Additional agreement to the apartment purchase and sale agreement (sample) 2023

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When concluding an apartment purchase and sale agreement, the parties to the transaction themselves determine its terms. However, it happens that circumstances change, and it becomes necessary to make changes to a previously drawn up document. The law allows for this possibility. To fix changes made to the terms of the transaction, an additional agreement is drawn up.

The standard real estate policy does not have a standardized form , but, according to the legislative norms of the Russian Federation, a number of conditions must be included in it.

An additional agreement to the apartment contract is drawn up if it becomes necessary to make any changes or clarifications to the terms of the transaction.

Its goal is to correct all omissions in the conditions by adding individual clauses to the main document or changing existing ones. Thus, an additional agreement to the apartment purchase and sale agreement is a document intended to document all amendments made to the main agreement that was drawn up between the seller and the buyer.

What allows you to reconsider?

There are many reasons that may lead to the drawing up of an additional agreement. This document can record absolutely any changes in the terms of the transaction in the event that the parties are ready to change the terms of the main agreement.

The need to draw up a document may arise in the following cases:

Additional agreement to the apartment purchase and sale agreement (sample) 2023

Sales dates have changed.
The parties agreed to change the settlement procedure.
A mortgage loan agreement was drawn up.
The buyer decided to contribute part of the amount through the use of maternal or housing certificates.
Clarifications were made to the procedure for transferring the apartment, its terms and conditions.
The price of the property has changed.
The parties decided to establish additional guarantees for the security of the transaction.
New clauses have been added to the section on the responsibility of the parties.
Requirements for insuring the property were introduced.
PrEP has stopped working.
During the process of drawing up the transfer deed, significant shortcomings of the property were discovered and the parties agreed on a discount.
The street on which the apartment is located was renamed.
Circumstances changed, and the seller did not manage to vacate the apartment on time.
Other significant circumstances.

Important! Drawing up an additional agreement is possible only if the parties have discussed the current situation and reached an agreement on amending the terms of the transaction.

It is prohibited to make changes to the basic terms of the transaction:

You cannot change the participants in the purchase and sale transaction.
The property cannot be replaced.

When will the changes take effect?

According to Federal Law No. 218 “On State Registration of Real Estate” dated July 13, 2015, the deadlines for making changes to the terms of the transaction are:

Additional agreement to the apartment purchase and sale agreement (sample) 2023

7 working days if the package of documents was transferred to the Rosreestr branch.
9 working days – if the documents were transferred to the MFC branch.
3 working days , if the additional agreement was notarized and transferred to Rosreestr without intermediaries. If through the MFC - 5 days.
1 business day if the agreement was certified by a notary and was transferred to Rosreestr electronically.

When can changes be achieved through court?

In the event that the parties to the transaction were unable to reach agreement on the issue of amending the DCP by concluding an additional agreement. agreements - this will be possible only after going to court.

You can apply to the court to make changes in the following cases:

If one of the parties violated the terms of the concluded contract (according to Article 450 of the Civil Code of the Russian Federation).
If circumstances have changed and the transaction has ceased to be beneficial for one of the parties (according to Article 451 of the Civil Code of the Russian Federation).

The circumstances that led to the introduction of clarifications into the contract must be unforeseen and insurmountable.

For state registration of changes made, the following documents must be provided:

Additional agreement to the apartment purchase and sale agreement (sample) 2023

Application for registration drawn up in accordance with the prescribed form.
Basic purchase and sale agreement.
Drawing up an additional agreement.
A document confirming payment of the state fee.

Employees of the Registration Chamber may also request additional documents that can confirm the grounds for drawing up an additional agreement.

Loan agreement and certificate of loan issuance (if a mortgage was issued).
In case of change of address - a certificate from local government authorities.
If maternity capital funds were used - a certificate from the Pension Fund of the Russian Federation.

What does the supplement contain?

In the text add. The agreement must include the following information:

Full name of the document being drawn up.
Date and place of its compilation.
Personal data of the parties signing the document.
Information about the main purchase and sale agreement (its name, number and date of execution).
Description of the changes being made. In this section it is necessary to indicate which terms of the main agreement are changing and how exactly.
The procedure for the entry into force of the concluded agreement. If this clause is missing from the text, the document acquires legal force from the moment of signing.
Signatures of the parties and their transcripts.

The agreement must be drawn up in the same form as the DCT:

Procedure

The document preparation process involves the following steps:

Additional agreement to the apartment purchase and sale agreement (sample) 2023

One of the participants in the transaction proposes to the other participant to change the terms of the transaction described in the text of the main DCT.
Negotiations are underway.
If an agreement has been reached, an additional text is prepared. agreements and the parties to the transaction sign the document.
The signed document is sent to the Companies House.
State duty is paid.
Rosreestr employees make changes to the Unified State Register, after which the applicant receives an extract with up-to-date data.

Do I need to register?

Registration additional no agreement required:

In the case when the changes made are procedural in nature and do not affect the ownership of the property.
If the changes do not affect the essential provisions of the contract - the cost of the object, the scope of the right, the technical characteristics of the apartment.

Additional agreement to the apartment purchase and sale agreement (sample) 2023

Home » Purchase and sale of an apartment » Additional agreement to the purchase and sale agreement for an apartment

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In some cases, after the conclusion of the main (or preliminary) purchase and sale agreement, certain changes must be made to it. It is precisely in order to realize this that there is such a thing as an additional agreement. Such a document allows you to make changes to any clauses of the contract, make them invalid or, conversely, introduce new ones.

When is it necessary to enter into an additional agreement?

There are a huge number of situations in which an additional agreement may be required. The most popular include the following:

Change in apartment price.

Example: When the purchase and sale agreement was concluded, at the current ruble exchange rate the apartment was worth 2 million rubles. Closer to the date of final payment, the exchange rate changed and now such housing costs not 2, but 2.5 million rubles.

If both parties agree with such changes (in this case, the buyer’s consent is more likely to be required, since the seller clearly will not refuse to receive an additional half a million rubles), an additional agreement will be concluded with a new price.

Replacement of suspensive conditions, their cancellation or, conversely, introduction.

Example: It was initially assumed that at the time of final payment and signing of the transfer and acceptance certificate, all persons registered in the apartment would be discharged.

However, it so happened that it was not possible to discharge everyone on time.

An additional agreement is concluded, within the framework of which the registered persons are obliged to check out of the housing within 1 month from the date of signing such an agreement, and only after that the final payment will be made.

Introduction, cancellation or replacement of basic contract terms.

Example: Under the terms of the contract, the seller was obliged to fully repay all debts on utility bills. However, he was unable to do this because he did not have enough money. The seller offers the buyer to proportionately reduce the price of the apartment so that the buyer can repay the debt.

An additional agreement is a separate document and cannot exist separately from the main agreement. It should be signed immediately after such a document is prepared and the parties reach agreement on the changes being made.

There is no need to sign the agreement “retroactively” or, conversely, set a date that has not yet arrived.

If it is required that such a document does not come into force immediately, but only at a certain time or when certain conditions are met, it is better to reflect this in the agreement itself rather than changing the date.

Contents of the additional agreement

The specific content of the additional agreement depends on what exactly the parties to the transaction want to change, remove or add to the agreement. An approximate list of important elements would look like this:

Information about the parties to the transaction, similar to that specified in the main agreement.
Indication of items that will be added, deleted or changed.
Specific information about what changes will be made (what will be removed or added).
Signatures of the parties and date of signing the document.

In addition to the above, the agreement may include a suspensive condition on when this document will come into force.

Additional agreement to the apartment purchase and sale agreement (sample) 2023

Download a sample additional agreement to the apartment purchase and sale agreement

Validity and entry into force of the additional agreement

In most cases, the additional agreement has the same validity period as the main agreement.

However, the parties may decide differently and indicate a specific period not only of when such a document comes into force, but also of when it terminates.

It makes sense to do this only if the additional agreement requires the performance of certain actions on the part of the buyer or seller.

Example: An additional agreement is drawn up stating that the seller undertakes to remove all his belongings from the apartment being sold within 10 days.

For the duration of such an agreement, any other transactions with the apartment are suspended (registration for the new owner, transfer of funds, and so on). As soon as the condition for the removal of things is fulfilled, the agreement becomes invalid.

If the seller does not meet the deadline within 10 days, he undertakes to make a 5% discount on housing.

To conclude such an agreement, no special documents are needed (unless provided for by the terms of the agreement itself).

Usually, the passports of the parties are sufficient, because all other papers have already been provided at the time of signing the main agreement.

However, depending on the situation, the parties have the right to demand from each other additional documentation, which logically relates to the changes, additions or adjustments made.

Additional agreements for three parties

In some cases, an additional agreement may be concluded not only between the seller and the buyer, but also include additional interested parties. For example, bank, tenants and so on.

Example: An apartment buyer plans to rent out a new home. A potential tenant has already been selected and is worried that the apartment may be rented out to another person.

He may ask to draw up an additional agreement stating that immediately after registration of ownership and completion of the transaction, a lease agreement for the apartment will be concluded.

In such a situation, the tenant will act as a third party signing the agreement.

Features of an additional agreement when purchasing a share in an apartment

Separately, it is necessary to note the peculiarities of such agreements in those conditions when not the entire apartment is being sold, but only part of it. Based on legal requirements, other owners of the same apartment have a preemptive right to buy out a share on the same terms as those offered to a third party.

It is logical that an additional agreement may amend such conditions. As a result, all interested parties must be notified that the terms of the transaction have changed and what they are now. This will allow other co-owners to reconsider their position and, quite possibly, buy out the share using their pre-emptive right.

If this is not done, the co-owners will have the right to challenge the transaction in court, which could potentially lead to termination of the contract.

Example: According to the original conditions, the seller sold a share in housing at a price of 2 million rubles. Due to the fact that a huge residential complex with cheap apartments was recently put into operation in the nearest quarter, the cost of real estate in the area fell by 2 times.

The parties enter into an agreement that now this share will cost not 2 million, but 1 million. This may suit the co-owners, who will buy the share on such terms, ignoring even the fact that a potential buyer has already been found and a purchase and sale agreement has been concluded with him.

An additional agreement can not only save the buyer or seller from possible problems, but at the same time, such a document can significantly increase risks. At a free consultation, experienced lawyers will point out the important points of such agreements that definitely deserve attention. In addition, they are able to accompany the entire transaction, from initial negotiations to the final payment stage. As practice proves, this helps eliminate almost all problems, even theoretically possible ones. Additional agreement to the apartment purchase and sale agreement (sample) 2023

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Sample additional agreement to the purchase and sale agreement

Additional agreement to the apartment purchase and sale agreement (sample) 2023

Contracts are characterized by incompleteness. Practice shows that most purchase and sale transactions have to be adjusted over time. But changing the clauses of the concluded contract is impossible. For this purpose, a separate act is drawn up - an additional agreement.

Purpose of the document

An additional agreement to a purchase and sale agreement is an act that makes adjustments to the main transaction.

If the counterparties have come to different terms, then their actual fulfillment will not have legal significance. Formal confirmation is required. Art. 450 of the Civil Code of the Russian Federation is central to understanding the essence of the act.

According to the norm, the parties have the right to make adjustments to contracts only by agreement.

The document is drawn up for the following purposes:

changing conditions;
elimination of individual items;
adding new items.

The law does not require omniscience from the parties. Full knowledge of the circumstances is not available to the parties to the contract, therefore a special mechanism is provided for changing the specified points. For example, the seller suddenly learned about the buyer’s debts or an existing encumbrance on the item.

An additional agreement in its essence is a legal document that is designed to prevent disagreements and smooth out conflicts. The act is an example of the flexibility of civil legislation, which implements the principle of freedom of contract.

The additional agreement is considered only through the prism of the main transaction. The act is additional in relation to the contract. There is no central document - there is no opportunity to make changes.

Rules for drawing up an additional agreement

The law does not stipulate direct requirements for drawing up a document. However, indirect rules are contained in the Civil Code of the Russian Federation. Art. 450 and art. 164 of the Law set out certain rules for drawing up an additional agreement.

General rule: the act is drawn up according to the rules that govern the execution of the main transaction. In other words, the additional document follows the main one.

Form requirements:

written form;
requisites;
availability of parts;
business style of presentation;
no errors or typos.

Most civil relations are formalized in writing. If any operation or action does not require fixation on a tangible medium, then the meaning of the additional agreement disappears.

Details – mandatory information about counterparties. The full name, full name (in the case of organizations), addresses and contact details are written down.

When designing, it is recommended to maintain a dry style of presentation. Artistic expressions that may mislead regarding the subject and essential conditions are not allowed. Only clarity, simplicity and accuracy.

Additional agreement to the apartment purchase and sale agreement (sample) 2023

The content is directly related to the parts of the act. The entire text is divided into the following conventional parts:

“hat”, or introductory;
main;
final provisions.

The act is drawn up only by those persons who are direct participants in the main legal relations. At the same time, it is unacceptable to make adjustments unilaterally. The other participant must agree to the changes.

The introductory part contains details and date of registration. Information about the parties to the agreement is written in the upper right corner of the text. Next comes the title, which is written in the center. The title should clearly indicate which contract the adjustments are being made for.

The main part contains the key information for which the act is drawn up. Information about the main agreement to which amendments are made is written down. Changes are indicated. It is recommended to describe in detail the nature of the edits.

For example, if you need to change the validity period, you should start with the wording “Extend the period until...”. If you decide to remove a specific clause, then write “Recognize the clause... as having lost force...”. The validity period of the edits is indicated separately.

The final provisions indicate the date of execution. Signatures of the participants are added. If the counterparty is a legal entity, then the organization’s seal is affixed.

Applications are a separate block that is included in the final part. The appendices are a list of documentation that served as the basis for the preparation of the additional agreement. This may be court decisions, protocols of disagreements, certificates and other evidence.

Practice has not developed an unambiguous recommendation regarding the location of the details. In some documents, information about the parties is written at the beginning of the text, in some acts it is written at the end. Both options are equivalent.

Additional sample agreements to the apartment purchase and sale agreement

The act is drawn up according to the number of counterparties to the transaction. For example, if there are 3 persons involved in a relationship, then three copies are required. The additional agreement, once drawn up, is an integral part of the main purchase and sale agreement. Both documents are considered inseparably from each other. This implies the importance of proper design.

When preparing an agreement, it is recommended to look at a standard sample. Checking with an example will help you avoid common mistakes and nuances. Moreover, the sample will clarify difficulties regarding content and form. It is important to approach the drafting of the act with care and legal literacy.

Registration additional agreements

A separate problem is the need to register the drafted act. The following rule applies: if the main agreement requires registration with a government agency or a notary, then the adjusting document must also be registered.

In practice, most transactions do not require subsequent approval from government agencies or notary offices.

The need for registration arises in cases of concluding transactions with real estate or other valuable property.

It is worth noting that the real estate purchase and sale agreement itself does not require registration with Rosreestr. It follows that there is no need to fix additional. act.

However, notarization is a method that increases the security of any legal relationship. It is recommended to use the services of a notary when selling particularly valuable property. Such a measure will ensure reliability and transparency of interaction with counterparties.

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Add. agreement to the apartment purchase and sale agreement

Additional agreement to the apartment purchase and sale agreement (sample) 2023

The purchase and sale agreement does not provide for a specific unified template. But, at the same time, there are a number of points, the use of which is regulated at the legislative level. Their use is mandatory.

However, even a standardly drawn up contract is not in every case capable of reflecting the entire list of requirements and individual conditions, the presence of which in the written form of the contract is necessary.

It is for this reason that, in many cases, after drawing up the main contract, it becomes necessary to draw up an additional agreement to it, with the help of which you can correct all omissions in the conditions by adding individual clauses to the main document or changing existing ones. This document should also be drawn up in accordance with legally established legal standards.

Thus, as an additional agreement we mean a special-purpose document intended to document any kind of amendments to the terms of the current agreement drawn up between the parties. There are many reasons that prompt the parties to draw up an additional agreement.

Mostly, an additional agreement regarding price changes acts as an annex to the purchase and sale agreement.
However, there are many other reasons, when they arise, it is necessary to draw up an additional agreement.
The list of such circumstances includes any kind of emergency situations that arise in the process of fulfilling the terms of the agreement by the parties.
It could be:

clarification of the parties' details;
change in agreement price;
frequency of payment
other significant circumstances.

When drawing up such agreements, it is important to remember one key point - the execution of this document becomes possible only when this issue has been considered by the parties and the latter have come to an appropriate agreement regarding the changes and/or additions to be made.

The execution of this type of agreement is carried out in accordance with the regulations applicable to purchase and sale agreements.

It is for this reason that the main legal document that should be used to guide the preparation of additional documents. agreements, the Civil Code of the Russian Federation stands.

Now, regardless of the standard type of real estate, the procedure for its sale/purchase requires the preparation of a special purchase and sale agreement between the parties.

Sometimes, during the transaction process, additional circumstances may arise. When they appear, an additional agreement allows them to be documented. This way the corresponding costs are justified.

Mostly residential real estate is bought and sold by owners who are individuals. Therefore, when purchasing/selling housing, an agreement of the appropriate form is drawn up.

Drawing up an additional agreement, in this case, is required if the following circumstances arise:

if certain changes have been made to the property;
the buyer does not actually have the opportunity to make a one-time payment of the full price for the living space - an installment payment agreement must be drawn up, with payments distributed over periods;
other.

Today's conditions for the practical use of additional agreements are associated with the emergence of many nuances.

For this reason, a detailed consideration of the latter will provide the parties with the opportunity to resolve emerging disputes in advance.

A sample agreement is here.
ADDITIONAL AGREEMENT
N 3 on changes and additions to conditions
purchase and sale agreement No. 453 dated December 11, 2016

Additional agreement to the apartment purchase and sale agreement: sample

Additional agreement to the apartment purchase and sale agreement (sample) 2023

An additional agreement is a document drawn up after the signing of an agreement and containing changes to the original terms of the transaction or additions to them. An additional agreement can also be drawn up in order to cancel some of the conditions reflected in the original version of the agreement.

Why is it necessary?

An additional agreement may be drawn up both together with the purchase and sale agreement for an apartment (ASA) or other housing, or after it has been signed. It may supplement the contract, for example, with specific deadlines for repair or other warranty work. The additional agreement introduces specifics into the terms of the transaction, and the agreement itself provides reference information to the points that are specified in the agreement.

The agreement expands the policy, making it detailed and understandable. It provides an interpretation of some clauses, makes additions and changes, and edits certain conditions. As soon as the additional agreement acquires legal force, and this happens already on the day of its signing, the corresponding clauses of the agreement immediately become invalid.

There are a number of conditions that must be met in order to sign an additional agreement:

both parties agree to change the terms of the policy;
the content of both documents does not contradict Russian legislation;
both documents are drawn up in the same form (written);
The contract has already been signed (otherwise, it is better to change its text without resorting to drawing up an additional agreement).

When is it necessary to compose?

An additional agreement is drawn up in cases where it is necessary to change the terms of the contract, terminate it, or add information to it that is important for fulfilling the specific obligations of the parties.

An additional agreement to the PrEP is signed in a variety of situations:

The name of the street where the housing is located has changed. The agreement is drawn up in order to then make these changes to the Unified State Register of Real Estate;
A detailed inspection of the apartment showed that it has serious shortcomings, due to which the buyer demanded a proportionate reduction in value;
The seller’s trust in the buyer has been undermined, which is why he wanted to include in the DCP a separate clause on liability in case of late payment under the transaction;
Payment terms have changed. If the parties initially agreed on an advance payment, but then decided to include an installment plan in the DCP;
The seller cannot leave the apartment on time. The buyer is not against it, but wants to reflect this in the text of the contract, adding new deadlines for the seller’s eviction;
It is necessary to change the payment bank details specified in the agreement because an error has crept into them.

The reasons for signing a new agreement are determined solely by the parties to the transaction. There is no exhaustive list of reasons for this.

How to apply correctly?

According to Article 550 of the Civil Code of the Russian Federation, DCTs are drawn up in writing and do not require a notary’s signature. The same rules apply to additional agreements. However, the parties have every right to have both papers certified by a notary. If the contract has already been certified by a notary, then by law the additional agreement must also be certified.

The agreement contains the following information:

Name;
date and place of compilation;
personal information, details of the parties (full name, information from passport);
Full name of the person who will sign the document on behalf of the law firm (if one of the parties is a legal entity);
information about the agreement, including its number, date and place of execution;
the reasons why the document is being drawn up, the new edition of the paragraphs of the policy and other information;
the conditions under which the document comes into force;
signatures of the parties and their transcript.

You can download the additional agreement form for the apartment’s contractual agreement or a ready-made sample using the links at the end of the article. The parties have the right to draw up a document independently, taking into account the rules for writing legal documents. When subsequently registering the agreement with Rosreestr, in addition to other documents, you will need to present a copy of the additional agreement.

Important! After the additional agreement enters into legal force, the DCP will be in effect with the changes that were made to it.

Sample

Download supplementary agreement form.doc
Download sample supplementary agreement.doc

List of documents

Often, to draw up and sign an additional agreement, no documents are required other than the contract and passports available to the seller and buyer. But if the basis for changing the terms of the monetary policy was not only the will of the parties to the transaction, but also some external factors, then other papers will be required.

These are usually:

protocol of disagreements signed by the parties to the transaction;
certificates or other documents that require changing the original terms of the transaction;
court order or decision of other government authorities;
statements of the parties, which set out the objective reasons for changing the terms of the transaction.

Do I need to register?

The DCT does not need to be registered (Article 558 of the Civil Code of the Russian Federation), but the changes it makes must be registered in Rosreestr. The DCP changes the ownership rights to an apartment or other residential premises. There is no need to register an additional agreement if it does not change the scope of rights to the apartment. Otherwise, you won’t be able to do it without going to Rosreestr.

For example, if encumbrances appear on an apartment, shown in the agreement, you will need to visit Rosreestr to change the scope of rights. This happens if the buyer first wanted to buy a home for cash, and then decided to take out a mortgage.

If, after signing the agreement, you need to visit Rosreestr, the procedure will look like this:

the agreement is sent to Rosreestr in any available way - by Russian mail, through the official Gosuslugi portal, using the Multifunctional Center or during a personal visit to the institution;
along with the additional agreement, other documents related to the case are sent (application for changing information in the Unified State Register of Real Estate and other documents giving grounds for this change);
a state fee is paid for making changes to Rosreestr;
after a change in the scope of rights to an apartment, the applicant is issued an extract containing already corrected data about the apartment or other property.

Timing of changes and their cost

Let us turn to Article 16 of the Federal Law “On State Registration of Real Estate”, which provides comprehensive information on the timing of amendments to the Unified State Register of Real Estate. In accordance with it, changes made to Rosreestr will be made within the following period:

one day - the agreement is sent to Rosreestr through a notary and in electronic form;
three working days - certified by a notary and immediately transferred through him;
five working days - the document was first certified by a notary, and then it was transferred to Rosreestr through the MFC;
seven working days - the agreement was not registered with a notary and was submitted directly;
nine working days - the agreement was not certified by a notary, and it was submitted through the MFC.

The procedure for making changes to the Unified State Register is paid, and the amount of the state fee for this service is determined by Article 333.33 of the Tax Code of the Russian Federation. If changes in the scope of rights to an apartment are not related to mortgage lending, then the fee for citizens and organizations will be 350 rubles. If we are talking about changes that involve an encumbrance in the form of a mortgage, then the duty for citizens will be 1,000 rubles, for enterprises - 4,000 rubles.

Differences between an additional agreement and a contract

The Additional Agreement, unlike the DCT, is only an annex to it, and therefore cannot be considered as an independent document. In itself it has no legal force. There are other differences:

a contract is often concluded for a longer period than the additional agreement to it;
the validity period of the agreement cannot exceed the validity period of the policy;
the additional agreement does not describe in detail the technical details and terms of the transaction;
First, the contract is signed and only then the additional agreement to it;
The parties to the agreement are any legal entities, individual entrepreneurs or citizens, and the agreement is certified only by those who signed the contract.

Typically, an additional agreement makes adjustments to the agreement and provides an updated version of it. But it can also act as a basis for canceling the contract without creating bad consequences for the parties to the transaction.

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Additional agreement to the purchase and sale agreement

Additional agreement to the apartment purchase and sale agreement (sample) 2023

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Features of the additional agreement to the apartment purchase and sale agreement and sample document

Goals and objectives of the document

The standard real estate policy does not have a standardized form , but, according to the legislative norms of the Russian Federation, a number of conditions must be included in it.