Krasnodar, 2 July. Today our guest is Yevgenia Shumeiko, Director of the regional Foundation for rights of shared construction participants.
Q.: Does there exist any clear plan how to deal with the ‘unending construction projects’?
A.: Over the past five years, a series of tools have been created in the region to help finish the long-delayed construction projects. First of all, we got the construction supervisory agency that assists to reveal the constructor’s problems at an early stage. As a result, the official statistics of long-delayed construction projects has risen drastically – because now it automatically registers all housing projects with more than a six-month delay. A special roadmap is drawn for each vulnerable project, and the authorities set about searching for the way-out from the situation, quite often doing it in ‘manual mode’. In 2018, a regional law was adopted that enables to quickly find the investors to complete such projects. This measure has already helped the municipalities implement dozens of roadmaps getting involved new construction companies. For the houses that lack any investment appeal, subsidies from the regional budget were allocated – about 1.5 billion roubles over the past three years. The Foundation for rights of shared construction participants became another tool of the kind – the aim of its activity is to help complete 64 projects to be co-financed by the federal Foundation and the regional budget.
Q.: Is there any chance that the co-owners of the flats built by the companies that went bankrupt may eventually receive their property?
A.: We have gained an experience of assignment of the rights and obligations of bankrupt construction companies to our Foundation. What is at issue is two projects of the RAS Construction Company, and the Sailing Race and Ivan & Maria housing estates – the Foundation will be completing these projects as the new developer. We plan to get involved in the construction of dozens of other projects initially built by companies that went bankrupt. Our work with the RAS’s facilities enabled us to form a very important precedent – we had applied to the Arbitration Court announcing our intention to become the acquirer of the rights, obligations and property of the bankrupt construction company; the court satisfied our intentions; but the very procedure of assignment of the rights and obligations lingered on by numerous appeals against the court decision. Ultimately, our lawyers managed to secure the fulfilment of the court verdict – and on 9 June the Foundation took over the rights, obligations and property of the RAS Construction Company. This experience is very important, for it was the first precedent of practical application of this regional law.
Q.: What are the difficulties you are facing with while completing the long-delayed projects?
A.: There are a lot of them. The Foundation for rights of shared construction participants was founded according to latest amendments in legislation. It is new practice that has never been applied before. We are dealing with projects, many of which were frozen for many years, and many of which had big problems with the documents – so we expend our energy to restore the permits, resolve the land issues, bring the projects to conformity with current requirements, and grasp the contents of the infrastructure agreements.
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