Минэкономразвития России подготовило проект нового положения о возмещении убытков правообладателям от использования недвижимости

Елена Самтынова

Минэкономразвития России подготовило проект нового положения о возмещении убытков правообладателям от использования недвижимости
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На федеральном портале проектов нормативных правовых актов размещен проект положения о возмещении убытков правообладателям недвижимости. На сегодняшний день действуют Правила возмещения убытков, утвержденные постановлением Правительства РФ от 7 мая 2003 г. № 262 (далее – Правила). В предложенном Минэкономразвития России проекте положения1 более подробно представлен понятийный аппарат, применяемый в данной сфере, а также детальной проработке подверглись вопросы:

установления порядка определения убытков;определения условий соглашений о выкупе недвижимого имущества;возмещения убытков в связи с прекращением прав;соглашения о возмещении убытков;правил учета платы за публичный сервитут.

Так, например, перечень состава убытков, вызванных ограничением прав, не является закрытым, в него могут входить, в том числе убытки, связанные с уменьшением рыночной стоимости земельных участков (прав на них); расходы, связанные с приведением хозяйственной деятельности на земельном участке в соответствие с ограничениями использования земельных участков, установленными в границах зоны с особыми условиями использования территории или в границах сервитута (публичного сервитута); расходы на проектирование, подготовку и осуществление строительства, которое начато до наступления причин убытков и не может быть завершено; стоимость земельного участка и (или) иной недвижимости (прав на него), которые не могут быть использованы вследствие наступления причин убытков, а также стоимость их неотделимых улучшений, включая стоимость поврежденных лесных или сельскохозяйственных насаждений и другие расходы, то есть все расходы, которые правообладатели зданий, сооружений, объектов незавершенного строительства понесли до дня причинения убытков с целью получения дохода от правомерного использования земельных участков, но в силу наступления причины убытков, не могут быть получены.

В числе убытков, вызванных ухудшением качества земель, названы убытки, определенные исходя из стоимости подготовки проекта рекультивации земель и ее проведения, убытки в размере рыночной стоимости соответствующего земельного участка и расположенных на нем объектов недвижимости – в случае необходимости консервации земельного участка; убытки, вызванные уменьшением рыночной стоимости земельного участка при невозможности полного восстановления полезных свойств земель путем их рекультивации; убытки, вызванные перерывом хозяйственной деятельности на время осуществления рекультивации земель; убытки, возникающие в связи с расторжением договоров в связи с невозможностью их исполнения, если причиной их расторжения явилось ухудшение качества земель; прочие убытки, вызванные ухудшением качества земель. Размер убытков планируется определять в соответствии с Федеральным законом от 29 июля 1998 года № 135-ФЗ «Об оценочной деятельности в Российской Федерации» с возможным привлечением оценщиков. Предполагается, что по каждому виду убытков необходимо предусматривать наличие прямой связи между причинами убытков и самими убытками, при этом причина должна учитываться однократно. Размер убытков должен определяться из совокупности размера реального ущерба и размера упущенной выгоды, которые несут правообладатели недвижимости, порядок исчисления которых также прописывается. Согласно проекту положения основаниями для возмещения убытков в отличие от действующего порядка (п. 2 Правил) могут стать решение суда или соглашение:

о возмещении убытков, заключаемое между правообладателями недвижимости и лицами, возмещающими убытки:о выкупе недвижимого имущества;о возмещении убытков в связи с прекращением прав;о возмещении убытков;об установлении сервитута;об осуществлении публичного сервитута.

В соглашении помимо основных сведений должна быть прописана форма возмещения убытков (денежная или натуральная). Если убытки причинены несколькими лицами, соглашение должно быть подписано с каждым из них (возможно как в письменном так и в электронном виде с помощью усиленной квалифицированной электронной подписи).

Предусмотрены также условия, которые должны содержаться в требовании о возмещении убытков, в их числе: расчет размера убытков, в том числе определение стоимости имущества, подлежащего выкупу, стоимости прав, подлежащих прекращению, подготовки документации, стоимость работ по сносу или реконструкции здания либо сооружения, вид и описание недвижимого имущества, предоставляемого взамен недвижимого имущества, права на которое подлежат прекращению, либо описание иного натурального возмещения (осуществление рекультивации и (или) мелиорации земель, устройство дорог, закладка многолетних насаждений, реконструкция зданий или сооружений, ремонтно-восстановительные работы и тому подобное, в случае, если возмещение полностью или частично предоставляется в натуральной форме). Напомним, сегодня расчет размера убытков производится на основании Методических рекомендаций утв. приказом Минэкономразвития России от 14 января 2016 г. № 10.

К требованию должны прилагаться копии документов, подтверждающих личность предъявителя, его права на участок и объект недвижимого имущества, доверенность, если за него действует представитель, и иные документы по желанию правообладателя недвижимости (отчет об оценке, проект организации работ по сносу объекта капитального строительства и т.д.). Порядок заключения соглашений предусматривает также срок рассмотрения требования лицом, возмещающим убытки (не более 60 календарных дней) и основания возврата требования. А если по истечении этого срока со дня получения правообладателем недвижимости возвращенных документов не заключено, то споры (в том числе по условиям соглашения) рассматриваются судом.

Отмечается, что плата за публичный сервитут, выплаченная обладателем публичного сервитута правообладателю недвижимости, уменьшает размер убытков, причиненных в связи с установлением зон с особыми условиями использования территории в случае, если установление публичного сервитута и зоны с особыми условиями использования территории связаны с осуществлением одной и той же деятельности.

Общественное обсуждение и антикоррупционная экспертиза по проекту продлятся до 28 февраля.

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1 С текстом проекта положения Минэкономразвития России «О возмещении убытков правообладателям недвижимости» и материалами к нему можно ознакомиться на федеральном портале проектов нормативных правовых актов (ID: 02/07/02-20/00099357).

Источник: garant.ru

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Автор не старается убедить читателей в определенном мнении, а предоставляет информацию для самостоятельной оценки.

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Очень интересная исследовательская работа! Статья содержит актуальные факты, аргументированные доказательствами. Это отличный источник информации для всех, кто хочет поглубже изучить данную тему.

Читателям предоставляется возможность ознакомиться с различными аспектами темы и сделать собственные выводы.

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Я не могу не отметить качество исследования, представленного в этой статье. Автор использовал надежные источники и предоставил нам актуальную информацию. Большое спасибо за такой надежный и информативный материал!

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One other thing to point out is that an online business administration program is designed for individuals to be able to smoothly proceed to bachelor degree education. The 90 credit education meets the lower bachelor college degree requirements and once you earn the associate of arts in BA online, you’ll have access to the most up-to-date technologies on this field. Several reasons why students have to get their associate degree in business is because they are interested in this area and want to find the general instruction necessary ahead of jumping right bachelor education program. Many thanks for the tips you really provide in your blog.

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Thanks for your blog post. I would like to say that a health insurance broker also works best for the benefit of the particular coordinators of any group insurance cover. The health agent is given a summary of benefits wanted by a person or a group coordinator. Exactly what a broker can is try to find individuals or perhaps coordinators which best complement those demands. Then he presents his ideas and if the two of you agree, the particular broker formulates a binding agreement between the two parties.

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Thanks for the tips about credit repair on your web-site. The things i would advice people will be to give up the actual mentality that they buy now and fork out later. Like a society we tend to repeat this for many factors. This includes trips, furniture, and items we would like. However, you’ll want to separate one’s wants from all the needs. If you are working to raise your credit ranking score you really have to make some trade-offs. For example you’ll be able to shop online to save cash or you can check out second hand shops instead of costly department stores regarding clothing.

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Yet another thing I would like to talk about is that in place of trying to accommodate all your online degree training on days that you finish work (as most people are exhausted when they get home), try to find most of your sessions on the week-ends and only a few courses in weekdays, even if it means a little time off your weekend break. This is fantastic because on the weekends, you will be more rested in addition to concentrated with school work. Thanks alot : ) for the different suggestions I have learned from your blog site.

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