Federal Law No. 449-FZ of 30.12.2021
Adopted by the State Duma on December 17, 2021
Approved by the Federation Council on December 24, 2021
Article 1
Make the following amendments to Article 10 of Federal Law No. 152-FZ of December 18, 1997 "On Names of Geographical Objects" (Collection of Legislation of the Russian Federation, 1997, No. 51, Article 5718; 2008, No. 30, Article 3616; No. 44, Article 4997; 2012, No. 29, Article 3979):
1) in the second paragraph of Part 1, replace the words "decisions of this body by a federal state institution subordinate to it" with the words "act of the Government of the Russian Federation public law company established in accordance with the Federal Law "On Public Law Company "Roskadastr";ф
2) in part 2, replace the words "decisions of this body by a federal state institution subordinate to it" with the words "an act of the Government of the Russian Federation by a public law company established in accordance with the Federal Law "On the Public Law Company "Roskadastr".
Article 2
To make the following amendments to the Federal Law of June 18, 2001 No. 78-FZ "On Land Management" (Collection of Legislation of the Russian Federation, 2001, No. 26, Article 2582; 2006, No. 50, Article 5279; 2008, No. 20, Article 2251; No. 30, Article 3616):
1) to recognize the second part of Article 10 as invalid;
2) add the following sentence to the second part of Article 24: "The maintenance of the state fund of data obtained as a result of land management, as well as the translation of documents contained in this fund in the form of paper documents into the form of electronic images of such documents is carried out by a public law company established in accordance with the Federal Law "On Public-legal company "Roskadastr".".
Article 3
Paragraph 2 of Article 39.10 of the Land Code of the Russian Federation (Collection of Legislation of the Russian Federation, 2001, N 44, Article 4147; 2014, N 26, Article 3377; 2015, N 10, Article 1418; 2016, N 18, Article 2495; N 26, Article 3890; 2017, N 27, Article 3938; N 31, Article 4766; 2018, N 27, Article 3947, 3954; N 32, Article 5133; 2019, N 31, Article 4442; 2020, N 52, Article 8581; 2021, N 27, Article 5054, 5101) add subparagraph 23 as follows:
"23) the public law company "Roskadastr" in respect of land plots granted on the right of permanent (indefinite) use to federal state institutions, the reorganization of which was carried out in accordance with the Federal Law "On public Law company "Roskadastr".".
Article 4
Paragraphs 1 and 2 of Part 6 of Article 16 of the Federal Law No. 214-FZ of December 30, 2004 "On Participation in the Shared Construction of Apartment Buildings and Other Real Estate Objects and on Amendments to Certain Legislative Acts of the Russian Federation" (Collection of Legislation of the Russian Federation, 2005, No. 1, Article 40; 2016, No. 27, Article 4237; 2020, N 29, Article 4512; 2021, N 27, Article 5101) to state in the following wording:
"1) the developer has the right to translate the transfer act (other document on the transfer of the shared construction object) in the form of a paper document into the form of an electronic image of the document by scanning it and certify it with an enhanced qualified electronic signature of a person authorized to act on behalf of the developer. The specified electronic image of the document (transfer act (other document on the transfer of the shared construction object) has the same legal force as the paper document. The production of the specified electronic image of the document is carried out without charging a fee from the participant of shared construction;
2) after the state registration of the ownership right of a participant in shared construction, the developer is obliged to transfer to the owner an extract from the Unified State Register of Real Estate issued in accordance with part 1 of Article 28 of the Federal Law No. 218-FZ dated July 13, 2015 "On State Registration of Real Estate" for the purpose of certifying the state registration of the ownership right of a participant in shared construction to an object of shared construction.".
Article 5
Amend Federal Law No. 221-FZ of July 24, 2007 "On Cadastral Activity" (Collection of Legislation of the Russian Federation, 2007, No. 31, Article 4017; 2009, No. 52, Article 6410; 2013, No. 30, Article 4083; 2016, No. 1, Article 72; No. 27, Article 4294; 2021, N 18, Article 3064; N 24, Article 4188) the following changes:
1) in paragraph 1 of part 7 of Article 30, replace the words "its members." with the words "its members. On the basis of an act of the Government of the Russian Federation, the authority to provide this information may be transferred to a public law company established in accordance with the Federal Law "On the Public Law Company Roskadastr" (hereinafter referred to as the public law company).";
2) in paragraph 2 of Part 1 of Article 31, the words "federal state budgetary institution, subordinate to the registration authority of rights" replace with the words "public law company";
3) in part 1 of Article 33, the words "Federal State Budgetary Institution subordinate to the registration authority of rights" should be replaced with the words "Public law Company", the words ", in cases established by the Government of the Russian Federation" should be excluded.
Article 6
Amend Article 16 of Federal Law No. 210-FZ of July 27, 2010 "On the Organization of the Provision of State and Municipal Services" (Collection of Legislation of the Russian Federation, 2010, No. 31, Article 4179; 2011, No. 49, Article 7061; 2012, No. 31, Article 4322; 2013, No. 51, Article 6679; 2018, N 1, Article 63; N 9, Article 1283; N 18, Article 2557; N 30, Article 4539; 2021, N 1, Article 18, 48) the following changes:
1) add paragraph 4 to part 5 as follows:
"4) in the case established by Federal Law No. 218-FZ of July 13, 2015 "On State Registration of Real Estate", for compliance of documents converted by scanning into electronic form with documents submitted by applicants in the form of paper documents, identification of the applicant.";
2) add parts 8 and 9 of the following content:
"8. The Multifunctional Center is not responsible for intentionally committed actions and (or) omissions of the applicant and (or) other persons that resulted in the conversion into electronic form of forged or falsified documents submitted by the applicant on paper.
9. Losses caused to a person as a result of improper performance by a multifunctional center or its employees of the powers established by law shall be compensated in accordance with the procedure established by civil legislation."
Article 6 has been in effect since 06/29/2022 (paragraph 2 of Article 14).
Article 7
Amend Article 6 of Federal Law No. 443-FZ of December 28, 2013 "On the Federal Information Address System and on Amendments to the Federal Law "On General Principles of Organization of Local Self-Government in the Russian Federation" (Collection of Legislation of the Russian Federation, 2013, No. 50, Article 7008; 2019, No. 30, Article 4129; N 31, Article 4457; 2021, N 27, Article 5179) the following changes:
1) in part 2, replace the words "a federal state institution subordinate to it acting on the basis of a decision of this body" with the words "a public law company operating on the basis of an act of the Government of the Russian Federation established in accordance with the Federal Law "On the Public Law Company "Roskadastr",";
2) in Part 2.1, replace the words "a federal state institution subordinate to it acting on the basis of a decision of the said body" with the words "a public law company operating on the basis of an act of the Government of the Russian Federation established in accordance with the Federal Law "On the Public Law Company "Roskadastr",".
Article 8
Amend Federal Law No. 218-FZ of July 13, 2015 "On State Registration of Real Estate" (Collection of Legislation of the Russian Federation, 2015, No. 29, Article 4344; 2016, No. 26, Article 3890; No. 27, Article 4198, 4237, 4248, 4294; 2017, N 27, article 3938; N 31, art. 4766, 4767, 4771, 4796, 4829; N 48, Article 7052; 2018, N 1, Article 90; N 10, Article 1437; N 27, Article 3954; N 28, Article 4139; N 32, Article 5115, 5131, 5133, 5134, 5135; N 53, articles 8404, 8464; 2019, N 25, Article 3170; N 26, Articles 3317, 3319; N 29, Article 3861; N 30, Article 4140; N 31, Articles 4426, 4445; N 52, Article 7798; 2020, N 22, Article 3384; N 29, article 4512; N 50, article 8049; 2021, N 1, articles 33, 44; N 15, Article 2446; N 18, Article 3064; N 22, article 3683; N 24, Article 4188; N 27, article 5054, 5083, 5101, 5103, 5127, 5171; Rossiyskaya Gazeta, 2021, December 10) the following changes:
1) Article 3.1 should be worded as follows:
"Article 3.1. A public law company exercising powers in the field of state cadastral registration and state registration of rights
1. In the field of state cadastral registration and state registration of rights, certain powers and the provision of certain public services may be carried out by a public law company established in accordance with the Federal Law "On the Public Law Company "Roskadastr" (hereinafter - the public law company).
2. A public law company in the field of state cadastral registration and state registration of rights exercises the following powers and provides the following public services:
1) on-site reception of an application for state cadastral registration and (or) state registration of rights and documents attached thereto, issuance by courier of documents confirming the implementation of state cadastral registration and (or) state registration of rights, other documents to be issued to applicants after the implementation of state cadastral registration and (or) state registration of rights in in accordance with this Federal Law in the form of paper documents, as well as notifications on suspension of state cadastral registration and (or) state registration of rights, notifications on refusal to carry out state cadastral registration and (or) state registration of rights, notifications on termination of state cadastral registration and (or) state registration of rights;
2) provision of information contained in the Unified State Register of Real Estate, as well as analytical information obtained on the basis of information contained in the Unified State Register of Real Estate;
3) maintaining the register of borders specified in paragraph 3 of part 2 of Article 7 of this Federal Law;
4) ensuring information interaction of the rights registration authority with cadastral engineers in accordance with Article 20 of this Federal Law;
5) creation, operation, modernization and development in accordance with the legislation of state information systems, including the federal state information system for maintaining the Unified state Register of Real Estate, other information systems used in the exercise by the registration authority of its powers, performing the functions of the operator of such systems;
6) translation of documents contained in registry files (including cadastral files opened before January 1, 2017, cases of title documents), the storage of which is carried out (was carried out) in the form of documents on paper, in the form of electronic images of such documents;
7) development, implementation and information support of electronic services necessary for the provision of services in the field of state cadastral registration, state registration of rights and provision of information contained in the Unified State Register of Real Estate (including the personal account of the rightholder of the real estate object), as well as the provision of such services through these electronic services;
8) determination of coordinates of characteristic points of borders of adjacent and (or) non-adjacent land plots, determination of the area of such land plots, coordinates of characteristic points of contours of buildings, structures, objects of unfinished construction, as well as coordinates of characteristic points of borders of municipalities, settlements, territorial zones, forestry when correcting errors in accordance with part 7.3 of Article 61 of this Federal Law;
9) other powers provided for by an act of the Government of the Russian Federation, with the exception of the powers established by paragraph 4 of part 3 of Article 3 of this Federal Law.
3. In the exercise of its powers and the provision of services specified in this Article, a public law company is subject to the requirements provided for by Federal Law No. 210-FZ of July 27, 2010 "On the Organization of the provision of State and Municipal Services" for the organization and procedure for interaction with applicants in the provision of public services and provisions on liability for violation these requirements. The provisions of this Federal Law apply to a public law company insofar as nothing else follows from the substance of the relevant legal relations.
4. A public law company has the right to prepare documents necessary for entering into the Unified State Register of Real Estate the information specified in paragraph 3 of part 2 of Article 7 of this Federal Law.";
2)in Article 18:
a) in paragraph 1 of Part 1:
replace the words "federal state budgetary institution specified" with the words "a public law company specified by";
the words ", by means of a postal item with a declared value when it is forwarded, an inventory of the attachment and a delivery notification (hereinafter referred to as a postal item)" should be deleted;
The third paragraph of subparagraph "a" of paragraph 2 of Article 8 has been in effect since 06/29/2022 (paragraph 2 of Article 14).
b) in part 1.1, replace the words "federal state budgetary institution specified" with the words "public law company specified";
c) add part 2 with the words ", the official website of the public law company in the information and telecommunications network "Internet";
d) recognize parts 3 and 12 as invalid;
e) to state part 13 in the following wording:
"13.Upon receipt of an application for state cadastral registration and (or) state registration of rights and documents attached thereto in the form of paper documents, the multifunctional center:
1) certifies the identity of the person who applied for the implementation of state cadastral registration and (or) state registration of rights, or his representative in accordance with the procedure established by Federal Law No. 210-FZ of July 27, 2010 "On the organization of the provision of state and municipal services";
2) visually, without the use of technical means, determines that the documents submitted by the applicant on paper as originals are not copies made using copying and multiplying and other techniques, are not executed in pencil, do not have erasures or attributions, crossed out words and other corrections not specified in them, damages that do not allow reading the text documents and unambiguously interpret their contents;
3) if the applicant submits copies of documents, makes a note on them that the documents submitted by the applicant on paper are copies;
4) affix on the documents submitted by the applicant on paper, with the exception of documents certifying the identity of the applicant, a mark on the creation of electronic images of such documents;
5) converts the application and documents submitted by the applicant on paper by scanning into electronic images of such documents and certifies electronic images of documents with an enhanced qualified electronic signature of an authorized official of the multifunctional center;
6) transfers to the rights registration authority electronic images of documents created in accordance with this part, documents submitted by the applicant in the form of electronic documents, a mortgage submitted by the applicant in the form of a paper document, as well as an electronic image of the inventory (other document) of accepted documents issued to the applicant.";
f) add parts 13.1 - 13.3 the following content:
"13.1. Requirements for electronic images of documents created by a multifunctional center in accordance with part 13 of this article are established by the regulatory authority. The form and procedure for marking by multifunctional centers on documents submitted on paper, on the creation of electronic images of such documents, the form and procedure for marking by multifunctional centers that the documents submitted by the applicant on paper are copies, the procedure for storage by multifunctional centers of documents submitted by the applicant to the rights registration authority on paper after their transformation in accordance with part 13 of this Article into the form of electronic images of documents shall be established by the Government of the Russian Federation.
13.2.In the case of submission of documents for the purpose of state cadastral registration and (or) state registration of rights on paper to a public law company specified in Part 1 of Article 3.1 of this Federal Law, including through on-site reception, the actions specified in part 13 of this Article are carried out by an authorized person of such company.
13.3. Electronic images of documents created in accordance with parts 13 and 13.2 of this Article have the same legal force as the documents submitted by the applicant in the form of paper documents.";
g) set out part 15 in the following wording:
"15. In the case of submission of an application for state cadastral registration and (or) state registration of rights and documents attached to it in the form of paper documents by means of a personal appeal, their acceptance must be refused immediately at the time of submission of such applications and documents in cases where:
1) the identity of the person who applied for state cadastral registration and (or) state registration of rights has not been established, including the identity document of such a person has not been presented, the validity period of the applicant's identity document has expired, or the person submitting the application and the documents attached to it has refused to present his identity document;
2) visually, without the use of technical means, it was revealed that the documents submitted by the applicant on paper were executed in pencil, have erasures or postscript, crossed out words and other corrections not specified in them, damages that do not allow reading the text of the documents and unambiguously interpreting their contents.";
Sub-paragraphs "d" - "g" of paragraph 2 of Article 8 have been in effect since 06/29/2022 (paragraph 2 of Article 14).
h) in part 17:
in paragraph 1, replace the words "federal state budgetary institution specified" with the words "public law company specified";
in paragraph 2, the words "by mail or" exclude;
The third paragraph of subparagraph "h" of paragraph 2 of Article 8 is valid from 06/29/2022 (paragraph 2 of Article 14).
3) paragraph 6 of part 1 of Article 26 should be worded as follows:
"6) the submitted (received) documents are forged, as established by the court, or information about which is contained in the information received by the registration authority from a law enforcement agency, a bailiff, who have cases related to an object of immovable property and (or) their rightholder, a body carrying out in accordance with the procedure established by federal law operational-search activity in accordance with the Federal Law of August 12, 1995 N 144-FZ "On operational-search activity", a document, or the information contained therein is unreliable;";
4) parts 1 and 2 of Article 28 should be worded as follows:
"1. State cadastral registration, state registration of a transaction, the occurrence, modification or transfer of property rights, the occurrence of a restriction of the right, encumbrance of a real estate object, including mortgages, changes in the restriction of the right, encumbrance of a real estate object on the basis of a contract or other transaction, including modification or addition of the mortgage registration record on the basis of a contract or other transaction is certified by an extract from the Unified State Register of Real Estate.
2.The form of the extract specified in part 1 of this Article, the composition of the information included in it, as well as the requirements for its format in electronic form are determined in accordance with Article 62 of this Federal Law.";
Paragraphs 3, 4 of Article 8 are effective from 06/29/2022 (paragraph 2 of Article 14).
5)in Article 29:
a) add paragraph 1 of Part 1 with the words "if such documents are submitted to the rights registration authority through an on-site reception carried out by a public law company specified in Article 3.1 of this Federal Law, or by sending in electronic form";
b) in part 18, the words "the emergence or transfer of rights to immovable property may be issued" should be replaced with the words ", as well as notifications provided for by this Federal Law are issued".;
Subparagraphs "a", "b" of paragraph 5 of Article 8 have been in effect since 06/29/2022 (paragraph 2 of Article 14).
c) in part 19, after the words "as well as", add the words "notification of termination of state cadastral registration and (or) state registration of rights,", the words "by the federal state budgetary institution specified" replace with the words "public law company specified";
d) in part 20, replace the words "federal state budgetary institution specified" with the words "public law company specified";
6) in article 34:
a) paragraph 7 of Part 2, after the words "real estate register", add the words "with respect to real estate objects";
b) in part 5.1, the words ", and if the specified copyright holders are not registered using a unified identification and authentication system on a single portal or official website or in the Unified State Register of Real Estate there is no information about the email address for communication with the copyright holder, - in writing by mail with a notification of delivery to the postal address of the rightholder, information about which is contained in the Unified State Register of Real Estate, or in the absence of information about the postal address of the rightholder at the address assigned to the real estate object," exclude;
7) in article 36.2:
a) in part 3, delete the words "or postal items", replace the words "parts 2 and 3" with the words "part 2", replace the words "part 8, paragraphs 1 and 4 of part 12, parts" with the words "parts 8,";
b) in part 4, replace the words "at the postal address and (or) e-mail address at which communication with such an individual is carried out" with the words "at the e-mail address at which communication with such an individual is carried out";
c) in paragraph 4 of part 6, the words "by the federal state budgetary institution specified" replace with the words "public law company specified";
8) in part 8 of article 48, the fourth sentence should be deleted;
9) in part 7.3 of Article 61, replace the words "federal state budgetary institution subordinate to the registration authority of rights" with the words "public law company specified in part 1 of Article 3.1 of this Federal Law,";
10)in article 62:
a) in part 1, replace the words "federal state budgetary institution specified" with the words "public law company specified";
b) in part 2, replace the words "federal state budgetary institution specified" with the words "public law company specified";
c) in part 2.1, the words "federal state budgetary institution specified" should be replaced with the words "public law company specified";
d) in part 3, the words "federal state budgetary institution specified" should be replaced with the words "public law company specified";
e) in part 9, the words "federal state budgetary by the institution specified" replace with the words "public law company specified";
f) to state part 10 in the following wording:
"10. The procedure for the transfer by a multifunctional center of requests for information received by it to a public law company specified in Part 1 of Article 3.1 of this Federal Law, and the procedure for the transfer by a public law company of documents prepared by it to a multifunctional center are determined by the concluded multifunctional center and the public law company specified in part 1 of Article 3.1 of this Federal Law. the law, the agreement on cooperation in accordance with the procedure established by the Government of the Russian Federation. When submitting a request for information to the multifunctional center, the multifunctional center transmits to the public law company specified in part 1 of Article 3.1 of this Federal Law such a request and the documents attached to it in the form of electronic documents and (or) electronic images of documents certified by an enhanced qualified electronic signature of an authorized employee of the multifunctional center. At the same time, the request and the documents attached to it in the form of a paper document after their translation into the form of electronic documents and (or) electronic images of documents and certification with an enhanced qualified electronic signature of an authorized employee of the multifunctional center are returned to the applicant. If there is an indication in the request for information on the issuance of documents prepared by a public law company specified in part 1 of Article 3.1 of this Federal Law through a multifunctional center, the public law company sends such documents to the multifunctional center for issuance to the applicant (his representative) in the form of electronic documents certified with a reinforced qualified electronic signature of the public law the company specified in part 1 of Article 3.1 of this Federal Law.";
g) in part 12, replace the words "federal state budgetary institution specified" with the words "public law company specified";
h) in part 13.1, replace the words "Federal State Budgetary Institution specified" with the words "Public Law Company specified";
i) in part 18, replace the words "federal state budgetary institution specified" with the words "public law company specified";
j)in part 19, replace the words "Federal State Budgetary Institution specified" with the words "Public law Company specified", replace the words "federal state budgetary institution specified" with the words "public law company specified", replace the words "federal state budgetary institution specified" with the words "public law
k) in part 20, replace the words "by a federal state budgetary institution specified" with the words "by a public law company specified".;
m) in paragraph 2 of part 27, replace the words "federal state budgetary institution specified" with the words "public law company specified";
h) in part 27.1, replace the words "federal state budgetary institution specified" with the words "public law company specified";
o) in part 28, the words "federal state budgetary institution, specified" replace with the words "public law company, specified";
11) add paragraph 15.1 to part 1 of Article 63 as follows:
"15.1) a public law company specified in Article 3.1 of this Federal Law;";
12) add part 3 of Article 66 after the words "void transaction" with the words ", or on the basis of documents created and transferred to the rights registration body by a multifunctional center of electronic images in case of violation by such a multifunctional center of the requirements established by parts 13 and 15 of Article 18 of this Federal Law";
13) add part 5 to article 67 as follows:
"5. The State Registrar of Rights is not responsible for the state cadastral registration and (or) state registration of rights carried out by him on the basis of documents transferred to the rights registration body by the multifunctional center of electronic images, in case of violation by such a multifunctional center of the requirements established by parts 13 and 15 of Article 18 of this Federal Law.";
Paragraphs 12 and 13 Articles 8 are effective from 06/29/2022 (paragraph 2 of Article 14).
14) add Article 67.1 as follows:
"Article 67.1. Liability of a public law company
1. If the circumstances specified in paragraphs 2, 3, 6 - 9 of part 1 of Article 66 of this Federal Law occurred as a result of actions or omissions of a public law company or persons in employment or other relations with such a public law company, such public law company is responsible for their consequences.a legal company or specified persons.
2. In case of compensation by a public law company for damage caused to the person or property of a citizen or the property of a legal entity by lawful actions, such a public law company has the right provided for in part 4 of Article 66 of this Federal Law.";
15) in part 28 of Article 70, the words "their further maintenance is carried out by the federal executive authority authorized by the Government of the Russian Federation in accordance with the procedure established by the Government of the Russian Federation" should be replaced with the words "the procedure for maintaining and the terms of their storage by the federal executive authority authorized by the Government of the Russian Federation shall be established by the Government of the Russian Federation".;
16) in article 72:
a) in part 8, replace the words "federal state budgetary institution specified" with the words "public law company specified";
b) in part 9, replace the words "federal state budgetary institution specified" with the words "public law company specified", replace the words "specified institution" with the words "specified public law company".
Article 9
To amend Federal Law No. 431-FZ of December 30, 2015 "On Geodesy, Cartography and Spatial Data and on Amendments to Certain Legislative Acts of the Russian Federation" (Collection of Legislation of the Russian Federation, 2016, No. 1, Article 51; 2018, No. 32, Article 5135; 2021, No. 24, Article 4198) the following changes:
1) in part 3 of Article 6, replace the words "(or on the basis of a decision of this body by a federal state institution subordinate to it)" with the words "(or on the basis of an act of the Government of the Russian Federation by a public law company established in accordance with the Federal Law "On Public Law Company Roskadastr" (hereinafter - public law company)";
2) in part 6 of Article 7, replace the words "by a federal state institution subordinate to a federal executive body authorized to provide state services in the field of geodesy and cartography" with the words "by a public law company";
3) in article 8:
a) in part 8, replace the words "decisions of this body by a federal state institution subordinate to it" with the words "an act of the Government of the Russian Federation by a public law company";
b) in part 9, replace the words "by a federal state institution subordinate to a federal executive body authorized to provide state services in the field of geodesy and cartography" with the words "by a public law company";
c) in part 10, replace the words "decisions of this body on the official website of the federal state institution subordinate to it" with the words "act The Government of the Russian Federation on the official website of the public law company";
d) in part 13, replace the words "federal executive authority authorized to provide public services in the field of geodesy and cartography" with the words "public law company";
e) in part 16, replace the words "federal executive authority authorized to provide public services in the field of geodesy and cartography" with the words "a public law company";
4) to state part 2 of Article 9 in the following wording:
"2. The organization of the creation of geodetic networks for special purposes, including networks of differential geodetic stations, may be carried out by the federal executive body authorized to provide state services in the field of geodesy and cartography, or on the basis of an act of the Government of the Russian Federation by a public law company.";
5) part 6 of Article 10 after the words "for the exception" should be supplemented with the words "their provision to a public law company and other";
6) in article 11:
a) in part 1, replace the words "federal state institution subordinate to this body" with the words "public law company";
b) in part 4, replace the words "by a federal state institution subordinate to a federal executive body authorized to provide state services in the field of geodesy and cartography" with the words "by a public law company";
7) part 8 of Article 15 after the words "executive power," add the words "public law company,";
8) to state part 2 of Article 16 in the following wording:
"2. The creation of state topographic maps and state topographic plans for the territory of the Russian Federation at the expense of the federal budget is carried out by a public law company. The creation of state topographic maps and state topographic plans for the needs of defense may be carried out by other persons if such work is organized by the federal executive authority responsible for the development and implementation of state policy, regulatory and legal regulation in the field of defense.";
9) add the following sentence to part 1 of Article 17: "The creation of special cards may be carried out by a public law company.";
10) add the following Article 18.1:
"Article 18.1. Federal State information System that ensures the functioning of the national spatial data system
1. In order to ensure the functioning of the national spatial data system, a public law company, in accordance with the procedure established by the Government of the Russian Federation, carries out, in accordance with the legislation, the creation, operation, modernization and development of the federal state information system that ensures the functioning of the national spatial data system, as well as the functions of the operator of the specified information system.
2. The federal state information system ensuring the functioning of the national spatial data system must provide, inter alia:
1) search, collection, creation, storage, processing, provision and dissemination of spatial data included in the federal state information system ensuring the functioning of the national spatial data system;
2) maintaining state and other information resources necessary for the functioning of the national spatial data system;
3)information interaction, including information exchange, between the federal state information system that ensures the functioning of the national spatial data system, state and other information systems, state and other information resources;
4) provision of spatial data to individuals and legal entities, state authorities and local self-government bodies included in the federal state information system that ensures the functioning of the national spatial data system, including through the spatial data portal of the national spatial data system;
5) provision of state and municipal services related to the use of spatial data;
6) the functioning of electronic services related to the use of spatial data, as well as programs for electronic computers and databases that provide spatial data analysis and reporting and analytics.
3. The Regulation on the federal state information system ensuring the functioning of the national spatial data system, defining the procedure for the creation, operation and decommissioning, modernization and development of the specified system, as well as the composition of the information to be placed in it, the list of information systems with which the information interaction of the specified system is provided, the composition of categories of users and information providers, which is entered into the specified system, is approved by the Government of the Russian Federation.";
11) in part 1 of Article 19, replace the words "decisions of this body by a federal state institution subordinate to it" with the words "act of the Government of the Russian Federation public law company", add the following sentence: "The operator of this information system is a public law company.";
12) in Article 20:
a) in part 1, replace the words "decisions of this body by a federal state institution subordinate to it" with the words "act of the Government of the Russian Federation public law company";
b) in part 2, replace the words "decisions of this body by a federal state institution subordinate to it" with the words "act of the Government of the Russian Federation public law company", add the following sentence: "The operator of this information system is a public law company.".
Article 10
To amend Federal Law No. 119-FZ of May 1, 2016 "On the Specifics of Granting Citizens Land Plots Owned by the State or Municipal and Located in the Arctic Zone of the Russian Federation and Other Territories of the North, Siberia and the Far East of the Russian Federation, and on Amendments to Certain Legislative Acts of the Russian Federation" (Assembly legislation of the Russian Federation, 2016, N 18, Article 2495; 2017, N 1, Article 43; N 31, Article 4796; 2018, N 53, Article 8429; 2021, N 27, Article 5054) the following changes:
1) Part 5 of Article 3 should be worded as follows:
"5. A public law company established in accordance with the Federal Law "On the Public Law Company Roskadastr" carries out, in accordance with the legislation of the Russian Federation, the creation, operation, modernization and development of an information system, as well as the functions of its operator.";
2) in part 15 of Article 5, the words "by decision of this body may be transferred to a federal state budgetary institution subordinate to it" should be replaced with the words "on the basis of an act of the Government of the Russian Federation, a public law company established in accordance with the Federal Law "On Public Law Company "Roskadastr" may be transferred.
Article 11
Part 3 of Article 2 of Federal Law No. 236-FZ of July 3, 2016 "On Public Law Companies in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation" (Collection of Legislation of the Russian Federation, 2016, N 27, Article 4169; 2017, N 31, Article 4767; 2018, N 49, Article 7524; 2020, N 52, Article 8581) after the words "On the public law company "Single Customer in the field of construction" and on amendments to certain legislative acts of the Russian Federation"," add the words "Federal Law "On the public Law company "Roskadastr",".
Article 12
Make the following amendments to Federal Law No. 237-FZ of July 3, 2016 "On State Cadastral Valuation" (Collection of Legislation of the Russian Federation, 2016, No. 27, Article 4170; 2020, No. 31, Article 5028; Rossiyskaya Gazeta, 2021, December 10):
1) in part 10 of Article 11, replace the words "Federal state budgetary institution subordinate to the registration authority of rights" with the words "Public Law Company established in accordance with the Federal Law "On Public Law Company "Roskadastr" (hereinafter - public law Company),";
2) in part 8 of Article 12, replace the words "by a federal state budgetary institution subordinate to the registration authority of rights" with the words "by a public law company";
3) in part 1 of Article 13, replace the words "by a federal state budgetary institution subordinate to the registration authority of rights" with the words "by a public law company";
4) add Part 33 to Article 14 as follows:
"33. The powers of the rights registration authority provided for in this Article may be transferred to a public law company on the basis of an act of the Government of the Russian Federation.";
5) in the first paragraph of part 7 of Article 15, replace the words "Federal state budgetary institution subordinate to the registration authority of rights" with the words "Public law Company";
6)in article 16:
a) in part 2, replace the words "Federal state budgetary institution subordinate to the registration authority of rights" with the words "Public law Company";
b) in part 4, replace the words "by a federal state budgetary institution subordinate to the registration authority of rights" with the words "by a public law company";
7) in part 2 of Article 17, the words "federal state budgetary institution subordinate to the registration authority of rights in accordance with paragraph 3 of part 1 of Article 3 of this Federal Law" should be replaced with the words "public law company";
8)in Article 19.1:
a) in part 2, replace the words "by a federal state budgetary institution subordinate to the registration authority of rights" with the words "by a public law company";
b) in part 5, replace the words "by a federal state budgetary institution subordinate to the registration authority of rights" with the words "by a public law company";
9) in article 23:
a) add the words "or on the basis of an act of the Government of the Russian Federation by a public law company" to Part 1;
b) add part 2 after the words "Rights registration Authority" with the words "or on the basis of an act of the Government of the Russian Federation a public law company";
c) add part 6 with the following content:
"6. The maintenance of the state cadastral valuation data fund is carried out through the federal state automated information system. The creation, operation, modernization and development of the federal state automated information system, as well as the functions of its operator, is carried out by a public law company.".
Article 13
Make the following amendments to Article 18 of Federal Law No. 120-FZ of April 30, 2021 "On Amendments to the Federal Law "On State Registration of Real Estate" and Certain Legislative Acts of the Russian Federation" (Collection of Legislation of the Russian Federation, 2021, No. 18, Article 3064):
1) in part 6, replace the words "Federal State Budgetary Institution specified" with the words "Public Law Company specified", replace the word "im" with the words "federal state budgetary institution subordinate to the federal executive authority specified in part 1 of Article 3 of Federal Law No. 218-FZ of July 13, 2015 "On the State registration of real estate", the legal successor of which is the specified public law company,";
2) in part 8, replace the words "federal state budgetary institution specified" with the words "public law company specified", replace the words "this institution" with the words "this public law company";
3) recognize part 9 as invalid.
Article 14
1.This Federal Law shall enter into force from the date of its official publication, with the exception of provisions for which this Article establishes a different period for their entry into force.
2. Article 6, the third paragraph of subparagraph "a", subparagraphs "d" - "g", the third paragraph of subparagraph "z" of paragraph 2, paragraphs 3, 4, subparagraphs "a", "b" of paragraph 5, paragraphs 12 and 13 of Article 8 of this Federal Law shall enter into force upon expiration one hundred and eighty days after the date of the official publication of this Federal Law.
3. Functions, powers and activities, the implementation of which is assigned in accordance with Federal Law No. 78-FZ of June 18, 2001 "On Land Management" (as amended by this Federal Law), Federal Law No. 221-FZ of July 24, 2007 "On Cadastral Activity" (as amended by this Federal Law), Part 2.1 of Article 6 of Federal Law No. 443-FZ of December 28, 2013 "On the Federal Information Address System and on Amendments to the Federal Law "On General Principles of Organization of Local Self-Government in the Russian Federation" (as amended by this Federal Law), Federal Law No. 218-FZ of July 13, 2015 "On state Registration of Real estate" (as amended by this Federal Law), Article 18.1 of Federal Law No. 431-FZ of December 30, 2015 "On Geodesy, Cartography and Spatial Data and on Amendments to Certain Legislative Acts of the Russian Federation", Federal Law No. 119-FZ of May 1, 2016 "On the Specifics of Granting Citizens Land Plots Owned by the state or Municipal and Located in the Arctic Zone of the Russian Federation and Other Territories of the North, Siberia and the Far East of the Russian Federation, and on amendments to certain legislative acts of the Russian Federation" (as amended by this Federal Law), Federal Law No. 237-FZ of July 3, 2016 "On State Cadastral Valuation" (as amended by this Federal Law), Federal Law No. 120-FZ of April 30, 2021 "On Amendments to the Federal Law "On State Registration of Real Estate" and Certain Legislative Acts of the Russian Federation" (as amended by this Federal Law) on the public law company "Roskadastr" (hereinafter - the company) in accordance with the Federal Law "On the Public Law Company "Roskadastr", are carried out by the federal state budgetary institution specified in Article 3.1 of the Federal Law No. 218-FZ dated July 13, 2015 "On State Registration of Real Estate" (as amended before the date of entry into force of this Federal Law), until completion of the procedure for its reorganization in accordance with the Federal Law "On the Public Law Company "Roskadastr", taking into account the procedure established by these federal laws. Until the completion of the reorganization procedure of the specified institution in accordance with the Federal Law "On the Public Law Company "Roskadastr", it has the right, along with other types of activities carried out by it:
1) to carry out, in accordance with the legislation, the creation, operation, modernization and development, including at the expense of the federal budget, of state information systems, state information resources and electronic services, as well as the creation, operation, modernization and development of other information systems, other information resources and electronic services necessary for the provision of services and exercise of powers in the established field of activity of the rights registration body;
2) be the operator of state and other information systems specified in paragraph 1 of this part;
3) in cases established by the Government of the Russian Federation, perform cadastral works and prepare documents necessary for entering into the Unified State Register of Real Estate the information specified in paragraph 3 of Part 2 of Article 7 of Federal Law No. 218-FZ of July 13, 2015 "On State Registration of Real estate".
4.The public law company "Roskadastr" has the right to carry out cadastral activities regardless of the reorganization of the federal state budgetary institution specified in Article 3.1 of Federal Law No. 218-FZ of July 13, 2015 "On State Registration of Real Estate" (as amended before the date of entry into force of this Federal Law), in accordance with part 3 of this article.
5. Functions, powers and activities carried out in accordance with Federal Law No. 152-FZ of December 18, 1997 "On Names of Geographical Objects" (as amended by this Federal Law), Part 2 of Article 6 of Federal Law No. 443-FZ of December 28, 2013 "On the Federal Information Address System and on Amendments to the Federal Law "On General Principles of Organization of Local Self-Government in the Russian Federation" (as amended by this Federal Law), Federal Law No. 431-FZ of December 30, 2015 "On Geodesy, cartography and spatial data and on amendments to certain legislative acts of the Russian Federation" (as amended by this Federal Law) is assigned to the company in accordance with the Federal Law "On the Public Law Company "Roskadastr", except for the functions, powers and activities provided for in Article 18.1 of Federal Law No. 431 of December 30, 2015-Federal Law "On Geodesy, Cartography and Spatial Data and on Amendments to Certain Legislative Acts of the Russian Federation", as well as activities provided for in Part 4 of this Article, carried out by the federal state budgetary institution specified in these federal laws (as amended before the date of entry into force of this Federal Law), until the completion of the procedure for its reorganization in accordance with the Federal Law "On the Public Law Company "Roskadastr". Until the completion of the reorganization procedure of the specified institution in accordance with the Federal Law "On the Public Law company "Roskadastr", it has the right, along with other types of activities carried out by it, to create special cards.
6.Work on the creation, at the expense of the federal budget, of state topographic maps and state topographic plans for the territory of the Russian Federation, the implementation of which, in accordance with Federal Law No. 431-FZ of December 30, 2015 "On Geodesy, Cartography and Spatial Data and on Amendments to Certain Legislative Acts of the Russian Federation" (in the wording of this Federal Law) is assigned to the company, performed by the joint-stock company, which, on the date of entry into force of this Federal Law, is determined in accordance with federal law as the sole performer of such works, until the completion of the procedure for its reorganization in accordance with the Federal Law "On the Public Law Company "Roskadastr".
President
Of the Russian Federation
V. PUTIN
Moscow, Kremlin
December 30, 2021
Added: 12.08.2022
View count: 765