1. The use by a private notary or private auditor of their powers contrary to the objectives of their activities and in order to obtain benefits and advantages for themselves or other persons or to cause harm to other persons, if this act caused significant harm to the rights and legitimate interests of citizens or organizations or legally protected interests of society or state -
shall be punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, or by forced labor for a term of up to three years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or arrest for a term of up to six months, or imprisonment for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
2. The same act committed in relation to a knowingly minor or incompetent person, -
shall be punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to three years, or by forced labor for a term of up to five years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or arrest for a term of up to six months, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
- Article 201.1. Abuse of authority in the implementation of state defense orders
- Article 203. Excess of authority by a private detective or an employee of a private security organization holding a private security guard certificate when performing their official duties
Commentary to Art. 202 of the Criminal Code of the Russian Federation
The main object of the crime is the normal implementation of private notary and audit activities, since abuse of powers in this area leads to a distortion of its essence, undermines trust and authority in the notary and audit.
An additional object is the rights and legitimate interests of citizens (health, personal integrity) or organizations, or the interests of society or the state protected by law.
Notarial activities in the Russian Federation are regulated by the Fundamentals of the legislation of the Russian Federation on notaries dated February 11, 1993 N 4462-1.
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Gazette of the SND and the Armed Forces of the Russian Federation. 1993. N 10. Art. 357.
According to Art. 1 of this Law, the notary in the Russian Federation is called upon to ensure, in accordance with the Constitution of the Russian Federation, the constitutions of the republics within the Russian Federation, the specified Fundamentals, the protection of the rights and legitimate interests of citizens and legal entities through the performance by notaries of notarial acts provided for by legislative acts on behalf of the Russian Federation. At the same time, notarial acts in the Russian Federation are performed in accordance with the Fundamentals by notaries working in a state notary office or engaged in private practice.
The powers of a notary include performing certain notarial actions in accordance with the procedure established by law. Total st. 35 of the above Law provides for eighteen types of notarial actions. In addition, notaries working in state notary offices perform notarial acts provided for in Art. 35 Fundamentals, and also issue certificates of the right to inheritance and take measures to protect inherited property. If there is no state notary office in the notarial district, the performance of these notarial actions is entrusted by a joint decision of the justice body and the notary chamber to one of the notaries engaged in private practice. A certificate of ownership in the event of the death of one of the spouses is issued by a state notary office, whose competence includes registration of inheritance rights. Thus, in the absence of a public notary in the notarial district, a private notary can perform twenty different types of notarial acts.
The procedure for the execution of their powers by notaries is determined by the Fundamentals of Legislation on Notaries, as well as orders and instructions of the Ministry of Justice of the Russian Federation and still in force orders of the Ministry of Justice of the RSFSR (in particular, the order approving instructions for office work). When performing notarial acts, a private notary must be guided by the legislation of the Russian Federation and its constituent entities.
Auditing activities are regulated by Federal Law of August 7, 2001 N 119-FZ “On Auditing Activities”.
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NW RF. 2001. N 33 (part I). Art. 3422.
According to Part 1 of Art. 1 of this Law, auditing activity, audit is a business activity for independent verification of accounting and financial (accounting) statements of organizations and individual entrepreneurs (audited entities). Part 3 of the same article defines the purpose of the audit, which is to express an opinion on the reliability of the financial (accounting) statements of the audited entities and the compliance of the accounting procedure with the legislation of the Russian Federation. Reliability is understood as the degree of accuracy of financial (accounting) reporting data, which allows the user of these reporting, based on its data, to draw correct conclusions about the results of economic activity, the financial and property status of the audited entities and make informed decisions based on these conclusions.
Thus, auditing activities are aimed at carrying out an independent verification of the audited entities, their creditors, investors, state and public interests.
The objective side of abuse of powers by private notaries and auditors includes:
1) act, i.e. use by a private notary or private auditor of their powers contrary to the objectives of their activities;
2) consequence, i.e. significant harm to the rights and legitimate interests of citizens or organizations or legally protected interests of society or the state;
3) the cause-and-effect relationship between the act and the consequence.
The use by a private notary of his powers contrary to the objectives of his activity consists in the commission of lawful actions within the framework of the rights granted (Article 15 of the Fundamentals) or beyond their limits, as well as actions committed in violation of duties (Article 16 of the Fundamentals). According to the provisions of these articles, the notary is obliged:
1) provide assistance to individuals and legal entities in the exercise of their rights and protection of legitimate interests, explain to them their rights and obligations, warn them about the consequences of performed notarial actions so that legal ignorance cannot be used to their detriment;
2) fulfill their duties in accordance with the above Fundamentals, the legislation of the republics within the Russian Federation and the oath;
3) keep secret information that became known to him in connection with the implementation of his professional activities. The court may release the notary from the obligation to maintain secrecy if a criminal case has been initiated against the notary in connection with the commission of a notarial act;
4) refuse to perform a notarial act if it does not comply with the legislation of the Russian Federation or international treaties;
5) in cases provided for by the legislative acts of the Russian Federation, is obliged to submit to the tax authority a certificate of the value of property passing into the ownership of citizens, necessary for calculating the tax on property transferred by inheritance or gift (for failure to fulfill this obligation, administrative liability is provided in accordance with Part 2 of Article 15.6 of the Code of Administrative Offenses of the Russian Federation).
The use by a private auditor of his powers contrary to the objectives of his activities is understood as the commission of a lawful or unlawful action in violation of the auditor’s duties specified in Art. 5 of the Federal Law “On Auditing Activities”. This rule provides for the following responsibilities:
1) carry out an audit in accordance with the legislation of the Russian Federation and the Federal Law “On Auditing Activities”;
2) provide, at the request of the audited entity, the necessary information about the requirements of the legislation of the Russian Federation relating to the conduct of an audit, as well as about the regulations of the Russian Federation on which the comments and conclusions of the audit organization or individual auditor are based;
3) within the period established by the contract for the provision of audit services, transfer the audit report to the audited entity and (or) the person who entered into the contract for the provision of audit services;
4) ensure the safety of documents received and compiled during the audit, not disclose their contents without the consent of the audited entity and (or) the person who entered into an agreement for the provision of audit services, except for cases provided for by the legislation of the Russian Federation;
5) fulfill other duties arising from the essence of the legal relationship determined by the contract for the provision of audit services and not contrary to the legislation of the Russian Federation.
In some cases, in practice, difficulties arise in qualifying the actions of private notaries and auditors in cases where they perform so-called related functions, deriving income from activities that cannot be recognized as notarial or auditing in the full sense of these concepts. So, in accordance with Art. 15 Fundamentally, a notary has the right to draw up drafts of transactions, statements and other documents. The auditor, in accordance with Art. 1 of the Law “On Auditing” can provide services related to auditing, for example, setting up, restoring and maintaining accounting records, drawing up financial (accounting) statements, accounting consulting; tax consulting; analysis of the financial and economic activities of organizations and individual entrepreneurs, economic and financial consulting; management consulting, including those related to the restructuring of organizations; legal advice, as well as representation in judicial and tax authorities in tax and customs disputes; conducting marketing research, etc.
It is difficult to classify such actions as actions directly constituting notarial and auditing activities. The services listed above are not the exclusive prerogative of private notaries and private auditors. Other persons, both individuals and legal entities, can engage in the same activities. However, these “related ancillary services” should not be qualified under Art. 202 of the Criminal Code of the Russian Federation.
The elements of abuse of power are constructed as material, therefore the crime will be completed from the moment of the onset of socially dangerous consequences, expressed in significant harm to the rights and legitimate interests of citizens or organizations or legally protected interests of society or the state. The concept of significant harm, as in relation to the elements of abuse of power (Article 201 of the Criminal Code of the Russian Federation), is evaluative, and the question of its existence is resolved in a similar way.
The subjective side of this crime is characterized by direct intent. With direct intent, a person, abusing his powers, realizes the socially dangerous nature of his action (inaction), foresees the onset of socially dangerous consequences and desires their occurrence. So, for example, a private auditor, having long-term ties with the bank, gives a fictitious positive opinion about its financial position, foresees that this opinion will attract new depositors to the bank and retain old ones, and wants this. Thus, the rights and legitimate interests of citizens and organizations that make incorrect financial decisions based on unreliable data are violated.
An obligatory element of the subjective side of the crime is the goal of extracting benefits and advantages for oneself or other persons or causing harm to other persons (see commentary to Article 201 of the Criminal Code of the Russian Federation).
The subject of the crime is a special one - a private notary or a private auditor. According to Art. 2 of the Fundamentals of Legislation on Notaries, a citizen of the Russian Federation who has a higher legal education, has completed an internship for a period of at least one year in a state notary office or with a notary engaged in private practice, and has passed a qualification exam, is appointed to the position of a notary in the Russian Federation in the manner established by the Fundamentals. having a license to act as a notary. According to Art. 3 of the Federal Law “On Auditing Activities”, an auditor is an individual who meets the qualification requirements established by the authorized federal body and has an auditor qualification certificate.
State notaries and state auditors are officials and are subject to liability for abuse of power under Art. 285 of the Criminal Code of the Russian Federation.
Part 2 Art. 202 of the Criminal Code of the Russian Federation establishes liability for a qualified crime - the commission of a crime against a knowingly minor or incompetent person.
Abuse of his powers by a private notary or auditor for the purpose of committing other crimes may, if there are grounds for this, require classification as a set of crimes. In particular, as noted in paragraph 24 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 18, 2004 N 23 “On judicial practice in cases of illegal entrepreneurship and legalization (laundering) of funds or other property acquired by criminal means”, the use by a notary of his official authority to certify a transaction that he knows is aimed at legalizing (laundering) funds or other property is qualified as aiding and abetting under Part 5 of Art. 33 of the Criminal Code of the Russian Federation and, accordingly, under Art. Art. 174 or 174.1 of the Criminal Code of the Russian Federation, and if there are grounds for this - under Art. 202 of the Criminal Code of the Russian Federation.
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Bulletin of the Supreme Court of the Russian Federation. 2005. N 1.
Federal Law of July 13, 2020 No. 202-FZ
RUSSIAN FEDERATION
THE FEDERAL LAW
On amendments to the 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” and certain legislative acts of the Russian Federation
Adopted by the State Duma on July 7, 2021
Approved by the Federation Council on July 8, 2021
Article 1
Amend the Federal Law of December 30, 2004 No. 214-FZ “On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation” (Collected Legislation of the Russian Federation, 2005, No. 1, Art. 40 ; 2006, No. 30, Art. 3287; 2009, No. 29, Art. 3584; 2010, No. 25, Art. 3070; 2011, No. 49, Art. 7015; 2012, No. 29, Art. 3998; No. 53, Art. 7643; 2014, No. 26, Art. 3377; 2015, No. 29, Art. 4362; 2021, No. 18, Art. 2515; No. 27, Art. 4237; 2017, No. 27, Art. 3938; No. 31, Art. 4767, 4816; 2021, No. 1, Art. 90; No. 28, Art. 4139; No. 53, Art. 8404; 2021, No. 26, Art. 3317) the following changes:
1) in paragraph 2 of part 4 of article 1 the words “a unitary non-profit organization in the organizational and legal form of a foundation, created in accordance with Federal Law No. 218-FZ of July 29, 2021 “On a public law company for the protection of the rights of citizens - participants in shared construction in case of insolvency (bankruptcy) of developers and on amendments to certain legislative acts of the Russian Federation,” replace with the words “public law company specified in Part 1 of Article 232 of this Federal Law”;
2) in paragraph five of paragraph 1 of Article 2 the words “a unitary non-profit organization in the organizational and legal form of a foundation, created in accordance with Federal Law No. 218-FZ of July 29, 2021 “On a public law company for the protection of the rights of citizens - participants in shared construction in case of insolvency (bankruptcy) of developers and on amendments to certain legislative acts of the Russian Federation,” replace with the words “public law company specified in Part 1 of Article 232 of this Federal Law”;
3) in part 2 of article 31:
a) in paragraph 2, replace the words “in paragraph 1” with the words “in paragraphs 1 and 4”;
b) paragraph 3 should be supplemented with the words “including as amended”;
c) paragraph 6 is declared invalid;
4) paragraph 4 of part 1 of Article 9 is declared invalid;
5) part 81 of article 13 should be stated as follows:
"81. Arising on the basis of this Federal Law in connection with the conclusion of an agreement for participation in shared construction or on the basis of an agreement with a bank in the cases provided for in parts 6 and 7 of this article, a pledge of a land plot owned by the developer, or a pledge of the right to lease or sublease a land plot, on in which an apartment building is located, built (created) with the involvement of funds from participants in shared construction, is terminated from the date of state cadastral registration of the specified apartment building. The provisions of this part apply only if the land plot is formed within the boundaries in which, in accordance with housing legislation, it becomes the property of the owners of premises in the specified apartment building after registration of ownership of such premises. The corresponding entry in the Unified State Register of Real Estate about the pledge in relation to this land plot is subject to repayment by the registration authority of rights without an application for repayment of this pledge simultaneously with the state cadastral registration of the specified apartment building, built (created) with the involvement of funds from participants in shared construction. When the registration authority sends an interdepartmental request in order to obtain information about the formation of a land plot within the boundaries specified in this part, the corresponding entry on the pledge is canceled in the Unified State Register of Real Estate within one working day from the date of receipt of the response to the sent interdepartmental request.”;
6) Article 154 is supplemented with part 61 as follows:
"61. Before the developer enters into an agreement with the first participant in shared construction, the project declaration must be placed by the developer in the unified housing construction information system using an enhanced qualified electronic signature by filling out the electronic form of the project declaration in the form provided for in Part 24 of Article 19 of this Federal Law. Amendments to the project declaration are carried out in the manner prescribed by Part 4 of Article 19 of this Federal Law.”;
7) in article 155:
a) in part 6, the words “and information from the Unified State Register of Real Estate confirming the state registration of ownership in relation to one shared construction object that is part of an apartment building and (or) other real estate” should be deleted;
b) in part 8, replace the words “Federal Law of December 29, 2006 No. 256-FZ “On additional measures of state support for families with children” with the words “part 81 of this article”;
c) add part 81 with the following content:
"81. If, when concluding an agreement for participation in shared construction, which was terminated on the grounds provided for in Part 7 of this article, or a credit agreement (loan agreement) concluded for settlements under such an agreement for participation in shared construction, funds (part of the funds) of maternal (family) capital were used , the authorized bank, on the basis of an application from a citizen participating in shared construction, sends to the Pension Fund of the Russian Federation and its territorial bodies a request provided for in Part 4 of Article 101 of the Federal Law of December 29, 2006 No. 256-FZ “On additional measures of state support for families with children.” The return of funds (part of the funds) of maternal (family) capital used for the purchase (construction) of residential premises under such an agreement is carried out in the manner prescribed by Federal Law No. 256-FZ of December 29, 2006 “On additional measures of state support for families with children ".";
Article 16 shall be supplemented with part 6 as follows:
"6. After the developer, in accordance with the rules provided for in Article 8 of this Federal Law, transfers a shared construction object to a participant in shared construction and registers such an object with the state cadastral register, the developer has the right to submit, without a power of attorney, to the rights registration authority an application for state registration of the ownership rights of a participant in shared construction for such an object and the transfer deed (another document on the transfer of a shared construction project) specified in paragraph 3 of part 11 of Article 48 of the Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate”. In this case:
1) the developer, after state registration of the ownership rights of a participant in shared construction for a shared construction object, is obliged to transfer to the owner the document issued in accordance with Part 1 of Article 28 of the Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate” in order to certify the state registration of the right ownership of a participant in shared construction of a shared construction object, an extract from the Unified State Register of Real Estate;
2) submission by a participant of shared construction of an application for state registration of ownership of a shared construction object is not required and this participant, after state registration of his ownership of a shared construction object, has the right to submit to the rights registration authority specified in paragraph 2 of part 11 of article 48 of the Federal Law dated 13 July 2015 No. 218-FZ “On State Registration of Real Estate”, an original copy of the agreement for participation in shared construction or an agreement on the assignment of rights of claims under the agreement for participation in shared construction in order to make a special registration inscription on it.”;
9) in article 18:
a) in part 1:
add paragraph 31 with the following content:
“31) preparation of design documentation and performance of engineering surveys for the construction and (or) reconstruction within the boundaries of the land plot, the owner of which is the developer, of the engineering and technical support networks necessary for connecting (technological connection) the apartment buildings specified in paragraph 1 of this part and ( or) other real estate objects to these engineering and technical support networks;”;
paragraph 9 shall be supplemented with the words “as well as preparation of design documentation and performance of engineering surveys for the construction and (or) reconstruction of these facilities”;
b) clause 3 of part 3 should be supplemented with the words “except for targeted loans provided by the developer to another developer in relation to which he is the main company”;
10) in article 19:
a) in part 22 the words “, as well as in case of violation by the developer on the date of sending the project declaration in accordance with Part 2 of Article 19 of this Federal Law by the developer and (or) its main company or a subsidiary of such main company of the deadline for commissioning an apartment building and (or) another real estate object, the construction (creation) of which is carried out with the involvement of funds from participants in shared construction, specified in the project declaration submitted for state registration of the agreement for participation in shared construction, concluded by the developer with the first participant in the shared construction of such real estate, for three or more months" exclude;
b) part 4 should be stated as follows:
"4. The developer is obliged to make changes to the project declaration using the unified housing construction information system regarding information about the developer and the construction project, the facts of changes to the project documentation, monthly no later than the 10th day of the month following the reporting month. Amendments to the project declaration are not required after information on the commissioning of all apartment buildings and (or) other real estate objects envisaged by the construction project is posted in the unified housing construction information system. If a construction project involves the construction of several apartment buildings and (or) other real estate objects, after posting information about the commissioning of an apartment building and (or) other real estate object in the unified housing construction information system, no changes are required to the project declaration on the commissioned object .";
c) parts 41 and 5 are declared invalid;
d) in part 6, the words “specified in parts 4 and 5 of this article, within five working days from the date of amendments to the project declaration are subject to placement by the developer in the unified housing construction information system and” are replaced with the word “subject to”;
11) in part 1 of article 20:
a) paragraph 3 after the words “ultimately” is supplemented with the words “directly or”;
b) in subparagraph “a” of paragraph 32, replace the words “citizenship and place of residence” with the words “insurance number of an individual personal account in the compulsory pension insurance system, taxpayer identification number (if such a number is available), citizenship”;
12) in part 1 of article 21:
a) paragraph 1 should be supplemented with the words “about the general contractor performing work in accordance with the construction contract concluded with the developer”;
b) paragraph 4 should be supplemented with the words “and the maximum parameters of permitted construction”;
c) in paragraph 5, delete the word “main”;
d) in paragraph 7, the words “main characteristics (except for the area of rooms, premises for auxiliary use, loggias, verandas, balconies, terraces in residential premises)” shall be replaced with the word “characteristics”, after the word “parts” shall be supplemented with the words “living premises and”;
e) add paragraph 91 with the following content:
“91) on the deadline for the developer to transfer the shared construction project to the shared construction participant in accordance with Article 6 of this Federal Law;”;
f) paragraph 111 should be stated as follows:
“111) about the target credit (targeted loan), including information that allows identifying the lender, the amount of the credit (loan) in accordance with the terms of the credit (loan) agreement, the amount of debt under the credit (loan) agreement as of the last reporting date and the unused balance of the credit (loan) as of the specified date, the deadline for fulfilling the borrower’s obligations in full in accordance with the credit (loan) agreement;”;
13) in article 211:
a) in Part 3, the words “and funds provided by such a public law company in accordance with Part 4 of Article 12 of the said Federal Law” should be deleted;
b) Part 5 should be supplemented with the following sentence: “The authorized federal executive body specified in Part 1 of Article 23 of this Federal Law has the right to establish mandatory qualification requirements for procurement participants related to the supply of goods, performance of work or provision of services necessary for the completion of construction an unfinished construction facility or an infrastructure facility, the rights to which have been transferred in the manner provided for in Articles 20115-1 - 20115-2-1 of the Federal Law of October 26, 2002 No. 127-FZ “On Insolvency (Bankruptcy).”;
c) in Part 8, the words “in relation to the non-profit organization of the Fund by Articles 92 - 94 of the said Federal Law” should be replaced with the words “by Articles 92 - 94 of the said Federal Law in relation to the public law company specified in Part 1 of Article 232 of this Federal Law”;
14) Article 212 shall be supplemented with part 6 as follows:
"6. The provisions of this article are applied when the Fund of a constituent entity of the Russian Federation is fulfilled by construction participants who have requirements for the transfer of residential premises, parking spaces, as well as non-residential premises defined by subparagraph 31 of paragraph 1 of Article 2011 of the Federal Law of October 26, 2002 No. 127-FZ “On insolvency (bankruptcy)", the obligations of the developer, which were transferred to the Fund of the constituent entity of the Russian Federation in the manner established by Articles 20115-1 and 20115-2 of the said Federal Law.";
15) in article 231:
a) in Part 11, the words “(hereinafter referred to as problem objects)” shall be replaced with the words “if in the event of bankruptcy of a developer, the rules of paragraph 7 of Chapter IX of the said Federal Law (hereinafter referred to as problem objects)” are applied;
b) add part 13 with the following content:
"13. When forming a unified register of problem objects, a unified information system for housing construction should provide the ability to categorize problem objects based on:
1) the presence or absence of agreements for participation in shared construction concluded in relation to problematic objects;
2) the existence of an arbitration court ruling on the transfer of an unfinished construction project to a housing construction cooperative or other specialized consumer cooperative or an arbitration court ruling on the transfer of property and obligations of the developer to the acquirer, made in accordance with Articles 20110 and 20115-1 of the Federal Law of October 26, 2002 No. 127-FZ “On Insolvency (Bankruptcy)”;
3) classifying the problem object as a capital construction project for residential purposes in accordance with the construction permit.”;
c) add part 14 with the following content:
"14. The basis for excluding problematic objects from the unified register of problematic objects is:
1) putting the relevant facility into operation;
2) issuance of a ruling by the arbitration court on the transfer to the Fund of the rights of the developer to the land plot with the unfinished construction object (objects) located on it, inseparable improvements in accordance with paragraph 20 of Article 20115-2-2 of the Federal Law of October 26, 2002 No. 127-FZ “ On insolvency (bankruptcy)" if the Fund makes a decision to finance the payment of compensation in accordance with Article 13 of the Federal Law of July 29, 2017 No. 218-FZ "On a public law company for the protection of the rights of citizens - participants in shared construction in the event of insolvency (bankruptcy) developers and on amendments to certain legislative acts of the Russian Federation.";
16) in article 233:
a) in Part 1, the words “related to housing construction” should be replaced with the words “provided for by the legislation of the Russian Federation”;
b) part 31 after the words “for the implementation of state construction supervision,” add the words “local government bodies,”;
c) paragraph 1 of part 6 after the word “carried out” should be supplemented with the word “(carried out)”;
17) in article 234:
a) Part 1 after the word “cooperatives” is supplemented with the words “Fund of a constituent entity of the Russian Federation”;
b) add part 61 with the following content:
"61. Prosecutor's offices have access to the information they need to carry out prosecutorial supervision in the manner established by the Government of the Russian Federation."
Article 2
Clause 11 of Article 25 of the Federal Law of July 16, 1998 No. 102-FZ “On Mortgage (Pledge of Real Estate)” (Collected Legislation of the Russian Federation, 1998, No. 29, Art. 3400; 2008, No. 52, Art. 6219; 2010, No. 25, Art. 3070; 2011, No. 50, Art. 7347; 2013, No. 19, Art. 2328; 2015, No. 14, Art. 2022; No. 41, Art. 5640; 2021, No. 27, Art. 4294; 2021 , No. 48, Article 7052) shall be stated as follows:
"eleven. The registration record of a mortgage that arose by virtue of the 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” is canceled by the rights registration authority within five working days based on the application of the developer and presentation by them permission to put an object into operation, issued in accordance with the legislation on urban planning activities, in terms of the mortgage of an apartment building under construction (created) and (or) other real estate or an object of unfinished construction, and in terms of the mortgage of a shared construction object, also on the basis of a document confirming transfer of a shared construction project to a participant in shared construction, including a transfer deed, another document on the transfer of a shared construction project or a unilateral act on the transfer of a shared construction project drawn up in accordance with Part 6 of Article 8 of the said Federal Law.
Registration entry in the Unified State Register of Real Estate about a pledge that arose by virtue of Article 13 of the 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” in relation to a land plot owned by the developer by right property, or a pledge of the right to lease or sublease a land plot on which an apartment building is located, built (created) with the involvement of funds from participants in shared construction, is repaid by the rights registration authority without an application for repayment of such a pledge simultaneously with the state cadastral registration of this apartment building. The provisions of this paragraph apply only if the land plot is formed within the boundaries within which, in accordance with housing legislation, it becomes the property of the owners of the premises in this apartment building.”
Article 3
In subparagraph 31 of paragraph 2 of Article 396 of the Land Code of the Russian Federation
Judicial practice under Article 202 of the Criminal Code of the Russian Federation
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated September 14, 2018 N 4-APU18-28SP
- under Part 2 of Art. 202 of the Criminal Code of the Russian Federation for 2 years of imprisonment with deprivation of the right to engage in notarial activities for a period of 2 years 6 months. In accordance with Part 3 of Art. of the Criminal Code of the Russian Federation for a set of crimes by partial addition of punishments, finally for 5 years 6 months of imprisonment to be served in a general regime correctional colony, with a fine of 400,000 rubles, with deprivation of the right to engage in notarial activities for 2 years 6 months, with restriction of freedom for 9 months, with the establishment of restrictions in the form of a ban on changing one’s place of residence without the consent of the criminal-executive inspection, as well as traveling outside the municipality in which the place of permanent residence is located, without the consent of the criminal-executive inspection, with the imposition of an obligation to appear once a month for registration with the criminal-executive inspection at the place of residence.
Resolution of the Supreme Court of the Russian Federation dated August 16, 2017 N 81-UD17-4
convicted under Part 1 of Art. 202 of the Criminal Code of the Russian Federation to a fine of 150,000 (one hundred and fifty thousand) rubles to the state, with exemption from the imposed punishment due to the expiration of the statute of limitations for criminal prosecution. It was decided to recover from Radyakina O.I. in favor of P. in compensation for moral damage 30,000 (thirty thousand rubles) and recognize for P., as a civil plaintiff, the right to satisfy a civil claim for compensation for property damage caused by a crime in civil proceedings.
Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 29, 2021 N 21
In order to ensure uniform application by courts of legislation on criminal liability for crimes against the interests of service in commercial and other organizations, provided for in Articles 201, 201.1, 202, 203 of the Criminal Code of the Russian Federation, the Plenum of the Supreme Court of the Russian Federation, guided by Article 126 of the Constitution of the Russian Federation, Articles 2 and 5 of the Federal Constitutional Law of February 5, 2014 N 3-FKZ “On the Supreme Court of the Russian Federation”, decides to give the following clarifications to the courts:
