The state Duma will consider a draft of the compensation Fund of shared construction

© RIA Novosti / Sergey Mangalapura in fotomonsterflash. Archival photoThe state Duma will consider a draft of the compensation Fund of shared construction© RIA Novosti / Sergey Mangalapura the image Bank

The state Duma on Wednesday at plenary session will consider in the first reading the bill on the peculiarities of forming the compensation Fund of shared construction for extra protection of the rights and legitimate interests of shareholders.

Current legislation provides for the establishment of a special state compensation Fund formed by compulsory contributions of developers, the size of which cannot exceed 1% of the estimated cost of construction of an apartment building.

The order of management of such a Fund, the amount and procedure of mandatory contributions (dues) of developers, the terms and procedure for the use of the funds and rules of their placing and investing established by the government.

The bill proposes to calculate the contributions of developers to the compensation Fund according to the method of government based on the price of each contract with holders. The size of the contributions should not exceed the maximum percentage of the value of the contract of participation in share construction. The developer will be required to pay contributions to the compensation Fund to the state registration of each contract of participation in share construction.

The bill introduced by the government of the Russian Federation, negate such ways of providing performance of obligations of the developer to transfer the dwelling to the holders, as the Bank guarantee and insurance of civil liability of the developer. Instead, mandatory contributions by developers of contributions to the compensation Fund created non-profit organization, whose founder is the Russian Federation.

While the compensation Fund will not be used to solve problems of citizens, zabludivshijsya contracts equity (DDU).

«The Fund will not apply to those facilities that are problematic and will not solve the problems of those citizens who are already in the registry», — explained earlier, the Deputy head of the Ministry Nikita Stasyshyn. He added that the Ministry has 776 these «problematic» objects. Statesin explained this restriction is the fact that with the use of the Fund for existing contracts, the organization will immediately go bankrupt.

The tariff from the Ministry of construction

Earlier, the press service of the Ministry of construction announced that the single fare for developers, attracting in the housing construction funds of citizens for a transitional period until 1 July 2018 it is proposed to install 1.2% of the agreement value the equity.

The head of the profile Committee of the state Duma on natural resources, property and land relations Nikolay Nikolayev spoke out against such rate. «The proposed rate is 1.2% contrary to the current wording of the Federal law №214-FZ, according to which in 2016 the adoption of a rule limiting the amount of mandatory contributions of developers to the compensation Fund of shared construction and it is 1%. This is also stated in the government resolution of 7 December 2016,» he said.

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