Prior to the entry into force of the Federal Law of the Russian Federation of December 25, 2012 No. 271-FZ “On Amending the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation and Recognizing Certain Provisions of Legislative Acts of the Russian Federation as Invalid” (hereinafter Law No. 271-FZ) overhaul apartment buildings helped to conduct the housing and communal services fund. Now the fund will only sponsor the resettlement of citizens from dilapidated and dilapidated housing. After entry into force Federal Law No. 271-FZ owners of housing in apartment buildings will pay for major repairs. Repair payments are mandatory. The amount of the monthly fee in each region is set separately and will vary from 5 to 7 rubles per square meter.
Let's look at the pros and cons of Federal Law No. 271-FZ how this will affect the wallets of ordinary citizens. The new law, in fact, did not introduce a new norm into civil law, since the Civil Code of the Russian Federation (Article 210) and the LC RF (Clause 1, Article 158) clearly state:
Owners are responsible for the maintenance of owned housing. In other words, a person who has bought, privatized, or otherwise obtained ownership of an apartment in an apartment building receives not only rights, but also obligations to maintain housing in proper condition (repair of the roof, facade, foundation, etc.).
Law No. 271-FZ, recognizing the payment for overhaul as mandatory for all owners, is aimed at creating a clear mechanism that will allow for the overhaul of the entire housing stock in a planned manner.
In case of inappropriate use Money collected for the overhaul of apartment buildings, the federal law No. 271-FZ provides for the following decisions:
1st option: By the end of 2013, the regions of the Russian Federation must create a capital repair fund and establish a state enterprise - a regional operator. The regional operator will carry out capital repairs using the funds that will go to the fund according to the plan, which will include each apartment building in the constituent entity of the Russian Federation. Such lists will be compiled by local governments. The registers will be in the public domain, and every citizen will be able to follow the progress of the queue for repairs. Each region will set its own fee for residents, but the federal and regional budgets will co-finance capital repairs.
This fundraising option actually contradicts the Civil Code of the Russian Federation and the Constitution of the Russian Federation. As noted above, the owner bears the burden of maintaining his own property, but not someone else's. As a general rule, officials allow the use of collected funds from one house for the overhaul of another, according to the approved schedule. One can only guess how the queue will be formed, and who will receive assistance in the first place, and whose house will be repaired in 10 years;
2nd option: The HOA has the right to open its own special account, to which the owners will transfer contributions for capital repairs in order to form a capital repair fund. At the same time, funds from such an account can only be used for major repairs and for nothing else.
If the Management Company arbitrarily increases the amount of the contribution for capital repairs, the owners can apply to the court to protect their interests.
Video: Discussion of the law on payments for capital repairs in 2016. Is it possible to “not pay capital repairs contributions” from July 2015
Should I pay for a major home renovation in 2016?
After the entry into force of Law No. 271-FZ, owners of housing in apartment buildings will pay for major repairs. Overhaul payments are mandatory.
The amount of the monthly fee in each region is set separately and will vary from 5 to 7 rubles per square meter.
Local self-government bodies are required to create a capital repair fund and appoint a regional operator who will repair the housing stock and publish information on the state of the repaired houses on the Internet in a timely manner.
At first glance, everything is very clear, moreover, in some regions, even before the adoption of this law, the owners paid for the overhaul of residential buildings, but there are many speculations and rumors around this document about how this money will be collected and spent.
So, for example, it was not clear what fate awaits the money deposited by the tenants: will they be deposited in a separate bank account and repaired on them only concrete house or the authorities will create a "common pool", the finances from which will be spent as needed.
Is there a way to avoid paying contributions for the overhaul of apartment buildings?
The law provides for three possibilities not to pay.
- You can not pay if the house is recognized as emergency.
- Because according to the new law on overhaul, the decision is made by the tenants themselves, then by a common decision the payment collection process can be stopped by collecting the required amount.
- Use as contributions the funds from the rental of non-residential premises in the house (if it is common house property) and the rental of facades of the house for advertising.
As you can see, all of the above methods are just small exceptions to the rule. True, now at the level of the Russian government the issue of exemption from payment of tenants of new buildings is being discussed.
What happens to those who don't pay?
The overhaul fee will appear on your utility bill. However, Muscovites theoretically have the right to pay the receipt not in full. At the same time, the regional overhaul fund says that they will deal with debtors according to the scheme worked out by other communal organizations - first send them notifications, and then sue them. And the amount collected through the court will include interest and court costs. Therefore, it is better not to postpone payments and pay all contributions on time.
Is it possible to apply for a subsidy for the overhaul contribution?
Yes, there is such a possibility. The contribution is considered a payment for utility services. Therefore, if, with its advent, your payment for these services exceeds the standard for the maximum allowable share of citizens' expenses on housing and communal services, you will be entitled to apply for a subsidy.
What will happen if tenants paid contributions for repairs, and then their house is recognized as emergency?
Today it is one of the most difficult questions. According to the law, from the day the house is recognized as emergency, tenants will be exempted from contributions for overhaul. However, the funds collected in the common cauldron of the overhaul program cannot be directed to the resettlement of the house. Meanwhile, the program for the resettlement of dilapidated houses at the expense of the federal budget is calculated only until 2015.
Recently, a fraud scheme has appeared in which you can lose your housing, even if you have a certificate of ownership of the apartment in your hands (lying at home). Attackers simply enter into a contract of sale on your behalf, and the certificate is received as a duplicate.
(as amended on 06/29/2015)
»On Amending the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation and Recognizing Certain Provisions of Legislative Acts of the Russian Federation as Invalid»
Federal Law No. 271-FZ of December 25, 2012
(as amended on 06/29/2015)
"On Amendments to the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation and Recognizing as Invalid Certain Provisions of Legislative Acts of the Russian Federation"
THE RUSSIAN FEDERATION
THE FEDERAL LAW
ABOUT CHANGES
IN THE HOUSING CODE OF THE RUSSIAN FEDERATION AND SEPARATE
LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION AND RECOGNITION
VOID CERTAIN PROVISIONS OF LEGISLATIVE
ACTS OF THE RUSSIAN FEDERATION
State Duma
Federation Council
List of changing documents
(as amended by Federal Law No. 176-FZ of June 29, 2015)
Include in the Housing Code of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2005, N 1, Art. 14; 2006, N 1, Art. 10; N 52, Art. 5498; 2007, N 1, Art. 13, 14, 21; N 43, item 5084; 2008, N 17, item 1756; N 20, item 2251; N 30, item 3616; 2009, N 23, item 2776; N 39, item 4542; N 48, item 5711; N 51, item 6153; 2010, N 19, item 2278; N 31, item 4206; N 49, item 6424; 2011, N 23, item 3263; N 30, item 4590; N 49, items 7027, 7061; N 50, items 7337, 7343, 7359; 2012, N 10, item 1163; N 14, item 1552; N 24, item 3072; N 26, item 3446; N 27, article 3587; N 31, article 4322) the following changes:
1) Article 2 shall be supplemented with paragraph 6.1 of the following content:
"6.1) organize the provision of timely overhaul of common property in apartment buildings at the expense of contributions from the owners of premises in such houses for the overhaul of common property in apartment buildings, budgetary funds and other sources of funding not prohibited by law;";
2) in paragraph 1 of Article 4:
a) Clause 11 shall be supplemented with the words “including the payment of a contribution for the overhaul of common property in an apartment building (hereinafter also referred to as the contribution for overhaul)”;
b) add clause 11.1 with the following content:
"11.1) formation and use of the fund for the overhaul of common property in an apartment building (hereinafter referred to as the capital repair fund);";
3) in Article 12:
a) add paragraph 10.1 with the following content:
"10.1) determining the procedure for establishing the need for a major overhaul of common property in an apartment building;";
b) add paragraph 16.4 with the following content:
"16.4) monitoring the use of the housing stock and ensuring its safety;";
c) add paragraph 16.5 with the following content:
d) add paragraph 16.6 with the following content:
"16.6) monitoring the choice and implementation by the owners of premises in an apartment building of the method of forming a capital repair fund;";
4) Article 13 shall be supplemented with paragraph 8.2 of the following content:
"8.2) establishment of the minimum amount of contribution for capital repairs;";
5) Article 19 shall be supplemented with part 6 of the following content:
“6. Monitoring of the use of the housing stock and ensuring its safety is carried out by the federal executive body authorized by the Government of the Russian Federation in the manner established by the Government of the Russian Federation.”;
6) in Article 20:
a) part 1, after the words "use and maintenance of the common property of the owners of premises in apartment buildings," add the words "formation of capital repairs funds,", after the words "provision of public services to owners and users of premises in apartment buildings and residential buildings", add the words ", specialized non-profit organizations that carry out activities aimed at ensuring the overhaul of common property in apartment buildings (hereinafter referred to as the regional operator)”;
b) Part 3 after the words “inspections of legal entities” shall be supplemented with the words “(except for regional operators)”, supplemented with the following sentence: “Relations related to the implementation of state housing supervision in relation to the activities of regional operators, the organization and conduct of their inspections are the provisions of the said Federal Law, taking into account the specifics provided for by Part 4.3 of this Article.”;
c) add part 4.3 with the following content:
“4.3. Inspections of the activities of regional operators are carried out at any frequency and without the formation of an annual plan for scheduled inspections. The period of inspections is not limited. Unscheduled inspections of regional operators are carried out without the consent of the prosecutor's office and without prior notification of regional operators about such inspections.”;
7) supplement Article 36.1 with the following content:
“Article 36.1. General funds held in a special account
1. The owners of premises in an apartment building own the rights to the funds held on a special account intended for transferring funds for the overhaul of common property in an apartment building and opened with a credit institution (hereinafter referred to as a special account), and formed from contributions to capital repairs, interest paid in connection with improper performance of the obligation to pay such contributions, and interest accrued by the credit institution for the use of funds in a special account.
2. The share of the owner of a premise in an apartment building in the right to funds held in a special account is proportional to the total amount of contributions for capital repairs paid by the owner of such premise and the previous owner of such premise.
3. The right of the owner of premises in an apartment building to a share of funds held in a special account follows the fate of the ownership of such premises.
4. Upon transfer of ownership of a premise in an apartment building, the share of the new owner of such premise in the right to funds held in a special account is equal to the share in the right to the said funds of the previous owner of such premises.
5. The owner of premises in an apartment building is not entitled to demand the allocation of his share of funds held in a special account.
6. When acquiring ownership of premises in an apartment building, a share in the right to funds held in a special account shall be transferred to the purchaser of such premises.
7. The terms of the agreement, according to which the transfer of ownership of the premises in an apartment building is not accompanied by the transfer of a share in the right to funds held in a special account, are void.”;
In part 2 of article 44:
a) clause 1 shall be supplemented with the words “on the use of the capital repair fund”;
b) add paragraph 1.1 with the following content:
"1.1) making decisions on the choice of the method of forming the capital repair fund, the amount of the contribution for capital repairs in terms of exceeding its size over the established minimum contribution for capital repairs, the minimum amount of the capital repair fund in terms of exceeding its size over the established minimum size of the capital repair fund ( in the event that the law of the subject of the Russian Federation establishes the minimum amount of the capital repair fund), the choice of a person authorized to open a special account and carry out transactions with funds held on a special account;”;
c) add paragraph 1.2 with the following content:
“1.2) making decisions on obtaining by a homeowners association or a housing construction cooperative, a housing cooperative or other specialized consumer cooperative, a managing organization and with the direct management of an apartment building, the owners of premises in this house by a person authorized by the decision of the general meeting of such owners, a loan or loan for overhaul of common property in an apartment building, on determining the essential terms of a loan agreement or loan agreement, on the receipt by these persons of a guarantee, surety for this loan or loan and on the conditions for obtaining the said guarantee, surety, as well as repayment at the expense of the capital repair fund of a loan or the loan used to pay the costs of major repairs of common property in an apartment building, and on the payment of interest for the use of this loan or loan, payment at the expense of the capital repairs fund of the costs of obtaining these guarantees, the guarantor stva;";
9) point 5 of part 2 of article 153 add the words "subject to the rule established by paragraph 3 of Article 169 of this Code";
10) Part 2 of Article 154 shall be stated as follows:
"2. The payment for housing and utilities for the owner of premises in an apartment building includes:
1) payment for the maintenance and repair of residential premises, including payment for services and work on the management of an apartment building, maintenance, current repairs of common property in an apartment building;
2) contribution for capital repairs;
3) utility bills.”;
11) in Article 155:
a) in Part 5, the words “current and capital” shall be replaced by the words “and current”, supplemented with the words “, including paying contributions for capital repairs in accordance with Article 171 of this Code”;
b) Part 6 shall be supplemented with the words ", including paying contributions for capital repairs in accordance with Article 171 of this Code";
c) in Part 7, the words “in the case provided for by Part 7.1 of this Article” shall be replaced by the words “cases provided for by Part 7.1 of this Article and Article 171 of this Code”;
d) Part 14 after the word “(debtors)” shall be supplemented with the words “(except for capital repairs contributions)”;
e) add part 14.1 with the following content:
“14.1. Owners of premises in an apartment building who have not paid their dues for capital repairs on time and (or) not in full are obliged to pay interest to the capital repairs fund in the amount established in the manner prescribed by part 14 of this article. The said interest shall be paid in accordance with the procedure established for the payment of contributions for capital repairs.”;
12) article 156:
a) add part 8.1 of the following content:
“8.1. The minimum amount of the contribution for capital repairs is established by the regulatory legal act of the constituent entity of the Russian Federation in accordance with the methodological recommendations approved by the federal executive body authorized by the Government of the Russian Federation, in the manner established by the law of the constituent entity of the Russian Federation, based on the total area occupied by the premises in an apartment building owned by the owner such premises, and can be differentiated depending on the municipality in which the apartment building is located, taking into account its type and number of storeys, the cost of overhaul of individual elements of building structures and engineering systems apartment building, the normative terms of their effective operation until the next overhaul (normative overhaul periods), as well as taking into account the list of works on major repairs of common property in an apartment building established by this Code and the regulatory legal act of the constituent entity of the Russian Federation.
b) add part 8.2 with the following content:
“8.2. The owners of premises in an apartment building may decide to establish a contribution for major repairs in an amount exceeding the minimum amount of such a contribution established by a regulatory legal act of a constituent entity of the Russian Federation.”;
13) in Article 158:
a) Part 1 shall be supplemented with the words “and contributions for capital repairs”;
b) part 2 shall be stated as follows:
"2. Expenses for major repairs of common property in an apartment building are financed from the capital repairs fund and other sources not prohibited by law.”;
c) Part 3 shall be supplemented with the words “including the obligation not fulfilled by the previous owner to pay contributions for capital repairs”;
14) in article 159:
a) in part 6, the second sentence shall be amended as follows: “The size of the regional standard for the cost of housing and communal services is established for the persons specified in paragraphs 1-3 of part 2 of this article, based on the amount of payment for the use of residential premises (rent) for tenants under social tenancy agreements living in residential premises located in apartment buildings, the level of improvement, the design and technical parameters of which correspond to the average conditions in the municipality, the amount of the fee used to calculate the fee for the maintenance and repair of the residential premises for the indicated tenants, prices, tariffs and norms for the consumption of utilities used to calculate fees for utilities for these tenants. ”, supplement with the following sentence: “The size of the regional standard for the cost of housing and communal services is established for owners of residential premises based on the size of the fee used to calculate and fees for the maintenance and repair of residential premises for the specified tenants, the minimum contribution for capital repairs (when paying contributions for capital repairs in accordance with this Code), prices, tariffs for resources necessary for the provision of public services, and standards for the consumption of public services, used to calculate utility bills for specified tenants.”;
b) part 11 after the words "the cost of housing and communal services" shall be supplemented with the words "including the cost of housing and communal services for owners of residential premises who, in accordance with this Code, pay contributions for major repairs,";
15) add Section IX with the following content:
"Section IX. ORGANIZATION OF MAJOR REPAIRS
COMMON PROPERTY IN APARTMENT BUILDINGS
Chapter 15. GENERAL PROVISIONS ON MAJOR REPAIRS
COMMON PROPERTY IN APARTMENT BUILDINGS AND ORDER
ITS FINANCING
Article 166
1. The list of services and (or) works for the overhaul of common property in an apartment building, the provision and (or) implementation of which is financed from the funds of the overhaul fund, formed on the basis of the minimum contribution for overhaul established by the regulatory legal act of the constituent entity of the Russian Federation , includes:
1) repair of intra-house engineering systems of electricity, heat, gas, water supply, sanitation;
2) repair or replacement of elevator equipment recognized as unsuitable for operation, repair of elevator shafts;
3) repair of the roof, including the conversion of a non-ventilated roof to a ventilated roof, arrangement of exits to the roof;
4) repair of basements belonging to common property in an apartment building;
5) insulation and facade repair;
6) installation of collective (common house) metering devices for the consumption of resources necessary for the provision of public services, and nodes for controlling and regulating the consumption of these resources (thermal energy, hot and cold water, electricity, gas);
7) repair of the foundation of an apartment building.
2. A regulatory legal act of a constituent entity of the Russian Federation lists services and (or) works for the overhaul of common property in an apartment building financed from the funds of the capital repairs fund, the amount of which is formed based on the minimum contribution for capital repairs established by the regulatory legal act of the constituent entity of the Russian Federation Federation, may be supplemented by other types of services and (or) works.
3. If the owners of premises in an apartment building make a decision to establish a contribution for capital repairs in an amount exceeding the minimum contribution for capital repairs, the part of the capital repairs fund formed from this excess, by decision of the general meeting of owners of premises in an apartment building, can be used to finance any services and (or) work on the overhaul of common property in an apartment building.
4. List of services and (or) work on the overhaul of common property in an apartment building that can be financed from the funds state support provided by the subject of the Russian Federation is determined by the regulatory legal act of the subject of the Russian Federation.
Article 167
The state authorities of the constituent entity of the Russian Federation adopt regulatory legal acts that are aimed at ensuring the timely conduct of major repairs of common property in apartment buildings located on the territory of the constituent entity of the Russian Federation, and which:
1) the minimum amount of the contribution for the overhaul of common property in an apartment building is established;
2) the procedure for monitoring the technical condition of apartment buildings is established;
3) a regional operator is created, the issue of forming its property is resolved, the constituent documents of the regional operator are approved, the procedure for the activity of the regional operator is established;
4) the procedure and conditions for the provision of state support for the overhaul of common property in apartment buildings, including the provision of guarantees, guarantees for loans or loans, are approved, if the appropriate funds for the implementation of this support are provided for by the law of the subject of the Russian Federation on the budget of the subject Russian Federation;
5) establishes the procedure for the preparation and approval of regional programs for the overhaul of common property in apartment buildings, as well as the requirements for these programs;
6) establishes the procedure for the provision by the person in whose name the special account is opened (hereinafter referred to as the owner of the special account) and the regional operator of the information to be provided in accordance with Part 7 of Article 177 and Article 183 of this Code, a list of other information to be provided by the said persons, and the procedure for providing such information;
7) establishes the procedure for the payment by the owner of a special account and (or) the regional operator of capital repair fund funds to owners of premises in an apartment building, as well as the procedure for using capital repair fund funds for the purpose of demolition or reconstruction of an apartment building in cases provided for by this Code;
The procedure for exercising control over the targeted spending of funds generated from contributions for capital repairs and ensuring the safety of these funds is established.
Article 168
1. The highest executive bodies of state power of the constituent entities of the Russian Federation approve regional programs for the overhaul of common property in apartment buildings in order to plan and organize the overhaul of common property in apartment buildings, plan the provision of state support, municipal support for the overhaul of common property in apartment buildings at the expense of the budgets of the constituent entities of the Russian Federation, local budgets (hereinafter referred to as state support, municipal support for major repairs).
2. The regional program for the overhaul of common property in apartment buildings (hereinafter referred to as the regional overhaul program) is formed for the period necessary for the overhaul of common property in all apartment buildings located on the territory of a constituent entity of the Russian Federation, and includes:
1) a list of all apartment buildings located on the territory of a constituent entity of the Russian Federation, with the exception of apartment buildings recognized as emergency and subject to demolition in accordance with the procedure established by the Government of the Russian Federation;
2) a list of services and (or) works for the overhaul of common property in apartment buildings;
3) the planned year for the overhaul of common property in apartment buildings;
4) other information to be included in the regional overhaul program in accordance with the regulatory legal act of the constituent entity of the Russian Federation.
3. The sequence of capital repairs of common property in apartment buildings is determined in the regional capital repairs program based on the criteria established by the law of the constituent entity of the Russian Federation and can be differentiated by municipalities. As a matter of priority, the regional overhaul program should provide for the overhaul of:
1) common property in multi-apartment buildings in which major repairs were required on the date of privatization of the first residential premises, provided that such major repairs were not carried out as of the date of approval or updating of the regional major repairs program;
2) apartment buildings, the overhaul of which is required in order to establish the need for a major overhaul of common property in an apartment building, approved by the Government of the Russian Federation.
4. Making changes to the regional capital repair program that provide for the postponement of the established period for the overhaul of common property in an apartment building to a later period, the reduction of the list of planned types of services and (or) work on the overhaul of common property in an apartment building is not allowed, with the exception of cases of adoption of the relevant decision by the owners of the premises in this apartment building.
5. The regional overhaul program is subject to updating at least once a year.
6. The procedure for the preparation and approval of regional programs for capital repairs and the requirements for such programs are established by the law of the constituent entity of the Russian Federation in accordance with this Code.
7. In order to implement the regional capital repair program, to specify the timing of the overhaul of common property in apartment buildings, to clarify the planned types of services and (or) work on the overhaul of common property in apartment buildings, to determine the types and volume of state support, municipal support for capital repairs public authorities of a constituent entity of the Russian Federation, local governments are required to approve short-term (up to three years) plans for the implementation of a regional capital repair program in the manner prescribed by a regulatory legal act of a constituent entity of the Russian Federation.
Article 169
1. The owners of premises in an apartment building are obliged to pay monthly contributions for the overhaul of common property in an apartment building, except for the cases provided for by part 2 of this article, part 8 of article 170 and part 4 of article 181 of this Code, in the amount established in accordance with part 8.1 of Article 156 of this Code, or, if the relevant decision is made by the general meeting of owners of premises in an apartment building, in a larger amount.
2. Contributions for major repairs are not paid by the owners of premises in an apartment building recognized as emergency and subject to demolition in accordance with the procedure established by the Government of the Russian Federation, as well as in the event that an executive body of state power or a local self-government body decides to withdraw a land plot for state or municipal needs, on which this apartment building is located, and on the seizure of each residential premises in this apartment building, with the exception of residential premises owned by the Russian Federation, a constituent entity of the Russian Federation or a municipality. The owners of premises in an apartment building are exempted from the obligation to pay contributions for major repairs starting from the month following the month in which the decision to withdraw such a land plot was made.
3. The obligation to pay contributions for major repairs arises for the owners of premises in an apartment building after four calendar months, if more than early term not established by the law of the subject of the Russian Federation, starting from the month following the month in which the approved regional capital repair program was officially published, which includes this apartment building.
4. Income from the transfer for use of common property in an apartment building, funds from a homeowners association, including income from economic activity associations of homeowners, may be directed by the decision of the owners of premises in an apartment building, by the decision of members of the association of homeowners adopted in accordance with this Code, the charter of the association of homeowners, to form a capital repair fund to fulfill the obligation of the owners of premises in an apartment building to pay contributions for overhaul.
Article 170
1. Contributions for major repairs paid by the owners of premises in an apartment building, interest paid by the owners of such premises in connection with their improper fulfillment of their obligation to pay contributions for major repairs, interest accrued for the use of funds held on a special account form the capital fund. repair.
2. The size of the capital repair fund is calculated as the sum of the proceeds to the fund specified in Part 1 of this Article, minus the amounts transferred at the expense of the capital repair fund in payment for the cost of services rendered and (or) work performed on the capital repair of common property in an apartment building and advance payments for the specified services and (or) works.
3. The owners of premises in an apartment building have the right to choose one of the following ways to form a capital repair fund:
1) transfer of contributions for capital repairs to a special account in order to form a capital repair fund in the form of funds held on a special account (hereinafter - the formation of a capital repair fund on a special account);
2) transfer of contributions for capital repairs to the account of the regional operator in order to form a capital repair fund in the form of obligations of owners of premises in an apartment building in relation to the regional operator (hereinafter - the formation of a capital repair fund on the account of the regional operator).
4. In the event that the owners of premises in an apartment building have chosen to form it on a special account as a method of forming a capital repair fund, the decision of the general meeting of owners of premises in an apartment building must determine:
1) the amount of the monthly contribution for capital repairs, which must not be less than the minimum contribution for capital repairs established by a regulatory legal act of a constituent entity of the Russian Federation;
2) - 3) have become invalid. - Federal Law of June 29, 2015 N 176-FZ;
4) the holder of a special account;
5) a credit institution in which a special account will be opened. If a regional operator is designated as the owner of a special account, the credit institution chosen by the owners of premises in an apartment building must carry out activities to open and maintain special accounts on the territory of the corresponding subject of the Russian Federation. If the owners of premises in an apartment building have not chosen a credit institution in which a special account will be opened, or if this credit institution does not meet the requirements specified in this paragraph and part 2 of Article 176 of this Code, the question of choosing a credit institution in which a special account is opened, is considered transferred to the discretion of the regional operator.
5. The decision to determine the method of forming the capital repair fund must be made and implemented by the owners of premises in an apartment building within the period established by the state authority of the subject of the Russian Federation, but not more than two months after the official publication of the approved subject of the Russian Federation in the statutory the order of the regional capital repair program, which includes an apartment building, in respect of which the issue of choosing the method of forming its capital repair fund is being decided. In order to implement the decision to form a capital repair fund on a special account opened in the name of the regional operator, the owners of premises in an apartment building must send to the regional operator a copy of the minutes of the general meeting of such owners who issued this decision.
6. Not later than one month before the expiration of the period established by part 5 of this article, the local government convenes a general meeting of owners of premises in an apartment building to decide on the choice of a method for forming a capital repair fund, if such a decision has not been made earlier.
7. In the event that the owners of premises in an apartment building did not choose the method of forming the capital repair fund within the period established by part 5 of this article or the method chosen by them was not implemented within the period established by part 5 of this article, and in cases provided for by part 7 of the article 189 of this Code, the local government decides on the formation of a capital repair fund in relation to such a house on the account of the regional operator.
8. The law of the subject of the Russian Federation may establish the minimum amount of capital repairs funds in relation to apartment buildings, the owners of premises in which form these funds on special accounts. The owners of premises in an apartment building have the right to set the amount of the overhaul fund for their home in an amount greater than the established minimum amount of the overhaul fund. Upon reaching the minimum capital repair fund, the owners of premises in an apartment building at a general meeting of such owners have the right to decide to suspend the obligation to pay capital repairs contributions, with the exception of owners who are in arrears in paying these contributions.
Article 171
1. In the event of the formation of a capital repair fund on the account of a regional operator, the owners of premises in an apartment building pay contributions for capital repairs on the basis of payment documents submitted by the regional operator, within the time limits established for making payments for housing and utilities, unless otherwise provided by law subject of the Russian Federation.
2. In the event of the formation of a capital repair fund on a special account opened in the name of the person specified in paragraph 3 of Article 175 of this Code, contributions for capital repairs are paid to such a special account within the time limits established for making payments for housing and communal services.
Article 172. Control over the formation of the capital repair fund
1. The owner of a special account, within five working days from the date of opening a special account, is obliged to submit to the state housing supervision body a notification on the method of formation of the capital repair fund chosen by the owners of the premises in the relevant apartment building, attaching a copy of the minutes of the general meeting of owners of the premises in this apartment building on acceptance decisions provided for by parts 3 and 4 of Article 170 of this Code, a bank certificate on opening a special account, unless otherwise provided by the law of the subject of the Russian Federation.
2. The regional operator is obliged to submit to the body of state housing supervision in the manner and within the time limits established by the law of the constituent entity of the Russian Federation, provided by the law of the constituent entity of the Russian Federation, information on apartment buildings, the owners of premises in which form capital repair funds on the account, accounts of the regional operator, and also on the receipt of contributions for major repairs from the owners of premises in such apartment buildings.
3. The owner of a special account is obliged to submit to the body of state housing supervision in the manner and within the time limits established by the law of the constituent entity of the Russian Federation, information on the receipt of contributions for major repairs from the owners of premises in an apartment building, on the amount of the balance of funds on the special account.
4. The state housing supervision body maintains a register of notifications specified in paragraph 1 of this article, a register of special accounts, informs the local government body and the regional operator about multi-apartment buildings, the owners of premises in which have not chosen the method of forming capital repairs funds and (or) have not implemented it .
5. The body of state housing supervision provides the information specified in parts 1 - 4 of this article to the federal executive body that performs the functions of developing and implementing state policy and legal regulation in the field of socio-economic development of the constituent entities of the Russian Federation and municipalities, construction, architecture, urban planning (with the exception of state technical accounting and technical inventory of objects capital construction) and housing and communal services, in the manner prescribed by this federal body.
Article 173
1. The method of formation of the capital repair fund may be changed at any time based on the decision of the general meeting of owners of premises in an apartment building.
2. In the event that for the overhaul of common property in an apartment building a credit, loan is provided and not returned, or there is a debt payable at the expense of the capital repairs fund for payment for the services rendered and (or) work performed on the overhaul of common property in an apartment building , a change in the method of forming the capital repair fund in relation to this apartment building is allowed subject to the full repayment of such debt.
3. If the formation of a capital repair fund is carried out on the account of a regional operator, in order to change the method of formation of the capital repair fund, the owners of premises in an apartment building must make a decision in accordance with part 4 of Article 170 of this Code.
4. The decision of the general meeting of owners of premises in an apartment building to change the method of forming the capital repair fund within five working days after the adoption of such a decision is sent to the owner of a special account to which contributions for the capital repairs of common property in such an apartment building are transferred, or to the regional operator, to account to which these payments are made.
5. The decision to terminate the formation of a capital repair fund on the account of a regional operator and the formation of a capital repair fund on a special account shall enter into force two years after the decision of the general meeting of owners of premises in an apartment building is sent to the regional operator in accordance with paragraph 4 of this article, if a shorter period not established by the law of the constituent entity of the Russian Federation, but not earlier than the occurrence of the condition specified in part 2 of this article. Within five days after the entry into force of this decision, the regional operator transfers the funds of the capital repairs fund to a special account.
6. The decision to terminate the formation of a capital repair fund on a special account and the formation of a capital repair fund on the account of a regional operator shall enter into force one month after the decision of the general meeting of owners of premises in an apartment building is sent to the owner of the special account in accordance with part 4 of this article, but not before the occurrence of the condition specified in paragraph 2 of this article. Within five days after the entry into force of the said decision, the owner of the special account transfers the funds of the capital repairs fund to the account of the regional operator.
Article 174
1. Funds from the Capital Repair Fund may be used to pay for services and (or) work on capital repairs of common property in an apartment building, development of project documentation (if the preparation of project documentation is necessary in accordance with the legislation on urban planning), payment for construction services. control, repayment of credits, loans received and used in order to pay for the specified services, works, as well as to pay interest for the use of such credits, loans, payment of expenses for obtaining guarantees and guarantees for such credits, loans. At the same time, at the expense of the overhaul fund, within the amount formed on the basis of the minimum contribution for overhaul established by the regulatory legal act of the constituent entity of the Russian Federation, only the work provided for by Part 1 of Article 166 of this Code and the work provided for by the law of the subject may be financed. Russian Federation, repayment of credits, loans received and used to pay for these works, and payment of interest for the use of these credits, loans.
2. If an apartment building is recognized as emergency and subject to demolition or reconstruction, the funds of the capital repair fund are used for the purpose of demolition or reconstruction of this apartment building in accordance with parts 10 and 11 of Article 32 of this Code by decision of the owners of premises in this apartment building, and in case of withdrawal for state or municipal needs of the land plot on which this apartment building is located, and, accordingly, the withdrawal of each residential premises in this apartment building, with the exception of residential premises owned by the Russian Federation, a constituent entity of the Russian Federation or a municipality, the funds of the capital repairs fund are distributed between the owners of premises in this multi-apartment building in proportion to the amount of contributions paid by them for capital repairs and contributions for capital repairs paid by the previous owners of the respective premises.
Chapter 16. FORMATION OF THE CAPITAL REPAIR FUND
ON A SPECIAL ACCOUNT
Article 175. Special account
1. A special account is opened with a bank in accordance with the Civil Code of the Russian Federation and the specifics established by this Code. Funds deposited into a special account shall be used for the purposes specified in Article 174 of this Code.
2. The owner of a special account may be:
1) an association of homeowners that manages an apartment building and has been established by the owners of premises in one apartment building or several apartment buildings, the number of apartments in which is not more than thirty in total, if these houses are located on land plots that, in accordance with those contained in the state real estate cadastre documents have a common border and within which there are networks of engineering and technical support, other infrastructure elements that are intended for joint use by owners of premises in these houses;
2) a housing cooperative or other specialized consumer cooperative that manages an apartment building.
3. The owners of premises in an apartment building have the right to decide on the choice of a regional operator as the owner of a special account.
4. The owners of premises in an apartment building have the right to form a capital repair fund on only one special account. On a special account, funds from the overhaul fund of owners of premises in only one apartment building can be accumulated.
5. The special account agreement is open-ended.
6. Funds held in a special account cannot be levied on the obligations of the owner of this account, with the exception of obligations arising from contracts concluded on the basis of decisions of the general meeting of owners of premises in an apartment building specified in clause 1.2 of part 2 of article 44 of this Code, as well as contracts for the provision of services and (or) the performance of work on the overhaul of common property in this apartment building, concluded on the basis of a decision of the general meeting of owners of premises in an apartment building to carry out a major overhaul or on another legal basis.
Article 176. Peculiarities of opening and closing a special account
1. A special account is opened in the name of the person specified in parts 2 and 3 of Article 175 of this Code, upon presentation of the decision of the general meeting of owners of premises in an apartment building, drawn up in minutes, adopted in accordance with clause 1.1 of part 2 of Article 44 of this Code, and other documents, prescribed by banking rules.
2. A special account may be opened with Russian credit institutions whose own funds (capital) amount to at least twenty billion rubles. The Central Bank of the Russian Federation quarterly publishes information on credit institutions that meet the requirements established by this part on its official website on the Internet.
3. The special account agreement may be terminated at the request of the owner of the special account if there is a decision of the general meeting of owners of premises in an apartment building, drawn up in the minutes, to change the method of forming the capital repair fund, to replace the owner of the special account or a credit institution, provided that there is no outstanding debt on the received in this a credit institution for a loan for the overhaul of common property in an apartment building.
4. The balance of funds upon closing a special account is transferred at the request of the owner of a special account:
1) to the account of the regional operator in case of a change in the method of formation of the capital repair fund;
2) to another special account in case of replacement of the owner of the special account or a credit institution based on the decision of the general meeting of owners of premises in the relevant apartment building.
5. The owner of a special account is obliged to submit an application to the bank to terminate the special account agreement and transfer the balance of funds within ten days after receiving the relevant decision of the general meeting of owners of premises in an apartment building. In the event that the owner of the special account does not terminate the agreement of the special account or does not submit an application for transferring the balance of funds on the special account to the account of the regional operator or another special account in accordance with the decision of the general meeting of owners of premises in an apartment building, within the period established of this part, any owner of premises in an apartment building, and in the case provided for in clause 1 of part 4 of this article, also a regional operator has the right to apply to the court for the recovery of funds on a special account of this apartment building, transferring them to another special account or to the account of the regional operator.
Article 177. Operations on a special account
1. The following operations can be performed on a special account:
1) write-off of funds related to settlements for services rendered and (or) work performed on the overhaul of common property in an apartment building and settlements for other services and (or) works specified in Part 1 of Article 174 of this Code;
2) writing off funds to repay credits, loans received to pay for services and (or) works specified in Part 1 of Article 174 of this Code, payment of interest for the use of such credits, loans, payment of expenses for obtaining guarantees and guarantees for such credits , loans;
3) in the event of a change of a special account, the transfer of funds held on this special account to another special account and crediting to this special account of funds debited from another special account, based on the decision of the owners of premises in an apartment building;
4) in the event of a change in the method of formation of the capital repair fund, the transfer of funds to the account of the regional operator and the crediting of funds received from the regional operator, based on the decision of the owners of premises in an apartment building;
5) crediting contributions for major repairs, accrual of interest for improper performance of the obligation to pay such contributions;
6) accrual of interest for the use of funds and write-off of commission in accordance with the terms of the special account agreement;
7) transfer of funds held on this special account in the cases provided for by paragraph 2 of Article 174 of this Code;
Other operations for debiting and crediting funds related to the formation and use of funds from the overhaul fund in accordance with this Code.
2. Operations on a special account that are not provided for by part 1 of this article are not allowed.
3. The bank, in accordance with the procedure established by this article, banking rules and the special account agreement, is obliged to ensure that the operations carried out on the special account comply with the requirements of this Code.
4. Operations to transfer funds from a special account may be carried out by a bank at the direction of the owner of a special account to persons providing services and (or) performing work on the overhaul of common property in an apartment building, upon submission of the following documents:
1) minutes of the general meeting of owners of premises in an apartment building, containing the decision of such a meeting on the provision of services and (or) on the performance of work on the overhaul of common property in an apartment building;
2) an agreement on the provision of services and (or) on the performance of work on the overhaul of common property in an apartment building;
3) an act of acceptance of the services rendered and (or) work performed under the contract specified in paragraph 2 of this part. Such an acceptance certificate is not provided in the event of an operation to pay an advance payment for the provision of services and (or) performance of work in the amount of not more than thirty percent of the cost of such services and (or) work under the contract specified in clause 2 of this part.
5. Operations to debit funds from a special account to repay loans, loans and to pay interest on loans, loans received for the overhaul of common property in an apartment building, can be carried out by the bank by order of the owner of the special account on the basis of:
1) minutes of the general meeting of owners of premises in an apartment building, containing the decision of such a meeting on the conclusion of a loan agreement, a loan agreement, respectively, with a bank, lender, indicating this bank, lender, the amount and purpose of the loan, loan;
2) credit agreement, loan agreement.
6. The bank refuses to execute the order of the owner of the special account on the performance of the relevant operation, in confirmation of which the documents specified in parts 4 and 5 of this article are not submitted.
7. The bank in which the special account is opened and the owner of the special account shall provide, at the request of any owner of premises in an apartment building, information on the amount of payments credited to the account of the owners of all premises in an apartment building, on the balance of funds on a special account, on all operations on this special account.
Chapter 17. FORMATION OF CAPITAL REPAIR FUNDS
REGIONAL OPERATOR. ACTIVITIES OF THE REGIONAL
OF THE OPERATOR FOR FINANCING THE MAJOR REPAIRS OF THE GENERAL
PROPERTY IN APARTMENT BUILDINGS
Article 178. Legal status of a regional operator
1. A regional operator is a legal entity established in the organizational and legal form of a fund.
2. A regional operator is created by a constituent entity of the Russian Federation, and it may create several regional operators, each of which operates on a part of the territory of such a constituent entity of the Russian Federation.
3. The activities of the regional operator are carried out in accordance with federal laws and other regulatory legal acts of the Russian Federation, taking into account the specifics established by this Code, laws adopted in accordance with it and other regulatory legal acts of the constituent entity of the Russian Federation.
4. The regional operator is not entitled to create branches and open representative offices, as well as create commercial and non-commercial organizations, participate in the authorized capital of business entities, property of other commercial and non-commercial organizations.
5. Losses inflicted on the owners of premises in multi-apartment buildings as a result of the regional operator's failure to perform or improper performance of its obligations arising from contracts concluded with such owners in accordance with this Code and the laws of the constituent entity of the Russian Federation adopted in accordance with it, are subject to compensation in the amount of the paid contributions for major repairs in accordance with civil law.
6. The subject of the Russian Federation bears subsidiary liability for non-fulfillment or improper fulfillment by the regional operator of obligations to the owners of premises in apartment buildings.
7. Methodological support for the activities of regional operators (including the development of guidelines for the creation of regional operators and ensuring their activities, recommended forms of reporting and the procedure for its submission) is carried out by the federal executive body that performs the functions of developing and implementing state policy and legal regulation in the field of socio-economic development of the constituent entities of the Russian Federation and municipalities, construction, architecture, urban planning (with the exception of state technical accounting and technical inventory of capital construction projects) and housing and communal services.
Article 179. Property of a regional operator
1. The property of a regional operator is formed at the expense of:
1) contributions of the founder;
2) payments by owners of premises in apartment buildings, forming capital repair funds on the account, accounts of the regional operator;
3) other sources not prohibited by law.
2. The property of a regional operator is used to perform its functions in the manner prescribed by this Code and other regulatory legal acts of the Russian Federation and adopted in accordance with this Code by the law of the subject of the Russian Federation and other regulatory legal acts of the subject of the Russian Federation.
3. Funds received by the regional operator from the owners of premises in multi-apartment buildings that form capital repair funds on the account, accounts of the regional operator, can only be used to finance the cost of capital repairs of common property in these multi-apartment buildings. The use of these funds for other purposes, including the payment of administrative and economic expenses of the regional operator, is not allowed.
4. Funds received by the regional operator from the owners of premises in one multi-apartment buildings, which form capital repair funds on the account, accounts of the regional operator, can be used on a repayable basis to finance the overhaul of common property in other apartment buildings, the owners of premises in which also form funds overhaul on the account, accounts of the same regional operator. At the same time, the law of the subject of the Russian Federation may establish that such use of funds is allowed only if the said apartment buildings are located on the territory of a particular municipality or on the territories of several municipalities.
Article 180. Functions of a regional operator
1. The functions of the regional operator are:
1) accumulation of capital repairs contributions paid by the owners of premises in apartment buildings, in respect of which capital repairs funds are formed on the account, accounts of the regional operator;
2) opening special accounts in their own name and making transactions on these accounts if the owners of premises in an apartment building at a general meeting of owners of premises in an apartment building have chosen a regional operator as the owner of a special account. The regional operator is not entitled to refuse the owners of premises in an apartment building to open such an account in his name;
3) implementation of the functions of a technical customer of work on the overhaul of common property in apartment buildings, the owners of premises in which form overhaul funds on the account, accounts of the regional operator;
4) financing of expenses for the overhaul of common property in apartment buildings, the owners of premises in which form capital overhaul funds on the account, accounts of the regional operator, within the funds of these capital overhaul funds, with the involvement, if necessary, of funds received from other sources, including from the budget of the subject of the Russian Federation and (or) the local budget;
5) interaction with state authorities of the subject of the Russian Federation and local governments in order to ensure timely overhaul of common property in apartment buildings, the owners of premises in which form capital repair funds on the account, accounts of the regional operator;
6) other functions provided for by this Code, the law of the subject of the Russian Federation and the constituent documents of the regional operator.
2. The procedure for the performance by a regional operator of its functions, including the procedure for financing the overhaul of common property in apartment buildings, carried out by it, is established by the law of the subject of the Russian Federation.
Article 181. Formation of capital repair funds on the account of a regional operator
1. Owners of premises in an apartment building who have made a decision to form a capital repair fund on the account of a regional operator, as well as owners of premises in an apartment building who have not made a decision on the method of forming a capital repair fund, in the case provided for by Part 7 of Article 170 of this Code, are obliged conclude an agreement with the regional operator on the formation of a capital repair fund and on the organization of a major overhaul in the manner prescribed by Article 445 Civil Code Russian Federation. At the same time, the owners of premises in this apartment building, having more than fifty percent of the votes from total number votes of the owners of the premises in this apartment building, act as one side of the contract being concluded.
2. Under an agreement on the formation of a capital repair fund and on the organization of a major repair, the owner of the premises in an apartment building on a monthly basis, within the time limits and in full, established in accordance with Article 171 of this Code, undertakes to make contributions to the account of the regional operator for capital repairs, and the regional operator undertakes ensure the overhaul of the common property in this apartment building within the time frame determined by the regional capital repair program, financing of such a major overhaul and, in the cases provided for by this Code, transfer funds in the amount of the capital repair fund to a special account or pay cash to the owners of the premises in the apartment building funds corresponding to the shares of such owners in the capital repair fund.
3. In the cases provided for by Part 7 of Article 170 of this Code, the regional operator, within ten days after the decision by the local government body to form a capital repair fund in relation to an apartment building, on the account of the regional operator, must send to the owners of premises in this apartment building and (or) to persons managing this apartment building, a draft agreement on the formation of a capital repair fund and on the organization of capital repairs of common property in this apartment building.
4. If prior to the deadline set by the regional overhaul program for the overhaul of common property in an apartment building, individual work was completed on the overhaul of common property in this apartment building, provided for by the regional overhaul program, payment for these works was carried out without the use of budgetary funds. funds and funds of the regional operator, and at the same time, in order to establish the need for a major overhaul of common property in an apartment building, re-performance of these works within the time period established by the regional overhaul program is not required, funds in an amount equal to the cost of these works, but not more than the amount the marginal cost of these works, determined in accordance with Part 4 of Article 190 of this Code, shall be counted in the manner established by the law of the subject of the Russian Federation, towards the fulfillment for the future period of obligations to pay contributions for overhaul by the owners of premises in apartment buildings, forming capital repair funds on the account, accounts of the regional operator.
Article 182
1. The regional operator shall ensure the overhaul of the common property in an apartment building, the owners of the premises in which form the overhaul fund on the account of the regional operator, in the amount and within the time frame provided for by the regional capital overhaul program, and financing the overhaul of the common property in the apartment building, including in case of insufficiency of the funds of the capital repair fund, at the expense of funds received from payments from owners of premises in other apartment buildings that form capital repair funds on the account, accounts of the regional operator, at the expense of subsidies received from the budget of the constituent entity of the Russian Federation and (or ) local budget.
2. In order to ensure the performance of work on the overhaul of common property in an apartment building, the regional operator is obliged to:
1) within the timeframes provided for by Part 3 of Article 189 of this Code, prepare and send to the owners of premises in an apartment building proposals on the start date for the overhaul, the required list and the scope of services and (or) works, their cost, on the procedure and on the sources of financing of the capital repair of common property in an apartment building and other proposals related to such a major overhaul;
2) ensure the preparation of a task for the provision of services and (or) the performance of major repairs and, if necessary, the preparation of project documentation for major repairs, approve the project documentation, be responsible for its quality and compliance with the requirements of technical regulations, standards and other regulatory documents;
3) engage contractors to provide services and (or) perform major repairs, conclude relevant contracts with them on their own behalf;
4) control the quality and timing of the provision of services and (or) performance of work by contractors and the compliance of such services and (or) works with the requirements of project documentation;
5) carry out acceptance of the work performed;
6) bear other obligations stipulated by the agreement on the formation of the overhaul fund and on the organization of the overhaul.
3. To perform work that requires a certificate of admission to work issued by a self-regulatory organization that affects the safety of capital construction facilities, the regional operator is obliged to involve an individual entrepreneur in the performance of such work or entity who have the appropriate certificate of admission to such work.
4. The law of a constituent entity of the Russian Federation may provide for cases in which the functions of a technical customer for capital repairs of common property in apartment buildings, the owners of premises in which form capital repairs funds on the account, accounts of the regional operator, can be carried out by local governments and (or) municipal budget institutions based on the relevant agreement concluded with the regional operator.
5. The procedure for the involvement of a regional operator, including in the cases provided for by Part 3 of this article, by local governments, municipal budgetary institutions of contractors for the provision of services and (or) the performance of work on the overhaul of common property in an apartment building is established by the subject of the Russian Federation.
6. The regional operator to the owners of premises in an apartment building who form a capital repair fund on the account of a regional operator is liable for non-fulfillment or improper fulfillment of obligations under the agreement on the formation of a capital repair fund and on the organization of capital repairs, as well as for the consequences of non-fulfillment or improper fulfillment obligations for overhaul by contractors engaged by the regional operator.
7. Reimbursement to the regional operator of funds spent on capital repairs of common property in an apartment building in an amount exceeding the amount of the capital repairs fund is carried out at the expense of subsequent contributions for capital repairs of the owners of premises in this apartment building.
Article 183. Accounting for capital repairs by a regional operator
1. The regional operator keeps records of the funds received on the account, the account of the regional operator in the form of contributions for the overhaul of the owners of premises in apartment buildings, which form the overhaul funds on the account, accounts of the regional operator (hereinafter referred to as the capital repair fund accounting system). Such accounting is kept separately in relation to the funds of each owner of premises in an apartment building. Such records may be maintained electronically.
2. The accounting system for capital repairs funds includes, in particular, information on:
1) the amount of accrued and paid contributions for capital repairs by each owner of premises in an apartment building, debts for their payment, as well as the amount of interest paid;
2) the amount of funds allocated by the regional operator for the overhaul of common property in an apartment building, including the amount of the provided installment payment for services and (or) work on the overhaul of common property in an apartment building;
3) the amount of debt for the services rendered and (or) work performed on the overhaul of common property in an apartment building.
3. The regional operator, upon request, provides the information provided for in paragraph 2 of this article to the owners of premises in an apartment building, as well as to the person responsible for managing this apartment building (homeowners association, housing cooperative or other specialized consumer cooperative, managing organization), and when direct management of an apartment building by the owners of premises in this apartment building to a person specified in paragraph 3 of Article 164 of this Code.
Article 184
If an apartment building is recognized as emergency and subject to demolition or reconstruction, the regional operator is obliged to allocate funds from the capital repair fund for the purpose of demolition or reconstruction of this apartment building in accordance with parts 10 and 11 of Article 32 of this Code based on the decision of the owners of the premises in this apartment building to demolish it or reconstruction in the manner prescribed by the regulatory legal act of the constituent entity of the Russian Federation. In case of withdrawal for state or municipal needs of the land plot on which an apartment building is located, and, accordingly, the withdrawal of each residential premises in this apartment building, with the exception of residential premises owned by the Russian Federation, a constituent entity of the Russian Federation or a municipality, the regional operator in in the manner established by the regulatory legal act of the subject of the Russian Federation, is obliged to pay the capital repair fund to the owners of premises in this apartment building in proportion to the amount of contributions paid by them for capital repairs and the amounts of these contributions paid by the previous owners of the relevant premises in this apartment building. At the same time, the owners of premises in an apartment building retain the right to receive the redemption price for the withdrawn residential premises and other rights provided for by Article 32 of this Code.
Article 185
1. The requirements for ensuring the financial stability of the activities of a regional operator are established by this article and the law of the subject of the Russian Federation.
2. The amount of funds that the regional operator is entitled to spend annually to finance the regional capital repair program (the amount of funds provided at the expense of capital repair funds formed by the owners of premises in apartment buildings, the common property in which is subject to major repairs in the future period) is determined as share of the amount of contributions for capital repairs received by the regional operator for the previous year. In this case, the size of the specified share is established by the law of the subject of the Russian Federation.
3. Additional requirements for ensuring the financial stability of the activities of a regional operator may be established by the law of a constituent entity of the Russian Federation.
Article 186. Control over the activities of a regional operator
1. Control over the compliance of the activities of the regional operator with the established requirements is carried out by the authorized executive body of the subject of the Russian Federation in the manner established by the highest executive body of state power of the subject of the Russian Federation.
2. The federal executive body exercising the functions of control and supervision in the financial and budgetary sphere, in the manner established by the Government of the Russian Federation:
1) exercise control over the use by the regional operator of funds received as state support, municipal support for capital repairs, as well as funds received from owners of premises in apartment buildings that form capital repair funds on the account, accounts of the regional operator;
2) sends to the regional operator submissions and (or) instructions to eliminate the identified violations of the requirements of the legislation of the Russian Federation.
3. Bodies of state financial control of the subjects of the Russian Federation and bodies of municipal financial control of municipalities, the Accounts Chamber of the Russian Federation, control and accounting and financial bodies of the subjects of the Russian Federation and municipalities exercise financial control over the use by the regional operator of the funds of the relevant budgets in the manner established by the budget legislation Russian Federation.
Article 187. Reporting and audit of a regional operator
2. The adoption of a decision to conduct an audit, approval of an agreement with an audit organization (auditor) are carried out in the manner established by the regulatory legal act of the constituent entity of the Russian Federation, as well as the constituent documents of the regional operator. Payment for the services of an audit organization (auditor) is carried out at the expense of the regional operator, with the exception of funds received in the form of payments from owners of premises in apartment buildings that form capital repair funds on the account, accounts of the regional operator.
3. The regional operator, no later than five days from the date of submission of the audit report by the audit organization (auditor), is obliged to send a copy of the audit report to the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of socio-economic development constituent entities of the Russian Federation and municipalities, construction, architecture, urban planning (with the exception of state technical accounting and technical inventory of capital construction projects) and housing and communal services, and a supervisory authority.
4. The annual report of the regional operator and the auditor's report are posted on the website in the information and telecommunications network "Internet", taking into account the requirements of the legislation of the Russian Federation on state secrets, commercial secrets in the manner and within the time limits established by the regulatory legal act of the constituent entity of the Russian Federation.
IN AN APARTMENT BUILDING
Article 189
1. The overhaul of common property in an apartment building is carried out on the basis of a decision of the general meeting of owners of premises in an apartment building, with the exception of cases provided for by paragraph 6 of this article.
2. The owners of premises in an apartment building at any time have the right to make a decision to carry out a major overhaul of common property in an apartment building at the suggestion of a person who manages an apartment building or provides services and (or) performs work on the maintenance and repair of common property in an apartment building, regional operator or on their own initiative.
3. At least six months (unless a different period is established by a regulatory legal act of a constituent entity of the Russian Federation) before the start of the year during which a major overhaul of the common property in an apartment building must be carried out in accordance with the regional overhaul program, the person who manages apartment building or the provision of services and (or) the performance of work on the maintenance and repair of common property in an apartment building, or the regional operator (in the event that the owners of premises in an apartment building form a capital repair fund on the account of a regional operator) submits proposals to such owners on the start date overhaul, the necessary list and the scope of services and (or) works, their cost, the procedure and sources of financing for the overhaul of common property in an apartment building and other proposals related to such a major overhaul.
4. The owners of premises in an apartment building, no later than three months from the date of receipt of the proposals specified in Part 3 of this Article (unless a longer period is established by a regulatory legal act of a constituent entity of the Russian Federation), are obliged to consider these proposals and take a decision at the general meeting in in accordance with paragraph 5 of this article.
5. By decision of the general meeting of owners of premises in an apartment building on the overhaul of common property in this apartment building, the following must be determined or approved:
1) a list of major repairs;
2) cost estimate for major repairs;
3) the timing of the overhaul;
4) sources of financing for capital repairs.
6. If, within the period specified in paragraph 4 of this article, the owners of premises in an apartment building, forming a capital repair fund on the account of a regional operator, have not made a decision to carry out a major overhaul of the common property in this apartment building, the local government body makes a decision on carrying out such a major overhaul in accordance with the regional overhaul program and the proposals of the regional operator.
7. In the event that the overhaul of common property in an apartment building, the owners of the premises in which form a capital overhaul fund on a special account, is not carried out within the time period provided for by the regional overhaul program, and at the same time, in accordance with the procedure for establishing the need for a major overhaul of the general property in an apartment building requires the performance of any type of work provided for this apartment building by the regional capital repair program, the local government decides on the formation of a capital repair fund on the account of the regional operator and sends such a decision to the owner of the special account. The owner of a special account is obliged to transfer the funds on the special account to the account of the regional operator within one month from the date of receipt of such a decision by the local government. The decision to overhaul the common property in this apartment building is made in accordance with parts 3-6 of this article. If the owner of the special account did not transfer the funds on the special account to the account of the regional operator within the period established by this part, the regional operator, any owner of premises in an apartment building, the local government body has the right to apply to the court for the recovery of funds, located on a special account, with their transfer to the account of the regional operator.
Article 190
1. The regional operator provides financing for the overhaul of common property in an apartment building, the owners of the premises in which form a capital overhaul fund on the account of the regional operator.
2. The basis for the transfer by the regional operator of funds under a contract for the provision of services and (or) performance of work on the overhaul of common property in an apartment building is an act of acceptance of the work performed (except for the case specified in part 3 of this article). Such an acceptance act must be agreed with the local government, as well as with a person who is authorized to act on behalf of the owners of premises in an apartment building (in the event that the overhaul of common property in an apartment building is carried out on the basis of a decision of the owners of premises in this apartment building).
3. The regional operator may pay as an advance no more than thirty percent of the cost of the relevant type of work on the overhaul of common property in an apartment building, including work on the development of project documentation or certain types of work on the overhaul of common property in an apartment building.
4. The amount of the marginal cost of services and (or) work on capital repairs of common property in an apartment building, which can be paid by the regional operator at the expense of the capital repairs fund, formed on the basis of the minimum contribution for capital repairs, is determined by the regulatory legal act of the constituent entity of the Russian Federation. Exceeding this marginal cost, as well as payment for services and (or) works not specified in Part 1 of Article 166 of this Code and a regulatory legal act of a constituent entity of the Russian Federation adopted in accordance with Part 2 of Article 166 of this Code, is carried out at the expense of the owners of premises in apartment building, paid as a capital repair contribution in excess of the minimum capital repair contribution.
Article 191
1. Funding for the overhaul of common property in multi-apartment buildings may be carried out using financial support measures provided to homeowners associations, housing, housing construction cooperatives or other specialized consumer cooperatives established in accordance with the Housing Code of the Russian Federation, management organizations, regional operators at the expense of the federal budget, the budget of the constituent entity of the Russian Federation, the local budget in the manner and on the terms provided for, respectively, by federal laws, laws of the constituent entities of the Russian Federation, municipal legal acts.
2. Measures of state support, municipal support for capital repairs within the framework of the implementation of regional programs for capital repairs are provided regardless of the method used by the owners of premises in an apartment building to form a capital repair fund.
Subparagraph 61 of paragraph 2 of Article 26.3 Federal Law of October 6, 1999 N 184-FZ "On general principles organizations of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation” (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 1999, No. 42, Art. 5005; 2003, No. 27, Art. 2709; 2005, No. 1, Art. 17, 25; 2006 , N 1, item 10; N 23, item 2380; N 30, item 3287; N 31, item 3452; N 44, item 4537; N 50, item 5279; 2007, N 1, item 21; N 13, item 1464; N 21, item 2455; N 30, item 3747, 3805, 3808; N 43, item 5084; N 46, item 5553; 2008, N 29, item 3418; No. 30, article 3613, 3616; No. 48, article 5516; No. 52, article 6236; 2009, No. 48, article 5711; No. 51, article 6163; 2010, No. 15, article 1736; No. 31 , item 4160; N 41, item 5190; N 46, item 5918; N 47, item 6030, 6031; N 49, item 6409; N 52, item 6984; 2011, N 17, item 2310 ; N 27, item 3881; N 29, item 4283; N 30, item 4572, 4590, 4594; N 48, item 6727, 6732; N 49, item 7039, 7042; N 50, item 7359 ; 2012, N 10, items 1158, 1163; N 18, item 2126; N 31, item 4326; Russian newspaper, 2012, December 7) add the words "regulating relations in the field of ensuring the overhaul of common property in apartment buildings."
1) subparagraph 30 of paragraph 3 of Article 149 add the words ", the implementation of works (services) to perform the functions of a technical customer for the overhaul of common property in apartment buildings, performed (provided) by specialized non-profit organizations that carry out activities aimed at ensuring the overhaul of common property in apartment buildings, and created in accordance with the Housing Code of the Russian Federation, as well as local governments and (or) municipal budgetary institutions in cases provided for by the Housing Code of the Russian Federation”;
2) Paragraph 3 of Article 162 shall be stated as follows:
“3. The tax base does not include:
1) funds received by managing organizations, homeowners' associations, housing construction, housing or other specialized consumer cooperatives established to meet the needs of citizens in housing and responsible for maintaining in-house engineering systems, with the use of which utility services are provided, for the formation of a reserve to carry out current and major repairs of common property in apartment buildings, including the formation of funds for the overhaul of common property in apartment buildings;
2) funds received by specialized non-profit organizations that carry out activities aimed at ensuring the overhaul of common property in apartment buildings, and created in accordance with the Housing Code of the Russian Federation, to form funds for the overhaul of common property in apartment buildings.
3) in subparagraph 14 of paragraph 1 of Article 251:
a) add a new paragraph six of the following content:
"in the form of budgetary funds allocated for equity financing of the overhaul of common property in apartment buildings in accordance with the Housing Code of the Russian Federation to homeowners' associations, housing, housing construction cooperatives or other specialized consumer cooperatives established and managing apartment buildings in accordance with Housing Code of the Russian Federation, managing organizations, as well as in the direct management of apartment buildings by owners of premises in such buildings - managing organizations that provide services and (or) perform work on the maintenance and repair of common property in such houses; ”;
b) paragraphs six - twentieth to be considered paragraphs seven - twenty-first, respectively;
in) paragraph twenty one consider paragraph twenty-two and after the words "managing organizations" add the words ", as well as to the accounts of specialized non-profit organizations that carry out activities aimed at ensuring the overhaul of common property in apartment buildings, and created in accordance with the Housing Code of the Russian Federation, ". Fraud in shared construction In the real estate under construction market, […]
Internet - Community "Protection of consumers in the field of housing and communal services", "Socialism in an updated form", "Lawlessness in prosecutor's offices and police departments", social network Maxpark (hereinafter - the Communities), independent of criminal structures, acting in the interests of all Russians, in order to restore constitutionality, legality and justice on the territory of Russia, appeals to the President of Russia, V.V. Putin as the guarantor of the Constitution of the Russian Federation.
Article 3. The bearer of sovereignty and the only source of power in the Russian Federation is its multinational people.
2. The people exercise their power directly, as well as through state authorities and local self-government bodies.
Communities demand to cancel the anti-people Federal Law of December 25, 2012 N 271-FZ "On Amending the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation and Recognizing Certain Provisions of Legislative Acts of the Russian Federation as Invalid" (Further - Law "On capital repairs of apartment buildings"), entered into force on 01.01.2013
The abolition of anti-people laws that contradict the Main Law of the country, namely, the Constitution of the Russian Federation, should be carried out by the legal department of the Presidential Administration or the Chief Prosecutor of the Russian Federation, and not by ordinary citizens of Russia. In order to abolish anti-people laws, deliberately aimed only at robbing the people, but not for replenishing the country's budget, a legal opinion drawn up by competent officials is necessary.
If the federal government, headed by the President of Russia and the Prosecutor General of the Russian Federation, refuses to perform the functions of governing the state in the interests of the people, therefore, it is necessary to resign along with the Cabinet of the Government of the Russian Federation.
On the this moment When the country is in danger and is on the brink of an abyss, when the country is in a deep political and economic crisis, from which the authorities are not able to get out with minimal losses, one must turn to the philosophy of Socrates. Those who do not understand his philosophy are not allowed to managerial functions.
The Law on Capital Repairs has a serious corruption component, which is deliberately legitimized for fraud with trillions of rubles in order to enrich a small group of the bureaucracy.
The federal government did not publicly answer the main question: “Who actually owns the entire housing stock in Russia, that is, which owner owns the housing stock? On the basis of what documents and from what date was the transfer of the entire housing stock to private hands formalized?
The law "On the overhaul of apartment buildings" only provides for a quitrent for the population, which obliges the bureaucracy to provide not just a comfortable, but the most luxurious life with complete inactivity.
Contributions for overhaul have long been included in the tariffs for the maintenance and repair of housing, which the federal government is obliged to work out in order to have a uniform measurement throughout Russia.
Overhaul of apartment buildings is carried out once every 15-30 years, depending on the deterioration of engineering systems and depending on depreciation, which no one has canceled.
Capital repairs should be carried out by the state specialized management on the basis of planned developments, and not on the basis of some kind of road maps that are beneficial only to recipients of funds through kickbacks with complete inactivity.
There is no vertical of power, no State Planning Commission, no sources to replenish the country's budget. The country is in a deep crisis, a country on the brink of an abyss, close to dismemberment into specific principalities.
When performing repair, capital works, prices for materials, for certain types works, services are overestimated by 2-3 times, deliberately increasing the estimate of performance and work performed. This deception has been proven in practice.
And the assertion that migrants are a cheap force in Russia is not true. It is migrants who raise prices to fabulous sums.
There is no information about the federal fund for the overhaul. Partially, information began to appear only about regional funds for overhaul.
The perfect scheme for corruption.
Funds for overhaul are not a state specialized construction organization that can independently carry out repair and construction work. Funds are essentially charitable organizations that provide assistance only to selected people. This means that major repairs will be carried out only on paper, carrying out with impunity theft of funds intended for the major repairs of apartment buildings.
In fact, the scam of the 21st century, aimed at robbing the people in order to enrich the bureaucracy, is legalized at the federal level.
Under the wild capitalist system, supervisory control of legal entities, including various non-profit foundations, has been abolished. The expenditure of money collected by regional operators, allegedly for the overhaul of apartment buildings, will not be supervised by anyone.
Regional operators are exempted from the tax burden, and, in fact, control their own work. The amount of monthly payments to the fund is set at the regional level, and the powers of the regions have the possibility of their infinite increase by law.
Among other things, the funds collected during the year cannot be spent in full, but only a fixed percentage.
Who will receive dividends from the use of the remaining funds is clear.
The adopted Law on Overhaul obliges the owner of the premises in the MKD to pay only for the overhaul of the house, not being able to influence either the timing of the repair, or the choice of objects, or the quality of the work performed.
Overhaul of apartment buildings is not carried out every year, but is carried out once every 15-30 years, and during the accumulation period, even with low inflation, the funds will depreciate in the same way as it happened with the accumulated funds for capital repairs before the adoption of the new Housing Code of the Russian Federation.
Article 16 The Law on Privatization obliges the state, as a former landlord, to carry out major repairs in those houses in which major repairs were not carried out before privatization.
But the transfer of the right of state property, housing stock to private hands has not yet been established. Until now, not a single document of title has recorded the condition of apartment buildings, the deterioration of the housing stock.
The multi-apartment housing stock is 3.2 million buildings with a total area of 2.237 million sq.m.
53% of the housing stock are privately owned apartments. The need for a comprehensive overhaul is experienced by 93-96% of the country's multi-apartment buildings with an average service life of at least 25 years.
The overhaul and modernization of the country's housing stock requires large-scale public investments, the source of which should be payments from residents of apartment buildings, calculated on the basis of scientific methodology, taking into account the coefficients of resource losses during transmission to the destination by specialists from research institutes, and not by any leaders of partnerships homeowners.
The accumulated debt of the Russian and earlier Soviet state for the overhaul of MKD for previous years of management is forgotten.
Article 16 The current version of the Federal Law "On the Privatization of the Housing Stock in the Russian Federation" guarantees the owners of premises that the state fulfills its obligation to transfer the MKD in a repaired form during privatization. And this duty remains until it is fulfilled:
"Article 16 Privatization of residential premises occupied by citizens in houses requiring major repairs shall be carried out in accordance with this Law. At the same time, the former landlord retains the obligation to overhaul the house in accordance with the standards for the maintenance, operation and repair of the housing stock.
In conditions of undefeated inflation, all accumulative payment systems for housing and communal services in commercial liability are fraudulent and thieves, aimed only at personal enrichment.
We have already gone through the depreciation of funds under Gaidar.
Let's ask ourselves the question: Why did it take to pay for major repairs at all on a separate line if the amount for overhaul is included in the tariff for the maintenance and repair of housing?
AT Soviet time When all housing was state-owned and was on the balance sheet of enterprises and collective farms, cities, there was no question of who should repair houses.
Capital repairs were carried out by those who had residential buildings on their balance sheet.
But in our time it is impossible to establish a balance holder for residential buildings. And capital repairs funds are not able to carry out major repairs due to their inefficiency. Overhauls are only possible for specialized state construction and installation organizations, whose prices for materials and work are cheaper than those of commercial ones. The goal of commercial organizations is maximum profit at minimum cost and cheap power. The quality of the work performed is reduced to a minimum for various reasons, the main of which is the short-term performance of work with maximum income.
The results of the privatization of enterprises show what destruction their privatization has led to. All income from not destroyed plants and factories went into the pocket of a private trader, and the state systematically began to abandon its responsibilities for the maintenance of the national economy, showing its incapacity.
They are now trying to do the same with the housing stock, trying to secretly transfer it to the overhaul funds, completely refusing to from duties maintenance of the housing stock. In the end, we will get vacated land for building shopping centers for foreign investment.
From now on citizens are required to pay for life for ephemeral services for the overhaul of the house.
In terms of payment of receipts for overhaul, the principle prevails:
“At the same time, the owners of the premises in this apartment building, having more than fifty percent of the votes of the total number of votes of the owners of the premises in this apartment building, act as one party to the contract being concluded.”
This means that even if the owner of the apartment is not going to conclude an agreement with a regional operator, does not want to pay on the first receipt, but half of the residents of his house have already paid, then the contract for him is again automatically concluded, and he himself is considered a debtor.
It's that simple. Fortunately, our citizens are not as stupid as the authorities think together with the deputies of the State Duma.
Anticipating the mood of citizens and their protests, the authorities, together with the deputies, provided the regional operator in the contract to make a reservation that he has the right "to apply to the court with a demand for compulsion to conclude the Contract, if the Owner evades from its conclusion."
It will be interesting to see how the state will sue 97% of citizens who did not want to pay new fees, a new dues for officials.
The authorities intend to deprive citizens of the last thing, namely the roof over their heads, which is a necessary attribute for human existence.
The state, as before, cares only about the oligarchy, the policy of power is openly class-based.
Officials will find a way to oblige citizens to pay their bills, however, if the people unite and oppose the anti-people law on overhaul, then the authorities will no longer be up to the abolition of the anti-people law on overhaul. The authorities will have to think about their escape abroad.
We should not forget that our country is on the brink of an abyss and in a deep crisis in all areas, in which corruption has flourished at all levels of government, and elements of the criminal world are robbing the population in all spheres of financial and economic activity, especially in the field of housing and communal services. economy.
This state of affairs has a very negative impact on the security of the country as a whole.
All over Russia, there is an open, undisguised, legalized robbery of the population under a plausible pretext, allegedly, the collection of debts for housing and communal services and contributions for major repairs, as well as in other economic areas.
The patience of the people is not unlimited.Solution
Contribution for overhaul is included in the tariff for the maintenance and repair of housing. The authorities oblige to pay the overhaul fee twice, but only to different contractors. Such an action can be regarded as deliberate extortion from citizens of the Russian Federation for the purpose of personal gain by certain groups of the bureaucracy.
The abolition of this anti-people law will lead to justice, to the restoration of respect for the authorities.
Expected Result
The abolition of the anti-people law "On overhaul" should lead to the fact that citizens pay for overhaul as part of the tariff for the maintenance and repair of housing once, which should be the same throughout Russia, which should be established by the Federal Tariff Service based on scientific methodology, and not low-skilled employees of managing organizations, homeowners associations.
Article 1
Include in the Federal Law of July 21, 1997 N 116-FZ "On Industrial Safety of Hazardous Production Facilities" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 1997, N 30, Art. 3588; 2000, N 33, Art. 3348; 2003, N 2, 167; 2004, N 35, item 3607; 2005, N 19, item 1752; 2006, N 52, item 5498; 2009, N 1, item 17, 21; N 52, item 6450; 2010 , N 30, item 4002; N 31, item 4195, 4196; 2011, N 27, item 3380; N 30, item 4590, 4591, 4596; N 49, item 7015; 2012, N 26, item 3446; 2013, N 9, item 874; N 27, item 3478; 2016, N 27, item 4216) the following changes:
1) in the first paragraph of clause 1 of Article 6, the words "; training and retraining of employees of a hazardous production facility in non-educational institutions" shall be excluded;
2) in Article 9:
a) paragraph nine of clause 1 shall be supplemented with the words "in the cases established by this Federal Law";
b) the seventh paragraph of clause 2 shall be recognized as invalid;
3) supplement Article 14 1 with the following content:
"Article 14 1 . Training and certification of workers in the field of industrial safety
1. Employees, including heads of organizations engaged in professional activities related to the design, construction, operation, reconstruction, overhaul, technical re-equipment, conservation and liquidation of a hazardous production facility, as well as the manufacture, installation, adjustment, maintenance and repair of technical devices used at a hazardous production facility (hereinafter referred to as employees), in order to maintain the level of qualification and confirm knowledge of industrial safety requirements, they are required to receive additional professional education in the field of industrial safety at least once every five years and undergo certification in the field of industrial safety. The categories of such employees are determined by the Government of the Russian Federation.
2. Training of other categories of workers in the field of industrial safety is carried out in accordance with the requirements for such workers, established by federal norms and rules in the field of industrial safety. The forms of this training are determined by the organization operating the hazardous production facility.
3. Primary certification of workers in the field of industrial safety is carried out no later than one month:
4. Extraordinary certification of workers in the field of industrial safety is carried out in cases determined by the Government of the Russian Federation.
5. Certification of employees in the field of industrial safety is carried out in the scope of industrial safety requirements necessary for the performance of their job duties.
When attesting employees in the field of industrial safety, the knowledge of industrial safety requirements is checked in accordance with the areas of certification determined by the federal executive body in the field of industrial safety.
6. Attestation of employees in the field of industrial safety is carried out by attestation commissions formed by federal executive authorities in the field of industrial safety, or by attestation commissions formed by organizations operating in the field of industrial safety.
7. The categories of employees undergoing certification in the field of industrial safety in the certification commissions formed by the federal executive authorities in the field of industrial safety are determined by the Government of the Russian Federation.
8. If an attestation commission has not been formed in an organization carrying out activities in the field of industrial safety, the attestation of employees in the field of industrial safety is carried out by an attestation commission formed by the relevant federal executive body in the field of industrial safety.
9. The procedure for certification in the field of industrial safety is established by the Government of the Russian Federation.
10. Employees who have not passed certification in the field of industrial safety are not allowed to work at hazardous production facilities.
Employees who have not passed certification in the field of industrial safety have the right to appeal against the decisions of the relevant certification commission in court in accordance with the legislation of the Russian Federation.".
Article 2
Include in the Federal Law of July 21, 1997 N 117-FZ "On the Safety of Hydraulic Structures" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1997, N 30, Art. 3589; 2003, N 2, Art. 167; 2004, N 35, Art. 3607; 2006, N 52, item 5498; 2008, N 29, item 3418; 2009, N 52, item 6450; 2010, N 31, item 4195; 2011, N 30, item 4590; N 49, 7015; 2013, N9, item 874; N 52, item 7010; 2016, N 27, item 4188) the following changes:
1) Article 4 shall be supplemented with the following paragraph:
"establishes the procedure for conducting certification on the safety of hydraulic structures, the categories of employees undergoing such certification, the cases of extraordinary certification and the categories of employees undergoing certification in certification commissions formed by federal executive bodies.";
2) Part one of Article 9 shall be supplemented with a paragraph as follows:
"to ensure the certification of employees on the safety of hydraulic structures in cases provided for by this Federal Law.";
3) supplement Article 9 1 with the following content:
"Article 9 1 . Certification of employees on the safety of hydraulic structures
Employees, including heads of organizations engaged in professional activities related to the design, construction, overhaul, operation, reconstruction, conservation and liquidation, as well as maintenance, operational control and current repairs of hydraulic structures (hereinafter referred to as employees), in order to confirm knowledge of the mandatory requirements for ensuring the safety of hydraulic structures are required to pass at least once every five years attestation on the safety of hydraulic structures. The categories of such employees are determined by the Government of the Russian Federation.
Certification of employees on the safety of hydraulic structures is carried out in the scope of the requirements for ensuring the safety of hydraulic structures necessary for the performance of their job duties.
The primary certification of employees on the safety of hydraulic structures is carried out no later than one month:
upon appointment to the relevant position;
when transferring to another job, if the performance of labor duties at this job requires attestation in other areas of attestation;
at the conclusion employment contract with another employer, if the performance of labor duties at this job requires certification in other areas of certification.
Extraordinary certification of employees on safety issues of hydraulic structures is carried out in cases determined by the Government of the Russian Federation.
During the certification of employees on the safety of hydraulic structures, knowledge of the mandatory requirements for ensuring the safety of hydraulic structures is checked in accordance with the areas of certification determined by the federal executive bodies authorized by the Government of the Russian Federation.
Certification of employees on the safety of hydraulic structures is carried out by certification commissions formed by federal executive bodies authorized by the Government of the Russian Federation, or by certification commissions formed by organizations engaged in design, construction, overhaul, operation, reconstruction, conservation and liquidation, as well as technical maintenance, operational control and current repair of hydraulic structures.
The categories of employees undergoing certification on the safety of hydraulic structures in certification commissions formed by federal executive bodies are determined by the Government of the Russian Federation.
If an attestation commission has not been formed in the specified organization, the attestation of employees on safety issues of hydraulic structures is carried out by an attestation commission formed by the relevant federal executive body.
The procedure for conducting attestation on the safety of hydraulic structures is established by the Government of the Russian Federation.
Employees who have not passed certification on the safety of hydraulic structures are not allowed to work on hydraulic structures.
Employees who have not passed certification on the safety of hydraulic structures have the right to appeal against the decisions of the relevant certification commission in court in accordance with the legislation of the Russian Federation.".
Article 3
Include in the Federal Law of March 26, 2003 N 35-FZ "On the Electric Power Industry" (Collected Legislation of the Russian Federation, 2003, N 13, Art. 1177; 2004, N35, Art. 3607; 2005, N 1, Art. 37; 2007 , N 45, item 5427; 2008, N 29, item 3418; N 52, item 6236; 2009, N 48, item 5711; 2010, N 31, item 4156, 4157, 4158, 4160; 2011, No. 1, article 13; No. 23, article 3263; No. 30, article 4590, 4596; No. 50, article 7336, 7343; 2012, No. 26, article 3446; No. 27, article 3587; No. 53 , item 7616; 2013, N 45, item 5797; N 48, item 6165; 2014, N 16, item 1840; N 30, item 4218; N 42, item 5615; 2015, N 1, item 19; N 29, item 4350, 4359; N 45, item 6208; 2016, N 1, item 70; N 14, item 1904; N 18, item 2508; N 26, item 3865; N 27, item 4201; 2017, N 1, item 49; N 27, item 3926; 2018, N 1, item 35; N 27, item 3955) the following changes:
1) in Article 21:
a) in paragraph 1:
add a new paragraph forty-fifth of the following content:
"establishes the procedure for conducting certification on safety issues in the electric power industry, categories of employees undergoing such certification, cases of extraordinary certification and categories of employees undergoing certification in certification commissions formed by federal executive authorities.";
b) in paragraph 2:
add a new paragraph forty-seven as follows:
"certification on security issues in the electric power industry.";
2) Paragraph one of clause 2 of Article 28 shall be supplemented with the words "certification on safety issues in the electric power industry";
3) supplement Article 28 1 with the following content:
"Article 28 1 . Training and certification of employees on safety issues in the electric power industry
1. Employees (including heads of organizations in respect of which, in accordance with Article 29 1 of this Federal Law, federal state energy supervision in the field of electric power industry is carried out) engaged in professional activities related to the operation of electric power facilities and power receiving installations, professional activities related to implementation of the functions of operational dispatch control in the electric power industry (hereinafter referred to as employees), in order to maintain the level of qualification and confirm knowledge of the safety requirements of electric power facilities and power receiving installations, they must undergo certification on safety issues in the electric power industry at least once every five years. The categories of such employees are determined by the Government of the Russian Federation.
2. Training of employees for work at electric power facilities and power receiving installations is carried out by organizations in respect of which, in accordance with Article 29 1 of this Federal Law, federal state energy supervision in the electric power industry is carried out, in accordance with the requirements established by paragraph 2 of Article 28 of this Federal Law.
3. Primary certification of employees on safety issues in the electric power industry is carried out no later than one month:
upon appointment to the relevant position;
when transferring to another job, if the performance of labor duties at this job requires attestation in other areas of attestation;
when concluding an employment contract with another employer, if the performance of labor duties at this job requires attestation in other areas of attestation.
Extraordinary certification of employees on safety issues in the electric power industry is carried out in cases determined by the Government of the Russian Federation.
4. Certification of employees on safety issues in the field of electric power industry is carried out in the scope of the requirements for the safety of electric power facilities and power receiving installations during the operation of electric power facilities and power receiving installations necessary for the performance of their labor duties.
During certification on safety issues in the field of electric power industry, knowledge of the requirements for the safety of electric power industry facilities and power receiving installations during the operation of electric power facilities and power receiving installations is checked in accordance with the areas of certification determined by the federal executive body authorized to exercise federal state energy supervision.
5. Certification of employees on safety issues in the electric power industry is carried out by certification commissions formed by federal executive bodies authorized to exercise federal state energy supervision, or by certification commissions formed by organizations in respect of which, in accordance with Article 29 1 of this Federal Law, federal state energy supervision in the field of electric power industry.
The categories of employees undergoing certification on safety issues in the electric power industry in certification commissions formed by federal executive bodies authorized to exercise federal state energy supervision are determined by the Government of the Russian Federation. Certification of dispatchers of subjects of operational dispatch control in the electric power industry on safety issues in the electric power industry is carried out by attestation commissions formed by federal executive authorities authorized to exercise federal state energy supervision, in addition to certification conducted by an attestation commission formed by the corresponding subject of operational dispatch control in the electric power industry .
If in an organization in respect of which, in accordance with Article 29 1 of this Federal Law, federal state energy supervision in the electric power industry is carried out, an attestation commission has not been formed, the certification of employees on safety issues in the electric power industry is carried out by an attestation commission formed by the relevant federal executive body authorized for the implementation of federal state energy supervision.
6. The procedure for attestation of employees on safety issues in the electric power industry is established by the Government of the Russian Federation.
Attestation of dispatchers of subjects of operational dispatch control in the electric power industry is carried out in accordance with the uniform certification requirements for persons engaged in professional activities related to operational dispatch control in the electric power industry, which are established by the federal executive body authorized by the Government of the Russian Federation.
7. Employees who have not passed certification on safety issues in the field of electric power industry are not allowed to work at electric power facilities, power receiving installations, professional activity related to the implementation of functions for operational dispatch control in the electric power industry.
Employees who have not passed certification on safety issues in the electric power industry have the right to appeal against the decisions of the relevant certification commission in court in accordance with the legislation of the Russian Federation.".
Article 4
Part 7 of Article 76 of the Federal Law of December 29, 2012 N 273-FZ "On Education in the Russian Federation" (Collected Legislation of the Russian Federation, 2012, N 53, Art. 7598; 2016, N 1, Art. 24, 72; N 27 , article 4223) add paragraph 3 of the following content:
"3) by the federal executive body in the field of industrial safety in agreement with the federal executive body authorized to solve problems in the field of protecting the population and territories from emergencies - in the field of industrial safety of hazardous production facilities.".
Article 5
2. Documents on attestation in the field of industrial safety, attestation on the safety of hydraulic structures, attestation on safety in the field of electric power industry, issued in the prescribed manner before the day this Federal Law enters into force, are valid until their expiration date.
President of Russian Federation
Today, about a third of apartment buildings are in need of major repairs. The procedure for its financing is regulated by a normative act that entered into force on December 25, 2012. Let us consider further its main provisions.
"Overhaul"
When the specified normative act came into force, the financing of measures to eliminate malfunctions in worn-out structural elements of the common property is carried out by the owners. Previously, this responsibility was assigned to the fund for the reform of housing and communal services. Currently, its activities are reoriented to the resettlement of people from the emergency and the amount of payment varies depending on the region.
Regulatory obligations
Law 271-FZ "On capital repairs" (as amended) established that by 2014 local governments must form funds and identify regional operators. It is the responsibility of the latter to carry out appropriate activities in apartment buildings and to provide timely reports on the Internet. Despite the fact that everything seems to be clear in the wording, in practice there are quite a lot of questions. Most of them are connected with the process of collecting and spending the funds of the owners.
Specifics of the provisions
For what purpose was Law 271-FZ "On Major Repairs" adopted? The changes that this normative act introduces to the LCD, in essence, are not something new. The fact is that the Civil Code directly establishes the obligation of owners to maintain residential premises at their own expense. "On Capital Repairs", recognizing payment for the performance of work in an apartment building as mandatory for owners of premises, establishes a clear mechanism for carrying them out as planned.
Relevance of the issue
At the end of 2011, there were more than 20 million square meters in the country. m and about 80 million sq. m - dilapidated. The share of such structures in the total housing stock is 3%. Approximately the same number of buildings are actually in disrepair, but are not officially recognized as dilapidated. This is due to the lack of funds from local authorities to resettle citizens from such facilities. In this situation, it was quite logical to adopt Law 271-FZ "On Capital Repairs". The full text of the normative act contains a number of provisions establishing guarantees for the population.
Registers
The issue of targeted use of funds collected from owners, the Law "On Capital Repairs" (FZ 271) solves in two ways. In accordance with the first option, by the end of 2013, the regional authorities must form funds and establish a state-owned enterprise - operator. He will carry out repairs with funds collected from the population. Money in the fund must be deducted according to the plan, which includes each multi-apartment building. Local authorities will form the relevant lists. Registers should be publicly available so that every citizen can track the progress of the queue. In each subject, the owners establish a specific amount of the amount that must be contributed to the fund. At the same time, the regional and federal budgets will co-finance it. This option of collecting money, in its essence, contradicts the Constitution and the Civil Code. Under the regulations, the homeowner bears the burden of maintaining his own property, not someone else's. The Law "On Capital Repairs" (FZ 271) actually allows the use of funds collected from one house to carry out work in another according to the approved schedule.
Opening a special account
The Law "On Capital Repairs" (FZ 271) provides for another option for raising funds. In accordance with the rules, the HOA can open a special account. Owners will deduct their contributions to it. From them, respectively, the overhaul fund will be formed. These funds are targeted. This means that they can be debited from the account solely for repairs. If the HOA arbitrarily decides to raise the amount of the contribution, the owners have the right to go to court. The positive aspect when using this option is that the overhaul is not tied to a plan drawn up local authorities. Accordingly, it is possible to carry out the necessary activities earlier than it is envisaged according to the schedules. In addition, the owners of the premises independently determine the amount of the contribution. The Law "On Capital Repairs" (FZ 271), however, makes a reservation that its size should not be less than the minimum established by the regional normative act. The owners also choose the contractor themselves. It can be either the management company itself or another organization. The bank transfers funds to the contractor only after the owner of the account provides this document, in turn, must be signed by representatives of the owners of housing, as well as local authorities.
Account owner
As such, under Art. 175 ZhK, an HOA can act, which manages an apartment building and is formed by the owners in one or more MKD. At the same time, the number of apartments in the latter should not exceed 30 in total, if the facilities are located on sites that have a common border, utilities and other infrastructure components intended for general use. If the powers of the management company go beyond the established limits, then the account should be opened with a regional operator or the HOA should be divided into several separate ones.
Important point
If before 2014 the owners could not decide on the option of raising funds, then they will automatically be included in the regional fund. Contributions are obligatory payments. In case of delay, a penalty of 1/300 of the Central Bank's refinancing rate will be charged. If at the meeting the tenants decide to refuse to make contributions, it will be declared illegal. Funds from the owners can be collected in court.
additional information
Law 271-FZ "On capital repairs" establishes that the decision to carry out the necessary measures is taken by the owners at the meeting. Owners can hold it at any time at the initiative of the person who manages the building or provides services for its maintenance, the regional operator or one of the residents. If it suddenly turns out that there are not enough funds to carry out the overhaul, you can take a loan from the bank against the guarantee of the fund, then go to it and deduct contributions to it until the spent amount is paid. One more point should be noted. The HOA, which transferred contributions to the regional fund, has the right to withdraw from it by opening a special account. If the repair has not yet been completed, then the money will be transferred to it. If it was produced, but there were not enough funds, and the regional fund paid extra for the work, the HOA first repays the debt, and then opens an account.
Law 271-FZ "On major repairs": beneficiaries
The norms define the categories of persons who are exempted from the obligation to pay contributions. As a general rule, Law 271-FZ "On Capital Repairs" does not provide benefits for owners. However, they can be established by regional regulations in relation to the poor, the disabled, the elderly and a number of other people in need. Complete release from the obligation to pay contributions is provided for tenants of municipal housing. In this case, MO acts as the owner. Accordingly, according to the law, it is the municipality that must ensure the timely overhaul.
Mortgage credit lending
Not all citizens have the opportunity to buy an apartment with their own money. Many today turn to banks for mortgages. At the same time, an unencumbered certificate of ownership is not issued for such housing until the debt is fully repaid. Accordingly, the question arises as to who should make contributions to the overhaul. Judicial practice does not give an unambiguous answer to it. Some authorities believe that the collection of fees is illegal, others take the opposite position. According to a number of experts, the second option is quite logical, in which the deduction of contributions is the responsibility of the owners. In this case, in fact, citizens who have a loan use an apartment - the bank only holds it as a pledge and does not operate it. The burden of maintaining the housing is thus placed on the purchaser. However, this position is not fixed by law.
Recognition of the house as emergency and withdrawal
According to the provisions of the LCD, contributions for overhaul are not paid by the owners of apartments in the building to be demolished. In such a situation, the regional operator directs funds from the fund to carry out appropriate activities with the house. Citizens are also exempt from the obligation to pay for overhaul when adopting a regulatory act on the withdrawal of the site on which the structure is located, for municipal / state needs, of each premises, except for those that belong to the region, municipality or the Russian Federation. In this case, the regional fund must return the funds allocated by them to the apartment owners. In addition, citizens can exercise the right to receive the redemption value of the seized housing.
Conclusion
It should be noted that the owners of apartments in new buildings are also required to make deductions for overhaul. This is due to the fact that over time, all structural elements, including engineering and communication networks, become unusable and require replacement. It is more profitable for owners of apartments in new buildings to create a fund for overhaul on a special account. Contributions, among other things, may be credited with interest for the use of money. Prior to the adoption of the federal law the country did not provide for a clear procedure for the implementation of the obligation of owners to maintain common property in a residential multi-apartment building. The rules established in the normative act allow the owners to independently decide when and to what extent to carry out the work, as well as to choose their contractor. Thus, the state depends today on the owners.
