into account the requirements of legislation in the field of ensuring the sanitary and epidemiological welfare of the population.
The decision specified in the first paragraph of this paragraph establishes restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities in accordance with this Code (hereinafter referred to as restrictions on the use of real estate objects and the implementation of activities).
2. The aerodrome area is an area with special conditions use of territories.
3. The following sub-zones may be distinguished on the aerodrome territory, in which restrictions on the use of real estate and activities are established:
1) the first subzone, in which it is prohibited to place objects that are not intended for organizing and servicing air traffic and air transportation, ensuring takeoff, landing, taxiing and parking of aircraft;
2) the second subzone, in which it is prohibited to place objects not intended for servicing passengers and handling baggage, cargo and mail, servicing aircraft, storing aviation fuel and refueling aircraft, providing energy supply, as well as objects that are not related to the infrastructure of the airport;
3) the third subzone, in which it is prohibited to place objects whose height exceeds the restrictions established by the federal executive body authorized by the Government of the Russian Federation when establishing the corresponding aerodrome territory;
4) the fourth subzone, in which it is prohibited to place objects that interfere with the operation of ground facilities and systems for air traffic services, navigation, landing and communications intended for organizing air traffic and located outside the first subzone;
5) the fifth subzone, in which it is prohibited to place hazardous production facilities, the operation of which may affect the safety of aircraft flights;
6) the sixth subzone, in which it is prohibited to place objects that contribute to the attraction and mass accumulation of birds;
7) the seventh subzone, in which, due to the excess of the level of noise, electromagnetic effects, concentrations of pollutants in atmospheric air it is forbidden to place objects, the types of which, depending on their functional purpose, are determined by the federal executive body authorized by the Government of the Russian Federation when establishing the appropriate aerodrome territory, taking into account the requirements of the legislation in the field of ensuring the sanitary and epidemiological welfare of the population, unless otherwise established by federal laws.
4. The procedure for establishing the aerodrome territory and the procedure for allocating subzones on the aerodrome territory, in which restrictions are established on the use of real estate and the implementation of activities, are approved by the Government of the Russian Federation.
Establishment of an aerodrome territory for structures intended for takeoff, landing, taxiing and parking of aircraft (hereinafter referred to as aerodrome structures) and planned for construction, reconstruction, is carried out in accordance with the main characteristics of aerodrome structures contained in the territorial planning schemes of the Russian Federation, territorial planning schemes subjects of the Russian Federation, master plans of cities federal significance Moscow, St. Petersburg and Sevastopol and territory planning documentation.
5. In case of architectural and construction design for the purpose of construction, reconstruction of aerodrome structures, a draft decision of the federal executive body authorized by the Government of the Russian Federation on the establishment of an aerodrome territory is prepared by the developer who carries out the construction of aerodrome structures. The specified draft decision is approved by the federal executive body authorized by the Government of the Russian Federation, subject to a positive sanitary and epidemiological conclusion of the federal executive body exercising federal state sanitary and epidemiological supervision, on the compliance of the specified draft decision with the requirements of the legislation in the field of ensuring the sanitary and epidemiological welfare of the population. The specified draft decision is also subject to agreement with the highest executive bodies of state power of the constituent entities of the Russian Federation, within the boundaries of whose territories the aerodrome territory is located in whole or in part (in terms of the compliance of the specified draft decision, the allocation of subzones on the aerodrome territory, the establishment of restrictions on the use of real estate in such subzones and the implementation the procedure for describing the location of the borders of the aerodrome territory and the procedure for allocating subzones on the aerodrome territory in which restrictions are established on the use of real estate and activities), taking into account the conclusions of the authorized bodies of local self-government of municipalities, within the boundaries of the territories of which the aerodrome territory is fully or partially located, containing calculations the amount of damage to be compensated to citizens, legal entities and public legal entities in connection with the restrictions on the use of real estate and the implementation of activities established on the aerodrome territory. Approval of the said draft decision or refusal to approve it shall be submitted to the federal executive bodies authorized by the Government of the Russian Federation within thirty days from the date of receipt of the said draft decision by the highest executive body of state power of the constituent entity of the Russian Federation. In case of failure to submit the approval of the said draft decision or failure to submit a refusal to approve it in fixed time the specified draft decision is considered agreed. The procedure for resolving disagreements arising between the highest executive bodies of state power of the constituent entities of the Russian Federation and the federal executive bodies authorized by the Government of the Russian Federation when agreeing on the said draft decision is approved by the Government of the Russian Federation.
6. With regard to a joint-based aerodrome or an aerodrome of joint use, the decision to establish an aerodrome territory is approved by the federal executive body authorized by the Government of the Russian Federation in agreement with the federal executive bodies that are allowed to be jointly based on an aerodrome or that share the use of an aerodrome.
7. In the event that in the rules for land use and development of a settlement, urban district, inter-settlement territory, violations of restrictions on the use of real estate objects and activities established on the aerodrome territory, the operator of the aerodrome civil aviation or an organization operating an experimental aviation aerodrome or authorized by the federal executive body in charge of the state aviation aerodrome, are obliged to prepare a conclusion on violation of the restrictions on the use of real estate and activities established on the aerodrome territory and send it to the federal executive body authorized by the Government of the Russian Federation authorities.
The federal executive body authorized by the Government of the Russian Federation, within ten days from the date of receipt of the conclusion on the violation of the restrictions on the use of real estate objects and the implementation of activities established on the aerodrome territory, is obliged to send an order to the local self-government body of the relevant municipality to eliminate violations of the restrictions on the use of real estate objects established on the aerodrome territory and the implementation of activities that are allowed in the rules for land use and development of a settlement, urban district, inter-settlement territory, including the demolition of an unauthorized building. Such an order may be appealed by the local self-government body of the relevant municipality to the court.
The federal executive body authorized by the Government of the Russian Federation is obliged to notify the highest executive body of state power of the constituent entity of the Russian Federation, on whose territory the relevant municipality is located, of violations of restrictions on the use of real estate and activities established on the aerodrome territory, which are allowed in the rules for land use and development of the settlement, urban district, inter-settlement territory.
8. The developer, which carries out the construction of aerodrome structures, compensates for the damage caused to citizens, legal entities and public legal entities in connection with restrictions on the use of real estate and activities established on the aerodrome territory.
Include in Article 12 of the Federal Law of March 30, 1999 No. 52-FZ "On the sanitary and epidemiological well-being of the population" (Collected Legislation of the Russian Federation, 1999, No. 14, Art. 1650; 2006, No. 52, Art. 5498; 2011, No. 30, articles 4563, 4596; 2014, No. 26, article 3377) the following changes:
1) in the name of the word "urban and rural settlements» exclude;
2) clause 2 shall be supplemented with a paragraph with the following content:
"The procedure for establishing sanitary protection zones and the use of land plots located within the boundaries of sanitary protection zones is approved by the Government of the Russian Federation.".
Include in the Town Planning Code of the Russian Federation (Collected Legislation of the Russian Federation, 2005, No. 1, Art. 16; 2006, No. 1, Art. 21; No. 52, Art. 5498; 2008, No. 29, Art. 3418; No. 30, Art. 3604, 3616; 2009, No. 48, item 5711; 2010, No. 48, item 6246; 2011, No. 13, item 1688; No. 17, item 2310; No. 27, item 3880; No. 30, item 4563, 4572, 4591, 4594; No. 49, 7015, 7042; 2012, No. 31, 4322; No. 47, 6390; No. 53, 7614, 7619, 7643; 2013, No. 9, 873; No. 14, 1651; No. 43, 5452; No. 52, 6983; 2014, No. 14, 1557; No. 19, 2336; No. 26, 3377; No. 42 , Article 5615; No. 43, Article 5799; No. 48, Article 6640; 2015, No. 1, Articles 9, 11, 86; No. 29, Article 4342; No. 48, Article 6705; 2016, No. 1 , item 79; No. 27, item 4248, 4294, 4301, 4302, 4303, 4305, 4306; No. 52, item 7494) the following changes:
1) Clause 4 of Article 1 after the words "zones of protected objects," add the words "airfield area,";
2) Article 30 shall be supplemented with parts 7 and 8 of the following content:
“7. The approved rules for land use and development of a settlement, urban district, inter-settlement territory are not applied in the part that contradicts the restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities established on the aerodrome territory, within the boundaries of which the the aerodrome territory established in accordance with the Air Code of the Russian Federation (hereinafter referred to as restrictions on the use of real estate objects established on the aerodrome territory).
8. The term for bringing the approved land use and development rules in line with the restrictions on the use of real estate objects established on the aerodrome territory cannot exceed six months.”;
3) in Article 31:
a) Part 3 shall be supplemented with the following sentence: “If the rules for land use and development are brought into line with the restrictions on the use of real estate objects established on the aerodrome territory, public hearings are not held.”;
b) add part 7.1 with the following content:
“7.1. If the land use and development rules are brought into line with the restrictions on the use of real estate objects established on the aerodrome territory, the publication of a notice on the decision to prepare a project to amend the land use and development rules is not required.”;
c) add parts 8.2 and 8.3 as follows:
“8.2. The draft rules for land use and development, prepared in relation to the territory of the municipality, within the boundaries of which the aerodrome territory is located in whole or in part, no later than ten days from the date of the decision to hold public hearings on such a project in accordance with part 11 of this article, shall be sent to the federal executive body authorized by the Government of the Russian Federation.
8.3. The federal executive body authorized by the Government of the Russian Federation, if the draft rules for land use and development contradict the restrictions on the use of real estate objects established on the aerodrome territory, no later than ten days after the date of receipt of the draft rules for land use and development, sends it to the local government body of the relevant municipal formation of an instruction to bring the draft land use and development rules in line with the restrictions on the use of real estate objects established on the aerodrome territory, which is subject to mandatory execution when approving the land use and development rules. The said order may be appealed by the local self-government body of the relevant municipality to the court.”;
d) part 15 shall be supplemented with the words "except for cases when they are not required in accordance with this Code";
4) in Article 32:
a) in part 1, the second sentence shall be supplemented with the words "except for cases when they are not required in accordance with this Code";
b) add part 3.1 with the following content:
“3.1. The approved rules for land use and development are subject to placement in the federal state information system for territorial planning no later than ten days after the date of approval of the said rules. In the event that the aerodrome territory established in accordance with the Air Code of the Russian Federation is wholly or partially located within the boundaries of a municipal formation, the local self-government body of such a municipal formation no later than five days after the date of placement of the approved rules for land use and development in the federal state information system of the territorial planning notifies in electronic form and (or) by mail the federal executive body authorized by the Government of the Russian Federation of the placement of these rules in the federal state information system of territorial planning.
5) in Article 33:
a) Part 2 shall be supplemented with paragraph 1.1 of the following content:
"1.1) receipt from the federal executive body authorized by the Government of the Russian Federation, binding for execution within the time limits established by the legislation of the Russian Federation, of an order to eliminate violations of restrictions on the use of real estate objects established on the aerodrome territory, which are allowed in the rules for land use and development of a settlement, urban district, inter-settlement territory;”;
b) add part 4.1 with the following content:
“4.1. The project on amendments to the rules for land use and development, which provide for bringing these rules in line with the restrictions on the use of real estate objects established on the aerodrome territory, is not subject to consideration by the commission.”;
c) add part 6 of the following content:
“6. The head of the local administration, upon receipt from the federal executive body authorized by the Government of the Russian Federation of the order specified in paragraph 1.1 of part 2 of this article, is obliged to make a decision on amending the rules for land use and development. The order specified in clause 1.1 of part 2 of this article may be appealed by the head of the local administration to the court.”;
6) Article 40 shall be supplemented with part 8 of the following content:
"8. Granting permission to deviate from the limiting parameters of permitted construction, reconstruction of capital construction facilities is not allowed if such a deviation does not comply with the restrictions on the use of real estate objects established on the aerodrome territory.”;
7) in Article 51:
a) Part 3 shall be supplemented with the words “and also in case of non-compliance of the project documentation of capital construction facilities with the restrictions on the use of real estate objects established on the aerodrome territory”;
b) add parts 12.1 and 12.2 as follows:
“12.1. The federal executive body authorized to issue building permits, the executive body of a constituent entity of the Russian Federation, the local self-government body or an authorized organization carrying out public administration use of atomic energy and state management in the implementation of activities related to the development, manufacture, disposal nuclear weapons and nuclear power plants for military purposes, or the State Corporation for Space Activities "Roscosmos" within ten days from the date of issuance of a permit to the developer for construction within the boundaries of the aerodrome territory, submits a copy of such a permit to the federal executive body authorized by the Government of the Russian Federation.
12.2. The federal executive body authorized by the Government of the Russian Federation, within thirty days, checks the compliance of the issued construction permit with the restrictions on the use of real estate objects established on the aerodrome territory, and in case of detection of a violation of the restrictions on the use of real estate objects established on the aerodrome territory, sends to the federal executive authority, an executive authority of a constituent entity of the Russian Federation, a local self-government body or an authorized organization exercising state management of the use of atomic energy and state management in the implementation of activities related to the development, manufacture, disposal of nuclear weapons and nuclear power plants for military purposes, or the State Corporation for Space Activities " Roskosmos" order to terminate the construction permit. ";
c) Part 21.1 shall be supplemented with clause 1.1 as follows:
"1.1) receipt of an order from the federal executive body authorized by the Government of the Russian Federation to terminate the construction permit on the basis of non-compliance of the construction permit with the restrictions on the use of real estate objects established on the aerodrome territory;".
1. Prior to the establishment of aerodrome territories in the manner prescribed by the Air Code of the Russian Federation (as amended by this Federal Law), the federal executive bodies authorized by the Government of the Russian Federation, no later than within thirty days from the date of the official publication of this Federal Law, must post on their official websites in the information and telecommunications network "Internet" a description of the location of the boundaries of the aerodrome territories, information about which was entered in the state real estate cadastre before January 1, 2016, in order to coordinate the placement of objects specified in this article within the boundaries of the aerodrome territories, without entering information about the boundaries of the aerodrome territories to the Unified State Register of Real Estate. The publication of the specified information is carried out taking into account the requirements of the legislation of the Russian Federation on state secrets.
2. Until the date of this Federal Law, the federal executive bodies authorized by the Government of the Russian Federation, in the absence of the description of the location of the boundaries of the aerodrome territories specified in this article in the state real estate cadastre, as of January 1, 2016, must approve the maps (diagrams) available on the day of the official publication of this Federal Law , which display the boundaries of air access lanes at experimental aviation aerodromes, state aviation aerodromes, civil aviation aerodromes, the boundaries of aerodrome sanitary protection zones, and also post these maps (schemes) on the website of the federal executive body authorized by the Government of the Russian Federation in the information and telecommunications network "Internet" in order to coordinate the placement within such boundaries of the objects specified in this article, without entering information about such boundaries in the Unified State Register of Real Estate. These maps (schemes) are subject to approval by the highest executive bodies of state power of the constituent entities of the Russian Federation, within the boundaries of the territories of which the aerodrome territory is located in whole or in part (in terms of the correspondence of the description of the location of the boundaries of air access lanes at aerodromes, the description of the location of the boundaries of the sanitary protection zones of aerodromes and restrictions use of land plots and (or) real estate objects located on them and the implementation of economic and other activities within such boundaries to the established requirements). Approval of the said maps (schemes) or refusal to approve them shall be submitted to the said federal executive bodies within thirty days from the date of receipt of the drafts of the said maps (schemes) by the highest executive state authorities of the constituent entities of the Russian Federation. In case of failure to submit the approval of the specified maps (schemes) or failure to submit a refusal to approve them within the established period, the specified maps (schemes) are considered approved. The procedure for resolving disagreements arising between the highest executive bodies of state power of the constituent entities of the Russian Federation and the federal executive bodies authorized by the Government of the Russian Federation when agreeing on drafts of these maps (schemes) is approved by the Government of the Russian Federation.
3. Prior to the establishment of aerodrome territories in the manner prescribed by the Air Code of the Russian Federation (as amended by this Federal Law), architectural and construction design, construction, reconstruction of capital construction facilities, placement of radio engineering and other facilities that may threaten the safety of aircraft flights, provide negative impact on human health and the environment, to interfere with the operation of radio equipment installed at an aerodrome, radar and radio navigation facilities designed to ensure aircraft flights, within the boundaries of the aerodrome territories specified in this Article or the air approach lanes specified in this Article at aerodromes, sanitary -protective zones of aerodromes should be carried out subject to the coordination of the placement of these objects within a period of not more than thirty days:
1) with the organization operating the experimental aviation aerodrome - for the experimental aviation aerodrome;
2) with an organization authorized by the federal executive body in charge of the state aviation aerodrome - for a state aviation aerodrome;
3) with the federal executive body exercising the functions of providing public services and managing state property in the field of air transport (civil aviation) - for a civil aviation aerodrome. In case of failure to submit an agreement on the placement of these objects or failure to submit a refusal to agree on their placement within the established period, the placement of the object is considered agreed.
4. The coordination specified in this article shall be carried out if there is a positive sanitary and epidemiological conclusion of the federal executive body exercising federal state sanitary and epidemiological supervision on the compliance of the location of the facilities indicated in part 3 of this article with the requirements of legislation in the field of ensuring the sanitary and epidemiological welfare of the population, issued within thirty days from the date of receipt of the application by the given federal executive body.
5. Upon the expiration of three hundred and sixty days from the date of the official publication of this Federal Law, the violation of the requirements of the Air Code of the Russian Federation on the establishment of aerodrome territories and the corresponding restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities and the operation of such an aerodrome are recognized violation of aircraft flight safety requirements.
6. The highest executive body of state power of a subject of the Russian Federation shall have the right to apply to the Government of the Russian Federation with a proposal to suspend air transportation at an aerodrome if, after three hundred and sixty days from the date of the official publication of this Federal Law, the federal executive body authorized by the Government of the Russian Federation has not established the corresponding aerodrome area.
7. With regard to aerodromes put into operation before the date of this Federal Law:
1) until the establishment of aerodrome territories in the manner prescribed by the Air Code of the Russian Federation (as amended by this Federal Law), restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities established before the date of this Federal Law, restrictions the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities established within the boundaries of the aerodrome territories specified in this article or air access lanes at aerodromes specified in this article, sanitary protection zones of aerodromes, zones of sanitary gaps of aerodromes, are not applied to capital construction objects, architectural and construction design, construction, reconstruction of which are agreed by the owner of the relevant aerodrome and (or) the authorized state authority exercising the powers of the owner of the relevant aerodrome, as well as in relation to land plots and (or) objects located on them real estate, the rights to which citizens or legal entities arose prior to the date of entry into force of this Federal Law, unless these restrictions are established in order to ensure the safety of aircraft flights. Losses caused to public legal entities in connection with established restrictions use of land plots and (or) real estate objects located on them and the implementation of economic and other activities are not subject to compensation;
2) a draft decision of the federal executive body authorized by the Government of the Russian Federation on the establishment of an aerodrome territory, including, among other things, the establishment of restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities, is prepared by the aerodrome operator and approved by the authorized Government of the Russian Federation Federation by the federal executive body in the presence of a positive sanitary and epidemiological conclusion of the federal executive body exercising federal state sanitary and epidemiological supervision on compliance this project meeting the requirements of the legislation in the field of ensuring the sanitary and epidemiological welfare of the population in agreement with the highest executive bodies of state power of the constituent entities of the Russian Federation, within the boundaries of whose territories the aerodrome territory is located in whole or in part (in terms of compliance with this draft decision, the allocation of subzones on the aerodrome territory, the establishment in such subzones of restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities; formations, within the boundaries of which the aerodrome territory is located in whole or in part, containing the calculation of the amount of damage subject to compensation to citizens, legal entities and public legal entities in connection with the establishment of restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities. Approval of this draft decision or refusal to approve it is subject to submission to the federal executive bodies authorized by the Government of the Russian Federation within thirty days from the date of receipt of this draft decision by the highest executive body of state power of the constituent entity of the Russian Federation. In case of failure to submit the approval of this draft decision or failure to submit a refusal to approve it within the prescribed period, this draft decision is considered agreed. The procedure for resolving disagreements arising between the highest executive bodies of state power of the constituent entities of the Russian Federation and the federal executive bodies authorized by the Government of the Russian Federation when agreeing on this draft decision is approved by the Government of the Russian Federation;
3) the establishment of the aerodrome territory is carried out in accordance with the main characteristics of the structures intended for take-off, landing, taxiing and parking of aircraft contained in the aeronautical passport of the civil aviation aerodrome, instructions for operating flights in the area of the state aviation aerodrome or experimental aviation aerodrome;
4) the aerodrome operator compensates for the damage caused to citizens and legal entities when their rights to land and (or) real estate objects located on them that arose before the day of this Federal Law, except for cases of unauthorized construction, in connection with the establishment of previously unestablished restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities, including when establishing an aerodrome area in the manner prescribed by the Air Code of the Russian Federation (as amended by this Federal Law), except for the cases provided for in this part. Losses caused to public legal entities in connection with the established restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities are not subject to compensation. In the event that the operator of the aerodrome and the operator of the airport, which includes the corresponding aerodrome, are different persons, the distribution between them of the amount of this damage subject to compensation is determined by an agreement between them. In the event that such an agreement is not concluded, the given aerodrome operator and the airport operator shall jointly and severally indemnify for this damage;
5) restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities established in the seventh subzone of the aerodrome territory when establishing aerodrome territories in the manner prescribed by the Air Code of the Russian Federation (as amended by this Federal Law) do not apply in relation to land plots and (or) real estate objects located on them, the rights to which citizens or legal entities arose prior to the date of this Federal Law;
6) at the expense of the relevant budget of the budgetary system of the Russian Federation, the damage caused to citizens and legal entities in the event of restriction of their rights to land plots and (or) real estate objects located on them that arose before the day of this Federal Law is compensated, with the exception of cases of unauthorized construction, in connection with the establishment, in order to ensure the safety of aircraft flights, of restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities, if the use of such land plots and (or) real estate objects located on them was agreed upon by the authorized Government of the Russian Federation Federation by federal executive bodies, authorized state authorities of the constituent entities of the Russian Federation, which exercised the powers of the owners of the respective aerodromes.
1. This Federal Law shall enter into force on the day of its official publication, with the exception of the provisions for which this article establishes a different term for their entry into force.
2. , , and and of this Federal Law shall enter into force upon the expiration of ninety days after the day of the official publication of this Federal Law.
| President of Russian Federation | V. Putin |
Document overview
The Air and Urban Planning Codes of the Russian Federation, the Law on the Sanitary and Epidemiological Welfare of the Population have been adjusted.
It is envisaged that the aerodrome territory is established by the federal authority authorized by the Government of the Russian Federation in order to ensure the safety of aircraft flights, the prospective development of the airport and to exclude the negative impact of the aerodrome equipment and aircraft flights on human health and the environment.
7 subzones can be distinguished on the territory, in which restrictions are established on the use of land plots and the implementation of economic and other activities. The procedure for allocating subzones is approved by the Government of the Russian Federation.
The draft rules for land use and development, prepared in relation to the territory of the municipality, within the boundaries of which the aerodrome territory is located in whole or in part, is sent to the federal authority authorized by the Government of the Russian Federation for approval.
It is also provided that the procedure for establishing sanitary protection zones and the use of land plots located within the boundaries of these zones is approved by the Government of the Russian Federation.
The amendments enter into force on the day of their official publication, with the exception of certain provisions for which a different period is provided.
By legal nature, aerodrome territories and sanitary protection zones (SPZ) are similar. At the same time, according to legal logic, it seems that the SPZ referred to in the title of the law should also apply to airfields. However, the mutual linkage of Article 2 with the rest of the articles of the Law under consideration, which are devoted to aerodrome areas, is not traced. Moreover, the legal nature and meaning of establishing a SPZ for aerodromes becomes incomprehensible, when all issues are better resolved within the framework of the aerodrome territory regime.
But if we assume that this law has a double name, separately about the aerodrome territory, which concerns only aerodromes, separately about the SPZ, regardless of the aerodrome issues, then why is this norm hidden between articles on aerodrome territories? Why does Article 2 of the law in question change the title of Article 12 of the Federal Law of March 30, 1999 N 52-FZ “On the sanitary and epidemiological well-being of the population” so that it concerns not only urban and rural settlements, but is simply called “sanitary and epidemiological requirements for planning and development” (previously the article was called “sanitary and epidemiological requirements for the planning and development of urban and rural settlements”)? More and more surprises are presented to us by the legislator in terms of legal technique.
In addition to the changed name, Article 12 has acquired a new paragraph in paragraph 2: “The procedure for establishing sanitary protection zones and using land plots located within the boundaries of sanitary protection zones is approved by the Government of the Russian Federation.”.
Actually, this is quite a significant point. Is that why they hid it like that?
Although this norm began to operate on September 30, 2017, the Procedure itself is still not approved by the Government of the Russian Federation. Thus, at present, another gap has been formed. It is allowed according to the principle - we live as we lived until they adopt the appropriate act. It is good if this principle is reflected in the norm of the law - either the entry into force of this norm, which is not supported by a by-law, is postponed, or the next law introduces a norm that before the expected event, we live according to the previous legal relations. In this case, we don’t have this yet, and therefore, if you wish, you can live as you lived if Rospotrebnadzor is of the same opinion, or do nothing, and in case of a claim, argue in court that at present the procedure for establishing sanitary protection zones and use of land plots located within the boundaries of sanitary protection zones is absent.
In principle, Rospotrebnadzor itself can stop the process of establishing a SPZ on the same grounds that now it does not have the authority to do so until the expected order is released.
From July 1, 2017, Federal Law No. 372-FZ “On Amendments to the Town Planning Code of the Russian Federation and Certain legislative acts of the Russian Federation”, aimed at improving the system of self-regulation in construction, has fully entered into force.
The main directions of the reform:
1. cancellation of the certificate of admission to work;
2. SRO control over the execution and compliance by its members:
The requirements of the legislation on urban planning activities, on technical regulation,
Requirements established in the standards for work processes approved by the National Associations of SROs;
3. formation of two compensation funds: the Compensation Fund for Ensuring Contractual Obligations (CF ODO) and the Compensation Fund for Harm Compensation (CF BB);
4. introduction of additional liability for non-execution of state and municipal contracts;
5. regional principle of formation of construction SROs;
6. development of self-regulatory organizations of uniform rules and standards of activity for its members;
7. formation of two National registers of specialists: in the field of construction (NRS NOSTROY) and in the field of engineering surveys and architectural and construction design (NRS NOPRIZ);
1. Termination of the certificate of admission to work. Instead of admission, mandatory membership in SROs is introduced for certain categories of organizations, information about which must be included in the Registers of SRO members. To confirm its membership in the SRO, the organization must receive an extract from the Register.
2. Mandatory membership in the SRO, which gives the right to carry out construction, design and survey work, only required for:
Developers who independently carry out construction;
Technical customers, general designers.
3. An organization that has expressed its intention to take part in the conclusion of work contracts on a competitive basis must make a contribution to the Compensation Fund for Ensuring Contractual Obligations of the SRO. The minimum amount of contribution to the KF ODO depends on the total amount of the organization's obligations under the contracts.
4. The presence of an organization - a member of the SRO in the state of at least two specialists who meet the established qualification requirements, and information about which is included in the relevant National Register of Specialists (NRS).
5. Exclusion from the SRO if the organization has not submitted a relevant notification to the SRO on termination or retention of membership by December 1, 2016.
6. Standards for work processes approved by NOSTROY and NOPRIZ become mandatory for all organizations - members of the SRO.
Federal Law No. 141-FZ of 01.07.2017 On Amendments to the Law of the Russian Federation On the Status of the Capital of the Russian Federation and Certain Legislative Acts of the Russian Federation in Part of Establishing the Features of Regulation of Certain Legal Relations for the Purpose of Renovating the Housing Stock in a Subject of the Russian Federation - the Federal City of Moscow
RUSSIAN FEDERATION
THE FEDERAL LAW
ABOUT CHANGES
IN THE LAW OF THE RUSSIAN FEDERATION "ON THE STATUS OF THE CAPITAL OF THE RUSSIAN
FEDERATION" AND CERTAIN LEGISLATIVE ACTS OF THE RUSSIAN
OF THE FEDERATION IN PART OF ESTABLISHING THE FEATURES OF REGULATION
SEPARATE LEGAL RELATIONSHIPS FOR THE RENOVATION OF THE HOUSING FUND
IN THE SUBJECT OF THE RUSSIAN FEDERATION - THE CITY OF THE FEDERAL
VALUES OF MOSCOW
State Duma
Federation Council
Include in the Law of the Russian Federation of April 15, 1993 N 4802-1 "On the status of the capital of the Russian Federation" (Bulletin of the Congress people's deputies Russian Federation and the Supreme Council of the Russian Federation, 1993, N 19, Art. 683; Collection of Legislation of the Russian Federation, 1995, N 30, Art. 2863; 2004, N 35, art. 3607; 2007, N 27, Art. 3213; 2015, N 1, art. 28) the following changes:
1) Article 2 shall be supplemented with the words "as well as the specifics of the regulation of certain legal relations established by this Law for the purpose of renovation of the housing stock in the city of Moscow";
2) part three of Article 3 shall be declared invalid;
3) in Article 4:
a) the name shall be supplemented with the words ", as well as for the renovation of the housing stock in the city of Moscow";
b) the first paragraph after the words "of the Russian Federation" shall be supplemented with the words "and also for the purpose of renovation of the housing stock in the city of Moscow";
c) add the following paragraphs:
"determine the content of the renovation program for the housing stock in the city of Moscow (hereinafter also referred to as the renovation program). At the same time, renovation of the housing stock in the city of Moscow (hereinafter also referred to as renovation) means a set of activities carried out in accordance with the renovation program for the housing stock in the city of Moscow, aimed at to update the living environment and create favorable living conditions for citizens, public space in order to prevent the growth of emergency housing stock in the city of Moscow, to ensure the development of residential areas and their improvement.The renovation program establishes the order of demolition of apartment buildings included in the renovation program. determined taking into account their technical condition;
establish the procedure for the formation of a draft renovation program that determines the list of apartment buildings in respect of which renovation is carried out. Such a list may include apartment buildings of the first period of industrial housing construction, apartment buildings similar to them in terms of the characteristics of structural elements, in which the owners of residential premises and citizens who have the right to use residential premises of the state or municipal housing stock on the terms of social hiring (hereinafter referred to as tenants of residential premises ), in accordance with Article 7.1 of this Law, voted for the inclusion of these apartment buildings in the draft renovation program. At the same time, apartment buildings of the first period of industrial housing construction include apartment buildings with no more than nine floors, built according to standard projects developed in the period from 1957 to 1968, using standard products of walls and (or) floors;
approve the renovation program for the housing stock in the city of Moscow;
determine, within their powers, sources of financing for the renovation program, the implementation of which is carried out, including with the involvement of funds from the budget of the city of Moscow;
based on the approved renovation program, make decisions on the renovation of the housing stock in the city of Moscow (hereinafter referred to as renovation decisions), containing a list of apartment buildings subject to demolition in accordance with this Law, indicating their addresses, information on the stages of implementation of decisions on renovation (if any ), as well as information on measures to implement such decisions on renovation and the approximate timing of their implementation;
establish, in accordance with this Law, the forms and procedure for identifying and taking into account the opinions of citizens in the formation and implementation of the renovation program;
in order to implement the renovation program, establish cases and procedures for the development and approval of an integrated scheme for engineering support (electricity, heat supply, gas supply, water supply and sanitation) of the territory, which is a graphical and textual description of existing and planned for placement of linear engineering infrastructure facilities and other technologically related facilities capital construction facilities, including information on the planned location of points of connection (technological connection) of capital construction facilities to engineering and technical support networks, electric networks, on the maximum free capacity of existing and planned for placement of these networks, on their maximum load, approve the form of such schemes and the composition of the information indicated in it;
establish, in order to implement the decision on renovation, the procedure for determining the points of connection (technological connection) of capital construction facilities to engineering networks, electrical networks, including their location on the border of the land plot and (or) territory, in respect of which documentation is being prepared for territory planning in order to implement the renovation decision;
establish the procedure and conditions for improving the living conditions of the owner of the dwelling in apartment building included in the renovation program, to members of his family, the tenant of residential premises, members of his family registered as in need of residential premises (including citizens registered before March 1, 2005 for the purpose of subsequently providing them with residential premises under contracts social hiring), provided that such procedure and conditions do not reduce the guarantees provided for by housing legislation and other federal laws for improving the living conditions of the persons indicated in this paragraph;
4) in Article 7:
a) in the title the words "prospective development planning" shall be replaced by the words "territorial planning";
b) in the first part, the words "development" and the words "developed by the administration of the city of Moscow," shall be deleted, the words "Council of People's Deputies of the City of Moscow" shall be replaced by the words "legislative (representative) body of state power of the city of Moscow";
c) in part two, the words "prospective development planning" shall be replaced by the words "territorial planning";
5) add articles 7.1 - 7.8 with the following content:
"Article 7.1. Identification and consideration of the opinion of the owners of premises and tenants of residential premises in the formation and implementation of the renovation program. Informing on the implementation of renovation
The forms and procedure for identifying and taking into account the opinions of the owners of premises and tenants of residential premises in the formation and implementation of the renovation program, including by holding a general meeting of owners of premises in an apartment building, are established by regulatory legal acts the city of Moscow subject to the provisions of this article.
Only an apartment building of the first period of industrial housing construction, an apartment building similar to it in terms of the characteristics of structural elements, in which the owners of residential premises and tenants of residential premises at least two-thirds of the residential premises voted for the inclusion of the corresponding apartment building in the draft renovation program, may be included in the draft renovation program. The procedure for voting during the formation of a renovation program, including the procedure for recording the votes of owners and (or) tenants of one residential building, as well as counting votes in such an apartment building, is established by a regulatory legal act of the city of Moscow. At the same time, the results of voting on residential premises (with the exception of voting at general meetings of owners of residential premises), if none of the owners and (or) tenants in the residential premises took part in the voting, are taken into account in proportion to the results of voting on residential premises, the owners and (or) whose employers took part in the voting.
At any stage of the formation of the renovation program and (or) its implementation (until the day of the conclusion of the first contract of social tenancy in respect of equivalent residential premises, the requirements for which are established by part two of Article 7.3 of this Law (hereinafter referred to as equivalent residential premises), or until the day of conclusion of the first contract providing for, in accordance with Article 7.3 of this Law, the transfer of ownership of a residential building in an apartment building included in the renovation program, including as a result of its redemption at a price determined in accordance with Part 7 of Article 32 of the Housing Code of the Russian Federation (hereinafter referred to as payment of an equivalent compensation in cash), but not less than ninety days from the date of the decision on renovation) in the manner prescribed by the Housing Code of the Russian Federation, a general meeting of owners of premises in an apartment building may be held to decide on the exclusion of this apartment building from renovation program project, renovation program. For acceptance said decision more than one third of the votes of the total number of votes of all owners of premises in this apartment building is required. If this decision is made, the apartment building is subject to exclusion from the project of the renovation program, the renovation program. The first contract for the social tenancy of a dwelling in relation to an equivalent dwelling, the first contract providing, in accordance with Article 7.3 of this Law, for the transfer of ownership of a dwelling in an apartment building included in the renovation program, including by paying an equivalent compensation in cash, may be concluded no earlier than the expiration of ninety days from the date of the decision to renovate the apartment building in which such residential premises are located.
When voting in accordance with part two of this article, as well as when holding a general meeting of owners of premises in an apartment building in accordance with part three of this article, the tenants of such residential premises in the specified multi-apartment building shall be empowered to represent the interests of the city of Moscow as the owner of residential premises in an apartment building. home. The authority of the tenant of the dwelling to participate in the general meeting of the owners of the premises in an apartment building is confirmed by the submission of a contract for the social tenancy of the dwelling or another document confirming his residence in this dwelling on the terms of the social tenancy of the dwelling.
Informing on the implementation of renovation is carried out by publishing relevant information in print media mass media intended for promulgation (official publication) of normative legal acts of the city of Moscow, by posting it on the official website of the highest executive body of state power of the city of Moscow, on another site determined by the specified state body in the information and telecommunications network "Internet", as well as in other ways that provided for by the legislation of the Russian Federation and regulatory legal acts of the city of Moscow.
The decision on renovation within three days from the date of its adoption is published by the authorized executive body of the city of Moscow in the print media intended for the promulgation (official publication) of regulatory legal acts of the city of Moscow, and is posted on the official website of the highest executive body of state power of the city of Moscow, on another site determined by the specified public authority in the information and telecommunications network "Internet".
Article 7.2. Features of the regulation of certain urban planning and land relations for the purpose of renovation of the housing stock in the city of Moscow
The territory intended for the construction of apartment buildings in order to implement renovation decisions is provided with utility, transport, social infrastructure facilities in accordance with territorial planning documents, urban planning standards and other requirements determined by the legislation on urban planning.
To implement decisions on renovation, planning documentation for the territory can be approved both in relation to the territory, within the boundaries of which, in accordance with the rules of land use and development of the city of Moscow (hereinafter referred to as the rules of land use and development), activities for its integrated and sustainable development are envisaged, and in in relation to the territory, within the boundaries of which, in accordance with the rules of land use and development, the implementation of activities for its integrated and sustainable development is not provided.
To implement the decisions on renovation, the preparation of documentation for the planning of the territory is carried out without taking into account the previously approved documentation for the planning of the territory. From the date of approval of the new territory planning documentation, the previously approved territory planning documentation is recognized as invalid.
The composition and content of the territory planning documentation is determined by the Town Planning Code of the Russian Federation, taking into account the specifics provided for by this article. To implement the decision on renovation, the main part of the territory planning project, the main part of the territory surveying project and materials for their justification can be supplemented with information, documents, materials provided for by the regulatory legal act of the city of Moscow. In the case of preparation of territory planning documentation in order to implement a decision on renovation in relation to a territory within the boundaries of which it is not envisaged to carry out activities for its integrated and sustainable development, the territory planning project may not contain information, documents, materials, the need to include which is provided for in the case of preparation draft planning of the territory subject to integrated and sustainable development in accordance with the Town Planning Code of the Russian Federation.
If the territory planning documentation prepared for the implementation of the renovation decision provides for the placement of capital construction facilities, the types of permitted use of which and (or) the parameters of which do not correspond to the types of permitted use of capital construction facilities and (or) the limiting parameters of permitted construction, reconstruction of capital construction facilities construction, established by the rules of land use and development, and (or) if the types of permitted use of land plots on which it is planned to place these objects do not correspond to the types of permitted use of land plots established by the rules of land use and development, simultaneously with the preparation of documentation for planning the territory, preparation of changes is carried out included in the rules of land use and development. In this case, in accordance with Article 33 of the Town Planning Code of the Russian Federation, a decision on the preparation of a project to amend the rules for land use and development is not required. At the same time, changes made to the rules for land use and development and documentation for the planning of the territory are approved simultaneously.
If, in order to implement renovation decisions, a land plot is formed from land plots owned by the city of Moscow or state ownership of which is not delimited, and (or) from land plots occupied by apartment buildings included in renovation decisions, and its boundaries do not intersect with the boundaries of land plots registered with the state cadastre and owned by federal or private property until the formation of such a land plot in accordance with land legislation on the basis of approved rules for land use and development, a territory planning project and a layout plan for a land plot or land plots on the cadastral plan of the territory, it is allowed to issue an urban planning plan for a land plot to be formed in order to implement a territory planning project, perform engineering surveys, prepare design documentation for construction, reconstruction of a capital construction facility, conduct state examination of project documentation and (or) results of engineering surveys, issue permits for the construction of a capital construction object, construction, reconstruction of a capital construction object. In this case, the provision of title documents for a land plot for issuing a permit for the construction of a capital construction facility is not required. An application for issuing a building permit shall be accompanied by an approved scheme for the location of a land plot or land plots on the cadastral plan of the territory.
The estimated cost of construction of capital construction facilities, the construction of which is carried out in order to implement decisions on renovation, is determined in accordance with the regulatory legal act of the city of Moscow.
From the date of submission of the project documentation of the capital construction object, the construction, reconstruction of which is carried out in order to implement the decision on renovation, for the state examination of the project documentation and until the issuance of a permit for the construction of the said object, it is allowed to carry out the preparatory work provided for by the regulatory legal act of the city of Moscow.
The use of lands or land plots owned by the city of Moscow or state ownership of which is not delimited, without the provision of land plots and the establishment of an easement, is carried out in accordance with the Land Code of the Russian Federation, taking into account the specifics provided for by this part. In order to implement decisions on renovation, along with the cases provided for by the Land Code of the Russian Federation, a permit for the use of these lands or land plots without the provision of land plots and the establishment of an easement may be issued for the placement of linear engineering infrastructure facilities and other capital construction facilities technologically related to them. The list of the specified objects which placement is carried out on the basis of the permission for use of the specified lands or the ground areas provided by this part, and the order of issue of such permission are determined by the normative legal act of the city of Moscow. The permit for the use of lands or land plots provided for by this part allows the person to whom such a permit has been issued to carry out construction, reconstruction, overhaul and operation of these facilities in accordance with the legislation on urban planning activities. In this case, in order to obtain a construction permit, a permit to put these objects into operation, for state cadastral registration, state registration of ownership of these objects, a permit for the use of land or land plots provided for in this part shall be provided. At the same time, the provision of title documents for the land plot is not required.
In order to implement decisions on renovation, from the date of state registration of the property right of the city of Moscow to a land plot located under an apartment building included in the decision on renovation, its division, consolidation, redistribution and allocation of a new land plot from it are allowed before the demolition of an apartment building, in in respect of which the authorized executive body of the city of Moscow made a decision to decommission.
Article 7.3. Guarantees of housing rights of owners of residential premises and tenants of residential premises in multi-apartment buildings included in the renovation program
Owners of residential premises in multi-apartment buildings included in the renovation program (hereinafter referred to as owners of residential premises) and tenants of residential premises in multi-apartment buildings included in the renovation program, in order to ensure their housing rights, instead of these residential premises, are provided with equivalent residential premises.
In this Law, equivalent residential premises are understood as residential premises that simultaneously meet the following requirements:
the living area and the number of rooms in such a dwelling is not less than the living area and the number of rooms in the vacated dwelling, and the total area of such a dwelling exceeds total area vacated dwelling;
such residential premises comply with the standards of improvement established by the legislation of the city of Moscow, and also have an improved finish in accordance with the requirements established by the regulatory legal act of the city of Moscow;
such residential premises are located in an apartment building located in the same district of the city of Moscow in which the apartment building included in the renovation program is located (in this case, the boundaries of the specified area are determined as of January 1, 2017), unless the apartment building is located in the Zelenogradsky, Troitsky or Novomoskovsky administrative district of the city of Moscow. In this case, equivalent residential premises are provided within the boundaries of the administrative district of the city of Moscow, in which the apartment building included in the renovation program is located.
The owner of a dwelling, on the basis of a written application, instead of an equivalent dwelling provided for ownership, has the right to receive an equivalent compensation in cash or by providing an equivalent dwelling for the vacated dwelling. The owner of a dwelling in respect of which restrictions on rights or encumbrances have been registered in accordance with the established procedure is not entitled to demand payment of equivalent compensation in cash. The cost of the provided equivalent residential premises cannot be lower than the cost of the vacated residential premises, determined in accordance with the rules established by Part 7 of Article 32 of the Housing Code of the Russian Federation. The application specified in this part may be sent to the authorized executive body of the city of Moscow within thirty days from the date of receipt by the owner of the residential premises of the draft agreement concluded in accordance with part four of this article, which provides for the transfer of ownership of the residential premises subject to the provision of equivalent residential premises .
Provision of equivalent residential premises, equivalent compensation in cash or by providing equivalent residential premises is carried out on the basis of an agreement concluded between the owner of residential premises in an apartment building included in the renovation program and the authorized executive body of the city of Moscow (hereinafter referred to as the agreement providing for the transfer of rights property ownership).
An agreement providing for the transfer of ownership of a dwelling, subject to the provision of an equivalent dwelling, is subject to conclusion by the owner of a dwelling in an apartment building included in the renovation program, without fail in accordance with civil law, except for the case provided for by part six of this article. The rules of civil legislation on exchange shall apply to such an agreement, taking into account the specifics provided for by this Law.
If the owner of the residential premises has sent the application provided for by part three of this article within the time period specified in this part, the authorized executive body of the city of Moscow shall conclude an agreement with this owner of the residential premises, providing for the transfer of ownership of the residential premises with the condition of providing him with equivalent compensation in monetary terms. form or by providing equivalent housing on the right of ownership. In this case, an agreement providing for the transfer of ownership of the residential premises subject to the provision of equivalent compensation in cash or by providing equivalent residential premises is subject to conclusion by this owner of the residential premises without fail in accordance with civil law.
To an agreement providing for the transfer of ownership of a dwelling with the condition of providing equivalent compensation in cash, the rules of civil legislation on sale and purchase are applied, taking into account the specifics provided for by this Law.
To an agreement providing for the transfer of ownership of a dwelling with the condition of providing an equivalent dwelling, the rules of civil legislation on exchange are applied, taking into account the specifics provided for by this Law.
An agreement providing for the transfer of ownership of a dwelling must contain:
information about the parties to the agreement;
information about a residential building in an apartment building included in the renovation program;
information on equivalent residential premises (indicating the cadastral number of such residential premises) or, in the cases established by part three of this article, information on equivalent residential premises (indicating the cadastral number of such residential premises) transferred to the owner of the residential premises, or the amount and procedure for payment of an equivalent compensation in cash;
details of the renovation decision;
the obligation of the authorized executive body of the city of Moscow, within the terms established by the agreement, to transfer to the owner of the residential premises an equivalent residential premises or, in the cases established by this Law, to transfer an equivalent residential premises or pay an equivalent compensation in cash, as well as the obligation of the said owner of the residential premises to accept, respectively, an equivalent residential premises , equivalent living quarters, equivalent compensation in cash;
the obligation of the owner of the residential premises, within the terms established by the agreement, to transfer to the authorized executive body of the city of Moscow the residential premises belonging to him, as well as the obligation of the authorized executive body of the city of Moscow to accept such residential premises;
the term for the fulfillment of the obligations specified in paragraphs six and seven of this part;
a list of persons having the right to use residential premises in an apartment building included in the renovation program and acquiring the relevant rights in relation to equivalent residential premises or, in cases established by this Law, in relation to equivalent residential premises.
Instead of a room vacated by a citizen in a communal apartment in an apartment building included in the renovation program, a separate apartment is provided as an equivalent living space or equivalent living space in accordance with this Law. At the same time, the provision of a room in a communal apartment or a part of a dwelling constituting a share in the common ownership of a separate apartment is not allowed. If the vacated room in a communal apartment in an apartment building included in the renovation program is in the common shared or common joint ownership of citizens, such citizens are provided with separate apartments on the basis of the right of common shared or common joint ownership in the manner prescribed by part twenty-one of this article .
The tenant of residential premises and members of his family living together with him, instead of the residential premises vacated by them, are provided with an equivalent residential premises under a social tenancy agreement, and if they have a written application, an equivalent residential premises is provided to them on the basis of a contract for the transfer of residential premises into ownership.
Citizens in need of residential premises provided under social rental agreements (including citizens registered before March 1, 2005 for the purpose of subsequently providing them with residential premises under social rental agreements), and who own or use under social rental agreements residential premises in an apartment building included in the renovation program, living conditions are improved by providing residential premises at the rate of provision per person established by a regulatory legal act of the city of Moscow, in an extraordinary manner and under the conditions established by a regulatory legal act of the city of Moscow. If these citizens refuse to improve their living conditions, as well as if they fail to comply with the conditions established by the regulatory legal act of the city of Moscow, they are provided in accordance with this Law with an equivalent living space or an equivalent compensation in cash or by providing an equivalent living space. These citizens retain the right to be registered as those in need of residential premises provided under social rental agreements until they receive residential premises in order to improve their living conditions or until the grounds provided for by housing legislation are identified for removing them from this register.
In the event that an agreement providing for the transfer of ownership of a dwelling and subject to mandatory conclusion in accordance with this article has not been concluded within ninety days from the date of receipt by the owner of the dwelling of a draft agreement providing for the transfer of ownership of a dwelling, registered by a letter with a return receipt, the authorized executive body of the city of Moscow has the right to apply to the court with a demand at the same time to compel the said owner of the residential premises to conclude an agreement providing for the transfer of ownership of the residential premises, to vacate the residential premises in an apartment building included in the renovation program, and on transferring it to the ownership of the city of Moscow, as well as on state registration of the transfer of ownership of the corresponding residential premises. The statement of claim must indicate the address, total and living area, number of rooms, cadastral number of the provided equivalent residential premises, and if the owner sends a written application provided for in part three of this article, the address, total and living area, number of rooms, cadastral number provided equivalent housing or the amount of equivalent compensation in cash.
Owners of residential premises are exempt from paying contributions for the overhaul of common property in an apartment building included in the renovation program from the date of its approval. At the same time, contributions made earlier by the indicated owners of residential premises for the overhaul of common property in an apartment building are used for the purpose of implementing this program.
In the event that the owners of residential premises as a method of forming a fund for the overhaul of common property in an apartment building have chosen to form it on a special account, after the transfer of ownership of all premises in the apartment building included in the renovation program, the owner of the special account transfers the rights to a special account for the city of Moscow in the manner prescribed by the regulatory legal act of the city of Moscow.
The presence of duly registered restrictions or encumbrances on the rights to residential premises in an apartment building included in the renovation program shall not be an obstacle to state registration of the transfer of rights to the said residential premises to the city of Moscow, as well as to the adoption by the court of the decisions provided for by this article. In this case, simultaneously with the state registration of the transfer of ownership of the provided residential premises, the state registration of restrictions or encumbrances of rights in relation to the specified provided residential premises is carried out.
In the event that in relation to real estate in an apartment building included in the renovation program, a judicial act or an act of an authorized body on imposing a lien on real estate, or on a ban on certain actions with real estate, or on choosing a pledge as a preventive measure in in accordance with the criminal procedural legislation of the Russian Federation, the conclusion of an agreement providing for the transfer of ownership of a dwelling is the basis for the transfer of these restrictions or encumbrances of the rights to the provided dwelling.
The right of ownership of the owner of the dwelling or, in the case provided for by paragraph eleven of this article, of the tenant of the dwelling to the dwelling in the apartment building put into operation, provided on the basis of an agreement providing for the transfer of ownership of the dwelling, or on the basis of an agreement on the transfer of the dwelling to ownership , may be registered without prior registration of the ownership of the city of Moscow to such a dwelling, subject to the following conditions:
the construction of an apartment building was carried out on a land plot owned by the city of Moscow, or on a land plot, state ownership of which is not delimited (including on a land plot provided in accordance with land legislation to the Moscow Housing Renovation Fund for rent or for free use );
such construction, in order to fulfill the measures provided for by the renovation program, was carried out at the expense of the city of Moscow by an organization subordinate to the authorized executive body of the city of Moscow, or the Moscow Fund for the Renovation of Residential Development.
In the event of the death of the owner of the residential premises, an agreement providing for the transfer of ownership of the residential premises is concluded in a notarial form in the interests of the heirs of the specified person by the trustee of the inherited property appointed by a notary or other persons specified in Article 1026 of the Civil Code of the Russian Federation. The trustee shall exercise the rights of the owner of residential premises established by this Law, including the rights associated with voting, concluding an agreement providing for the transfer of ownership of the residential premises, and sending an application for the provision of equivalent compensation in cash or by providing an equivalent residential premises. If a trustee is appointed before the inheritance is accepted by the heirs, and if the inheritance is not accepted, before the issuance of a certificate of inheritance to the city of Moscow, the city of Moscow and at the same time, information is entered into it about the impossibility of transferring residential premises as collateral, rent, the impossibility of encumbrating it with other rights, as well as the impossibility of its alienation. The body that carries out the state registration of rights to real estate excludes the specified information from the Unified State Register of Real Estate during the state registration of the rights of the heirs of the deceased owner of the residential premises at the request of the notary who issued the certificate of the right to inheritance to the residential premises owned by the deceased owner of the residential premises, which is filed against the basis of such evidence.
Persons who have the right to use residential premises in an apartment building included in the renovation program lose such a right after the conclusion of an agreement providing for the transfer of ownership of the residential premises, and acquire, on the same conditions, the right to use the residential premises provided in accordance with the specified agreement.
If the residential premises are in common ownership, an agreement providing for the transfer of ownership of such residential premises is concluded with all owners of the residential premises and provides for the emergence of the right of common ownership of the provided residential premises in shares corresponding to the shares in the ownership of the residential premises in apartment building included in the renovation program (in the event that such a dwelling was in common shared ownership), or the emergence of the right of common joint ownership of the provided dwelling (in the event that such a dwelling in an apartment building included in the renovation program was jointly owned).
In the event that minors, incompetent or partially capable citizens live in a residential building in an apartment building included in the renovation program, the provision of equivalent compensation in cash to the owners of such residential premises is not allowed.
The provision of equivalent residential premises or equivalent residential premises to the owners of residential premises and tenants of residential premises is carried out without additional payment.
Owners of residential premises and tenants of residential premises in multi-apartment buildings included in the renovation program, who are provided with equivalent residential premises, have the right, upon written application, to purchase, for an additional payment, residential premises of a larger area and (or) residential premises with large quantity rooms than equivalent living quarters provided to them, in the manner prescribed by the regulatory legal act of the city of Moscow, including at the expense of maternity (family) capital, housing subsidies and social benefits, the right to receive which is also confirmed by state housing certificates, and other sources prohibited by the legislation of the Russian Federation.
Article 7.4. Ensuring the rights of owners of non-residential premises in multi-apartment buildings included in the renovation decision
Non-residential premises in apartment buildings included in the renovation decision, not related to common property in such apartment buildings, are subject to withdrawal for the state needs of the city of Moscow, subject to their preliminary and equivalent compensation in accordance with the legislation of the Russian Federation.
Article 7.5. Ensuring the rights of small and medium-sized businesses in the event of termination of the right to lease non-residential premises owned by the city of Moscow in apartment buildings included in the renovation decision
In the event of termination in connection with the implementation of the renovation program of the lease agreement for non-residential premises in an apartment building included in the decision on renovation, owned by the city of Moscow and leased by a small or medium-sized business (hereinafter, for the purposes of this article - a previously concluded lease agreement for non-residential premises) , the specified subject has the right to conclude a new lease agreement for non-residential premises owned by the city of Moscow and which is equivalent in accordance with clause 12 of part 1 of article 17.1 of the Federal Law of July 26, 2006 N 135-FZ "On Protection of Competition". A new lease agreement for non-residential premises is concluded on the same terms as the previously concluded lease agreement for non-residential premises, and for the period remaining until its expiration, without bidding and with preservation of the benefits provided for by the legislation of the Russian Federation, laws and other regulatory legal acts of the city of Moscow . If the term of the previously concluded lease agreement for non-residential premises has expired, but the said agreement is considered renewed on the basis of paragraph 2 of Article 621 of the Civil Code of the Russian Federation, a new lease agreement for non-residential premises is concluded for ten years.
In the event that a small or medium-sized business entity renting non-residential premises owned by the city of Moscow in an apartment building included in the renovation decision had, at the time this apartment building was included in the renovation program, a pre-emptive right to purchase this leased non-residential premises in accordance with Article 3 of the Federal Law of July 22, 2008 N 159-FZ "On the peculiarities of the alienation of real estate that is state-owned by the constituent entities of the Russian Federation or in municipal ownership and leased by small and medium-sized businesses, and on amendments to certain legislative acts of the Russian Federation", the said pre-emptive right is retained in respect of an equivalent non-residential premises provided to him under a new lease agreement for non-residential premises, provided for in part one of this article, for the duration of the renovation program.
Article 7.6. Procedure for decommissioning an apartment building included in a renovation decision
The decommissioning of an apartment building included in the decision on renovation is carried out on the basis of the decision of the authorized executive body of the city of Moscow (hereinafter referred to as the decision on decommissioning).
The decision on decommissioning must contain the date of decommissioning of the apartment building included in the decision on renovation, and other information specified by the regulatory legal act of the city of Moscow. In this case, the decision on decommissioning is made no earlier than the day of eviction of all owners of residential premises and tenants of residential premises in an apartment building included in the decision on renovation, in accordance with part three of this article.
When implementing a decision on renovation, the owners of residential premises and tenants of residential premises cannot be evicted from residential premises in an apartment building included in the decision on renovation until the date of transfer to them of a new residential premises that meets the requirements of this Law, or is provided to them in accordance with this Law equivalent compensation in cash.
A mandatory annex to the decision on decommissioning is a diagram of the boundaries of the territory necessary for carrying out activities for the demolition of a decommissioned apartment building, prepared, among other things, in order to ensure compliance with safety requirements when performing these activities. The procedure for preparing such a scheme and its form are approved by a regulatory legal act of the city of Moscow.
From the date of decommissioning of an apartment building included in the decision on renovation, it is disconnected from the networks of engineering and technical support, electrical networks. The operation of residential and non-residential premises in such an apartment building is not allowed.
The existence of an apartment building included in the renovation decision is terminated if it is demolished. A decision to demolish such an apartment building is not required.
Article 7.7. Moscow Fund for the Renovation of Residential Development, goals of its activities, tasks and functions
The Moscow Fund for the Renovation of Residential Development (hereinafter referred to as the Fund) is a unitary non-profit organization established in accordance with the regulatory legal act of the city of Moscow in the organizational and legal form of a fund. The fund has a seal with the coat of arms of the city of Moscow and the full name.
The status, objectives of the activities, functions of the fund, the procedure for the formation of the fund's management bodies are determined by the Civil Code of the Russian Federation, Federal Law No. 7-FZ of January 12, 1996 "On Non-Commercial Organizations" (hereinafter referred to as the Federal Law "On Non-Commercial Organizations"), other regulatory legal acts of the Russian Federation regulating the activities of non-profit organizations, taking into account the specifics established by this Law.
To perform operations with funds received by the fund from the budget of the city of Moscow, with other funds, the fund opens an account with the financial authority of the city of Moscow. For other purposes, the fund has the right to open bank accounts with credit institutions located on the territory of the Russian Federation, in accordance with the procedure established by the legislation of the Russian Federation.
The provisions of paragraphs 3, 5, 7, 10 and 14 of Article 32 of the Federal Law "On Non-Commercial Organizations", as well as the provisions of paragraph 1 of Article 7 of the Federal Law "On Non-Commercial Organizations" and paragraph 1 of Article 123.18 of the Civil Code of the Russian Federation in part holding the founders of the fund liable for the obligations of the fund in case of non-fulfillment or improper fulfillment by it of its obligations under contracts for participation in the shared construction of apartment buildings in accordance with this Law.
The goals of the fund are to promote the renewal of the living environment and the creation of favorable living conditions for citizens, public space to prevent the growth of emergency housing stock in the city of Moscow, to ensure the development of residential areas and their improvement.
In order to achieve the goals provided for by part five of this article, the fund performs the following functions:
ensures, within the framework of its authority, the implementation of measures provided for by the renovation program, decisions on renovation;
assists in the demolition of apartment buildings included in renovation decisions;
assists in the implementation of engineering surveys, preparation of project documentation, construction, reconstruction, overhaul of capital construction objects, restoration of cultural heritage objects in order to implement decisions on renovation, as well as during construction control in the process of construction, reconstruction of these objects;
assists in the preparation of documentation for the planning of the territory;
renders assistance in providing the territory, in respect of which the territory planning documentation has been approved in order to implement decisions on renovation, with objects of social, transport, engineering infrastructure;
assists in ensuring the housing rights of owners of residential premises in the implementation of decisions on renovation in accordance with this Law;
participates in the implementation of investment activities for the purposes provided for by part five of this article, including attracting Money citizens and legal entities for the construction (creation) of an apartment building on a land plot owned by the fund, as well as on a land plot transferred to the fund under a lease agreement for a land plot or under an agreement free use land plot;
carries out purchases in accordance with the Federal Law of July 18, 2011 N 223-FZ "On the Procurement of Goods, Works, Services certain types legal entities";
transfers to the city of Moscow, the authorized body of the executive power of the city of Moscow, residential premises owned by the fund on the basis of ownership, including transferring such residential premises free of charge in the form of a donation;
provides methodological, organizational, expert-analytical, informational and legal support for the implementation of renovation decisions;
organizes the implementation of research, development and technological work in connection with the implementation of the renovation program;
concludes contracts for participation in shared construction, in which the fund acts as a developer, contracts for the sale and purchase of premises in apartment buildings and other real estate objects in order to implement the renovation program and (or) decisions on renovation, other contracts for the disposal of these premises, as well as concludes other transactions on the disposal of the property belonging to the fund;
promotes the creation of the production of building materials, products, structures for housing construction for the purposes provided for in part five of this article;
performs other functions provided for by the regulatory legal acts of the city of Moscow, the charter of the fund in accordance with the objectives of the activity provided for by this Law.
The financial support of the fund's activities is carried out at the expense of its own funds, funds from the budget of the city of Moscow, as well as from other sources in accordance with the legislation of the Russian Federation.
The Fund is obliged to annually post an annual report on its activities on the official website of the Fund in the information and telecommunications network "Internet".
To carry out its activities, the foundation has the right to use information classified as state secrets, subject to the requirements of the legislation of the Russian Federation on state secrets.
By a regulatory legal act of the city of Moscow, the fund may be entitled to act as a developer and attract funds from citizens and legal entities for the construction (creation) of an apartment building on the basis of agreements for participation in shared construction in the manner established by Federal Law of December 30, 2004 N 214- Federal Law "On Participation in Shared Construction of Apartment Buildings and Other Real Estate and on Amendments to Certain Legislative Acts of the Russian Federation" (hereinafter referred to as the Federal Law "On Participation in Shared Construction of Apartment Buildings and Other Real Estate and Federation"), taking into account the following features:
the provisions of clause 1 of part 2 and part 2.1 of article 3, part 2 of article 12.1, articles 15 - 15.4, 23.2 of the Federal Law "On participation in shared construction of apartment buildings and other real estate objects and on amendments to certain legislative acts of the Russian Federation" in relation to the activities funds do not apply;
the fund has the right to attract funds from citizens and legal entities for the construction (creation) of an apartment building on a land plot owned by the fund, as well as on a land plot transferred to the fund under a land plot lease agreement or under a land plot gratuitous use agreement.
In case of non-fulfillment or improper fulfillment by the fund of its obligations under agreements for participation in the shared construction of apartment buildings, the city of Moscow bears subsidiary liability for the obligations of the fund.
In order to perform the functions provided for by this article, in the case specified in part six of article 7.2 of this Law, the preparation, registration and issuance of an urban planning plan for a land plot before its formation, the issuance of a construction permit without title documents for a land plot are carried out at the request of the fund, sent to the authorized executive body of the city of Moscow.
Article 7.8. fund management
The governing bodies of the fund are the council of the fund and the general director of the fund. The Fund Council is the highest collegiate body of the Fund. The General Director is the sole executive body of the fund.
The Board of Trustees of the Foundation is a body of the Foundation and supervises the activities of the Foundation, the adoption of decisions by other bodies of the Foundation and ensuring their implementation, the use of the Foundation's resources, and the Foundation's compliance with the legislation of the Russian Federation. The Foundation's Board of Trustees operates on a voluntary basis.
The board of trustees of the foundation may include persons holding public positions and persons holding positions in the civil service.
The total number of members of the Foundation's Board of Trustees cannot exceed 11 people.
The personal composition of the Board of Trustees of the fund is determined by the regulatory legal act of the highest executive body of state power of the city of Moscow.
Along with the functions provided for by the legislation of the Russian Federation and the charter of the foundation, the board of trustees of the foundation considers for approval the following approved by the board of the foundation:
the fund's development strategy, which contains, among other things, the goals, priority areas of the fund's activities, key performance indicators and expected results of the fund's activities;
the fund's activity plan, containing lists of activities for the current period and for the planned period of the fund's activity determined by the fund;
the annual report on the activities of the fund and the annual accounting (financial) statements of the fund.
The personal composition of the fund council is determined by the normative legal act of the highest executive body of state power of the city of Moscow. The board of the foundation may include persons holding public positions and persons holding positions in the civil service.
In the event that the board of the fund includes persons holding public positions and persons holding positions of the state civil service, such persons carry out their activities on a voluntary basis.
Fund advice:
determines the priority directions of the fund's activity;
approves the development strategy of the fund, including the goals, priority areas of the fund, key performance indicators and expected results of the fund, and after approval sends it for approval to the board of trustees of the fund;
approves the fund's activity plan containing lists of activities for the current period and for the planned period of the fund's activity determined by the fund, and after approval sends it for approval to the fund's board of trustees;
annually approves the audit organization selected based on the results of the competition for the annual mandatory audit of accounting and financial (accounting) statements of the fund and the amount of remuneration of the specified organization;
approves the annual report on the activities of the fund, the annual accounting (financial) statements of the fund and, after approval, submits them for approval to the board of trustees of the fund;
makes decisions on the formation of other bodies of the fund and on the early termination of their powers;
makes decisions on the establishment of economic companies and (or) on the participation of the fund in them for the purposes provided for by paragraph five of Article 7.7 of this Law;
makes decisions on changing the charter of the fund;
approves transactions made by the fund in cases stipulated by the legislation of the Russian Federation;
exercise other powers provided for by this Law and the charter of the fund and necessary to perform the functions provided for by paragraph six of Article 7.7 of this Law.
The General Director of the Fund manages the day-to-day activities of the Fund.
The General Director of the Fund is appointed to and dismissed from office by the highest executive body of state power of the city of Moscow.
The General Director of the Fund has the following powers:
acts on behalf of the foundation and represents its interests without a power of attorney in relations with federal state authorities, state authorities of the constituent entities of the Russian Federation, local governments, individuals and legal entities in accordance with the goals of the foundation;
organizes the execution of decisions of the Board of Trustees of the Foundation and the Council of the Foundation;
issues orders and directives on the activities of the foundation;
appoints and dismisses employees of the fund;
distributes duties among his deputies;
organizes the preparation of materials for the implementation of their powers by the board of trustees of the fund and the council of the fund, and also resolves other issues related to ensuring the activities of these bodies of the fund;
makes decisions on issues within the competence of the foundation, with the exception of issues related to the competence of the board of trustees of the foundation and the council of the foundation.
The internal financial control body of the fund is the audit commission of the fund, which carries out its activities in accordance with the regulations approved by the council of the fund.".
Article 16 of the Federal Law of December 21, 1994 N 69-FZ "On Fire Safety" (Collected Legislation of the Russian Federation, 1994, N 35, Art. 3649; 2003, N 2, Art. 167; 2004, N 35, Art. 3607 ; 2006, N 44, item 4537; 2009, N 29, item 3635; N 45, item 5265; 2011, N 1, item 54; N 30, item 4590; 2013, N 27, item 3477 ; 2015, N 29, item 4360; 2016, N 1, item 68; N 15, item 2066) add the second part of the following content:
"In order to carry out urban planning activities in conditions of cramped urban development, federal state authorities in the field of fire safety have the right to establish features for the application of individual fire safety requirements or approve separate sets of rules containing fire safety requirements and fire safety rules (with the exception of the minimum necessary requirements to ensure safety of buildings and structures, including their constituent systems and engineering networks).
Include in the Federal Law of July 16, 1998 N 102-FZ "On Mortgage (Pledge of Real Estate)" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 1998, N 29, Art. 3400; 2002, N 7, Art. 629; 2004, N 27, 2711; N 45, item 4377; 2005, N 1, item 40, 42; 2007, N 50, item 6237; 2008, N 52, item 6219; 2009, N 1, item 14; 2011 , N 27, item 3880; N 50, item 7347; 2015, N 1, item 52; 2016, N 27, item 4248, 4294) the following changes:
1) Paragraph 2 of Article 20 shall be supplemented with the following paragraph:
"State registration of a mortgage in respect of a dwelling in an apartment building, provided in accordance with the Law of the Russian Federation of April 15, 1993 N 4802-1 "On the Status of the Capital of the Russian Federation" to the owner of a dwelling burdened with a mortgage in an apartment building, is carried out simultaneously with the state registration of the right ownership of the provided residential premises in an apartment building without a statement on the basis of an agreement providing for the transfer of ownership and concluded in accordance with the Law of the Russian Federation of April 15, 1993 N 4802-1 "On the status of the capital of the Russian Federation", or on the basis of a legal effect court decision to compel the conclusion of the specified contract. The sequence of mortgagees in relation to the transferred residential premises in an apartment building is established on the basis of information from the Unified State Register of Real Estate on the state registration of mortgages in relation to residential premises in an apartment building included in the housing renovation program in a constituent entity of the Russian Federation - the federal city of Moscow.
2) supplement Article 41.1 with the following content:
"Article 41.1. Consequences of the transfer of ownership of residential premises in an apartment building included in the housing renovation program in a constituent entity of the Russian Federation - the federal city of Moscow
1. Conclusion in accordance with the Law of the Russian Federation of April 15, 1993 N 4802-1 "On the status of the capital of the Russian Federation" of an agreement providing for the transfer of ownership of a dwelling in an apartment building included in the housing renovation program in a constituent entity of the Russian Federation - a city of federal significance in Moscow (hereinafter in this article - residential premises in an apartment building included in the housing renovation program), subject to the provision of equivalent residential premises or equivalent residential premises, the adoption of a judicial act, on the basis of which the state registration of the transfer of ownership of an equivalent residential premises or equivalent residential premises are the grounds for replacing the subject of pledge under an agreement on the mortgage of residential premises in an apartment building included in the housing renovation program, without the consent of the pledgee and pledger under this agreement. At the same time, the terms of the agreement on the mortgage of residential premises in an apartment building included in the housing renovation program, as well as the terms of other agreements concluded with respect to the former subject of pledge, shall apply without changing the rights and obligations of the respective parties in relation to the new subject of pledge.
2. The replacement of the subject of mortgage in accordance with the Law of the Russian Federation of April 15, 1993 N 4802-1 "On the status of the capital of the Russian Federation" is not a basis for reviewing the obligations of the parties under the mortgage agreement for residential premises in an apartment building included in the housing renovation program .
3. The appraisal of the residential premises specified in paragraph 3 of Article 9 of this Federal Law, which was provided in accordance with the Law of the Russian Federation of April 15, 1993 N 4802-1 "On the Status of the Capital of the Russian Federation" to the owner of the residential premises in an apartment building included in the renovation program of the housing stock, and is the subject of a mortgage, is determined on the basis of an agreement between the pledgor and the mortgagee on the assessment of the provided residential premises, and in its absence - on the basis of a monetary valuation of such premises confirmed by the appraiser's conclusion or on the basis of its cadastral value.
4. From the date of replacement of the subject of pledge under a mortgage agreement for residential premises in an apartment building included in the housing renovation program, the object of insurance under a property insurance agreement pledged under such a mortgage agreement shall be residential premises in an apartment building provided in accordance with the Law of the Russian Federation dated April 15, 1993 N 4802-1 "On the status of the capital of the Russian Federation".
5. The pledgee is obliged to notify the insurer in writing of the replacement of the subject of pledge under the mortgage agreement for residential premises in an apartment building included in the housing renovation program. Upon receipt of such notification, the insurer shall issue to the policyholder an insurance contract for property pledged under the said mortgage agreement, the terms of which are identical to the terms of the previous insurance contract (with the exception of the object of insurance), and (or) send it to the address of the residential premises provided in accordance with the Law of the Russian Federation dated April 15, 1993 N 4802-1 "On the status of the capital of the Russian Federation", an insurance policy signed by the insurer and the object of insurance in which is replaced by a dwelling in an apartment building, provided in accordance with the Law of the Russian Federation of April 15, 1993 N 4802- 1 "On the status of the capital of the Russian Federation". In this case, the signing of the insurance contract or insurance policy by the insured is not required.
6. In the event that the property that is the subject of pledge is insured at full cost against the risks of loss and damage, upon the occurrence of an insured event in relation to residential premises in an apartment building provided in accordance with the Law of the Russian Federation of April 15, 1993 N 4802-1 "On the status of the capital of the Russian Federation", the insurance indemnity is paid within the insurance amount determined under the insurance contract for residential premises in an apartment building included in the housing renovation program, without taking into account the ratio of the insurance amount to the insurance value.
7. If the rights of the mortgagee, secured by a mortgage contract for residential premises in an apartment building included in the housing renovation program, were certified by a mortgage, when replacing the subject of mortgage in accordance with this article, the rights registration authority shall ensure that changes are made to the content of the mortgage in part of the change the data specified in subparagraphs 8 - 11 of paragraph 1 of Article 14 of this Federal Law, while instead of the monetary valuation of the dwelling in an apartment building confirmed by the appraiser's conclusion, which is provided in accordance with the Law of the Russian Federation of April 15, 1993 N 4802-1 "On the status the capital of the Russian Federation" and on which a mortgage is established, the cadastral value of such a dwelling may be indicated. Amendments to the records of the Unified State Register of Real Estate shall be ensured by the rights registration authority on the basis of an application from the owner of the mortgage bond for amendments to the records of the Unified State Register of Real Estate with the presentation of the original mortgage bond. Agreements of the debtor under the obligation secured by a mortgage, the pledgor and the legal owner of the mortgage bond on changing the content of the mortgage bond are not required.
8. Amendments to a mortgage bond in accordance with this article shall be carried out by attaching to it the rights registration authority of a document containing the changes made to the mortgage bond, and indicating by the official of the rights registration authority in the text of the mortgage bond itself that such a document is an integral part of the mortgage bond, in in accordance with the rules of part two of Article 15 of this Federal Law. The inscription on the mortgage bond on making changes to the content of the mortgage bond, indicating the date of their introduction, must be made by an official of the rights registration authority, certified by his signature and sealed by the rights registration authority. These actions are carried out free of charge.
Include in the Federal Law of March 30, 1999 N 52-FZ "On the sanitary and epidemiological well-being of the population" (Collected Legislation of the Russian Federation, 1999, N 14, article 1650; 2003, N 2, article 167; 2004, N 35, 3607; 2005, N 19, item 1752; 2006, N 52, item 5498; 2007, N 49, item 6070; 2008, N 29, item 3418; 2009, N 1, item 17; 2011 , N 1, item 6; N 30, item 4563, 4590, 4596; 2012, N 26, item 3446; 2013, N 30, item 4079; 2014, N 26, item 3377) the following changes:
1) Article 12 shall be supplemented with paragraph 2.1 of the following content:
"2.1. In order to carry out urban planning activities in conditions of cramped urban development, the federal executive body exercising federal state sanitary and epidemiological supervision shall have the right to establish the specifics of the application of individual sanitary and epidemiological requirements, the requirements provided for by sanitary rules, or to approve individual sanitary and epidemiological requirements, sanitary rules (with the exception of the minimum necessary requirements to ensure the safety of buildings and structures, including the engineering and technical support systems and networks included in them).";
2) the third paragraph of clause 2 of Article 38 shall be supplemented with the words ", including the establishment of the grounds in the presence of which the calculation and assessment of the risk to human health is required";
3) Paragraph three of paragraph 2 of Article 51 shall be supplemented with the words "including methods for calculating and assessing the risk to human health".
Submit to the Land Code of the Russian Federation (Collected Legislation of the Russian Federation, 2001, N 44, Art. 4147; 2014, N 26, Art. 3377; N 30, Art. 4218, 4225; 2015, N 10, Art. 1418; N 29 , items 4339, 4350; 2016, N 18, item 2495; N 26, item 3890; N 27, items 4269, 4282, 4298, 4306) the following changes:
1) Paragraph 2 of Article 39.6 shall be supplemented with subparagraph 36 of the following content:
"36) a land plot owned by a subject of the Russian Federation - the city of federal significance Moscow or state ownership of which is not demarcated, in order to implement a decision on the renovation of the housing stock in a subject of the Russian Federation - the city of federal significance Moscow in accordance with the Law of the Russian Federation dated April 15, 1993 N 4802-1 "On the Status of the Capital of the Russian Federation", the Moscow Fund for the Renovation of Residential Development, created by the subject of the Russian Federation - the city of federal significance Moscow in accordance with the said Law, in the event that it is planned to build apartment buildings on such a land plot and (or) other real estate objects with the attraction of funds from citizens and legal entities under agreements for participation in shared construction in accordance with the Federal Law of December 30, 2004 N 214-FZ "On Participation in Shared Construction of Apartment Buildings and Other Real Estate Objects and on Amendments in some legislative acts of the Russian Federation".";
2) paragraph 2 of Article 39.10 shall be supplemented with subparagraph 19 of the following content:
"19) the Moscow Fund for the Renovation of Residential Development, created by the subject of the Russian Federation - the city of federal significance Moscow in order to implement the decision on the renovation of the housing stock in the subject of the Russian Federation - the city of federal significance Moscow in accordance with the Law of the Russian Federation dated April 15, 1993 N 4802-1 "On the status of the capital of the Russian Federation", in relation to a land plot that is owned by a subject of the Russian Federation - the city of federal significance of Moscow or state ownership of which is not demarcated, if it is not planned to build apartment buildings and (or) on such a land plot other real estate objects involving funds from citizens and legal entities under agreements for participation in shared construction in accordance with the Federal Law of December 30, 2004 N 214-FZ "On participation in shared construction of apartment buildings and other real estate objects and on amendments to certain legislative acts of the Russian Federation".".
Federal Law No. 137-FZ of October 25, 2001 "On the Enactment of the Land Code of the Russian Federation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2001, No. 44, Art. 4148; 2003, No. 28, Art. 2875; No. 50, Art. 4846; 2004, N 41, item 3993; 2005, N 1, item 17; N 25, item 2425; 2006, N 1, item 3, 17; N 17, item 1782; N 27, item 2881; N 52, item 5498; 2007, N 7, item 834; N 31, item 4009; N 43, item 5084; N 46, item 5553; N 48, item 5812; N 49, item 6071; 2008, N 30, item 3597; 2009, N 1, item 19; N 19, item 2281, 2283; N 29, item 3582; N 52, item 6418, 6427; 2010, N 30 , item 3999; 2011, N 1, item 47; N 13, item 1688; N 29, item 4300; N 30, item 4562; N 49, item 7027; N 51, item 7448; 2012 , N 27, item 3587; N 53, item 7614, 7615; 2013, N 14, item 1651; N 23, item 2866, 2881; N 27, item 3477; N 30, item 4072; 2014 , N 26, item 3377; 2015, N 1, item 9, 38, 72; N 10, item 1418; N 24, item 3369; 2016, N 22, item 3097; N 26, item 3890 ; N 27, art. 4267, 4287, 4294, 4306) supplement with article 16 as follows:
"Article 16 also, the specifics of the formation of land plots for the purpose of renovation of the housing stock, carried out in accordance with a federal law, are established by such a federal law.
Chapter 1 of Federal Law No. 184-FZ of December 27, 2002 "On Technical Regulation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2002, No. 52, Art. 5140; 2007, No. 19, Art. 2293; No. 49, Art. 6070; 2009 , N 29, item 3626; 2010, N 1, item 5, 6; N 40, item 4969; 2011, N 30, item 4603; N 49, item 7025; 2012, N 50, item 6959 ; 2014, N 26, item 3366; 2015, N 27, item 3951; N 29, item 4342; N 48, item 6724; 2016, N 15, item 2066) shall be supplemented with Article 5.4 with the following content:
"Article 5.4. Features of technical regulation in the implementation of urban planning activities in conditions of cramped urban development
1. Features of technical regulation in the preparation of documentation for the planning of the territory, the implementation of architectural and construction design, construction, reconstruction of capital construction projects in conditions of cramped urban development may be established by federal laws, taking into account the specifics of technical regulation in the field of ensuring the safety of buildings and structures established by the Federal Law " Technical regulation on the safety of buildings and structures.
2. In order to carry out urban planning activities in conditions of cramped urban development, authorized federal executive bodies have the right to establish specifics for the application of the requirements established by national standards and sets of rules, or to adopt separate national standards and sets of rules (except for cases where these requirements directly affect safety buildings and structures, including the engineering and technical support systems and networks included in them).
Include in Federal Law No. 152-FZ of November 11, 2003 "On Mortgage Securities" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2003, No. 46, Art. 4448; 2005, No. 1, Art. 19; 2006, No. 31, Art. 3440; 2010, N 11, item 1171; 2012, N 53, item 7606; 2013, N 30, item 4084; 2016, N 27, item 4294) the following changes:
1) in article 3:
a) add parts 2.1 and 2.2 as follows:
"2.1. A claim on a mortgage-secured obligation included in mortgage coverage, when replacing the subject of mortgage in cases established by federal laws, is excluded from mortgage coverage, unless the immovable property that is the subject of mortgage is insured against the risk of loss or damage no later than six months from the date of replacement of the subject of mortgage.
2.2. When replacing the subject of mortgage in cases established by federal law, the value of immovable property that is the subject of mortgage may be determined on the basis of its cadastral value.";
b) paragraph four of part 4 shall be supplemented with the words "except for the replacement of the subject of mortgage in cases established by federal law";
2) Paragraph four of Part 2 of Article 5 shall be supplemented with the words "or its cadastral value in the case established by this Federal Law".
Federal Law No. 189-FZ of December 29, 2004 "On Enacting the Housing Code of the Russian Federation" (Collection of Legislation of the Russian Federation, 2005, No. 1, Art. 15; No. 52, Art. 5597; 2006, No. 27, Art. 2881; 2007, N 1, item 14; N 49, item 6071; 2009, N 19, item 2283; 2010, N 6, item 566; N 32, item 4298; 2011, N 23, item 3263; 2012, N 41, item 5524; N 53, item 7596; 2013, N 8, item 722; N 14, item 1651; N 23, item 2866; 2014, N 26, item 3377; No. 30, items 4218, 4256; 2015, No. 9, item 1194; 2016, No. 9, item 1168; N 27, item 4294; 2017, N 9, item 1274) shall be supplemented with Article 26 with the following content:
"Article 26
The competence of the general meeting of owners of premises in an apartment building in the formation and implementation of the housing renovation program, carried out in accordance with federal law, the features of ensuring the housing rights of citizens for the renovation of the housing stock, the features of using contributions for the overhaul of common property in an apartment building included in the program renovation of the housing stock, and the specifics of the application of Article 175 of the Housing Code of the Russian Federation for the purpose of renovation of the housing stock are established by the federal law, in accordance with which the renovation of the housing stock is carried out, and the laws and other regulatory legal acts of the constituent entity of the Russian Federation adopted in accordance with it.
Federal Law No. 191-FZ of December 29, 2004 "On the Enactment of the Town Planning Code of the Russian Federation" (Collected Legislation of the Russian Federation, 2005, No. 1, Art. 17; No. 30, Art. 3122; 2006, No. 1, Art. 17; N 27, item 2881; N 52, item 5498; 2007, N 21, item 2455; N 49, item 6071; N 50, item 6237; 2008, N 20, item 2251; N 30 , item 3604; 2009, N 1, item 19; N 11, item 1261; N 19, item 2283; N 29, item 3611; N 48, item 5723; N 52, item 6419, 6427 ; 2010, N 31, item 4209; N 40, item 4969; N 52, item 6993; 2011, N 13, item 1688; N 30, item 4563, 4594; 2012, N 26, item 3446 ; N 27, item 3587; N 53, item 7614, 7615; 2013, N 14, item 1651; N 23, item 2866; N 30, item 4072; N 52, item 6976; 2014, N 26, item 3377; 2015, N 1, item 9, 38, 52, 72; N 9, item 1195; N 10, item 1418; N 17, item 2477; N 27, item 3951; N 29, items 4347, 4376; 2016, N 1, item 22; N 26, item 3890; N 27, items 4305, 4306; 2017, N 1, item 35) shall be supplemented with Article 10.9 with the following content:
"Article 10.9
Features of the implementation of urban planning activities for the purpose of renovation of the housing stock in accordance with the federal law are established by such a federal law and laws and other regulatory legal acts of the constituent entity of the Russian Federation adopted in accordance with it.
Article 1 of the Federal Law of December 30, 2004 N 214-FZ "On Participation in the Shared Construction of Apartment Buildings and Other Real Estate and on Amendments to Certain Legislative Acts of the Russian Federation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2005, N 1, Art. 40 ; 2006, N 30, item 3287; 2010, N 25, item 3070; 2016, N 18, item 2515; N 27, item 4237) add part 4 of the following content:
"4. This Federal Law shall apply to relations related to the attraction of funds from citizens and legal entities for the shared construction of apartment buildings and (or) other real estate objects and arising in connection with the renovation of the housing stock in a constituent entity of the Russian Federation - the federal city of Moscow, taking into account the specifics provided for by the Law of the Russian Federation of April 15, 1993 N 4802-1 "On the Status of the Capital of the Russian Federation".".
Include in Article 10 of the Federal Law of July 22, 2008 N 159-FZ "On the peculiarities of the alienation of real estate that is state-owned by the constituent entities of the Russian Federation or municipal property and leased by small and medium-sized businesses, and on amendments to certain legislative acts of the Russian Federation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2008, N 30, Art. 3615; 2010, N 27, Art. 3434; 2013, N 27, Art. 3436; 2015, N 27, Art. 3949) the following changes:
1) Part 3 shall be supplemented with the words ", except for the case provided for by Part 4 of this Article";
2) add part 4 of the following content:
"4. Relations arising in connection with the alienation from the state property of a constituent entity of the Russian Federation of immovable property leased by small or medium-sized businesses for the purpose of renovation of the housing stock, carried out in accordance with federal law, are regulated by Articles 1 - 6 and 9 of this Federal Law until the end the period of validity of the housing stock renovation program provided for by such a federal law.
Include in the Federal Law of July 13, 2015 N 218-FZ "On State Registration of Real Estate" (Collected Legislation of the Russian Federation, 2015, N 29, Art. 4344; 2016, N 18, Art. 2484, 2495; N 23, Art. 3296; N 26, item 3890; N 27, item 4237, 4248, 4284, 4294) the following changes:
1) Part 3 of Article 9 shall be supplemented with paragraph 8.3 of the following content:
"8.3) information about the impossibility of transferring residential premises as a pledge, rent, encumbrance with other rights, as well as the impossibility of alienating it in cases provided for by the Law of the Russian Federation of April 15, 1993 N 4802-1 "On the Status of the Capital of the Russian Federation";" ;
2) Article 19 shall be supplemented with part 1.1 of the following content:
"1.1. In the event of the conclusion of an agreement, a party to which is an authorized executive body of a constituent entity of the Russian Federation - the federal city of Moscow, and which provides for the transfer of ownership of a dwelling in an apartment building included in the housing renovation program in the specified constituent entity of the Russian Federation in accordance with By the Law of the Russian Federation of April 15, 1993 N 4802-1 "On the Status of the Capital of the Russian Federation", the authorized executive body of the constituent entity of the Russian Federation - the federal city of Moscow, within three days from the date of signing the said agreement, sends an application for state registration of the transfer of ownership of the residential premises indicated in such an agreement to the registration authority with the documents provided for by this Federal Law attached.The registration authority within seven days from the date of receipt of such an application carries out state registration of the transfer of ownership of the residential premises specified in such an agreement. ";
3) Clause 4 of Article 25 shall be supplemented with the words "except for the case provided for by Part 1.1 of Article 19 of this Federal Law";
4) Part 1 of Article 42 shall be supplemented with the words ", transactions for the alienation and acquisition of shares in the right of common ownership of real estate when concluding an agreement providing for the transfer of ownership of a dwelling in accordance with the Law of the Russian Federation of April 15, 1993 N 4802-1" On the status of the capital of the Russian Federation" (except for the case provided for by part nineteen of Article 7.3 of the said Law)";
5) Article 48 shall be supplemented with part 6.1 of the following content:
"6.1. For the state registration of an agreement for participation in shared construction concluded by the Moscow Fund for Assistance to the Renovation of the Housing Stock, created in accordance with the Law of the Russian Federation of April 15, 1993 N 4802-1 "On the Status of the Capital of the Russian Federation", with participants in the shared construction of an apartment building and (or) another real estate object, the submission of the documents provided for in paragraphs 4-6 of part 2 of this article is not required, and the provisions of parts 3 and 6 of this article do not apply.";
6) in Article 53:
a) add parts 4.1 and 4.2 as follows:
"4.1. State registration of a mortgage in accordance with the Law of the Russian Federation of April 15, 1993 N 4802-1 "On the status of the capital of the Russian Federation" in relation to equivalent residential premises or equivalent residential premises is carried out without a corresponding application simultaneously with state registration of ownership of the corresponding residential premises on the basis of an agreement providing for the transfer of ownership of residential premises and concluded in accordance with the Law of the Russian Federation of April 15, 1993 N 4802-1 "On the status of the capital of the Russian Federation", or a court decision that has entered into force to compel the conclusion of this agreement, on the release of residential premises in an apartment building included in the renovation program of the housing stock of a constituent entity of the Russian Federation - the city of federal significance Moscow, and on its transfer to the ownership of a constituent entity of the Russian Federation - the city of federal significance Moscow, on state registration of the transfer of ownership of an equivalent residential premises or an equivalent living space. The body for registration of rights not later than three days from the date of state registration of a mortgage in respect of equivalent residential premises or equivalent residential premises shall notify the mortgagee of this in the manner established by the regulatory body.
4.2. When submitting an application for making changes to the records of the Unified State Register of Real Estate by the owner of the mortgage certifying the rights of the pledgee in respect of a dwelling in an apartment building included in the housing renovation program in accordance with the Law of the Russian Federation of April 15, 1993 N 4802-1 "On status of the capital of the Russian Federation", the rights registration authority amends the content of the mortgage in the manner prescribed by Federal Law No. 102-FZ of July 16, 1998 "On Mortgage (Pledge of Real Estate)".";
b) in Part 11 the words "Part 4 of Article 60 of this Federal Law" shall be replaced by the words "by this Federal Law";
c) add part 11.1 with the following content:
"11.1. State registration of the termination of a mortgage in respect of a dwelling in an apartment building included in the housing renovation program in accordance with the Law of the Russian Federation of April 15, 1993 N 4802-1 "On the Status of the Capital of the Russian Federation" is carried out without a corresponding application simultaneously with state registration of the transfer of ownership of equivalent residential premises or equivalent residential premises.
7) Article 57 shall be supplemented with part 3 of the following content:
"3. The basis for state registration of the transfer of rights to housing in an apartment building included in the housing renovation program in accordance with the Law of the Russian Federation of April 15, 1993 N 4802-1 "On the Status of the Capital of the Russian Federation" is provided for in Article 7.3 of the said of the Law, an agreement or a judicial act that has entered into force. For state registration of the transfer of ownership of such a dwelling in accordance with this article, a transfer act or other document is also submitted confirming the fulfillment by the parties of their obligations under the agreement concluded in accordance with this Law.".
1. Provisions of the Law of the Russian Federation of April 15, 1993 N 4802-1 "On the Status of the Capital of the Russian Federation" (as amended by this Federal Law), regulating relations arising in connection with the implementation of the housing renovation program in a constituent entity of the Russian Federation - a city of federal significance Moscow, do not apply to relations arising from the recognition, in accordance with the procedure established by the Government of the Russian Federation, of an apartment building as emergency and subject to demolition or reconstruction.
2. Only those multi-apartment buildings may be included in the draft program for the renovation of the housing stock, in which voting on the issue of including the housing stock of the multi-apartment building in the draft program for the renovation of the housing stock was held before the day this Federal Law came into force and provided that the results of such voting comply with the requirements of part the second article 7.1 of the Law of the Russian Federation of April 15, 1993 N 4802-1 "On the status of the capital of the Russian Federation" (as amended by this Federal Law).
This Federal Law shall enter into force on the day of its official publication.
The president
Russian Federation
Moscow Kremlin
RUSSIAN FEDERATION
THE FEDERAL LAW
ABOUT CHANGES
TO SEPARATE LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION
IN PART OF IMPROVING THE PROCEDURE FOR ESTABLISHING
AND USE OF THE AERODROME TERRITORY
AND SANITARY PROTECTION ZONE
State Duma
Federation Council
Introduce the following changes to the Air Code of the Russian Federation (Collected Legislation of the Russian Federation, 1997, No. 12, Art. 1383; 2004, No. 35, Art. 3607; 2007, No. 50, Art. 6245; 2015, No. 29, Art. 4380) :
1) Article 46 is recognized as invalid;
2) article 47 shall be stated in the following wording:
"Article 47. Airfield territory
1. The aerodrome territory is established by the decision of the federal executive body authorized by the Government of the Russian Federation in order to ensure the safety of aircraft flights, the prospective development of the airport and the exclusion of the negative impact of the aerodrome equipment and aircraft flights on human health and the environment in accordance with this Code, land legislation, legislation on urban planning activities, taking into account the requirements of legislation in the field of ensuring the sanitary and epidemiological welfare of the population.
By the decision specified in the first paragraph of this paragraph, restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities in accordance with this Code (hereinafter referred to as restrictions on the use of real estate objects and activities) are established on the aerodrome territory.
2. The aerodrome territory is a zone with special conditions for the use of territories.
3. The following sub-zones may be distinguished on the aerodrome territory, in which restrictions on the use of real estate and activities are established:
1) the first subzone, in which it is prohibited to place objects that are not intended for organizing and servicing air traffic and air transportation, ensuring takeoff, landing, taxiing and parking of aircraft;
2) the second subzone, in which it is prohibited to place objects not intended for servicing passengers and handling baggage, cargo and mail, servicing aircraft, storing aviation fuel and refueling aircraft, providing energy supply, as well as objects that are not related to the infrastructure of the airport;
3) the third subzone, in which it is prohibited to place objects whose height exceeds the restrictions established by the federal executive body authorized by the Government of the Russian Federation when establishing the corresponding aerodrome territory;
4) the fourth subzone, in which it is prohibited to place objects that interfere with the operation of ground facilities and systems for air traffic services, navigation, landing and communications intended for organizing air traffic and located outside the first subzone;
5) the fifth subzone, in which it is prohibited to place hazardous production facilities, the operation of which may affect the safety of aircraft flights;
6) the sixth subzone, in which it is prohibited to place objects that contribute to the attraction and mass accumulation of birds;
7) the seventh subzone, in which, due to the excess of the level of noise, electromagnetic effects, concentrations of pollutants in the atmospheric air, it is prohibited to place objects, the types of which, depending on their functional purpose, are determined by the federal executive body authorized by the Government of the Russian Federation when establishing the appropriate aerodrome territory, taking into account the requirements legislation in the field of ensuring the sanitary and epidemiological welfare of the population, unless otherwise established by federal laws.
4. The procedure for establishing the aerodrome territory and the procedure for allocating subzones on the aerodrome territory, in which restrictions are established on the use of real estate and the implementation of activities, are approved by the Government of the Russian Federation.
Establishment of the aerodrome territory for structures intended for takeoff, landing, taxiing and parking of aircraft (hereinafter referred to as aerodrome structures) and planned for construction, reconstruction, is carried out in accordance with the main characteristics of aerodrome structures contained in the territorial planning schemes of the Russian Federation, territorial planning schemes constituent entities of the Russian Federation, master plans of the federal cities of Moscow, St. Petersburg and Sevastopol and documentation on the planning of the territory.
5. In case of architectural and construction design for the purpose of construction, reconstruction of aerodrome structures, a draft decision of the federal executive body authorized by the Government of the Russian Federation on the establishment of an aerodrome territory is prepared by the developer who carries out the construction of aerodrome structures. The specified draft decision is approved by the federal executive body authorized by the Government of the Russian Federation, subject to a positive sanitary and epidemiological conclusion of the federal executive body exercising federal state sanitary and epidemiological supervision, on the compliance of the specified draft decision with the requirements of the legislation in the field of ensuring the sanitary and epidemiological welfare of the population. The specified draft decision is also subject to agreement with the highest executive bodies of state power of the constituent entities of the Russian Federation, within the boundaries of whose territories the aerodrome territory is located in whole or in part (in terms of the compliance of the specified draft decision, the allocation of subzones on the aerodrome territory, the establishment of restrictions on the use of real estate in such subzones and the implementation the procedure for describing the location of the borders of the aerodrome territory and the procedure for allocating subzones on the aerodrome territory in which restrictions are established on the use of real estate and activities), taking into account the conclusions of the authorized bodies of local self-government of municipalities, within the boundaries of the territories of which the aerodrome territory is fully or partially located, containing calculations the amount of damage to be compensated to citizens, legal entities and public legal entities in connection with restrictions on the use of real estate and the implementation of activities established on the aerodrome territory. Approval of the said draft decision or refusal to approve it shall be submitted to the federal executive bodies authorized by the Government of the Russian Federation within thirty days from the date of receipt of the said draft decision by the highest executive body of state power of the constituent entity of the Russian Federation. In case of failure to submit approval of the specified draft decision or failure to submit a refusal to approve it within the established period, the specified draft decision is considered agreed. The procedure for resolving disagreements arising between the highest executive bodies of state power of the constituent entities of the Russian Federation and the federal executive bodies authorized by the Government of the Russian Federation when agreeing on the said draft decision is approved by the Government of the Russian Federation.
6. With regard to a joint-based aerodrome or an aerodrome of joint use, the decision to establish an aerodrome territory is approved by the federal executive body authorized by the Government of the Russian Federation in agreement with the federal executive bodies that are allowed to be jointly based on an aerodrome or that share the use of an aerodrome.
7. In the event that in the rules for land use and development of a settlement, urban district, inter-settlement territory, violations of the restrictions on the use of real estate objects and the implementation of activities established on the aerodrome territory, the operator of the civil aviation aerodrome or the organization operating the experimental aviation aerodrome or authorized by the federal executive body, under the jurisdiction which the state aviation aerodrome is located, are obliged to prepare a conclusion on violation of the restrictions on the use of real estate and activities established on the aerodrome territory and send it to the federal executive body authorized by the Government of the Russian Federation.
The federal executive body authorized by the Government of the Russian Federation, within ten days from the date of receipt of the conclusion on the violation of the restrictions on the use of real estate objects and the implementation of activities established on the aerodrome territory, is obliged to send an order to the local self-government body of the relevant municipality to eliminate violations of the restrictions on the use of real estate objects established on the aerodrome territory and the implementation of activities that are allowed in the rules for land use and development of a settlement, urban district, inter-settlement territory, including the demolition of an unauthorized building. Such an order may be appealed by the local self-government body of the relevant municipality to the court.
The federal executive body authorized by the Government of the Russian Federation is obliged to notify the highest executive body of state power of the constituent entity of the Russian Federation, on whose territory the relevant municipality is located, of violations of restrictions on the use of real estate and activities established on the aerodrome territory, which are allowed in the rules for land use and development of the settlement, urban district, inter-settlement territory.
8. The developer, which carries out the construction of aerodrome facilities, compensates for the damage caused to citizens, legal entities and public legal entities in connection with restrictions on the use of real estate and activities established on the aerodrome territory.".
Include in Article 12 of the Federal Law of March 30, 1999 N 52-FZ "On the sanitary and epidemiological well-being of the population" (Collected Legislation of the Russian Federation, 1999, N 14, Art. 1650; 2006, N 52, Art. 5498; 2011, N 30, articles 4563, 4596; 2014, N 26, article 3377) the following changes:
1) in the name of the word "urban and rural settlements" to exclude;
2) clause 2 shall be supplemented with a paragraph with the following content:
"The procedure for establishing sanitary protection zones and the use of land plots located within the boundaries of sanitary protection zones is approved by the Government of the Russian Federation.".
Include in the Town Planning Code of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2005, N 1, Art. 16; 2006, N 1, Art. 21; N 52, Art. 5498; 2008, N 29, Art. 3418; N 30, Art. 3604, 3616; 2009, N 48, item 5711; 2010, N 48, item 6246; 2011, N 13, item 1688; N 17, item 2310; N 27, item 3880; N 30, item 4563, 4572, 4591, 4594; N 49, items 7015, 7042; 2012, N 31, item 4322; N 47, item 6390; N 53, items 7614, 7619, 7643; 2013, N 9, 873; N 14, item 1651; N 43, item 5452; N 52, item 6983; 2014, N 14, item 1557; N 19, item 2336; N 26, item 3377; N 42 , item 5615; N 43, item 5799; N 48, item 6640; 2015, N 1, item 9, 11, 86; N 29, item 4342; N 48, item 6705; 2016, N 1 , item 79; N 27, item 4248, 4294, 4301, 4302, 4303, 4305, 4306; N 52, item 7494) the following changes:
1) paragraph 4 of Article 1 after the words "zones of protected objects," add the words "airfield area,";
2) Article 30 shall be supplemented with parts 7 and 8 of the following content:
"7. The approved rules for land use and development of a settlement, urban district, inter-settlement territory are not applied in the part that contradicts the restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities established on the aerodrome territory, within the boundaries of which completely or partially located near the aerodrome territory, established in accordance with the Air Code of the Russian Federation (hereinafter referred to as restrictions on the use of real estate objects established on the aerodrome territory).
8. The term for bringing the approved land use and development rules in line with the restrictions on the use of real estate objects established on the aerodrome territory may not exceed six months.";
3) in Article 31:
a) Part 3 shall be supplemented with the following sentence: "If the land use and development rules are brought into line with the restrictions on the use of real estate objects established on the aerodrome territory, public hearings are not held.";
b) add part 7.1 with the following content:
"7.1. If the land use and development rules are brought into line with the restrictions on the use of real estate objects established on the aerodrome territory, the publication of a notice on the decision to prepare a project to amend the land use and development rules is not required.";
c) add parts 8.2 and 8.3 as follows:
"8.2. Draft rules for land use and development, prepared in relation to the territory of the municipality, within the boundaries of which the aerodrome territory is located in whole or in part, no later than ten days from the date of the decision to hold public hearings on such a project in accordance with Part 11 of this article is subject to sending to the federal executive body authorized by the Government of the Russian Federation.
8.3. The federal executive body authorized by the Government of the Russian Federation, if the draft rules for land use and development contradict the restrictions on the use of real estate objects established on the aerodrome territory, no later than ten days after the date of receipt of the draft rules for land use and development, sends it to the local government body of the relevant municipal formation of an instruction to bring the draft land use and development rules in line with the restrictions on the use of real estate objects established on the aerodrome territory, which is subject to mandatory execution when approving the land use and development rules. The said order may be appealed by the local self-government body of the relevant municipality to the court.";
d) part 15 shall be supplemented with the words "except for cases when they are not required in accordance with this Code";
4) in Article 32:
a) in part 1, the second sentence shall be supplemented with the words ", except for cases when they are not required in accordance with this Code";
b) add part 3.1 with the following content:
"3.1. The approved rules for land use and development are subject to placement in the federal state information system of territorial planning no later than ten days after the date of approval of the said rules. If the aerodrome area established in accordance with the Air Code of the Russian Federation is wholly or partially located within of a municipal formation, the local self-government body of such a municipal formation no later than five days after the date of placement of the approved rules for land use and development in the federal state information system of territorial planning notifies in electronic form and (or) by mail the federal executive body authorized by the Government of the Russian Federation on the placement of these rules in the federal state information system of territorial planning.";
5) in Article 33:
a) Part 2 shall be supplemented with paragraph 1.1 of the following content:
"1.1) receipt from the federal executive body authorized by the Government of the Russian Federation, binding for execution within the time limits established by the legislation of the Russian Federation, to eliminate violations of restrictions on the use of real estate objects established on the aerodrome territory, which are allowed in the rules for land use and development of a settlement, urban district, inter-settlement territory;";
b) add part 4.1 with the following content:
"4.1. The project on introducing amendments to the land use and development rules, providing for bringing these rules in line with the restrictions on the use of real estate objects established on the aerodrome territory, is not subject to consideration by the commission.";
c) add part 6 of the following content:
"6. The head of the local administration, upon receipt from the federal executive body authorized by the Government of the Russian Federation of the order specified in paragraph 1.1 of part 2 of this article, is obliged to make a decision on amending the rules for land use and development. The order specified in paragraph 1.1 of part 2 of this article may be appealed by the head of the local administration to the court.";
6) Article 40 shall be supplemented with part 8 of the following content:
"8. Granting permission to deviate from the limiting parameters of permitted construction, reconstruction of capital construction facilities is not allowed if such a deviation does not comply with the restrictions on the use of real estate objects established on the aerodrome territory.";
7) in Article 51:
a) Part 3 shall be supplemented with the words ", as well as in case of non-compliance of the project documentation of capital construction facilities with the restrictions on the use of real estate objects established on the aerodrome territory";
b) add parts 12.1 and 12.2 as follows:
"12.1. The federal executive body authorized to issue building permits, the executive body of a constituent entity of the Russian Federation, the local self-government body or an authorized organization exercising state management of the use of atomic energy and state management in the implementation of activities related to the development, manufacture, disposal of nuclear weapons and nuclear power plants for military purposes, or the State Corporation for Space Activities "Roscosmos" within ten days from the date of issuance of a permit to the developer for construction within the boundaries of the aerodrome territory, submits a copy of such a permit to the federal executive body authorized by the Government of the Russian Federation.
12.2. The federal executive body authorized by the Government of the Russian Federation, within thirty days, checks the compliance of the issued construction permit with the restrictions on the use of real estate objects established on the aerodrome territory, and in case of detection of a violation of the restrictions on the use of real estate objects established on the aerodrome territory, sends to the federal executive authority, an executive authority of a constituent entity of the Russian Federation, a local self-government body or an authorized organization exercising state management of the use of atomic energy and state management in the implementation of activities related to the development, manufacture, disposal of nuclear weapons and nuclear power plants for military purposes, or the State Corporation for Space Activities " Roskosmos" order to terminate the building permit.";
c) Part 21.1 shall be supplemented with clause 1.1 as follows:
"1.1) receipt of an order from the federal executive body authorized by the Government of the Russian Federation to terminate the construction permit on the basis of non-compliance of the construction permit with the restrictions on the use of real estate objects established on the aerodrome territory;".
1. Prior to the establishment of aerodrome territories in the manner prescribed by the Air Code of the Russian Federation (as amended by this Federal Law), the federal executive bodies authorized by the Government of the Russian Federation, no later than within thirty days from the date of the official publication of this Federal Law, must post on their official websites in the information and telecommunication network "Internet" a description of the location of the boundaries of the aerodrome territories, information about which was entered in the state real estate cadastre before January 1, 2016, in order to coordinate the placement of objects specified in part 3 of this article within the boundaries of the aerodrome territories, without entering information about the borders aerodrome territories in the Unified State Register of Real Estate. The publication of the specified information is carried out taking into account the requirements of the legislation of the Russian Federation on state secrets.
2. Until the date of entry into force of this Federal Law, the federal executive bodies authorized by the Government of the Russian Federation, in the absence of the description of the location of the boundaries of the aerodrome territories specified in Part 1 of this Article in the state cadastre of real estate, are required to approve the information available on the day of official publication of this Federal maps (diagrams) showing the boundaries of air approach lanes at experimental aviation aerodromes, state aviation aerodromes, civil aviation aerodromes, the boundaries of sanitary protection zones of aerodromes, as well as place these maps (diagrams) on the website of the federal executive body authorized by the Government of the Russian Federation authorities in the information and telecommunications network "Internet" in order to coordinate the placement within such boundaries of the objects specified in part 3 of this article, without entering information about such boundaries in the Unified State Register of Real Estate. These maps (schemes) are subject to approval by the highest executive bodies of state power of the constituent entities of the Russian Federation, within the boundaries of the territories of which the aerodrome territory is located in whole or in part (in terms of the correspondence of the description of the location of the boundaries of air access lanes at aerodromes, the description of the location of the boundaries of the sanitary protection zones of aerodromes and restrictions use of land plots and (or) real estate objects located on them and the implementation of economic and other activities within such boundaries to the established requirements). Approval of the said maps (schemes) or refusal to approve them shall be submitted to the said federal executive bodies within thirty days from the date of receipt of the drafts of the said maps (schemes) by the highest executive state authorities of the constituent entities of the Russian Federation. In case of failure to submit the approval of the specified maps (schemes) or failure to submit a refusal to approve them within the established period, the specified maps (schemes) are considered approved. The procedure for resolving disagreements arising between the highest executive bodies of state power of the constituent entities of the Russian Federation and the federal executive bodies authorized by the Government of the Russian Federation when agreeing on drafts of these maps (schemes) is approved by the Government of the Russian Federation.
3. Prior to the establishment of aerodrome territories in the manner prescribed by the Air Code of the Russian Federation (as amended by this Federal Law), architectural and construction design, construction, reconstruction of capital construction facilities, placement of radio engineering and other facilities that may threaten the safety of aircraft flights, have a negative impact on human health and the environment, interfere with the operation of radio equipment installed at the aerodrome, radar and radio navigation facilities designed to ensure the flight of aircraft, within the boundaries of the aerodrome territories specified in Part 1 of this Article or the air traffic lanes specified in Part 2 of this Article approaches at aerodromes, sanitary protection zones of aerodromes should be carried out subject to the coordination of the placement of these objects within a period of not more than thirty days:
1) with the organization operating the experimental aviation aerodrome - for the experimental aviation aerodrome;
2) with an organization authorized by the federal executive body in charge of the state aviation aerodrome - for a state aviation aerodrome;
3) with the federal executive body exercising the functions of providing public services and managing state property in the field of air transport (civil aviation) - for a civil aviation aerodrome. In case of failure to submit an agreement on the placement of these objects or failure to submit a refusal to agree on their placement within the established period, the placement of the object is considered agreed.
4. The coordination specified in part 3 of this article is carried out in the presence of a positive sanitary and epidemiological conclusion of the federal executive body exercising federal state sanitary and epidemiological supervision on the compliance of the location of the objects indicated in part 3 of this article with the requirements of legislation in the field of ensuring sanitary and epidemiological welfare of the population issued within thirty days from the date of receipt of the application by the given federal executive body.
5. Upon the expiration of three hundred and sixty days from the date of the official publication of this Federal Law, the violation of the requirements of the Air Code of the Russian Federation on the establishment of aerodrome territories and the corresponding restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities and the operation of such an aerodrome are recognized violation of aircraft flight safety requirements.
6. The highest executive body of state power of a subject of the Russian Federation shall have the right to apply to the Government of the Russian Federation with a proposal to suspend air transportation at an aerodrome if, after three hundred and sixty days from the date of the official publication of this Federal Law, the federal executive body authorized by the Government of the Russian Federation has not established the corresponding aerodrome area.
7. With regard to aerodromes put into operation before the date of entry into force of this Federal Law:
1) until the establishment of aerodrome territories in the manner prescribed by the Air Code of the Russian Federation (as amended by this Federal Law), restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities established before the date of entry into force of this Federal law, restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities established within the boundaries of the aerodrome territories specified in Part 1 of this Article or the air access lanes at aerodromes, sanitary protection zones specified in Part 2 of this Article aerodromes, zones of sanitary gaps of aerodromes, do not apply to capital construction objects, architectural and construction design, construction, reconstruction of which are agreed by the owner of the relevant aerodrome and (or) the authorized state authority exercising the powers of the owner of the corresponding aerodrome, as well as in relation to land plots and (or) real estate objects located on them, the rights to which have arisen for citizens or legal entities prior to the date of entry into force of this Federal Law, unless these restrictions are established in order to ensure the safety of aircraft flights. Losses caused to public legal entities in connection with the established restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities are not subject to compensation;
2) a draft decision of the federal executive body authorized by the Government of the Russian Federation on the establishment of an aerodrome territory, including, among other things, the establishment of restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities, is prepared by the aerodrome operator and approved by the authorized Government of the Russian Federation Federation by the federal executive body in the presence of a positive sanitary and epidemiological conclusion of the federal executive body exercising federal state sanitary and epidemiological supervision on the compliance of this draft decision with the requirements of legislation in the field of ensuring the sanitary and epidemiological welfare of the population in agreement with the highest executive bodies of state power of the constituent entities of the Russian Federation Federations, within the boundaries of whose territories the aerodrome territory is located in whole or in part (in terms of the compliance of this draft decision, the allocation of subzones on the aerodrome territory, the establishment in such subzones of restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities in accordance with the procedure description of the location of the boundaries of the aerodrome territory, the procedure for allocating subzones on the aerodrome territory in which these restrictions are established), carried out taking into account the conclusions of the authorized bodies of local self-government of the municipalities within whose boundaries the aerodrome territory is located in whole or in part, containing the calculation of the amount of damage subject to compensation to citizens, legal entities and public legal entities in connection with the establishment of restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities. Approval of this draft decision or refusal to approve it is subject to submission to the federal executive bodies authorized by the Government of the Russian Federation within thirty days from the date of receipt of this draft decision by the highest executive body of state power of the constituent entity of the Russian Federation. In case of failure to submit the approval of this draft decision or failure to submit a refusal to approve it within the prescribed period, this draft decision is considered agreed. The procedure for resolving disagreements arising between the highest executive bodies of state power of the constituent entities of the Russian Federation and the federal executive bodies authorized by the Government of the Russian Federation when agreeing on this draft decision is approved by the Government of the Russian Federation;
3) the establishment of the aerodrome territory is carried out in accordance with the main characteristics of the structures intended for take-off, landing, taxiing and parking of aircraft contained in the aeronautical passport of the civil aviation aerodrome, instructions for operating flights in the area of the state aviation aerodrome or experimental aviation aerodrome;
4) the aerodrome operator compensates for the damage caused to citizens and legal entities when their rights to land plots and (or) real estate objects located on them are restricted, which arose before the date of entry into force of this Federal Law, except for cases of unauthorized construction, in connection with the establishment of previously unestablished restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities, including when establishing an aerodrome territory in the manner prescribed by the Air Code of the Russian Federation (as amended by this Federal Law), except for cases provided for in paragraphs 5 and 6 of this part. Losses caused to public legal entities in connection with the established restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities are not subject to compensation. In the event that the operator of the aerodrome and the operator of the airport, which includes the corresponding aerodrome, are different persons, the distribution between them of the amount of this damage subject to compensation is determined by an agreement between them. In the event that such an agreement is not concluded, the given aerodrome operator and the airport operator shall jointly and severally indemnify for this damage;
5) restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities established in the seventh subzone of the aerodrome territory when establishing aerodrome territories in the manner prescribed by the Air Code of the Russian Federation (as amended by this Federal Law) do not apply in relation to land plots and (or) real estate objects located on them, the rights to which citizens or legal entities arose prior to the date of entry into force of this Federal Law;
6) at the expense of the relevant budget of the budgetary system of the Russian Federation, the damage caused to citizens and legal entities in the event of restriction of their rights to land plots and (or) real estate objects located on them, which arose before the date of entry into force of this Federal Law, is compensated, except for cases where unauthorized construction, in connection with the establishment, in order to ensure the safety of aircraft flights, of restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities, if the use of such land plots and (or) real estate objects located on them was agreed federal executive bodies authorized by the Government of the Russian Federation, authorized bodies of state power of the constituent entities of the Russian Federation, which exercised the powers of the owners of the respective aerodromes.
1. This Federal Law shall enter into force on the day of its official publication, with the exception of the provisions for which this article establishes a different term for their entry into force.
2. Articles 1 - 3, Parts 5, 6 and Clauses 2 and 3 of Part 7 of Article 4 of this Federal Law shall enter into force ninety days after the date of official publication of this Federal Law.
The president
Russian Federation
Moscow Kremlin
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