How to protect equity holders?

Moscow, civil rights committee,
April 2, 2018

Round table recommendations
“Problems of compliance with rights
participants in shared housing. ”

The massive violation of the rights of participants in shared construction is associated with a number of reasons, the main of which are:
- miscalculations of legal regulation;
- inaction and illegal actions of law enforcement agencies;
- violations by unscrupulous developers

However, it was the legislator who created the conditions in which for 20 years it was not possible to create a mechanism for safe investment in the field of housing construction of family capital funds, nor restore the rights and legitimate interests of many thousands of deceived equity holders.
Violation of the rights of participants in shared construction gives rise to a gross violation of social justice.

The main forms of violation of the rights of equity holders over the past 20 years have become:
- double sales of dwelling;
- the construction of apartment buildings on the lands of agricultural destination or low -rise construction in the absence of municipal land control and prosecutorial supervision;
- presentation of requirements for the demolition of houses acting as only housing in conditions when built houses could be legalized;
- theft of equity holders with unscrupulous developers;
- obstruction of the work of developers by law enforcement agencies, including by applying excessive interim measures and excessive preventive measures against the accused;
- artificial bankruptcy of the developer from unscrupulous partners or competitors;
- the application of incorrect technical solutions in construction entailing the impossibility of state acceptance of the house.

On November 5, 2017, at a meeting with departments, the President of Russia instructed to develop a road map of the transition from shared construction to design financing. However, the requirement of the President of the Russian Federation to post this roadmap on the Internet by 12/15/18. The assignment of the President of the Russian Federation provides for the strengthening of administrative responsibility of officials exercising state control in the constituent entities of the Russian Federation for the construction of apartment buildings, but does not provide for strengthening criminal liability.
It should be noted that the judiciary and the prosecution authorities are direct liability for the creation of the conditions for violation of the rights of participants in shared construction.
Participants in the round table recommend:

1) to the Government of the Russian Federation
1.1. To develop a mechanism for priority assistance to shared construction participants who purchased a dwelling in an object of shared construction, as the only dwelling, and now they live in rented housing, which would include the provision of housing in the maneuverable housing stock to such families.
1.2. To develop a mechanism for assistance to equity holders of 2004-17, the rights of which were violated before the introduction of shared construction insurance, paying special attention to those families for which the defendants and other persons have no property to compensate for the harm.
1.3. Introduce a mechanism for providing emergency free legal assistance to equity holders in case of violation of their rights; In the structure of the state body in the field of construction organization, to create a special unit for the provision of such assistance to equity holders (the conditional name "State Commissioner for the Protection of the Rights of Loschikov").
1.4. In the event of violations of the rights of equity holders in connection with inaction or violations of the control and supervisory authorities, to attract funds of these bodies to compensation for damage caused.
1.5. To provide that the main burden of protecting the rights of equity holders lies with state bodies, and not on equity holders themselves, as a rule, who do not have the experience of legal, in particular, judicial protection of their economic rights.

2) federal legislator:

2.1. To provide protection of the rights of equity holders to the object of incomplete construction in the case of judicial or criminal law claims to the developer, considering equity holders as an independent side of legal relations, participants in the trial.
2.2. In cases of bankruptcy, to allocate shared construction objects from the mass of bankruptcy property, considering them as the property of equity holders, and not bankrupt creditors.
2.3. Introduce the obligatory state construction examination.
2.4. To foresee that the collection of the debts of the developer can only be applied to apartments that are not registered with the ownership of participants in shared construction.
2.5. Provide mortgage holidays for equity holders whose housing is not introduced within the agreed time.
2.6. Provide for mandatory state insurance of shared construction.
2.7. Provide the right of equity holders to public control of shared construction objects.
2.8. To provide that the assignment of new duties on developers should not entail the requirements of a material nature to legal relations that arose before the adoption of a new norm. T

3) law enforcement agencies:
3.1. Practice the conclusion of agreements aimed at transferring objects of incomplete construction to equity holders to complete their construction with their consent.

4) to human rights organizations, using the Federal Law 212-FZ, to more actively exercise public control over compliance with legislation in the implementation of shared construction, the completion of construction in progress.

5) the Commissioner for Human Rights in Russia hold a meeting on unresolved problems of the Pushkinskaya Sloboda residential complex and the case Mazilenko L.A. with the participation of representatives of the prosecutor's office of the region, the GSU of the Investigative Committee of the Moscow Region, the Main Directorate of the Ministry of Internal Affairs in the Moscow region.

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