In order to implement the plan of priority measures to ensure sustainable economic development and social stability in 2015, approved by the Government Russian Federation dated January 27, 2015 N 98-r, the Government of the Russian Federation decides:

2. The Ministry of Construction, Housing and Communal Services of the Russian Federation to send to the Federal Agency for State Property Management, in accordance with the established procedure, federal budget funds in the amount of 4.5 billion rubles provided for in the "On the Federal Budget for 2015 and for the planning period of 2016 and 2017" ", as a contribution to the authorized capital of the open joint-stock company "Agency for Housing Mortgage Lending" for the implementation of a program of assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation.

3. The Federal Agency for State Property Management shall ensure, in accordance with the established procedure, an increase authorized capital open joint-stock company "Agency for Housing Mortgage Lending" for 4.5 billion rubles by placing additional shares and to carry out actions related to the acquisition of these shares and registration of the property rights of the Russian Federation on them.

Basic conditions
implementation of an assistance program for certain categories of borrowers on 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)

1. Borrowers under a mortgage housing loan (loan) (hereinafter referred to as borrowers) are citizens, at least one of whom belongs to one of the following categories:

A) citizens of the Russian Federation who, as of January 1, 2015, in accordance with the legislation of the Russian Federation, the legislation of the constituent entities of the Russian Federation and (or) municipal legal acts, are participants in state or municipal programs to improve living conditions, other measures to improve housing conditions and who have exercised the right to receive social payments(subsidies) and other benefits for the acquisition (construction) of residential premises at the expense of the federal budget, the budget of a constituent entity of the Russian Federation and (or) the municipal budget using a mortgage loan (loan) subject to restructuring;

C) citizens of the Russian Federation who have 1 child or more, while the age of each of the spouses or one parent in an incomplete family does not exceed 35 years;

E) citizens of the Russian Federation for whom, as of January 1, 2015, work in the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation or local governments is the main place of work and whose experience of this work is at least 1 year;

G) citizens of the Russian Federation for whom, as of January 1, 2015, work in state and municipal institutions that are scientific organizations or organizations of scientific services, as scientists, specialists of a scientific organization or workers in the field of scientific services, as well as in state and municipal educational organizations, state and municipal institutions of health care, culture, social protection, employment, physical culture and sports is the main place of work and the experience of this work is at least 1 year;

H) citizens of the Russian Federation for whom, as of January 1, 2015, work in city-forming organizations, including those that are part of the research and production complexes of science cities, regardless of the organizational and legal form of such organizations, is the main place of work and whose experience of this work is at least 1 year;

I) citizens of the Russian Federation for whom, as of January 1, 2015, work in organizations of the military-industrial complex included in the procedure established by the Government of the Russian Federation in the consolidated register of organizations of the military-industrial complex, regardless of the organizational and legal form of such organizations, is the main place of work and the experience of the specified work is at least 1 year;

J) citizens of the Russian Federation for whom, as of January 1, 2015, work in scientific organizations that have been assigned the status of state scientific centers by the Government of the Russian Federation, regardless of the organizational and legal form of such organizations, is the main place of work and whose experience of this work is not less than 1 year;

L) citizens of the Russian Federation for whom, as of January 1, 2015, work in organizations established by state academies of sciences (with the exception of organizations in the social sphere) is the main place of work and whose experience of this work is at least 1 year;

M) citizens of the Russian Federation, for whom, as of January 1, 2015, work in state unitary enterprises that are scientific organizations or scientific service organizations that carry out scientific, scientific, technical, innovative activities, experimental development, testing, training in priority areas development of science, technology and technology in the Russian Federation, approved by Decree of the President of the Russian Federation dated July 7, 2011 N 899 "On approval of priority areas for the development of science, technology and technology in the Russian Federation and the list of critical technologies of the Russian Federation", is the main place of work and whose work experience is at least 1 year;

H) citizens of the Russian Federation, for whom, as of January 1, 2015, work in organizations participating in programs for the development of pilot innovative territorial clusters implemented in the territories of the constituent entities of the Russian Federation according to the list in accordance with the appendix to the Rules for the distribution and provision of subsidies from the federal budget to the budgets of the constituent entities of the Russian Federation Federation for the implementation of activities provided for by the programs for the development of pilot innovative territorial clusters, approved by Decree of the Government of the Russian Federation of March 6, 2013 N 188 "On approval of the Rules for the distribution and provision of subsidies from the federal budget to the budgets of the constituent entities of the Russian Federation for the implementation of activities provided for by the programs for the development of pilot innovative territorial clusters", is the main place of work and the experience of this work is at least 1 year.

A) the borrower documented the decrease in the average monthly for the last 3 months prior to the date of filing an application for restructuring a mortgage housing loan (loan) (hereinafter referred to as the application for restructuring) of the total income of the borrower and his family members, which include the spouse of the borrower and minor children, living together with the borrower by more than 30 percent compared to the average monthly for the last 12 months prior to the date of filing an application for restructuring by the total income of these persons or an increase in the monthly payment on a mortgage housing loan (loan) by more than 30 percent in the currency of the Russian Federation as of the date applying for restructuring compared to the monthly payment in September 2014;

B) as of the date of the borrower's application to the creditor (lender) with an application for restructuring, the total income specified in this paragraph (minus the mortgage loan payment), divided by the number of persons indicated in subparagraph "a" of this paragraph, is less than one and a half times living wage established in the subject of the Russian Federation in whose territory the borrower lives;

C) there is no information about the recognition by the court of the application for declaring the borrower (mortgagor) bankrupt justified and the introduction of a procedure for restructuring its debts.

B) the subject of mortgage belongs to one of the following categories: residential premises purchased for the borrower and the borrower's family members specified in this document to live in it. If the subject of the mortgage is a dwelling, the total share of the borrower and his family members specified in subparagraph "a" of paragraph 2 of this document, the pledger and his family members, which include the spouse of the pledger and minor children living together with the pledger , in the ownership of other residential premises is not more than 50 percent in each of the residential premises, in the ownership of which these persons have a share. This requirement must be met as of the date the borrower applied to the creditor (lender) with an application for restructuring, as well as during the period of assistance specified in this document;

The right of claim of a participant in shared construction arising from an agreement on participation in shared construction, which meets the requirements of "On Participation in Shared Construction apartment buildings and other real estate objects and on amendments to certain legislative acts of the Russian Federation". If the subject of the mortgage is the right of claim of a participant in shared construction, the pledgor and family members of the pledgor, which include the spouse of the pledgor and minor children living together with the pledgor live (registered) in residential premises, the share of the area in which per each living citizen does not exceed 18 square meters This requirement must be met as of the date of filing the application for restructuring, as well as on January 1, 2015;

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

Government of the Russian Federation

decides:

Approve the attached changes that are being made to Decree of the Government of the Russian Federation of April 20, 2015 N 373 "On the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, and an increase in the authorized capital of an open joint stock company" Agency for Housing Mortgage Lending" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2015, N 17, Art. 2567; N 30, Art. 4598).

Prime Minister
Russian Federation
D. Medvedev

Changes that are made to the Decree of the Government of the Russian Federation of April 20, 2015 N 373

APPROVED
Government Decree
Russian Federation
dated December 7, 2015 N 1331

1. In the decision:

a) in the name, paragraphs 2 and the word "open" in the appropriate case, delete;

b) add paragraph 3.1 with the following content:

"3_1. Allow the Joint Stock Company "Agency for Housing Mortgage Lending":

use cash, received in accordance with paragraph 2 of this resolution, for the purpose of compensating for shortfalls in income or losses (part thereof) on mortgage housing loans (loans), the rights of claim on which were acquired by the Joint-Stock Company "Agency for Housing Mortgage Lending" and the restructuring of which was carried out in accordance with the main conditions approved by this resolution for the implementation of the program of assistance to certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation (hereinafter referred to as the program);

place temporarily free funds received for the purpose of implementing the program in state securities(bonds federal loan) and (or) in deposits of banks, the list of which is determined by the Supervisory Board of the Joint-Stock Company Agency for Housing Mortgage Lending, and use the income received from their placement to finance the program and compensate for its operating expenses related to the implementation of the program, the list of which is determined by the Supervisory Board JSC "Agency for Housing Mortgage Lending".

2. Outline the main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, as follows:

"APPROVED
Government Decree
Russian Federation
dated April 20, 2015 N 373
(as amended by the decision
Government of the Russian Federation
dated December 7, 2015 N 1331)

Basic conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation

1. The main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) in a difficult financial situation (hereinafter referred to as the program) determine the conditions for restructuring mortgage loans (loans) for certain categories of borrowers in a difficult financial situation, and also the conditions for compensation to creditors (lenders) on mortgage housing credits (loans) and to the Joint-Stock Company "Agency for Housing Mortgage Lending" on credits (loans), the rights of claim on which are acquired by this company, for shortfalls in income or losses (part of them) arising as a result of carrying out such restructuring (hereinafter respectively - losses, creditor, borrower, compensation, restructuring).

2. The procedure for payment of compensation is determined by the joint-stock company "Agency for Housing Mortgage Lending" and is published on its official website in the information and telecommunications network "Internet".

3. The creditor's losses on each mortgage housing loan (loan) restructured in accordance with this document are subject to compensation in the amount by which, as a result of restructuring in the cases provided for in subparagraph "d" of paragraph 9 of this document, the amount of the borrower's monetary obligations under the credit agreement (loan agreement), but not more than the maximum amount of compensation specified in paragraph 6 of this document.

4. Restructuring is carried out by decision of the creditor on the basis of an application for restructuring submitted by the borrower (simultaneously joint and several debtors) to the creditor (hereinafter referred to as the application for restructuring).

Restructuring can be carried out both by concluding an agreement by the creditor and the borrower (solid and several debtors) on changing the terms of a previously concluded loan agreement (loan agreement), and by entering into a new loan agreement (loan agreement) for the purpose of full repayment of debt on a restructured mortgage loan (loan) (hereinafter referred to as the restructuring agreement).

5. The total amount of reimbursement payments under the program at the expense of the federal budget cannot exceed 4.5 billion rubles. This amount can be increased by the amount of the positive balance of income from the placement by the joint-stock company "Agency for Housing Mortgage Lending" of temporarily free funds in government securities (federal loan bonds) and (or) in bank deposits and operating expenses incurred related to the implementation of the program.

6. The maximum amount of compensation for each restructured mortgage housing credit (loan) is 10 percent of the balance of the credit (loan) amount calculated as of the date of conclusion of the restructuring agreement, but not more than 600 thousand rubles.

7. The concluded loan agreement (loan agreement) as of the date of filing the application for restructuring must simultaneously meet the following conditions:

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

citizens with one or more minor children;

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

citizens who are combat veterans;

citizens who are disabled or have disabled children;

b) change in income of the borrower (solid debtors):

the average monthly income of the borrower (solidary debtors), calculated for 3 months preceding the date of filing the application for restructuring, decreased by at least 30 percent compared to the average monthly income of the borrower (solidary debtors), calculated for 3 months preceding the date of conclusion of the loan agreement (agreement loan), or the amount of the planned monthly payment on the credit (loan), calculated on the date of filing the application for restructuring (in ruble equivalent at the rate of the relevant currency established central bank of the Russian Federation on the same date) has increased by at least 30 percent compared to the amount of the scheduled monthly payment calculated as of the date of conclusion of the loan agreement (loan agreement);

the average monthly total income of the borrower's family (solidary debtors), calculated for 3 months preceding the date of filing the application for restructuring, after deducting the planned monthly payment on the loan (loan), calculated as of the date of filing the application for restructuring, does not exceed for each member of the borrower's family (joint and several debtor) twice the subsistence minimum established in the constituent entities of the Russian Federation, in whose territory the persons whose incomes were taken into account in the calculation live. At the same time, the average monthly total income of the borrower's family (solid debtors) in billing period is equal to the sum of the average monthly income of the borrower (solidary debtors) and his family members, which for the purposes of this document include the spouse of the borrower (solidary debtor) and minor children, including those under their guardianship or guardianship;

c) the fulfillment of the obligations of the borrower under the loan agreement (loan agreement) is secured by a mortgage of a dwelling located on the territory of the Russian Federation, or a pledge of rights of claim arising from an agreement on participation in shared construction that meets the requirements of the Federal Law "On Participation in Shared Construction of Apartment Buildings and other real estate objects and on amendments to certain legislative acts of the Russian Federation" (hereinafter referred to as the equity participation agreement);

d) residential premises, including residential premises, the right of claim to which arises from an equity participation agreement, the mortgage of which is a security for the fulfillment of the borrower's obligations under a loan agreement (loan agreement):

total area 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;

at the cost of 1 sq. meters of the total area does not exceed more than 60 percent of the cost of 1 square. meters of total area standard apartment for the primary or secondary housing market (respectively) in the constituent entity of the Russian Federation in which the residential premises are located, determined according to the data Federal Service state statistics as of the date of conclusion of the loan agreement (loan agreement);

e) residential premises, including residential premises, the right of claim to which arises from an equity participation agreement, the mortgage of which is a security for the fulfillment of obligations under a loan agreement (loan agreement), is the only residence of the mortgagor. At the same time, it is allowed to have an aggregate share of the pledgor and members of his family in the ownership of other residential premises in the amount of not more than 50 percent in each of such other residential premises;

f) the loan agreement (loan agreement) as of the date of submission of the application for restructuring must be valid for at least 12 months.

8. The requirements provided for by subparagraph "d" of paragraph 7 of this document are not presented if the pledgor has 3 or more minor children.

9. The restructuring agreement must provide for the following conditions:

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

b) setting the lending rate for the entire term of the credit (loan) not higher than 12 percent per annum (for credits (loans) previously issued in foreign currency) or not higher than the rate in force on the date of conclusion of the restructuring agreement - for credits (loans) previously issued in rubles of the Russian Federation. An increase in the lending rate is possible only if the borrower violates the conditions or terms for concluding insurance contracts stipulated by loan agreement(loan agreement) concluded before the restructuring;

c) in the event that the restructuring agreement establishes a period of assistance, the duration of which cannot exceed 18 months, a decrease in the monthly payment for the period of assistance by at least 50 percent of the amount of the planned payment calculated as of the date of conclusion of the restructuring agreement (in ruble equivalent at the rate of the relevant currency established by the Central Bank of the Russian Federation as of the date of conclusion of the restructuring agreement), at the expense of:

reducing the lending rate for the period of assistance in accordance with subparagraph "d" of this paragraph;

postponing to later periods the date of making payments to repay the amount of the credit (loan) and (or) interest accrued during the period of assistance;

d) reduction of monetary obligations of the borrower (solid debtors) in the amount of not less than the maximum amount of compensation established by paragraph 6 of this document, due to:

changes in the currency of the credit (loan) from foreign currency to rubles of the Russian Federation at a rate lower than the rate of the corresponding currency established by the Central Bank of the Russian Federation as of the date of conclusion of the restructuring agreement;

one-time forgiveness of a part of the credit (loan) amount;

reduction for the period of assistance specified in subparagraph "c" of this paragraph, the lending rate.

10. The volume of reduction of monetary obligations of the borrower (solid debtors) (V) in the case provided for in paragraph four of subparagraph "d" of paragraph 9 of this document is calculated by the formula:

where:

- the amount of interest accrued for the period of assistance;

n - the number of months of the period of assistance to the borrower;

p - the amount of the interest rate established for the credit (loan) after the end of the assistance period in compliance with the requirements provided for in subparagraph "b" of paragraph 9 of this document;

- the amount of the interest rate established on the credit (loan) for the period of assistance.

11. When concluding a restructuring agreement, it is not allowed to shorten the terms of mortgage housing credits (loans).

When restructuring, the creditor is not allowed to charge the borrower (solidary debtors) a commission for actions related to the restructuring.".

Electronic text of the document
prepared by JSC "Kodeks" and checked against.

(as amended by Government Decree No. 961 of August 11, 2017, effective from August 21, 2017)

"On the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, and an increase in the authorized capital of the joint-stock company Agency for Housing Mortgage Lending"

In order to implement the plan of priority measures to ensure the sustainable development of the economy and social stability in 2015, approved by the Decree of the Government of the Russian Federation of January 27, 2015 N 98-r, the Government of the Russian Federation decides:

1. Approve the attached basic conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation.
2. The Ministry of Construction and Housing and Communal Services of the Russian Federation to send to the joint-stock company Agency for Housing Mortgage Lending, in the prescribed manner, federal budget funds in the amount of 4.5 billion rubles provided for in federal law"On the federal budget for 2015 and for the planning period of 2016 and 2017", as a contribution to the authorized capital of the joint-stock company "Agency for Housing Mortgage Lending" for the implementation of a program of assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation.
3. The Federal Agency for State Property Management shall ensure, in accordance with the established procedure, an increase in the authorized capital of the Joint-Stock Company "Agency for Housing Mortgage Lending" by 4.5 billion rubles by placing additional shares and take actions related to the acquisition of these shares and registration of the property rights of the Russian Federation on them , in accordance with a tripartite agreement between the Ministry of Construction and Housing and Communal Services of the Russian Federation, federal agency for the management of state property and the joint-stock company "Agency for Housing Mortgage Lending".

3(1). Allow the Joint Stock Company "Agency for Housing Mortgage Lending":

• use the funds received in accordance with paragraph 2 of this resolution for the purpose of compensating for shortfalls in income or losses (part thereof) to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities securities", on mortgage housing credits (loans), the rights of claim on which are acquired by mortgage agents, and to the joint-stock company "Agency for Housing Mortgage Lending" on mortgage housing credits (loans), the rights of claim on which are acquired by this company, if the specified mortgage housing loans (loans) are restructured in accordance with the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage housing loans (loans) in a difficult financial situation approved by this resolution (hereinafter referred to as the program);
• place temporarily free funds received for the purpose of implementing the program in accordance with the legislation of the Russian Federation and use the income received from their placement to finance the program and compensate for its operating expenses related to the implementation of the program, the list of which is determined by the Supervisory Board of the Mortgage Agency housing lending.

4. No longer valid. - (Decree of the Government of the Russian Federation of November 24, 2016 N 1231).

Chairman of the Government of the Russian Federation D. MEDVEDEV

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

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

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

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

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

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

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

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

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

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

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

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

• citizens who have one or more minor children or who are guardians (custodians) of one or more minor children;
• citizens who are disabled or have disabled children;
• citizens who are combat veterans;
• citizens who are dependent on persons under the age of 24 who are students, students (cadets), graduate students, adjuncts, residents, assistant trainees, interns and full-time students;

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

c) the fulfillment of the obligations of the borrower under the loan agreement (loan agreement) is secured by a mortgage of a dwelling located on the territory of the Russian Federation, or a pledge of claims to such dwelling, arising from an agreement on participation in shared construction that meets the requirements of the Federal Law "On Participation in Shared construction of apartment buildings and other real estate objects and on amendments to certain legislative acts of the Russian Federation" (hereinafter referred to as the agreement on participation in shared construction);

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

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

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

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

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

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

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

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

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

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

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

IMPORTANT! In August 2017, the Government of the Russian Federation, headed by Medvedev D.A. allocated an additional 2 billion rubles to assist mortgage borrowers. However, the conditions of the program have changed significantly.

2. The Ministry of Construction, Housing and Communal Services of the Russian Federation shall send to the joint-stock company Agency for Housing Mortgage Lending, in accordance with the established procedure, federal budget funds in the amount of 4.5 billion rubles provided for in the Federal Law "On the federal budget for 2015 and the planned period 2016 and 2017", as a contribution to the authorized capital of the joint-stock company "Agency for Housing Mortgage Lending" for the implementation of an assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation.

Judicial practice and legislation - Decree of the Government of the Russian Federation of 04/20/2015 N 373 (as amended on 10/23/2019) "On the main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage housing loans (loans) in a difficult financial situation, and an increase in the authorized capital joint-stock company "DOM.RF"

Subsidies in the form of a property contribution to the authorized capital are provided to the joint-stock company "Agency for Housing Mortgage Lending" in accordance with the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, approved by the Decree of the Government of the Russian Federation dated April 20, 2015 N 373 "On the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage loans (loans) in a difficult financial situation, and an increase in the authorized capital of the open joint-stock company "Agency for Housing Mortgage Lending".

Part of the mortgage debt will be forgiven for those citizens whose incomes have decreased by a third - borrowers who find themselves in a difficult financial situation will be able to receive assistance from the state in accordance with the Decree of the Government of the Russian Federation of 04/20/2015 No.

A list of such borrowers was approved, they include the following categories of citizens:

• combat veterans
• citizens who have 2 or more minor children as dependents
• disabled people
• employees of municipal and state institutions of healthcare, culture, employment, social protection, physical culture and sports, scientific organizations, employees of the military-industrial complex

Decree No. 373 of April 20, 2015 provides for such Russians debt restructuring on the basis of an application if their income has decreased by 30% or more. The Decree provides certain conditions for the mortgage object (its location, area, cost), as well as for the loan itself, more precisely, for its purposes ( overhaul, purchase of housing, participation in shared construction, etc.). As of the date of application, the delay in payments must be at least 30 and not more than 120 days, and the loan itself must be issued no later than January 1, 2015.

During the assistance period (12 months), the borrower's payments will be reduced, part of the principal debt will be forgiven, the terms of the loan will be changed, the interest rate will not exceed 12% per annum

The creditor, in turn, has the right to compensation for part of the lost income (the maximum amount of compensation is 200 thousand rubles). The authorized capital of AHML OJSC was increased by 4.5 billion rubles as part of the program.

Information about changes:

Decree of the Government of the Russian Federation of December 7, 2015 N 1331 amended the name

See title text in previous edition

Decree of the Government of the Russian Federation of April 20, 2015 N 373
"On the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, and an increase in the authorized capital of the joint-stock company Agency for Housing Mortgage Lending"

With changes and additions from:

In order to implement the plan of priority measures to ensure the sustainable development of the economy and social stability in 2015, approved by the Decree of the Government of the Russian Federation of January 27, 2015 N 98-r, the Government of the Russian Federation decides:

1. Approve the attached basic conditions implementation of a program of assistance to certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation.

Information about changes:

2. The Ministry of Construction and Housing and Communal Services of the Russian Federation to send to the joint-stock company Agency for Housing Mortgage Lending, in accordance with the established procedure, federal budget funds in the amount of 4.5 billion rubles provided for in federal law"On the federal budget for 2015 and for the planning period of 2016 and 2017", as a contribution to the authorized capital of the joint-stock company "Agency for Housing Mortgage Lending" for the implementation of a program of assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation.

Information about changes:

See the text of the paragraph in the previous edition

3. The Federal Agency for State Property Management shall ensure, in accordance with the established procedure, an increase in the authorized capital of the Joint-Stock Company "Agency for Housing Mortgage Lending" by 4.5 billion rubles by placing additional shares and take actions related to the acquisition of these shares and registration of ownership rights to them of the Russian Federation, in accordance with a tripartite agreement between the Ministry of Construction and Housing and Communal Services of the Russian Federation, the Federal Agency for State Property Management and the Joint Stock Company Agency for Housing Mortgage Lending.

Information about changes:

Decree of the Government of the Russian Federation of December 7, 2015 N 1331 supplemented the resolution with clause 3.1

3.1. Allow the Joint Stock Company "Agency for Housing Mortgage Lending":

to use the funds received in accordance with paragraph 2 of this resolution for the purpose of compensating for shortfalls in income or losses (part thereof) on mortgage housing loans (loans), the rights of claim on which have been acquired by the Joint-Stock Company "Agency for Housing Mortgage Lending" and the restructuring of which has been carried out in accordance with the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage housing loans (loans) in a difficult financial situation (hereinafter referred to as the program) approved by this resolution (hereinafter referred to as the program);

place temporarily free funds received for the purpose of implementing the program in government securities (federal loan bonds) and (or) in bank deposits, the list of which is determined by the Supervisory Board of the Joint-Stock Company Agency for Housing Mortgage Lending, and use the proceeds from their placement income for financing the program and compensation for its operating expenses related to the implementation of the program, the list of which is determined by the Supervisory Board of the Joint-Stock Company Agency for Housing Mortgage Lending.

4. Subparagraph "c" of paragraph 2 the main conditions for the implementation of the program, approved by this resolution, shall enter into force on July 1, 2015.

Information about changes:

Decree of the Government of the Russian Federation of December 7, 2015 N 1331 The main conditions are set out in a new edition

See the text of the General Terms in the previous edition

Approved
resolution Governments
Russian Federation
April 20, 2015 N 373
(as amended decrees Governments
Russian Federation
dated December 7, 2015 N 1331)

Basic conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation

1. The main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) in a difficult financial situation (hereinafter referred to as the program) determine the conditions for restructuring mortgage loans (loans) for certain categories of borrowers in a difficult financial situation, and also the conditions for compensation to creditors (lenders) on mortgage housing credits (loans) and to the Joint-Stock Company "Agency for Housing Mortgage Lending" on credits (loans), the rights of claim on which are acquired by this company, for shortfalls in income or losses (part of them) arising as a result of carrying out such restructuring (hereinafter respectively - losses, creditor, borrower, compensation, restructuring).

2. The procedure for payment of compensation is determined by the joint-stock company Agency for Housing Mortgage Lending and is published on its official website in the information and telecommunications network "Internet".

3. The creditor's losses on each mortgage housing loan (loan) restructured in accordance with this document are subject to compensation in the amount for which, as a result of restructuring in the cases provided for subparagraph "g" of paragraph 9 of this document, the amount of the borrower's monetary obligations under the loan agreement (loan agreement) is reduced, but not more than the maximum amount of compensation specified in paragraph 6 of this document.

4. Restructuring is carried out by decision of the creditor on the basis of an application for restructuring submitted by the borrower (simultaneously joint and several debtors) to the creditor (hereinafter referred to as the application for restructuring).

Restructuring can be carried out both by concluding an agreement by the creditor and the borrower (solid and several debtors) on changing the terms of a previously concluded loan agreement (loan agreement), and by entering into a new loan agreement (loan agreement) for the purpose of full repayment of debt on a restructured mortgage loan (loan) (hereinafter referred to as the restructuring agreement).

5. The total amount of reimbursement payments under the program at the expense of the federal budget cannot exceed 4.5 billion rubles. This amount can be increased by the amount of the positive balance of income from the placement by the joint-stock company "Agency for Housing Mortgage Lending" of temporarily free funds in government securities (federal loan bonds) and (or) in bank deposits and operating expenses incurred related to the implementation of the program.

6. The maximum amount of compensation for each restructured mortgage housing credit (loan) is 10 percent of the balance of the credit (loan) amount calculated as of the date of conclusion of the restructuring agreement, but not more than 600 thousand rubles.

7. The concluded loan agreement (loan agreement) as of the date of filing the application for restructuring must simultaneously meet the following conditions:

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

citizens with one or more minor children;

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

citizens who are combat veterans;

citizens who are disabled or have disabled children;

b) change in income of the borrower (solid debtors):

the average monthly income of the borrower (solidary debtors), calculated for 3 months preceding the date of filing the application for restructuring, decreased by at least 30 percent compared to the average monthly income of the borrower (solidary debtors), calculated for 3 months preceding the date of conclusion of the loan agreement (agreement loan), or the amount of the scheduled monthly payment on the loan (loan), calculated as of the date of filing the application for restructuring (in ruble equivalent at the rate of the relevant currency established by the Central Bank of the Russian Federation on the same date), increased by at least 30 percent compared to with the amount of the scheduled monthly payment calculated as of the date of conclusion of the loan agreement (loan agreement);

the average monthly total income of the borrower's family (solidary debtors), calculated for 3 months preceding the date of filing the application for restructuring, after deducting the planned monthly payment on the loan (loan), calculated as of the date of filing the application for restructuring, does not exceed for each member of the borrower's family (joint and several debtor) twice the subsistence minimum established in the constituent entities of the Russian Federation, in whose territory the persons whose incomes were taken into account in the calculation live. At the same time, the average monthly total income of the family of the borrower (solidary debtors) in the billing period is equal to the sum of the average monthly incomes of the borrower (solidary debtors) and members of his family, which for the purposes of this document include the spouse (wife) of the borrower (solidary debtor) and minor children, including including those under their guardianship or guardianship;

c) the fulfillment of the obligations of the borrower under the loan agreement (loan agreement) is secured by a mortgage of a dwelling located on the territory of the Russian Federation, or a pledge of rights of claim arising from an agreement on participation in shared construction that meets the requirements federal law a "On Participation in the Shared Construction of Apartment Buildings and Other Real Estate and on Amendments to Certain Legislative Acts of the Russian Federation" (hereinafter referred to as the Shared Participation Agreement);

d) residential premises, including residential premises, the right of claim to which arises from an equity participation agreement, the mortgage of which is a security for the fulfillment of the borrower's obligations under a loan agreement (loan agreement):

total area 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;

at the cost of 1 sq. meters of the total area does not exceed more than 60 percent of the cost of 1 square. meters of the total area of ​​a typical apartment for the primary or secondary housing market (respectively) in the constituent entity of the Russian Federation in which the residential premises are located, determined according to the data of the Federal State Statistics Service as of the date of conclusion of the loan agreement (loan agreement);

e) residential premises, including residential premises, the right of claim to which arises from an equity participation agreement, the mortgage of which is a security for the fulfillment of obligations under a loan agreement (loan agreement), is the only residence of the mortgagor. At the same time, it is allowed to have an aggregate share of the pledgor and members of his family in the ownership of other residential premises in the amount of not more than 50 percent in each of such other residential premises;

f) the loan agreement (loan agreement) as of the date of submission of the application for restructuring must be valid for at least 12 months.

8. Requirements stipulated subparagraph "g" of paragraph 7 of this document are not presented if the pledgor has 3 or more minor children.

9. The restructuring agreement must provide for the following conditions:

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

b) setting the lending rate for the entire term of the credit (loan) not higher than 12 percent per annum (for credits (loans) previously issued in foreign currency) or not higher than the rate in force on the date of conclusion of the restructuring agreement - for credits (loans) previously issued in rubles of the Russian Federation. An increase in the lending rate is possible only if the borrower violates the conditions or terms for concluding insurance contracts stipulated by the loan agreement (loan agreement) concluded before the restructuring;

c) in the event that the restructuring agreement establishes a period of assistance, the duration of which cannot exceed 18 months, a decrease in the monthly payment for the period of assistance by at least 50 percent of the amount of the planned payment calculated as of the date of conclusion of the restructuring agreement (in ruble equivalent at the rate of the relevant currency established by the Central Bank of the Russian Federation as of the date of conclusion of the restructuring agreement), at the expense of:

reducing the lending rate for the period of assistance in accordance with subparagraph "d" of this paragraph;

postponing to later periods the date of making payments to repay the amount of the credit (loan) and (or) interest accrued during the period of assistance;

d) reduction of monetary obligations of the borrower (solid debtors) in the amount of not less than the maximum amount of compensation established by paragraph 6 of this document, due to:

changes in the currency of the credit (loan) from foreign currency to rubles of the Russian Federation at a rate lower than the rate of the corresponding currency established by the Central Bank of the Russian Federation as of the date of conclusion of the restructuring agreement;

one-time forgiveness of a part of the credit (loan) amount;

reduction for the period of assistance specified in subparagraph "c" of this paragraph, the lending rate.

10. The amount of reduction of monetary obligations of the borrower (solid debtors) (V) in the case provided for in paragraph four subparagraph "g" of paragraph 9 of this document is calculated by the formula:

The amount of interest accrued for the period of assistance;

n- the number of months of the period of assistance to the borrower;

p- the amount of the interest rate established on the credit (loan) after the end of the assistance period in compliance with the requirements stipulated subparagraph "b" of paragraph 9 this document;

Pi- the amount of the interest rate established on the credit (loan) for the period of assistance.

11. When concluding a restructuring agreement, it is not allowed to shorten the terms of mortgage housing credits (loans).

During restructuring, it is not allowed for the creditor to charge the borrower (solidary debtors) a commission for actions related to the restructuring.