An Integrated Approach to the Financial and Legal Regulation of Bank Lending in Housing Construction

Cover Page

Cite item

Full Text

Open Access Open Access
Restricted Access Access granted
Restricted Access Subscription or Fee Access

Abstract

The purpose of the study. The article identifies the problems of effective use of financial resources of the state aimed at the development of housing construction using bank lending. The purpose of the study is to develop an integrated approach to the development of legal mechanisms for financial support of bank lending in housing construction. The legal paradigm proposed by the author forms a new behavioral worldview in the financial and legal regulation of bank lending in housing construction. Conclusions. As a result of the conducted research, the author comes to the conclusion about the creation of targeted financial and legal support programs for the construction industry to provide affordable preferential bank loans in order to ensure increased demand for building materials and products, the development of competition and price stabilization in housing construction. The consolidation of an integrated approach to the financing of bank loans in housing construction in the field of financial law will make it possible to more effectively implement the social, housing and financial policy of the state.

Full Text

Restricted Access

About the authors

Igor P. Vorobyov

Financial University under the Government of the Russian Federation

Author for correspondence.
Email: V_I_P_19_88@mail.ru
SPIN-code: 5621-4569

Postgraduate student of the Department of International and Public Law of the Faculty of Law

Russian Federation, Moscow

References

  1. Features of financial and legal regulation of preferential mortgage lending in the Russian Federation in the period from 1992 to the beginning of 2000 / I. P. Vorobyov // Questions of Economics and Law.—2022.—No. 170.—PP. 19-23.—doi: 10.14451/2.170.19.—EDN NEJLGW.
  2. About the accumulative mortgage system of housing provision for military personnel: feder. the law grew. No. 117-FZ of August 20, 2004: adopted by the State Duma on August 5, 2004. Approved by the Federation Council on August 8, 2004 // Rossiyskaya Gazeta, Rossiyskaya Gazeta, No. 182, 25.08.2004.
  3. On additional measures of state support for families with children: feder. the law grew. No. 256-FZ of December 29, 2006: adopted by the State Duma on December 22, 2006. Approved by the Federation Council on December 27, 2006 // Rossiyskaya Gazeta No. 297 of December 31, 2006.
  4. On approval of the Rules for Granting Subsidies from the federal budget to Russian credit organizations and joint Stock Company "DOM.RF" for reimbursement of lost income on issued (acquired) housing (mortgage) loans (loans): the decree of the Government grew. Federation of 13.03.2015 No. 220. URL: http://publication.pravo.gov.ru/Document/View/0001201503160012 .
  5. On approval of the Rules for Reimbursement to Credit and Other Organizations of Lost Income on Housing (Mortgage) Loans (Loans) Issued to Citizens of the Russian Federation in 2020—2024: Decree of the Government of the Russian Federation. Federation of 23.04.2020 No. 566. URL: http://www.consultant.ru/document/cons_doc_LAW_351097 /.
  6. On approval of the Rules for Granting Subsidies from the federal budget to Russian credit organizations and joint Stock Company "DOM.The Russian Federation" for reimbursement of lost income on housing (mortgage) loans (loans) granted to citizens of the Russian Federation for the construction (acquisition) of residential premises (residential buildings) in rural areas (rural agglomerations): the decree of the Government grew. Federation of 30.11.2019 No. 1567. URL: http://www.consultant.ru/document/cons_doc_LAW_339843 /.
  7. On approval of the terms of the Far Eastern Mortgage program and Amendments to the Decree of the Government of the Russian Federation No. 1713-r dated September 2, 2015: Decree of the Government of the Russian Federation. Federation dated 07.12.2019 No. 1609. URL: https://www.garant.ru/products/ipo/prime/doc/73086814/
  8. On approval of the Rules for granting subsidies from the federal budget to the joint-stock company "DOM.The Russian Federation" in the form of contributions to the property of the joint-stock company "DOM.RF", which do not increase its authorized capital, for compensation to Russian credit organizations and the joint-stock company "DOM.The Russian Federation" lost income on issued (acquired) housing (mortgage) loans (loans) provided to citizens of the Russian Federation with children, and the Rules of compensation to Russian credit organizations and joint stock company "DOM.The Russian Federation" lost income on issued (acquired) housing (mortgage) loans (loans) granted to citizens of the Russian Federation with children: Decree of the Government of the Russian Federation dated 30.12.2017 No. 1711. URL: https://www.garant.ru/products/ipo/prime/doc/71750282 /.
  9. On approval of the rules for granting subsidies from the federal budget to the joint-stock company "DOM.The Russian Federation" in the form of a contribution to the property of the joint-stock company "DOM.RF", which does not increase its authorized capital, for the purpose of reimbursing credit and other organizations for lost income on housing (mortgage) loans (loans) issued to employees of accredited organizations operating in the field of information technology, and the rules for reimbursing credit and other organizations for lost income income on housing (mortgage) loans (loans) issued to employees of accredited organizations, carrying out activities in the field of information technology: Decree of the Government of the Russian Federation. Federation of 30.04.2022 No. 805. URL: http://www.consultant.ru/document/cons_doc_LAW_416370/92d969e26a4326c5d02fa79b8f9cf4994ee5633b /.
  10. On measures of state support for families with children in terms of repayment of obligations on mortgage housing loans (loans) and on amendments to Article 13-2 of the Federal Law "On Acts of Civil Status": Federal Law No. 157-FZ of 03.07.2019. Collection of Legislation of the Russian Federation No. 27 dated 08.07.2019. St. 3522. pp. 14772–14774.
  11. Vorobyov, I. P. Financial and legal regulation of bank lending in housing construction within the framework of achieving national development goals until 2030 / I. P. Vorobyov // Legal and financial and economic means of achieving sustainable development Goals / Edited by G.F. Ruchkina, M.A. Lapina.—Moscow : Limited Liability Company "Prometheus Publishing House", 2022.—pp. 293-307.—EDN MVEPVE.
  12. "The Accounting Chamber proposed to limit the issuance of preferential mortgages: no more than once to one individual": A single resource of developers. 07.09.2021. URL: https://erzrf.ru/news/v-schetnoy-palate-predlozhili-limitirovat-vydachu-lgotnoy-ipoteki-ne-boleye-odnogo-raza-odnomu-fizlitsu?search=%D1%81%D1%87%D0%B5%D1%82%D0%BD.
  13. "The number of problem objects is not growing rapidly" Izvestia. 02.09.2021. URL: https://iz.ru/1216151/izvestiia/kolichestvo-problemnykh-obektov-ne-rastet-stremitelno.
  14. "The Accounting Chamber proposed to exclude "odnushki" from the preferential mortgage program": the official website of LLC "Legal News". 01.07.2022. URL: https://pravo.ru/news/241672 /.
  15. "The Ministry of Construction opposed the exclusion of one-room apartments from preferential mortgage programs": Interfax news agency. 01.07.2022. URL: https://www.interfax.ru/russia/849948 .
  16. "The Central Bank supported the gradual curtailment of the preferential mortgage program": TASS News Agency. 09.12.2022. URL: https://tass.ru/nedvizhimost/16546279 .
  17. Tugushev R.I. Financial and legal regulation of the activities of credit institutions in the process of implementing national projects: dis. cand. jurid. sciences'. Moscow: 2022. 236 p.
  18. Roshchina, Ya. Analysis of the impact of state support measures for mortgage lending on housing affordability in Russia: regional section / Ya. Roshchina, N. Ilyunkina // Money and credit.—2021.—Vol. 80.—No. 4.—pp. 98-123.
  19. "HOUSE.RF: preferential mortgage programs have not exhausted their potential": Delovoy Peterburg News Agency. 09.12.2022. URL: https://www.dp.ru/a/2022/12/08/DOM_RF_lgotnie_ipotechni.
  20. "Alexey Yakovlev: about 260 billion rubles have been pledged for preferential mortgage programs in 2023": the official website of the Ministry of Finance of Russia. 24.01.2023. URL: https://minfin.gov.ru/ru/press-center?id_4=38352-aleksei_yakovlev_na_programmy_lgotnoi_ipoteki_v_2023_godu_zalozheno_okolo_260_mlrd_rublei.
  21. "Factors limiting the production activities of construction organizations (based on sample survey materials)": official website of Rosstat. URL: https://rosstat.gov.ru/storage/mediabank/limit_fact_4kv.png.
  22. On Amendments to Certain Acts of the Government of the Russian Federation on Housing (mortgage) Lending to Citizens of the Russian Federation: Decree of the Government of the Russian Federation. Federation of 28.12.2022 No. 2485. URL: https://www.garant.ru/products/ipo/prime/doc/405952199 /.
  23. On Amendments to the Rules for Reimbursement to Credit and Other Organizations of Lost Income on Housing (Mortgage) Loans (Loans) Issued to Employees of Accredited organizations Engaged in activities in the Field of information technology: Decree of the Government of the Russian Federation. Federation of 30.06.2022 No. 1177. URL: http://www.consultant.ru/document/cons_doc_LAW_421203/92d969e26a4326c5d02fa79b8f9cf4994ee5633b /.
  24. On Amendments to the Decree of the Government of the Russian Federation No. 1609 of December 7, 2019: Decree of the Government of the Russian Federation. Federation of 17.06.2022 No. 1100. URL: http://publication.pravo.gov.ru/Document/View/0001202206270026.
  25. On amendments to the terms of the program "Far Eastern mortgage": decree of the Government of the Russian Federation. Federation of November 30, 2022 No. 2182. URL: http://publication.pravo.gov.ru/Document/View/0001202212080048.
  26. On Amendments to the Rules for Granting Subsidies from the Federal Budget to Russian Credit Organizations and joint Stock Company "DOM.The Russian Federation" for reimbursement of lost income on housing (mortgage) loans (loans) granted to citizens of the Russian Federation for the construction (acquisition) of residential premises (residential buildings) in rural areas (rural agglomerations): the decree of the Government grew. Federation of 18.08.2022 No. 1437. URL: http://publication.pravo.gov.ru/Document/View/0001202208190033.
  27. "Putin: The Russian Federation will achieve all the goals in the new regions, they will become one with the whole country": TASS news agency. URL: https://tass.ru/politika/16603587.
  28. On approval of the Rules for granting subsidies from the federal budget to the joint-stock company "DOM.The Russian Federation" in the form of contributions to the property of the joint-stock company "DOM.RF", which do not increase its authorized capital, for the purpose of reimbursing Russian credit and other organizations for their lost income on loans (loans) issued to citizens of the Russian Federation for the purchase or construction of residential premises in the territories of the Donetsk People's Republic, Lugansk People's Republic, Zaporozhye and Kherson regions, as well as on the territories of other subjects of the Russian Federation, Rules for Reimbursement to Russian credit and Other Organizations of their Lost income on loans (Loans) issued to Citizens of the Russian Federation for the Purchase or construction of Residential Premises in the Territories of the Donetsk People's Republic, Luhansk People's Republic, Zaporozhye and Kherson regions, as well as in the territories of other subjects of the Russian Federation: Decree of the Government of the Russian Federation dated 31.12.2022 No. 2565. URL: http://www.consultant.ru/document/cons_doc_LAW_436805/92d969e26a4326c5d02fa79b8f9cf4994ee5633b /.
  29. On Amendments to the Regulation on the Implementation of State Support measures for Families with Children in order to create conditions for the repayment of obligations on mortgage housing loans (loans): Resolution of the Government of the Russian Federation No. 1722 of September 29, 2022. URL: https://www.garant.ru/products/ipo/prime/doc/405266041 /.
  30. In the case of checking the constitutionality of paragraph 2 of Part 1 of Article 10 of the Federal Law "On Additional measures of State Support for families with children" in connection with the complaint of citizen A.A. Drobkova: Resolution of the Constitutional Court of the Russian Federation of 21.12.2022 No. 56-P. URL: http://www.consultant.ru/document/cons_doc_LAW_434929 /.
  31. On Amendments to the Federal Law "On the Accumulative Mortgage system of housing for military Personnel: feder. the law grew. Federation No. 422-FZ dated 04.11.2022: adopted by the State Duma on October 27, 2022. approved by the Federation Council on November 2, 2022 // Rossiyskaya Gazeta. URL: https://rg.ru/documents/2022/11/08/fz422.html.
  32. On approval of the Rules for Reimbursement to Credit Organizations of Lost Income on Loans Issued for the Implementation of Housing Construction Projects, and the Rules for Granting Subsidies from the Federal Budget to the joint-stock company "DOM.The Russian Federation" in the form of a contribution to the property of the joint-stock company "DOM.RF", which does not increase its authorized capital, to compensate credit organizations for the lost income on loans issued for the implementation of housing construction projects: the Decree of the Government of the Russian Federation. Federation No. 629 dated 30.04.2020. URL: https://base.garant.ru/73981567/#:~:text=Resolution %20 of the Government%20RF%20ot%2030%by%20credits%2C%20 issued%20b%20cels.
  33. On approval of the Rules for Granting Subsidies from the Federal Budget to Russian Credit Organizations and Specialized Financial Companies in Order to Compensate for the Lost Income on Loans Issued in 2019-2024 to Small and medium-sized businesses, as well as Individuals Applying the special tax regime "Professional Income Tax" at a preferential rate: Government Decree Grew up. Federation of 30.12.2018 No. 1764. URL: https://base.garant.ru/72141688/.
  34. On the approval of the Rules for the Provision of Subsidies from the Federal budget to Russian Credit organizations for the Reimbursement of their Lost Income on Loans Issued to system-forming organizations of industry and trade and organizations included in the group of persons of the system-forming organization of industry and trade: the Decree of the Government of the Russian Federation. Federation of March 17, 2022 No. 393. URL: https://base.garant.ru/403713584/.
  35. On budget allocations allocated in 2022 to the Ministry of Industry and Trade of the Russian Federation for the provision of subsidies from the federal budget to Russian credit organizations for the reimbursement of their lost income on loans issued to system-forming organizations of industry and trade and organizations that are part of the group of persons of the system-forming organization of industry and trade: Federation of March 18, 2022 No. 534-R. URL: https://www.garant.ru/products/ipo/prime/doc/403622624 /.
  36. On the allocation in 2022 to the Ministry of Industry and Trade of the Russian Federation of budgetary allocations for the provision of subsidies from the federal budget to Russian credit organizations for the reimbursement of their lost income on loans issued to system-forming organizations of industry and trade and organizations that are part of the group of persons of the system-forming organization of industry and trade: Federation of 11.04.2022 No. 831-R. URL: https://base .garant.ru/404464004/.
  37. Demidova, S. E. On financial measures of state support of system-forming organizations / S. E. Demidova // Finance.—2022.—No. 12.—pp. 28-36.—EDN RDFDJC.
  38. List of instructions on the results of the XXV St. Petersburg International Economic Forum. URL: http://kremlin.ru/acts/assignments/orders/69045.
  39. On approval of the Rules for Granting Subsidies from the Federal budget to Russian Credit organizations for Reimbursement of their Lost Income on Loans Issued to Russian Organizations and (or) Individual Entrepreneurs for the Purchase of Real Estate Objects for the Purpose of carrying out activities in the field of industry: Decree of the Government of the Russian Federation dated 06.09.2022 No. 1570. URL: https://www.garant.ru/hotlaw/federal/1564705 /.
  40. Identification of the specifics of mortgage housing lending based on the results of clustering of regions / L. E. Romanova, A. L. Sabinina, A. I. Chukanov, D. M. Korshunova // Finance and credit.—2021.—Vol. 27, No. 12(816).—pp. 2679-2697.—doi: 10.24891/fc.27.12.2679.—EDN JKUPEK.

Supplementary files

Supplementary Files
Action
1. JATS XML


This website uses cookies

You consent to our cookies if you continue to use our website.

About Cookies