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

(As amended by Decrees of the Government of the Russian Federation of 23.02.2018 N 193, of 27.12.2018 N 1697)

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

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

(clause 3 as amended by Decree of the Government of the Russian Federation of February 23, 2018 N 193)

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

a) allocation by the organization of credit resources for the production and (or) export of military industrial products;

b) timely execution by the organization of loan agreements within the terms and volumes established by the relevant loan repayment schedules;

c) as of the date not earlier than 5 calendar days before the date of submission of documents for receiving a subsidy:

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

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

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

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

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

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

(Clause 3(1) was introduced by Decree of the Government of the Russian Federation of February 23, 2018 N 193)

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

(clause 4 as amended by Decree of the Government of the Russian Federation of February 23, 2018 N 193)

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

(clause 5 as amended by Decree of the Government of the Russian Federation of February 23, 2018 N 193)

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

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

12/27/2018 N 1697)

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

(as amended by Decree of the Government of the Russian Federation of December 27, 2018 N 1697)

c) calculation of the amount of the subsidy according to the form in accordance with Annexes No. 1 or 2 (calculations for tranches received under the credit line are made separately, taking into account their repayments);

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

(as amended by Decree of the Government of the Russian Federation of February 23, 2018 N 193)

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

(as amended by Decree of the Government of the Russian Federation of February 23, 2018 N 193)

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

(as amended by Decree of the Government of the Russian Federation of February 23, 2018 N 193)

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

(clause "g" as amended by Decree of the Government of the Russian Federation of February 23, 2018 N 193)

h) description of the products to be supplied;

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

(paragraphs "and" as amended by Decree of the Government of the Russian Federation of February 23, 2018 N 193)

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

(paragraph "k" was introduced by Decree of the Government of the Russian Federation of February 23, 2018 N 193)

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

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

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

The Ministry of Industry and Trade of the Russian Federation shall return the documents to the applicant if the applicant does not eliminate the identified violations within 30 calendar days from the date of notification.

(as amended by Decree of the Government of the Russian Federation of February 23, 2018 N 193)

The subsidy is provided in the order of priority, formed on the basis of the date of receipt of documents that meet the requirements and conditions provided for in paragraphs 3(1) and 6 of these Rules.

(as amended by Decree of the Government of the Russian Federation of February 23, 2018 N 193)

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

(the paragraph was introduced by Decree of the Government of the Russian Federation of December 27, 2018 N 1697)

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

(as amended by Decree of the Government of the Russian Federation of December 27, 2018 N 1697)

The amount of the subsidy is determined in accordance with the calculations of the amount of the subsidy in the form according to and .

(clause 8 as amended by Decree of the Government of the Russian Federation of February 23, 2018 N 193)

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

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

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

the presence of false information in the documents submitted by the organization.

(clause 9 as amended by Decree of the Government of the Russian Federation of December 27, 2018 N 1697)

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

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

(as amended by Decree of the Government of the Russian Federation of February 23, 2018 N 193)

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

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

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

(clause 13 as amended by Decree of the Government of the Russian Federation of February 23, 2018 N 193)

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

(clause 14 was introduced by Decree of the Government of the Russian Federation of February 23, 2018 N 193)

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

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

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

(clause 15 was introduced by Decree of the Government of the Russian Federation of February 23, 2018 N 193)

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

(clause 16 was introduced by Decree of the Government of the Russian Federation of February 23, 2018 N 193)

17. The Ministry of Industry and Trade of the Russian Federation and the authorized bodies of state financial control are obliged to check whether organizations comply with the goals, conditions and procedure for granting subsidies.

Decree of the Government of the Russian Federation of August 11, 2017 N 961
"On the further implementation of the program of assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation"

The Government of the Russian Federation decides:

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

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

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

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

3. Federal Agency for Management state property ensure, in accordance with the established procedure, an increase in the authorized capital of the Joint-Stock Company Agency for Housing Mortgage Lending by 2 billion rubles by placing additional shares and carry out actions related to the acquisition of these shares and registration of the ownership 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".

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

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

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

Changes to 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

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

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

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

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

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

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

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

Restructuring can be carried out by concluding an agreement by the creditor and the borrower (solid and several debtors) on changing the terms of a previously concluded loan agreement (loan agreement), entering into a new loan agreement (loan agreement) for the purpose of full repayment 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 paragraph 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 credits (loans), the rights of claim under which were acquired by mortgage agents, and to the joint-stock company "Agency for Housing Mortgage Lending" on mortgage housing loans (loans), the rights of claim for which were acquired by this company, losses (part thereof) resulting from the restructuring of mortgage housing loans (loans) in in accordance with the terms of the program (hereinafter referred to as the interdepartmental commission), the maximum amount of compensation for each restructured mortgage housing 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 (solid debtors) - average monthly total income families of the borrower (solidary debtors), calculated for 3 months preceding the date of filing the application for restructuring, after deducting the amount of the planned monthly payment on the loan (loan), calculated as of the date preceding the date of filing the application for restructuring, does not exceed for each member of the borrower's family ( joint and several debtor) twice the amount living wage, established in the constituent entities of the Russian Federation, on the territory of which the persons whose incomes were taken into account in the calculation live. At the same time, the average monthly total income of the 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 federal law"On participation in shared construction 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 of the 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 mortgagor 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 guardianship.Compliance with these conditions is confirmed by the application of the borrower in a simple written form. state register real estate is not required. Joint-stock company The Agency for Housing Mortgage Lending checks the information provided by the borrower in accordance with this subparagraph;

f) the loan agreement (loan agreement) was concluded at least 12 months before the date of submission by the borrower of the application for restructuring, unless mortgage(loan) is provided for the purpose of full repayment of debt on a mortgage housing loan (loan) provided at least 12 months before the date of submission by the borrower of the 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 exchange into Russian rubles 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) denominated in foreign currency);

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

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

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

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

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

The Government of the Russian Federation decides:

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

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

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

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

Prime Minister

Russian Federation

D. MEDVEDEV

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

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

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.

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 scheduled 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);

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 of the 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 mortgagor 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 guardianship.Compliance with these conditions is confirmed by the application of the borrower in a simple written form.Representation by the borrower of information from the Unified State Register of Real Estate is not required. 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.

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);

Charged with murder for appearing on the street for no reason, underground dancing, a ban on kissing, ruined merchants and hoteliers. Italy is killing the economy in an attempt to save citizens. I live in Rome and in a growing nightmare. In Italy, the third day of national quarantine. The night before, Prime Minister Giuseppe Conte announced the closure of all retail, restaurants and bars, hairdressers and beauty salons. Only grocery stores and pharmacies remain open. The work of other enterprises should be transferred to the remote Smart work format as much as possible, only those for whom this is impossible remain to work. On the streets, control over the movements of citizens is being strengthened. And without these latest measures, Italy was already almost completely closed. Schools, universities, museums, stadiums, fitness clubs, cinemas are closed ... - any place that involves a little bit of a crowd of people. All public events, including funerals, are prohibited. You can leave the house only for three reasons: work, health or necessity (for example, to buy groceries), and you must carry a special statement of the established form with you, in which you wrote why you left the house. People used the legal option to play sports or walk outdoors while maintaining a distance of one meter, but on the second day in some cities in the north, such as Milan, parks were also closed. And people stopped talking about their losses because of the crisis. Because it's better not to think about it anymore. I still read comments on social networks that the coronavirus is no worse than the flu. I want to show these commentators an Italy that is now, at this very moment, committing economic suicide in an attempt to somehow stop the spread of the epidemic. How the country will get out of the already obvious crisis will be decided later, but now there is another task - to prevent the number of seriously ill patients from becoming more than the healthcare system can withstand: every tenth coronavirus patient needs intensive care, primarily artificial lung ventilation . Therefore, I invite you for the last walk with me, which I managed to do before the final home imprisonment. Illustrations #1 February 23 Friends from Moscow come to visit me. We walk all day, and only late in the evening I learn that “red zones” have appeared in the north, the inhabitants of which are in quarantine. The coronavirus is already ruining the lives of Italians: there are noticeably fewer tourists in Rome, but so far only the tourism business is suffering from this. Pharmacies have already run out of masks. And yet no one takes quarantine itself seriously: neither we in the capital, nor the northerners themselves. Later we learn about several escapes from quarantine: someone went skiing in the Alps, and someone waved to dance the tango in Argentina. And there and there later new outbreaks of the disease will be recorded. February 26 Friends are increasingly talking about how the coronavirus limits their work: someone had a planned congress for 3,500 people in Umbria, someone had a promising business trip to Saudi Arabia (Italians are becoming less and less welcome every day) , someone has a contract for communication services for the filming of the film "Mission Impossible". Our school, which has planned several tours to Russia this spring, has started to cancel bookings. A little later, I learn about the disruption of two deals for the sale of a chain restaurant and a distributor regional products nutrition. The Italian government is offering various measures to support people in quarantine. In Italy, 153 people are infected with the coronavirus. Three have died. February 28 Losses of hotels alone in March-May are estimated at more than 7 billion euros. I'm having lunch with a friend who runs a liquor store near Plaza España. He pays 10,000 euros a month for rent, has two salespeople and hasn't had a single purchase in a week. He says that if the whiskey festival, which is due to be held in mid-March, fails, he will be ruined. The owner of the cafe where we have lunch complains that he has never seen so few tourists. In Italy, coronavirus was found in 821 people. 46 recovered, 21 died. March 1 Italy canceled free admission to museums - traditional on the first Sunday of the month. The authorities are increasingly calling for abandoning the usual abbracci e baci, hugs and kisses, and even simple handshakes. Increasingly, there is a call to keep a distance of one meter. Coronavirus found in 1,694 people. 83 recovered, 41 died. 4 March The government closes all schools and universities in Italy. This also applies to all private schools and courses - language, dance, etc. The ban also affected me, a teacher of Russian to Italians in a language school. Initially, the ban was supposed to last until March 15. And this is where it gets really uncomfortable. I call a friend who keeps a small b&b near the Colosseum, and half-jokingly offer: - I'm ready to wash the toilets in your hotel, how much do you offer? - What toilets, Milena? I have full cancellation until June. No occupied rooms. All toilets are clean. Following the closure of dance schools and the banning of events with dances of any genre, it becomes known that a few passionate tango lovers are organizing underground milongas at home. 3,089 cases of infection have been registered. 279 people have recovered, 107 have died. March 6 Doctors in Milan and Bergamo are sounding the alarm that intensive care occupancy is approaching 40%. Friday night: a popular restaurant, where you usually can’t get into at the end of the week without a reservation. We go in - an empty hall with two occupied tables. “Please, sit down... and sit down wherever you want,” the waiter sadly gestures around the deserted restaurant. 4,636 cases of infection. 523 people have recovered, 197 have died. March 7 It becomes known that the whole of Lombardy is going to be declared a "red zone" and to prohibit any movement. Panic sets in on social media. Children from the south storm the last trains and buses leaving Milan to go home to their parents. On the night of March 8, it becomes known that in addition to Lombardy, 14 more regions are being closed. The next morning, about 2,500 people will surrender to the authorities, but they will do this after they have already landed in Apulia, Campania and other southern regions, as well as in Rome. Italians furious: in the south medical system is poorly developed, and to escape from the closed developed Milan is to endanger your fellow citizens in the south. Italy has 5,883 infections. 589 people have recovered, 233 have died. March 8 The center of Rome cannot be called deserted: a day off and excellent weather drove people to the promenade. The Colosseum and the Forum are closed, there are about 20 people around the Trevi Fountain, but the policeman says that they are also going to close the fountain to the public. The Romans and tourists dine on the street, there is no question of any distance of one meter. In the evening, numerous photos of people sitting tightly on the terraces of restaurants will cause a harsh negative reaction from the authorities. Antonio Pesenti, coordinator of the crisis center in Lombardy, says that by March 26 there will be 18,000 patients in Lombardy alone, 3,000 of whom will need mechanical ventilation. 7 375 cases of infection. 622 people have recovered, 366 have died. March 9 I just finished a class with the only student I have left. He orders lessons from his office, so the administration of the language school decided that I could continue to teach him despite the closure of the school. I opened Facebook on the go and read an article that the coronavirus began to circulate freely in Rome and that in the coming days the number of patients will grow exponentially, promising to turn Rome into a kind of Milan. As if the morning articles weren't enough about the fact that in Bergamo the intensive care wards are already overcrowded and doctors have to make a choice of whom to save. “Like in a war,” one of the doctors will say in an interview. In the evening of the same day, statistics were updated: more than 1,000 new infections with coronavirus per day. A couple more hours will pass, and Prime Minister Conte will announce the introduction of quarantine throughout the country. March 11 Second day of total quarantine. Today I have to go out of the house: to give a Russian lesson in the office of company X in the center of Rome. This is the only student left - I give lessons to the rest on the school grounds, and the school is closed until April 3rd. No lessons - no money. This is the situation that most teachers of private schools - language, dance, etc. - found themselves in. And not only them: no work or no business - this is the reality that many Italians will have to live with when the virus recedes. In order to leave the house somewhere beyond the nearest supermarket, I need a statement about the purpose of my movement. It must be downloaded from the website of the Ministry of Internal Affairs, printed and filled out. There is no printer at home, and the absence of a statement makes me a little nervous: the authorities promise severe punishment for its absence or falsification of information - from a fine of 206 euros to three months of arrest. To consolidate the effect, it was reported the night before that if a person with symptoms of coronavirus leaves the house (35% of those infected are treated at home), then he is promised to be charged with premeditated murder. In the season of the March cold and blooming allergies, you begin to be afraid of each of your own, as luck would have it, a more frequent sneeze. Ah yes, the statement. The police have already reported on the results of the first day that they caught several violators, but treated them condescendingly, giving them "time to build up." None of my friends were stopped on the first day, but knowing my luck, I'm still nervous. Luckily for me, my school will have a secretary today as we prepare to move classes online. Officially, for now, the quarantine will last until April 3, but more and more talk is heard that it will be extended until Easter, that is, April 12. Therefore, I go to school to print out the application and also stamp it for reliability. There are very few cars and even fewer pedestrians. Seems like I got lucky. Having printed out the certificate, I walk to the lesson. Probably never before has Rome been so deserted by daylight. Involuntarily, stories about neutron bombs from early childhood during the Cold War come to mind: the buildings are intact, but the people are not. Beautiful, but uncomfortable: Rome is difficult to separate from the constant noisy crowd. Hard quarantine lasts the second day. But the effect is already there. At least on the streets. It will appear in medical statistics in two weeks, the Prime Minister will announce in the evening. Italians, who ignored calls for lockdown and the Io resto a casa, “I stay at home” campaign launched by the authorities, have finally realized the seriousness of the situation. Inspiring posts are being created on social networks about how strong hugs will be after a long separation (hugs and kisses at a meeting, traditional for southern culture, were banned two weeks earlier) and how together we will finally have lunch with a big company. Lying on the couch becomes an act of patriotism. The #iorestoacasa hashtag is turning into an act of civic consciousness. And as loud as it sounds, it's finally true. All last week in the city it was noticeable less people . The Romans rejoiced and remembered the holiday season in the second half of August, when the city was dying out. But now, under quarantine, the number of people has decreased significantly: tourists are returning home, and Italians have no time for walking. I walk along empty streets with occasional pedestrians. Many shops are already closed, although the official ban will not be announced until the evening. Numerous restaurants along my road are also closed. Including the noisiest one, right next to the office where I go. Over the past two days that I have not been here, posters about the coronavirus have appeared on the glass doors of the office center where my student works. On the elevator - a warning that you can use it only one at a time. Let the city become even more empty, but for me the main thing is that the company where my student works remains open, although it has transferred half of the staff to remote work. For me, it is also a legal way to get out into the city. Each company solves the issue of working in recent days in its own way: IT companies were the first to switch to remote work, and someone was forced to do it urgently, “thanks” to the fact that a colleague from Milan dropped into the office; engineering and architectural studios have smoothly brought the work to one attendance day in the office, but acquaintances from corporate banking, for example, say that they still go to work in full force. The promotion of remote work, Smart working, is gaining momentum, so that purchases of laptops have grown by up to 50%. At least someone has benefited from what is happening. For those for whom remote work is impossible, the employer offers other conditions that are not always pleasant. A friend of mine who works as a saleswoman in a luxury clothing store has to take an extra two days off each week to cover her vacation. Her annual vacation will end faster than the quarantine. The lesson is over. On the way home, I turn to the main Termini station: a huge line of taxi drivers and not a single potential client, rare passengers, half of the shops and almost all cafes are closed. This makes the station darker than usual. If the deserted center is beautiful in the bright rays of the spring sun, then the half-empty and half-dark station acts depressingly. I'm in a hurry to get home. In my area, I finally see people, and in much greater numbers than in the center. At first I am surprised at such a hype, and then I understand: people maintain a distance of one meter from each other, and in most small shops this can only be done by waiting on the street. There is a queue in front of the entrance to the supermarket, because only a small number of people can be inside. The distance between people is more than a meter. At the entrance to the store, disposable gloves are issued: you can only be inside them. At almost every counter there are yellow leaflets about the need to keep your distance. Meanwhile, WHO announces the beginning of a coronavirus pandemic. It would seem that it's time to shop online, but, unfortunately, I'm not the only one who thinks so. On the morning of Thursday, March 12, the delivery time for groceries in Rome is extended to 12 days. In the meantime, on Wednesday evening, I listen to another speech by the Prime Minister about the next tightening. Not to say that they were a big surprise, already from the first day of quarantine, the governors of the northern regions, primarily the head of the most affected Lombardy, Attillio Fontana, proposed introducing at least in the most affected areas a total ban on any commercial activity, leaving only grocery stores and pharmacies open, and reducing public transport to achieve maximum isolation of citizens. They say there is no point in quarantine as long as people go to work every day. “There will be no blind race to the abyss,” the prime minister replied on Thursday evening, introducing new restrictions, but adding that even an increase in the incidence in the coming days does not mean an immediate further tightening: it should take two weeks for the result of quarantine to become noticeable. He also emphasized that there are open banks, insurance companies that factories can continue to operate with maximum safety measures for their employees, and most importantly, supermarkets will operate without interruption. Italy has 12,462 cases of coronavirus infection. 1,045 people have recovered, 827 have died. March 12 I was awakened by a call from the secretary from the Russian language school where I teach. - Milena, cancel all lessons with X. - Why? - Additional restrictions have been released, now you can go to work only if it is so specific that it is impossible not to go to work. The rest can leave the house only to the store and pharmacy. Control increased: I myself was stopped jogging in the morning and told to return home. By the middle of the day, seven people had been arrested in Rome for violating the quarantine regime and 43 fined. 15,113 cases of the disease, 1,258 people recovered, 1,016 died, 1,153 are in intensive care. Milena BAKHVALOVA, Banki.ru

12.03.2020 ?Seven troubles - one chargeback. How much more can be squeezed out of defrauded investors?

Russians who have suffered from financial scams are offered to return the money using the chargeback procedure. How realistic is this and how much do those who offer it earn? Return with and without a guarantee “Did the broker steal the money? We will return! "We will refund the money with a guarantee!" "Chargeback - we will return your money under the guarantee of the Visa system." Approximately such promises are distributed to citizens affected by financial fraud by numerous law firms. One has only to type in the search engine "forex scammers", "chargeback" or just the name of the company that appeared in the lists of "black brokers". Chargeback, or chargeback, is a procedure for protesting a transaction made with a bank card. For example, if you ordered a product in an online store, but it was not delivered to you. In this case, the bank that issued the card can apply to the payment system (Visa, Mastercard), which will return the money to the client's account if the seller's dishonest behavior is proven. What does it look like in practice? To deal with the representative of the Control Committee of the Association of Forex Dealers Dmitry, we are heading to one of the law firms - Tagansky Dom Prava. Here we were promised to advise and help. The legend is this: we are professional traders who cannot return money from two well-known forex companies - RoboForex and ForexOptium. After a short wait, the secretary invites us to the lawyer Oleg. He sits in a massive director's chair, the table is littered with papers. The look is serious, a little bored. We tell our story: they bought into high spreads and lost more than 20 thousand dollars. Oleg asks to see documents - contracts with forex dealers, accounts payable, account statements, screenshots of transactions. All this, according to him, will be required for the court. To my remark that I am waiting for a response from the Central Bank, the lawyer reacts skeptically: “These companies are not under his jurisdiction. Most likely, these companies do not have licenses.” For his services, Oleg asks for a fairly decent amount - 127.5 thousand rubles. This is a fee, including for the preparation of claims, claims and representation of interests in court. But there is a more economical option - chargeback. The lawyer clarifies that this only works if the client of the forex broker used a bank card, no matter which bank. If the money was paid in cash, you will have to sue. “Everything that was entered through the card is subject to chargeback,” he assures. You will have to pay 58.5 thousand rubles for this. The company takes care of all the paperwork - correspondence with the bank and the payment system, the whole procedure takes one to two months. There is only one question left to discuss: is it always possible to return the money transferred to a forex broker using a chargeback? Oleg avoids a direct answer. According to him, it all depends on whether the broker can prove an aleatory (risky) deal. “But if they don't have a license and the money doesn't enter the market, then there is no question of any risky transactions,” he explains. The lawyer does not recommend filing a complaint with the police: “There is no point. After 30 days, you will receive a refusal to initiate a criminal case. If everyone collected through the police, then they probably wouldn’t steal.” Will there be any sense from the chargeback and litigation- the question is open, but the lawyers of the "Tagansky House of Law" will receive their payment in any case. Bitcoins on credit In the field of view of lawyers providing money back services, those who have decided to entrust their money to private managers or so-called forex dealers most often fall into the field of view. Some of these companies have already been mentioned by Banki.ru in their publications. Private investor Ivan decided to invest in bitcoin. He opened a cryptocurrency wallet and, with the help of an employee of a company registered on the islands of Saint Vincent and the Grenadines, exchanged rubles for virtual currency through an exchanger located in Moscow City. To invest a substantial amount, Ivan issued consumer loans in three banks, and also mortgaged his apartment. In total, the investor spent about 7 million rubles on the purchase of bitcoins. Ivan no longer saw the money invested (not to mention profits): company representatives said that due to a sharp jump in rates, investments “disappeared”. Instead, he was offered a certificate for free basics training. stock trading. But Ivan did not give up. To get his money back, he turned to lawyers, signing an agreement with the Tagansky House of Law. Judging by the contract (available to Banki.ru), the contractor had to apply to several banks, the services of which Ivan used, in order to challenge the transactions, as well as prepare and send complaints to the Central Bank, the prosecutor's office and other departments. All these services cost Ivan 150 thousand rubles. According to him, the company's lawyers said that the money can be returned if no more than 540 days have passed since the transaction. Of course, the client of Tagansky Dom Pravo did not receive any guarantees. When a chargeback is useless Representatives of law firms, who were asked by Banki.ru to comment on whether a chargeback can help with the return of funds from a pyramid scheme or an illegal broker, do not give an unambiguous answer. “Application to the chargeback mechanism is the only effective and last opportunity to return the money, but it is not effective in all cases, since the initiator is often refused a refund,” says Yevgeny Mirgorodsky, lawyer at the S&K Vertical law office. The problem, he said, may lie in the lack of justification of the requirements. For example, in order to receive a chargeback, you need to prove that the broker did not fulfill the terms of the contract. But in contracts with clients, brokers warn of the risk of losing money, so it is almost impossible to prove the broker's dishonesty. In other words, it will not work to use a chargeback if the forex dealer proves that the client lost money due to objective circumstances (changes in exchange rates, etc.), and that he was aware of these risks. At the same time, according to the head of the legal practice of Grace Consulting Ltd Ekaterina Orlova, banks very rarely voluntarily go for the chargeback procedure, since the rules of international payment systems establish serious penalties for banks in excess of a certain threshold value by chargeback. The lawyer believes that the effect of using a chargeback in the relationship between a client and a Russian forex dealer is doubtful. “In the event that a forex dealer is registered in another jurisdiction and the applicable local legislation on the securities market allows a transfer using bank card, a chargeback may be possible if there are grounds for such, outside the risks assumed by the client and if there is a corresponding condition in the contract for banking services”, she said. However, even in this case, Orlova assures, it is impossible to guarantee a chargeback, since the final decision to satisfy the application in any case is made by the acquiring bank and / or the international payment system. The words of lawyers are confirmed by representatives of banks. “The issuer, as a rule, does not have the opportunity to protest the transfer of funds to unscrupulous brokers. That is, it is technically possible to make a chargeback procedure, but the acquirer will reject it due to violation of the conditions for its implementation, ”Oleg Kuserov, Managing Director of Absolut Bank, is categorical. He explains: for example, if a cardholder replenished a brokerage account by transferring to a payment aggregator, then such a transaction is a transfer of funds to the account third party organization, and here the chargeback is no longer relevant. According to Kuserov, the chargeback is all the more useless if the broker or forex dealer "leaked the deposit", that is, deliberately brought the client to a loss. Only law enforcement agencies and the court can prove that fraud has been committed. Director of payment department PSB cards Alexander Petrov also believes that in relation to operations on the stock exchange, chargeback is far from the most suitable tool for returning money. “Protesting of operations is carried out on the basis of the rules regulated by payment systems. So, according to the rules of Mastercard, there is a ban on issuing such disputes, even if the client protests the impossibility of withdrawing funds. The payment system considers that the service is fully provided at the moment of replenishment of the brokerage account. You can protest the operation only if the funds were not credited to the brokerage account,” he said. But Visa, he said, allows a protest if the client can prove that there are funds in the account, but he cannot withdraw them. Visa declined to comment, and Mastercard representatives told Banki.ru that, according to the cardholder, the card-issuing bank has the opportunity to protest transactions in a number of cases: if the transaction was not completed, was processed incorrectly, or if the service paid for by the card was not actually provided (with certain exceptions, which include high-risk transactions, such as those carried out on Forex market). "We call them "devil's advocates" Judging by the statistics of the Central Bank, the number of illegal brokers, fake forex companies and financial pyramids in Russia is growing rapidly: last year alone, the regulator found more than 450 such organizations (including 210 in the Forex market). Following them, the demand for the services of lawyers is also growing, says Marat Safiullin, head of the Federal Public-State Fund for the Protection of the Rights of Depositors and Shareholders. " Last year generally became a record number of financial pyramids in the country, a lot of citizens suffered. This generates a flood of requests for legal services, and often, as soon as another pyramid collapses, sites immediately appear where they promise to help with a refund,” he says. “We call them devil's advocates,” Safiullin jokes, “because they promise to return money lost both in pyramid schemes created back in the 1990s and in unscrupulous brokers and forex dealers.” “These lawyers organize pointless proceedings, write to banks, file lawsuits, and all this can drag on for quite some time. Until a person runs out of money. We have seen the documents that these pseudo-lawyers compose: they can contain anything from excerpts from textbooks on the securities market to quotes from the Constitution. This clearly indicates that people are being provided with unskilled services,” he said. The lawyer Yevgeny Moskalenko, who specializes in court cases against forex dealers. He notes that it is possible to initiate the chargeback procedure, but it is necessary, for example, to prove that transactions were not actually made. However, it is almost impossible to prove fictitious transactions. “Usually, all these lawyers try to prove that the services were not provided, which is easily refuted, because after filing an application payment system requests data and receives information on transactions from the dealer, that is, that the service was provided. Therefore, everything that these lawyers do is futile,” he said. According to the experts of the Association of Forex Dealers (AFD), legal companies and organizations that provide services for the return of funds (chargeback) to those affected by the activities of brokers and forex dealers operating without a license from the Bank of Russia, as a rule, have some connection with these unscrupulous financial organizations. “This conclusion follows from conversations with citizens who lost money in these financial institutions and contacting these lawyers. However, the return of funds in this way within the existing legal framework is impossible,” says the representative of the association. Therefore, the AFD recommends that victims immediately go to court. In addition, Marat Safiullin advises, it is necessary to send applications to Rospotrebnadzor, the prosecutor's office or the Ministry of Internal Affairs, and you can also get a free legal assistance in the fund for the protection of the rights of investors and shareholders, leaving a complaint on the Stoppiramida.ru website, where you can write a complaint. If a deceived client of a forex dealer or other organization still intends to try to return the money using a chargeback, then no one prevents him from contacting the bank that issued the card on his own. “Bank employees are required to advise on the implementation of this procedure,” says Mirgorodsky from the S&K Vertical law office. Albert KOSHKAROV, for Banki.ru

11.03.2020 #clothessimple: all about insurance policies with a franchise

A franchise policy is a real opportunity to save an average of about 30% of the cost of insurance. But not in all cases, such savings will be beneficial. When is it worth sharing losses with an insurer? A deductible is a part of the losses that, upon occurrence insured event It is not the insurance company that reimburses, but the insured out of his own pocket. What this part will be is stipulated in the insurance contract: either it is a certain percentage of the insurance coverage, or a fixed amount. Thanks to the franchise, for example, motorists will save a lot on insurance. At the request of Banki.ru, IC Soglasie calculated the cost of a comprehensive insurance policy with and without a franchise for a new Audi A6 car worth 3.5 million rubles. For a policy without a deductible (the insurance company fully covers losses in the event of an accident or other insured events), the car owner will pay 164,940 rubles. And with a franchise - when part of the loss in the event of an insured event is covered not by the insurance company, but by the car owner himself - the policy will turn out to be several tens of thousands of rubles cheaper. For example, with a dynamic franchise, it will cost 145,462 rubles, with an unconditional franchise of 30 thousand rubles, the price will be 98,055 rubles, with an unconditional one of 50 thousand rubles - 92,910 rubles. There are franchises different kinds There are many franchises: conditional and unconditional, preferential and temporary, franchise from the second case (or dynamic). The most popular are unconditional and dynamic. Unconditional - this is when the insurance company pays the difference between the amount of damage and the deductible. “The franchise is beneficial for customers in that it reduces the cost of a hull policy,” says Andrey Kovalev, director of the underwriting and product management department at IC Soglasie. “In our company, such savings can reach 40-45% of the cost of a policy without a franchise.” In Ingosstrakh, thanks to the franchise, the policyholder can reduce the cost of the policy by up to 60%, depending on the car and insurance conditions. On average, the savings are 15-30%. There are other advantages to franchising, for example, saving time. Unlike a regular hull policy, when the car owner must report to the insurer about all, even the most minor damage to the car, the owner of the policy with a deductible may not do this. He is relieved of the need to collect certificates from the traffic police that an accident has occurred, or to obtain a document from the police about illegal actions a third party, if, for example, the car was damaged while it was waiting for the owner at the entrance. No need to waste time calling law enforcement officers, inspecting, filling out documents and delivering them to insurance company. In addition, minor damages are not included in the database of insurers, which has a positive effect on the insurance history. “Car owners have become more attentive to their insurance history, because information about in large numbers of painted parts depreciates the car in the secondary market even more than the presence of minor damage to the paintwork,” notes the Director of the Directorate retail business of Ingosstrakh company Vitaly Knyaginichev. There is an interest in the franchise and insurance companies that reduce their costs for the settlement of minor insured events. And they minimize fraud: a Casco owner without a franchise who finds a scratched bumper is tempted to add damage so that the insurer pays for the replacement of the part, not painting. If a motorist has a policy with a franchise, then he will paint over the scratches at his own expense, and the insurer will not even know about them. But in the event of a serious accident, the car will be restored by the insurer. Franchise of the culprit The car owner determines the amount of the franchise at his own discretion, focusing on financial capabilities (when you have a hull insurance with a franchise, it is better to have a cash reserve for an unforeseen event) and based on the insurer's proposals. If you are an experienced motorist and the risk of a serious accident due to your fault is minimal, but, as they say, the circumstances on the road are different, you can safely purchase a hull insurance with the deductible of the culprit. In this case, the insurers have the principle “not to blame - do not pay”, that is, the deductible is valid only when the accident occurred through the fault of the insured or the culprit has not been identified. If your car is damaged in an accident that is not your fault, the insurer will restore the car completely at its own expense and will not take a deductible. And if unknown people damaged the car, for example, during parking, then the repair will also be carried out in full, however, already taking into account your franchise. The franchise from the second case, or dynamic, is very convenient for car owners. Its essence is that the losses after the first insured event are fully reimbursed by the insurer, and the deductible will be deducted from the insurance payment from the second event. Moreover, it can increase with each new application of the insured. Vitaly Knyaginichev says that such policies allow motorists to save about 15% of the "damage" risk premium. For example, insurance premium for a VW Golf worth 1.5 million rubles without a franchise is 56,080 rubles. If you include the deductible from the second case in the amount of 11 thousand rubles, then the premium will decrease by almost 8 thousand rubles and amount to 48,186 rubles. And if, for example, you include a franchise for each case in the amount of 30 thousand rubles, the premium will decrease to 35,028 rubles, that is, the savings will be more than 20 thousand rubles. Not only in auto insurance The most widespread policies with a deductible are in auto insurance. Although they exist in other types of insurance, for example, in travel insurance. The popularity of insurance products with a franchise depends on the region where the tourist is staying. “For some countries, the deductible is included in all policies, although its size is usually small and amounts to about $50,” explains Vitaliy Knyaginichev. - In general, the deductible for travel abroad insurance (TCD) is used infrequently, which is due to the low cost of TCD insurance. Irina Noskova, head of the underwriting, sales support and contract support department in the tourism industry of the Soglasie insurance company, says that the franchise is mainly used for mass tourism destinations, for example, when traveling to Turkey, Thailand, as part of cooperation with tour operators. As a rule, we are talking about an unconditional franchise. The cost of a policy with a deductible is lower than the cost of a policy in which it is not. Many insurers use it to reduce unprofitability in mass areas. “The presence of a deductible in the TCD insurance policy means self-payment of part of the costs to the doctor / medical institution when applying for medical and other assistance under an insurance contract. Most often, the size of an unconditional franchise can be from 20 to 40 y. e.,” she says. The franchise does not apply to insurance of citizens traveling to the Schengen area: this is the requirement of the consulates of these countries. You can meet policies with a franchise in property insurance, But not often. “Classic home insurance for individuals, as a rule, provides for the possibility of using a franchise, but in practice, customers very rarely use it,” says Andrey Kovalev. - The reason is that in this case, the deductible does not have such a strong effect on the reduction of the tariff, as in auto insurance. And in mortgages, taking into account the requirements of banks for insurance coverage, the franchise in standard contracts is not used at all.”

10.03.2020 Bank coronavirus. Three scenarios for the development of events for the Russian banking sector

COVID-19 is already slowing the pace of global economic growth. What will the spread of the virus mean for the Russian banking system: a slight decrease in profitability, a protracted crisis, or a positive shock? Banki.ru assessed three possible scenarios. The growth rate of new infections in China is declining, but new foci of infection are emerging in the world. Now Italy, Korea and Iran are at the forefront, which have not yet been able to stop the problem. The OECD has already lowered its forecast for global economic growth this year from 2.9% to 2.4%, the IMF also expects a slowdown, but it is not taken to assess its scale yet. To date, Russia has 20 confirmed cases of COVID-19 infection, but the situation in foreign markets is already indirectly affecting the Russian economy. According to the Chairman Accounts Chamber Alexei Kudrin, damage to the pace GDP growth countries from the coronavirus will be 0.1-0.2 percentage points. Losses are calculated primarily by the tourism business, export companies, and the transport sector. The collapse in oil prices will drastically reduce the replenishment of Russia's national reserves. All this can directly or indirectly affect all sectors of the Russian economy, including banking. Banki.ru interviewed analysts and assessed three scenarios for the development of events for credit organizations and their clients. Scenario 1. The epidemic will bypass Russia Most of the analysts and bankers interviewed by Banki.ru say that the spread of the coronavirus has not yet had a direct and significant impact on the Russian banking system. An indirect impact is still observed - through the fall in oil prices, the weakening of the ruble, the outflow of capital from emerging markets, including Russian assets, and the volatility of assets on banks' balance sheets. So far, the risks are under control: the “airbag” in the NWF, the near-zero foreign exchange position of the financial sector (that is, funds raised in foreign currency are covered by foreign currency assets) and the containment of lending in foreign currencies to Russian non-financial companies are saving, the managing director believes rating agency"NKR" Stanislav Volkov. “The fact that the currency position as a whole banking system remains close to zero, significantly reduces the direct impact of the ruble exchange rate on the profits of banks,” he notes. Mikhail Vasiliev, chief analyst at Sovcombank, also believes that Russian economy and the banking system last years adapted to a sharp change in external conditions, and the budget rule reduced the dependence of the ruble exchange rate on oil prices. In order for the disease to really affect the global economy, the number of patients in the world must be in the tens of millions, says Gennady Salych, Chairman of the Board of Freedom Finance Bank. So far, the disease itself is not as terrible as rumors about it. Panic that is generated by speculation in funds mass media and social media, could stifle consumer activity, increase investor risk aversion, and induce some regulators to take non-market measures and artificially curb economic demand. “If the economic leadership of the Russian Federation refuses to pursue a significant independent policy in the face of increased external negative pressure on the economy, then the existing problems of the banking sector will develop,” says Salych. Among them, high accumulated debt in the sector of lending to non-financial enterprises, adjacent to mortgages, low level capital adequacy in the banking system, low monetization of the economy. If the epidemic does not start in Russia, the effect will be limited to a slowdown economic growth. The Central Bank may lower the key rate and add liquidity to the economy, said Irina Nosova, director of the ACRA Financial Institutions Ratings Group. Margin pressure banking increase, and the rate of inflation rises. In terms of behavior banking clients in the "everything under control" scenario, the effect is still insignificant. Unless there is already a decrease in requests for consumer loans “for vacation”, says Yuri Yudenkov, professor of the Department of Finance, Monetary Circulation and Credit of the Faculty of Finance and Banking of the RANEPA. Scenario 2. The epidemic spreads in Russia Let's assume that everything goes according to the worst-case scenario: the coronavirus is rapidly spreading across Russia, new centers of infection are emerging in the world, and the prospects for creating a vaccine are vague. Investors will continue to urgently get rid of risky assets, and the creditworthiness of bank borrowers will fall, the director of operations predicts for financial markets Bank "Russian Standard" Maxim Timoshenko. If the ruble exchange rate falls by more than 20%, banks will feel the negative consequences of the deterioration of the overall macroeconomic situation. According to Stanislav Volkov, such an impact can be expressed in a drop in demand for new loans from the most solvent part of borrowers, as well as in a deterioration in the credit quality of companies that have taken loans in foreign currency, and individuals who are faced with a noticeable drop in real income due to accelerating inflation. This, in turn, will lead to a decrease financial result and capital adequacy of banks. According to Irina Nosova, some banks may experience problems with liquidity, the resource base of which is formed by interbank loans from parent structures. Quote “In view of the risk of weakening national currency In order to preserve their savings, the population may begin to actively withdraw funds from ruble deposits and buy foreign currency,” warns the director of the group of ratings of financial institutions, ACRA. In this case, the regulator may resort to raising the key rate in order to maintain the ruble exchange rate. Scenario 3. Positive shock According to Gennady Salych, the crisis shock associated with the weakening of external demand, from a certain point of view, can become a positive scenario. The answer to the crisis, as practice shows, is the measures aimed at stimulating growth. “There is an additional capitalization of banks and assistance to borrowers, a reduction in taxes on production and the provision of preferential loans to industry, an administrative restriction of speculation in financial markets, a system of state planning and regulation is developing,” lists the board of directors of the Freedom Finance bank. Quote With a cyclical resumption of growth in global demand for risk, this is played out by a sharp acceleration in GDP growth. According to Anton Tabakh, chief economist at Expert RA rating agency, the damage from the virus will be fully offset by the growth in social spending and the accelerated implementation of national projects, as well as the effect of faster rate cuts, which are partly caused by the Fed's response to the situation with the virus. Evgenia OGURTSOVA, Banki.ru

Assistance program expiration date removed mortgage borrowers in a difficult financial situation

Amendments made to the Basic Provisions for the Implementation of the Assistance Program for Certain Categories of Borrowers on Housing Mortgage Loans, including:

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

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

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

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

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

ABOUT FURTHER IMPLEMENTATION

The Government of the Russian Federation decides:

1. Approve the attached changes that are made to the main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, approved by Decree of the Government of the Russian Federation of April 20, 2015 N 373 “On the main conditions for the implementation of the program assistance to certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation, and an increase in the authorized capital of the joint-stock company Agency for Housing Mortgage Lending (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2015, N 17, art. 2567; N 50, art. 7179; 2016, N 50, item 7089; 2017, N 8, item 1245).

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

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

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

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

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

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

Prime Minister

Russian Federation

D. MEDVEDEV

Approved

Government Decree

Russian Federation

CHANGES,

WHICH ARE INCLUDED IN THE MAIN CONDITIONS OF IMPLEMENTATION

FOR HOUSING MORTGAGE CREDITS (LOANS)

IN A DIFFICULT FINANCIAL SITUATION

“Approved

Government Decree

Russian Federation

(as amended by the decision

Government of the Russian Federation

GENERAL TERMS

IMPLEMENTATION OF THE ASSISTANCE PROGRAM FOR CERTAIN CATEGORIES OF BORROWERS

FOR HOUSING MORTGAGE CREDITS (LOANS)

IN A DIFFICULT FINANCIAL SITUATION

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

2. Reimbursement under the program is carried out on a one-time basis for mortgage housing 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 creditor's decision on the restructuring application submitted by the borrower to the creditor (hereinafter referred to as the restructuring application).

7. In accordance with the decision of the interdepartmental commission for making decisions on compensation to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law “On Mortgage Securities”, on mortgage housing loans (loans), the rights of claim under which were acquired by mortgage agents, and to the joint-stock company "Agency for Housing Mortgage Lending" on mortgage housing loans (loans), the rights of claim for which were acquired by this company, losses (part thereof) resulting from the restructuring of mortgage housing loans (loans) in in accordance with the terms of the program (hereinafter referred to as the interdepartmental commission), the maximum amount of compensation for each restructured mortgage housing 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;

b) change in the financial position of the borrower (solidary debtors) - the average monthly total income of the family of the borrower (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 rights of claim 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);

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 the Decree of the Government of the Russian Federation of April 20, 2015 N 373 “On the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage loans (loans) in a difficult financial situation, and an increase in the authorized of the capital of the joint-stock company "Agency for Housing Mortgage Lending" by the date the borrower submits an application for restructuring, it is allowed to have a total share of the pledger and his family members in the ownership of no more than 1 other residential premises in the amount of not more than 50 percent. For the purposes of this subparagraph, the family members of the pledger include the spouse of the pledger and his minor children, including those under his guardianship or guardianship. Compliance with these conditions is confirmed by the application of the borrower in a simple written form. The submission by the borrower of information from the Unified State Register of Real Estate is not required. Joint Stock Company "Agency for Housing Mortgage Lending" checks the information provided in accordance with this subparagraph by the borrower;

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

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