Program Odnodolschikov Program Odnodolschikov.
In early 2010, created a social network "Odnodolschiki. During the six months to move "Odnodolschiki" joined more than 1300 people. collected data on family 31.000 deceptive second housing. This is about 100.000 people affected over 250 unfinished (Abandoned), residential facilities, more than 100 construction companies have not fulfilled obligations to the holders, ie, not a big city. Total in Russia, according to various It is estimated that real estate investors may be up to 250.000 families. Thus, in Russia there was a humanitarian disaster, but the authorities pretend that problems do not exist.
Why is there interest holders? This is not the perfection of legislation, not the competence or integrity of the municipal authorities, law enforcement agencies, prosecution, investigation. Even the most recent amendments in 214 of the Federal Law "On joint construction" can not change the situation radically. Our problem as not solved, and can not be solved! Up to the critical point we have finished the State Duma deputies, police, government officials, ministers and authorities local government. We Odnodolschiki, we propose to change the prevailing approach, as the problem itself and to the functioning of the construction industry Russia as a whole. According to the opinion poll, 85% of Russians believe that the interest-holders should assist the state. Article 3 of the Constitution states that it is the people who exercise their power directly and through state governments and local authorities. The highest direct expression of power People are a referendum and free elections. Every holders, his family, the situation is so critical that the interest holders are ready to request a nationwide referendum. Do you see us, citizens of Russia, to help power? What we require? We demand that, for what we paid for itself and in its entirety, without the assistance of the state, acquired under existing laws of the Russian Federation, their apartments. But in view of the legal vacuum and imperfection of Russian legislation, there was Army defrauded the homeless people who lost their dream in life, and some of the decade, money, and someone - their last home.
We offer change the situation for which the solution of problems defrauded real estate investors focused on the ground. This is a road to nowhere. The idea that the problem should be resolved the one who created it - is not correct. By the same principle to come and unsubscribe to the complaints of citizens: the complaint down to the - to whom complain. Vertical power does not work. Whatever additional organizations were not created on the ground, no matter what new laws are not taken ... The problem of co-investors have other sources of appearance - the incompetence, ignorance, negligence and other miscellaneous or malice crime, theft, etc. So the people who brought housing projects to the state of the problem, will never be able to withdraw items from this state. These people, government officials, mayors, civil servants. If there was no competence, the competence of which will be taken? If there was no integrity, then from where will honesty? Anyone who calls that the problem should be resolved by the one who created it - are not interested in solving problems, they solve the problem of a different order: educational, instructive. Ie someone with someone settles scores, and someone is punishing someone who is in charge.
We need to solve other problems, by and large are two big:
Operational - Quickly solve pressing problems, ie the problem of those already in trouble;
Strategic - to create the architecture of the financial infrastructure market participations of housing on the basis of federal regulation.
We propose to create a new federal agency, department, public corporation, such as ARIS (Agency for Restructuring Investment entities).
Operational objectives:
1) promptly, in haste, to suspend the bankruptcy of builders throughout the Russian Federation. There is a risk that many objects in the Russian Federation can get into the estate in receivership in bankruptcy of construction companies. To date, movement "Odnodolschiki" known 34 construction companies that are in bankruptcy. According to general estimates, currently there are similar companies about 100 in all regions of Russia. Citizens may forever lose their acquired rights in obtaining an apartment in the future. Reasons vary, but so far will be developed Various methods and options to solve this problem - will take time, and then we'll never be able to help these people. We have prepared a possible draft directive prosecutors, who could and should enter into arbitration processes in order to protect the public interest (Art. 40, Art. 53 of the APC, Art. 40 of the Constitution of the Russian Federation) ( draft directive site www.odnodolshiki.ru , section "appeal and Answers", 8 point) . 2) immediately amend the bankruptcy law for possible transmission facilities under the administration of the new state of the federal agency ARIS (ARIS project site www . odnodolshiki . ru , section "Treatment and Responses", paragraph 5.) 3) Create "One Staff Investigation violations during the construction housing "in the Main Investigation Department of the Investigative Committee of the Russian Federation Prosecutor's Office (GUS UPC Code). All of our numerous appeals in UPC Russia come standard replies. We know of no cases where a course of investigative activities in the field, would be found and returned money to the citizens, are spent inappropriately. In schemes involving funds used by citizens of a professional financial institutions (banks, investment companies, insurance companies) and financial instruments (securities - bills). Reproduction schemes provided by their corrupt "Promoters" from among the representatives of power, human rights and the judiciary. Low qualification of the investigators on the ground does not allow them to understand the essence of criminal schemes, to identify the organizers and all participants, as well as create an effective plan for operational and investigative activities. With this run cases impossible to attract the necessary expertise, to put questions to them so as to obtain a comprehensive study materials, reasonable conclusions and qualitative evidence in criminal cases. At the core problems of each object are criminal offenses. These crimes must be investigate, to triumph law to punish criminals, to pay damages to victims citizens caused fraudulent and unlawful actions of officials - civil servants, who used his official position for criminal purposes, as well as to prevent repetition of the situation in the future.
to investigate such crimes of national need specialists - experts with deep knowledge in the field of economics, banking and finance. Such experts, credible and relevant work experience in the investigation and the courts, not a lot. They mainly work in the investigative agencies of the federal level or be subjected to examination under contracts with major offices (departments).
Given the scale of state offenses in housing construction, developed in Russia, the colossal damage caused to the citizens and the image countries need to find and return the funds to build facilities to improve the quality and effectiveness of the investigative process, develop common approaches to conducting the investigation must ensure the full participation of procedural forensic economic experts in criminal proceedings and maximize their experience and knowledge in planning and conducting investigations for a comprehensive and thorough Case Studies and expert studies. ( appeal of creating a "single investigative group" in the UPC of the Russian Federation on the site www.odnodolshiki.ru , section "appeal and answer, 1 point ). 4) New ARIS for distressed assets under administration of equity construction and early completion of construction (ARIS project site www . odnodolshiki . ru , section "Treatment and Responses", paragraph 5) 5) Develop a single interaction of the investigative group at UPC Russia with ARIS for investors to identify appropriate share of construction in order to give the status of "victim" citizens interest-holders; recognition facility under construction "problem". Establishing guilt officials of the organizations for reparations to citizens ( project ARIS, paragraph 4, www . odnodolshiki . ru , section "Treatment and answers »)
On the strategic objectives.
Why until now the market equity of housing construction and investment in our country unregulated? At a time when all other financial markets are controlled by at least five departments - Housing and Construction market in Russia is not controlled. There is no control over the appointment of heads of organizations that collect funds citizens over the expenditure of funds raised from individuals, there is no regulation of investment and construction companies (ie contractors): neither of capital nor the composition of the founders or disclosure activity, nor on the portfolio of financial assets, either in size allowed for risk-taking, etc. The control is needed in order to protect the rights of the investor. It turns out that in Russia, where at the state level advertised construction project, supported by mortgages, welcomed the initiative citizens, people are divided into investors' 1 st and 2 nd grade. Investors, financial market law and protect the state, their activity is regulated and controlled, and financial activities of housing and construction companies (in fact, this same sector of the market) does not get under control.
When people give money in the bank then, as a rule, the purpose of this action is to conserve, maintain, or increase capital. This is not a critical money. When a citizen enters the building market, ie financial market participations of housing, in order to purchase an apartment, in this case, the citizen gave the last money: sell their homes, takes a loan, taking a mortgage loan is with relatives. That is, in fact, the money that citizens are given to construction companies - is critical money! Market participations has all the hallmarks of the financial market. Treaty of equity can be equated to futures on the underlying asset. Buying an apartment contractual equity, citizen hedge (insure) your risk from rising real estate prices. Asset itself (which is not yet) a citizen gets into the right property after some time (one, two, three). What is the evidence that market participations of housing - a financial market want to regulate at the federal level.
In Russia, no bank is able to stop and go broke without a "team" of the Central Bank, under its supervision and with his participation, and in the construction industry all absolutely the opposite. We all understand that markets must be regulated and controlled. Credit control market, futures market, insurance companies, mutual funds - investment and housing, the market monitor to no one. Meanwhile, monitor the investment market in housing under construction should be daily, monthly, quarterly, and not in the media, and not on television, but with the help of state regulators and supervisors. Investment and Construction market - is also the financial market. And it turned out a situation where any company "Barnyard" may, without any control and no one knows under what safeguards, what rules to raise money citizens. That is why, in the absence of proper monitoring by market participants in the investment share of construction housing and there were (and, unfortunately, will appear later) deceived the citizens interest holders.
Over time, ARIS may well become the Regulatory Agency investment and construction companies. We propose a regulation of the activities of investors and developers. Enter the appraisal of managers construction companies to disclose information about the founders and financial condition of the investment and construction companies to introduce standards of financial stability, control the size of acceptable risk, etc. Because the money in this market critical , then monitor the financial market equity participations housing should be no worse than bank .
Also, consider the implementation of compulsory insurance participations citizens in the shared construction sites.
We demand to create an interagency working group to develop common solutions to solve has already occurred Crisis at the federal level, as well as for the construction of infrastructure of the financial market participations, which would include representatives of the holders, Investigators UPC RF Prosecutor General's Office, experts from the Ministry of Finance, the specialists prudential CBR specialists FSFM MPs State Duma to adopt appropriate amendments to the laws, the Government of the Russian Federation.
Igor Gulev
Melchekov Victor
Losev Antonina
