Government resolution on defrauded shareholders. Sergei Sobyanin explained how defrauded shareholders will receive their apartments

There are more and more problematic new buildings in the country. The other day, the Russian government announced frightening figures: over the six months of 2018-2019, more than 400 criminal cases were initiated in Russia based on statements from defrauded investors in the construction of multi-apartment housing. If you are faced with a loss of money on problematic new buildings, you urgently need to figure out how to get into the register of defrauded shareholders in the country and your region. Perhaps these actions will allow the authorities to see the real picture of what is happening and get involved in solving your problem.

Basis of the law

Important! Please keep in mind that:

• Each case is unique and individual.
• A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the options offered:

Let's figure out how to join the register of defrauded shareholders. First of all, you need to understand what a defrauded shareholder is, what laws govern this status and what this means for the investor himself. To clarify the details, you need to study Federal Law No. 214 “On shared participation in the construction of multi-apartment housing.” In addition, there is an order of the Ministry of Construction of Russia No. 560, which fully regulates all criteria for classifying citizens as victims when investing money in the construction of multi-apartment housing.

Construction period

Article No. 6 of Federal Law-214 contains information about the requirements for the developer regarding the timing of the transfer of apartments to the shareholder who has invested in multi-apartment construction. In particular, we are talking about the fact that this period must be indicated in. The apartment must be transferred no later than this period.

In addition, part two of this article states that if the developer violates the terms of the deadline, he will have to pay a penalty to the shareholder - it is calculated as a penalty for objects of shared participation in construction. To put it simply, a citizen has the right to a penalty in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation on the day of execution of the contract.

Other criteria for long-term construction

From the order of the Ministry of Construction of the Russian Federation No. 560, you can glean several more requirements for a new building, the shareholders of which can be included in a special register of injured investors in shared construction, or defrauded shareholders.

• The developer has not been able to transfer the apartment to the shareholder for more than nine months. You need to understand the difference between this period and the term. So, if you have not received an apartment within two months from the date specified in the share participation agreement, you can already go to court. Litigation with the developer will not be an obstacle to including you in the register of defrauded shareholders
• There is a decision by federal or regional authorities to suspend construction. As a result of this decision, construction has not been carried out for nine or more months
• Work was suspended due to problems with construction permits or lack of rights to the land plot on which construction is being carried out. Also the basis is the absence of a new building permit or a new land lease agreement after the expiration of old documents within three months
• There is an expert opinion that technological processes and GOST construction standards are being violated
• The constructed object does not correspond to what was stated in the project declaration and the share participation agreement - here, rather, inclusion in the register is carried out not directly, but indirectly. You first . And then, on the basis of a court decision recognizing you as a victim, strive to get into the register of defrauded shareholders.
• There is the easiest way to get into the register of defrauded shareholders. As soon as the developer is declared bankrupt, you can submit an application to the necessary authorities.
• The developer was found guilty of fraudulent activities. Here we are talking about the so-called “double sales” - when the developer sells the right to the same apartment to different persons.

Grounds for refusal

The Ministry of Construction clearly spelled out all the requirements for those wishing to join the ranks of defrauded shareholders. There is no actual answer on how to join the register of defrauded shareholders in the following situations:

• The equity participation agreement was recognized as illegitimate and concluded in violation of the law
• The shareholder was unable to provide all the necessary papers and documents
• The documents provided by the equity holder are damaged
• The developer has fulfilled all clauses of the contract to the shareholder
• Money was raised in violation of the Federal Law - the most common reason for refusal. In particular, here we are talking about payment not for an equity participation agreement, but for a preliminary agreement to conclude a DDU in the future, or a bill of exchange agreement
• Nationals of other states are prohibited from joining the register of defrauded shareholders

The meaning of joining the register

In fact, the register of defrauded shareholders is an official document that lists persons who have suffered from developers. It is difficult to immediately say what benefits inclusion in the register of defrauded shareholders will give you - because the support depends on the specific situation.

So, you can get an apartment from the support fund of regional authorities. Or deputies and governments at the local level will understand that there are quite a lot of defrauded shareholders in your property, so it is easier to complete the house itself than to deal with each of the defrauded investors. There are other options for help:

• The authorities may offer you to organize a housing cooperative - this will be easier to do if all shareholders are in the register and it will immediately be clear how much money is needed to complete the construction of your house.
• Some regional law may work. Thus, in the Saratov and Samara regions there is already a special regional resolution in force, according to which the problems of defrauded shareholders are solved by allocating land to bona fide developers in order to complete the construction of a problematic house.

Including you as an individual in the register of defrauded shareholders means support from both local and federal authorities. Don't neglect this opportunity.

What does joining the register of defrauded shareholders provide, besides a simple certificate? As we have decided, this is the support of the authorities in the first place. But this is also recognition of you as a victim - and this, among other things, will help in a legal battle with the developer, if he is still not bankrupt.

Procedure

Let's figure out what exactly needs to be done to get into the register of defrauded shareholders, for example, in Ufa. First, you need to understand where to go. The issues of defrauded shareholders are mainly dealt with by regional authorities. The exception is Moscow; read more about the capital below. The general algorithm is quite simple. You need to collect the necessary documents, fulfill all legal requirements for these documents and submit an application. Let's take a closer look at how to do everything right.

List of required documents

To obtain the necessary status, you will have to collect documents for the register of defrauded shareholders. This is a list of papers that generally does not differ from region to region. But just in case, read the relevant sections of our article below - in case it is in your region that the relevant departments require additional documents.

There are several requirements that your documents must meet:

• Each page of a document that has more than one page must have a number. Don’t forget to staple all the documents, especially the share participation agreement – ​​if a necessary page gets lost, it will be very disappointing.
• There must be no damage or blots, otherwise the document is invalid

Statement

To write an application for inclusion in the register of defrauded shareholders, an individual needs to carefully study the proposed one. It is determined by the rules of the order of the Ministry of Construction of the Russian Federation, so deviation from it is fraught with a refusal to include you in the register of defrauded shareholders.

• The application must be submitted in person. If you plan to entrust this process to someone else, you will have to take care of a general power of attorney in writing, under which the other person can conduct business. Notarization is required.
• In addition, the application can be sent by mail, but then it is necessary to notarize each page of not only the application, but also all documents attached to it. This is a very expensive pleasure.
• Indicate in the application all the data from the equity participation agreement - its number, the date of conclusion, the price of the agreement.
• List all the documents you are attaching to your application. Write the number of sheets in each document

The application will be considered within 20 days.

Register of various subjects of the Russian Federation

The essence of the register of defrauded shareholders is the same everywhere - it is a list of citizens who suffered from unscrupulous developers. It may be called differently in different regions, but it is most likely run by the ministry of your constituent entity of the Russian Federation. Requirements for inclusion in the register are not strictly regulated by law. In any case, you will need a share participation agreement or an agreement to join a housing cooperative. You need your passport information and any confirmation that you have fully paid under the agreement with the developer. If you have a mortgage loan, then a certificate from the bank stating that the money has been transferred in full to the developer.

Moscow region and Moscow region

In order for you to be recognized as victims of unscrupulous builders in the Moscow region and in general in the Moscow region, you will have to start interacting with the Ministry of Construction Complex of the Moscow Region. The register of defrauded shareholders in the Moscow region in 2019 is not kept in open form, but this is true - there is no violation of the law on personal data. To join the register, you need to download a sample application for inclusion in the Register of citizens affected by shared-equity construction, fill it out according to the template and go with it to the ministry building. The procedure for accepting applications is simple:

• Collect the necessary documents - a copy of the DDU, the original DDU, certificates stating that you have paid the developer
• Fill out the application
• At the same time, take with you the original and copies of your passport
• On the ministry’s website you will find out the current reception hours and go to the officials.

After considering the application, if everything is done correctly, you are included in the register of defrauded shareholders. The list of required documents sometimes changes, just like the admission procedure, so before starting active actions, study the current information on the special page of the ministry - the link to the site is given above.

Moscow

The register of defrauded shareholders in Moscow in 2019 is being formed with the help of the official department “Complex of Urban Planning Policy and Construction of Moscow”. This department has certain requirements for all documents that must be submitted along with an application for inclusion in the register of defrauded shareholders.

• If the document has more than one sheet, then you need to number it and stitch it, sign each sheet, and at the end indicate the number of sheets. Certify this number with your signature with a transcript of your last name and initials.
• You need to list in the application all the details of all the documents that you attach to the application
• When submitting your application, you provide both originals and copies of all documents
• The documents and application must not be damaged so that the contents cannot be clearly read
• If you submit documents by mail, you will have to go to a notary and have each of them certified.
• The application must be written according to the sample. The application template is available on our website.

You cannot count on joining the register of defrauded shareholders if you do not comply with the filing requirements.

Rostov

The register of defrauded shareholders in Rostov-on-Don has been actively declining in recent years. The regional Ministry of Construction is actively involved in problematic new buildings, including those that were built before 2010. Thus, according to local authorities, by the end of the year the city will allocate more than 100 million rubles for the completion of problematic new buildings. If you are a defrauded shareholder from the Rostov region, quickly write an application to be included in the list of defrauded shareholders; perhaps you will have the long-awaited apartment at the end of this year.

Leningrad region

According to the latest data, there are now about 35 problematic new buildings in the Leningrad region. An application for inclusion in the register of defrauded shareholders of the Leningrad Region will have to be written to the chairman of the committee of state construction supervision and state examination of the region. The process of including a shareholder in a special list is quite quick. Officials are loyal to the task of creating a list of citizens affected by the construction of apartment buildings.

Total

The register of deceived citizens, which is formed by the Ministry of Construction, is still far from a proven mechanism. New rules for inclusion in it came into effect only in mid-2018. Therefore, the best thing for the defrauded shareholder now would be to try to add his name to the problem list. Perhaps the process of getting an apartment will go faster.

Lawyer at the Legal Defense Board. Specializes in handling cases related to appealing illegal actions of officials, housing disputes, and collecting penalties from developers. Extensive experience in working under 214 Federal Laws.

On January 26, the State Duma held a round table on the topic: “The problem of defrauded shareholders: measures to restore the rule of law, progress in implementing the instructions of the President of the Russian Federation.” The event was attended by coordinators of the Social Movement of Shareholders of Russia from 27 regions of the country. The meeting was organized by the Communist Party faction in the State Duma, and its moderator was State Duma deputy Valery Rashkin.

The governor of the Kirov region Igor Vasiliev, the deputy governors of the Vologda and Chelyabinsk regions Vitaly Tushinov and Sergey Shal, heads of control departments, including state construction supervision, gave a personal response to the citizens. A number of heads of regions, such as Volgograd, Leningrad, Saratov, Tomsk, Lipetsk, Yaroslavl, Penza and Amur regions, Perm and Krasnoyarsk territories, pointedly ignored communication with their shareholders. However, at the same time, in these regions, the authorities showed that they “received the signal” by promptly organizing “on the ground” public hearings and meetings of working groups with the participation of deceived citizens.

Comfortable chairs at the round table were occupied by representatives of AHML, the Ministry of Internal Affairs, the Investigative Committee, Rosfinmonitoring, the Ministry of Economic Development, Rosreestr, the Federal Bailiff Service and the Federal Property Management Agency. True, many of them preferred to remain silent and began to speak only after the meeting moderator Valery Rashkin “forced” them to dialogue. After the speech of each of the regional coordinators, officials spoke. It was at these moments, under the transcript, that they gave out generous promises to take measures to solve the problem of shareholders in their region or region.

The main demand of the meeting participants was the adoption of a federal target program for completing the construction of all 935 long-term construction projects in the country by the end of 2019. The sources of its financing can be both budgetary and extra-budgetary. How and at whose expense their issue will be “closed” is not so important for the affected citizens. The main thing is to find an effective solution.

Local officials came out in support of the federal approach proposed by shareholders to solving the problem in the field of shared-equity construction, and thereby became open opponents of the point of view held by Deputy Chairman of the Government of the Russian Federation Igor Shuvalov. Let us recall that on March 31, 2017, at a meeting of the board of the Ministry of Construction of the Russian Federation, the Deputy Prime Minister said that the federal center does not have the funds to resolve the accumulated problems, and regional authorities who are in direct contact with developers and issued them construction permits should be responsible for the defrauded shareholders of past years. “If they allow people who deceive, it means there is something unclean there,” Shuvalov noted then.

Speaking at the round table, Deputy Chairman of the Government of the Omsk Region Sergei Frolov openly stated that “without federal funding we will not complete the construction of the house. We, the regions, will not raise this money. Let's budget three billion in the second half of the year, and another six next year. And the topic is closed."

We must say clearly and clearly: there are 214 Federal Laws. So make it work. Shareholders suffered only because this law does not work. This is already clear, like two and two are four. Over the course of 14 years, people have been scattered across the country in countless numbers. Thank God, all of those who ruled and adopted this law are alive. Was the law passed? Does not work? So, punish the one who adopted and signed this law. Make those amendments that will work, and shareholders will cease to be bargaining chips in political games. To say that the region is to blame is, to put it mildly, incorrect. The law was adopted at the federal level. And there is no need to look for a “scapegoat” in the person of the municipality or the region, - this position was outlined by the deputy head of the Sochi city administration, Ivan Bomberger.

An important issue discussed at the event was the implementation by regional control bodies of schedules (“road maps”), which set out the mechanism for completing each of the problematic construction projects. Unfortunately, even for those long-term construction projects for which such “road maps” have been drawn up, their content is often of a formal nature. As a rule, they do not have clear and transparent decisions, and they create schedules simply to report to the federal ministry. According to the Social Movement of Shareholders of Russia, 56% of the country’s frozen construction projects, in principle, do not have “road maps”, and about a third of the objects have not even received the status of problematic ones. And if so, then there is no need to find any solutions for them. 45% of developed schedules regularly miss the deadlines for completing the activities included in them. There have been anecdotal cases where, for example, officials from Adygea indicate in their schedules that the final result of their work is not the receipt of apartments by citizens, but the “relief of social tension.” It turns out that this is why this huge army of leaders exists... Human problems themselves are not interesting to them.

Aleksey Timofeev, a shareholder from the Vologda region, used a good image when talking about schedules, calling the “road map” a sweet pill for the shareholder and an excuse for Moscow.

A roadmap can be effectively drawn up so that it works only if the developer or investor intends to complete the construction of this facility. We now have a large number of criminal cases filed against developers who have committed crimes. And some construction projects stopped because the developer simply “closed down.” In these cases, it is impossible for an investor to enter the facility within the framework of current legislation,” noted Pavel Koshkin, deputy head of the department for supervision in the construction sector of the Krasnodar Territory Administration.

Moreover, an official from Krasnodar openly spoke out in favor of using the compensation fund to solve the problems of current facilities. With this statement, he received applause from the audience. Pavel Koshkin’s argument was as follows: now the fund’s money is frozen for at least the next two years, since before this period a problematic situation with new objects is simply impossible. And people need help now.

There are also issues with the provision of compensatory land plots in a number of regions. Pavel Koshkin noted that the norms of Federal Law 214 contradict the norms of the law on investment activities. This is a serious obstacle. At the same time, many representatives of regional authorities complained in their speeches that there are no liquid compensation plots in their territories and regions. AHML often resists giving away tasty pieces of land. Kaliningrad shareholders, among others, paid attention to this. The required plot is right next to the construction site fence, but the “golden” land is located along the federal highway. The Plutnik department does not want to part with her.

None of the country's long-term construction projects has completed construction and financial expertise. Neither the federal nor, especially, the regional authorities know the exact amount needed to once and for all “close” the problem of defrauded shareholders.

The concept of “preferences” is opaque for construction market players. When entering frozen properties, developers and sanatoriums do not know what they will ultimately get and whether the bureaucratic fraternity will suddenly change the informal rules of the game.

I think it is important to define at the legislative level the principle of forming “road maps” for problem objects, the mechanism for their control and the procedure for the responsibility of officials. Initiative groups of shareholders should be involved in drawing up schedules. But control over execution must be entrusted to the Ministry of Internal Affairs and the Prosecutor's Office. When an official understands that he is being supervised by a prosecutor and, if anything happens, will be held accountable, his degree of consciousness will obviously increase.

Evgeniy Kurbalov, a shareholder in the New Scandinavia residential complex from St. Petersburg, directly stated that “road maps” exist only for the reporting of regional authorities to the federal authorities. In the city, communication between representatives of initiative groups and officials has been lost. It is necessary to develop a mechanism for local managers to report to shareholders.

According to the coordinator of the Social Movement of Shareholders of Russia in the Moscow Region, Yulia Petrukhina, “today there is a certain reluctance among law enforcement agencies to reveal criminal schemes. The time frame for investigating criminal cases is constantly being delayed. This was confirmed by 47% of representatives of 416 surveyed objects. Shareholders in their statements write about affiliated campaigns of the developer, about real beneficiaries, about the withdrawal of funds and deliberate bankruptcy. 60% of long-term construction projects are in the bankruptcy stage. However, sentences for crimes in the field of shared-equity construction have been reduced to five years.”

An injured construction participant from the Pskov region, Irina Kirillova, spoke about a widespread scheme in the region for purchasing housing not from a developer, but from a contractor. The largest developer of the Pskov region, GC LUG, whose owner is Yan Luzin, the former head of the Pskov administration, now a deputy of the regional assembly, constantly appears in this scheme. His father is a former FSB officer. “Suddenly” the businessman terminated the contracts with the contractor, and people lost their apartments. Citizens appealed to all authorities at the local level, but received no support. Only access to the federal level gave a “magic kick” to regional authorities. Through the mediation of then Governor Andrei Turchak, a tripartite agreement was concluded between the administration of the Pskov region, the developer and the contractor, which determined the mechanism for breaking the impasse. However, after Turchak moved to Moscow, all agreements were canceled. The situation is critical. The criminal case is effectively frozen. People are afraid to take this problem outside the region.

The speeches of some government officials seemed paradoxical. Thus, the governor of the Kirov region, Igor Vasiliev, suddenly started talking about the fact that “interaction with shareholders should be a two-way street” and called on them to dialogue. It is significant that for some reason he did not listen to the speech of the shareholders of his region and left the meeting an hour after it began. This is how “two-way traffic” turned out. It is also curious that Igor Vasiliev appeared in the State Duma immediately after mass appeals from affected citizens to the regional government expressing no confidence in the head of the region. Speaking in his speech only about 192 defrauded shareholders, the governor for some reason “forgot” that there are as many as fifty problem objects on the territory of the Kirov region. Only eight are officially recognized as such. However, this is not surprising: the real figures on the number of affected shareholders and the number of frozen construction projects in each of the constituent entities of the Russian Federation, as a rule, are underestimated by two to 10 times.

We shouldn't wait for mercy. We have the right to demand, not to ask. And we shouldn’t praise the regional authorities for fulfilling their direct responsibilities either,” Yana Vashanova, a shareholder of the Raduzhny residential complex from the Leningrad region, said in her speech.

Deputy Minister of Construction and Housing and Communal Services of the Russian Federation Nikita Stasishin, who promised to be at the event, “unexpectedly” and “on time” flew to Izhevsk for a meeting with the Presidential Envoy to the Volga Federal District Mikhail Babich. When asked whether he could entrust the presence at the round table to his subordinates, for example, the head of the Housing Policy Department Olga Kornienko, there was no answer. Apparently, officials from the relevant ministry simply do not need a direct and honest conversation with shareholders, who represent a third of the country’s regions. Isn't it time for these people to think about their suitability for their position?

It is obvious to shareholders that the current leadership of the Ministry of Construction is simply engaged in self-promotion, creating crude and unfinished “information systems” and cutting ribbons in front of long-built houses, but without offering truly effective and ready-made solutions in the field of shared-equity construction. As you know, “a fish rots from the head.” Maybe it makes sense to offer the country’s leadership your list of candidates for the post of head of the relevant ministry? Obviously, it should include professionals who can solve long-standing social problems in the construction field.

The head of the State Duma working group on solving the problems of participants in shared construction, deputy from United Russia Nikolai Nikolaev, also did not have time to communicate with almost a hundred leaders of initiative groups of shareholders from all over the country. He sent a “polite refusal” to the organizers, in which he actively praised himself and his achievements. As they say, you can’t praise yourself...

As Yulia Petrukhina aptly notes, “the entire state machine is aimed at creating the illusion of work. Instead of discussing the timing of handing over the keys to defrauded shareholders, they report to the President how many road maps have been prepared and how many objects have been mapped. But they don’t report how many objects do not have problematic status, how many deadlines on road maps have been missed.”

The resolution adopted as a result of the round table contains a number of fundamental demands, including

• determine the financial responsibility of the Russian Federation as a state to participants in shared construction in the form of state financing (co-financing) of developers-sanatoriums.
• Introduce a workable mechanism for the rehabilitation of construction companies that, for one reason or another, have not fulfilled their obligations to citizens, by analogy with the rehabilitation mechanism widely used in the banking sector.
• As a component of such a scheme, it is proposed to consider the issue of creating a specialized (private)-state developer, one of whose functions will be to complete the construction of existing problem projects on the market at the expense of budgetary and extra-budgetary funds.
• Regional executive authorities must ensure the creation of a final list (pool) of developers and sanatoriums, the participants of which will undertake obligations to complete problem facilities in each region of the country.

Igor Assanov,

coordinator for the North-West region

Social movement of shareholders of Russia

Moscow Mayor Sergei Sobyanin spoke about the current situation and new steps of the Moscow government to solve the problem of defrauded shareholders. Information about this appeared on the personal website of the Moscow mayor, as well as on his official microblog in Twitter.

Almost every post of mine contains appeals from defrauded investors. Legally, the city is not responsible for dishonest developers. But we understand: this is a cry from people for help. I tried to briefly and clearly describe our actions to solve the problem,” the publication says.

Almost every post of mine contains appeals from defrauded investors. Legally, the city is not responsible for dishonest developers. But we understand: this is a cry from people for help. I tried to briefly and clearly describe our actions to solve the problem: https://t.co/aQj7h6jrnZ

— Sergei Sobyanin (@MosSobyanin) February 7, 2018

Thanks to the assistance of the city authorities, since 2011, over 11 thousand defrauded shareholders have already received their apartments. It was extremely difficult to do this, the Moscow mayor emphasized.

At the moment, there are at least 30 problem objects in the capital, which are divided into 4 groups: objects for which decisions have been made, objects under construction, problem objects, and a special situation.

OBJECTS ON WHICH DECISIONS WERE MADE

Solutions to restore the rights of affected citizens are being implemented at 8 addresses.

List of these objects:

Rublevskoe highway, house 18, building 3
- Polyarnaya Street, building 34, building 3
- Volgogradsky Avenue, property 143–145
- Dmitrievskogo Street, building 9
- District South Tushino, microdistrict 11
- People's Militia Street, property 33
- General Glagolev Street, property 17–19
- Menzhinsky Street, building 19, building 1 and building 20, building 1

OBJECTS UNDER CONSTRUCTION

There are 14 of these objects in total. In cases where the previous investors were unable to continue to implement the project, the city found a replacement for them in the person of new developers. Construction work has already resumed at half the addresses.

For the remaining seven facilities, the dates for the resumption and completion of construction have been determined.

The task of the Moscow government is to interact with new developers and monitor their fulfillment of obligations. It is important to ensure that all deceived citizens receive their apartments, noted Sergei Sobyanin.

Objects in construction:

Mytnaya Street, property 40–44
- Nagatino-Sadovniki, microdistrict 1, building 29b
- Troitsk, Tekstilshchikov street, property E-42
- New Cheryomushki, block 10c, building 8
- Settlement Pervomaiskoye, near the village of Ivanovskoye
- Settlement Filimonkovskoe, village Maryino
- Settlement Filimonkovskoye, OJSC "Maryinskaya Poultry Farm", site No. XV-1

It is planned to complete:

Bochkova street, property 11a
- Settlement Voskresenskoye
- Balaklava Avenue, building 2abv
- Kashirskoe highway, property 74 building 1 buildings 2, 3, 4, 5
- Kastanaevskaya Street, property 68
- 3rd Cherepkovskaya Street, property 15a
- Zelenograd, microdistrict 9, bldg. 901a

For objective reasons, it is impossible to attract new investors to work on these objects, since this process will take many years

PHOTO: Personal website of Sergei Sobyanin

PROBLEM OBJECTS

This list includes 10 housing complexes.

Based on the results of the analysis of the situation with each of the objects, it was decided to continue the search for new investor-developers at 7 out of 10 addresses. Experts say that solving this problem is possible, although not easy.

Novogireevskaya street, property 5 (residential complex "Terletsky Park"). Construction readiness: 20 percent;
- Malygina Street, property 12. Construction readiness: 80 percent;
- Kokoshkino settlement, Truda Street, position No. 8 according to the General Plan. Construction readiness: 40 percent;
- 6th Radialnaya Street, property 7 (residential complex “Tsaritsyno”). Construction readiness: 30 percent;
- Shcherbinka, Mostotrest street, property 7; st. Lublinskaya. Construction readiness: construction and installation works have not begun;
- Settlement Mikhailovo-Yartsevskoe, village Shishkin Les. Construction readiness: 40 percent;
- Troitsk, Tekstilshchikov street, property E-39. Construction readiness: 30 percent;
- Marushkinskoye village, houses 1,2,3,4. Construction readiness: 50 percent;
- Vernadsky Avenue, property 78 (residential complex "Academ Palace"). Construction readiness: 50 percent;
- Shcherbinka, Ovrazhnaya street, possessions 3, 8. Construction readiness: 60 percent.

After analyzing the situation of each object, it was decided to continue the search for new investor-developers at 7 out of 10 addresses

PHOTO: Personal website of Sergei Sobyanin

SPECIAL SITUATION

This item includes objects that are in the most difficult situation, namely the Tsaritsyno residential complex, Academ Palace and Terletsky Park.

For objective reasons, it is impossible to attract new investors to work on these objects, since this process will take many years.

For example, in the Tsaritsyno residential complex, the former investor refuses any forms of constructive cooperation with the Moscow Government. The new investor, Promsvyazbank, which seemed to promise to take on the problems of the long-suffering residential complex, is now solving its own problems. Each of these residential complexes has a long trail of criminal cases, blatant abuses and management errors have been identified,” said Sergei Sobyanin.

To help defrauded shareholders, it was decided to take advantage of recent amendments to the legislation on shared construction and bankruptcy.

We agreed with the Russian Ministry of Construction that, as part of the bankruptcy procedure for unscrupulous investors, these residential complexes will be transferred to a city organization, which will become the new developer,” noted the head of the city of Moscow.

In fact, the city will take responsibility for the completion of the facilities and will guarantee that the affected people will receive their apartments.

The decision is not easy, literally unprecedented, but I don’t see any other way out of the current situation,” Sergei Sobyanin emphasized.

The regions will draw up “road maps” for solving the problem and will report quarterly to the Ministry of Construction.

Regional authorities will report to the Ministry of Construction on how they are solving the problem of defrauded shareholders. The corresponding order was signed by Prime Minister Dmitry Medvedev. Governors will have to send reports quarterly, and the ratio of the number of equity participation agreements (EPA) in problem facilities to the total number of agreements will be taken into account when assessing the effectiveness of regional authorities. In turn, the Ministry of Construction will send reports to the government once a quarter, said the head of the department, Mikhail Men.

The obligation of the authorities of the constituent entities of the Russian Federation to report on the solution to the problem of defrauded shareholders is recorded in government order No. 1063-r, which Prime Minister Dmitry Medvedev signed on May 26. According to the document, regions must draw up schedules (“road maps”) of work in this direction by August 1 in an approved form. The plan should contain a list of problem objects, the number of defrauded shareholders, and a list of unscrupulous companies. Local authorities will also need to indicate what legislative, organizational and financial measures they plan to take, and what results are expected from them. Deputy governors are appointed responsible for the implementation of road maps.

According to the order, reports on the work done and updated plans must be sent to the Ministry of Construction on a quarterly basis. The department is charged with monitoring the implementation of road maps and reporting to the government on how regions are easing the situation of shareholders.

The professionalism of regional authorities will be assessed when working with problem objects. As Mikhail Men, the Minister of Construction and Housing and Communal Services of the Russian Federation, told Izvestia at the St. Petersburg International Economic Forum, the ratio of the number of equity participation agreements (EPA) in problem facilities to the total number of agreements was included in the list of indicators by which processes in the real sector of the economy are monitored, financial, banking and social spheres of the constituent entities of the Russian Federation. It will be used in the future to evaluate the effectiveness of the executive authorities of the constituent entities of the Russian Federation.

It is important for regional authorities to strengthen control over the timing of the construction of houses that are being built with the involvement of citizens’ funds, as well as over the implementation of measures aimed at restoring the rights of defrauded shareholders, emphasized Mikhail Men.

According to the Ministry of Construction, the number of preschool institutions in problem houses out of the total number of such agreements concluded by citizens on average across the country is 5.43%. In some regions it exceeds 20%, and in a number of regions, on the contrary, it is below the average.

President of the Association of Developers of the Moscow Region Andrei Puchkov believes that the participation of regional authorities in solving the problem can significantly improve the situation of defrauded shareholders throughout the country.

Our experience of working with the government of the Moscow region confirms that if the region actively participates in the fate of defrauded shareholders, then the problem is solved. In the Moscow region, they began to actively make efforts, and out of 20 thousand deceived, 5.5 thousand remained. Much depends on the position of the local authorities; if this approach is applied throughout the country, then, naturally, the reliability of the market will increase, Andrei Puchkov is sure.

The head of the working group of the Presidium of the General Council of United Russia for the protection of the rights of shareholders, Alexander Sidyakin, said that there are currently about 900 problematic shared-equity construction projects in the country. He called the idea of ​​monitoring correct and noted that its introduction will make it possible to “understand where the authorities have done everything they should.”

Alexander Sidyakin noted that in a number of regions, governors cannot offer a solution to the problem of defrauded shareholders on a number of objects due to the lack of the required amount of funds in the regional budgets.

On January 1, 2017, a compensation fund for shared construction was created in Russia. The fund was created “for the purpose of compensating citizens for losses and completing the construction of facilities in the event of developers’ failure to fulfill their obligations under the agreement for participation in shared construction.”

In the country in recent decades, the number of citizens who paid for housing at the “pit” stage and did not wait to move in has been steadily growing. These people are concerned about the question of what will happen to the defrauded shareholders in 2018? Is there a chance to complete the construction of frozen objects or to return the invested funds?

Shared construction is the only solution to the housing problem for those who are unable to purchase real estate for cash or obtain a mortgage loan. This method of buying a home appeared in the 1980s in Europe.

At the height of the crisis of the 1990s, this trend took root in Russian reality. From those times until the present day, the system has been operating with significant gaps: not all buyers wait to move into the coveted apartment. The number of defrauded investors tends to constantly increase.

It should be borne in mind that information on the number of defrauded buyers varies significantly. Various major information sources provide figures ranging from 35,000 to 95,000 people. However, according to data from the All-Russian Association of Citizens who suffered from the actions of unscrupulous developers, the number of victims reaches 2 million people. In their opinion, when calculating, it is necessary to take into account the number of minor children and dependents in the care of shareholders. After all, the Constitution of the Russian Federation guarantees all residents of the country the same right to housing. And the rights of children and dependents are derived from the rights of their guardians.

According to various sources, at the beginning of 2015, the number of victims of the arbitrariness of unscrupulous developers reached about 100,000 people. They were buyers of 510 properties throughout the country. By the end of the same year, 546 criminal cases had been initiated against developers for fraud.

By early 2016, official figures show 85,000 citizens are desperately waiting for more than 800 developments to be completed. By the end of that year, officials reported the number had dropped to 38,000.

Letters of the law in defense of defrauded investors

When purchasing unfinished housing, no shareholder can be insured against a disastrous outcome. In the early stages of the implementation of such projects in the country, the cause of danger was the lack of a legislative framework capable of guaranteeing the protection of the rights of defrauded shareholders 2018.

But as the situation worsened, this issue began to be considered by the authorities. Since April 1, 2005, Federal Law No. 214 has been introduced, designed to regulate the interaction of equity holders and developers in the legal field. However, this law was able to solve the problem only partially. A negative role in the implementation of the rights of defrauded shareholders was also played by the fact that participants in transactions found workarounds and shareholders again found themselves outside the protection of the law.

The problem became widespread again in 2013-2014. According to various sources, at this time there were more than 120,000 defrauded shareholders throughout the country. These facts forced the State Duma to again consider the issue of tightening the responsibility of developers. The discussion resulted in amendments to Law No. 214, consisting of two parts. The first block concerned insurance companies participating in shared construction projects. Now the size of their net worth must be at least 1 billion rubles instead of the previous 400 million. A number of demands were also put forward to the Central Bank regarding their financial stability.

The second block puts forward more stringent requirements for developers. Their own funds must be more than 5% of the total cost of the shared project. If this condition is not met, then the contribution of the guarantors, together with the developer’s own funds, must be at least 1 billion rubles. According to the rules of the new law, there are only 5 companies left on the market out of 19 operating ones.

Also, at the beginning of 2016, a unified database was created for registering citizens and completing “frozen” projects.