4 articles 55.17 of the Civil Code of the Russian Federation. Main changes in the procedure for control and formation of the compensation fund in the SRO

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Legislation in the construction sector has been improved. Thus, the requirements for the performance of work under contract agreements for the performance of engineering surveys and the preparation of design documentation and construction contracts have been adjusted. State and municipal enterprises and institutions, as well as legal entities with a state (municipal) share of more than 50%, are not required to be members of the SRO when performing such work for authorities and public sector organizations.

Also, without membership in the SRO, you can perform work under construction contracts concluded with the developer, technical customer, person responsible for the operation of the building, structure, regional operator, if the amount of obligations under each of such contracts does not exceed 3 million rubles.

There is no need to join an SRO for individuals engaged in the construction (overhaul) of an individual residential building, as well as for persons building garages, auxiliary structures, kiosks, etc.

The conditions and procedure for acquiring SRO status have been changed. The rules for the formation of a compensation fund for damages have been adjusted. Additionally, provision is made for the formation in a number of cases of a compensation fund to ensure contractual obligations. The rules for placing funds from these funds in banks are regulated.

New requirements have been established for the development of SRO standards and internal documents.

Requirements are being introduced for specialists in the organization of engineering surveys, architectural and construction design and construction. It is envisaged to introduce national registers of such specialists.

The procedure for admission to SRO membership and the rules for SRO control over the activities of its members have been improved.

Administrative liability is being introduced for violation by SROs of the procedure for providing documents and information for maintaining the state register of SROs, as well as for violation of legislation on the storage of documents.

In addition, aerial cable cars are included in the list of particularly dangerous and technically complex objects, which will ensure supervision of them throughout their entire life cycle.

the federal law comes into force on July 1, 2017, except for certain provisions for which a different period of entry into force is provided.

General provisions

SROs will be based on the membership of individual entrepreneurs and legal entities performing engineering surveys or preparing design documentation or construction, reconstruction, major repairs of capital construction projects under agreements on the performance of engineering surveys, on the preparation of design documentation, on construction, reconstruction, major repairs of capital construction projects, concluded with the developer, technical customer, person responsible for the operation of the building, structure, or with a specialized non-profit organization that carries out activities aimed at ensuring the overhaul of common property in apartment buildings(hereinafter referred to as the regional operator).

The technical customer can only be a legal entity that is authorized by the developer and, on behalf of the developer, enters into agreements on the performance of engineering surveys, on the preparation of design documentation, on the construction, reconstruction, overhaul of capital construction projects, prepares assignments for the implementation of these types of work, and provides persons performing engineering surveys and (or) carrying out the preparation of design documentation, construction, reconstruction, major repairs of capital construction projects, materials and documents necessary to perform these types of work, approves design documentation, signs the documents necessary to obtain permission to put a capital construction project into operation, carries out other functions provided for by the legislation on urban planning activities (hereinafter also referred to as the functions of a technical customer). The functions of a technical customer can only be performed by a member of a self-regulatory organization in the field of engineering surveys, architectural and construction design, construction, reconstruction, major repairs of capital construction projects, with the exception of cases provided for in Part 21 of Article 47, Part 41 of Article 48, Part 22 of Article 52 of the Code .

To perform work under a contract for engineering surveys, under a construction contract, under a contract for the preparation of design documentation, concluded with a developer, technical customer or person responsible for the operation of a building, structure, regional operator, membership in an SRO is required. Work under contracts concluded with other persons can be performed by individual entrepreneurs or legal entities that are not members of such self-regulatory organizations.

SRO membership is not required:

  1. state and municipal unitary enterprises, including state and municipal government enterprises, state and municipal institutions if they conclude contract agreements with federal executive authorities, state corporations carrying out legal regulation in the relevant field, by authorities state power subjects Russian Federation, local government bodies in charge of such enterprises, institutions, or in the case of such enterprises, institutions performing the functions of a technical customer on behalf of the specified federal executive authorities, state corporations, state authorities of the constituent entities of the Russian Federation, local government bodies.
  2. commercial organizations, in the authorized (share) capitals of which the share of state and municipal unitary enterprises, state and municipal autonomous institutions is more than fifty percent, if such commercial organizations contract agreements for the performance of engineering surveys with the specified enterprises, institutions, as well as with federal executive authorities, state corporations, state authorities of the constituent entities of the Russian Federation, local government bodies, which are provided for in paragraph 1 of this part and which are in charge of the specified enterprises, institutions, or in the case of such commercial organizations performing the functions of a technical customer on behalf of the specified enterprises, institutions, federal executive authorities, state corporations, state authorities of the constituent entities of the Russian Federation, local governments.
  3. legal entities created by public legal entities (with the exception of legal entities provided for in paragraph 1 of this part), in the event that these legal entities conclude contracts for engineering surveys in established areas of activity (in areas for the purposes of carrying out activities in which such legal entities are created persons), as well as commercial organizations, in the authorized (share) capitals of which the share of these legal entities is more than fifty percent, in the event that such commercial organizations conclude contract agreements for the performance of engineering surveys with the specified legal entities or in the case of such commercial organizations performing the functions of a technical customer on behalf of the specified legal entities.
  4. legal entities, in the authorized (share) capitals of which the share of public legal entities is more than fifty percent, in the event that these legal entities conclude contract agreements for the performance of engineering surveys with federal executive authorities, state authorities of the constituent entities of the Russian Federation, local government bodies, in established areas of activity in which the specified legal entities carry out statutory activities, or in the case of the specified legal entities performing the functions of a technical customer on behalf of these federal executive authorities, state authorities of the constituent entities of the Russian Federation, local governments, as well as commercial organizations, in the statutory (warehouse) in the capitals of which the share of the specified legal entities is more than fifty percent, in the event that such commercial organizations conclude contracts for the performance of engineering surveys with the specified federal executive authorities, state authorities of the constituent entities of the Russian Federation, local government bodies, legal entities or in the case of such commercial organizations functions of a technical customer on behalf of the specified federal executive authorities, state authorities of the constituent entities of the Russian Federation, local governments, legal entities.
  5. individuals carrying out construction, reconstruction, major repairs of an individual residential building.

Basic requirements for SROs and work procedures

  1. association within a non-profit organization as its members of no less than fifty individual entrepreneurs and (or) legal entities (for design) and no less than one hundred individual entrepreneurs and (or) legal entities (for construction), registered in accordance with the procedure established by law in the territory the subject of the Russian Federation in which such a self-regulatory organization is registered, and individual entrepreneurs and (or) legal entities;
  2. the non-profit organization does not have territorial divisions, separate branches and representative offices located outside the territory of the subject of the Russian Federation in which it non-profit organization registered;
  3. the non-profit organization has a compensation fund for damages, formed in the amount established by Article 55.16 of this Code;
  4. the non-profit organization has standards of a self-regulatory organization and internal documents, the development and approval of which by a self-regulatory organization in accordance with Article 55.5 of this Code are mandatory.

If at least fifteen members of a non-profit organization (for design) and at least thirty members of a non-profit organization (for construction) have submitted to a self-regulatory organization statements of intent to participate in the conclusion of contract agreements for the performance of engineering surveys, for the preparation of design documentation, construction contracts using competitive methods of concluding contracts, such a non-profit organization, based on statements from these members, by decision of its permanent collegial management body, is obliged to additionally form a compensation fund to ensure contractual obligations. The size of this compensation fund is calculated as the sum of the number of members of a non-profit organization, determined for each level of responsibility for the obligations of members of a self-regulatory organization, who indicated in the statement of intent the same level of responsibility for obligations, and the amount of contributions to this compensation fund, established in accordance with Article 55.16 of this Code for a given level of responsibility for obligations.

A non-profit organization in the course of its activities does not lose the status of a self-regulatory organization in the following cases:

  1. if the self-regulatory organization has not formed a compensation fund to ensure contractual obligations;
  2. reducing by no more than two times in the course of the activities of a self-regulatory organization the minimum number of members of a self-regulatory organization who have expressed their intention to take part in the conclusion of contracts for engineering surveys, for the preparation of design documentation, construction contracts using competitive methods of concluding contracts and who have paid contributions to the compensation fund for securing contractual obligations, if such a decrease did not lead to a decrease in the size of the compensation fund for securing contractual obligations, initially formed by such members of the self-regulatory organization, taking into account their actual level of responsibility for the obligations.

A non-profit organization that has formed a compensation fund to ensure contractual obligations does not have the right, in the course of its activities, to make a decision on the liquidation of this compensation fund of a self-regulatory organization.

Liquidation of a non-profit organization with SRO status is carried out only after the information is excluded from the state. register of self-regulatory organizations and enrollment within 7 days of funds from its com. fund to a special bank account of the National Association of SROs, of which such an organization is a member.

The SRO is obliged to develop and approve the documents provided for by the Federal Law “On Non-Profit Organizations”, “On SRO”, as well as new ones (CF in 2 types):

  • about CF compensation for harm;
  • on the CF for securing contractual obligations, in cases of Parts 2 and 4 of Article 55.4 of the State Russian Federation. if a self-regulatory organization decides to form such a compensation fund and in the application individual entrepreneur or a legal entity about admission to membership of a self-regulatory organization, information about the intention to participate in the conclusion of contracts for engineering surveys, preparation of design documentation, construction contracts using competitive methods of concluding contracts is indicated. Establishing the amount of contributions to the compensation funds of a self-regulatory organization: compensation fund for compensation of harm and compensation fund for ensuring contractual obligations, the procedure for the formation of such compensation funds. At the same time, the amount of contributions to the compensation funds of a self-regulatory organization is established not lower than the minimum amount of contributions to such compensation funds provided for in parts 10 - 13 of Article 55.16 of this Code;
  • on the register of SRO members;
  • on the procedure for considering complaints against the actions of SRO members and appeals;
  • on SRO reporting on the analysis of the activities of its members;
  • on membership in the SRO, on the requirements for members of the SRO, on the amount of payment of PV and VO;
  • SRO qualification standards in the relevant field of activity.

Not mandatory, but the following documents can also be developed: on insurance of civil liability risk by SRO members; on insurance of the risk of liability for violation by members of the terms of the contract.

Admission to SRO membership

Legal entity, foreign legal entity, individual entrepreneur, subject to compliance with the requirements of the SRO and payment in full of contributions to the CF., registered in the same subject of the Russian Federation in which the SRO is registered, with the exception of:

  • if it is a foreign legal entity,
  • if on the territory of the subject of the Russian Federation in which the individual entrepreneur or legal entity is registered, there is no registered self-regulatory organization based on the membership of persons carrying out construction and meeting the requirements provided for in Part 3 of Article 554 of this Code. In this case, an individual entrepreneur or legal entity has the right to apply for membership in a self-regulatory organization based on the membership of persons carrying out construction and registered on the territory of any of the constituent entities of the Russian Federation that have a common border with this constituent entity of the Russian Federation.

In this case, such an individual entrepreneur or such a legal entity additionally submits to the specified self-regulatory organization an extract from state register self-regulatory organizations about the absence in the territory of this constituent entity of the Russian Federation of registered self-regulatory organizations based on the membership of persons carrying out construction. A self-regulatory organization to which a given individual entrepreneur or a given legal entity, registered in the manner prescribed by law on the territory of a constituent entity of the Russian Federation that has a common border with the constituent entity of the Russian Federation on the territory of which such a self-regulatory organization is registered, has applied for membership does not have the right refuse to admit such a person as a member of a self-regulatory organization on the grounds specified in paragraph one of this part.

To be admitted as a member of a self-regulatory organization, an individual entrepreneur or legal entity submits the following documents to the self-regulatory organization:

  1. an application for admission to membership in a self-regulatory organization, which must include, among other things, information about the intention to participate in the conclusion of contracts for engineering surveys, preparation of design documentation, construction contracts using competitive methods of concluding contracts, or the absence of such intentions;
  2. documents confirming that an individual entrepreneur or legal entity has the specialists specified in Part 1 of Article 555"1 of this Code;
  3. documents confirming the presence of specialists job responsibilities provided for in Part 3 or 5 of Article 555"1 of this Code.

Within a period of no more than two months from the date of receipt of the documents specified in part 2 of this article, the self-regulatory organization checks the individual entrepreneur or legal entity for compliance with the requirements established by the self-regulatory organization for its members.

A self-regulatory organization refuses to admit an individual entrepreneur or legal entity as a member of a self-regulatory organization on the following grounds:

  1. non-compliance of an individual entrepreneur or legal entity with the requirements established by a self-regulatory organization for its members (except for the case established by part 3 of this article);
  2. failure by an individual entrepreneur or legal entity to submit in full the documents provided for in Part 2 of this article;
  3. if an individual entrepreneur or legal entity is already a member of a self-regulatory organization of a similar type.

A self-regulatory organization has the right to refuse to admit an individual entrepreneur or legal entity as a member of a self-regulatory organization on the following grounds:

  1. due to the fault of an individual entrepreneur or legal entity, payments were made from the compensation fund for damages or the compensation fund for securing contractual obligations of a self-regulatory organization, of which such an individual entrepreneur or such legal entity was previously a member;
  2. commission by an individual entrepreneur or legal entity within one year of two or more similar administrative offenses committed during the performance of engineering surveys, preparation of design documentation in relation to one capital construction project, committed during the construction, reconstruction, major repairs of one capital construction project;
  3. other grounds established by the internal documents of the self-regulatory organization.

An individual entrepreneur or legal entity in respect of whom a decision has been made to admit membership in a self-regulatory organization, within seven working days from the date of receipt of the notification specified in Part 10 of this article, is obliged to pay in full:

  1. contribution to the compensation fund for damages;
  2. contribution to the compensation fund for securing contractual obligations in the event that a self-regulatory organization has decided to form such a compensation fund and the application of an individual entrepreneur or legal entity for admission to membership of the self-regulatory organization contains information about the intention to take part in concluding contract agreements for performing engineering surveys, preparing design documentation, construction contracts using competitive contracting methods;
  3. entrance fee to a self-regulatory organization if the internal documents of the self-regulatory organization establish requirements for payment of the entrance fee.

The decision of a self-regulatory organization on admission to membership of a self-regulatory organization comes into force from the date of payment in full of the contribution (contributions) to the compensation fund (compensation funds) of the self-regulatory organization, as well as the entrance fee if the internal documents of the self-regulatory organization establish requirements for the payment of such a contribution .

A legal entity or individual entrepreneur may be a member of one self-regulatory organization of each of the types of self-regulatory organizations specified in Article 55.3 of this Code

A self-regulatory organization is obliged to store the files of members of the self-regulatory organization, as well as the files of persons whose membership in the self-regulatory organization has been terminated. These cases are subject to permanent storage on paper and (or) in the form of an electronic document (package electronic documents), signed by a self-regulatory organization using enhanced qualified electronic signature, in a self-regulatory organization. In case of exclusion of information about a self-regulatory organization from the state register of self-regulatory organizations, the cases of members of the self-regulatory organization, as well as the cases of persons whose membership in the self-regulatory organization has been terminated, are subject to transfer to the appropriate National Association self-regulatory organizations.

Termination of membership in a self-regulatory organization

1. Membership of an individual entrepreneur or legal entity in a self-regulatory organization is terminated on the grounds and in cases specified in the Federal Law “On Self-Regulatory Organizations”, including in the event of the merger of one self-regulatory organization with another self-regulatory organization. A self-regulatory organization has the right to establish by internal documents of the self-regulatory organization additional grounds for exclusion from membership of the self-regulatory organization.

2. A self-regulatory organization has the right to decide to exclude an individual entrepreneur or legal entity from membership of a self-regulatory organization also:

  1. in case of failure to comply two or more times within one year with the instructions of state construction supervision authorities during the construction or reconstruction of capital construction projects;
  2. in other cases established by the internal documents of the self-regulatory organization.

3. Membership in a self-regulatory organization is considered terminated from the date of entering the relevant information into the register of members of the self-regulatory organization.

4. A person who has terminated membership in a self-regulatory organization shall not be refunded the paid entrance fee, membership fees and contribution(s) to the compensation fund(s) of the self-regulatory organization, unless otherwise provided by the Federal Law on the entry into force of this Code.

5. If an individual entrepreneur or legal entity terminates membership in a self-regulatory organization, such individual entrepreneur or such legal entity cannot be re-admitted to membership in the self-regulatory organization within one year.

A member of a self-regulatory organization, independently, if it is necessary to increase the amount of his contribution to the compensation fund for securing contractual obligations to the next level of responsibility of the member of the self-regulatory organization for obligations provided for in Part 11 or 13 of Article 5516 of this Code, is obliged to make an additional contribution to the compensation fund for securing contractual obligations in the manner established by the internal documents of the self-regulatory organization.

A member of a self-regulatory organization who has not paid the additional contribution specified in Part 5 of this article to the compensation fund for securing contractual obligations does not have the right to take part in the conclusion of new contracts for engineering surveys, preparation of design documentation, construction contracts using competitive contracting methods.

Main changes in the procedure for control and formation of the compensation fund in the SRO

Art. 55.15 Town Planning Code of the Russian Federation

In case of suspension of the certificate of admission, a member of the SRO has the right to continue performing work only in accordance with the contract concluded before the decision on suspension was made.

The decision to suspend can be appealed to the arbitration court, as well as to the arbitration court at the National. Association.

Art. 55.16 Town Planning Code of the Russian Federation

In order to ensure property liability for compensation of harm, a compensation fund for compensation of harm is formed. The responsibility of the SRO is joint and several.

In order to ensure property liability for obligations arising as a result of failure to fulfill obligations under a construction contract (construction contract) concluded through bidding, a compensation fund for contractual obligations is formed. (introduced by Federal Law dated July 3, 2016 N 372-FZ).

In a project SRO, the formation of a CF is necessary if 15 members have submitted a statement of intent to participate in construction contracts by participating in tenders.

In a construction SRO, the formation of a CF is necessary if 30 members have submitted a statement of intent to participate in construction contracts by participating in tenders.

SRO liability is subsidiary

An exemption from making a contribution to the compensation fund for contractual obligations is not permitted if the SRO has decided to form such a CF.

Payment of contributions to the CF in installments or by a third party who is not a member of the SRO is not allowed.

It is not permitted for a credit institution to transfer funds to the CF for damages, except in the following cases:

  1. placement and (or) investment of funds from the compensation fund for damages in order to preserve them and increase their size;
  2. making payments from the funds of the compensation fund for compensation of harm as a result of the occurrence of joint and several liability provided for in Part 1 of this article (payments for the purpose of compensation for harm and legal costs), in cases provided for in Article 60 of this Code;
  3. payment of corporate income tax calculated on income received from placing funds from the compensation fund for damages in credit institutions, and (or) investing funds from the compensation fund for compensation in other financial assets;
  4. transfer of funds from the compensation fund for damages of a self-regulatory organization to the National Association of Self-Regulatory Organizations, of which such a self-regulatory organization was a member, in cases established by this Code and the Federal Law on the entry into force of this Code.

It is not permitted for a credit institution to transfer CF funds to secure contractual obligations, except for the following cases:

  1. return of erroneously transferred funds;
  2. placement of funds from the compensation fund to ensure contractual obligations in order to preserve them and increase their size;
  3. making payments from the compensation fund for securing contractual obligations as a result of the onset of subsidiary liability provided for in Part 2 of this article (payments for the purpose of compensation for actual damage, penalties (fine) under a contract for engineering surveys, preparation of design documentation, a construction contract concluded using competitive methods of concluding contracts, as well as legal costs), in cases provided for in Article 60.1 of this Code;
  4. payment of corporate income tax calculated on income received from the placement of funds from the compensation fund for securing contractual obligations in credit institutions;
  5. transfer of funds from the compensation fund to ensure the contractual obligations of a self-regulatory organization to the National Association of Self-Regulatory Organizations, of which such a self-regulatory organization was a member, in cases established by this Code and the Federal Law on the entry into force of this Code.

If the amount of the compensation fund decreases, it must be replenished within no more than three months.

If the size of the CF of contractual obligations decreases, it is replenished by members who have contributed to this CF within a period of no more than three months.

If the size of the compensation fund for damages decreases due to the depreciation of financial assets, members of the SRO must make up for it within no more than three months from the date the self-regulatory organization notifies its members about the approval of the annual financial statements, in which the loss was recorded.

The minimum contribution to the compensation fund for damages of a design or exploration SRO, depending on the level of responsibility of a member of a self-regulatory organization for obligations, is:

  1. fifty thousand rubles if a member of an SRO plans to perform work, the cost of which under one contract does not exceed twenty-five million rubles (the first level of responsibility of a member of a self-regulatory organization);
  2. one hundred fifty thousand rubles if a member of an SRO plans to perform work, the cost of which under one contract does not exceed fifty million rubles (the second level of responsibility of a member of a self-regulatory organization);
  3. five hundred thousand rubles if a member of an SRO plans to perform work, the cost of which under one contract does not exceed three hundred million rubles (the third level of responsibility of a member of a self-regulatory organization);
  4. one million rubles if a member of an SRO plans to perform work, the cost of which under one contract is three hundred million rubles or more (the fourth level of responsibility of a member of a self-regulatory organization).

The minimum contribution to the compensation fund for securing contractual obligations of a design or exploration SRO, depending on the level of responsibility of a member of a self-regulatory organization, is:

  1. one hundred fifty thousand rubles if the maximum amount of obligations under such agreements does not exceed twenty-five million rubles (the first level of responsibility of a member of a self-regulatory organization);
  2. three hundred fifty thousand rubles if the maximum amount of obligations under such agreements does not exceed fifty million rubles (the second level of responsibility of a member of a self-regulatory organization);
  3. two million five hundred thousand rubles if the maximum amount of obligations under such agreements does not exceed three hundred million rubles (the third level of responsibility of a member of a self-regulatory organization);
  4. three million five hundred thousand rubles if the maximum amount of obligations under such agreements is three hundred million rubles or more (the fourth level of responsibility of a member of a self-regulatory organization).

The minimum contribution to the compensation fund for damages of a construction SRO, depending on the level of responsibility of a member of a self-regulatory organization, is:

  1. one hundred thousand rubles if a member of an SRO plans to carry out work, the cost of which under one contract does not exceed sixty million rubles (the first level of responsibility of a member of a self-regulatory organization);
  2. five hundred thousand rubles if a member of an SRO plans to carry out work, the cost of which under one contract does not exceed five hundred million rubles (the second level of responsibility of a member of a self-regulatory organization);
  3. one million five hundred thousand rubles if a member of an SRO plans to carry out work, the cost of which under one contract does not exceed three billion rubles (the third level of responsibility of a member of a self-regulatory organization);
  4. two million rubles if a member of an SRO plans to carry out work, the cost of which under one contract does not exceed ten billion rubles (the fourth level of responsibility of a member of a self-regulatory organization);
  5. five million rubles if a member of an SRO plans to carry out work, the cost of which under one contract is ten billion rubles or more (the fifth level of responsibility of a member of a self-regulatory organization).

The minimum contribution to the compensation fund for securing contractual obligations of a construction SRO, depending on the level of responsibility of a member of a self-regulatory organization, is:

  1. two hundred thousand rubles if the maximum amount of obligations under such agreements does not exceed sixty million rubles (the first level of responsibility of a member of a self-regulatory organization);
  2. two million five hundred thousand rubles if the maximum amount of obligations under such agreements does not exceed five hundred million rubles (the second level of responsibility of a member of a self-regulatory organization);
  3. four million five hundred thousand rubles if the maximum amount of obligations under such agreements does not exceed three billion rubles (the third level of responsibility of a member of a self-regulatory organization);
  4. seven million rubles if the maximum amount of obligations under such agreements does not exceed ten billion rubles (the fourth level of responsibility of a member of a self-regulatory organization);
  5. twenty-five million rubles if the maximum amount of obligations under such agreements is ten billion rubles or more (the fifth level of responsibility of a member of a self-regulatory organization).

In case of exclusion of information about SRO from the state register, funds from the compensation fund for compensation of harm and the compensation fund for securing contractual obligations are subject to credit to a special bank account of the National Bank within a week from the date of exclusion of such information. Associations, and can only be used to make payments in connection with the onset of joint or subsidiary liability of the SRO.

National The association is obliged to place the funds of the compensation funds of the self-regulatory organization in a special bank account in accordance with the requirements established by Article 55.16-1 of the Urban Planning Code.

A member of an expelled SRO has the right to contact the appropriate National. Association with an application for the transfer of those credited to the National account. Pooling the funds of compensation funds into the account of the SRO, which decided to admit an individual entrepreneur or legal entity to membership in a self-regulatory organization.

Art. 55.161 Town Planning Code

(introduced by Federal Law dated July 3, 2016 N 372-FZ)

  1. Funds from SRO compensation funds are placed in special accounts in banks designated by the Government of the Russian Federation.
  2. A separate account is opened for each compensation fund. Special bank account agreements are of unlimited duration.
  3. The funds from the compensation funds are used for the purposes and in the cases specified in parts 4 and 5 of Article 55.16 of the Town Planning Code. Other transactions on special bank accounts are not allowed.
  4. Upon receipt from Rostechnadzor of a notification about the exclusion of an SRO from the state register, the bank is obliged to suspend operations on special bank accounts in which the funds of the SRO compensation funds are placed.
  5. The SRO keeps records of compensation funds separately from records of other property. The funds of the compensation funds cannot be recovered for the obligations of the SRO, except for the cases provided for in parts 4 and 5 of Article 55.16 of the Town Planning Code. If an SRO is declared bankrupt, these funds are not included in the bankruptcy estate.
  6. The rights to the compensation funds belong to the account owner. If an SRO is excluded from the state register, the rights are transferred to the National. Unification. At the request of the National The Association Bank transfers the funds of the compensation funds of the excluded SRO to a special bank account of the National. Associations. The form of such a requirement is established by the Government of the Russian Federation.
  7. One of the essential conditions of the special bank account agreement is the consent of the SRO to the bank, at the request of Rostechnadzor, providing information on payments from the compensation funds, on the balance of funds in the special account, as well as on the funds of the SRO compensation funds placed in deposits and other financial assets of the SRO, in the form established by the Bank of Russia.
  8. In order to maintain and increase their size, the funds of the compensation fund for damages are allocated and (or) invested in the manner and under the conditions established by the Government of the Russian Federation. The placement and (or) investment of funds from the compensation fund for damages are carried out taking into account ensuring the fulfillment of the obligations of the self-regulatory organization in accordance with Part 10 of this article.
  9. In cases, in the manner and under the conditions established by the Government of the Russian Federation, the funds of the compensation fund for damages may be transferred to trust management management company which has a license to carry out management activities securities or a license to carry out activities for managing investment funds, mutual funds and non-state pension funds.
  10. If it is necessary to make payments from the funds of the compensation fund for compensation for harm or from the funds of the compensation fund for securing contractual obligations, the period for returning funds from the assets specified in this article should not exceed ten working days from the moment such a need arises.

Art. 55.17 Town Planning Code

1. SRO is obliged to maintain a register of members. Maintaining such a register can be carried out as part of unified register members of the SRO, subject to the SRO posting such a register of members on its website.

2. The register of SRO members in relation to each member must contain the following information (taking into account the Federal Law “On Self-Regulatory Organizations”):

  • registration number member of a self-regulatory organization, the date of its registration in the register;
  • information allowing to identify a member of a self-regulatory organization:
  • Full name of the individual entrepreneur, contact phone numbers, TIN, date state registration as an individual entrepreneur, Unified State Register of Individual Entrepreneurs, place of actual activity;
  • full and abbreviated name (if any) of the legal entity, date of state registration of the legal entity, OGRN, TIN, location of the legal entity, contact telephone numbers, full name of the director;
  • information about the compliance of a member of a self-regulatory organization with the conditions of membership;
  • information on ensuring the property liability of a member of an SRO, incl. including information about the insurer (including information about its location, about the existing license and information intended for establishing contact) and about the amount of the insured amount under the insurance contract (if there are requirements for insurance), about the amount of contribution to the compensation fund;
  • information about the results and facts of application of disciplinary and other sanctions to him (if such inspections were carried out and (or) such penalties were imposed);
  • other information provided by the self-regulatory organization.
  • in case of termination of membership, the register of members must contain information about the date of termination of membership and the grounds for such termination.
  • a list of types of work for which the SRO member has a certificate of admission;
  • information about suspension, renewal, refusal to renew or termination of the certificate of admission;
  • information about the level of responsibility of a member of the SRO for obligations under a work contract in accordance with which the specified member made a contribution to the compensation fund for damages; (introduced by Federal Law dated July 3, 2016 N 372-FZ)
  • information about the level of responsibility of a member of the SRO for obligations under construction contracts concluded using competitive methods of concluding contracts, in accordance with which the specified member made a contribution to the compensation fund for securing contractual obligations (introduced by Federal Law of July 3, 2016 N 372-FZ).

3. On the day the decision on admission to membership comes into force, the SRO posts such a decision on the website, enters information about admission to membership into the register, and sends it to the National. Association notice of the decision taken. If a different decision is made regarding a member, the SRO, on the day such a decision is made, posts it on the website, enters information regarding such member into the register or makes changes to the information contained in the register and sends it to the National. Association notification of the decision made (introduced by Federal Law dated July 3, 2016 N 372-FZ).

3.1. On the day the application for voluntary termination of membership is received, the SRO enters information about the termination of membership into the register of members and, within three days from the date of receipt of the said application on paper or on the same day if it is received in the form of an electronic document, sends it to the National. Association notification (introduced by Federal Law dated July 3, 2016 N 372-FZ).

3.2. Notifications of admission to membership, changes to the register of members, and termination of membership may be sent to the National. Association on paper or in the form of electronic documents signed by a self-regulatory organization using an enhanced qualified electronic signature (Federal Law of July 3, 2016 N 372-FZ).

4. The SRO is obliged to provide, at the request of an interested person, an extract from the register of members within no more than three working days from the date of receipt of the specified request. The statement is valid for one month from the date of issue. (Federal Law dated July 3, 2016 N 372-FZ).

5. The form of the extract is established by Rostechnadzor. (Before the form is established, it is established by the SRO. After it is established by Rostechnadzor, replacement of previously issued documents is not required).

Art. 55.18 Town Planning Code

1. The state register is maintained by Rostechnadzor.

2. The following information regarding SROs is entered into the state register:

  1. name, address (location) and contact telephone number of the self-regulatory organization;
  2. type of self-regulatory organization;
  3. information on the size of the compensation fund formed by the SRO to ensure contractual obligations as of the date of inclusion in the register of such information (Federal Law of July 3, 2016 N 372-FZ);
  4. information on the size of the compensation fund for damages formed by the SRO as of the date of inclusion in the register of such information (Federal Law of July 3, 2016 N 372-FZ);
  5. information about documents (their details) developed and approved by a self-regulatory organization in accordance with parts 1 and 4 of Article 55.5 of the Town Planning Code (Federal Law dated 07/03/2016 N 372-FZ)

3. Information contained in the state register of self-regulatory organizations must be posted on the official website of the body supervising self-regulatory organizations on the Internet and must be available for review without charging a fee.

4. The entry into the state register of information provided for in Part 2, the exclusion of such information is carried out by Rostechnadzor within a period of no more than thirty days from the date of provision of the National. Consolidation of the conclusion and (or) documents established by this Code, except for the case provided for in Part 6 of this article (as amended by the Federal Law of July 3, 2016 N 372-FZ).

4.1. Within three days from the date of entering information about the SRO into the state register or removing information from the state register, Rostechnadzor sends a notification about this on paper or in the form of an electronic document to the National. The association, and in case of exclusion of information from the state register, also notifies the bank in which the funds of the compensation funds of the excluded SRO are placed (as amended by Federal Law No. 372-FZ of July 3, 2016).

5. The SRO sends to Rostechnadzor a notification on paper or in the form of electronic documents signed using an enhanced qualified electronic signature about the approval or amendment of the documents specified in parts 1 and 4 of Article 55.5 of the Town Planning Code, and the information provided for in paragraphs 4 - 6 of part 2 of this article, with the relevant documents attached.

Within ten working days from the date of receipt of the specified notification, Rostechnadzor makes appropriate changes to the state register and sends a notification to the SRO about entering information into the state register or sends a notice of refusal to make changes to the state register indicating the reasons for the refusal. Entry of information into the state register can be refused only if the SRO documents, changes to such documents received by Rostechnadzor, do not meet the requirements provided for in Article 55.5 of the Code (as amended by Federal Law No. 372-FZ of July 3, 2016)

6. The SRO is obliged to send a notification on paper or in the form of electronic documents signed using an enhanced qualified electronic signature about changes in the information specified in paragraphs 1 and 2 of part 2 of this article to the relevant National. Association and at the same time submit documents confirming these changes. Within three working days from the date of receipt of the notification and documents of the National. The association sends them in the form in which they were submitted to Rostekhnadzor. Rostechnadzor, within three working days from the date of their registration, makes appropriate changes to the state register (as amended by Federal Law No. 372-FZ of July 3, 2016).

7. Entering information into the state register of self-regulatory organizations and changing such information are carried out without charging a fee.

8. The procedure and method of maintaining the state register are determined by Rostechnadzor. (as amended by Federal Law dated July 3, 2016 N 372-FZ).

9. The provision of information from the state register is carried out at the request of interested parties in the form of extracts from the register within seven working days from the date of registration of the request for a fee, and upon request government agencies and local governments without charging a fee. The amount of the fee for providing information from the state register is established by the federal executive body authorized by the Government of the Russian Federation (introduced by Federal Law No. 372-FZ of July 3, 2016).

Art. 55.19 Town Planning Code

8.1.National The association is obliged to provide Rostechnadzor, at its choice, in order to carry out its functions, access to the unified register of SRO members in viewing mode without the possibility of deleting or editing information in it, or to provide, upon its request, the necessary information from the specified register (introduced by Federal Law of July 3, 2016 N 372- Federal Law).

Art. 60 Town Planning Code

5. The developer (owner of the building, technical customer) who compensated for the damage and paid compensation in excess of compensation for damage has the right of a reverse claim (recourse) in the amount of compensation for damage and payment of compensation in excess of compensation for damage to:

  1. the person who performed the relevant work due to the deficiencies of which harm was caused;
  2. a self-regulatory organization within the limits of the compensation fund for damages in the event that the persons who performed the work as a result of the shortcomings of which harm was caused were members of the SRO (as amended by Federal Law dated July 3, 2016 N 372-FZ);
  3. corresponding National An association in the event of exclusion of information about an SRO from the state register within the limits of the compensation fund for damages of the specified self-regulatory organization credited to the account of such a National Association or to an SRO in which a member of the excluded SRO has been accepted as a member if the National Association. The association transferred funds from the compensation fund for damages to the new SRO (as amended by Federal Law No. 372-FZ of July 3, 2016);

The SRO is liable within the limits of the compensation fund for damages if the person was a member of the SRO.

Responsibility for violation of urban planning legislation

In the event of failure or improper performance by a member of the SRO of obligations under a contract concluded with a developer, technical customer, person responsible for the operation of a building, structure, regional operator using competitive methods of concluding a contract, as well as in the event of failure or improper performance by a member of the SRO of the functions of a technical The customer bears subsidiary liability:

  1. self-regulatory organization within one fourth of the compensation fund funds
  2. the relevant National Association of SROs in the event of exclusion of the SRO from the state within one-fourth of the funds of the compensation fund for securing contractual obligations credited to the account of such National Association, or an SRO of which a person has become a member who has not fulfilled or improperly fulfilled the relevant obligations under such agreements, in in the event that such National Association of SROs transferred, in the manner prescribed by part of the compensation fund for securing contractual obligations, to the account of the specified SRO. Compensation for actual damage is carried out in judicial procedure. In the event of liquidation of a legal entity - a member of the SRO, the fulfillment of warranty obligations under a work contract concluded by such a person using competitive methods of concluding contracts is carried out by the SRO within one-fourth of the funds of the compensation fund. In case of exclusion of an SRO from the register, the payment is made by the relevant National Association of SROs. The customer has the right to demand compensation for actual damage in court.

From July 1, 2017, it is not allowed to carry out entrepreneurial activity for the implementation of engineering surveys, for the implementation of architectural and construction design, construction, reconstruction, major repairs of capital construction projects on the basis of a certificate of admission issued by a self-regulatory organization to a certain type or types of engineering survey work, for the preparation of project documentation, for construction, reconstruction, capital repair of capital construction projects that affect the safety of capital construction projects.

The SRO is obliged to place the CF funds in a special bank account before November 1, 2016, and also within seven calendar days from the date of placement of such funds to notify the federal executive body authorized to exercise state supervision over the activities of self-regulatory organizations (hereinafter referred to as the body supervision of self-regulatory organizations), and the National Association of Self-Regulatory Organizations, of which such a self-regulatory organization is a member, with the attachment of a document (extract) on the funds of the CF, issued by such a credit institution in the form established by the Bank of Russia.

From October 1, 2017, the supervisory authority for self-regulatory organizations makes a decision to exclude a non-profit organization that has the status of a self-regulatory organization from the state register of self-regulatory organizations in the following cases: 1) a non-profit organization that has the status of a self-regulatory organization has not submitted documents to the supervisory authority for self-regulatory organizations , confirming the compliance of such a non-profit organization with the requirements established by parts 1-4 of Article 554 of the Town Planning Code of the Russian Federation; 2) members of a self-regulatory organization based on the membership of persons carrying out construction are individual entrepreneurs and (or) legal entities not registered in the same subject of the Russian Federation in which such a self-regulatory organization is registered, with the exception of foreign legal entities, as well as the case, if on the territory of a constituent entity of the Russian Federation there is no self-regulatory organization registered in the manner prescribed by law that meets the requirements provided for in Part 3 of Article 554 of the Urban Planning Code of the Russian Federation.

Admission in 1 day, we select specialists!
Since 2010, in connection with the abolition of state licensing for construction, organizations whose activities are related to engineering surveys, construction and design are required to join self-regulatory organizations and obtain SRO approval to carry out these works.

All articles

1. A self-regulatory organization is obliged to maintain a register of members of the self-regulatory organization.

2. The register of members of a self-regulatory organization in relation to each of its members must contain the following information:

1) taxpayer identification number, full name of the legal entity, its address (location), last name, first name, patronymic of the individual entrepreneur, date of birth, place of residence;

2) a list of types of work that affect the safety of capital construction projects and for which a member of a self-regulatory organization has a certificate of admission;

3) information about the suspension, renewal, refusal to renew or termination of the certificate of admission of a member of a self-regulatory organization to a certain type or types of work that affect the safety of capital construction projects.

3. On the day the relevant decision is made, the self-regulatory organization publishes on its website on the Internet and enters into the register of members of the self-regulatory organization information about the issuance of a certificate of admission to a member of the self-regulatory organization for a certain type or types of work that affect the safety of capital construction projects, on amendments to this certificate, on suspension, on renewal, on refusal to renew or on termination of validity of this certificate and sends a notification of the decision to the supervisory authority over self-regulatory organizations.

4. A self-regulatory organization is obliged to provide, at the request of an interested person, an extract from the register of members of a self-regulatory organization within no more than three working days from the date of receipt of the specified request.

5. The form of an extract from the register of members of a self-regulatory organization is established by the supervisory authority over self-regulatory organizations. (Article supplemented - Federal Law dated July 22, 2008 N 148-FZ)

1. A self-regulatory organization is obliged to maintain a register of members of the self-regulatory organization. The maintenance of such a register can be carried out as part of a unified register of members of self-regulatory organizations, provided that the self-regulatory organization places such a register of members of the self-regulatory organization on its website on the Internet.

2. The register of members of a self-regulatory organization, along with the information provided for by Federal Law of December 1, 2007 N 315-FZ “On Self-Regulatory Organizations,” must contain the following information in relation to each of its members:

1) has become invalid;

2) information about whether a member of a self-regulatory organization has the right to respectively carry out engineering surveys, prepare design documentation, construction, reconstruction, major repairs, demolition of capital construction projects under a contract for engineering surveys, preparation of design documentation, under a construction contract, under a contract demolition contracts concluded using competitive contracting methods;

4) information about the level of responsibility of a member of a self-regulatory organization for obligations under a contract for engineering surveys, preparation of design documentation, under a construction contract, under a demolition contract, in accordance with which the specified member made a contribution to the compensation fund for damages;

5) information on the level of responsibility of a member of a self-regulatory organization for obligations under contract agreements for the performance of engineering surveys, preparation of design documentation, under construction contracts, under contract agreements for demolition, concluded using competitive methods of concluding contracts, in accordance with which the specified member entered contribution to the compensation fund for securing contractual obligations.

3. On the day the decision of a self-regulatory organization to admit an individual entrepreneur or legal entity as a member of a self-regulatory organization comes into force, the self-regulatory organization places such a decision on its website on the Internet, enters information about the admission of an individual entrepreneur or legal entity into the register of members of the self-regulatory organization members of a self-regulatory organization sends a notification of the decision to the National Association of Self-Regulatory Organizations, of which it is a member. If a different decision is made in relation to a member of a self-regulatory organization, on the day such a decision is made, the self-regulatory organization places such a decision on its website on the Internet, enters into the register of members of the self-regulatory organization the relevant information regarding such member of the self-regulatory organization, or makes changes to the information contained in the specified register, and sends a notification of the decision to the relevant National Association of Self-Regulatory Organizations.

3.1. A self-regulatory organization, on the day it receives an application from a member of a self-regulatory organization for voluntary termination of his membership in this organization, enters into the register of members of the self-regulatory organization information about the termination of membership of an individual entrepreneur or legal entity in a self-regulatory organization and within three days from the date of receipt of the said application on paper. or on the same day, if it is received in the form of an electronic document (a package of electronic documents), sends a notification about this to the relevant National Association of Self-Regulatory Organizations.

3.2. Notifications about the admission of an individual entrepreneur or legal entity to membership in a self-regulatory organization, about making changes to the register of members of a self-regulatory organization, about termination of membership of an individual entrepreneur or legal entity in a self-regulatory organization can be sent to the relevant National Association of Self-Regulatory Organizations on paper or in the form of electronic documents (a package of electronic documents) signed by a self-regulatory organization using an enhanced qualified electronic signature.

4. A self-regulatory organization is obliged to provide, at the request of an interested person, an extract from the register of members of a self-regulatory organization within no more than three working days from the date of receipt of the specified request. The validity period of an extract from the register of members of a self-regulatory organization is one month from the date of its issue.

5. The form of an extract from the register of members of a self-regulatory organization is established by the supervisory authority over self-regulatory organizations.

Commentary to Art. 55.17 GrK RF

1. This article establishes the procedure for maintaining the register of members of the GrSRO. This article, as the researchers correctly note, was adopted in pursuance of the norms of the Civil Code of the Russian Federation on ensuring that GrSROs have access to information about their activities and the activities of their members and in accordance with general rules Art. 7 Federal Law “On Self-Regulatory Organizations”. It should be noted that the wording of Part 1, in force since July 4, 2016 (introduced by Federal Law of July 3, 2016 N 372-FZ), along with the general obligation to maintain a register of members, also stipulates the possibility for GrSRO to maintain a register of members of GrSRO consisting of a unified register of members of the GrSRO, subject to the placement of such a register on the website of the GrSRO on the Internet. In other words, we are talking about the possibility of merging databases in order to simplify the search and processing of information contained in these registers. Currently, such a combination of registers can be seen on the website of the Association “All-Russian non-governmental non-profit organization - all-Russian industry association of employers “National Association of Self-Regulatory Organizations Based on the Membership of Persons Carrying Out Construction” (NOSTROY). At reestr.nostroy.ru/ you can view the records that make up the SRO register (as of February 28, 2017, 278 such records were made), and at reestr.nostroy.ru/reestr records about members of various SROs are available, i.e. e. on legal entities and individual entrepreneurs (as of February 28, 2017, 226,865 such records were made).
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Egorov V.Yu., Shishelova S.A. Article-by-article commentary to the Town Planning Code of the Russian Federation dated December 29, 2004 N 190-FZ / Ed. A.V. Filatova. M.: ElKnigi, 2012.

2. As for the information that should be contained in the register of members of the GrSRO, its composition is determined by the Federal Law “On Self-Regulatory Organizations” and part 2 of the commented article. It has been established that the following information must be indicated in relation to each member of the GrSRO:

1) registration number of the member of the GrSRO, the date of its registration in the register;

2) information allowing to identify a member of the GrSRO:

a) last name, first name, patronymic, place of residence, date and place of birth, passport details, contact phone numbers, postal address, taxpayer identification number (for individual);

b) last name, first name, patronymic, place of residence, date and place of birth, passport details, contact phone numbers, TIN, date of state registration of an individual as an individual entrepreneur, OGRNIP, place of actual activity (for an individual entrepreneur);

c) full and (if any) abbreviated name, date of state registration of the legal entity, OGRN, location of the legal entity, contact telephone numbers, INN, last name, first name, patronymic of the person performing the functions of the sole executive body of the legal entity, and ( or) the head of the collegial executive body of a legal entity;

3) information about the compliance of a member of the GrSRO with the conditions of membership in the GrSRO provided for by the legislation of the Russian Federation and (or) internal documents of the GrSRO;

4) information on ensuring the property liability of a member of the GrSRO to consumers of the goods (works, services) produced by him and other persons, including information on the amount of contribution to the compensation fund (funds) of the GrSRO;

5) information about the results of inspections of a member of the GrSRO and the facts of application of disciplinary and other sanctions to him (if such inspections were carried out and (or) such penalties were imposed);

6) information on the date of termination of membership in the GrSRO and the grounds for such termination (in relation to persons who terminated their membership in the GrSRO);

7) a list of types of work that affect the safety of capital construction projects and for which the member of the GrSRO has a certificate of admission (from July 1, 2017, the wording of this paragraph is changing, we will be talking about information about the right of the member of the GrSRO to carry out engineering surveys accordingly , carry out the preparation of design documentation, construction, reconstruction, major repairs of capital construction projects under a contract for engineering surveys, preparation of design documentation, under a construction contract concluded using competitive contracting methods);

8) information about the suspension, renewal, refusal to renew or termination of the certificate of admission of a member of the SRO to a certain type or types of work that affect the safety of capital construction projects (valid until July 1, 2017);

9) information about the level of responsibility of a member of the GrSRO for obligations under a contract for the performance of engineering surveys, preparation of design documentation, under a construction contract, in accordance with which the specified member made a contribution to the compensation fund for damages (valid from July 4, 2016);

10). effective July 4, 2016).

It must be kept in mind that in judicial practice a position has developed that failure to enter information about a legal entity or individual entrepreneur into the register of members of the GrSRO can be regarded as the reluctance of the GrSRO itself to accept this entity as one of its members. The legal consequences of such inaction are obvious - the contributions received by the Group of SROs are recognized as unjust enrichment and are subject to return to the plaintiff (see Resolutions of the Federal Antimonopoly Service of the North-Western District of December 6, 2012 in case No. A56-15803/2012 and of August 7, 2013 in case No. A56 -65054/2012).

3. The commented article (part 3 - 3.2) defines the rules of information exchange that apply in cases where the legal status an individual entrepreneur or legal entity wishing to become or is a member of the GrSRO. General principle is that if there is an appropriate reason (the entry into force of a decision on admission to membership of the GrSRO, another decision regarding a member of the GrSRO, an application by a member of the GrSRO for voluntary withdrawal), the GrSRO has the obligation to make an appropriate entry in the register and post it on its website on the Internet the text of a decision. The law requires this to be done immediately, i.e. on the same day when a decision is made or an application is received from a member of the GrSRO. In addition, there is an obligation to inform the National Association about the above facts. The commented article determines that notifications can be submitted both in paper and electronic forms (if we are talking about paper documents, the period for submitting a notification is three days). For electronic form a strengthened qualified electronic signature is required, since the transmitted information (on the admission of an individual entrepreneur or legal entity as a member of the GrSRO, on making changes to the register of members of the GrSRO, on the termination of membership of an individual entrepreneur or legal entity in the GrSRO) is of particular importance and must be protected from unauthorized access and possible modifications.

4. The commented article (Part 4) establishes the obligation of the GrSRO to provide interested parties, upon their requests, with extracts from the register of members of the GrSRO within no more than three working days from the date of receipt of the request. At the same time, neither the circle of interested parties entitled to receive such an extract is determined (from which it is necessary to conclude that an interested person can be both an individual and a legal entity, as well as a subject of public law relations), nor the cost of services for the provision of such information (from which we can conclude that such provision is free). At the same time, it was determined that the form of an extract from the register of members of the GrSRO is established by Rostechnadzor (Part 5 of the commented article). Currently, Rostechnadzor Order No. 952 of September 24, 2010 “On approval of the form of an extract from the register of members of a self-regulatory organization” is in force. Before accepting this normative act the extract forms were approved by the State Regulatory Organization independently.

Actions related to the provision of information to interested parties are regulated by the internal documents of the GrSRO. For example, in accordance with the Regulations on information openness of the NP SROS "Builders of the Voronezh Region" (approved general meeting members of NP SROS May 29, 2014, protocol No. 17) information posted on the official website of the Partnership on the Internet information and telecommunications network:

- must be available to users around the clock for receipt, review and use, as well as for automatic (without human intervention) processing information systems, without charging a fee for viewing the information or otherwise using it and other restrictions;

- must be available to users without using software, the installation of which on the technical means of the information user requires the user to enter into a license or other agreement with the copyright holder of the software, which provides for charging the user a fee;

- must not be encrypted or protected from access by other means that do not allow the user to familiarize himself with the information with its contents without the use of other software; or technical means than a web browser. Access to information posted on the official website cannot be conditioned by the requirement for registration of users of information or their provision of personal data, as well as the requirement that they conclude licensing or other agreements;

— to view and receive disclosed information, it is not permitted to require entering passwords, sending SMS confirmations or messages in any other way;

— access to documents and information subject to mandatory posting on the official website of the Partnership cannot be conditioned by the requirement for registration of information users or their provision of personal data, as well as the requirement for them to conclude licensing agreements.

Information in the form of text is posted on the official website of the Partnership in a format that makes it possible to search and copy text fragments using a web browser (“hypertext format”). Information is posted on the official website in Russian.
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URL: srosvo.ru/files/025.pdf (access date: 02/28/2017).

Thus, up-to-date information, the need for placement of which on the website of the State Registration Service is stipulated by the Civil Code of the Russian Federation, can either be provided to interested parties in the form of a separate extract, or received directly when visiting the specified website. In this sense, the norm of part 4 of the commented article is not entirely clear, stating that the validity period of an extract from the register of members of the GrSRO is one month from the date of its issuance (after the specified period it is necessary to request a new extract), given that the most up-to-date information You can always track it on the organization’s website.

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← Article 55.16-1. Placement of funds from the compensation fund for compensation of harm and the compensation fund for securing the contractual obligations of a self-regulatory organization in credit institutions, investment of funds from the compensation fund for compensation of harm from a self-regulatory organization

A self-regulatory organization, on the day it receives an application from a member of a self-regulatory organization for voluntary termination of his membership in this organization, enters into the register of members of the self-regulatory organization information about the termination of membership of an individual entrepreneur or legal entity in a self-regulatory organization and within three days from the date of receipt of the said application on paper or on the same day if it is received in the form of an electronic document (package of electronic documents), sends a notification about this to the relevant National Association of Self-Regulatory Organizations. 3.2.

Amendment to Part 1 of Article 55.21. || Clause 2.1 of part 3 of article 55.21 is set out in new edition. || Addition of Article 55.21 with part 5. || Amendment to paragraph 2 of part 5 of article 60. || Addition of part 5 of article 60 with clause 2.1. || Amendment to paragraph 1 of part 11 of article 60. || Addition of Part 11 of Article 60 with paragraph 1.1. Edition dated July 21, 2014 Addition of articles 46.5 - 46.8.

|| Addition of chapter 6.3. Edition dated June 28, 2014 Amendment to paragraph 9 of part 1 of article 48.1. || Changing the name of Article 49. || Amendment to Part 6 of Article 49. || Change of paragraph one of part 6.1 of article 49. || Amendment to paragraph 1 of part 6.1 of article 49. || Amendment to Part 6.3 of Article 49. Edition dated 05/05/2014 Addition of Article 1 with clause 26.
|| Amendment to paragraph 2 of part 2 of article 8. || Addition of Article 15 with paragraph 1.1. || Change of part 2 of article 20. || Amendment to Part 3 of Article 24. || Parts 4 - 6 of Article 24 are excluded. || Addition of chapter 3.1.

Article 55.17. maintaining a register of members of a self-regulatory organization

Addition of Part 8 of Article 55.20 with paragraphs 7 - 9. || Addition of Article 55.20 with part 8.1. || Part 10 of Article 55.20 is set out in a new edition. || Addition of article 55.20 with part 11. || Addition to Article 55.21-1. || Clause 2 of Part 3 of Article 55.22 has been deleted. || Clause 6 of Part 3 of Article 55.22 has been deleted. || Amendment to paragraph 8 of part 3 of article 55.22. || Addition of part 3 of article 55.22 with clause 9.2. || Part 2 of Article 55.23 is set out in a new wording. As amended on October 22, 2014 (effective from November 15, 2014) Amendment to Part 1 of Article 32.

|| Addition of Article 63 with part 4.1. Edition dated October 22, 2014 Amendment to Part 8 of Article 55.16. || Amendment to part 4.1 of article 55.18. || Part 2 of Article 55.20 is set out in a new edition. || Part 2.1 Article 55.20 is set out in a new wording. || Amendment to Part 5 of Article 55.20. || Amendment to Part 5.2 of Article 55.20. || Amendment to paragraph 6 of part 8 of article 55.20.

Article 55.17 of the Civil Code of the Russian Federation. maintaining a register of members of a self-regulatory organization

Paragraph one of part 1 of part 1 of Article 55.5 is set out in a new edition. || Addition of Article 55.6 with parts 9 - 10. || Part 7 of Article 55.8 is set out in a new edition. || Amendment to Part 14 of Article 55.8. || Amendment to paragraph 7 of part 15 of article 55.8. || Amendment to Part 18 of Article 55.8. || Addition of Article 55.8 with parts 19 - 20. || Amendment to paragraph 1 of Article 55.10. || Amendment to paragraph 12 of Article 55.10. || Amendment to Part 3 of Article 55.11. || Amendment to Part 8 of Article 55.16. || Part 3 of Article 55.17 is set out in a new edition. || Amendment to Part 3.1 of Article 55.17. || Part 4 of Article 55.18 is set out in a new edition. || Part 6 of Article 55.18 is set out in a new edition. || Part 3 of Article 55.19 is set out in a new edition. || Amendment to paragraph 2 of part 4 of article 55.19. || Part 7 of Article 55.19 has been deleted. || Addition of Article 55.19 with parts 9 - 13. || Amendment to Part 1 of Article 55.20.

An error occurred.

SRO for a certain type or types of work that affect the safety of capital construction projects (valid until July 1, 2017); 9) information about the level of responsibility of a member of the GrSRO for obligations under a contract for the performance of engineering surveys, preparation of design documentation, under a construction contract, in accordance with which the specified member made a contribution to the compensation fund for damages (valid from July 4, 2016); 10). effective July 4, 2016).
A self-regulatory organization, on the day it receives an application from a member of a self-regulatory organization for voluntary termination of his membership in this organization, enters into the register of members of the self-regulatory organization information about the termination of membership of an individual entrepreneur or legal entity in a self-regulatory organization and within three days from the date of receipt of the said application on paper. or on the same day, if it is received in the form of an electronic document (a package of electronic documents), sends a notification about this to the relevant National Association of Self-Regulatory Organizations. 3.2.
Internet", enters into the register of members of a self-regulatory organization information about the admission of an individual entrepreneur or legal entity to membership in a self-regulatory organization, and sends a notification of the decision made to the National Association of Self-Regulatory Organizations, of which it is a member. If a different decision is made in relation to a member of a self-regulatory organization, on the day such a decision is made, the self-regulatory organization places such a decision on its website on the Internet, enters into the register of members of the self-regulatory organization the relevant information regarding such member of the self-regulatory organization, or makes changes to the information contained in the specified register, and sends a notification of the decision to the relevant National Association of Self-Regulatory Organizations.
(Part 3 as amended by Federal Law dated July 3, 2016 N 372-FZ) (see.
A self-regulatory organization, on the day it receives an application from a member of a self-regulatory organization for voluntary termination of his membership in this organization, enters into the register of members of the self-regulatory organization information about the termination of the certificate of admission issued to such a member for a certain type or types of work that affect the safety of capital construction projects , and within three days from the date of receipt of the said application sends a notice of termination of this certificate to the National Association of Self-Regulatory Organizations. Upon receipt of this information, the National Association of Self-Regulatory Organizations forwards it to the supervisory authority for self-regulatory organizations.
4.
A self-regulatory organization is obliged to maintain a register of members of the self-regulatory organization. The maintenance of such a register can be carried out as part of a unified register of members of self-regulatory organizations, provided that the self-regulatory organization places such a register of members of the self-regulatory organization on its website on the Internet.
(as amended by Federal Law No. 372-FZ of July 3, 2016) (see text in the previous edition) 2. In the register of members of a self-regulatory organization, along with the information provided for by Federal Law No. 315-FZ of December 1, 2007 “On Self-Regulatory Organizations” ", the following information must be contained in relation to each of its members: (as amended by Federal Law dated 06/07/2013 N 113-FZ) (see text in the previous edition) 1) no longer in force. — Federal Law of June 7, 2013 N 113-FZ; (cm.

In the old edition 55 17 of the town planning code of the Russian Federation

Internet", enters into the register of members of a self-regulatory organization information about the issuance of this certificate to a member of a self-regulatory organization and sends a notification of the issuance of this certificate to the relevant National Association of Self-Regulatory Organizations. On the day the relevant decision is made, the self-regulatory organization posts on its website on the Internet, enters into the register of members of the self-regulatory organization information about changes to this certificate, about suspension, renewal, refusal to renew or about termination of this certificate and sends it to notification of the decision made to the relevant National Association of Self-Regulatory Organizations.


Upon receipt of such information, the National Association of Self-Regulatory Organizations forwards it to the supervisory authority for self-regulatory organizations. 3.1.

1. A self-regulatory organization is obliged to maintain a register of members of the self-regulatory organization. The maintenance of such a register can be carried out as part of a unified register of members of self-regulatory organizations, provided that the self-regulatory organization places such a register of members of the self-regulatory organization on its website on the Internet.

2. The register of members of a self-regulatory organization, along with the information provided for by Federal Law of December 1, 2007 N 315-FZ “On Self-Regulatory Organizations,” must contain the following information in relation to each of its members:

1) has become invalid. - Federal Law dated 06/07/2013 N 113-FZ;

2) information about whether a member of a self-regulatory organization has the right to respectively carry out engineering surveys, prepare design documentation, construction, reconstruction, major repairs, demolition of capital construction projects under a contract for engineering surveys, preparation of design documentation, under a construction contract, under a contract demolition contracts concluded using competitive contracting methods;

4) information about the level of responsibility of a member of a self-regulatory organization for obligations under a contract for engineering surveys, preparation of design documentation, under a construction contract, under a demolition contract, in accordance with which the specified member made a contribution to the compensation fund for damages;

5) information on the level of responsibility of a member of a self-regulatory organization for obligations under contract agreements for the performance of engineering surveys, preparation of design documentation, under construction contracts, under contract agreements for demolition, concluded using competitive methods of concluding contracts, in accordance with which the specified member entered contribution to the compensation fund for securing contractual obligations.

3. On the day the decision of a self-regulatory organization to admit an individual entrepreneur or legal entity as a member of a self-regulatory organization comes into force, the self-regulatory organization places such a decision on its website on the Internet, enters information about the admission of an individual entrepreneur or legal entity into the register of members of the self-regulatory organization. members of a self-regulatory organization sends a notification of the decision to the National Association of Self-Regulatory Organizations, of which it is a member. If a different decision is made in relation to a member of a self-regulatory organization, on the day such a decision is made, the self-regulatory organization places such a decision on its website on the Internet, enters into the register of members of the self-regulatory organization the relevant information regarding such member of the self-regulatory organization, or makes changes to the information contained in the specified register, and sends a notification of the decision to the relevant National Association of Self-Regulatory Organizations.

3.1. A self-regulatory organization, on the day it receives an application from a member of a self-regulatory organization for voluntary termination of his membership in this organization, enters into the register of members of the self-regulatory organization information about the termination of membership of an individual entrepreneur or legal entity in a self-regulatory organization and within three days from the date of receipt of the said application on paper. or on the same day, if it is received in the form of an electronic document (a package of electronic documents), sends a notification about this to the relevant National Association of Self-Regulatory Organizations.

3.2. Notifications about the admission of an individual entrepreneur or legal entity to membership in a self-regulatory organization, about making changes to the register of members of a self-regulatory organization, about termination of membership of an individual entrepreneur or legal entity in a self-regulatory organization can be sent to the relevant National Association of Self-Regulatory Organizations on paper or in the form of electronic documents (a package of electronic documents) signed by a self-regulatory organization using an enhanced qualified electronic signature.

4. A self-regulatory organization is obliged to provide, at the request of an interested person, an extract from the register of members of a self-regulatory organization within no more than three working days from the date of receipt of the specified request. The validity period of an extract from the register of members of a self-regulatory organization is one month from the date of its issue.

5. The form of an extract from the register of members of a self-regulatory organization is established by the supervisory authority over self-regulatory organizations.