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Tuesday, October 25, 2016

The Ministry of construction has decided to change the rules for defrauded investors

New rules of maintenance of register of the deceived shareholders has developed the Ministry of construction. For buyers of apartments, which “threw” dishonest developers, will change the basis for inclusion in the lists of victims.

photo: Gennady Cherkasov

The draft Directive the Department published for public comment.

As follows from the text of the new document, reason for entering the names of the unfortunate buyer of the apartment in the list of the victims from the hands of would-be developers will be almost twice smaller than the prescribed current rules. Filter all, who gave their money for the construction of the future home, officials will be on five criteria.

So, to officially become “deceived”, it will be necessary to make interest holders invested in the construction and has fully complied with all its obligations under the contract with the construction company. Simply put, would make the entire amount that was required of him.

The following criterion — the contract has not been canceled and has not changed, it continues to operate, but the developer does not transfer to the equity holder of the keys to the apartment.

The fourth reason for the inclusion of victims of construction fraud in lists of victims — the developer no successor who could carry the burden of all debts to future tenants of problem apartments.

Finally, the fifth criterion — house, around which the scandal broke, not insured and not guaranteed by the Bank guarantee agreement. That is the answer for the financial troubles of the developer to the purchaser can neither the insurance company nor the Bank.

Under the old rules to get into the registry of the deceived shareholders could those who are officially recognized as victims within criminal case about violation of their rights or who has a court sentence in respect of construction-deceivers. Also in the new rules removed the clause stating that for hit in the list of victims need to delay execution of obligations on the part of developers for more than nine months or the freezing of construction for the same period.

In addition, the new rules will be spelled out and the reasons for excluding the victim from the register of the deceived shareholders. So, the list does not make those who are “disappointed” with more than one apartment. In addition, removed from the register of citizens who renounced state support measures, as well as the lucky ones who managed to win the keys to a treasured home or collect money from negligent builders.

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