Mortgage Assistance Program. Standard samples of contracts, documents and other business papers, codes of laws and codes, a collection of regulations and standards, a catalog of business plans and ideas, a rating of Russian banks Decree 961

Relevance of the article: March 2019

Mortgage lending in our country continues to be one of the most available ways to buy real estate.

Various events occur in life, including unforeseen ones, when the borrower and his family are in distress and cannot regularly pay mortgage, which entails the accrual of a penalty and further loss of housing.

Assistance to the borrower can be provided by the Agency for Housing Mortgage Lending (AHML).

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Legislation

In connection with the crisis, many borrowers have lost their ability to pay before the bank. In the spring of 2015, a meeting of the Government was held, where the question was decided - what measures the state would take in the current situation. As a result, Decree No. 373 of April 24, 2005 was issued. and the Home Mortgage Insurance Agency established.

AHML is a federal agency in the form of an open joint stock company with 100% state capital. The Agency received 4.5 billion rubles from the state to assist borrowers, and subsequently (11/24/2016) additional changes were made to the program.

Acceptance of applications from those wishing to take part in the program was completed on March 7, 2017. This is due to the fact that financial resources allocated for aid were used up.

By Government Decree No. 961 of August 11, 2017, assistance for those borrowers who, due to circumstances, found themselves in a difficult situation with a mortgage, was extended.

This is primarily due to the fact that most of the clients who used a home loan were left in a difficult situation and could not cope with payments without the help of the state.

In accordance with the new program, borrowers are entitled to write off 30% of the remaining debt, but in an amount not exceeding 1,500,000 rubles.

In addition, the state will also write off the accrued penalty, but only if the penalty was not paid or collected by court order.

Goals and objectives of AHML

Citizens who have taken a mortgage loan can expect:

1. To write off the amount in a single payment;
2. Translation foreign currency loan on mortgage in ruble;
3. Reduction of the mandatory amount for the payment of the monthly payment;
4. Failure to pay mandatory payments for a certain period and postponing them to a later date.

The new program: its essence and goals

V new program to support borrowers in priority special conditions for a loan taken from foreign currency.

According to Government Decree No. 961 dated August 11, 2017, the following categories of borrowers can receive special conditions:

• Disabled or having disabled children;
• If there is one or more children under 18 in the family;
• Citizens in whose care there are persons under 24 years of age;
• Students - full-time students;
• Veterans who participated in the fighting.

According to the assistance program, two more conditions must be met:

1. First, the amount of the monthly payment on the mortgage loan has increased by at least 30 percent compared to the amount of the planned monthly payment calculated as of the date of conclusion of the loan agreement.
2. The second condition is as follows: three months before the proposed restructuring, the income for each family member must be less than two living wages.

The updated assistance program is designed for borrowers with foreign currency mortgage loans.

The Government explains the decision to help borrowers who have taken out mortgages in foreign currency by the fact that the first wave was aimed at ruble mortgages, and the 2017 program was aimed at foreign currency housing loans.

It is planned to create a special commission, whose tasks will include consideration of problematic appeals.

Sometimes a borrower does not fit any of the mandatory items, but it is obvious that he needs state support. Such cases will be considered on the basis of the request of the bank that provided the loan.

Requirements for the borrower

Borrowers must meet the following requirements:

1. Citizenship of the Russian Federation;
2. Personal income for each must be less than two living wages, while the calculation is for three months;
3. Housing must be purchased in Russia.

If you want to know about federal program resettlement - demolition of dilapidated and dilapidated housing, we advise you to read.

Conditions for real estate

An apartment issued on a mortgage loan must meet certain requirements. If at least one of them is not observed on the appeal, a refusal will be received.

The requirements are the following:

• Housing must be unique;
• The mortgage agreement must be signed at least 12 months before applying for debt restructuring;
• The cost of one square meter should not exceed 60% of the average cost in the region of residence.

There are also restrictions on the size of the apartment.

For a single room, the limit is set to 45 square meters, a two-room dwelling cannot exceed 65 square meters, and a three-room dwelling cannot exceed 85 square meters.

If in mortgage lending takes part, then he is obliged to provide all the documentation about himself and his family members.

List of documents for participation

If the borrower decides to seek help from AHML and revise the debt, he needs to come to the bank branch and tell about his intention.

The specialist will direct the client to the branch where they deal with overdue debts, where the borrower will be told what documents must be provided to participate in the program.

1. A statement where the borrower indicates the reason for non-payment. This may be the loss of a job or a decrease in family income;
2. Questionnaire for loan restructuring;
3. Passports and birth certificates of all family members;
4. Marriage document;
5. Certificate if the marriage is dissolved. When changing the surname, an appropriate document is also required;
6. Certificate of a veteran of military operations, if a citizen belongs to this category;
7. Documents confirming the status of a disabled person (if any);
8. The dependent presents a birth certificate;
9. Dependents bring a certificate from the university confirming the completion of training;
10. Information about the composition of the family;
11. Notice from the pension fund that there is no independent income;
12. A copy of the work book (must be certified);
13. For individual entrepreneurs - a certificate;
14. Certificate of employment (for law enforcement officers);
15. A document confirming registration with the employment center and work book, this applies to unemployed persons;
16. Certificate in the form 2-NDFL from the borrower, as well as members of his family;
17. Certificate from the FSS of the Russian Federation on the assigned benefits and other payments;
18. The document issued pension fund on the status of the account. This is a mandatory document for all;
19. Certificate of joint family income in the form of a bank;
20. Pensioners provide a certificate of the amount of the pension;
21. Validation of patents and tax returns;
22. Application of the borrower, where he indicates personal property on the territory of the Russian Federation;
23. Loan agreement and payment schedule;
24. Collateral valuation agreement;
25. If the mortgage was concluded for housing under construction, then an equity participation agreement is provided;
26. Technical and cadastral passport for housing.

We offer you a sample application for state support: Download .

We offer you a sample questionnaire on loan restructuring: Download.

Terms and maximum amount of support

Decree No. 961 does not specify the period for the implementation of the program; it will end when the funds allocated to help borrowers run out completely.

If earlier the amount of assistance was 200,000 thousand rubles, then 600,000 rubles, today maximum size support totals 1,500,000 rubles.

Advantages and disadvantages

The new program helps the bank 's clients cope with life circumstances and take advantage of government assistance .

Increasing the maximum support amount makes mortgage payments much easier.

Many borrowers who wish to take advantage of the support note that the mechanism for implementing the program is complex and has a number of disadvantages:

• Extensive list of documents for consideration of the application;
• Long application processing time;
• No requirement to disclose the reason for refusal;
• Lack of transparency in application review mechanisms.

Mortgage borrowers who find themselves in a difficult situation have a chance to take advantage of state program help.

To do this, they need to carefully study Government Decree No. 961 of August 11, 2017 and collect the required package of documents.

If the decision is made in favor of the borrower, then he will be provided with assistance from the state, which will facilitate the payment of the mortgage debt.

Mortgage borrowers are being extended; an additional 2 billion rubles will be allocated. We invite you to watch the video and learn more useful information about this question.

Changes have been made to the program of assistance to borrowers on mortgage loans. Plus issued 2 billion rubles.

The limitation of the duration of the program of assistance to mortgage borrowers in a difficult financial situation has been canceled

Amendments to the Guidelines for the Implementation of the Assistance Program certain categories mortgage borrowers, including:

the restriction on the duration of the Program was canceled (previously, the duration of the Program applied to restructuring agreements concluded before May 31, 2017);

the maximum reimbursement amount for each restructured mortgage loan has been increased from 20 to 30 percent of the balance of the loan amount calculated as of the date of conclusion of the restructuring agreement, but not more than 1.5 million rubles, in relation to all categories of borrowers (in this case, the maximum amount may be increased by decision an interdepartmental commission formed to make decisions on reimbursement to creditors, mortgage agents, AHML JSC of losses resulting from the restructuring of mortgage housing loans in accordance with the terms of the Program, no more than 2 times);

specified in the restructuring agreement mandatory condition on establishing the lending rate for the entire term of the loan not higher than 11.5 percent per annum (previously not higher than 12 percent per annum) for loans denominated in foreign currency.

Earlier, by Decree of the Government of the Russian Federation dated July 25, 2017 N 1579-r, 2 billion rubles of budgetary appropriations were allocated for the implementation of the Program. Now these funds are directed to the authorized capital of AHML JSC for the purpose of compensating for the incurred losses.

GOVERNMENT OF THE RUSSIAN FEDERATION RESOLUTION ABOUT FURTHER IMPLEMENTATION

Government Russian Federation decides:

1. Approve the attached changes that are made to the main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) in a difficult financial situation, approved by Decree of the Government of the Russian Federation of April 20, 2015 N 373 “On the main conditions for the implementation of the program assistance to certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation, and increase authorized capital Joint Stock Company “Agency for Housing Mortgage Lending” (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2015, No. 17, Art. 2567; No. 50, Art. 7179; 2016, No. 50, Art. 7089; 2017, No. 8, Art. 1245).

2. To the Ministry of Construction and Housing and Communal Services of the Russian Federation:

before September 1, 2017, create an interdepartmental commission to make decisions on reimbursement to creditors (lenders) for housing mortgage loans (loans), mortgage agents operating in accordance with the Federal Law “On Mortgage securities”, on mortgage housing credits (loans), the rights of claim on which are acquired by mortgage agents, and to the joint-stock company “Agency for Housing Mortgage Lending” on mortgage housing credits (loans), the rights of claim on which are acquired by this company, losses (part thereof) incurred as a result of the restructuring of mortgage housing credits (loans) in accordance with the terms of the program of assistance to certain categories of borrowers on mortgage housing credits (loans) who find themselves in a difficult financial situation, approve the regulation on the said commission, the composition and procedure for its work;

send to the Joint Stock Company “Agency for Housing Mortgage Lending” to in due course cash in the amount of 2 billion rubles in accordance with the order of the Government of the Russian Federation of July 25, 2017 N 1579-r as a contribution to the authorized capital of the joint-stock company "Agency for Housing Mortgage Lending" for the purpose of compensating for losses (part thereof) to creditors (lenders) ) on mortgage housing credits (loans), mortgage agents operating in accordance with the Federal Law “On Mortgage Securities”, on mortgage housing credits (loans), the rights of claim on which are acquired by mortgage agents, and to the Joint-Stock Company Agency for Housing Mortgage Lending ” on mortgage housing credits (loans), the rights of claim on which have been acquired by this company, in the event that these mortgage housing credits (loans) are restructured in accordance with the terms of the program of assistance to certain categories of borrowers on mortgage credits (loans) that find themselves in a difficult financial situations.

3. Federal Agency for Management state property ensure, in accordance with the established procedure, an increase in the authorized capital of the joint-stock company Agency for Housing Mortgage Lending by 2 billion rubles by placing additional shares and carry out actions related to the acquisition of the said shares and registration of the property rights of the Russian Federation on them, in accordance with the tripartite agreement between the Ministry of Construction and Housing and Communal Services of the Russian Federation, federal agency for the management of state property and the joint-stock company “Agency for Housing Mortgage Lending”.

4. Recommend to the joint-stock company Agency for Housing Mortgage Lending, before increasing the authorized capital in accordance with paragraph three of clause 2 and clause 3 of this resolution, to direct its own funds in the amount of not more than 500 million rubles to reimburse creditors (lenders) on mortgage housing loans ( loans), mortgage agents operating in accordance with the Federal Law “On Mortgage Securities”, on mortgage housing loans (loans), the rights of claim on which are acquired by mortgage agents, losses (part thereof) resulting from the restructuring on the terms of the program assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, and allow the funds received in accordance with paragraph three of clause 2 of this resolution to be used to reimburse the costs of the Joint-Stock Company "Agency for Housing Mortgage Lending", fuss those who during the implementation of the assistance program for certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation, in accordance with this paragraph.

5. If applications of borrowers for restructuring mortgage housing credits (loans) were received before the entry into force of this resolution, but were not satisfied, compensation for losses (their part) to creditors (lenders) on mortgage housing credits (loans), mortgage agents carrying out activities in accordance with the Federal Law “On Mortgage Securities”, on mortgage housing loans (loans), the rights of claim on which are acquired by mortgage agents, and to the Joint-Stock Company “Agency for Housing Mortgage Lending” on mortgage housing loans (loans), the rights of claim on which acquired by this company, can be carried out in the event of a repeated application of the borrower, subject to the basic conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage housing loans (loans) in a difficult financial situation, as amended by this resolution.

Prime Minister

Russian Federation

D. MEDVEDEV

Approved

Government Decree

Russian Federation

CHANGES, WHICH ARE INCLUDED IN THE MAIN CONDITIONS OF IMPLEMENTATION FOR HOUSING MORTGAGE CREDITS (LOANS) IN A DIFFICULT FINANCIAL SITUATION

The main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation shall be stated as follows:

“Approved

Government Decree

Russian Federation

(as amended by the decision

Government of the Russian Federation

GENERAL TERMS

IMPLEMENTATION OF THE ASSISTANCE PROGRAM FOR CERTAIN CATEGORIES OF BORROWERS

FOR HOUSING MORTGAGE CREDITS (LOANS)

IN A DIFFICULT FINANCIAL SITUATION

1. The main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) in a difficult financial situation (hereinafter referred to as the program) determine the conditions for restructuring mortgage loans (loans) for certain categories of borrowers in a difficult financial situation, and also the terms of compensation to creditors (lenders) under mortgage housing credits (loans), mortgage agents operating in accordance with the Federal Law “On Mortgage Securities”, for mortgage housing credits (loans), the rights of claim on which are acquired by mortgage agents, and joint stock to the company “Agency for Housing Mortgage Lending” on mortgage housing loans (loans), the rights of claim on which were acquired by this company, of losses (part of them) resulting from such restructuring (hereinafter, respectively - creditor, borrower, compensation, restructuring).

2. Reimbursement under the program is carried out on a one-time basis for housing mortgage loans (loans) restructured in accordance with this document, in the manner established by the Joint-Stock Company “Agency for Housing Mortgage Lending”, published on its official website in the information and telecommunications network “Internet”.

3. Losses (their part) of the creditor for each mortgage home loan(loan) restructured in accordance with this document, in the amount by which, as a result of restructuring, in the cases provided for in subparagraph “c” of paragraph 10 of this document, the amount of the borrower’s monetary obligations under loan agreement(loan agreement), but not more than the maximum amount of compensation established by paragraph 6, subject to paragraph 7 of this document.

4. Reimbursement under the program is carried out within Money provided for the implementation of the program.

5. Restructuring is carried out on the basis of the decision of the creditor on the application for restructuring provided by the borrower to the creditor (hereinafter referred to as the application for restructuring).

Restructuring can be carried out by concluding an agreement by the creditor and the borrower (solid and several debtors) on changing the terms of a previously concluded loan agreement (loan agreement), entering into a new loan agreement (loan agreement) for the purpose of full repayment debt on a restructuring mortgage loan (loan), the conclusion of a settlement agreement (hereinafter referred to as the restructuring agreement). The terms of the restructuring agreement must comply with the requirements established by paragraph 10 of this document.

6. The maximum amount of compensation for each restructured mortgage housing credit (loan) is 30 percent of the balance of the credit (loan) amount calculated as of the date of conclusion of the restructuring agreement, but not more than 1,500 thousand rubles, except for the cases provided for in clause 7 of this document.

7. In accordance with the decision of the interdepartmental commission for making decisions on compensation to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law “On Mortgage Securities”, on mortgage housing loans (loans), the rights of claim under which were acquired by mortgage agents, and to the joint-stock company “Agency for Housing Mortgage Lending” on mortgage housing loans (loans), the rights of claim for which were acquired by this company, losses (part thereof) resulting from the restructuring of mortgage housing loans (loans) in in accordance with the terms of the program (hereinafter referred to as the interdepartmental commission), the maximum amount of compensation for each restructured mortgage housing credit (loan) on the basis of the relevant application of the lender to the interdepartmental commission may be increased, but not more than 2 times, in the manner prescribed by the regulation on interdepartmental commissions.

8. Unless otherwise provided herein, as of the date of submission of the application for restructuring, the following conditions must be simultaneously met:

a) the borrower (solidary debtors) is a citizen of the Russian Federation belonging to one of the following categories:

citizens who have one or more minor children or who are guardians (custodians) of one or more minor children;

citizens who are disabled or have disabled children;

citizens who are combat veterans;

b) change in the financial position of the borrower (solidary debtors) - the average monthly total income of the borrower's family (solidary debtors), calculated for 3 months preceding the date of filing an application for restructuring, after deducting the amount of the planned monthly payment on the loan (loan), calculated as of the date preceding the date of filing an application for restructuring, does not exceed twice the amount for each family member of the borrower (solid and several debtor) living wage, established in the constituent entities of the Russian Federation, on the territory of which the persons whose incomes were taken into account in the calculation live. At the same time, the average monthly total income of the borrower's family (solid debtors) in billing period is equal to the sum of the average monthly income of the borrower (solidary debtors) and members of his family, which for the purposes of this subparagraph include the spouse (wife) of the borrower (solidary debtor) and his minor children, including those under his guardianship or guardianship, as well as the persons specified in the fifth paragraph of subparagraph "a" of this paragraph, and the amount of the planned monthly payment on the credit (loan), calculated on the date preceding the date of filing the application for restructuring, has increased by at least 30 percent compared to the amount of the planned monthly payment, calculated on the date conclusion of a loan agreement (loan agreement);

c) the fulfillment of the obligations of the borrower under the loan agreement (loan agreement) is secured by a mortgage of a dwelling located on the territory of the Russian Federation, or a pledge of rights to claim such living quarters arising from the participation agreement in shared construction that meets the requirements federal law“On participation in shared construction apartment buildings and other real estate objects and on amendments to some legislative acts of the Russian Federation” (hereinafter referred to as the agreement on participation in shared construction);

G) total area residential premises, including residential premises, the right of claim to which arises from an agreement on participation in shared construction, the mortgage of which is a security for the fulfillment of the borrower's obligations under a loan agreement (loan agreement), does not exceed 45 sq. meters - for a room with 1 living room, 65 sq. meters - for a room with 2 living rooms, 85 sq. meters - for a room with 3 or more living rooms;

e) residential premises, including residential premises, the right of claim to which arises from an agreement on participation in shared construction, the mortgage of which is a security for the fulfillment of the borrower's obligations under a loan agreement (loan agreement), is (will be) the only housing of the mortgagor. At the same time, in the period starting from the date of entry into force of Decree of the Government of the Russian Federation of April 20, 2015 N 373 “On the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage loans (loans) in a difficult financial situation, and an increase in the authorized of the capital of the joint-stock company "Agency for Housing Mortgage Lending" by the date the borrower submits an application for restructuring, it is allowed to have a total share of the pledger and his family members in the ownership of no more than 1 other residential premises in the amount of not more than 50 percent. For the purposes of this subparagraph, the family members of the pledgor include the spouse of the pledgor and his minor children, including those under his guardianship or guardianship. Compliance with these conditions is confirmed by the application of the borrower in a simple written form. Submission by the borrower of information from the Unified State Register of Real Estate is not required. Joint-stock company The Agency for Housing Mortgage Lending checks the information provided by the borrower in accordance with this subparagraph;

f) the loan agreement (loan agreement) was concluded at least 12 months before the date of filing by the borrower of the application for restructuring, except for cases where the mortgage loan (loan) was granted for the purpose of full repayment of debt on a mortgage housing loan (loan) provided at least than 12 months prior to the date of the borrower's application for restructuring.

9. In case of non-compliance with no more than two conditions provided for in paragraph 8 of this document, the payment of compensation under the program is allowed in accordance with the decision of the interdepartmental commission in the manner prescribed by the regulation on the interdepartmental commission.

10. The restructuring agreement must simultaneously provide for the following conditions:

a) change in the currency of the credit (loan) from foreign currency to Russian rubles at an exchange rate not exceeding the exchange rate of the corresponding currency established by central bank Russian Federation as of the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency);

b) setting the lending rate not higher than 11.5 percent per annum (for credits (loans) denominated in foreign currency) or not higher than the rate in force on the date of conclusion of the restructuring agreement (for credits (loans) denominated in Russian rubles);

c) reduction of monetary obligations of the borrower (solidary debtors) in the amount not less than the maximum amount of compensation established by paragraph 6, subject to paragraph 7 of this document, due to a one-time forgiveness of a part of the loan (loan) amount and (or) change of the credit (loan) currency from a foreign currencies into Russian rubles at a rate below the rate of the corresponding currency established by the Central Bank of the Russian Federation as of the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency);

d) exemption of the borrower (solidary debtors) from payment of the penalty accrued under the terms of the loan agreement (loan agreement), with the exception of the penalty actually paid by the borrower (solidary debtors) and (or) collected on the basis of the legal force court decisions.

11. When concluding a restructuring agreement, it is not allowed to shorten the terms of mortgage housing credits (loans) and (or) charge a commission from the borrower (solidary debtors) by the creditor for actions related to restructuring.

12. All settlements under the program are made in Russian rubles at the rate of the relevant currency established by the Central Bank of the Russian Federation as of the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency)”.

The Government of the Russian Federation decides:

1. Approve the attached changes that are made to the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation, approved by Decree of the Government of the Russian Federation of April 20, 2015 N 373 "On the main conditions for the implementation of the program assistance to certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation, and an increase in the authorized capital of the joint-stock company "Agency for Housing Mortgage Lending" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2015, No. 17, art. 2567; No. 50, art. 7179; 2016, N 50, item 7089; 2017, N 8, item 1245).

2. To the Ministry of Construction and Housing and Communal Services of the Russian Federation:

before September 1, 2017, create an interdepartmental commission to make decisions on reimbursement to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing loans (loans) , the rights of claim for which are acquired by mortgage agents, and to the Joint-Stock Company "Agency for Housing Mortgage Lending" for mortgage housing loans (loans), the rights of claim for which are acquired by this company, losses (part thereof) resulting from the restructuring of mortgage housing loans (loans) in accordance with the terms of the assistance program for certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation, approve the regulation on the said commission, the composition and procedure for its work;

to send funds in the amount of 2 billion rubles to the joint-stock company Agency for Housing Mortgage Lending in accordance with the established procedure in accordance with the order of the Government of the Russian Federation of July 25, 2017 N 1579-r as a contribution to the authorized capital of the joint-stock company Agency for Housing Mortgage Lending "for the purpose of compensating for losses (their part) to creditors (lenders) on mortgage housing credits (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing credits (loans), the rights of claim on which purchased by mortgage agents, and to the Joint Stock Company "Agency for Housing Mortgage Lending" on mortgage housing loans (loans), the rights of claim on which were acquired by this company, in the event that these mortgage housing loans (loans) are restructured in accordance with the terms of the assistance program for certain categories of borrowers on mortgage personal loans (loans) in a difficult financial situation.

3. The Federal Agency for State Property Management shall ensure, in accordance with the established procedure, an increase in the authorized capital of the joint-stock company Agency for Housing Mortgage Lending by 2 billion rubles by placing additional shares and carry out actions related to the acquisition of these shares and registration of the property rights of the Russian Federation on them, in accordance with a tripartite agreement between the Ministry of Construction and Housing and Communal Services of the Russian Federation, the Federal Agency for State Property Management and the Joint Stock Company Agency for Housing Mortgage Lending.

4. Recommend to the joint-stock company Agency for Housing Mortgage Lending, before increasing the authorized capital in accordance with paragraph three of clause 2 and clause 3 of this resolution, to direct its own funds in the amount of not more than 500 million rubles to reimburse creditors (lenders) on mortgage housing loans ( loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing loans (loans), the rights of claim on which are acquired by mortgage agents, losses (part thereof) resulting from the restructuring on the terms of the program assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, and allow the funds received in accordance with paragraph three of clause 2 of this resolution to be used to reimburse the costs of the joint-stock company Agency for Housing Mortgage Lending, fuss those who during the implementation of the assistance program for certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation, in accordance with this paragraph.

5. If applications of borrowers for restructuring mortgage housing credits (loans) were received before the entry into force of this resolution, but were not satisfied, compensation for losses (their part) to creditors (lenders) on mortgage housing credits (loans), mortgage agents carrying out activities in accordance with the Federal Law "On Mortgage Securities", on mortgage housing loans (loans), the rights of claim on which are acquired by mortgage agents, and to the joint-stock company "Agency for Housing Mortgage Lending" on mortgage housing loans (loans), the rights of claim on which acquired by this company, can be carried out in the event of a repeated application by the borrower, subject to the basic conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage housing loans (loans) in a difficult financial situation, as amended by this resolution.

Prime Minister

Russian Federation

D. MEDVEDEV

CHANGES TO THE MAIN CONDITIONS OF THE PROGRAM OF ASSISTANCE TO CERTAIN CATEGORIES OF HOUSING MORTGAGE CREDITS (LOANS) BORROWERS IN DIFFICULT FINANCIAL SITUATION

The main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation shall be stated as follows:

MAIN CONDITIONS FOR THE IMPLEMENTATION OF THE PROGRAM OF ASSISTANCE TO CERTAIN CATEGORIES OF HOUSING MORTGAGE LOANS (LOANS) FINDING IN A DIFFICULT FINANCIAL SITUATION

1. The main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) in a difficult financial situation (hereinafter referred to as the program) determine the conditions for restructuring mortgage loans (loans) for certain categories of borrowers in a difficult financial situation, and also the terms of reimbursement to creditors (lenders) on mortgage housing credits (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing credits (loans), the rights of claim on which are acquired by mortgage agents, and joint-stock to the company "Agency for Housing Mortgage Lending" on mortgage housing loans (loans), the rights of claim on which were acquired by this company, of losses (part thereof) resulting from such restructuring (hereinafter, respectively - creditor, borrower, compensation, restructuring).

2. Reimbursement under the program is carried out on a one-time basis for housing mortgage loans (loans) restructured in accordance with this document, in the manner established by the Joint-Stock Company "Agency for Housing Mortgage Lending", published on its official website in the information and telecommunications network "Internet".

3. Losses (their part) of the creditor on each mortgage housing loan (loan) restructured in accordance with this document are subject to compensation in the amount by which, as a result of restructuring in the cases provided for in subparagraph "c" of paragraph 10 of this document, the amount of monetary obligations of the borrower under the loan agreement (loan agreement), but not more than the maximum amount of compensation established by paragraph 6, taking into account paragraph 7 of this document.

4. Compensation within the framework of the program is carried out within the limits of funds provided for the implementation of the program.

5. Restructuring is carried out on the basis of the decision of the creditor on the application for restructuring provided by the borrower to the creditor (hereinafter referred to as the application for restructuring).

Restructuring can be carried out by concluding an agreement by the creditor and the borrower (solid and several debtors) on changing the terms of a previously concluded loan agreement (loan agreement), entering into a new loan agreement (loan agreement) for the purpose of full repayment of debt on a restructured mortgage housing loan (loan), concluding a settlement agreement (hereinafter referred to as the restructuring agreement). The terms of the restructuring agreement must comply with the requirements established by paragraph 10 of this document.

6. The maximum amount of compensation for each restructured mortgage housing credit (loan) is 30 percent of the balance of the credit (loan) amount calculated as of the date of conclusion of the restructuring agreement, but not more than 1,500 thousand rubles, except for the cases provided for in clause 7 of this document.

7. In accordance with the decision of the interdepartmental commission for making decisions on compensation to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing loans (loans), rights of claim on which were acquired by mortgage agents, and to the joint-stock company "Agency for Housing Mortgage Lending" on mortgage housing loans (loans), the rights of claim on which were acquired by this company, losses (part thereof) resulting from the restructuring of mortgage housing loans (loans) in in accordance with the terms of the program (hereinafter referred to as the interdepartmental commission), the maximum amount of compensation for each restructured mortgage housing loan (loan) on the basis of the relevant application of the lender to the interdepartmental commission may be increased, but not more than 2 times, in the manner prescribed by the regulation on interdepartmental commissions.

8. Unless otherwise provided herein, as of the date of submission of the application for restructuring, the following conditions must be simultaneously met:

a) the borrower (solidary debtors) is a citizen of the Russian Federation belonging to one of the following categories:

citizens who have one or more minor children or who are guardians (custodians) of one or more minor children;

citizens who are disabled or have disabled children;

citizens who are combat veterans;

citizens who are dependent on persons under the age of 24 who are students, students (cadets), graduate students, adjuncts, residents, assistant trainees, interns and full-time students;

b) change in the financial position of the borrower (solidary debtors) - the average monthly total income of the borrower's family (solidary debtors), calculated for 3 months preceding the date of filing an application for restructuring, after deducting the amount of the planned monthly payment on the loan (loan), calculated as of the date preceding date of submission of the application for restructuring, does not exceed for each family member of the borrower (solidary debtor) twice the subsistence level established in the constituent entities of the Russian Federation, in whose territory the persons whose incomes were taken into account in the calculation live. At the same time, the average monthly total income of the family of the borrower (solidary debtors) in the billing period is equal to the sum of the average monthly incomes of the borrower (solidary debtors) and members of his family, which for the purposes of this subparagraph include the spouse (wife) of the borrower (solidary debtor) and his minor children, in including those under his guardianship or guardianship, as well as the persons specified in the fifth paragraph of subparagraph "a" of this paragraph, and the amount of the planned monthly payment on the credit (loan), calculated on the date preceding the date of filing the application for restructuring, has increased by at least by 30 percent compared to the amount of the planned monthly payment calculated as of the date of conclusion of the loan agreement (loan agreement);

c) the fulfillment of the obligations of the borrower under the loan agreement (loan agreement) is secured by a mortgage of a residential premises located on the territory of the Russian Federation, or a pledge of claims to such residential premises arising from an agreement on participation in shared construction that meets the requirements of 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" (hereinafter referred to as the agreement on participation in shared construction);

d) the total area of ​​residential premises, including residential premises, the right of claim to which arises from an agreement on participation in shared construction, the mortgage of which is a security for the fulfillment of the obligations of the borrower under a loan agreement (loan agreement), does not exceed 45 sq. meters - for a room with 1 living room, 65 sq. meters - for a room with 2 living rooms, 85 sq. meters - for a room with 3 or more living rooms;

e) residential premises, including residential premises, the right of claim to which arises from an agreement on participation in shared construction, the mortgage of which is a security for the fulfillment of the borrower's obligations under a loan agreement (loan agreement), is (will be) the only housing of the mortgagor. At the same time, in the period starting from the date of entry into force of Decree of the Government of the Russian Federation of April 20, 2015 N 373 "On the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, and an increase in the charter capital of the joint-stock company "Agency for Housing Mortgage Lending" by the date of the borrower's application for restructuring, it is allowed to have an aggregate share of the pledger and members of his family in the ownership of no more than 1 other residential premises in the amount of not more than 50 percent. the family members of the pledgor include the spouse of the pledgor and his minor children, including those under his guardianship or custody. th society "Agency for Housing Mortgage Lending" checks the information provided in accordance with this subparagraph by the borrower;

f) the loan agreement (loan agreement) was concluded at least 12 months before the date of filing by the borrower of the application for restructuring, except for cases where the mortgage loan (loan) was granted for the purpose of full repayment of debt on a mortgage housing loan (loan) provided at least than 12 months prior to the date of the borrower's application for restructuring.

9. In case of non-compliance with no more than two conditions provided for in paragraph 8 of this document, the payment of compensation under the program is allowed in accordance with the decision of the interdepartmental commission in the manner prescribed by the regulation on the interdepartmental commission.

10. The restructuring agreement must simultaneously provide for the following conditions:

a) change in the currency of the credit (loan) from foreign currency to Russian rubles at an exchange rate not exceeding the exchange rate of the corresponding currency established by the Central Bank of the Russian Federation as of the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency);

b) setting the lending rate not higher than 11.5 percent per annum (for credits (loans) denominated in foreign currency) or not higher than the rate in force on the date of conclusion of the restructuring agreement (for credits (loans) denominated in Russian rubles);

c) reduction of monetary obligations of the borrower (solidary debtors) in the amount not less than the maximum amount of compensation established by paragraph 6, subject to paragraph 7 of this document, due to a one-time forgiveness of a part of the loan (loan) amount and (or) change of the credit (loan) currency from a foreign currencies into Russian rubles at a rate below the rate of the corresponding currency established by the Central Bank of the Russian Federation as of the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency);

d) exemption of the borrower (solidary debtors) from payment of the penalty accrued under the terms of the loan agreement (loan agreement), with the exception of the penalty actually paid by the borrower (solidary debtors) and (or) collected on the basis of a court decision that has entered into legal force.

11. When concluding a restructuring agreement, it is not allowed to shorten the terms of mortgage housing credits (loans) and (or) charge a commission from the borrower (solidary debtors) by the creditor for actions related to restructuring.

12. All settlements under the program are made in Russian rubles at the rate of the relevant currency established by the Central Bank of the Russian Federation as of the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency).".

GOVERNMENT OF THE RUSSIAN FEDERATION

ABOUT FURTHER IMPLEMENTATION

The Government of the Russian Federation decides:

1. Approve the attached changes that are made to the main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) in a difficult financial situation, approved by the Russian Federation of April 20, 2015 N 373 "On the main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation, and an increase in the authorized capital of the joint-stock company "Agency for Housing Mortgage Lending" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2015, No. 17, Art. 2567; No. 50, Art. 7179; 2016, N 50, item 7089; 2017, N 8, item 1245).

2. To the Ministry of Construction and Housing and Communal Services of the Russian Federation:

before September 1, 2017, create an interdepartmental commission to make decisions on reimbursement to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing loans (loans) , the rights of claim for which are acquired by mortgage agents, and to the Joint-Stock Company "Agency for Housing Mortgage Lending" for mortgage housing loans (loans), the rights of claim for which are acquired by this company, losses (part thereof) resulting from the restructuring of mortgage housing loans (loans) in accordance with the terms of the assistance program for certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation, approve the regulation on the said commission, the composition and procedure for its work;

to send funds in the amount of 2 billion rubles to the joint-stock company Agency for Housing Mortgage Lending in accordance with the established procedure in accordance with the order of the Government of the Russian Federation of July 25, 2017 N 1579-r as a contribution to the authorized capital of the joint-stock company Agency for Housing Mortgage Lending "for the purpose of compensating for losses (their part) to creditors (lenders) on mortgage housing credits (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing credits (loans), the rights of claim on which purchased by mortgage agents, and to the Joint Stock Company "Agency for Housing Mortgage Lending" on mortgage housing loans (loans), the rights of claim on which were acquired by this company, in the event that these mortgage housing loans (loans) are restructured in accordance with the terms of the assistance program for certain categories of borrowers on mortgage personal loans (loans) in a difficult financial situation.

3. The Federal Agency for State Property Management shall ensure, in accordance with the established procedure, an increase in the authorized capital of the joint-stock company Agency for Housing Mortgage Lending by 2 billion rubles by placing additional shares and carry out actions related to the acquisition of these shares and registration of the property rights of the Russian Federation on them, in accordance with a tripartite agreement between the Ministry of Construction and Housing and Communal Services of the Russian Federation, the Federal Agency for State Property Management and the Joint Stock Company Agency for Housing Mortgage Lending.

4. Recommend to the joint-stock company Agency for Housing Mortgage Lending, before increasing the authorized capital in accordance with paragraph three of clause 2 and clause 3 of this resolution, to direct its own funds in the amount of not more than 500 million rubles to reimburse creditors (lenders) on mortgage housing loans ( loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing loans (loans), the rights of claim on which are acquired by mortgage agents, losses (part thereof) resulting from the restructuring on the terms of the program assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, and allow the funds received in accordance with paragraph three of clause 2 of this resolution to be used to reimburse the costs of the joint-stock company Agency for Housing Mortgage Lending, fuss those who during the implementation of the assistance program for certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation, in accordance with this paragraph.

5. If applications of borrowers for restructuring mortgage housing credits (loans) were received before the entry into force of this resolution, but were not satisfied, compensation for losses (their part) to creditors (lenders) on mortgage housing credits (loans), mortgage agents carrying out activities in accordance with the Federal Law "On Mortgage Securities", on mortgage housing loans (loans), the rights of claim on which are acquired by mortgage agents, and to the joint-stock company "Agency for Housing Mortgage Lending" on mortgage housing loans (loans), the rights of claim on which acquired by this company, can be carried out in the event of a repeated application by the borrower, subject to the basic conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage housing loans (loans) in a difficult financial situation, as amended by this resolution.

Prime Minister
Russian Federation
D. MEDVEDEV

Approved
Government Decree
Russian Federation
dated August 11, 2017 N 961

CHANGES,
WHICH ARE INCLUDED IN THE MAIN CONDITIONS OF IMPLEMENTATION
ASSISTANCE PROGRAMS FOR CERTAIN CATEGORIES OF BORROWERS
FOR HOUSING MORTGAGE CREDITS (LOANS)
IN A DIFFICULT FINANCIAL SITUATION

The main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation shall be stated as follows:

"Approved
Government Decree
Russian Federation
April 20, 2015 N 373
(as amended by the decision
Government of the Russian Federation
dated August 11, 2017 N 961)

GENERAL TERMS
IMPLEMENTATION OF THE ASSISTANCE PROGRAM FOR CERTAIN CATEGORIES OF BORROWERS
FOR HOUSING MORTGAGE CREDITS (LOANS)
IN A DIFFICULT FINANCIAL SITUATION

1. The main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) in a difficult financial situation (hereinafter referred to as the program) determine the conditions for restructuring mortgage loans (loans) for certain categories of borrowers in a difficult financial situation, and also the terms of reimbursement to creditors (lenders) on mortgage housing credits (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing credits (loans), the rights of claim on which are acquired by mortgage agents, and joint-stock to the company "Agency for Housing Mortgage Lending" on mortgage housing loans (loans), the rights of claim on which were acquired by this company, of losses (part thereof) resulting from such restructuring (hereinafter, respectively - creditor, borrower, compensation, restructuring).

2. Reimbursement under the program is carried out on a one-time basis for housing mortgage loans (loans) restructured in accordance with this document, in the manner established by the Joint-Stock Company "Agency for Housing Mortgage Lending", published on its official website in the information and telecommunications network "Internet".

3. Losses (their part) of the creditor on each mortgage housing loan (loan) restructured in accordance with this document are subject to compensation in the amount by which, as a result of restructuring in the cases provided for in subparagraph "c" of paragraph 10 of this document, the amount of monetary obligations of the borrower under the loan agreement (loan agreement), but not more than the maximum amount of compensation established by paragraph 6, taking into account paragraph 7 of this document.

4. Compensation within the framework of the program is carried out within the limits of funds provided for the implementation of the program.

5. Restructuring is carried out on the basis of the decision of the creditor on the application for restructuring provided by the borrower to the creditor (hereinafter referred to as the application for restructuring).

Restructuring can be carried out by concluding an agreement by the creditor and the borrower (solid and several debtors) on changing the terms of a previously concluded loan agreement (loan agreement), entering into a new loan agreement (loan agreement) for the purpose of full repayment of debt on a restructured mortgage housing loan (loan), concluding a settlement agreement (hereinafter referred to as the restructuring agreement). The terms of the restructuring agreement must comply with the requirements established by paragraph 10 of this document.

6. The maximum amount of compensation for each restructured mortgage housing credit (loan) is 30 percent of the balance of the credit (loan) amount calculated as of the date of conclusion of the restructuring agreement, but not more than 1,500 thousand rubles, except for the cases provided for in clause 7 of this document.

7. In accordance with the decision of the interdepartmental commission for making decisions on compensation to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing loans (loans), rights of claim on which were acquired by mortgage agents, and to the joint-stock company "Agency for Housing Mortgage Lending" on mortgage housing loans (loans), the rights of claim on which were acquired by this company, losses (part thereof) resulting from the restructuring of mortgage housing loans (loans) in in accordance with the terms of the program (hereinafter referred to as the interdepartmental commission), the maximum amount of compensation for each restructured mortgage housing loan (loan) on the basis of the relevant application of the lender to the interdepartmental commission may be increased, but not more than 2 times, in the manner prescribed by the regulation on interdepartmental commissions.

8. Unless otherwise provided herein, as of the date of submission of the application for restructuring, the following conditions must be simultaneously met:

a) the borrower (solidary debtors) is a citizen of the Russian Federation belonging to one of the following categories:

citizens who have one or more minor children or who are guardians (custodians) of one or more minor children;

citizens who are disabled or have disabled children;

citizens who are combat veterans;

citizens who are dependent on persons under the age of 24 who are students, students (cadets), graduate students, adjuncts, residents, assistant trainees, interns and full-time students;

b) change in the financial position of the borrower (solidary debtors) - the average monthly total income of the borrower's family (solidary debtors), calculated for 3 months preceding the date of filing an application for restructuring, after deducting the amount of the planned monthly payment on the loan (loan), calculated as of the date preceding date of submission of the application for restructuring, does not exceed for each family member of the borrower (solidary debtor) twice the subsistence level established in the constituent entities of the Russian Federation, in whose territory the persons whose incomes were taken into account in the calculation live. At the same time, the average monthly total income of the family of the borrower (solidary debtors) in the billing period is equal to the sum of the average monthly incomes of the borrower (solidary debtors) and members of his family, which for the purposes of this subparagraph include the spouse (wife) of the borrower (solidary debtor) and his minor children, in including those under his guardianship or guardianship, as well as the persons specified in the fifth paragraph of subparagraph "a" of this paragraph, and the amount of the planned monthly payment on the credit (loan), calculated on the date preceding the date of filing the application for restructuring, has increased by at least by 30 percent compared to the amount of the planned monthly payment calculated as of the date of conclusion of the loan agreement (loan agreement);

c) the fulfillment of the obligations of the borrower under the loan agreement (loan agreement) is secured by a mortgage of a residential premises located on the territory of the Russian Federation, or a pledge of claims to such residential premises arising from an agreement on participation in shared construction that meets the requirements of 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" (hereinafter referred to as the agreement on participation in shared construction);

d) the total area of ​​residential premises, including residential premises, the right of claim to which arises from an agreement on participation in shared construction, the mortgage of which is a security for the fulfillment of the obligations of the borrower under a loan agreement (loan agreement), does not exceed 45 sq. meters - for a room with 1 living room, 65 sq. meters - for a room with 2 living rooms, 85 sq. meters - for a room with 3 or more living rooms;

e) residential premises, including residential premises, the right of claim to which arises from an agreement on participation in shared construction, the mortgage of which is a security for the fulfillment of the borrower's obligations under a loan agreement (loan agreement), is (will be) the only housing of the mortgagor. At the same time, in the period starting from the date of entry into force of Decree of the Government of the Russian Federation of April 20, 2015 N 373 "On the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, and an increase in the charter capital of the joint-stock company "Agency for Housing Mortgage Lending" by the date of the borrower's application for restructuring, it is allowed to have an aggregate share of the pledger and members of his family in the ownership of no more than 1 other residential premises in the amount of not more than 50 percent. the family members of the pledgor include the spouse of the pledgor and his minor children, including those under his guardianship or custody. th society "Agency for Housing Mortgage Lending" checks the information provided in accordance with this subparagraph by the borrower;

f) the loan agreement (loan agreement) was concluded at least 12 months before the date of filing by the borrower of the application for restructuring, except for cases where the mortgage loan (loan) was granted for the purpose of full repayment of debt on a mortgage housing loan (loan) provided at least than 12 months prior to the date of the borrower's application for restructuring.

9. In case of non-compliance with no more than two conditions provided for in paragraph 8 of this document, the payment of compensation under the program is allowed in accordance with the decision of the interdepartmental commission in the manner prescribed by the regulation on the interdepartmental commission.

10. The restructuring agreement must simultaneously provide for the following conditions:

a) change in the currency of the credit (loan) from foreign currency to Russian rubles at an exchange rate not exceeding the exchange rate of the corresponding currency established by the Central Bank of the Russian Federation as of the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency);

b) setting the lending rate not higher than 11.5 percent per annum (for credits (loans) denominated in foreign currency) or not higher than the rate in force on the date of conclusion of the restructuring agreement (for credits (loans) denominated in Russian rubles);

c) reduction of monetary obligations of the borrower (solidary debtors) in the amount not less than the maximum amount of compensation established by paragraph 6, subject to paragraph 7 of this document, due to a one-time forgiveness of a part of the loan (loan) amount and (or) change of the credit (loan) currency from a foreign currencies into Russian rubles at a rate below the rate of the corresponding currency established by the Central Bank of the Russian Federation as of the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency);

d) exemption of the borrower (solidary debtors) from payment of the penalty accrued under the terms of the loan agreement (loan agreement), with the exception of the penalty actually paid by the borrower (solidary debtors) and (or) collected on the basis of a court decision that has entered into legal force.

11. When concluding a restructuring agreement, it is not allowed to shorten the terms of mortgage housing credits (loans) and (or) charge a commission from the borrower (solidary debtors) by the creditor for actions related to restructuring.

12. All settlements under the program are made in Russian rubles at the rate of the relevant currency established by the Central Bank of the Russian Federation as of the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency).".

Decree of the Government of the Russian Federation of October 25, 2013 N 961 (as amended on December 27, 2018) "On the provision of subsidies for military products to reimburse part of the costs of the VEB.RF development corporation" (together with the "Rules for the provision of subsidies from federal budget Russian)

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

ABOUT PROVISION

SUBSIDIES FROM THE FEDERAL BUDGET TO THE RUSSIAN

FOR ORGANIZATIONS - EXPORTERS OF INDUSTRIAL MILITARY PRODUCTS

APPOINTMENTS FOR THE REFUND OF PART OF INTEREST COSTS

FOR LOANS RECEIVED FROM RUSSIAN CREDIT ORGANIZATIONS

AND IN THE STATE DEVELOPMENT CORPORATION "VEB.RF"

The Government of the Russian Federation decides:

Prime Minister

Russian Federation

D. MEDVEDEV

Approved

Government Decree

Russian Federation

REGULATIONS

PROVISION OF SUBSIDIES FROM THE FEDERAL BUDGET TO RUSSIAN

FOR ORGANIZATIONS - EXPORTERS OF INDUSTRIAL MILITARY PRODUCTS

APPOINTMENTS FOR THE REFUND OF PART OF INTEREST COSTS

FOR LOANS RECEIVED FROM RUSSIAN CREDIT ORGANIZATIONS

AND IN THE STATE DEVELOPMENT CORPORATION "VEB.RF"

1. These Rules establish the goals, conditions and procedure for granting subsidies from the federal budget Russian organizations- exporters of industrial products for military purposes to reimburse part of the costs of paying interest on loans received in Russian credit institutions and in the state development corporation "VEB.RF" (hereinafter, respectively - organizations, subsidies).

2. In these Rules, industrial products for military purposes are understood as products for military purposes in accordance with the legislation of the Russian Federation in the field of military-technical cooperation with foreign states, with the exception of services and results of intellectual activity, including exclusive rights to them (intellectual property), and information in the military-technical field.

3. The subsidy is provided within the budgetary appropriations provided for in the federal law on the federal budget for the corresponding financial year and planning period, and within the limits of budgetary obligations communicated in the prescribed manner to the Ministry of Industry and Trade of the Russian Federation as the recipient of federal budget funds for the purposes specified in paragraph 1 of these Rules.

3(1). Subsidies are provided to organizations subject to the following conditions:

A) the organization of credit resources for the production and (or) export of industrial products for military purposes;

B) timely execution by the organization of loan agreements in the terms and volumes that are established by the relevant loan repayment schedules;

C) as of the date no earlier than 5 calendar days before the date of submission of documents for receiving a subsidy:

The organization does not have an unfulfilled obligation to pay taxes, fees, insurance premiums, penalties, fines, interest payable in accordance with the legislation of the Russian Federation on taxes and fees;

The organization has no arrears on the return to the federal budget of subsidies, budget investments, provided, inter alia, in accordance with other legal acts, and other arrears to the federal budget;

The organization is not in the process of reorganization, liquidation and bankruptcy;

The organization is not a foreign legal entity, as well as a Russian legal entity, in the authorized (share) capital of which the share of participation of foreign legal entities, the place of registration of which is a state or territory included in the list of states and territories approved by the Ministry of Finance of the Russian Federation that provides preferential tax regime taxation and (or) not providing for the disclosure and provision of information during the financial transactions(offshore zones) in relation to such legal entities, in the aggregate exceeds 50 percent;

The Organization did not receive funds from the federal budget on the basis of other regulatory legal acts for the purposes specified in paragraph 1 of these Rules;

The organization has no arrears monetary obligations before the Russian Federation, as defined in Article 93.4 of the Budget Code of the Russian Federation.

4. Subsidies for loans received in the currency of the Russian Federation are provided in the amount of 70 percent of the amount of the organization's expenses for paying interest on the loan in the billing period. At the same time, the amount of the subsidy cannot exceed the amount calculated on the basis of 70 percent of the refinancing rate effective on the date of payment of interest on the loan, the key rate Central Bank Russian Federation (since January 1, 2016), the base indicator calculated in accordance with Decree of the Government of the Russian Federation of July 20, 2016 N 702 "On the application of base indicators when calculating the parameters of subsidizing the interest rate at the expense of the federal budget for loans, bonds loans and (or) leasing agreements depending on the terms of lending, as well as determining the maximum level of the final lending rate, above which the interest rate is not subsidized" (for loans received after January 1, 2017).

5. Subsidies for loans received in foreign currency are provided in rubles at the rate of 70 percent of the amount of the organization's expenses for paying interest on the loan in the billing period based on the ruble exchange rate against foreign currency established by the Central Bank of the Russian Federation on the date of the said expenses. At the same time, the amount of the subsidy provided cannot exceed the amount calculated on the basis of the rate on a loan received in foreign currency in the amount of 8 percent per annum.

6. To receive a subsidy, an organization submits an application to the Ministry of Industry and Trade of the Russian Federation in the form approved by the Ministry, with the following documents attached:

A) certified by a Russian credit institution or the state development corporation "VEB.RF" copies of the loan agreement, loan repayment schedules and payment of interest on it;

B) statements on the loan account of the organization certified by a Russian credit institution or the state development corporation "VEB.RF", confirming the receipt of a loan, as well as documents confirming the timely payment by the organization of the interest accrued by the Russian credit institution or the state development corporation "VEB.RF" for using the loan in accordance with the loan agreement;

C) calculation of the amount of the subsidy in the form in accordance with Annexes No. 1 or (calculations for tranches received under credit line are made separately, taking into account their repayments);

D) copies of contracts for the supply of military industrial products for export and the relevant customs declarations certified by the head and chief accountant (if any) of the organization. In the case of export deliveries of military industrial products under a commission agreement, the organization submits a copy of the contract with foreign person on the supply of these products, certified by the head and chief accountant (if any) of the organization-commission agent, copies of the commission agreements of the organization with the organization-commission agent and the relevant customs declarations, certified by the head and chief accountant (if any) of the organization. If the contract or agreement contains information constituting a state secret, then an extract from it containing the necessary information is submitted;

E) a certificate certified by the head and chief accountant (if any) of the organization confirming the use of loans to fulfill export contracts, indicating the volume of loans attracted and the share of credit resources aimed at exporting military industrial products, containing a financial and economic justification for the need to attract loans;

E) a certificate certified by the head and chief accountant (if any) of the organization containing information on the facts of the application for the purpose of obtaining subsidies in accordance with other regulatory legal acts and the results of their consideration;

G) a notarized copy of the issued Federal Service for military-technical cooperation, a license for the export of military products or an extract from the list of military products intended for export from the Russian Federation approved by the Federal Service for Military-Technical Cooperation;

H) description of the products to be supplied;

i) help tax authority, confirming that the organization, as of the date no earlier than 5 calendar days before the date of submission of documents, has an unfulfilled obligation to pay taxes, fees, insurance premiums, penalties, fines, interest payable in accordance with the legislation of the Russian Federation on taxes and fees, duly certified (if the organization fails to provide the said certificate, the Ministry of Industry and Trade of the Russian Federation requests it independently);

J) a certificate certified by the head and chief accountant (if any) of the organization, confirming the organization's compliance with the requirements specified in paragraphs three to seven of subparagraph "c" of paragraph 3(1) of these Rules.

7. The Ministry of Industry and Trade of the Russian Federation registers the application of the organization with the attached documents. The registration number and date of the application received with the attached documents are entered in a special journal, which must be numbered, laced and sealed by the Ministry.

In case of improper execution of the documents specified in clause 6 of these Rules, the Ministry of Industry and Trade of the Russian Federation, within 30 days from the date of registration, notifies the applicant of this, indicating the violations found. At the same time, consideration of the issue of granting a subsidy is suspended.

Consideration of the issue of granting a subsidy is resumed after the organization eliminates all identified violations. The registration number and date of receipt from the organization of documents with eliminated violations are entered in the journal.

The Ministry of Industry and Trade of the Russian Federation returns the documents to the applicant if the applicant fails to eliminate the identified violations within 30 calendar days from the date of notification.

The subsidy is provided in the order of priority, formed on the basis of the date of receipt of documents that meet the requirements and conditions provided for in paragraphs 3(1) and these Rules.

An organization in respect of which, in accordance with the established procedure, a positive decision was made to provide a subsidy, however, there is no possibility of providing it in the declared amount in the current financial year due to the lack of limits on budget obligations, brought in the prescribed manner to the Ministry of Industry and Trade of the Russian Federation as a recipient of budgetary funds , submits, before March 1, an application for the provision of the unreceived amount of the subsidy in the next financial year. The decision to provide a subsidy is made by the Ministry of Industry and Trade of the Russian Federation within 10 days without re-considering the organization for its compliance with the criteria established for receiving a subsidy, provided that the limits are brought to the Ministry of Industry and Trade of the Russian Federation as a recipient of budgetary funds in the prescribed manner by the date of application budget commitments for the respective year.

8. The decision to provide a subsidy is made by the Ministry of Industry and Trade of the Russian Federation before December 25 of the current financial year.

The amount of the subsidy is determined in accordance with the calculations of the amount of the subsidy in the form in accordance with Annexes No. 1 and.

9. An organization may be denied a subsidy in the following cases:

Non-compliance by the organization with the conditions provided for in clause 3.1 of these Rules;

Non-compliance of the documents submitted by the organization with the requirements provided for in paragraph 6 of these Rules, or non-submission (submission not in full) of these documents;

The presence of inaccurate information in the documents submitted by the organization.

10 - 11. Lost their power. - Decree of the Government of the Russian Federation of February 23, 2018 N 193.

12. The transfer of the subsidy is carried out no later than the 10th business day after the decision is made by the Ministry of Industry and Trade of the Russian Federation to provide a subsidy to the organization's current account opened with an institution of the Central Bank of the Russian Federation or a credit institution.

Information on the amount and timing of the transfer of the subsidy is taken into account by the Ministry of Industry and Trade of the Russian Federation when forming a forecast of cash payments from the federal budget, which is necessary for compiling a cash plan for the execution of the federal budget in the prescribed manner.

13. An indicator of the effectiveness of the provision of a subsidy is the fulfillment of obligations under the current contract (commission agreement) for the supply of military industrial products for export or the conclusion of a new contract (commission agreement) for the supply of military products for export in the year following the year of granting subsidies.

The organization submits no later than June 1 of the year following the reporting financial year, copies of the specified export contracts (commission agreements) in order to confirm the effectiveness of the subsidy.

14. In case of failure to achieve the performance indicator for the provision of a subsidy, provided for in paragraph 13 of these Rules, the subsidy is subject to return to the federal budget within 10 working days from the date of receipt of the relevant request of the Ministry of Industry and Trade of the Russian Federation, sent by registered mail with acknowledgment of receipt.

15. In the event that, based on the results of inspections conducted by the Ministry of Industry and Trade of the Russian Federation and (or) state bodies, financial control, the fact of violation of the goals, conditions and procedure for granting a subsidy, the corresponding funds are subject to return to the federal budget:

A) on the basis of the requirement of the Ministry of Industry and Trade of the Russian Federation no later than the 3rd working day from the date of receipt of the said requirement by the organization;

B) based on the submission and (or) instructions of the state financial control bodies within the time limits established in accordance with the budget legislation of the Russian Federation.

16. The Ministry of Industry and Trade of the Russian Federation shall post on its official website on the information and telecommunications network "Internet" information on the start of accepting applications from organizations for subsidies, as well as information on the termination of acceptance and consideration of applications from organizations for subsidies in the absence of unused budget limits. obligations brought in the prescribed manner to the Ministry of Industry and Trade of the Russian Federation as a recipient of federal budget funds for the purposes specified in paragraph 1 of these Rules.

17. Ministry of Industry and Trade of the Russian Federation and authorized bodies the state financial control are obliged to carry out checks of observance by the organizations of the purposes, conditions and an order of granting subsidies.

Appendix No. 1

from the Russian federal budget

organizations - exporters of industrial

military products

to reimburse part of the costs

to pay interest on loans,

received in Russian credit

organizations and government

development corporation "VEB.RF"

CALCULATION of the amount of the subsidy provided from the federal budget to reimburse part of the cost of paying interest on a loan received in the currency of the Russian Federation (in rubles) _________________________________________________________________________________ (full name of the organization) TIN ____________________ KPP ________________ current account ______________ in ______________________________________________________________________________ (name of the credit institution) BIC ________________________ correspondent account _______________________ Code of the main activity of the organization according to OKVED2 _____________________ ___________________________________________________________________________ (loan purpose) Under loan agreement No. __________________ dated "__" ___________ 20__ in ___________________________________________________________________________ (name of the credit institution) for the period from "__" _________________ 20__ to "__" _______________ 20__ 1. Date p issuing a loan ___________________________________________. 2. The maturity of the loan under the loan agreement _________________________. 3. Loan amount ______________________________________________________________. 4. Interest rate on credit __________________________________________. 5. The key rate (refinancing rate) of the Central Bank of the Russian Federation (base indicator) as of the date of payment of interest on the loan __________________________________________________________________. 6. Date of payment by the organization of interest on the loan _________________________. 7. The share of the loan, aimed at the implementation of the export of industrial products for military purposes, _________________________________ percent.

The balance of the loan debt, on the basis of which the subsidy is calculated

Subsidy amount

Subsidy amount

The amount of the subsidy (the minimum amount taken from columns 3 and , multiplied by the amount specified in paragraph 7 of this Appendix and divided by 100) _______ rubles. Head of the organization Head of the credit organization (authorized person) _____________ _____________ (signature) (full name) (signature) (full name) Chief Accountant organization Chief Accountant (if any) of the credit institution _____________ _____________ (signature) (full name) (signature) (full name) M.P.

Appendix No. 2

to the Rules for granting subsidies

from the Russian federal budget

organizations - exporters of industrial

military products

to reimburse part of the costs

to pay interest on loans,

received in Russian credit

organizations and government

development corporation "VEB.RF"

CALCULATION of the amount of the subsidy provided from the federal budget to reimburse part of the cost of paying interest on a loan received in foreign currency (in rubles) _________________________________________________________________________________ (full name of the organization) TIN ____________________ KPP ________________ settlement account ______________ in _______________________________________________________________________________ (name of credit institution) BIC ________________________ correspondent account _______________________ Code of the main type of activity of the organization according to OKVED2 _____________________ ___________________________________________________________________________ (loan purpose) Under loan agreement No. _______________ dated "__" ___________ 20__ in ___________________________________________________________________________ (name of the credit institution) for the period from "__" _________________ 20__ to "__" _______________ 20__ d. 1. Date of submission I am a loan ___________________________________________. 2. The maturity of the loan under the loan agreement _________________________. 3. Loan amount ______________________________________________________________. 4. Interest rate on the loan __________________________________________. 5. The maximum loan rate used to calculate the maximum reimbursement amount is ________________________________________________________. 6. The exchange rate of the ruble against foreign currency, established by the Central Bank of the Russian Federation on the date of payment by the organization of interest on the loan, _________________________________________________________________. 7. Date of payment by the organization of interest on the loan _______________ percent. 8. The share of the loan, aimed at the implementation of the export of industrial products for military purposes, _________________________________ percent.

The balance of the loan debt, on the basis of which the subsidy is calculated

Number of days of using the loan in the billing period

Subsidy amount

2. Paragraph 11 of the amendments to the acts of the Government of the Russian Federation in connection with the Federal Law "On the Federal Budget for 2006", approved by Decree of the Government of the Russian Federation of February 22, 2006 N 101 "On Measures for the Implementation of the Federal Law "On the Federal budget for 2006" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2006, No. 10, item 1102).

In accordance with paragraph 6 of the Rules for granting subsidies from the federal budget to Russian organizations exporting industrial products for military purposes to reimburse part of the costs of paying interest on loans received from Russian credit institutions and from the State Corporation Development Bank and foreign economic activity(Vnesheconombank)", approved by Decree of the Government of the Russian Federation of October 25, 2013 N 961 (Collected Legislation of the Russian Federation, 2013, N 44, Art. 5760), I order: