Legislative innovations monitoring
New in legislation (changes that have come into force)
The President of the Russian Federation signed the next amendments to the Law on shared construction and not only
Federal Law of July 1, 2021 N 273-FZ "On Amendments to the Federal Law" On Participation in Shared Construction of Apartment Buildings and Other Real Estate Objects and on Amendments to Certain Legislative Acts of the Russian Federation "and Certain Legislative Acts of the Russian Federation"
The amendments are devoted to the settlement of obligations to participants in shared construction, bankruptcy of developers, transfer of a shared construction object.
The Fund for the Protection of the Rights of Citizens - Participants in Shared Construction, which has assumed obligations to complete unfinished projects, erect apartment buildings and other real estate objects, has the right to attract funds from participants. In this case, the conditions established for developers must be met. The funds of participants in shared construction are sent to the Fund's current account opened with an authorized bank in the field of housing construction. Banking support is provided for these funds.
The list of grounds for excluding problem objects from the unified register has been clarified.
The issues of the functioning of the UIS of housing construction have been settled. It provides for the creation of personal accounts of the constituent entities of the Federation, regional funds, and a bankruptcy administrator.
Some of the amendments concern the bankruptcy of developers and the activities of arbitration managers, as well as the activities of the Fund. In particular, the latter, as an agent of the regional fund, has the right to conclude transactions related to the sale of residential and non-residential premises, parking spaces in apartment buildings, the construction of which was completed by the regional fund using the funds of the Fund.
The federal law comes into force from the date of publication.
- Businesses have increased access to investment protection and promotion agreements
Federal Law of July 2, 2021 No. 344-FZ “On Amendments to the Federal Law“ On Protection and Promotion of Investments in the Russian Federation ”and Article 15 of the Federal Law“ On the Contract System in the Procurement of Goods, Works, Services for the Provision of State and municipal needs "
A law has been passed on the protection and promotion of investment in Russia. It provides:
- improvement of legal mechanisms for the protection and encouragement of investment,
- expanding business access to the investment protection and promotion agreements tool;
- development of a mechanism for reimbursing the costs of the parties to agreements at the expense of new taxes and other mandatory payments from projects;
- optimization of procedures for concluding and maintaining agreements on the protection and promotion of investments.
The federal law comes into force on the day of its official publication.
- About experimental projects that will be carried out in the "digital sandbox" mode
Federal Law of July 2, 2021 No. 331-FZ "On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law" On Experimental Legal Regimes in the Sphere of Digital Innovations in the Russian Federation "
The President of the Russian Federation signed amendments to some acts that establish the features of the application of certain laws in connection with the introduction of experimental legal regimes (EPR) in the field of digital innovations.
To ensure the special regulation established by the EPR program, amendments have been made to the Air Code, the Charter of road transport and urban land electric transport, laws on road safety, on OSAGO, on communications, on personal data, on technical inspection, on the protection of citizens' health.
As noted by the developers of the amendments, there are already experimental projects that need to be provided with a special legal regime. Among them - the provision of medical assistance with the use of telemedicine; remote conclusion of contracts for the provision of communication services using biometric technologies; commercial use of unmanned ground vehicles - highly automated vehicles.
It is stipulated that the subject of special regulation cannot be legal relations arising from the implementation of activities associated with a high risk of damage to the vital interests of the individual, society and the state, including when protecting state secrets, ensuring the security of the critical information infrastructure of the Russian Federation, as well as in connection with with the possible introduction into circulation of goods, works and services, the circulation of which is limited or prohibited.
The federal law comes into force from the date of publication.
- State antimonopoly control over economic concentration: clarifications from the Federal Antimonopoly Service
Clarification of the Federal Antimonopoly Service dated June 11, 2021 No. 19 "On the specifics of exercising state antimonopoly control over economic concentration" (approved by the minutes of the Presidium of the Federal Antimonopoly Service No. 3 dated June 11, 2021)
In itself, an increase in the level of economic concentration in the commodity market is not considered a violation of the antimonopoly law.