Law on construction organizations from December 1. Federal Law of the Russian Federation on Self-Regulatory Organizations (SROs). Engineering surveys, design

For several years now, there have been rumors in the construction community that the system of self-regulation we know will soon come to an end. That the heads of self-regulatory organizations are about to fly (and the collected money of the builders will fly with them in an unknown direction). And that everything is about to be completely different. Now it is clear that it was in 2017 that these rumors really became a reality. At […]

The boy shouted "wolves" for a very long time. So, gentlemen: wolves. This is far from the first construction self-regulatory organization that is excluded from the register of Rostekhnadzor on a tip from the National Association. It is far from the first time that hundreds of careless construction companies have been left without security clearances, thousands of construction workers have been left without work, and many thousands of their family members without a livelihood (and all this, […]

The cost of joining an SRO is one of the first indicators of a self-regulatory organization that you should pay attention to. Unless, of course, overpaying for the same things twice or more is not in your rules. However, if it were in your rules, you would hardly become a successful businessman, right?

How many bloody tears have already been shed about regionalization... But regionalization is not the only rotten apple that lawmakers treated the construction industry to in 372-FZ. There is also a "single register of specialists" ... This innovation applies to everyone. Builders moving to regional SROs. Anywhere not moving builders. Designers and surveyors who were not affected by regionalization at all. Requirements for specialists in […]

Everything, gentlemen. All notifications accepted, notifications are no longer accepted. The deadline for their submission was the first of December. What does this mean for those who made it — and for those who didn't? What to do next? Let's figure it out. The first stage of changes related to the transition to regional self-regulatory organizations has been completed. At this stage, the builders were required to decide […]

Article 1 Subject of regulation and scope of this Federal Law

1. This Federal Law regulates relations arising in connection with the acquisition and termination of the status of self-regulatory organizations, the activities of self-regulatory organizations that unite business or professional entities, the interaction of self-regulatory organizations and their members, consumers of goods (works, services) produced by them, federal bodies executive authorities, executive authorities of the constituent entities of the Russian Federation, local governments.

2. Features of the acquisition and termination of the status of self-regulatory organizations, the activities of self-regulatory organizations and the procedure for exercising state control (supervision) over compliance by self-regulatory organizations uniting certain types of business or professional activities with the requirements of the legislation of the Russian Federation regulating the activities of these entities, and the legislation of the Russian Federation on self-regulatory organizations may be established by federal laws.

3. This Federal Law does not apply to self-regulatory organizations of professional participants in the securities market, joint-stock investment funds, management companies and specialized depositories of investment funds, mutual investment funds and non-state pension funds, housing savings cooperatives, non-state pension funds, credit organizations, credit bureaus stories. Relations arising in connection with the acquisition or termination of the status of such self-regulatory organizations, their activities, as well as in connection with the interaction of such self-regulatory organizations and their members, consumers of their services (works), federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local self-government bodies are determined by federal laws regulating the relevant type of activity.

Article 2 The concept of self-regulation

1. Self-regulation is understood as independent and initiative activity, which is carried out by subjects of entrepreneurial or professional activity and the content of which is the development and establishment of standards and rules for this activity, as well as control over compliance with the requirements of these standards and rules.

2. Self-regulation in accordance with this Federal Law is carried out on the terms of association of subjects of entrepreneurial or professional activity into self-regulatory organizations.

3. For the purposes of this Federal Law, subjects of entrepreneurial activity are understood to be individual entrepreneurs and legal entities duly registered on the territory of the Russian Federation and carrying out entrepreneurial activities determined in accordance with the Civil Code of the Russian Federation, and subjects of professional activity are individuals engaged in professional activities regulated in accordance with federal laws.

Article 3 Self-Regulatory Organizations

1. Self-regulatory organizations are non-profit organizations established for the purpose of self-regulation, based on membership, uniting business entities based on the unity of the industry of production of goods (works, services) or the market for manufactured goods (works, services) or uniting subjects of professional activity of a certain type.

2. Consolidation in one self-regulatory organization of subjects of entrepreneurial activity and subjects of professional activity of a certain type may be provided for by federal laws.

3. A non-profit organization established in accordance with the Civil Code of the Russian Federation and Federal Law No. 7-FZ of January 12, 1996 "On Non-Profit Organizations" is recognized as a self-regulatory organization, only if it complies with all the requirements established by this Federal Law. In addition to those specified in Part 1 of this Article, the said requirements include:

1) association within a self-regulatory organization as its members of at least twenty-five business entities or at least one hundred professional entities of a certain type, unless otherwise established by federal laws in relation to self-regulatory organizations uniting business or professional entities;

2) the existence of standards and rules for entrepreneurial or professional activities that are mandatory for all members of the self-regulatory organization;

3) provision by the self-regulatory organization of additional property liability of each of its members to consumers of goods (works, services) produced and other persons by establishing an insurance requirement for members of the self-regulatory organization specified in paragraph 1 of part 1 of Article 13 of this Federal Law, and by forming a compensation fund self-regulating organization.

4. In order to carry out activities as a self-regulatory organization, a non-profit organization must create specialized bodies that exercise control over compliance by members of the self-regulatory organization with the requirements of the standards and rules of entrepreneurial or professional activities and consider cases on the application of disciplinary measures against members of the self-regulatory organization provided for by the internal documents of the self-regulatory organization. organizations.

5. The requirements provided for in paragraphs 1-3 of part 3 of this article and imposed on self-regulatory organizations, and the requirements for non-profit organizations to be recognized as self-regulatory organizations, are mandatory. Federal laws may establish other requirements for non-profit organizations uniting business or professional entities to be recognized as self-regulatory organizations, and higher requirements may also be established in comparison with the requirements for self-regulatory organizations specified in this Federal Law.

Article 4 The subject of self-regulation, standards and rules of self-regulatory organizations

1. The subject of self-regulation is the entrepreneurial or professional activity of entities united in self-regulatory organizations.

2. A self-regulatory organization develops and approves standards and rules for entrepreneurial or professional activities (hereinafter referred to as the standards and rules of a self-regulatory organization), which are understood as requirements for the implementation of entrepreneurial or professional activities that are mandatory for all members of a self-regulatory organization. Federal laws may establish the specifics of the development and establishment of standards and rules of self-regulatory organizations for certain types of entrepreneurial or professional activities.

3. The standards and rules of self-regulatory organizations must comply with federal laws and other regulatory legal acts adopted in accordance with them. The standards and rules of a self-regulatory organization may establish additional requirements for entrepreneurial or professional activities of a certain type.

4. A self-regulatory organization, on its own behalf and in the interests of its members, has the right to apply to the court for declaring invalid a regulatory legal act that does not comply with the federal law, the obligation to comply with which is assigned to the members of the self-regulatory organization, including a regulatory legal act containing what is not allowed by federal law broad interpretation of its norms in general or in any part.

5. The standards and rules of a self-regulatory organization should provide for disciplinary measures against members of a self-regulatory organization for violating the requirements of the standards and rules of a self-regulatory organization, as well as information openness affecting the rights and legitimate interests of any person of the activities of members of a self-regulatory organization.

6. The standards and rules of a self-regulatory organization must comply with the rules of business ethics, eliminate or reduce the conflict of interests of the members of the self-regulatory organization, their employees and members of the permanent collegiate management body of the self-regulatory organization.

7. The standards and rules of a self-regulatory organization should establish a ban on the implementation of activities by members of a self-regulatory organization to the detriment of other business or professional entities, and should also establish requirements that prevent unfair competition, the commission of actions that cause moral harm or damage to consumers of goods (works, services) and other persons, actions that damage the business reputation of a member of a self-regulatory organization or the business reputation of a self-regulatory organization.

Article 5. Membership of business or professional entities in self-regulatory organizations

1. Membership of subjects of entrepreneurial or professional activity in self-regulatory organizations is voluntary.

2. Federal laws may provide for cases of mandatory membership of subjects of entrepreneurial or professional activities in self-regulatory organizations for the implementation of entrepreneurial or professional activities of a certain type.

3. An entity carrying out various types of entrepreneurial or professional activities may be a member of several self-regulatory organizations, if such self-regulatory organizations unite subjects of entrepreneurial or professional activities of the relevant types.

4. An entity carrying out a certain type of entrepreneurial or professional activity may be a member of only one self-regulatory organization that unites subjects of entrepreneurial or professional activity of this type.

Article 6 Main functions, rights and obligations of a self-regulatory organization

1. Self-regulatory organization performs the following main functions:

1) develops and establishes requirements for membership of subjects of entrepreneurial or professional activity in a self-regulatory organization, including requirements for joining a self-regulatory organization;

2) apply disciplinary measures provided for by this Federal Law and internal documents of the self-regulatory organization in relation to its members;

3) form arbitration courts to resolve disputes arising between members of the self-regulatory organization, as well as between them and consumers of goods (works, services) produced by members of the self-regulatory organization, other persons, in accordance with the legislation on arbitration courts;

4) analyzes the activities of its members on the basis of information provided by them to the self-regulatory organization in the form of reports in the manner prescribed by the charter of the self-regulatory organization or other document approved by the decision of the general meeting of members of the self-regulatory organization;

5) represents the interests of the members of the self-regulatory organization in their relations with the state authorities of the Russian Federation, state authorities of the subjects of the Russian Federation, local governments;

6) organizes vocational training, certification of employees of members of a self-regulatory organization or certification of goods (works, services) produced by members of a self-regulatory organization, unless otherwise established by federal laws;

7) ensure the transparency of the activity of its members, publish information about this activity in accordance with the procedure established by this Federal Law and internal documents of the self-regulatory organization.

2. The self-regulatory organization, along with the main functions established by part 1 of this article, is entitled to perform other functions provided for by the charter of the self-regulatory organization and not contradicting the legislation of the Russian Federation.

3. In accordance with the main functions established by this article, in the process of carrying out its activities, a self-regulatory organization has the right to:

1) exercise control over the entrepreneurial or professional activities of its members in terms of their compliance with the requirements of the standards and rules of the self-regulatory organization;

2) challenge on its own behalf, in accordance with the procedure established by the legislation of the Russian Federation, any acts, decisions and (or) actions (inaction) of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation and local governments that violate the rights and legitimate interests of a self-regulatory organization, its a member or members, or posing a threat of such a violation;

3) participate in the discussion of draft federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, state programs on issues related to the subject of self-regulation, as well as send to the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local self-government bodies conclusions on the results of its independent examinations of draft regulatory legal acts;

4) to submit proposals for the consideration of state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local governments on the formation and implementation of state policy and the policy pursued by local governments in relation to the subject of self-regulation;

5) to request information from state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local self-government bodies and receive from these bodies the information necessary for the self-regulatory organization to perform the functions assigned to it by federal laws, in the manner prescribed by federal laws.

4. A self-regulatory organization, along with the rights specified in Part 3 of this Article, has other rights provided for by this Federal Law and other federal laws, taking into account the specifics established for entrepreneurial or professional activities of a certain type.

5. A self-regulatory organization, its governing bodies, specialized bodies and employees are required to comply with the requirements of this Federal Law, other federal laws, the charter of a self-regulatory organization, the standards and rules of a self-regulatory organization.

6. A self-regulatory organization is not entitled to carry out activities and take actions that entail the emergence of a conflict of interests of the self-regulatory organization and the interests of its members or create a threat of such a conflict.

Article 7

1. A self-regulatory organization, through publication in the media and (or) placement in information and telecommunication networks, is obliged to ensure access to information:

1) on the composition of its members;

2) on the conditions, on the methods and procedure for ensuring the responsibility of the members of the self-regulatory organization to consumers of the goods (works, services) produced by them;

3) about the members who terminated their membership in the self-regulatory organization, and about the grounds for termination of their membership, as well as about the subjects of entrepreneurial or professional activity that joined the self-regulatory organization;

4) on the conditions of membership in a self-regulatory organization;

6) on the structure and competence of the governing bodies and specialized bodies of the self-regulatory organization;

7) on the decisions of the governing bodies of the self-regulatory organization adopted in connection with the functions performed by the self-regulatory organization;

8) on cases of holding members of a self-regulatory organization liable for violation of the requirements of the legislation of the Russian Federation in terms of carrying out entrepreneurial or professional activities, standards and rules of a self-regulatory organization;

9) any claims and applications filed by the self-regulatory organization with the courts;

10) on the composition and value of the property of the compensation fund of the self-regulatory organization;

11) on certificates issued to members of the self-regulatory organization or their employees based on the results of training;

12) on the course and results of the examination of a normative legal act, in which the self-regulatory organization took part;

13) on the results of inspections of the activities of members of the self-regulatory organization;

14) on the annual financial statements of the self-regulatory organization and the results of its audit;

15) other information provided for by federal laws and the charter of the self-regulatory organization.

2. A self-regulatory organization provides information to the federal executive authorities in the manner prescribed by the legislation of the Russian Federation.

3. A self-regulatory organization, along with the disclosure of information established by part 1 of this article, has the right to disclose other information about its activities and the activities of its members in the manner established by internal documents, if such disclosure does not entail a violation of the procedure and conditions for access to information established by a member of the self-regulatory organization information constituting a trade secret, as well as the emergence of a conflict of interests of the self-regulatory organization and the interests of its members and is determined by the self-regulatory organization as a reasonable measure to improve the quality of self-regulation and information transparency of the activities of the self-regulatory organization and its members.

4. The self-regulatory organization, in accordance with the provisions of part 1 of this article, independently establishes methods for disclosing information, taking into account the fact that the information disclosed should be available to the largest number of consumers of goods (works, services) produced by members of the self-regulatory organization, as well as shareholders, investors and creditors of members of the self-regulatory organization. organizations.

5. The charter of the self-regulatory organization or the requirements specially established for this purpose and obligatory for all employees of the self-regulatory organization to comply with must provide for methods of obtaining, using, processing, storing and protecting information, the unlawful use of which by employees of the self-regulatory organization may cause moral harm and (or) property damage to members of a self-regulatory organization or create prerequisites for causing such harm and (or) damage.

6. The self-regulatory organization shall be responsible to its members for the actions of the employees of the self-regulatory organization related to the illegal use of information that became known to them due to their official position.

7. Members of a self-regulatory organization are obliged to disclose information about their activities, subject to disclosure in accordance with the legislation of the Russian Federation and the requirements established by the self-regulatory organization.

Article 8 Interested persons. Conflict of interests

1. For the purposes of this Federal Law, interested persons are understood to mean members of a self-regulatory organization, persons who are members of the management bodies of a self-regulatory organization, its employees acting on the basis of an employment contract or a civil law contract.

2. For the purposes of this Federal Law, the personal interest of the persons referred to in Part 1 of this Article shall mean a material or other interest that affects or may affect the provision of the rights and legitimate interests of a self-regulatory organization and (or) its members.

3. For the purposes of this Federal Law, a conflict of interest means a situation in which the personal interest of the persons specified in Part 1 of this Article affects or may affect the performance of their professional duties and (or) entails a contradiction between such personal interest and legitimate interests self-regulatory organization or the threat of a conflict that could lead to harm to the legitimate interests of the self-regulatory organization.

4. Interested persons must observe the interests of the self-regulatory organization, primarily in relation to the goals of its activities, and must not use the opportunities associated with the implementation of their professional duties, or allow the use of such opportunities for purposes contrary to the goals specified in the constituent documents of the self-regulatory organization.

5. Measures to prevent or resolve conflicts of interest are established by the charter, standards and rules of the self-regulatory organization.

Article 9 Self-regulatory organization control over the activities of its members

1. Control over the implementation by members of a self-regulatory organization of entrepreneurial or professional activities is carried out by employees of the relevant structural unit of the self-regulatory organization through scheduled and unscheduled inspections.

2. The subject of a scheduled inspection is the compliance by the members of the self-regulatory organization with the requirements of the standards and rules of the self-regulatory organization. The duration of a scheduled inspection is established by the permanent collegiate governing body of the self-regulatory organization.

3. A scheduled inspection is carried out at least once every three years and no more than once a year.

4. The basis for conducting an unscheduled inspection by a self-regulatory organization may be a complaint sent to the self-regulatory organization about a violation by a member of the self-regulatory organization of the requirements of the standards and rules of the self-regulatory organization.

5. In addition to the grounds specified in paragraph 4 of this article, the self-regulatory organization may provide other grounds for conducting an unscheduled inspection.

6. In the course of an unscheduled inspection, only the facts indicated in the complaint or the facts subject to verification appointed on other grounds are subject to investigation.

7. A member of a self-regulatory organization is obliged to provide the necessary information for conducting an audit at the request of a self-regulatory organization in the manner determined by the self-regulatory organization.

8. If a violation by a member of a self-regulatory organization of the requirements of the standards and rules of a self-regulatory organization is detected, the audit materials are transferred to the body for considering cases on the application of disciplinary measures against members of the self-regulatory organization.

9. The self-regulatory organization, as well as its employees and officials participating in the audit, are responsible for non-disclosure and non-distribution of information obtained in the course of its conduct, in accordance with this Federal Law and other federal laws.

10. The Self-Regulatory Organization bears before its members, in accordance with the procedure established by the legislation of the Russian Federation and the charter of the Self-Regulatory Organization, responsibility for the illegal actions of the employees of the Self-Regulatory Organization in the exercise of their control over the activities of the members of the Self-Regulatory Organization.

Article 10 The procedure for applying disciplinary measures against members of a self-regulatory organization

1. The body for considering cases on the application of disciplinary measures against members of a self-regulatory organization is obliged to consider complaints against the actions of members of a self-regulatory organization and cases of violation by its members of the requirements of standards and rules of entrepreneurial or professional activity.

2. The procedure for consideration of complaints and cases specified in part 1 of this article, the content of these violations are determined by the internal documents of the self-regulatory organization.

3. When considering complaints against the actions of members of a self-regulatory organization, the body for considering cases on the application of disciplinary measures against members of a self-regulatory organization is obliged to invite to its meetings the persons who have filed such complaints, as well as members of the self-regulatory organization in respect of which cases on the application of disciplinary measures are being considered. impact.

4. The body for the consideration of cases on the application of disciplinary measures against members of a self-regulatory organization in cases established by the self-regulatory organization has the right to decide on the application of the following disciplinary measures:

1) issuance of an order obliging a member of the self-regulatory organization to eliminate the identified violations and setting the time limits for the elimination of such violations;

2) issuance of a warning to a member of the self-regulatory organization;

3) imposition of a fine on a member of a self-regulatory organization;

5) other measures established by internal documents of the self-regulatory organization.

5. Decisions provided for by paragraphs 1-3 and 5 of part 4 of this article shall be adopted by a majority vote of the members of the body for considering cases on the application of disciplinary measures against members of the self-regulatory organization and shall enter into force from the moment they are adopted by the said body. The decision provided for in clause 4 of part 4 of this article may be adopted by at least seventy-five percent of the votes of the members of the body for considering cases on the application of disciplinary measures against members of the self-regulatory organization.

6. The self-regulatory organization, within two working days from the date of the adoption by the body for consideration of cases on the application of disciplinary measures against members of the self-regulatory organization of the decision on the application of disciplinary measures against the member of the self-regulatory organization, sends copies of such a decision to the member of the self-regulatory organization, as well as to the person who sent complaint on which such a decision was made.

7. Decisions of the body for consideration of cases on the application of disciplinary measures against members of the self-regulatory organization, with the exception of the decision provided for in clause 4 of part 4 of this article, may be appealed by members of the self-regulatory organization to the permanent collegiate management body of the self-regulatory organization within the time limits established by the self-regulatory organization .

8. The decision of the permanent collegiate governing body of a self-regulatory organization to expel a person from the members of the self-regulatory organization may be appealed by the person expelled from the members of the self-regulatory organization to the court in accordance with the procedure established by the legislation of the Russian Federation.

9. Funds received by a self-regulatory organization as a result of imposing a fine on a member of a self-regulatory organization in accordance with this article shall be credited to the compensation fund of the self-regulatory organization.

Article 11 Appeal against actions (inaction) of a self-regulatory organization, decisions of its governing bodies

Any member of a self-regulatory organization in the event of violation of his rights and legitimate interests by the actions (inaction) of the self-regulatory organization, its employees and (or) decisions of its management bodies has the right to challenge such actions (inaction) and (or) decisions in court, and also demand, in accordance with with the legislation of the Russian Federation, compensation by a self-regulatory organization for the harm caused to him.

Article 12 Sources of formation of property of self-regulatory organizations

1. The sources of formation of the property of a self-regulatory organization are:

1) regular and one-time receipts from members of the self-regulatory organization (entry, membership and target fees);

2) voluntary property contributions and donations;

3) income from the provision of services for the provision of information, the disclosure of which may be carried out on a paid basis;

4) income from the provision of educational services related to entrepreneurial activities, commercial or professional interests of members of a self-regulatory organization;

5) income from the sale of information materials related to entrepreneurial activities, commercial or professional interests of members of the self-regulatory organization;

6) income received from the placement of funds on bank deposits;

7) other sources not prohibited by law.

2. Federal laws may establish restrictions on sources of income received by self-regulatory organizations.

3. The procedure for regular and one-time receipts from members of the self-regulatory organization is determined by the internal documents of the self-regulatory organization.

4. Accounting and financial (accounting) reporting of a self-regulatory organization is subject to mandatory audit.

Article 13

1. A self-regulatory organization has the right to apply the following methods of ensuring the property liability of members of a self-regulatory organization to consumers of goods (works, services) produced by them and other persons:

1) creation of a system of personal and (or) collective insurance;

2) formation of a compensation fund.

2. The compensation fund is initially formed exclusively in cash from the contributions of members of the self-regulatory organization in the amount of at least three thousand rubles in respect of each member.

3. If the system of personal and (or) collective insurance is used as a way to ensure the liability of members of a self-regulatory organization to consumers of the goods (works, services) produced by them and other persons, the minimum amount of the sum insured under the liability insurance contract of each member cannot be less than thirty thousand rubles a year.

4. Additional requirements for the minimum amount of the compensation fund of a self-regulatory organization and the minimum amount of the sum insured under a liability insurance contract for members of a self-regulatory organization may be established by federal laws.

5. Placement of the funds of the compensation fund for the purpose of their preservation and growth and investment of such funds are carried out through management companies.

6. Control over compliance by management companies with restrictions on the placement and investment of compensation fund funds, the rules for placing such funds and investment requirements, as well as over investing compensation fund funds, which are established by this Federal Law and the investment declaration adopted by the self-regulatory organization, is carried out by a specialized depository on the basis of an agreement on the provision of services of a specialized depository.

7. Income received from the placement and investment of the compensation fund shall be used to replenish the compensation fund and cover the costs associated with ensuring proper conditions for investing the compensation fund.

8. Self-regulatory organization has the right to conclude. contracts only with management companies and a specialized depository, which are selected based on the results of a tender held in accordance with the procedure established by the internal documents of the self-regulatory organization.

9. No more than ten percent of the compensation fund may be invested in real estate objects.

10. At least ten percent of the compensation fund must be invested in government securities of the Russian Federation.

11. Additional requirements for the composition and structure of the compensation fund are determined by the investment declaration adopted by the self-regulatory organization.

12. The grounds and procedure for making payments from the compensation fund are established by the general meeting of members of the self-regulatory organization.

13. It is not allowed to make payments from the compensation fund, with the exception of payments in order to ensure the property liability of members of the self-regulatory organization to consumers of goods (works, services) produced by them and other persons. Return of contributions to members of a self-regulatory organization is not allowed.

14. Recovery on the obligations of a self-regulatory organization, including the obligation to compensate for the harm caused to a member of the self-regulatory organization, cannot be imposed on the property of the compensation fund of the self-regulatory organization.

Article 14 Restrictions on the rights of a self-regulatory organization, its officials and other employees

1. A self-regulatory organization is not entitled to carry out entrepreneurial activities.

2. A self-regulatory organization is not entitled to establish business partnerships and companies engaged in entrepreneurial activities that are the subject of self-regulation for this self-regulatory organization, and become a participant in such business partnerships and companies.

3. A self-regulatory organization is not entitled to carry out the following actions and make the following transactions, unless otherwise provided by federal laws:

1) provide property belonging to it as a pledge to secure the fulfillment of obligations of other persons;

2) issue guarantees for other persons, with the exception of their employees;

3) to acquire shares, bonds and other securities issued by its members, except for cases when such securities are traded at stock exchanges and (or) from other organizers of trades on the securities market;

4) ensure the fulfillment of its obligations by pledging the property of its members, by guarantees and guarantees issued by them;

5) act as an intermediary (commission agent, agent) for the sale of goods (works, services) produced by members of the self-regulatory organization;

6) make other transactions in cases provided for by other federal laws.

4. A person exercising the functions of the sole executive body of a self-regulatory organization shall not have the right to:

1) acquire securities the issuers or debtors of which are members of the self-regulatory organization, their subsidiaries and dependent companies;

2) conclude with members of the self-regulatory organization, their subsidiaries and dependent companies any property insurance contracts, loan agreements, guarantee agreements;

3) carry out, as an individual entrepreneur, entrepreneurial activities that are the subject of self-regulation for this self-regulatory organization;

4) establish business partnerships and companies that carry out entrepreneurial activities that are the subject of self-regulation for this self-regulatory organization, become a participant in such business partnerships and companies.

5. A person exercising the functions of the sole executive body of a self-regulatory organization shall not be entitled to be a member of the management bodies of members of the self-regulatory organization, their subsidiaries and affiliates, or be an employee on the staff of these organizations.

6. Federal laws, the charter of a self-regulatory organization or other requirements established by it may provide for the imposition on a self-regulatory organization or its employees of additional restrictions aimed at eliminating the circumstances that entail the emergence of a conflict of interest established by Part 3 of Article 8 of this Federal Law, the threat of misuse employees of a self-regulatory organization that has become known to them due to their official position of information about the activities of members of a self-regulatory organization.

Article 15 Governing bodies of a self-regulatory organization

1. The governing bodies of a self-regulatory organization are:

1) general meeting of members of the self-regulatory organization;

2) a permanent collegial governing body of a self-regulatory organization;

3) the executive body of the self-regulatory organization.

2. In a self-regulatory organization, the functions of a permanent collegial management body may be performed by a general meeting of members of the self-regulatory organization.

Article 16 General meeting of members of a self-regulatory organization

1. The general meeting of members of a self-regulatory organization is the supreme governing body of the self-regulatory organization, authorized to consider the issues related to its competence by this Federal Law on the activities of the self-regulatory organization.

2. The general meeting of members of the self-regulatory organization is convened at intervals and in the manner established by the charter of the self-regulatory organization.

3. The following issues shall fall within the exclusive competence of the general meeting of members of a self-regulatory organization:

1) approval of the charter of the non-profit organization, introduction of amendments to it;

2) election of members of a permanent collegial governing body of a self-regulatory organization, early termination of the powers of the said body or early termination of the powers of its individual members;

3) appointment to a position of a person exercising the functions of the sole executive body of a self-regulatory organization, early dismissal of such a person from office;

4) approval of disciplinary measures, the procedure and grounds for their application, the procedure for considering cases of violation by members of the self-regulatory organization of the requirements of the standards and rules of the self-regulatory organization;

5) determination of priority areas of activity of the self-regulatory organization, the principles of formation and use of its property;

6) approval of the report of the permanent collegiate management body of the self-regulatory organization and the executive body of the self-regulatory organization;

7) approval of the estimate of the self-regulatory organization, making changes to it, approval of the annual financial statements of the self-regulatory organization;

8) making a decision on the voluntary exclusion of information about the self-regulatory organization from the state register of self-regulatory organizations;

9) adoption of a decision on reorganization or liquidation of a non-profit organization, appointment of a liquidator or a liquidation commission;

10) consideration of the complaint of a person expelled from the members of a self-regulatory organization on the groundlessness of the decision taken by the permanent collegiate management body of the self-regulatory organization on the basis of the recommendation of its body for consideration of cases on the application of measures of disciplinary action against members of the self-regulatory organization to exclude this person from the members of the self-regulatory organization and decision on such a complaint.

4. If the general meeting of members of a self-regulatory organization performs the functions of its permanent collegial management body, general meetings of members of a self-regulatory organization shall be held at least once every three months.

Article 17 Permanent collegial management body of a self-regulatory organization

1. A permanent collegiate management body of a self-regulatory organization is formed from among individuals - members of the self-regulatory organization and (or) representatives of legal entities - members of the self-regulatory organization, as well as independent members.

2. For the purposes of this Federal Law, independent members are persons who are not connected by labor relations with a self-regulatory organization or its members. Independent members must be at least one third of the members of the permanent collegiate governing body of the self-regulatory organization. Federal laws may establish other requirements for the number of independent members of a permanent collegiate governing body of a self-regulatory organization.

3. An independent member of the permanent collegial governing body of the self-regulatory organization must first declare in writing about a conflict of interest that affects or may affect the objective consideration of issues included in the agenda of the meeting of the permanent collegial governing body of the self-regulatory organization, and the adoption of decisions on them and in which a conflict arises or may arise between the personal interest of the specified independent member and the legitimate interests of the self-regulatory organization, which may lead to harm to these legitimate interests of the self-regulatory organization.

4. In case of violation by an independent member of the permanent collegiate governing body of a self-regulatory organization of the obligation to declare a conflict of interest and causing damage to the legitimate interests of the self-regulatory organization in connection with this, which are confirmed by a court decision, the general meeting of members of the self-regulatory organization decides on early termination of the powers of an independent member.

5. Each member of the permanent collegiate governing body of the self-regulatory organization shall have one vote when voting.

6. A self-regulatory organization independently determines the quantitative composition of a permanent collegial management body, the procedure and conditions for its formation, activities, and decision-making.

7. The competence of the permanent collegiate governing body of a self-regulatory organization includes the following issues:

1) approval of the standards and rules of the self-regulatory organization, introduction of amendments to them;

2) creation of specialized bodies of the self-regulatory organization, approval of regulations on them and rules for their activities;

3) appointment of an audit organization to verify the accounting and financial (accounting) reporting of a self-regulatory organization, making decisions on conducting audits of the activities of the executive body of a self-regulatory organization;

4) presentation to the general meeting of members of the self-regulatory organization of a candidate or candidates for appointment to the position of the executive body of the self-regulatory organization;

5) approval of the list of persons whose candidacies may be proposed as arbitrators for their selection by the participants in disputes considered on their applications in an arbitration tribunal formed by a self-regulatory organization;

6) making a decision on joining a self-regulatory organization or on exclusion from a self-regulatory organization on the grounds provided for by the charter of a self-regulatory organization.

Article 18 Executive body of a self-regulatory organization

The competence of the executive body of the self-regulatory organization includes any issues of economic and other activities of the self-regulatory organization that do not fall within the competence of the general meeting of members of the self-regulatory organization and its permanent collegial management body.

Article 19 Specialized bodies of the self-regulatory organization

1. The specialized bodies of the self-regulatory organization, which are necessarily created by the permanent collegiate management body of the self-regulatory organization, include:

1) the body exercising control over compliance by the members of the self-regulatory organization with the requirements of the standards and rules of the self-regulatory organization;

2) body for consideration of cases on the application of disciplinary measures against members of the self-regulatory organization.

2. In addition to the specialized bodies of the self-regulatory organization specified in Part 1 of this Article, decisions of the permanent collegiate management body of the self-regulatory organization may provide for the creation of other specialized bodies on a temporary or permanent basis.

3. Each specialized body established by the permanent collegial governing body of the self-regulatory organization shall act on the basis of the relevant regulation approved by the permanent collegial governing body of the self-regulatory organization.

4. Specialized bodies of the self-regulatory organization perform their functions independently.

5. Based on the results carried out by the body exercising control over compliance by members of the self-regulatory organization with the requirements of the standards and rules of the self-regulatory organization, inspections of the activities of members of the self-regulatory organization, the body for considering cases on the application of disciplinary measures against members of the self-regulatory organization considers complaints against the actions of members of the self-regulatory organization , as well as cases of violations by members of the self-regulatory organization in the course of their activities of the requirements of the standards and rules of the self-regulatory organization.

6. The body for considering cases on the application of disciplinary measures against members of a self-regulatory organization shall send recommendations to the permanent collegial management body of the self-regulatory organization on exclusion from the membership of the self-regulatory organization.

7. The procedure for considering cases on the application of disciplinary measures against members of a self-regulatory organization is established by the general meeting of members of the self-regulatory organization.

Article 20 Maintenance of the state register of self-regulatory organizations

1. The maintenance of the state register of self-regulatory organizations is carried out by the authorized federal executive body exercising functions in the field of state registration of self-regulatory organizations, if the authorized federal executive body exercising the functions of control (supervision) over the activities of self-regulatory organizations in the established field of activity has not been determined .

2. In the event that an authorized federal executive body has been identified that exercises the functions of control (supervision) over the activities of self-regulatory organizations in the established field of activity or regulation of the relevant type of activity, the maintenance of the state register of self-regulatory organizations in the relevant field of activity is carried out by this authorized federal body.

3. The Government of the Russian Federation establishes the procedure for maintaining the state register of self-regulatory organizations.

4. The state register of self-regulatory organizations is maintained on paper and electronic media. In the event of a discrepancy between paper and electronic records, paper records take precedence.

5. The maintenance of the state register of self-regulatory organizations on electronic media is carried out in accordance with uniform organizational, methodological, software and technical principles that ensure compatibility and interaction of this register with other federal information systems and networks.

6. The information contained in the state register of self-regulatory organizations is open and publicly available.

7. The amount of the fee for entering information into the state register of self-regulatory organizations and the provision of the information contained in this register shall be established by the Government of the Russian Federation.

8. Information about a non-profit organization that meets the requirements established in Article 3 of this Federal Law shall be entered in the state register of self-regulatory organizations within seven working days from the date of submission by the non-profit organization to the authorized federal executive body specified in part 1 or 2 of this article of the application and the following documents:

1) a copy of the certificate of state registration of the non-profit organization;

2) a copy of the charter of the non-profit organization;

3) copies of documents certified by the non-profit organization, confirming the state registration of its members - legal entities;

4) certified by the non-profit organization copies of certificates of state registration of its members - individual entrepreneurs;

5) a list of members of a non-profit organization indicating the type of entrepreneurial or professional activity carried out by them, which is the subject of self-regulation for a self-regulatory organization;

6) documents confirming that the non-profit organization has the methods provided for by this Federal Law to ensure the liability of the members of the non-profit organization to consumers of the goods (works, services) produced and other persons;

7) copies of documents confirming the creation by a non-profit organization of specialized bodies provided for by Part 4 of Article 3 of this Federal Law, copies of regulations on such bodies and copies of documents on the composition of persons participating in their work;

8) copies of the standards and rules of the self-regulatory organization provided for by Clause 2 of Part 3 of Article 3 of this Federal Law;

9) other documents, the need to submit which for acquiring the status of a self-regulatory organization is provided for by other federal laws.

9. The authorized federal executive body specified in part 1 or 2 of this article, within seven working days from the date of submission of the documents specified in part 8 of this article, enters information about the non-profit organization into the state register of self-regulatory organizations or decides to refuse to enter information about a non-profit organization in the state register of self-regulatory organizations.

10. The basis for making a decision to refuse to enter information about a non-profit organization in the state register of self-regulatory organizations is the submission by the non-profit organization of documents that do not comply with the list established in this article, as well as the failure to submit all the documents established by part 8 of this article.

11. The decision to refuse to enter information about a non-profit organization in the state register of self-regulatory organizations may be appealed in court.

12. Federal laws may establish the specifics of maintaining the state register of self-regulatory organizations, including other deadlines for entering into the state register of self-regulatory organizations information about non-profit organizations that unite subjects of entrepreneurial or professional activity, as well as the specifics of the requirements for non-profit organizations in relation to the composition and the content of the documents submitted to the authorized federal executive body specified in part 1 or 2 of this article.

13. Non-profit organizations, information about which is not included in the established procedure in the state register of self-regulatory organizations, are not entitled to use in their constituent and other documents, as well as in the course of their activities, the words "self-regulatory", "self-regulation" and derivatives of the word "self-regulation" .

Article 21

1. The basis for deleting information about a non-profit organization from the state register of self-regulatory organizations by the authorized federal executive body specified in Parts 1 or 2 of Article 20 of this Federal Law is:

1) an application of a self-regulatory organization to exclude information about it from the state register of self-regulatory organizations;

2) liquidation or reorganization of a non-profit organization;

3) a court decision that has entered into legal force to exclude information about a non-profit organization from the state register of self-regulatory organizations on the basis of its non-compliance with the requirements of this Federal Law and other federal laws.

2. Exclusion of information about a non-profit organization from the state register of self-regulatory organizations on other grounds, except for the grounds specified in part 1 of this article, is not allowed.

3. A non-profit organization shall be considered excluded from the state register of self-regulatory organizations and ceased to operate as a self-regulatory organization from the date of submission of an application to remove information about the non-profit organization from the state register of self-regulatory organizations to the authorized federal executive body specified in part 1 or 2 of Article 20 of this Federal Law. law, or from the date of entry into force of the court decision on the exclusion of information about the non-profit organization from the state register of self-regulatory organizations, or from the date of liquidation or reorganization of the non-profit organization.

4. A self-regulatory organization that does not comply with the requirements of Article 3 of this Federal Law shall have the right to submit a statement of such non-compliance to the authorized federal executive body specified in Parts 1 or 2 of Article 20 of this Federal Law. This application shall be submitted in writing to the authorized federal executive body specified in Parts 1 or 2 of Article 20 of this Federal Law, indicating the date on which the grounds for deleting information about the non-profit organization from the state register of self-regulatory organizations arose. An application for non-compliance of a self-regulatory organization with the requirements of Article 3 of this Federal Law may be submitted to the authorized federal executive body specified in Parts 1 or 2 of Article 20 of this Federal Law, not more than once a year. Within two months from the date of receipt of this application, information about a non-profit organization cannot be excluded from the state register of self-regulatory organizations on the basis specified in this application. If, after the expiration of the specified period, the self-regulatory organization does not submit to the authorized federal executive body specified in Parts 1 or 2 of Article 20 of this Federal Law, proof of bringing its status or activities in line with the requirements specified in Article 3 of this Federal Law, information about a non-profit organization is subject to exclusion from the state register of self-regulatory organizations.

Article 22 Interaction between self-regulatory organizations and authorized federal executive bodies

1. The authorized federal executive body specified in Parts 1 or 2 of Article 20 of this Federal Law shall send information to the self-regulatory organization on the results of inspections of the entrepreneurial or professional activities of members of the self-regulatory organization conducted in the manner and in the cases provided for by the legislation of the Russian Federation, for with the exception of information on the results of inspections during which the act was not drawn up.

2. The authorized federal executive body specified in Parts 1 or 2 of Article 20 of this Federal Law shall involve self-regulating organizations in the discussion of draft federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, government programs on issues related to the subject of self-regulation.

3. A self-regulatory organization is obliged to send to the authorized federal executive body specified in Parts 1 or 2 of Article 20 of this Federal Law:

1) the standards and rules of the self-regulatory organization in accordance with the subject of self-regulation and the changes made to them within seven working days after they are introduced by the permanent collegiate management body of the self-regulatory organization;

2) information about inspections of activities of members of the self-regulatory organization planned and carried out by the self-regulatory organization and the results of these inspections.

4. The authorized federal executive body specified in Parts 1 or 2 of Article 20 of this Federal Law may not:

1) demand from the self-regulatory organization and its members information, the submission of which is not provided for by federal laws;

2) make decisions obliging the self-regulatory organization to carry out actions that violate federal laws and other regulatory legal acts adopted in accordance with them, or refrain from taking legal actions that are mandatory in accordance with the standards and rules of the self-regulatory organization;

3) demand changes or cancellation of decisions taken by the governing bodies of the self-regulatory organization in accordance with their competence, as well as demand that these bodies make decisions regarding a member or members of a self-regulatory organization or a self-regulatory organization.

5. The authorized federal executive body specified in Parts 1 or 2 of Article 20 of this Federal Law shall have the right to apply to the court with a request to remove information about a non-profit organization from the state register of self-regulatory organizations if the self-regulatory organization or its activities do not comply with the requirements of this Federal Law, other federal laws.

6. If a court decides to exclude information about a non-profit organization from the state register of self-regulatory organizations on the basis of non-compliance of a self-regulatory organization or its activities with the requirements of this Federal Law, other federal laws, the relevant non-profit organization that had the status of a self-regulatory organization is not entitled to re-apply for entering information about it in the state register of self-regulatory organizations within one year from the date of entry into force of the decision to exclude information about the non-profit organization from the state register of self-regulatory organizations.

Article 23 State control (supervision) over the activities of self-regulatory organizations

State control (supervision) over the activities of self-regulatory organizations is carried out in accordance with the procedure established by federal laws.

Article 24 Participation of self-regulatory organizations in non-profit organizations

1. Self-regulatory organizations have the right to create associations (unions) in accordance with the legislation of the Russian Federation on non-profit organizations.

2. Associations (unions) of self-regulatory organizations may be created by them on the basis of territorial, sectoral, intersectoral or other characteristics.

3. The decision on the participation of a self-regulatory organization in an association (union) of self-regulatory organizations is taken by the general meeting of members of the self-regulatory organization in the manner prescribed by its charter.

4. Members of an association (union) of self-regulatory organizations may transfer to the association (union) the functions of developing uniform standards and rules of self-regulatory organizations, requirements for membership of business or professional entities in self-regulatory organizations - members of the association (union), the function of resolving disputes in arbitration court, vocational training and certification of employees of members of self-regulatory organizations, certification of goods (works, services) produced by them, as well as information disclosure.

5. The restrictions provided for in Article 14 of this Federal Law shall fully apply to an association (union) of self-regulatory organizations, its officials and other employees.

6. The charter of an association (union) of self-regulatory organizations may provide for additional property liability of the association (union) to consumers of goods (works, services) produced by members of self-regulatory organizations participating in the activities of the association (union) of self-regulatory organizations, at the expense of the compensation fund formed such self-regulatory organizations.

7. Self-regulatory organizations may be members of chambers of commerce and industry in accordance with the legislation of the Russian Federation on chambers of commerce and industry.

The president
Russian Federation
V. Putin

Changes in the law on SRO 2016 include:

Increasing the responsibility of the SRO to the customer;
Joining the SRO on a territorial basis;
Formation of the second compensation fund;
Exemption of subcontractors from mandatory membership in the SRO.

The new provisions come into force on July 1, 2017. During the transition period (from December 1, 2016), the activities of the SRO will be controlled by the Prosecutor General's Office and Rostekhnadzor. We propose to consider in detail the essence of the main changes in the Town Planning Code of the Russian Federation.

The principle of regionalization

The main innovation concerns construction companies. Since July 2017, they can only join the SRO of the region in which they are registered (in accordance with the legal address). The rule does not apply to foreign legal entities and residents of the region without registered SROs.

If there are no self-regulatory organizations in the home region, the company requests an appropriate extract from the state register. Then you should submit an application to the SRO of a neighboring subject of the Russian Federation (with a common border). According to the article of the law on the transfer of SROs to the regions, “The self-regulatory organization to which this individual entrepreneur or this legal entity has applied for membership ... does not have the right to refuse such a person admission to the membership of the self-regulatory organization” [Art. 55.6, paragraph 3], if all the requirements established by law are met.

Until December 1, 2016 participants notify the current SRO of termination of membership and transfer to another organization or retention of membership. A company that does not provide information is forcibly excluded from the SRO from July 1, 2017.

Dual compensation fund system

Injury Compensation Fund

Upon joining the organization, all participants make contributions, keep the funds in the SRO account and, if necessary, pay out to affected third parties.

The amount of the contribution depends on the level of responsibility of the self-regulatory organization, it is determined by the cost of the general contract. After July 1, 2017 (from the entry into force of the law), the size of the compensation fund for damages will change as follows.

Amounts of contributions to the compensation fund for damages

Construction

Compensation Fund for Ensuring Contractual Obligations (CDO)

Introduced from July 1, 2017. It insures the company's liability to the customer: if a member of the SRO has not fulfilled its obligations under the contract, the penalty is paid from these funds.

To form a fund of at least 30 (construction) or 15 (design and engineering surveys) SRO members must submit statements of intent to conclude a general contract. In this case, “... the non-profit organization, on the basis of the statements of the said members, by decision of its permanent collegiate management body, is obliged to additionally form a compensation fund to ensure contractual obligations” [Art. 55.4].

The amount of the contribution depends on the amount of obligations under the contract, it differs for construction, engineering and design work. To calculate the cost, we offer summary tables.

Construction

Engineering surveys, design

For the safety of compensation funds, the law obliges SROs to place funds on special accounts with authorized credit institutions. The bank must have a general license from the Central Bank of Russia and own funds in the amount of at least 100 billion rubles.

Today, 12 banks meet the requirements. When joining an SRO, specify whether the organization has transferred compensation funds to one of them.

Mandatory membership in the SRO

Under the new law, mandatory membership in an SRO is required when concluding work contracts or general contracts with the following persons (for builders, the amount of the contract must be more than 3 million rubles):

Developer;
Technical customer;
Holder of a permit to operate a state or municipal site (for engineering surveys);
Responsible for the operation of a building or structure (for construction and design);
Regional operator (for construction and design).

When concluding an agreement with other persons, signing an agreement for construction work for a smaller amount, work under a subcontract - join an SRO not required.

The following are exempted from mandatory membership in the SRO:

State and municipal enterprises;
Commercial organizations in the authorized capital of which the share of state or municipal enterprises exceeds 50%;
Legal entities created by the state or municipalities;
Legal entities, in the authorized capital of which the share of the state or municipalities exceeds 50%.

National Registry of Specialists

For each area of activity NOSTROY (National Association of Builders) plans to develop model qualification standards and a national register. SROs approve standards for members of their organization by July 1, 2017.

An individual card of a specialist will contain his last name, first name and patronymic, information about the work performed (in accordance with qualification standards), the date of inclusion or exclusion from the register. According to paragraph 12 of Art. 55.5-1, “The information contained in the national register of specialists shall be posted on the website of the relevant National Association of Self-Regulatory Organizations on the Internet and shall be available for review without charging a fee.”

Depending on the types of work, SRO members are required to have qualified employees available: chief engineers or project architects. The law provides for “not less than 2 specialists at the place of main work” [Art. 55.5, item 6]. Information about these specialists should be contained in the national register.

We provide clients with the necessary specialists to obtain SRO approval. When applying online - we select employees is free!

For more information about the national register of specialists, see →

The main actions of participants and candidates for the SRO

Call toll free 8-800-333-22-38 : We will answer any questions about joining the SRO.

Term	Action
Until December 1, 2016	Companies notify the current SRO of maintaining or terminating membership in connection with the transition to a regional SRO.
From July 1, 2017	Those who do not report their desire to maintain or terminate membership in the SRO are excluded from the organization.
Until July 1, 2017	SROs approve internal documents and qualification standards.
Until July 1, 2017	Specialists apply for inclusion in the National Register.
Until September 1, 2017	Companies submit applications for the transfer of the compensation fund to the regional SRO (upon transition).
During the year from September 1, 2021	Excluded or voluntarily withdrawn from the SRO companies apply for the return of contributions to the compensation fund.

Documents required for SRO Admission

To obtain an SRO admission, you must submit an application in the SRO form and the statutory documents:

Charter of the company with applications and all changes.
Certificate of tax registration (TIN).
OGRN certificate.
Actual order on the appointment of the director.
The decision to establish a limited liability company.

Documents required to confirm the qualifications of your employees:

Diplomas of higher / secondary specialized education.
Certificate of professional development not older than 5 years.
Certification documents.
Staff list and other documents defining job responsibilities.

The application must indicate whether it is planned to perform work under contractor agreements and up to what amount. In the absence of intentions - this should also be noted

About Us

The Unified Resource Center provides support to companies in the construction industry in preparing documents for joining self-regulatory organizations. On average, per month we help 90 companies to obtain SRO permits.

For companies in the construction industry and individual entrepreneurs, our services are free - SROs are interested in our activities and pay remuneration. The Unified Resource Center is an SRO tool: the correct filling and sending of complete packages of documents allows you to optimize resources for the SRO document flow.

The benefits of cooperation with us are obvious - you save time on the formation of a package of documents and the selection of specialists for entry into the SRO.

In this section, we have placed the main documents that are used in obtaining SRO permits in the field of construction, design and collection. These documents are sufficient to obtain information about the SRO's work procedure, the responsibility of the SRO and its members, the need to join the SRO, the procedure for entry, types of work and fees.

Order of the Ministry of Construction, Housing and Communal Services of the Russian Federation No. 688/pr dated April 6, 2017
Order of the Ministry of Construction and Housing and Communal Services of the Russian Federation No. 688/pr dated April 6, 2017 “On the procedure for maintaining a national register of specialists in the field of engineering surveys and architectural and construction design, a national register of specialists in the field of construction, inclusion in such registers of information about physical persons and the exclusion of such information, amendments to information about individuals included in such registers, as well as on the list of areas of training in the field of construction"

Decree of the Government of the Russian Federation of May 11, 2017 N 559 on approval of the minimum requirements for members of a self-regulatory organization performing engineering surveys, preparing project documentation, building, reconstructing, overhauling especially dangerous, technically complex and unique facilities

Federal Law No. 372-FZ of July 3, 2016 "On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation"
Register of NOSSTROY. Were you not included in the register?
In accordance with Part 1 of Article 55.8 of the Town Planning Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) “An individual entrepreneur or a legal entity has the right to perform work that affects the safety of capital construction facilities, if there is a certificate issued by a self-regulatory organization on admission to such work.”
Explanation: can the failure to enter information about the issued certificate of admission into the Unified Register of SRO members maintained by NOSTROY be grounds for recognizing the admission of the SRO as invalid.
Town-planning code of the Russian Federation. Articles 55.1-55.20: Self-regulation in the field of engineering surveys, architectural and construction design, construction, reconstruction, overhaul of capital construction projects.
The main normative act regulating self-regulation in construction, design and surveys. It contains the work procedure and functions of SROs, responsibility for violations of the rules of work for SROs and their members, the amount of contributions to the compensation fund.
Order of the Ministry of Regional Development of the Russian Federation of December 30, 2009 N 624 "On approval of the List of types of work on engineering surveys, on the preparation of project documentation, on the construction, reconstruction, overhaul of capital construction facilities that affect the safety of capital construction facilities."
Regulates the types of work for which it is necessary to obtain an SRO permit, and work for which a permit is not needed. As well as the need to obtain a permit in special cases - work on especially dangerous objects and in individual construction.

Regulates the concepts of especially dangerous, technically complex and unique objects.

Decree 207 of March 24, 2011 - "Minimum requirements established for obtaining admission to especially dangerous and technically complex facilities, nuclear facilities"
Regulates the minimum required requirements for the issuance by self-regulatory organizations of certificates of admission to work on especially dangerous and technically complex capital construction projects that affect the safety of these facilities.
Order of the Ministry of Regional Development of the Russian Federation of June 23, 2010 N 294 "On Amendments to the Order of the Ministry of Regional Development of the Russian Federation of December 30, 2009
A normative act on the approval of the list of types of work on engineering surveys, on the preparation of project documentation, on the construction, reconstruction, overhaul of capital construction facilities that affect the safety of capital construction facilities.

Additional regulations in the field of self-regulation in construction

Federal Law No. 148-FZ of July 22, 2008 "On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation".
Federal Law of July 27, 2010 No. 240-FZ "On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation".
Federal Law No. 315-FZ of December 1, 2007 "On Self-Regulatory Organizations".
Decree of the Government of the Russian Federation of September 29, 2008 No. 724 "On Approval of the Procedure for Maintaining the State Register of Self-Regulatory Organizations".

Useful links:

Reference legal system "ConsultantPlus": http://www.consultant.ru/.
Information and legal portal "Garant": http://www.garant.ru/.
State system of legal information: http://pravo.gov.ru/.

No. 148-FZ, Part 2, Article 1 of this Federal Law has been amended

2. Peculiarities of acquiring, terminating the status of self-regulatory organizations, the legal status of self-regulatory organizations, the activities of self-regulatory organizations, the procedure for admission to membership in a self-regulatory organization and termination of membership in a self-regulatory organization, the procedure for self-regulatory organizations to exercise control over the activities of their members and the application by self-regulatory organizations of disciplinary measures against of its members, as well as the procedure for exercising state control (supervision) over the observance by self-regulatory organizations uniting subjects of entrepreneurial or professional activities of certain types, the requirements of the legislation of the Russian Federation regulating the activities of these entities, and the legislation of the Russian Federation on self-regulatory organizations may be established by federal laws.

2. Self-regulation in accordance with this Federal Law is carried out on the terms of association of subjects of entrepreneurial or professional activity into self-regulatory organizations.

Federal Law No. 148-FZ of July 22, 2008 amended Part 3 Article 2 of this Federal Law

3. For the purposes of this Federal Law, subjects of entrepreneurial activity are understood as individual entrepreneurs and legal entities registered in accordance with the established procedure and carrying out entrepreneurial activities determined in accordance with the Civil Code of the Russian Federation, and subjects of professional activity are individuals engaged in professional activities regulated in in accordance with federal laws.

No. 148-FZ Article 3 of this Federal Law has been amended

Article 3. Self-regulatory organizations

1. Self-regulatory organizations are non-profit organizations established for the purposes provided for by this Federal Law and other federal laws, based on membership, uniting business entities based on the unity of the industry of production of goods (works, services) or the market for manufactured goods (works, services) or uniting subjects of professional activity of a certain type.

2. Consolidation in one self-regulatory organization of subjects of entrepreneurial activity and subjects of professional activity of a certain type may be provided for by federal laws.

3. A non-profit organization established in accordance with the Civil Code of the Russian Federation and Federal Law No. 7-FZ of January 12, 1996 "On Non-Profit Organizations" is recognized as a self-regulatory organization, provided that it complies with all the requirements established by this Federal Law. In addition to those specified in Part 1 of this Article, the said requirements include:

2) the existence of standards and rules for entrepreneurial or professional activities that are mandatory for all members of the self-regulatory organization;

3) provision by the self-regulatory organization of additional property liability of each of its members to consumers of goods (works, services) produced and other persons in accordance with this Federal Law.

4. Unless otherwise established by federal law, in order to carry out activities as a self-regulatory organization, a non-profit organization must create specialized bodies that monitor compliance by members of a self-regulatory organization with the requirements of standards and rules for entrepreneurial or professional activities and consider cases of application to members self-regulatory organization of disciplinary measures provided for by the internal documents of the self-regulatory organization.

5. The requirements provided for in paragraphs 1-3 of part 3 of this article and imposed on self-regulatory organizations, and the requirements for non-profit organizations to be recognized as self-regulatory organizations, are mandatory, unless otherwise established by federal law. Federal laws may establish other requirements for non-profit organizations uniting business or professional entities to be recognized as self-regulatory organizations, and higher requirements may also be established in comparison with the requirements for self-regulatory organizations specified in this Federal Law.

6. A non-profit organization acquires the status of a self-regulatory organization from the date of entering information about the non-profit organization in the state register of self-regulatory organizations and loses the status of a self-regulatory organization from the date of deletion of information about the non-profit organization from the specified register.

Federal Law of July 22, 2008 No. No. 148-FZ Article 4 of this Federal Law has been amended

Article 4. Subject of self-regulation, standards and rules of self-regulatory organizations

1. The subject of self-regulation is the entrepreneurial or professional activity of entities united in self-regulatory organizations.

2. A self-regulatory organization develops and approves standards and rules for entrepreneurial or professional activities (hereinafter referred to as the standards and rules of a self-regulatory organization), which are understood as requirements for the implementation of entrepreneurial or professional activities that are mandatory for all members of a self-regulatory organization. Federal laws may establish other requirements, standards and rules, as well as features of the content, development and establishment of standards and rules of self-regulatory organizations for certain types of entrepreneurial or professional activities.

5. The self-regulatory organization must establish disciplinary measures against members of the self-regulatory organization for violating the requirements of the standards and rules of the self-regulatory organization, as well as ensure information transparency affecting the rights and legitimate interests of any persons of the activities of the members of the self-regulatory organization.

Federal Law of July 22, 2008 No. No. 148-FZ Part 2 of Article 5 of this Federal Law has been amended

Article 5. Membership of business or professional entities in self-regulatory organizations

1. Membership of subjects of entrepreneurial or professional activity in self-regulatory organizations is voluntary.

2. Federal laws may provide for cases of mandatory membership of subjects of entrepreneurial or professional activity in self-regulatory organizations.

Federal Law of July 22, 2008 No. No. 148-FZ Article 6 of this Federal Law has been amended

Article 6. Basic functions, rights and obligations of a self-regulatory organization

1. Self-regulatory organization performs the following main functions:

1) develops and establishes the conditions for membership of subjects of entrepreneurial or professional activity in a self-regulatory organization;

2) apply disciplinary measures provided for by this Federal Law and internal documents of the self-regulatory organization in relation to its members;

4) analyzes the activities of its members on the basis of information submitted by them to the self-regulatory organization in the form of reports in the manner prescribed by the charter of the non-profit organization or other document approved by the decision of the general meeting of members of the self-regulatory organization;

7) ensure the transparency of the activity of its members, publish information about this activity in the manner prescribed by this Federal Law and internal documents of the self-regulatory organization;

8) exercises control over the entrepreneurial or professional activities of its members in terms of their compliance with the requirements of the standards and rules of the self-regulatory organization, the conditions of membership in the self-regulatory organization;

9) consider complaints against the actions of members of a self-regulatory organization and cases of violation by its members of the requirements of the standards and rules of a self-regulatory organization, the terms of membership in a self-regulatory organization.

2. A self-regulatory organization, along with the main functions established by Part 1 of this article, is entitled to perform other functions provided for by federal laws and the charter of a non-profit organization.

3. Self-regulatory organization has the right:

1) has become invalid;

4. A self-regulatory organization, along with the rights specified in part 3 of this article, has other rights, unless the restriction of its rights is provided for by federal law and (or) its constituent documents.

5. A self-regulatory organization is obliged to perform the functions of a self-regulatory organization, provided for in paragraphs 1, 2, 4, 7 - 9 of part 1 of this article.

Federal Law of July 22, 2008 No. No. 148-FZ Article 7 of this Federal Law has been amended

Article 7

1. A self-regulatory organization, through publication in the media and (or) placement in information and telecommunication networks, is obliged to ensure access to information:

1) on the composition of its members;

2) on the conditions, methods and procedure for ensuring the responsibility of the members of the self-regulatory organization to consumers of goods (works, services) produced by them and other persons;

4) on the conditions of membership in a self-regulatory organization;

6) on the structure and competence of the governing bodies and specialized bodies of the self-regulatory organization;

7) on decisions taken by the general meeting of members of the self-regulatory organization and the permanent collegial management body of the self-regulatory organization;

9) any claims and applications filed by the self-regulatory organization with the courts;

10) on the composition and value of the property of the compensation fund of the self-regulatory organization;

11) on certificates issued to members of a self-regulatory organization or their employees based on the results of training, if the self-regulatory organization carries out certification of employees of members of such a self-regulatory organization;

12) on the course and results of the examination of a normative legal act, in which the self-regulatory organization took part;

13) on the results of audits conducted by the self-regulatory organization of the activities of members of the self-regulatory organization;

14) on the annual financial statements of the self-regulatory organization and the results of its audit;

15) other information provided for by federal laws and self-regulatory organization.

2. A self-regulatory organization submits information to the federal executive authorities in the manner prescribed by the legislation of the Russian Federation.

4. Unless otherwise provided by federal law, the self-regulatory organization, in accordance with the provisions of part 1 of this article, independently establishes methods for disclosing information, taking into account the fact that the information disclosed should be available to the largest number of consumers of goods (works, services) produced by members of the self-regulatory organization , as well as shareholders, investors and creditors of members of a self-regulatory organization.

5. The self-regulatory organization must provide for methods for obtaining, using, processing, storing and protecting information, the misuse of which by employees of the self-regulatory organization may cause moral harm and (or) property damage to members of the self-regulatory organization or create prerequisites for causing such harm and (or) damage .

Federal Law of July 22, 2008 No.No. 148-FZ Article 8 of this Federal Law has been amended

Article 8. Interested parties. Conflict of interests

5. Measures to prevent or resolve conflicts of interest are established by the charter of the non-profit organization, the standards and rules of the self-regulatory organization.

Federal Law of July 22, 2008 No. No. 148-FZ Article 9 of this Federal Law has been amended

Article 9. Control of the self-regulatory organization over the activities of its members

1. Control over the implementation by members of a self-regulatory organization of entrepreneurial or professional activities is carried out by a self-regulatory organization through scheduled and unscheduled inspections.

2. The subject of a scheduled inspection is the compliance by the members of the self-regulatory organization with the requirements of the standards and rules of the self-regulatory organization, the conditions for membership in the self-regulatory organization. The duration of a scheduled inspection is established by the permanent collegiate governing body of the self-regulatory organization.

3. A scheduled inspection is carried out at least once every three years and no more than once a year.

5. In addition to the grounds specified in paragraph 4 of this article, the self-regulatory organization may provide other grounds for conducting an unscheduled inspection.

6. In the course of an unscheduled inspection, only the facts indicated in the complaint or the facts subject to verification appointed on other grounds are subject to investigation.

8. If a violation by a member of a self-regulatory organization of the requirements of the standards and rules of a self-regulatory organization of the conditions of membership in a self-regulatory organization is detected, the audit materials are transferred to the body for considering cases on the application of disciplinary measures against members of the self-regulatory organization.

10. The self-regulatory organization bears before its members, in accordance with the procedure established by the legislation of the Russian Federation and the charter of the non-profit organization, responsibility for illegal actions of employees of the self-regulatory organization in the exercise of their control over the activities of the members of the self-regulatory organization.

1) issuance of an order obliging a member of the self-regulatory organization to eliminate the identified violations and setting the time limits for the elimination of such violations;

2) issuance of a warning to a member of the self-regulatory organization;

3) imposition of a fine on a member of a self-regulatory organization;

5) other measures established by internal documents of the self-regulatory organization.

Federal Law of July 22, 2008 No. No. 148-FZ Article 12 of this Federal Law has been amended

Article 12. Sources of formation of property of self-regulatory organizations

1. The sources of formation of the property of a self-regulatory organization are:

1) regular and one-time receipts from members of the self-regulatory organization (entry, membership and target fees);

2) voluntary property contributions and donations;

3) funds received from the provision of services for the provision of information, the disclosure of which may be carried out on a paid basis;

4) funds received from the provision of educational services related to entrepreneurial activities, commercial or professional interests of members of the self-regulatory organization;

5) funds received from the sale of information materials related to entrepreneurial activities, commercial or professional interests of members of the self-regulatory organization;

6) income received from the placement of funds on bank deposits;

7) other sources not prohibited by law.

2. Federal laws may establish restrictions on sources of income received by self-regulatory organizations.

3. The procedure for regular and one-time receipts from members of a self-regulatory organization is determined by the internal documents of the self-regulatory organization approved by the general meeting of members of the self-regulatory organization, unless otherwise provided by federal law or the charter of a non-profit organization.

4. Accounting and financial (accounting) reporting of a self-regulatory organization is subject to mandatory audit.

Federal Law of July 22, 2008 No.No. 148-FZ Article 13 of this Federal Law has been amended

Article 13

1) creation of a system of personal and (or) collective insurance;

2) formation of a compensation fund.

4. Federal laws may establish requirements other than those provided for by this Federal Law to the procedure for the formation of a self-regulatory organization compensation fund, its minimum size, the allocation of funds from such a fund, and liability insurance for members of a self-regulatory organization.

5. The placement of the funds of the compensation fund for the purpose of their preservation and growth and the investment of such funds shall be carried out through management companies, unless otherwise established by federal law.

8. A self-regulatory organization has the right to conclude agreements only with management companies and a specialized depository, which are selected based on the results of a tender held in the manner prescribed by the internal documents of the self-regulatory organization.

9. No more than ten percent of the compensation fund may be invested in real estate objects.

10. At least ten percent of the compensation fund must be invested in government securities of the Russian Federation.

11. Additional requirements for the composition and structure of the compensation fund are determined by the investment declaration adopted by the self-regulatory organization.

12. A self-regulatory organization, in accordance with federal laws, within the limits of the compensation fund of a self-regulatory organization, shall be liable for the obligations of its member arising as a result of causing harm as a result of defects in goods (works, services) produced by a member of a self-regulatory organization.

Federal Law of July 22, 2008 No.No. 148-FZ Part 6 of Article 14 of this Federal Law has been amended

Article 14