Pavel Davydov: Dmitry Medvedev approved the Rules for public control over the activities of enterprises in the housing and communal services sector. According to the head of the Cabinet of Ministers, the purpose of the document is to increase the transparency and efficiency of the work of state structures. "The housing sector worries everyone, and there are enough violations and abuses in it," Medvedev said. In turn, Deputy Prime Minister Dmitry Kozak noted that now a variety of public organizations are actively trying to participate in monitoring the activities of management companies, resource-supplying organizations and local governments. And the new government decree will help make this process more efficient.
The guest will help us to clarify the essence of the adopted document and assess the current situation in the housing and communal services sector " big country"- a member of the ONF working group "Quality Everyday life Pavel Zhbanov.
Pavel Anatolyevich, hello. Why do you think the housing sector, despite the measures taken, has been one of the most resonant and problematic in the country for many, many years?
Pavel Zhbanov: I think that the housing sector has been, is and will be the most resonant, because ...
P.D.: Despite everything?
P.J: Nothing. Because it is life support, it is the quality of life of our citizens. And it will always be in the spotlight.
P.D.: But we have so many problems in this area that sometimes the hairs stand on end, how local authorities fail to cope with the situation in the housing and communal services sector.
P.J: Let's be fair...
P.D.: Come on.
P.J: And to understand that as of 2012, VTsIOM noted that the biggest problematic area in life, according to citizens of the country, was housing and communal services. She was number one. To date, the dynamics of this statistics is changing, and housing and communal services as a problem no longer ranks first. But I absolutely agree with you - problems with paying for housing utilities, the problems associated with the resource supply of residents, moreover, and the problems associated with the safety of life and activity today are quite a lot. And the problem during the heating period also remains a problem.
P.D.: And in a separate red line - dilapidated housing stock, which is talked about so much.
P.J: And decrepit housing stock. The list of problems, no doubt, is quite long. And we, too, absolutely clearly understand that this is not a momentary problem, but an accumulated one.
P.D.: Yes, it has been accumulated for decades, of course.
P.J: And we must admit, nevertheless, that today the state and the executive branch are taking quite serious steps that have already led to certain results. After all, we have talked about the program of resettlement from dilapidated emergency housing before, but only talked about it. Today's results speak of dynamics. People are really moving out of dilapidated emergency housing. There are also problems there, we also raise them. Including the All-Russian Popular Front, it also controls all ongoing programs related to the quality of people's daily lives in order to ensure that all this is implemented effectively. But once again I will return to the original moment, which we talked about. Positive dynamics, including the resettlement of citizens, it already exists.
P.D.: Part of the positive dynamics, in my opinion, is connected with public control, which we will talk about today. New rules have been approved. In this regard, what will change, in your opinion?
The mechanisms for the implementation of public control in the housing sector are now spelled out in special resolution– not only who has the right, but also how this right should be exercised
P.J: First of all, public control will be streamlined. After all, the very concept of social control is not new to us. In the Housing Code, from the point of view of the requirement for control and supervision activities, there was a requirement for public control. We have a separate federal law, according to which the Public Chamber and territorial public chambers also conduct public control. We have the All-Russian People's Front, which also implements the functionality of public control over the implementation of the President's instructions Russian Federation. Why and why is this decision needed then? The functionality is public control, but the streamlining of the implementation of this function of public control has not yet been settled. What is meant? There is no doubt who can exercise public control - it is prescribed in the legislation and so. And today we have not only the Public Chamber, not only the All-Russian Popular Front. There is even a non-profit partnership, NP ZhKKH Control, which also exercises control. And territorial subdivisions of NP "ZhKH Control" exist in every subject of the Russian Federation. In the city of Moscow, for example, a city commission on public control over the sphere of housing and communal services. But it is precisely the mechanisms for implementing public control that are now spelled out in the resolution - not only who has the right, but also how this right should be exercised.
P.D.: Maybe we can briefly talk about it? Because it's very important.
P.J: The first position, in my opinion, which is quite important. The fact that the subjects of public control can be public organizations - yes. The fact that these public organizations, in accordance with this resolution, involve public experts is also true. Here I would just point out one "but" with a stroke: the public experts who are now involved must document the level of their qualifications in the field of housing and communal services.
P.D.: That is, to get away from emotions and move on to cold calculation - it turns out like this.
P.J: You know, you will never be able to get away from emotions in the sphere of housing and communal services. We will always be quite emotional, because when it is cold in the apartment in severe frosts ...
P.D.: Yes, it's not funny anymore.
P.J: To absolute calculation you definitely won’t be able to cross and emotions will prevail. But within the framework of this resolution, we clearly understand this vector, which is absolutely correct. And who are the judges? Because when public control is carried out, then the people who control professionals should also understand, including how at least the tariffing differs from housing and communal fees, in terms of resource supply and housing and communal services. There are a lot of terminological even things that need to be understood in order to talk with a controlled person in at least one terminological language.
"Trust but verify". The Rules of public control over the activities of housing and communal services have been approved. Our guest is Pavel Zhbanov, a member of the ONF working group "Quality of Everyday Life".
P.D.: When this document appeared, some bloggers were somehow skeptical about it. They believe that this document will reduce the number of social activists who will control the housing and communal services sector. Do you share this point of view? In connection with the fact that it will be necessary to confirm this very qualification. And where can I get it when the grandmother from the next entrance simply cannot have it? And she, by the way, closely monitors the housing sector. She has nothing else to do.
P.J: This is where I would also start laying everything out a little bit on the shelves. I can't share or not share, because I don't understand what is behind this when they say that this will narrow the scope of public control. You know, the points are actually bipolar.
P.D.: And that's good.
P.J: Some believe that public control is operating too widely on a large front, and they say: "There is no time to work." Others say, on the contrary, that not everyone is involved in public control yet. Let's just set goals. After all, we do not have the task of having everyone control the sphere of housing and communal services. But at the same time, we are talking about creating the necessary conditions for a transparent segment. Every citizen of our country, being a consumer of housing and communal services, must undoubtedly have those mechanisms and opportunities when he says: "This does not suit me." And through the segment of public control within the framework of both the resolution and the Housing Code, today citizens are provided with absolutely all opportunities. These are the planned inspections, according to which today, undoubtedly, every citizen of the Russian Federation can apply to a public organization and say: "Here, he passed all the instances in the authority." And, by the way, we encounter more than once in the Popular Front, even in terms of recognizing housing as emergency. There a big problem. Citizens very many times and in in large numbers iterations apply to the authorities, and things are still there.
Now there are all mechanisms of public control, when a citizen can apply to a public organization that implements the functionality of public control. Undoubtedly, this public organization, when exercising public control, will pay attention to those nuances that are mentioned, and the involved public experts, who are professional (once again, I pay attention - professional), can definitely find the reasons for the flaws that citizens are talking about .
Moreover, in accordance with the Decree of the Government of the Russian Federation on public control, both municipal, and subject, and federal authorities must absolutely fully respond to those documentary instructions based on the results of public control, including the Prosecutor General's Office.
P.D.: Well, it's all in big cities. And what about the inhabitants of the numerous villages of the Big Country? After all, there, probably, there is no time for public control.
P.J: Undoubtedly. Settlements, rural settlements, too, today should be affected, and within the framework of the legislation, not by a horticultural partnership. And people live there, and citizens of the Russian Federation live there. And subjectively, I think, in my opinion, that 2017 should, among other things, bring certain changes to the legislation and regulations regarding such settlements, in which there is also a resource supply, and the Housing Code should be fully functional in relation to them.
P.D.: In a number of regions, control by social activists has been going on for a long time. Could you give examples, effective examples of such work?
P.J: The All-Russian Popular Front, for example, in the city of Moscow today, based on the results of citizens' appeals and certain steps taken by the regional branch of the All-Russian Popular Front - in the city of Moscow, the Moscow authorities refused to build shopping center in the yard, surrounded by apartment buildings, because it would really lead to a certain discomfort. And as you perfectly understand, the refusal to build a shopping center is a rather serious result, which, including the regional branches of the All-Russian Popular Front, really shows it as a result, an achievement of 2016.
P.D.: But this is probably still an isolated case, if we take our country as a whole.
P.J: You know, I will not agree with you about singularity, because public control organizations ... As I initially said, there is a non-profit partnership "Housing and Public Utilities Development". It has territorial branches in each subject of the Russian Federation. The All-Russian Popular Front has regional branches in each subject. The Public Chamber of the Russian Federation has its own territorial bodies in each subject. It is possible, no doubt, to speak of a certain effectiveness of individual (as is now the decree) public experts in the implementation of the tasks of public control. But in general, about such a vector as public control, that it is very targeted and isolated today - I would not agree with you here.
P.D.: Your expert opinion is needed on another important point. The Prime Minister also signed a decree on the transfer from January 1 of general house expenses for utilities in apartment buildings into payment for the maintenance of residential premises. In your opinion, how will this increase transparency?
P.J: On the one hand, no doubt, the step is quite positive. And residents today absolutely clearly understand that payment for electricity, in particular, for general house needs ... They now see this number in a single payment document they regulate it. But there is another side to this coin. Previously, general house needs were included in the segment of utility payments. We have a single payment document divided into housing services and utilities. So, our utility bills are charged. And in every subject of the Russian Federation there are regional energy commissions, for which each resource-supplying organization defends an economically justified tariff. And in this part, despite the fact that there are also many questions about tariffing, it was regulated by the state.
Not everyone in the Russian Federation should become professionals in the housing sector. But is the knowledge of the owner sufficient in apartment building to evaluate what has become transparent?
Today, we are again forced to return to the professionalism of the owner, who will now control ... Yes, it is transparent. But is the owner qualified enough? I do not take professionalism. Here, certainly, everyone in the Russian Federation should not become professionals in the field of housing and communal services. But is his knowledge (of the owner in an apartment building) enough to evaluate what has become transparent?
P.D.: Well, in a word - trust, but verify. This is how we set the topic for this discussion. And a recent poll showed that, in the opinion of Russians, the housing and communal services sector should be based on three main pillars: sustainability, efficiency, and transparency. Today we realized that we are still far from the goal, but we are moving smoothly towards it. How far can this "smoothly" stretch - for a year, for two, for decades - in your opinion?
P.J: Today, the Government of the Russian Federation has approved the Strategy for the Development of Housing and Communal Services until 2020. Therefore, in answering diplomatically again to your question, at least at the turn of 2020, let's check with what is written in the development strategy. If we achieve the goals that are fixed there, it will definitely be a positive trend.
P.D.: Pavel Anatolyevich, thank you very much for this diplomatic conversation.
In any case, we all need to be guided by a simple rule: trust, but verify. Maybe then we will be able to achieve a positive result, and the housing and communal services sector will become transparent, efficient and sustainable. Pavel Zhbanov, a member of the ONF working group "Quality of Everyday Life", was our guest. And I will add that at the end of today's issue in our section "Digital Format" we will present to your attention the rating of regions in terms of the implementation of the program overhaul compiled by ONF.
Pavel Zhbanov, rector of the Academy of the Ministry of Construction of Russia: "We need trained personnel of higher qualification - both workers and personnel with secondary vocational education. Secondary vocational education now exists as education for mid-level specialists, as well as through training programs for skilled workers. And I would like to draw special attention to this: highly qualified workers receive a diploma of secondary vocational education from us. This is a demand of the country's economy"
Some time ago, information appeared that the Russian government seriously thought about the need to pay more attention to the training of mid-level specialists in construction, industry, and management. And without this, it will not be possible to achieve significant breakthroughs in production. How can the Academy of the Ministry of Construction of Russia help the state? Pavel Anatolievich Zhbanov, - rector of the Academy of the Ministry of Construction, - guest of our program ...
Pavel Zhbanov: The Academy provides training at various levels of vocational education. To a greater extent, we deal with issues of professional retraining and advanced training of specialists with higher education and specialists with secondary specialized education. In 2009, the former training and course complexes of the Gosstroy of Russia in Ryazan, Yekaterinburg, Novokuznetsk were attached to the Academy as branches, Nizhny Novgorod, where these plants were focused on the training of workers and professional retraining.
Despite the fact that we mainly work with specialists with higher professional education, it is in the branch network that a serious direction is developing - retraining and advanced training of specialists with secondary specialized education.
- But do new technologies make it possible to bring at least some acceptable form of housing stock, which in many cases is in a very deplorable state?
Pavel Zhbanov: We began the debate on this issue with the need for trained personnel of higher qualifications - both workers and personnel with a secondary vocational education. I would like to draw your attention to the cardinal change that has taken place with the release of the new law on education. If we turn to this law, we will see that secondary vocational education now exists. as education for mid-level specialists, as well as secondary vocational education in training programs for skilled workers. And I would like to pay special attention to this. Today, our highly skilled workers receive a diploma of secondary vocational education (earlier, only primary vocational education was mentioned).
There are requests from the country's economy for highly qualified workers, and they are being implemented through the system of new education that we are building. And the approach of the education system to the need to provide high-tech personnel for an economic breakthrough is absolutely adequate. And if in domestic economy Today, seventy-one million people are employed, among them there are thirteen million workers who have been trained in training programs for highly qualified specialists. At the same time, there are twenty-two million specialists with higher education, and eighteen million middle-level specialists.
Of course, the ratio is insufficient - I understand that there is a bias. But there is a tendency to increase highly qualified workers in the country's economy, and this is undoubtedly a positive trend...
President of the Institute of Investment Specialists of the Higher School of Economics on sold asphalt, burst pipes and a bright future for housing and communal services
- Pavel Anatolyevich, why do you think the housing and communal services sector, despite the measures taken, has been one of the most resonant and problematic in the country for many years?
- The housing and utilities sector has always been, is and will be resonant and problematic. But we must pay tribute - there is a positive trend. It is absolutely obvious, even looking from a territorial and climatic point of view, that the housing and communal services of the Russian Federation have no analogues in the world! Imagine - the length of only thermal utility networks is 2.5 times greater than the length of Russian railways. Therefore, when populist politicians say “let's use the experience of other countries”, then you need to understand that not a single country in the world has experience in operating such extended centralized life support systems in a harsh climate. When the temperature drops to -5 degrees in France, it's a communal collapse. And here in some regions it can reach minus 60. If we talk about America, then they have a significant part of the housing stock of frame, collapsible modifications. How can this be compared with our country? Our housing and communal services are fundamental. Yes, there were not isolated situations of failure, when repairs were not completed on time engineering networks led to collapse in some regions. It is important to remember that in some regions wear engineering systems about 90% and they need to be changed. But this requires investing about 13 trillion rubles in housing and communal services. And there is no such money in the budget now. Therefore, one of the main tasks today is to ensure an influx of investments and create an investment climate for private capital to enter the housing and public utilities sector.
- It seems to me that this is a very difficult and slow process ...
Yes, difficult. But, the country has already begun a "big repair" of the housing stock - more than 700 thousand residential buildings, with an annual volume of collected Money at 160 billion rubles. Yes, people have absolutely justified complaints about the quality of work, and there is still a lot to be done in this part. Now, private business is slowly starting to enter the public infrastructure in the form of concession agreements. And here it is important to build a model that will lead to a socially oriented business. After all, people are already stressed because of high utility bills. The recent situation in Novosibirsk has confirmed this. Therefore, when heating networks and water utilities are now being transferred to concessions, the municipal authorities are worried about main question- ensuring tariffs for communal resources that do not lead to social explosions. After all, there were cases when, after the transfer of infrastructure facilities for concession communal payments increased by 3 times! And what is happening with the former military camps is a deplorable picture in general!
- Heard that there is a huge problem with the former military camps?
Very big. The fact is that the management of the housing stock of the Moscow Region has undergone drastic changes over the past 5-6 years. And the main problem now is in the vacated military camps, which the army no longer plans to use, and they are being transferred to the municipalities. In 2017 alone, about 120 military camps are to be transferred, and this, you see, is a staggering figure ... Within the framework of the existing Housing Code, we have been building the country's housing management system for more than 12 (!) years and work for years to come. And here is the army, which has always lived according to its canons of government. Yes, there are military camps! Recently, in Moscow, they went on a raid - this was the first time in my practice when the military turned to the ONF - a hostel for the military on Hospital Lane. So, because of the monstrous state of the building, the house was disconnected from the gas a year ago. From the point of view of the gas service, everything is correct - they must prevent the explosion of the building. But where is the Department of Housing Maintenance of the Moscow Region looking, instead of joining in solving the problem, in response to the military’s appeals, it writes that since they do not own 100% of the building, the Capital Repair Fund of Moscow should do the overhaul. Services bicker, and people sit for a year without gas! At the same time, the consumption of electricity has sharply increased up to the overload of the network, since the heaters are connected. And this is in Moscow!
- What is going on in the regions in this case?
A few years ago, I came with my son to the Dubrovo garrison, where I once served, and was shocked. In this once exemplary part of Slavyanka, they removed and sold all the asphalt from the parade ground and access roads. Now they have put things in order and the roads have been restored. But there is a common problem for military camps - nothing is being done in terms of compliance with the Housing Code (LC) for military personnel, whose camps are now being transferred to municipalities. Their apartments are not privatized, no one concludes a social contract with them, but at the same time they constantly receive and pay bills from management company. And even two companies at once! As they explain - "there was a change of management companies." Yes, they did not see them in the eye. No one provided the military personnel with a management agreement, nor did they provide utility bills. The military receives letters that their buildings have been transferred to another resource supply company. Why did this happen? There, a single resource company has been supplying this town for more than 50 years. What suddenly new networks were laid, or what? People are outraged that they do not understand the current situation and feel deceived... Previously, the military lived in towns in service apartments and no one thought about the housing code, they lived according to the Charter. Retired? Instead of a service apartment, get your own housing in the nearest city. Now the military has found itself in a different paradigm - they have served 25-30 years and now they have to figure out what "social hiring" is, what a "management company" is. They receive payments and pay for the overhaul of buildings, although they should not do this if they are not the owners. If the buildings are under the jurisdiction of the Ministry of Defense, then the Ministry of Defense must pay for the overhaul. If it is now municipal housing stock, then the municipality must pay for the repairs. But municipalities are not interested in accepting military camps on their balance sheet ...
That is, they remain homeless ...
To date, about 20 acts of transfer (out of 120) of military camps to the jurisdiction of municipalities have been prepared. The remaining 100 towns are between heaven and earth. They have already been abandoned, but not yet accepted for balance. But at the same time, payments from two or even three management companies are already coming! The fact is that no one has ever been engaged in housing education in military camps. It turns out that people are brazenly fooled! They gave 30 years of their lives to serve the Motherland, and now they are being robbed because the military does not understand anything in the housing and communal services. And you need to know that according to the housing code, a management company report on spending should be carried out once a year. Every year, tenants must approve an estimate for the maintenance and repair of the building for the current year, which is an annex to the management agreement. Residents should understand how their utility bills are calculated, by what method ...
- And what to do in such a situation? People cannot cope on their own, they have neither experience nor education in this matter.
The first decision that lies on the surface, although not the most effective, is to conduct an educational program in the garrisons on the topic housing. For 120 towns, this can be done. They themselves are in housing code will not understand, so they need to explain all the important points. Secondly, until the transition to the balance of the municipality, the military camps are de jure under the jurisdiction of the Ministry of Defense and the operation of the untransferred housing stock should be carried out by the management of the ZhF MO operation without any change of shifts of the Criminal Code. Complete tasks up to one milestone first. And then at the same time with the signing of the act of transfer, inform people where they will now need to apply. It will not be a problem to do this at 120 points - there would be interest. In any case, officers must know what to do, how everything should go right and who to contact in case of “unsolvable” problems.
- Is there an address and phone number of the organization where they need to contact?
There is. This is the State Housing Authority. By virtue of the LCD, putting things in order in all aspects of housing and communal services is given to housing inspections. Now everything has been put under their jurisdiction - from control over the holding of general meetings of owners, the choice of a management company, the correctness of the accrual of CG, the order of getting into the Capital Repair program. Moreover, according to Article 20 of the LCD, the duty of the housing inspectorate is to demand strict compliance with housing legislation from the heads of municipalities. In fact, the housing inspector can write out an order, the second, the third, and then apply for disqualification of the mayor of the city for failure to comply with the LCD. It's just that not everyone knows that the housing inspection is endowed with such powers and they turn to the municipality. And it is unprofitable for the municipality to deal with emergency buildings. As soon as such a house is accepted by the interdepartmental commission as emergency, then, in accordance with the law, it must be resettled within a month. And there is no replacement fund! They didn't do it on time - the prosecutor's office will come and the mayor will be punished for non-compliance ... Therefore, the military must contact the housing inspection - the result is practically guaranteed! The fact is that the federal vertical has been built. Each subject of the federation has its own inspection and there is a chief housing inspector of the country, on which all housing inspections of the subjects close. We have used this algorithm many times.
- There is also an extremely acute problem for military camps with preparations for the heating season, which has been going on for 4-5 years and is not really being solved ...
This is an objective thing. If the system is worn out, then with a high degree the likelihood of the pipes blowing up, if not this season, then the next one. Therefore, an important task that the authorities are solving is the replacement of engineering networks and communications in the house, as well as external engineering systems. There is important point which is not spoken about. The fact is that when we talk about wear and tear of networks, we mean wear and tear on accounting. A technical inventory of networks is needed in order to understand the real state of affairs. Technologies for how to do this already exist, but it is easiest for management companies to carry out “planned preventive work”. As I have already said, a large amount of housing and infrastructure funds is subject to repair, and the state does not have enough money in such a volume. Therefore, it is necessary to look from the point of view of reducing the tax burden on how to attract investors to the housing and communal services sector ...
- ... that is, it is necessary for private companies to come and take on this headache ...
Yes exactly. A big plus for them is that business in housing and communal services is absolutely guaranteed - payments from citizens are always received. Our payment for utilities is about 90%, and debts from individuals Hardly ever. Only companies have debts now. And this is a guarantee of return of funds for investors. Alas, the investment environment itself has not yet been created in our regions. It's no secret that it often happens that a new governor comes to power and all the rules of the game change immediately. Therefore, businessmen are afraid that the investment costs are billions, and not every investor is ready to take risks just like that. Therefore, a working group has now been organized to create an investment climate in the housing and communal services, and this issue will be discussed at the State Council. As for this heating season, there will certainly be some improvements, but not fundamental ones. Because first we need to modernize the infrastructure, modernize the housing stock and do it comprehensively, in a single system. Otherwise, you upgrade the CHP, but do not carry out energy-efficient repairs around the house and all the energy you produce will heat the street. Because I repeat: housing and communal services are a thing system analysis, system solutions and the continuity of the ZhF and communal infrastructure.
- What do you think, how much time will it take to put things in order in the complex housing and communal services system?
The word "order" is very relative. I would talk about the smooth operation of the system as a system as a whole. The trend is absolutely positive, but we need another 5 years. Recently, the Ministry of Construction of the Russian Federation announced that it is planned to switch to new types of services in heating systems and that hot water shutdowns in summer should not exceed 3 (!) days. And in order to ensure this period, a whole technical revolution is required, and the Ministry of Construction takes three years to carry it out! Most of the problems in housing and communal services we have for heating, and the second - for the quality of water. If we move the heating situation, then it’s already great. Now very actively work is being carried out on the housing stock. Just think about it, 4,000 houses are overhauled in Moscow every year. This is a colossal volume. And in order to move on to systemic transformations, we need trained personnel. And now they are gone! In the 1930s, the Academy of Public Utilities was created and successfully operated, which was later closed. But now everything will slowly start to recover, because this system is interesting both from the point of view of management and from the point of view of a career. What parents would not send their child to be trained as a "city manager"? Therefore, we at the Higher School of Economics are now embarking on the Higher School of Urban Economics project in order to form a knowledge system and also train teachers. Based on current needs, about 5,000 teachers are needed throughout Russia. We have now agreed (Ministry of Construction and the authorities of the subjects of the federation) that the system needs to be recreated. Each subject should have a university in urban economy or at least a department. Then there will be no problems with heating, and the military camps will be in perfect order.
How do you feel about the rejection of self-regulation and the return of the institution of licensing in the construction industry?
From 04/07/2017 to 05/12/2017
For maintaining self-regulation as it currently exists 0% (0)
For maintaining self-regulation, subject to fundamental changes 0% (0)
For the return of licensing, in the form in which it existed before 2009 0% (0)
For using two mechanisms at the same time: licensing and insurance 0% (0)
For abandoning self-regulation and introducing an insurance mechanism 0% (0)
For the rejection of any regulatory mechanisms in the construction industry 0% (0)
Question: Can a foreign company join an SRO in the construction industry without registering a branch of a foreign company with the Federal Tax Service?
Despite the fact that the Town Planning Code of the Russian Federation explicitly states that foreign legal entities (foreign companies) can join SROs of builders, designers and surveyors, and does not indicate the need to register a branch or representative office of a foreign legal entity in Russia (Art. 55.6 of the City Code - foreign companies are indicated), self-regulatory organizations are guided by the norms when admitting members federal law"About foreign investment in the Russian Federation” dated July 9, 1999 No. 160-FZ, where in paragraph 3, art. 4 indicates the need for accreditation of a branch or representative office of a foreign company in Russia in order to carry out commercial activities.
We quote: “A foreign legal entity whose purpose of creation and (or) activities are of a commercial nature and which bears property liability for the obligations assumed by it in connection with the implementation of the specified activity on the territory of the Russian Federation (hereinafter referred to as the foreign legal entity) has the right to carry out activities on territory of the Russian Federation through a branch, representative office from the date of their accreditation, unless otherwise provided by federal laws. A foreign legal entity terminates its activities in the territory of the Russian Federation through a branch, representative office from the date of termination of the accreditation of the branch, representative office.
Day of accreditation of a branch, representative office of a foreign legal entity or changes to the information contained in state register accredited branches, representative offices of foreign legal entities, which is information system(hereinafter also referred to as the register), or the termination of the accreditation of a branch, representative office of a foreign legal entity, the day of making the corresponding entry in the register is recognized. (Clause as amended by Federal Law No. 106-FZ dated 05.05.2014)"
Question: Is it possible to return the contribution to the compensation fund?
Answer: In accordance with Part 4 of Art. 55.7 of the Town Planning Code of the Russian Federation, a person who has terminated membership in a self-regulatory organization shall not be refunded a contribution to the compensation fund, unless otherwise provided.
By "other" is meant certain cases described in Art. 3.2 Federal Law "On the Enactment of the Town Planning Code of the Russian Federation" dated December 29, 2004 No. 191-FZ (as amended by the Federal Law "On Amendments to Urban planning code of the Russian Federation and certain legislative acts of the Russian Federation” dated July 27, 2010 No. 240-FZ). They state that the construction, engineering, survey SRO is obliged to return to organizations or individual entrepreneurs that have terminated their membership in the relevant partnership, the funds they paid from the compfund, if the following conditions are met:
1) obtaining permission from this SRO to a certain type or types of work excluded on August 1, 2010 from the official list of types of work for engineering surveys, in preparation project documentation, for the construction, reconstruction, overhaul of facilities capital construction that affect the safety of capital construction projects;
2) the person’s lack of access to other types of work (lack of other types of work in the admission of the SRO);
3) termination of membership in this SRO no earlier than two and no later than 6 months from the date of exclusion of the types of work reflected in the admission from the official classifier of the list (that is, from September 1, 2010 to January 1, 2011).
It should be noted that only if all three of the above conditions are met, the self-regulatory organization is obliged to return the contributions to the compensation fund to the members that have left the membership in full.
A period of no more than 10 calendar days after the termination of membership was allotted for the return of funds. The day of termination of membership is determined by the day of registration of an application from an individual entrepreneur or a legal entity to withdraw from the SRO.
Due to the fact that several years have already passed since the period of time allotted for the official termination of membership in the SRO, these grounds seem to be irrelevant.
The Town Planning Code defines only a few assumptions for making payments from the funds compensation fund self-regulating organization. Money can be returned if it was erroneously transferred to the SRO account; transferred for the placement of funds of the SRO compensation fund in order to maintain and increase it; used to make payments as a result of the onset of joint and several liability for the obligations of its members arising from the infliction of harm.
