Federal Law № 214-FZ, colloquially called the law of real estate investors, went to the seventh year. "Age" has little effect on its popularity with builders - most still prefer to work on other schemes. However, in an election year, when the authorities are particularly interested in social stability, working conditions, developers seem to be tightened. Not in proportion, according to the largest social network "Odnodolschiki" across Russia today there are more than 65 thousand families deceived co-investors. The site www.odnodolshiki indicated more than 300 troubled projects in different cities. More than a third of them in Moscow and the region. Despite the widespread use of the word "interest holders" in this context, most of the affected buyers formally they are not, because it is not purchased under agreements of participation in share construction. Although Federal law 214-FZ ("On participation in joint construction of apartment buildings and other real estate and on Amendments to Certain Legislative Acts of the Russian Federation") adopted in late 2004, the territory of Russia is still widely used pre-purchase contracts sales, co-investment contracts, promissory notes and other like we have to say, "gray" schemes. Until recently, market participants are fond of repeating that they are legitimate. However, in accordance with the amendments of June 2010 only recognized the legitimate sale of contracts of participation in share construction (DUDS). All other contracts should renegotiate. This applies to all objects except those for which building permits were obtained prior to April 1, 2005, or those that are currently already in operation. Now, having the "gray" contract, the buyer can seek help from the appropriate authority. Thus, during the 2010 Moscow administration to ensure the realization of investment projects, control (supervision) in the shared construction (special body authorized to monitor the capital of the execution of the law № 214-FZ of the Moscow Government Decree № 157-PP dated 26.04.2011 renamed the Committee) received 1823 complaints of citizens concerning mainly reissuing previously concluded contracts. For the I quarter of this year there were still 923 treatment - through town hall, the site Mosnadzora and hotline. After receiving such complaints, and found irregularities in the self-check, send the developers Mosnadzor order to renegotiate contracts with all of its private investors within the law № 214-FZ. During its existence the agency has issued 46 such orders. Their failure is the cause for the prosecution test and treatment in an arbitration court for a temporary suspension of construction. So, now Mosnadzor involved as a third party in 29 court sessions. In the spring of this year on capital construction market was another high-profile event - the closure of the brand "Mirax", which actually means the official recognition of insolvency of the company and its affiliated entities. For some time living quarters "Kutuzovskaya mile», «Well House on Dubrovka», «Well House on Leninsky," and others were among the objects of concern. As stated in the "farewell" press conference CEO Sergei Polonsky, all objects will be completed, and the commitments made to customers. In the meantime, the situation is as follows: co-investors of projects "Mirax" require re-registration "preddogov", which were bought apartments in equity instruments, and Sergei Polonsky, meanwhile, sends open letter to the media Sergei Sobyanin with a request "for a meeting and a meeting on the most important issue that affects residents of the capital, real estate investors. " The quoted letter refers to "Kutuzov mile" - according to the website "Odnodolschiki" is 150. "Currently, staff is actively working Mosnadzora with non-profit partnerships to protect the interests and rights of shareholders" Mirax ": regularly meeting up with common algorithms for Action", - says the spokesperson of the shared construction Mosnadzora Larissa Horev. All under the special supervision Mosnadzora today are 39 objects, 35 of them, according to the agency, are problematic. By this we mean that developers do not maintain the established deadlines of its facilities, and customers do not receive any compensation. On most of these objects was carried out to raise funds, according to preliminary agreements (and only in two cases indicated that the sales are in accordance with the law № 214-FZ). It is unlikely that you can call it coincidence. And glad to be in heaven to give even an approximate number of developers in Russia, realizing an apartment on DUDS, it is not possible. How many are in the capital, just do not know even Mosnadzore, but the "builder" was told that for the I quarter 2011 reports to the Committee in accordance with the requirements of the law № 214-FZ of 11 companies provided, developers of 256 objects. The individual market specialists suggest that, in accordance with 214-m law with 20%, maximum 30% of developers. Of the best known may be called "Relight Invest" (one of the first in Moscow and Moscow region, who moved to the Law № 214-FZ DUDS first be registered on the site in Lytkarino (str Kolkhoz) in March 2007); " steward "(running from 214 th in 2008), financial and construction corporation" Leader "(should be the law of April 1, 2005), CJSC" Zheldoripoteka "concern" YIT ". Those who follow the federal law № 214-FZ, often attribute this solely by his desire to work in the legal field and position themselves appropriately in the eyes of buyers. Otherwise, they claim, work on 214-th promises only extra obligations and expenditures. In addition, certain circumstances sometimes do not allow to follow the law even in the presence of genuine desire. For example, under federal law № 214-FZ of the company can raise money the participants of shared construction only if it has a plot on the right of ownership, lease or sublease (the latter was made to the July 2010 amendments). If the legal entity manage the land for other conditions (construction is on federal land, a federal contract), it is according to the letter of the law simply does not get the status of the developer and, therefore, can not sell DUDS. This is a fairly common phenomenon - in Moscow, as are dozens of companies, such as "Inteko" (in particular, on federal land based LCD "Dominion" near metro station "University"). Another example of a plane land relations resulting sales manager HA "Pioneer-Moscow" Dmitry Otyakovsky: "We have prepared for one of our facilities complete set of documents conforming to the requirements of the law № 214-FZ, and passed to Companies House. We refused to register for one reason: the Federal Law № 214-FZ of the builder must be "long" land lease and the term of our rate was 11 months (such contracts are not subject to registration). Most interesting is that from our side there is no breach - contract absolutely legitimate, and in our case, it was concluded on the initiative of the authorities. It should be understood that the process of renewal of the lease of land for another term in the Land Committee takes from 6 to 9 months, so it is sometimes quicker to finish than to bring the project in full compliance with the law. " For many, a stumbling block is the economy of the project. It is well known that, under the Federal Law № 214-FZ, the developer has no right to raise funds to real estate investors how to get the necessary building permits. Meanwhile, at this stage he is known, is the enormous cost. "In Moscow, the practice value of the lot at an auction at the conclusion of law of the land lease may be half the cost of the project for the construction of housing economy class. Thus, prices for similar apartments in the initial phase of sales is about 90-100 thousand rubles. per 1 m2, while the value of the lot with hundreds of millions of rubles ", - head of legal department complains" Relight Invest "Elena Filatova. Knowing that they "do not pull" of such costs, many companies are looking for ways to circumvent the law № 214-FZ. 'If the law allowed to receive money from the signing of the contract of participation in share construction, but not since its registration in a public body, as well as reasonably reduced the penalty, then these measures would significantly enlarge the number of developers working on it "- said Alexander Arseniev, Senior Vice President for Legal Affairs of the concern "YIT in Russia". By the law itself have no complaints, just a market not yet ready for it to work, says head of marketing and development group of companies "Conti" Sergei Winkies: "The circumstances affecting the enforcement of the law № 214-FZ, often lie outside the scope of the developers play an important role administrative costs. " Most often refers to them by the lengthy and uncertain time making certain decisions, the tyranny of bureaucrats and the like. For example, according to the prevailing practice in Russia quite often get a building permit retroactively, already under construction. Also, you may have problems in dealing with third parties, such as disruption of the timing of deliveries of subcontractors. Act as the relationship does not regulate. "The customer has a powerful mechanism for influencing the developer while the developer himself the state does not offer any mechanisms of action in circumstances beyond his control factors" - says the Winkies. And carrots and sticks to list the shortcomings and contradictions of the law № 214-FZ can be long. During its existence they have repeatedly cited and reviewed. The question is: what is done in 2010 to developers en masse and stood together "under his banner?" Experts offer the latest amendments of the law unlike the assessment. "Builders have once again reminded that they should work on 214-mu" - ironically, Oleg Sukhov, a lawyer for the "First Capital Law Center." The lawyer, in these amendments is nothing new. Alexander Arseniev (concern "YIT") believes otherwise. "The most important for market players due to changes made in 2010 in the 214th law, is that now engage in activities outside of the FL was more risky than abide by it, whereas before the adoption of these amendments, the risks of law № 214-FZ treated many developers to be unacceptable, "- said the expert. Under the new rules of the company selling the house is not on DUDS, may be fined up to 1 million rubles. This is unlikely to bow developers in droves to follow the law, but may take effect on individual companies. True, expressed the opinion that the only way developers will be forced to abandon projects economy-in favor of more expensive housing, as this would "recapture" fine just the sale of one apartment. But given the surplus in the housing market in business class and the lack of affordable, this assumption is debatable. However, the developers of the latest developments of law № 214-FZ applied not only a method of intimidation. As noted by Alexander Arseniev, introduced a number of very important provisions for developers to simplify the administration work. In particular, it is an opportunity to work on the 214-th law and in the case where the land belongs to the right of the sublease, the lack of collateral for apartments that are not found their customers in the construction period, and others. An important decision was the release of law-abiding contractors from VAT (the corresponding changes were made to the Tax Code). According to the latest edition of NC is no longer subject to VAT in the RF developer services under a contract of participation in share construction concluded in accordance with the law of the Federal Law № 214. VAT is charged on the difference between the cost of building the house and the sum of all funds received from the participants of shared construction of the house. The CC "Domostroitel" convinced that each quarter of companies working under contract on share participation in construction, it becomes more and more. This is not only big players in the market, but small developers. Especially this trend is noticeable in the primary market of Moscow region. "We estimate that today about 60% of the projects in the Moscow area are sold under contracts of participation in share construction. These include almost all the projects, which are derived on the market after the crisis, and a substantial part of the old. Typically, the schemes are not specified in the law № 214-FZ, sales are conducted in major projects in the final stages of implementation, "- said the director of marketing management company" Domostroitel "Olga Guseva. Indeed, in recent years more and more developers declare their intention to sell the apartments on DUDS on individual projects. For example, in "Conti" report that is currently selling on housing sales contracts, but new sites are planning to sell at DUDS. The company "Pioneer-Moscow" is now completing construction of the residential complex "Lazarevskoe" in South Butovo, which already passed the "dolevku." According to the company, the apartments were sold on preddogam, located in buildings A and B, and since they have now put into operation, most buyers do not need to reissue contracts: risk no homes are built. In the near future the company plans to start selling official immediately on two new facilities: LCD «LIFE-Volga" and LCD «LIFE-Shodnenskaya" sale of apartments which will be conducted in accordance with the Law № 214-FZ. What is stopping gradually Law № 214-FZ of changing for the better, though still far enough out of life. First of all, in itself is not a panacea DUDS. Recall that, by law, participation in share contracts construction come into force only after their registration. Meanwhile, Moscow is still common practice, when the company declares that sells law № 214-FZ, but it does not register contracts. "People say: we now sell everything and then take the contract and all together we put them in regpalatu. In this case, the lack of registration means that the developer is not one of the most important requirements - in fact, the contracts are invalid ", - Dmitry Otyakovsky recalls. In this case, talk about guarantees is not necessary. By the way, the lack of timely registration of contracts - not always the result of malice or bad faith builder, said the lawyer Oleg Sukhov. According to him, developers are prevented from registration of title documents and opening of registration address for the registration of contracts Rosreestra equity. The expert refers to the experience familiar developer who has long been unable to register the contract. In addition, the law, by and large, does not contain mechanisms to provide a guaranteed prescription. Many of them can not be accomplished builder. "To fully protect the rights of shareholders, the following amendments to the law of the Federal Law № 214: Mandatory insurance of risks in the completion of a specific time frame large insurance companies and guarantee reimbursement of insurance premiums from the state; assignment of functions for processing of documents in the initial and final stages of construction on local or the federal government to completely eradicate corruption and red tape in these relations ", - said Sukhov. At present article 21, paragraph 9 of the law requires the developer to provide a declaration of project information "about the possible financial and other risks of the project construction and measures for voluntary insurance builder of such risks." As a rule, at the stage of raising funds the developer is not interested to bring the consumer any concerns and even more so at his own expense to pay for insurance of such risks, so it almost always refers to a declaration that they are missing. "Today, it is important to take for granted, and to prescribe in legislation the presence of risk as builder, and interest holders (regardless of whether that declares the constructor). Need to offer a bona fide purchaser for the construction phase and an independent assessment of the possibility of voluntary insurance it (shareholders) of the risks. Federal Law № 214-FZ, colloquially called the law of real estate investors, went to the seventh year. "Age" has little effect on its popularity with builders - most still prefer to work on other schemes. However, in an election year, when the authorities are particularly interested in social stability, working conditions, developers seem to be tightened. Not in proportion, according to the largest social network "Odnodolschiki" across Russia today there are more than 65 thousand families deceived co-investors. The site www.odnodolshiki indicated more than 300 troubled projects in different cities. More than a third of them in Moscow and the region. Despite the widespread use of the word "interest holders" in this context, most of the affected buyers formally they are not, because it is not purchased under agreements of participation in share construction. Although Federal law 214-FZ ("On participation in joint construction of apartment buildings and other real estate and on Amendments to Certain Legislative Acts of the Russian Federation") adopted in late 2004, the territory of Russia is still widely used pre-purchase contracts sales, co-investment contracts, promissory notes and other like we have to say, "gray" schemes. Until recently, market participants are fond of repeating that they are legitimate. However, in accordance with the amendments of June 2010 only recognized the legitimate sale of contracts of participation in share construction (DUDS). All other contracts should renegotiate. This applies to all objects except those for which building permits were obtained prior to April 1, 2005, or those that are currently already in operation. Now, having the "gray" contract, the buyer can seek help from the appropriate authority. Thus, during the 2010 Moscow administration to ensure the realization of investment projects, control (supervision) in the shared construction (special body authorized to monitor the capital of the execution of the law № 214-FZ of the Moscow Government Decree № 157-PP dated 26.04.2011 renamed the Committee) received 1823 complaints of citizens concerning mainly reissuing previously concluded contracts. For the I quarter of this year there were still 923 treatment - through town hall, the site Mosnadzora and hotline. After receiving such complaints, and found irregularities in the self-check, send the developers Mosnadzor order to renegotiate contracts with all of its private investors within the law № 214-FZ. During its existence the agency has issued 46 such orders. Their failure is the cause for the prosecution test and treatment in an arbitration court for a temporary suspension of construction. So, now Mosnadzor involved as a third party in 29 court sessions. In the spring of this year on capital construction market was another high-profile event - the closure of the brand "Mirax", which actually means the official recognition of insolvency of the company and its affiliated entities. For some time living quarters "Kutuzovskaya mile», «Well House on Dubrovka», «Well House on Leninsky," and others were among the objects of concern. As stated in the "farewell" press conference CEO Sergei Polonsky, all objects will be completed, and the commitments made to customers. In the meantime, the situation is as follows: co-investors of projects "Mirax" require re-registration "preddogov", which were bought apartments in equity instruments, and Sergei Polonsky, meanwhile, sends open letter to the media Sergei Sobyanin with a request "for a meeting and a meeting on the most important issue that affects residents of the capital, real estate investors. " The quoted letter refers to "Kutuzov mile" - according to the website "Odnodolschiki" is 150. "Currently, staff is actively working Mosnadzora with non-profit partnerships to protect the interests and rights of shareholders" Mirax ": regularly meeting up with common algorithms for Action", - says the spokesperson of the shared construction Mosnadzora Larissa Horev. All under the special supervision Mosnadzora today are 39 objects, 35 of them, according to the agency, are problematic. By this we mean that developers do not maintain the established deadlines of its facilities, and customers do not receive any compensation. On most of these objects was carried out to raise funds, according to preliminary agreements (and only in two cases indicated that the sales are in accordance with the law № 214-FZ).
It is unlikely that you can call it coincidence. And glad to be in heaven to give even an approximate number of developers in Russia, realizing an apartment on DUDS, it is not possible. How many are in the capital, just do not know even Mosnadzore, but the "builder" was told that for the I quarter 2011 reports to the Committee in accordance with the requirements of the law № 214-FZ of 11 companies provided, developers of 256 objects. The individual market specialists suggest that, in accordance with 214-m law with 20%, maximum 30% of developers. Of the best known may be called "Relight Invest" (one of the first in Moscow and Moscow region, who moved to the Law № 214-FZ DUDS first be registered on the site in Lytkarino (str Kolkhoz) in March 2007); " steward "(running from 214 th in 2008), financial and construction corporation" Leader "(should be the law of April 1, 2005), CJSC" Zheldoripoteka "concern" YIT ". Those who follow the federal law № 214-FZ, often attribute this solely by his desire to work in the legal field and position themselves appropriately in the eyes of buyers. Otherwise, they claim, work on 214-th promises only extra obligations and expenditures. In addition, certain circumstances sometimes do not allow to follow the law even in the presence of genuine desire. For example, under federal law № 214-FZ of the company can raise money the participants of shared construction only if it has a plot on the right of ownership, lease or sublease (the latter was made to the July 2010 amendments). <<>> If the legal entity manage the land for other conditions (construction is on federal land, a federal contract), it is according to the letter of the law simply does not get the status of the developer and, therefore, can not sell DUDS. This is a fairly common phenomenon - in Moscow, as are dozens of companies, such as "Inteko" (in particular, on federal land based LCD "Dominion" near metro station "University"). Another example of a plane land relations resulting sales manager HA "Pioneer-Moscow" Dmitry Otyakovsky: "We have prepared for one of our facilities complete set of documents conforming to the requirements of the law № 214-FZ, and passed to Companies House. We refused to register for one reason: the Federal Law № 214-FZ of the builder must be "long" land lease and the term of our rate was 11 months (such contracts are not subject to registration). Most interesting is that from our side there is no breach - contract absolutely legitimate, and in our case, it was concluded on the initiative of the authorities. It should be understood that the process of renewal of the lease of land for another term in the Land Committee takes from 6 to 9 months, so it is sometimes quicker to finish than to bring the project in full compliance with the law. " For many, a stumbling block is the economy of the project. It is well known that, under the Federal Law № 214-FZ, the developer has no right to raise funds to real estate investors how to get the necessary building permits. <<>> Meanwhile, at this stage he is known, is the enormous cost. "In Moscow, the practice value of the lot at an auction at the conclusion of law of the land lease may be half the cost of the project for the construction of housing economy class. Thus, prices for similar apartments in the initial phase of sales is about 90-100 thousand rubles. per 1 m2, while the value of the lot with hundreds of millions of rubles ", - head of legal department complains" Relight Invest "Elena Filatova. Knowing that they "do not pull" of such costs, many companies are looking for ways to circumvent the law № 214-FZ. "If the law is allowed to receive money from the signing of the contract of participation in the joint construction, and not from the moment of its registration in a public body, as well as reasonably reduced the penalty, then these measures would significantly enlarge the number of developers working on it" - said Alexander Arseniev, Senior Vice President for Legal Affairs of the concern "YIT in Russia". By the law itself have no complaints, just a market not yet ready for it to work, says head of marketing and development group of companies "Conti" Sergei Winkies: "The circumstances affecting the enforcement of the law № 214-FZ, often lie outside the scope of the developers play an important role administrative costs. " Most often refers to them by the lengthy and uncertain time making certain decisions, the tyranny of bureaucrats and the like. For example, according to the prevailing practice in Russia quite often get a building permit retroactively, already under construction. <<>> Also, you may have problems in dealing with third parties, such as disruption of the timing of deliveries of subcontractors. Act as the relationship does not regulate. "The customer has a powerful mechanism for influencing the developer while the developer himself the state does not offer any mechanisms of action in circumstances beyond his control factors" - says the Winkies. And carrots and sticks to list the shortcomings and contradictions of the law № 214-FZ can be long. During its existence they have repeatedly cited and reviewed. The question is: what is done in 2010 to developers en masse and stood together "under his banner?" Experts offer the latest amendments of the law unlike the assessment. "Builders have once again reminded that they should work on 214-mu" - ironically, Oleg Sukhov, a lawyer for the "First Capital Law Center." The lawyer, in these amendments is nothing new. Alexander Arseniev (concern "YIT") believes otherwise. "The most important for market players due to changes made in 2010 in the 214th law, is that now engage in activities outside of the FL was more risky than abide by it, whereas before the adoption of these amendments, the risks of law № 214-FZ treated many developers to be unacceptable, "- said the expert. Under the new rules of the company selling the house is not on DUDS, may be fined up to 1 million rubles. This is unlikely to bow developers in droves to follow the law, but may take effect on individual companies. <<>> True, expressed the opinion that the only way developers will be forced to abandon projects economy-in favor of more expensive housing, as this would "recapture" fine just the sale of one apartment. But given the surplus in the housing market in business class and the lack of affordable, this assumption is debatable. However, the developers of the latest developments of law № 214-FZ applied not only a method of intimidation. As noted by Alexander Arseniev, introduced a number of very important provisions for developers to simplify the administration work. In particular, it is an opportunity to work on the 214-th law and in the case where the land belongs to the right of the sublease, the lack of collateral for apartments that are not found their customers in the construction period, and others. An important decision was the release of law-abiding contractors from VAT (the corresponding changes were made to the Tax Code). According to the latest edition of NC is no longer subject to VAT in the RF developer services under a contract of participation in share construction concluded in accordance with the law of the Federal Law № 214. VAT is charged on the difference between the cost of building the house and the sum of all funds received from the participants of shared construction of the house. The CC "Domostroitel" convinced that each quarter of companies working under contract on share participation in construction, it becomes more and more. This is not only big players in the market, but small developers. Especially this trend is noticeable in the primary market of Moscow region. "We estimate that today about 60% of the projects in the Moscow area are sold under contracts of participation in share construction. <<>> These include almost all the projects, which are derived on the market after the crisis, and a substantial part of the old. Typically, the schemes are not specified in the law № 214-FZ, sales are conducted in major projects in the final stages of implementation, "- said the director of marketing management company" Domostroitel "Olga Guseva. Indeed, in recent years more and more developers declare their intention to sell the apartments on DUDS on individual projects. For example, in "Conti" report that is currently selling on housing sales contracts, but new sites are planning to sell at DUDS. The company "Pioneer-Moscow" is now completing construction of the residential complex "Lazarevskoe" in South Butovo, which already passed the "dolevku." According to the company, the apartments were sold on preddogam, located in buildings A and B, and since they have now put into operation, most buyers do not need to reissue contracts: risk no homes are built. In the near future the company plans to start selling official immediately on two new facilities: LCD «LIFE-Volga" and LCD «LIFE-Shodnenskaya" sale of apartments which will be conducted in accordance with the Law № 214-FZ. What is stopping gradually Law № 214-FZ of changing for the better, though still far enough out of life. First of all, in itself is not a panacea DUDS. Recall that, by law, participation in share contracts construction come into force only after their registration. Meanwhile, Moscow is still common practice, when the company declares that sells law № 214-FZ, but it does not register contracts. "People say: we now sell everything and then take the contract and all together we put them in regpalatu. <<>> In this case, the lack of registration means that the developer is not one of the most important requirements - in fact, the contracts are invalid ", - Dmitry Otyakovsky recalls. In this case, talk about guarantees is not necessary. By the way, the lack of timely registration of contracts - not always the result of malice or bad faith builder, said the lawyer Oleg Sukhov. According to him, developers are prevented from registration of title documents and opening of registration address for the registration of contracts Rosreestra equity. The expert refers to the experience familiar developer who has long been unable to register the contract. In addition, the law, by and large, does not contain mechanisms to provide a guaranteed prescription. Many of them can not be accomplished builder. "To fully protect the rights of shareholders, the following amendments to the law of the Federal Law № 214: Mandatory insurance of risks in the completion of a specific time frame large insurance companies and guarantee reimbursement of insurance premiums from the state; assignment of functions for processing of documents in the initial and final stages of construction on local or the federal government to completely eradicate corruption and red tape in these relations ", - said Sukhov. At present article 21, paragraph 9 of the law requires the developer to provide a declaration of project information "about the possible financial and other risks of the project construction and measures for voluntary insurance builder of such risks." <<>> As a rule, at the stage of raising funds the developer is not interested to bring the consumer any concerns and even more so at his own expense to pay for insurance of such risks, so it almost always refers to a declaration that they are missing. "Today, it is important to take for granted, and to prescribe in legislation the presence of risk as builder, and interest holders (regardless of whether that declares the constructor). Need to offer a bona fide purchaser for the construction phase and an independent assessment of the possibility of voluntary insurance it (shareholders) of the risks. It should not only increase the demands on the developer, but also legally obliged to interest holders of the contract to apply for the equity evaluation of their risk to an independent insurance company and seek the possibility of providing financial security ", - says Yuri Goldberg, managing partner of the National Insurance and Credit Agency (NSKA) . According to experts, such legislative initiatives will distinguish the affected investors, who have become established as a result of accidental risks can be adequately estimated from buyers who, despite the requirements of the law, and despite the refusal of insurers in financial guarantees, invested in a clearly illegitimate or bankrupt projects in pursuit of for the low price. There is a risk that the insurance risk under construction will fall further - and substantial - a financial burden on consumers, however, if the facility have any real problems, and will not give any guarantee for damages to all shareholders. <<>> Therefore, this system to work, must be at least the mandatory financial audit of the insurance companies themselves from the state, as a maximum - of the state must present some serious guarantees. In Mosnadzore also believe that the amendments to the Law № 214-FZ of the compulsory insurance of risks in the completion of the specific terms requires large insurance companies. In addition, management is one of the developers of the order of the Government of Moscow "On Measures of State Support people affected by the actions (inaction) of developers in the city of Moscow." It is important to understand that developers are not the only persons involved. According to experts, the law should prescribe the responsibilities of all stakeholders. "First we need to determine not only the legal requirements for developers, who, following the law № 214-FZ, are not always the real owners of real estate development projects, but also by the requirements for developers to establish their legal status under the law, - says Yuri Goldberg ( NSKA). - These requirements should reflect the history of their activities, financial condition, assets, and the availability of material and technical base, qualified personnel. The introduction of this amendment is very important to allow adequate assessment of their risks, consumers and insurance companies, providing them with financial guarantees in the voluntary insurance of risks of real estate investors. " <<>> Oleg Sukhov believes that nothing will change until the responsibility for the failure of the law does not find reflection in the Criminal Code. According to him, in the Criminal Code to include the rate of involvement in serious criminal liability not only officials of construction companies who are trying to work around this law, but also for all participants in these relationships, including those of the shareholders. In this case, they are at risk of criminal liability are not to be led by unscrupulous developers, offers a radical lawyer measure. Apparently, the new law changes on the horizon. For example, in late March, the Federation Council held parliamentary hearings on "The Practice of the Federal Law of June 17, 2010 № 119-FZ" On Amending the Federal Law "On state registration of immovable property and transactions with it" and some legislative Acts of the Russian Federation. " As a result of the hearing all parties were invited to the Federation Council their views on the various changes. By the time of this writing, most likely, there will be the first concrete results of the past discussions. One thing is clear: the forecasts of those who some time ago, predicted the law № 214-FZ of the quiet, unnoticed death, did not materialize. It seems that the authorities intend to make it an essential tool for bringing order to the housing. Insurance for the "unfinished" Today, the only company to offer insurance to risks under construction in the Moscow market is the National Insurance and Credit Agency (NSKA).
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