The State Duma adopted a law allowing many defrauded real estate investors to save anything from their invested funds. Do not throw the property "at Sharap" The problem of defrauded real estate investors, as we know, there are two main aspects. First - how to protect citizens from fraud, deceit or simply inept business builder. It is a challenge, so to speak, prevention. The second aspect - how to help those who have already suffered, who have lost their money and found himself with nothing. Domestic legislation thoroughly bothered by the first direction: nearly seven years ago passed a law № 214, called for brevity the law on joint construction, after which he had three or four times were made drastic amendments. Another thing is that created by the deputies of the legislative design was ineffective, as evidenced by the unrelenting number of victims, however, something in this direction has been done. City Council just adopted the Law "On Amending the Federal Law" On Insolvency (Bankruptcy) "of Article 17 and 223 of the Arbitration Procedure Code with regard to establishing the features, properties of bankrupt property developers, which attracted participants cash Construction" - is, in fact, the first serious attempt to help those who already suffered from the adventurers, and to whom prophylaxis is useless. The basic meaning of the new law is that in an organized way to consolidate the assets of real estate investors, formed on their money during the construction period. Basically it is the right to land and that, in colloquially referred to as "unfinished" (in some rare cases there are even finished objects). As the chairman of the Duma Committee on Property Viktor Pleskachevsky, studies show that in the early stages of a huge number of builders were conscientious. That is, they wanted to build a house and no one was going to cheat. And then often occurred as follows: construction company in return for bribes or contacts received a spot for construction, building permits (and sometimes not) and set about digging the pit. Immediately began raising money for which the developer a little taken to build something. Next under construction started at the bank took out a loan, then run up the developer for an indefinite period of construction or other trouble, due for repayment and the developer ran out. A remained unhappy citizens-depositors. But not they alone. As a rule, there were still right to land (which often also are good money) and an unfinished object. But with them going on about the fact that during my childhood was called to share "on Sharap" when the happy owner of a handful of candy out into the yard, filled with friends, weather, and with a glad cry of "on Sharap" tossing her into the air. And then someone had managed to grasp that fact and the host. Only then will the whole rebyatnya was about equal, but in the case of the construction interest holders found themselves frankly the weak side. In opposition to legal entities (companies) and government agencies, and citizens were lost in non-competitive division. Worse, as a rule, buyers initially when receiving money is not shared construction contracts, and used all sorts of roundabout scheme. Most were built relationships with companies, brokers generally do not have anything to do with construction projects. Mediators bankrupt, and the construction project remains on the sidelines. Often, citizens do not even lay claim to that, because of the company officially listed as a table, chair, pen and a piece of paper. In this case the director is often - shill (not like here to recall the 'Horns and hoofs "), acting by proxy, the company has an authorized capital of 10 thousand rubles. As a result, citizens with few exceptions remained empty. Although there is to get hold of that. According to the State Duma deputy Alexander Khinshtein, sites where there is a backlog and there is that divide - the vast majority. Where only dug a hole, very few real estate investors. In the end, if there is no object unfinished, there is no problem in the sense that there is nothing to divide. Suppose a very high degree of approximation, in the opinion of the legislator, the real objects of unfinished comprise at least two-thirds of the total number of closed projects. Deputy Chairman of State Duma Committee on Budget and Taxation Alexander Kogan said that today the bankruptcy case filed in 1246 sites, where funds were involved citizens. And so far all of the bankruptcy case to "manually" with all sorts of truths and untruths being held. No company within the law of bankruptcy is not communicated. Some companies, such as "Social Initiative", the two and a half years refrained from bankruptcy until such time as certain assets have not been withdrawn in favor of citizens. A Khinshtein adds: "Today, in the framework of the bankruptcy claims put forward by the tax authorities in connection with tax arrears, 595 for a unit under attack. Authorities have to find a variety of circuitous schemes to get the items from the estate and the potential to save lives. " Now all of a bankruptcy case can be run from the brakes, because, according to lawmakers, the new law the rights of injured citizens are protected. Almost interest holders are the only contenders for everything that is relevant to the object to which they donated money. Interest holders declared protagonists What changes in the position of the new law defrauded real estate investors? Perhaps the most important for the citizens is the fact that in the case of bankruptcy, "the court may admit the existence of a principal building requirements on the transfer of the dwelling or monetary claims," regardless of the form of the contract. It may be a shared construction contract, and a preliminary contract of sale, promissory notes and scheme, and making money through the HBC, and much more. It can be any transaction that transfers money or other property for the construction of an apartment building and the subsequent transfer of the dwelling in this house in the property. Simply put, the interest holders can no longer deny the lawsuit on formal grounds, that, well, not the treaty concluded at the time. Equally important is the change of priority of creditors in the bankruptcy of the builder. Under the new law affected individuals in the queue - first. To be really quite accurate, then the third. But ahead of them, but this exotic category, as citizens, to whom the contractor is liable for damage to life or health, and quite insignificant indemnity and wages to former employees of the builder. Among the "normal" lenders interest holders have undisputed priority, first met their requirements, then all the rest. The Act also establishes the procedure meet the demands of shareholders. If construction is completed at home, and apartments enough for all the victims, the housing is simply transferred to the ownership of citizens. If the house is not completed, the equity holders are invited to create HBC, which is passed the law of the land and an unfinished object, and then the citizens at the expense of proper-governmental funds to bring the case to its logical conclusion. Finally, if the interest holders do not find a common language regarding the establishment of the cooperative, the property developer goes under the hammer, and the proceeds be divided proportionally between equity holders once they have made to the money. Moreover, if the builder a few objects, the cooperatives are in each house of the number of relevant shareholders. The authors of the law also note that in some sense, it has been given retroactive effect. It is understood that the law can work on those trials, the procedure which began before the enactment of the law. Moreover, in certain cases, the court may decide on demanding real estate, including construction in progress, of unlawful possession or recognition of the transaction in respect of real property to be invalid or not concluded. It seems that refers cases in which the property was prudently stuffed in different slots. I must say that apart from these basic provisions of the law prescribes in detail the mechanism of their implementation, while there are many important nuances that work to protect the rights of shareholders. Generally speaking, the document deserves to be a handbook for podnatorevshih in the fight for citizens' own homes. Woven of contradictions At the same time, no doubt adopted to benefit victims of real estate investors, the new law at the same time does not solve all their problems, in many respects ambiguous and even contradictory. The main drawback is that this is not exactly what is expected of the state affected. After fully completed construction and awaiting their fate prefabricated houses are very small. Basically all the fuss is due to the fact that the construction is stopped somewhere in the middle. And in some cases on the court do not have anything other than a fence. And now the state, in essence, offers cheated and aggrieved party in the home, at your expense offset the effects of criminal activity and the builder to finish the job. But the interest holders want to get everything completely, for which they paid. Most likely, the citizens say "thank you" for the restitution of the stolen parts, but then he asked, but what about the rest? This issue will be a certain amount of reason, people rightly believe that the order in the country responsible authorities. And as practice shows, the solution shareholders fully possible only with the involvement of budgetary infusions, even if carried out in an indirect way. However, the topic of financial support affected co-investors in this act does not address the simple reason that goes beyond it. With a strong desire someone of the shareholders may be suspected here, even substitution of concepts and another deception. On the other hand, the interest holders - not only lenders, there are others. These other substantive change places with the defrauded real estate investors and excluded from participation in the division of property of bankrupt. But for them lost money, too, can be vital! The consequences can be very negative. For example, banks, and so do not rush to lend to housing, the government has to take special measures to stimulate lending developers. Interestingly, as we now change the position of the bankers after the law came into force? It is unlikely that they will add enthusiasm. It is also not the fact that other actors can easily give up their rights to the bankrupt's estate, especially if those rights have somehow formed. In particular, the interest holders complain to the Ministry of Defence, which ticks cling to the land under the problematic objects and refuses to consider the interests of affected citizens. And if the President of the country could hardly be obtained from the Ministry of Defense of the earth beat (meaning scandal in Vladivostok), then what about shareholders? The disadvantages include the circumstance that a great deal in making specific decisions are relegated to the arbitral tribunal and, therefore, much will depend on its position on how the current judicial practice. In the upcoming election law, obviously, carries a certain populist strain. Therefore, equity holders must now hurry and catch the moment, "strike while the iron on the spot." At the end of election jurisprudence may significantly change. I must admit that in general, the law at all "ideological" is not sustained. The market economy has replaced the Soviet planned as more effective. Efficiency is related to private initiative. And every initiative in turn inevitably to some extent accompanied by risk. The market economy and risk are inseparable from each other like Siamese twins. An attempt to separate them (that is, eliminate the risk of joint construction) means the emasculation of market principles. Not for nothing in the discussion at the committee before second reading B. Pleskachevsky called the law "terrible." A. A Khinshtein said, in the sense that the term should go to the abolition of 214-th law and the maintenance of shared construction as the forged credit schemes - a cheap, long and interest-free.
No comments:
Post a Comment