Russian Government Decree 961 of 11.08. Mortgage Borrower Assistance Program. New program to help mortgage borrowers - new conditions
The sharp depreciation of the ruble had a negative financial impact on foreign currency borrowers. Some of them are even facing bankruptcy. About what threatens bankruptcy with a mortgage and what will happen to mortgaged apartment You can read the article at the link.
The Russian government adopted a support program in 2015 mortgage borrowers who find themselves in a difficult life situation. This program assistance to mortgage holders prematurely ceased to exist in March 2017 due to the expenditure of allocated funds.
In August 2017, the Government of the Russian Federation, headed by D.A. Medvedev. allocated an additional 2 billion rubles to assist mortgage borrowers. However, the terms of the program changed significantly, and by 2018, the money allocated to help mortgage borrowers ran out again.
In order to further support mortgage holders, the Government of the Russian Federation decided to provide additional funding for this program and in accordance with Government Resolution No. 1175 dated October 3, 2018 " "On the further implementation of the assistance program separate categories borrowers under mortgage housing loans (loans) who find themselves in difficult financial situation", an additional amount of 731 million rubles was allocated.
For reference. The regulatory document regulating the procedure for providing assistance is Decree of the Government of the Russian Federation dated April 20, 2015 N 373 (with amendments and additions in force in 2019) “On the main conditions for the implementation of the assistance program for certain categories of borrowers for housing mortgage loans (loans) who find themselves in difficult financial situation, and increasing authorized capital Joint Stock Company "Agency for Housing Mortgage Lending".
Now we will take a closer look at the new conditions for obtaining support for borrowers with a mortgage loan.
The joint stock company DOM.RF (previously this company was called the Agency for Housing Mortgage Lending) deals with issues of providing assistance in the event of difficulties in repaying mortgage loans.
Assistance is provided in the form of loan restructuring. In this case, restructuring can be carried out either by concluding an agreement between the creditor and the borrower (joint and several debtors) to change the terms of a previously concluded loan agreement(loan agreement), and by concluding a new loan agreement (loan agreement) for the purpose full repayment debt on a restructured mortgage home loan. To conclude debt restructuring, the borrower must submit an application to the credit institution.
Maximum support amount
The maximum amount of compensation for the loan is 30% of the balance of the loan (loan) calculated as of the date of conclusion of the restructuring agreement, but not more than 1.5 million rubles.
At the same time, the interdepartmental commission for making decisions on compensation to creditors (lenders) for mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage securities", for mortgage housing loans (loans), the rights of claim for which were acquired by mortgage agents, and the joint-stock company "DOM.RF" for mortgage housing loans (loans), the rights of claim for which were acquired by this company, losses (part of them) arising in as a result of the restructuring of housing mortgage loans (loans) in accordance with the terms of the program (hereinafter referred to as the interdepartmental commission), the maximum amount of compensation for each restructured housing mortgage loan (loan) based on the corresponding application of the creditor to the interdepartmental commission may be increased, but not more than 2 times, in the manner prescribed by the regulations on the interdepartmental commission.
Duration of the program
Decree of the Government of the Russian Federation dated October 3, 2018 No. 1175 sets the deadline for filing an application for assistance - December 1, 2018. Such applications may be considered later, and in fact assistance on such applications will be provided in the 1st quarter of 2019.
Important. An application for the need for restructuring in accordance with the assistance program must be submitted before December 1, 2018.
Conditions for providing support to mortgage borrowers
Now let's figure out who can get help. In accordance with current legislation, citizens can count on assistance with mortgage difficulties subject to the following conditions being met simultaneously(listed below):
1 mandatory condition - categories of borrowers.
The borrower (joint and several debtors) is a citizen Russian Federation belonging to one of the following categories:
- citizens who have one or more minor children or are guardians (trustees) 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.
Condition 2 - change financial situation borrower (joint and several debtors).
To receive assistance, it is necessary that the average monthly total income of the family of the borrower (joint and several debtors), calculated for 3 months preceding the date of filing the application for restructuring, after deducting the amount of the planned monthly payment for a credit (loan) calculated on the date preceding the date of filing the application for restructuring, does not exceed twice the amount for each family member of the borrower (joint and several debtor) living wage established in the constituent entities of the Russian Federation in whose territory the persons whose income was taken into account in the calculation live.
New condition. At the same time, the average monthly total income of the family of the borrower (joint and several debtors) in billing period equal to the sum of the average monthly income of the borrower (joint and several debtors) and his family members and the amount of the planned monthly payment on the loan (loan), calculated as of 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 of conclusion of the credit agreement (loan agreement).
Thus, Despite the fact that the assistance program is designed not only for foreign currency borrowers, its condition of increasing the monthly payment by 30% suggests that this program will be able to benefit mainly from citizens who have taken out a mortgage in foreign currency.
Condition 3 – location of the property and official registration of the mortgage.
According to current requirements the object must be located on the territory of Russia, and must also be registered as collateral. Read about the procedure for applying for a mortgage in the article at the link.
Condition 4 – requirements for room area.
Assistance is provided if the residential premises, including residential premises, the right of claim to which arises from the share participation 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/
For reference. Condition on the minimum cost of 1 sq. meters of total area is excluded.
Condition 5 – the only housing.
Assistance is provided only if available the only home. In this case, it is allowed to have a total share of the mortgagor and his family members in the ownership of no more than 1 other residential premises in the amount of no more than 50 percent.
Important. Compliance with these conditions is confirmed by a simple written statement from the borrower. Submission by the borrower of information from the Unified state register no real estate required. Joint-Stock Company"Mortgage Agency housing lending" carries out verification of the information provided by the borrower in accordance with this subparagraph.
Condition 6 – term for concluding the loan agreement.
Support is provided only for those loans for which the agreement was concluded at least 12 months before the date the borrower submits an application for restructuring, except in cases where mortgage(loan) was provided for the purpose of full repayment of debt on a residential mortgage loan (loan) provided at least 12 months before the date the borrower submitted an application for restructuring.
New exceptions. Clause 9 of the new Conditions of the program (as amended by Decree of the Government of the Russian Federation dated August 11, 2017 N 961) stipulates that in the event of non-compliance with no more than two conditions provided for in clause 8 of this document, payment of compensation under the program is allowed in accordance with the decision of the interdepartmental commission in the manner provided for by the regulations on the interdepartmental commission.
Mortgage Borrower Support Form
In order to receive assistance, the bank must provide for the following changes in the terms of the mortgage loan:
Which banks provide assistance to mortgage borrowers?
Acceptance of documents to assist borrowers within state program carried out by the main banks of the Russian Federation. These include:
Sberbank, Gazprombank, VTB 24, Rosselkhozbank, Bank of Moscow, UniCredit Bank, Promsvyazbank, ROSBANK, BINBANK, Absolut Bank, Avtogradbank, AK BARS, AKIBANK, GLOBEXBANK, Far Eastern Bank, Zapsibkombank, Bank ZENIT, Izhkombank, Krayinvestbank, Kurskprombank, LOKO-Bank , METCOMBANK, MTS-Bank, OTP Bank, Primsotsbank, RosEvroBank, Svyaz-Bank, Sobinbank, Center-invest.
Let us remind you that in order to obtain a restructuring, you must contact the bank that issued the mortgage loan, and then the bank itself will contact the Agency for Housing Mortgage Lending. Therefore, if all of the above conditions are met in the application to the bank, it would not be out of place to refer to Decree of the Government of the Russian Federation dated April 20, 2015 N 373.
Please note that the program does not provide for complete exemption of the borrower from making monthly loan payments, from paying fines, penalties and penalties accrued under the terms of the loan agreement (loan agreement). The lender may consider partially or completely writing off fines, penalties and penalties for late payments incurred during the period of deterioration in the borrower’s solvency. However, according to the assistance program approved by the Government of the Russian Federation, he is not obliged to do this. In addition, the program does not provide for the release of the borrower from property and title insurance obligations, and personal insurance, the conditions for which are specified in the current loan agreement.
To receive support, you must submit to the bank from which the mortgage loan was obtained an application with a list of documents provided by JSC AHML (DOM.RF).
The limitation on the validity period of the assistance program for mortgage borrowers who find themselves in a difficult financial situation has been canceled
Amendments made to the Basic Provisions for the implementation of the assistance program for certain categories of borrowers for residential mortgage loans, including:
The limitation on the validity period of the Program has been canceled (previously, the validity period of the Program applied to restructuring agreements concluded before May 31, 2017);
The maximum amount of compensation 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 can be increased by decision the interdepartmental commission formed to make decisions on compensation to creditors, mortgage agents, JSC AHML for losses incurred as a result of the restructuring of residential mortgage loans in accordance with the terms of the Program, no more than 2 times);
stipulated in the restructuring agreement mandatory condition on establishing the lending rate for the entire loan term not higher than 11.5 percent per annum (previously not higher than 12 percent per annum) for loans denominated in foreign currency.
Previously, by Order of the Government of the Russian Federation dated July 25, 2017 N 1579-r, 2 billion rubles of budgetary allocations were allocated for the implementation of the Program. Now these funds are directed to the authorized capital of JSC AHML for the purpose of compensation for losses incurred.
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GOVERNMENT OF THE RUSSIAN FEDERATION RESOLUTION ABOUT FURTHER IMPLEMENTATION |
The Government of the Russian Federation decides:
1. Approve the attached changes that are being made to the main conditions for the implementation of the program of assistance to certain categories of borrowers for housing mortgage 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 for housing mortgage loans (loans) who find themselves in a difficult financial situation, and increasing the authorized capital of the joint-stock company “Housing Mortgage Lending Agency” (Collected Legislation of the Russian Federation, 2015, N 17, Art. 2567; N 50, Art. 7179; 2016, No. 50, Art. 7089; 2017, No. 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 compensation to creditors (lenders) for housing mortgage loans (loans), mortgage agents operating in accordance with the Federal Law “On Mortgage Securities” for housing mortgage loans (loans) , the rights of claim for which were acquired by mortgage agents, and the joint stock company “House Mortgage Lending Agency” for housing mortgage loans (loans), the rights of claim for which were acquired by this company, losses (part of them) arising as a result of the restructuring of housing mortgage loans (loans) in accordance with the terms of the assistance program for certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation, approve the regulations on the said commission, the composition and procedure for its work;
send to the joint-stock company “Housing Mortgage Lending Agency” in the prescribed manner funds in the amount of 2 billion rubles in accordance with the order of the Government of the Russian Federation dated July 25, 2017 N 1579-r as a contribution to the authorized capital of the joint-stock company “Housing Mortgage Lending Agency” ” for the purpose of compensation for losses (part of them) to creditors (lenders) for residential mortgage loans (loans), mortgage agents operating in accordance with the Federal Law “On Mortgage Securities”, for residential mortgage loans (loans), the rights of claim for which acquired by mortgage agents, and to the joint stock company “House Mortgage Lending Agency” for housing mortgage loans (loans), the rights of claim for 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 for residential mortgage loans (loans) that find themselves in a difficult financial situation.
3. The Federal Agency for State Property Management shall ensure, in the prescribed manner, an increase in the authorized capital of the joint-stock company “Housing Mortgage Lending Agency” by 2 billion rubles by placing additional shares and carry out actions related to the acquisition of these shares and registration of ownership of them by the Russian Federation, 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. To recommend to the joint stock company “Housing Mortgage Lending Agency”, before increasing the authorized capital in accordance with paragraph three of paragraph 2 and paragraph 3 of this resolution, to direct its own funds in the amount of no more than 500 million rubles to reimburse creditors (lenders) for residential mortgage loans ( loans), mortgage agents operating in accordance with the Federal Law “On Mortgage Securities”, for residential mortgage loans (loans), the rights of claim for which were acquired by mortgage agents, losses (parts thereof) arising as a result of restructuring under the terms of the program assistance to certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation, and to allow the funds received in accordance with paragraph three of paragraph 2 of this resolution to be used to reimburse the costs of the joint-stock company “Housing Mortgage Lending Agency” incurred during the implementation of the assistance program certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation, in accordance with this paragraph.
5. If borrowers’ applications for restructuring of housing mortgage loans (loans) were received before the entry into force of this resolution, but were not satisfied, compensation for losses (part of them) to creditors (lenders) for housing mortgage loans (loans), mortgage agents carrying out activities in accordance with the Federal Law “On Mortgage Securities”, for residential mortgage loans (loans), the rights of claim for which were acquired by mortgage agents, and the joint-stock company “House Mortgage Lending Agency” for housing mortgage loans (loans), the rights of claim for which acquired by this company, can be carried out in the event of a repeated application by the borrower, subject to compliance with the basic conditions for the implementation of the program of assistance to certain categories of borrowers for residential mortgage loans (loans) who find themselves in a difficult financial situation, as amended by this resolution.
Chairman of the Government
Russian Federation
D.MEDVEDEV
Approved
Government resolution
Russian Federation
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CHANGES, WHICH ARE INTRODUCED TO THE BASIC CONDITIONS OF IMPLEMENTATION FOR HOUSING MORTGAGE LOANS (LOANS) PROVIDED IN A DIFFICULT FINANCIAL SITUATION |
The main conditions for the implementation of the assistance program for certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation are stated as follows:
“Approved
Government resolution
Russian Federation
(as amended by the resolution
Government of the Russian Federation
BASIC TERMS
IMPLEMENTATION OF THE ASSISTANCE PROGRAM FOR SPECIFIC CATEGORIES OF BORROWERS
FOR HOUSING MORTGAGE LOANS (LOANS) PROVIDED
IN A DIFFICULT FINANCIAL SITUATION
1. The main conditions for the implementation of the program of assistance to certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation (hereinafter referred to as the program) determine the conditions for the restructuring of housing mortgage loans (loans) for certain categories of borrowers who find themselves in a difficult financial situation, and also the conditions for compensation to creditors (lenders) for residential mortgage loans (loans), mortgage agents operating in accordance with the Federal Law “On Mortgage Securities”, for residential mortgage loans (loans), the rights of claim for which were acquired by mortgage agents, and joint stock to the company “Housing Mortgage Lending Agency” for residential mortgage loans (loans), the rights of claim for which were acquired by this company, losses (parts thereof) arising as a result of such restructuring (hereinafter referred to as lender, borrower, compensation, restructuring, respectively).
2. Reimbursement under the program is made one-time for residential mortgage loans (loans) restructured in accordance with this document, in the manner established by the joint-stock company “Housing Mortgage Lending Agency”, published on its official website on the Internet information and telecommunications network.
3. Losses (part thereof) of the creditor for 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 money is reduced obligations of the borrower under the credit agreement (loan agreement), but not more than the maximum amount of compensation established by clause 6 taking into account clause 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 creditor’s decision on the restructuring application submitted by the borrower to the creditor (hereinafter referred to as the restructuring application).
Restructuring can be carried out by concluding an agreement between the creditor and the borrower (joint and several debtors) to change the terms of a previously concluded credit agreement (loan agreement), concluding a new credit agreement (loan agreement) for the purpose of full repayment of debt on a restructured mortgage 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 loan (loan) is 30 percent of the balance of the loan (loan) 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 paragraph 7 of this document.
7. In accordance with the decision of the interdepartmental commission for making decisions on compensation to creditors (lenders) for residential mortgage loans (loans), mortgage agents operating in accordance with the Federal Law “On Mortgage Securities” for residential mortgage loans (loans), the rights of claim for which were acquired by mortgage agents, and the joint stock company “House Mortgage Lending Agency” for housing mortgage loans (loans), the rights of claim for which were acquired by this company, losses (part of them) arising as a result of the restructuring of housing mortgage 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) based on the corresponding application of the creditor to the interdepartmental commission can be increased, but not more than 2 times, in the manner prescribed by the regulations on the interdepartmental commission commissions.
8. Unless otherwise provided by this document, as of the date of filing the restructuring application, the following conditions must be simultaneously met:
a) the borrower (joint and several debtors) is a citizen of the Russian Federation belonging to one of the following categories:
citizens who have one or more minor children or are guardians (trustees) of one or more minor children;
citizens who are disabled or have disabled children;
citizens who are combat veterans;
b) change in the financial situation of the borrower (joint and several debtors) - the average monthly total income of the family of the borrower (joint and several debtors), calculated for 3 months preceding the date of filing the application for restructuring, after deducting the amount of the planned monthly loan payment, calculated for the date preceding date of filing the application for restructuring, does not exceed for each family member of the borrower (joint and several debtor) twice the minimum subsistence level established in the constituent entities of the Russian Federation in whose territory the persons whose income was taken into account in the calculation live. In this case, the average monthly total income of the family of the borrower (joint and several debtors) in the calculation period is equal to the sum of the average monthly income of the borrower (joint and several debtors) and members of his family, which for the purposes of this subclause includes the spouse of the borrower (joint and several debtor) and his minor children, in including those under his guardianship or trusteeship, as well as persons specified in paragraph five of subparagraph “a” of this paragraph, and the amount of the planned monthly payment on the loan (loan), calculated as of the date preceding the date of filing the application for restructuring, has increased by no less than by 30 percent compared to the amount of the planned monthly payment calculated on the date of conclusion of the credit agreement (loan agreement);
c) security for the fulfillment of the borrower’s obligations under a credit agreement (loan agreement) is a mortgage of a residential premises located on the territory of the Russian Federation, or a pledge of rights of claim to such residential premises arising from an agreement for participation in shared construction, meeting the requirements of the Federal Law “On participation in shared construction apartment buildings and other real estate and on making changes to some legislative acts Russian Federation” (hereinafter referred to as the agreement for participation in shared construction);
d) the total area of residential premises, including residential premises, the right of claim to which arises from an agreement for participation in shared construction, the mortgage of which is security for the fulfillment of the borrower’s obligations under the credit agreement (loan agreement), does not exceed 45 square meters. 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 for participation in shared construction, the mortgage of which is security for the fulfillment of the borrower’s obligations under the credit 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 the 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 for housing mortgage 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” on the date the borrower submits an application for restructuring, it is allowed to have a total share of the mortgagor and his family members in the ownership of no more than 1 other residential premises in the amount of no more than 50 percent. For the purposes of this subclause, family members of the mortgagor include the spouse of the mortgagor and his minor children, including those under his guardianship or trusteeship. Compliance with these conditions is confirmed by a simple written statement from the borrower. The borrower is not required to provide information from the Unified State Register of Real Estate. Joint Stock Company “Housing Mortgage Lending Agency” verifies the information provided by the borrower in accordance with this subparagraph;
f) the credit agreement (loan agreement) was concluded at least 12 months before the date the borrower submits an application for restructuring, except for cases where the mortgage loan (loan) was provided for the purpose of full repayment of debt on a housing mortgage loan (loan) provided at least than 12 months before the date the borrower submits the restructuring application.
9. In case of non-compliance with no more than two conditions provided for in paragraph 8 of this document, payment of compensation under the program is allowed in accordance with the decision of the interdepartmental commission in the manner prescribed by the regulations on the interdepartmental commission.
10. The restructuring agreement must simultaneously provide for the following conditions:
a) changing the currency of the loan (loan) from foreign currency to Russian rubles at a rate not higher than the rate of the corresponding currency established Central Bank Russian Federation as of the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency);
b) establishing 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 concluding the restructuring agreement (for credits (loans) denominated in Russian rubles);
c) reduction of the monetary obligations of the borrower (joint and several debtors) in the amount of not less than the maximum amount of compensation established by paragraph 6 taking into account paragraph 7 of this document, due to a one-time forgiveness of part of the credit (loan) amount and (or) changing the currency of the credit (loan) from a foreign one currencies for Russian rubles at a rate lower than the rate of the corresponding currency established by the Central Bank of the Russian Federation on the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency);
d) exemption of the borrower (joint and several debtors) from paying the penalty accrued under the terms of the credit agreement (loan agreement), with the exception of the penalty actually paid by the borrower (joint and several 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 reduce the terms of mortgage housing loans (loans) and (or) charge the creditor from the borrower (joint and several debtors) of a commission for actions related to the restructuring.
12. All payments under the program are carried out in Russian rubles at the rate of the corresponding currency established by the Central Bank of the Russian Federation on the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency).
Hello! I know that since August 11, 2017, by Decree of the Russian Federation No. 961, the possibility of restructuring a mortgage loan (well, help from the state) has been introduced. I called the bank and they said, sorry, we don’t have any orders from Moscow yet. Do they have the right to refuse my application to restructure my mortgage?
Lawyer Antonov A.P.
Hello. They do not have the right not to accept the application (refuse to accept the application), but they do have the right to satisfy your request or not. Indeed, by Decree of the Government of the Russian Federation dated August 11, 2017 No. 961 “On the further implementation of the assistance program for certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation” on August 14, 2017, changes were made to the basic conditions for the implementation of the assistance program for individual categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation, approved by Decree of the Government of the Russian Federation dated April 20, 2015 No. 373 “On the main conditions for the implementation of the assistance program for certain categories of borrowers for housing mortgage loans (loans) who find themselves in difficult financial situation, and increasing the authorized capital of the joint-stock company "Agency for Housing Mortgage Lending". The program itself is provided for certain categories of borrowers for housing mortgage loans (loans), that is, for those who find themselves in a difficult financial situation, which must be documented and fall within the criteria of this program.
In particular, as of the date of filing the restructuring application, the following conditions must be simultaneously met:
a) the borrower (joint and several debtors) is a citizen of the Russian Federation belonging to one of the following categories: citizens who have one or more minor children or are guardians (trustees) 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 situation of the borrower (joint and several debtors) - the average monthly total income of the family of the borrower (joint and several debtors), calculated for 3 months preceding the date of filing the application for restructuring, after deducting the amount of the planned monthly loan payment, calculated for the date preceding date of filing the application for restructuring, does not exceed for each family member of the borrower (joint and several debtor) twice the minimum subsistence level established in the constituent entities of the Russian Federation in whose territory the persons whose income was taken into account in the calculation live. In this case, the average monthly total income of the family of the borrower (joint and several debtors) in the calculation period is equal to the sum of the average monthly income of the borrower (joint and several debtors) and members of his family, which for the purposes of this subclause includes the spouse of the borrower (joint and several debtor) and his minor children, in including those under his guardianship or trusteeship, as well as persons specified in paragraph five of subparagraph “a” of this paragraph, and the amount of the planned monthly payment on the loan (loan), calculated as of the date preceding the date of filing the application for restructuring, has increased by no less than by 30 percent compared to the amount of the planned monthly payment calculated on the date of conclusion of the credit agreement (loan agreement);
c) securing the fulfillment of the borrower’s obligations under a credit agreement (loan agreement) is a mortgage of a residential premises located on the territory of the Russian Federation, or a pledge of rights of claim to such residential premises arising from an agreement for participation in shared construction that meets the requirements of the Federal Law “On Participation in Shared Construction”. construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation" (hereinafter referred to as the agreement for participation in shared construction);
d) the total area of residential premises, including residential premises, the right of claim to which arises from an agreement for participation in shared construction, the mortgage of which is security for the fulfillment of the borrower’s obligations under the credit agreement (loan agreement), does not exceed 45 square meters. 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 for participation in shared construction, the mortgage of which is security for the fulfillment of the borrower’s obligations under the credit 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 the Decree of the Government of the Russian Federation of April 20, 2015 No. 373 “On the main conditions for the implementation of the program of assistance to certain categories of borrowers for housing mortgage 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" on the date the borrower submits an application for restructuring, it is allowed to have a total share of the mortgagor and his family members in the ownership of no more than 1 other residential premises in the amount of no more than 50 percent. For the purposes of this subclause, family members of the mortgagor include the spouse of the mortgagor and his minor children, including those under his guardianship or trusteeship. Compliance with these conditions is confirmed by a simple written statement from the borrower. The borrower is not required to provide information from the Unified State Register of Real Estate. Joint Stock Company "Housing Mortgage Lending Agency" verifies the information provided by the borrower in accordance with this subparagraph;
f) the credit agreement (loan agreement) was concluded at least 12 months before the date the borrower submits an application for restructuring, except for cases where the mortgage loan (loan) was provided for the purpose of full repayment of debt on a housing mortgage loan (loan) provided at least than 12 months before the date the borrower submits the restructuring application.
The changes will make it possible to restructure at least 1.3 thousand loans (loans).
Sincerely, lawyer Anatoly Antonov.
Decree of the Government of the Russian Federation dated 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 development corporation "VEB.RF" (together with the "Rules for the provision of subsidies from federal budget Russian)
GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
ABOUT PROVISION
SUBSIDY FROM THE FEDERAL BUDGET TO RUSSIANS
TO ORGANIZATIONS EXPORTING INDUSTRIAL PRODUCTS OF THE MILITARY
ASSIGNMENTS FOR RECOVERY OF PART OF THE COSTS FOR PAYING INTEREST
FOR LOANS RECEIVED FROM RUSSIAN CREDIT ORGANIZATIONS
AND IN THE STATE DEVELOPMENT CORPORATION "VEB.RF"
The Government of the Russian Federation decides:
Chairman of the Government
Russian Federation
D.MEDVEDEV
Approved
Government resolution
Russian Federation
RULES
PROVIDING SUBSIDIES FROM THE FEDERAL BUDGET TO RUSSIAN
TO ORGANIZATIONS EXPORTING INDUSTRIAL PRODUCTS OF THE MILITARY
ASSIGNMENTS FOR RECOVERY OF PART OF THE COSTS FOR PAYING INTEREST
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 providing subsidies from the federal budget Russian organizations- exporters industrial products military purposes to reimburse part of the costs of paying interest on loans received from Russian credit organizations and from the state development corporation "VEB.RF" (hereinafter referred to as organizations, subsidies, respectively).
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 on them (intellectual property), and information in the military-technical field.
3. The subsidy is provided within the budgetary allocations provided for in federal law on the federal budget for the corresponding financial year and planning period, and the limits of budget 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 directs credit resources for the production and (or) export of industrial products for military purposes;
B) timely execution by the organization of loan agreements within the terms and volumes established by the relevant loan repayment schedules;
C) as of the date no earlier than 5 calendar days before the day of submission of documents to receive 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 overdue debt for the return of subsidies and budget investments to the federal budget, including those provided in accordance with other legal acts, and other overdue debts to the federal budget;
The organization is not in the process of reorganization, liquidation or bankruptcy;
The organization is not a foreign legal entity, nor a Russian legal entity, in the authorized (share) capital of which there is a 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 providing preferential benefits approved by the Ministry of Finance of the Russian Federation tax regime taxation and (or) not providing for the disclosure and provision of information when conducting 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 overdue debt monetary obligations before the Russian Federation, 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 costs for paying interest on the loan in the billing period. In this case, the amount of the subsidy cannot exceed the amount calculated based on 70 percent of the refinancing rate in force on the date of payment of interest on the loan, key rate Central Bank Russian Federation (from January 1, 2016), the basic indicator calculated in accordance with the Decree of the Government of the Russian Federation dated July 20, 2016 N 702 “On the use of basic indicators when calculating subsidy parameters interest rate at the expense of federal budget funds for loans, bond issues and (or) leasing agreements, depending on the terms of the loan, 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 organization’s costs 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 these costs. In this case, the amount of the subsidy provided cannot exceed the amount calculated based on 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 a form approved by the Ministry, with the following documents attached:
A) certified by 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 of the organization's loan account certified by a Russian credit organization or the state development corporation "VEB.RF", confirming receipt of the loan, as well as documents confirming the timely payment by the organization of the interest accrued by the Russian credit organization 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 Appendix No. 1 or (calculations for tranches received under the credit line are made separately, taking into account their repayments);
D) copies of contracts for the supply of military industrial products for export and corresponding customs declarations certified by the head and chief accountant (if any) of the organization. In the case of supplies for export of industrial products for military purposes under a commission agreement, the organization submits a copy of the contract with foreign person on the supply of the specified products, certified by the head and chief accountant (if any) of the commission agent organization, copies of the organization's commission agreements with the commission agent organization and the corresponding customs declarations, certified by the head and chief accountant (if any) of the organization. If a 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 raised and the share of loan 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 about the facts of the application for the purpose of receiving 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 supplied products;
I) certificate 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, certified in the prescribed manner (if the organization fails to provide this certificate, the Ministry of Industry and Trade of the Russian Federation requests it independently);
K) a certificate certified by the director 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 organization’s application with the attached documents. The registration number and date of the received application with the attached documents are entered in a special journal, which must be numbered, laced and sealed with the seal of the Ministry.
In case of improper execution of the documents specified in paragraph 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 about this, indicating the identified violations. In this case, consideration of the issue of providing a subsidy is suspended.
Consideration of the issue of providing a subsidy is resumed after the organization eliminates all identified violations. The registration number and date of receipt from the organization of documents with corrected violations are entered in the journal.
The Ministry of Industry and Trade of the Russian Federation returns documents to the applicant if the applicant fails to eliminate the identified violations within 30 calendar days from the date of notification.
The provision of subsidies is carried out in the order of priority, formed based on 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 a positive decision has been made to provide a subsidy in the prescribed manner, but there is no possibility of providing it in the declared amount in the current financial year due to the lack of limits on budgetary obligations communicated in the prescribed manner to the Ministry of Industry and Trade of the Russian Federation as the recipient budget funds, submits, before March 1, an application for the provision of the unreceived amount of subsidies 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 reconsideration organization for its compliance with the criteria established for receiving a subsidy, provided that the limits of budget obligations for the corresponding year are communicated to the Ministry of Industry and Trade of the Russian Federation as the recipient of budget funds in the prescribed manner on the date of submission of the application.
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 Appendices No. 1 and.
9. An organization may be denied a subsidy in the following cases:
Failure of the organization to comply with the conditions provided for in paragraph 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 failure to submit (submission incomplete) of these documents;
The presence of inaccurate information in the documents submitted by the organization.
10 - 11. Lost power. - Decree of the Government of the Russian Federation dated February 23, 2018 N 193.
12. The transfer of the subsidy is carried out no later than the 10th working day after the Ministry of Industry and Trade of the Russian Federation makes a decision 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 organization.
Information on the amount and timing of subsidy transfers 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 drawing up a cash plan for the execution of the federal budget in the prescribed manner.
13. An indicator of the effectiveness of providing a subsidy is the fulfillment of obligations under a contract (commission agreement) valid in the current period 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 provision 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. If the subsidy performance indicator provided for in paragraph 13 of these Rules is not achieved, the subsidy is subject to return to the federal budget within 10 working days from the date of receipt of the corresponding request of the Ministry of Industry and Trade of the Russian Federation, sent by registered mail with return receipt requested.
15. If, based on the results of inspections carried out by the Ministry of Industry and Trade of the Russian Federation and (or) state financial control bodies, a violation of the goals, conditions and procedure for providing a subsidy is established, the corresponding funds are subject to return to the federal budget:
A) based on 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 specified requirement by the organization;
B) on the basis of a submission and (or) order from state financial control bodies within the time limits established in accordance with the budgetary legislation of the Russian Federation.
16. The Ministry of Industry and Trade of the Russian Federation publishes on its official website on the Internet information and telecommunications network information about the beginning of accepting applications from organizations for subsidies, as well as information about the termination of acceptance and consideration of applications from organizations for subsidies in the absence of unused budget limits 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.
17. Ministry of Industry and Trade of the Russian Federation and authorized bodies State financial control is obliged to check whether organizations comply with the goals, conditions and procedure for providing subsidies.
Appendix No. 1
from the federal budget to the Russian
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 a 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 organization) BIC ________________________ correspondent account _______________________ Code of the main type of activity of the organization according to OKVED2 _____________________ ______________________________________________________________________________ (purpose of the loan) Under the loan agreement No. __________________ dated "__" ___________ 20__ to ______________________________________________________________________________ (name of the credit institution) for the period from "__" _________________ 20__ to "__" _______________ 20__ 1. Date of loan provision ___________________________________________.7. The share of the loan aimed at exporting industrial products for military purposes is _________________________________ percent.
The balance of the loan debt, on the basis of which the subsidy is calculated
from the federal budget to the Russian
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 a 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 ________________ current account ______________ in _________________________________________________________________________ (name of the credit organization) BIC ________________________ correspondent account _______________________ Code of the main activity of the organization according to OKVED2 _____________________ ______________________________________________________________________________ (purpose of the loan) Under the loan agreement No. _______________ dated "__" ___________ 20__ to ________________________________________________________________________ (name of the credit institution) for the period from "__" _________________ 20__ to "__" _______________ 20__ d. 1. Date of loan provision _________________________________________________.1. These Rules establish the goals, conditions and procedure for providing subsidies from the federal budget to Russian organizations - exporters of military industrial products to reimburse part of the costs of paying interest on loans received from Russian credit organizations and from the state development corporation "VEB.RF" (hereinafter referred to as respectively - organizations, subsidies).
(as amended by Resolutions of the Government of the Russian Federation dated February 23, 2018 N 193, dated December 27, 2018 N 1697)
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 limits of budgetary allocations provided for in the federal law on the federal budget for the corresponding financial year and planning period, and 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.
(clause 3 as amended by Decree of the Government of the Russian Federation dated February 23, 2018 N 193)
3(1). Subsidies are provided to organizations subject to the following conditions:
a) the organization directs credit resources for the production and (or) export of industrial products for military purposes;
b) timely execution by the organization of loan agreements within the terms and volumes established by the relevant loan repayment schedules;
c) as of the date no earlier than 5 calendar days before the day of submission of documents to receive a subsidy:
the organization has no outstanding 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 overdue debt to return subsidies to the federal budget, budget investments provided, including in accordance with other legal acts, and other overdue debt to the federal budget;
the organization is not in the process of reorganization, liquidation or bankruptcy;
the organization is not a foreign legal entity, as well as a Russian legal entity, in the authorized (share) capital of which there is a 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 providing preferential tax treatment approved by the Ministry of Finance of the Russian Federation taxation and (or) not providing for the disclosure and provision of information when conducting financial transactions (offshore zones) in relation to such legal entities, in total 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 overdue debt on monetary obligations to the Russian Federation, defined in Article 93.4 of the Budget Code of the Russian Federation.
(clause 3(1) introduced by Decree of the Government of the Russian Federation dated February 23, 2018 N 193)
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 costs for paying interest on the loan in the billing period. In this case, the amount of the subsidy cannot exceed the amount calculated based on 70 percent of the refinancing rate in effect on the date of payment of interest on the loan, the key rate of the Central Bank of the Russian Federation (from January 1, 2016), the basic indicator calculated in accordance with the resolution of the Government of the Russian Federation dated July 20, 2016 N 702 “On the use of basic indicators when calculating the parameters for subsidizing the interest rate from the federal budget for loans, bond issues and (or) leasing agreements depending on the terms of the loan, 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).
(clause 4 as amended by Decree of the Government of the Russian Federation dated February 23, 2018 N 193)
5. Subsidies for loans received in foreign currency are provided in rubles at the rate of 70 percent of the organization’s costs 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 these costs. In this case, the amount of the subsidy provided cannot exceed the amount calculated based on the rate on a loan received in foreign currency in the amount of 8 percent per annum.
(clause 5 as amended by Decree of the Government of the Russian Federation dated February 23, 2018 N 193)
6. To receive a subsidy, an organization submits an application to the Ministry of Industry and Trade of the Russian Federation in a form approved by the Ministry, with the following documents attached:
a) copies of the loan agreement, loan repayment schedules and interest payments certified by a Russian credit institution or the state development corporation "VEB.RF";
12/27/2018 N 1697)
b) statements of the organization's loan account certified by a Russian credit organization or the state development corporation "VEB.RF", confirming receipt of the loan, as well as documents confirming the timely payment by the organization of the interest accrued by the Russian credit organization or the state development corporation "VEB.RF" for using the loan in accordance with the loan agreement;
(as amended by Decree of the Government of the Russian Federation dated December 27, 2018 N 1697)
c) calculation of the amount of the subsidy in the form according to Appendices No. 1 or 2 (calculations for tranches received under the credit line are made separately, taking into account their repayments);
d) copies of contracts for the supply of military industrial products for export and corresponding customs declarations certified by the head and chief accountant (if any) of the organization. In the case of supplies for export of military industrial products under a commission agreement, the organization submits a copy of the contract with a foreign person for the supply of the specified products, certified by the head and chief accountant (if any) of the commission agent organization, copies of the organization’s commission agreements with the commission agent organization and the corresponding customs declarations, certified by the head and chief accountant (if any) of the organization. If a contract or agreement contains information constituting a state secret, then an extract from it containing the necessary information is submitted;
(as amended by Decree of the Government of the Russian Federation dated February 23, 2018 N 193)
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 raised and the share of loan resources aimed at exporting military industrial products, containing a financial and economic justification for the need to attract loans;
(as amended by Decree of the Government of the Russian Federation dated February 23, 2018 N 193)
f) a certificate certified by the head and chief accountant (if any) of the organization, containing information about the facts of applying for subsidies in accordance with other regulatory legal acts and the results of their consideration;
(as amended by Decree of the Government of the Russian Federation dated February 23, 2018 N 193)
g) a notarized copy of the license issued by the Federal Service for Military-Technical Cooperation 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;
(clause “g” as amended by Decree of the Government of the Russian Federation dated February 23, 2018 N 193)
h) description of the supplied products;
i) a certificate from the 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, certified in the prescribed manner (if the organization fails to provide this certificate, the Ministry of Industry and Trade of the Russian Federation requests it independently);
(paragraphs “and” as amended by Decree of the Government of the Russian Federation dated February 23, 2018 N 193)
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.
(paragraph “k” was introduced by Decree of the Government of the Russian Federation dated February 23, 2018 N 193)
7. The Ministry of Industry and Trade of the Russian Federation registers the organization’s application with the attached documents. The registration number and date of the received application with the attached documents are entered in a special journal, which must be numbered, laced and sealed with the seal of the Ministry.
In case of improper execution of the documents specified in paragraph 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 about this, indicating the identified violations. In this case, consideration of the issue of providing a subsidy is suspended.
Consideration of the issue of providing a subsidy is resumed after the organization eliminates all identified violations. The registration number and date of receipt from the organization of documents with corrected violations are entered in the journal.
The Ministry of Industry and Trade of the Russian Federation returns documents to the applicant if the applicant fails to eliminate the identified violations within 30 calendar days from the date of notification.
(as amended by Decree of the Government of the Russian Federation dated February 23, 2018 N 193)
The provision of subsidies is carried out 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 6 of these Rules.
(as amended by Decree of the Government of the Russian Federation dated February 23, 2018 N 193)
An organization in respect of which a positive decision has been made to provide a subsidy in the prescribed manner, but 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 communicated in the prescribed manner to the Ministry of Industry and Trade of the Russian Federation as the recipient of budget funds , submits, before March 1, an application for the provision of the unreceived amount of subsidies 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-examining the organization for compliance with the criteria established for receiving a subsidy, provided that on the date of filing the application the Ministry of Industry and Trade of the Russian Federation as the recipient of budget funds is informed in the established manner of limits budget obligations for the corresponding year.
(paragraph introduced by Decree of the Government of the Russian Federation dated December 27, 2018 N 1697)
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.
(as amended by Decree of the Government of the Russian Federation dated December 27, 2018 N 1697)
The amount of the subsidy is determined in accordance with the calculations of the amount of the subsidy in the form according to and.
(clause 8 as amended by Decree of the Government of the Russian Federation dated February 23, 2018 N 193)
9. An organization may be denied a subsidy in the following cases:
failure by the organization to comply with the conditions provided for in paragraph 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 failure to submit (submission incomplete) of these documents;
presence of inaccurate information in the documents submitted by the organization.
(clause 9 as amended by Decree of the Government of the Russian Federation dated December 27, 2018 N 1697)
10 - 11. Lost power. - Decree of the Government of the Russian Federation dated February 23, 2018 N 193.
12. The transfer of the subsidy is carried out no later than the 10th working day after the Ministry of Industry and Trade of the Russian Federation makes a decision 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 organization.
(as amended by Decree of the Government of the Russian Federation dated February 23, 2018 N 193)
Information on the amount and timing of subsidy transfers 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 drawing up a cash plan for the execution of the federal budget in the prescribed manner.
13. An indicator of the effectiveness of providing a subsidy is the fulfillment of obligations under a contract (commission agreement) valid in the current period 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 provision 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.
(clause 13 as amended by Decree of the Government of the Russian Federation dated February 23, 2018 N 193)
14. If the subsidy performance indicator provided for in paragraph 13 of these Rules is not achieved, the subsidy is subject to return to the federal budget within 10 working days from the date of receipt of the corresponding request of the Ministry of Industry and Trade of the Russian Federation, sent by registered mail with return receipt requested.
(clause 14 introduced by Decree of the Government of the Russian Federation dated February 23, 2018 N 193)
15. If, based on the results of inspections carried out by the Ministry of Industry and Trade of the Russian Federation and (or) state financial control bodies, a violation of the goals, conditions and procedure for providing a subsidy is established, the corresponding funds are subject to return to the federal budget:
a) based on 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 specified requirement by the organization;
b) on the basis of a submission and (or) order from state financial control bodies within the time limits established in accordance with the budgetary legislation of the Russian Federation.
(Clause 15 introduced by Decree of the Government of the Russian Federation dated February 23, 2018 N 193)
16. The Ministry of Industry and Trade of the Russian Federation publishes on its official website on the Internet information and telecommunications network information about the beginning of accepting applications from organizations for subsidies, as well as information about the termination of acceptance and consideration of applications from organizations for subsidies in the absence of unused budget limits 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.
(Clause 16 introduced by Decree of the Government of the Russian Federation dated February 23, 2018 N 193)
17. The Ministry of Industry and Trade of the Russian Federation and the authorized bodies of state financial control are obliged to check whether organizations comply with the goals, conditions and procedure for providing subsidies.
