In accordance with Article 48

The plaintiff wants to recognize the ownership of the object of construction in progress

1. Architectural and construction design is carried out by preparing project documentation(including by amending it in accordance with this Code) in relation to capital construction projects and their parts, being built, reconstructed within the boundaries of the property developer or other right holder (who, when making budget investments in capital construction objects of state (municipal) property, bodies state power ( government bodies), State Corporation for Atomic Energy "Rosatom", State Corporation for Space Activities "Roskosmos", governing bodies of state off-budget funds or local governments transferred in cases established by budgetary legislation Russian Federation, on the basis of agreements, its powers of the state (municipal) customer) land plot, as well as the section of the project documentation "Estimate for the overhaul of the capital construction facility" during the overhaul capital construction object in the cases provided for by paragraph 12.2 of this article.

1.1. In the event that the territory planning documentation provides for the placement of an object transport infrastructure of federal significance or a linear object of transport infrastructure of regional significance or local importance or in the event that the preparation of design documentation for such an object is carried out before the approval of the territory planning documentation in accordance with Part 11.1 of this Article, architectural and construction design is carried out by preparing design documentation (including by amending it in accordance with this Code) in relation to to such an object and its parts, which are under construction, reconstructed, including those within the boundaries not belonging to the developer or other right holder (who, when making budget investments in capital construction objects of state (municipal) property, state authorities (state bodies), the State Atomic Energy Corporation "Rosatom", the State Corporation for Space Activities "Roskosmos", management bodies of state non-budgetary funds or local authorities transferred in cases established by the budget legislation of the Russian Federation and, on the basis of agreements, their powers of the state (municipal) customer) of the land plot.

(see text in previous edition)

1.2. In the event that a land plot for the placement of objects of federal significance, objects of regional significance, objects of local significance, not specified in Part 1.1 of this article, is formed from lands or land plots, which are in state or municipal ownership and which are not burdened with the rights of third parties, with the exception of easement, public easement, the preparation of design documentation for the placement of these capital construction objects before the formation of such a land plot in accordance with land legislation is carried out on the basis of approved documentation for planning the territory adopted in the case provided for by part 11.1 of this article, the decision on the preparation of documentation for the planning of the territory and (or) issued in accordance with part 1.1 of article 57.3 of this Code of the town-planning plan of the land plot.

(see text in previous edition)

2. Project documentation is documentation containing materials in text and graphic forms and (or) in the form of an information model and defining architectural, functional, technological, constructive and engineering technical solutions to ensure the construction, reconstruction of capital construction facilities, their parts, major repairs.

(see text in previous edition)

3. The preparation of project documentation is not required during the construction, reconstruction of an individual housing construction, garden house. The developer, on his own initiative, has the right to ensure the preparation of project documentation in relation to the object of individual housing construction, a garden house.

(see text in previous edition)

3.1. The provisions of part 3 of this article shall not apply if the estimated cost of construction, reconstruction, overhaul of an individual housing construction object is subject to verification for the reliability of its determination.

4. Work under contracts for the preparation of project documentation, amendments to project documentation in accordance with parts 3.8 and 3.9 of Article 49 of this Code, concluded with the developer, technical customer, the person responsible for the operation of the building, structure, the regional operator (hereinafter also referred to as contract agreements for the preparation of project documentation), should be carried out only by individual entrepreneurs or legal entities that are members of self-regulatory organizations in the field of architectural and construction design, unless otherwise provided by this articles. The execution of works on the preparation of project documentation under such contracts is provided by specialists in the organization of architectural and construction design (chief project engineers, chief architects of projects). Work under contracts for the preparation of project documentation, amendments to project documentation in accordance with parts 3.8 and 3.9 of Article 49 of this Code, concluded with other persons, may be performed by individual entrepreneurs or legal entities that are not members of such self-regulatory organizations.

(see text in previous edition)

4.1. Membership in self-regulatory organizations in the field of architectural and construction design is not required:

1) state and municipal unitary enterprises, including state and municipal state-owned enterprises, state and municipal institutions in the event that they conclude work contracts for the preparation of project documentation with federal executive authorities, state corporations exercising legal regulation in the relevant area, state authorities of the constituent entities of the Russian Federation, local authorities in charge of such enterprises, institutions, or in if such enterprises, institutions perform the functions of a technical customer on behalf of the specified federal bodies executive power, state corporations, public authorities of the constituent entities of the Russian Federation, local governments;

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, in case of conclusion by such commercial organizations contracts for the preparation of project documentation 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 governments, which are provided for in clause 1 of this part and which are in charge of the specified enterprises, institutions, or if such commercial organizations perform the functions of a technical customer on behalf of the said enterprises, institutions, federal executive bodies, state corporations, state authorities of the constituent entities of the Russian Federation, local governments;

3) legal entities established 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 work contracts for the preparation of project documentation in established areas of activity (in areas for the purpose of carrying out activities in which specified legal entities), 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 preparation of project documentation with the specified legal entities or if such commercial organizations perform the functions 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 work contracts for the preparation of project documentation with federal executive authorities, state authorities of the constituent entities of the Russian Federation, local governments , in the established areas of activity of which these legal entities carry out statutory activities, or in the event that these legal entities perform 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 ( share) capitals of which the share of these legal entities is more than fifty percent, in the event that such commercial organizations conclude contracts for the preparation of project documentation with the specified and federal executive authorities, public authorities of the constituent entities of the Russian Federation, local authorities, legal entities, or in the event that such commercial organizations perform the functions of a technical customer on behalf of the indicated federal executive authorities, public authorities of the constituent entities of the Russian Federation, local authorities, legal entities .

5. The person who prepares the project documentation may be a developer, another person (in the case provided for in parts 1.1 and 1.2 of this article) or an individual entrepreneur or legal entity that has entered into a contract for the preparation of project documentation. The person who prepares the design documentation is responsible for the quality of the design documentation and its compliance with the requirements of technical regulations. The developer, another person (in the case provided for by parts 1.1 and 1.2 of this article) has the right to prepare project documentation independently, provided that they are members of a self-regulatory organization in the field of architectural and construction design, or with the involvement of other persons under a contract for the preparation of project documentation .

(see text in previous edition)

5.2. The contract for the preparation of project documentation may provide for a task for the implementation engineering surveys. In this case, the specified individual or legal entity also organizes and coordinates engineering surveys and is responsible for the reliability, quality and completeness of the engineering surveys performed. This agreement may also provide for the provision of receipt of technical conditions by the specified individual or legal entity.

(see text in previous edition)

6. If the preparation of project documentation is carried out by an individual entrepreneur or a legal entity on the basis of a contract for the preparation of project documentation concluded with the developer, technical customer, person responsible for the operation of the building, structure, regional operator, developer, technical customer, person, responsible for the operation of the building, structure, the regional operator are obliged to provide such individual entrepreneur or legal entity:

(see text in previous edition)

1) a town-planning plan of a land plot or, in the case of preparation of design documentation for a linear facility, a territory planning project and a land surveying project (with the exception of cases in which the preparation of territory planning documentation is not required for the construction, reconstruction of a linear facility, as well as the case provided for by Part 11.1 of this articles);

(see text in previous edition)

2) the results of engineering surveys (if they are not available, the contract for the preparation of project documentation should provide for an assignment for the performance of engineering surveys);

(see text in previous edition)

3) technical conditions (in the event that the operation of the projected capital construction object cannot be ensured without connection (technological connection) of such an object to engineering and technical support networks).

(see text in previous edition)

7. Specifications providing for the maximum load, the timing of connection (technological connection) of capital construction facilities to engineering and technical support networks and the validity period of the technical specifications, as well as information on the payment for such connection (technological connection) is provided by organizations operating engineering networks technical support, without charging a fee within seven working days at the request of federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local governments, land owners, persons providing the preparation of project documentation in accordance with parts 1.1 and 1.2 of this article, or persons with whom contracts have been concluded that provide for the implementation of activities for the integrated and sustainable development of the territory, unless otherwise provided by the legislation on gas supply in the Russian Federation. The term of validity of the technical conditions provided and the term for paying a fee for such connection (technological connection) are established by organizations operating utility networks for at least three years or, in the case of carrying out activities for the integrated and sustainable development of the territory, for at least five years, except for the cases stipulated by the legislation of the Russian Federation. The owner of the land plot, the person who ensures the preparation of project documentation in accordance with parts 1.1 and 1.2 of this article, within one year, or the person with whom an agreement has been concluded providing for the implementation of activities for the integrated and sustainable development of the territory, when carrying out activities for the integrated and sustainable development Territories within three years from the date of provision of technical conditions and information on the payment for such connection (technological connection) must determine the load necessary for them to connect (technological connection) to utility networks within the limits of the technical conditions provided to them. The obligations of the organization that provided the technical conditions providing for the maximum load, the terms for connecting (technological connection) of capital construction facilities to the engineering and technical support networks and the validity period of the technical conditions, are terminated if, within one year or when carrying out activities for integrated and sustainable development territory within three years from the date of granting the right holder of the land plot, the person providing the preparation of project documentation in accordance with parts 1. 1 and 1.2 of this article, or to a person with whom an agreement has been concluded providing for the implementation of activities for the integrated and sustainable development of the territory, of the specified technical conditions, they will not determine the load necessary for them to connect (technological connection) to engineering networks within the limits of the technical support provided to them conditions and will not submit an application for such connection (technological connection).

(see text in previous edition)

8. The organization that operates the engineering and technical support networks is obliged to provide the right holder of the land plot with the connection (technological connection) of the constructed or reconstructed capital construction facility to the engineering and technical support networks in accordance with the technical conditions and information on the payment for connection (technological accession) provided to the owner of the land plot.

(see text in previous edition)

9. The executive body of state power or local self-government body authorized to dispose of land plots that are in state or municipal ownership, no later than thirty days before the day of the auction, or before the day the decision is made to provide a land plot that is in state or municipal ownership. property, or until the day a decision is made on the preliminary approval of the provision of such a land plot, provide interested parties with technical conditions for connection (technological connection) to engineering and technical support networks, providing for the maximum load, the term for connecting (technological connection) of a capital construction object to engineering and technical support networks , validity period of technical conditions and information about connection fee (technological connection). The executive body of state power or local self-government body authorized to dispose of land plots, within fourteen days from the date of receipt of an application for holding an auction for the sale of a land plot owned by state or municipal property, or an auction for the right to conclude a lease agreement for such a land plot, is sent to organizations that operate utility networks, a request for the specified technical conditions, information on their validity period and connection fee (technological connection).

(Part 9 as amended by Federal Law No. 171-FZ of June 23, 2014)

(see text in previous edition)

10. The procedure for determining and providing technical conditions and determining the connection fee (technological connection), as well as the procedure for connecting (technological connection) of a capital construction facility to utility networks may be established by the Government of the Russian Federation.

(see text in previous edition)

10.1. The requirements of parts 7 - of this article do not apply to the technological connection of capital construction facilities to electrical networks. The procedure for the corresponding technological connection to electric networks is established by the legislation of the Russian Federation on the electric power industry.

11. The preparation of project documentation is carried out on the basis of the instructions of the developer or technical customer (when preparing project documentation on the basis of a contract for the preparation of project documentation), the results of engineering surveys, the information specified in the town-planning plan of the land plot, or in the case of preparing design documentation for a linear facility on on the basis of a territory planning project and a territory surveying project, or in the case provided for by Part 11.1 of this article, a decision on the preparation of territory planning documentation (except for cases in which the construction, reconstruction of a linear facility does not require the preparation of territory planning documentation) in accordance with the requirements technical regulations, specifications, permission to deviate from the limiting parameters of permitted construction, reconstruction of capital construction projects.

(see text in previous edition)

11.1. The preparation of design documentation for a linear facility of federal significance, a linear facility of regional significance, or a linear facility of local significance may be carried out prior to the approval of the territory planning documentation providing for the construction, reconstruction of the corresponding linear facility. In this case, the obligatory annexes to the task of the developer or technical customer for design are:

1) a decision on the preparation of such documentation for the planning of the territory;

2) a drawing of the boundaries of the zones of the planned placement of the corresponding linear object, information about its characteristics and a diagram planning solutions, provided for by the developed documentation on the planning of the territory of the corresponding linear facility.

11.2. In the case provided for by Part 11.1 of this article, the design documentation of a linear facility is sent for examination of design documentation if there is an approved territory planning project that provides for the construction, reconstruction of a linear facility.

12. The design documentation for capital construction facilities, taking into account the specifics provided for in Part 13 of this article, includes the following sections:

1) an explanatory note with the initial data for architectural and construction design, construction, reconstruction, overhaul of capital construction facilities, including technical conditions for connection (technological connection) to engineering networks, and in the event of an examination of the results of engineering surveys before conducting an examination of project documentation with the details of a positive conclusion of the examination of the results of engineering surveys;

2) a scheme for the planning organization of a land plot, made in accordance with the information specified in the town-planning plan of the land plot, and in the case of preparation of project documentation for linear objects, the design of the right-of-way, made in accordance with the territory planning project (except for cases in which for construction, reconstruction of a linear facility does not require the preparation of documentation for the planning of the territory);

3) sections containing architectural, functional-technological, constructive, engineering solutions and (or) measures aimed at ensuring compliance with:

a) the requirements of technical regulations, including the requirements of mechanical, fire and other safety, the requirements of energy efficiency, the requirements for equipping buildings, structures, structures with metering devices used energy resources to buildings, structures and structures (including their constituent networks and systems of engineering and technical support), requirements for ensuring access for persons with disabilities to a capital construction object (in the case of preparing design documentation for healthcare, education, culture, recreation, sports and other objects of social, cultural and domestic purposes, objects of transport, trade, Catering, objects of business, administrative, financial, religious purposes, objects of the housing stock);

b) sanitary and epidemiological requirements, requirements in the field of environmental protection, requirements for the safe use of atomic energy, industrial safety requirements, requirements for ensuring the reliability and safety of electric power systems and electric power facilities, requirements for anti-terrorist protection of facilities;

c) requirements for the processes of design, construction, installation, commissioning, operation of buildings and structures;

d) requirements of technical conditions for connection (technological connection) of capital construction facilities to engineering networks;

ConsultantPlus: note.

In the cases specified in Part 12 of Art. 18 FZ of December 29, 2017 N 443-FZ, as part of the design documentation for a capital construction project, projects for organizing traffic are being developed.

4) a project for organizing the construction of capital construction facilities;

5) requirements for ensuring the safe operation of capital construction facilities;

6) information on the normative frequency of performing work on the overhaul of the capital construction object necessary to ensure the safe operation of such an object, as well as in the case of preparing design documentation for the construction, reconstruction of an apartment building, information on the volume and composition of these works.

(see text in previous edition)

12.1. Preparation of project documentation at the initiative of the developer or technical customer can be carried out in relation to individual stages of construction, reconstruction of capital construction projects.

(see text in previous edition)

12.2. In the event of a major overhaul of capital construction projects financed with the involvement of budget funds budget system of the Russian Federation, the funds of the persons specified in Part 1 of Article 8.3 of this Code, an estimate is prepared for the overhaul of capital construction facilities on the basis of an act approved by the developer or technical customer and containing a list of foundation defects, building structures, engineering support systems and engineering support networks, indicating the qualitative and quantitative characteristics of such defects, and the assignment of the developer or technical customer for design, depending on the content of the work performed during the overhaul of capital construction projects. The developer, on its own initiative, has the right to ensure the preparation of other sections of the design documentation, as well as the preparation of design documentation for the overhaul of capital construction facilities in other cases not specified in this part.

(see text in previous edition)

ConsultantPlus: note.

The requirement to indicate in the design assignment and in the design documentation information about the capital construction object in accordance with the classifier, established by Part 12.3 of Art. 48 (as amended by the Federal Law of 03.08.2018 N 342-FZ), is not subject to application until the approval of such a classifier.

12.3. Information about the capital construction object in the assignment of the developer or technical customer for design and in the project documentation is subject to indication in accordance with the classifier of capital construction objects according to their purpose and functional and technological features (for the purposes of architectural and construction design and maintaining a unified state register conclusions of the examination of design documentation for capital construction facilities), approved by the federal executive body that performs the functions of developing and implementing public policy and legal regulation in the field of construction, architecture, urban planning.

13. The composition and requirements for the content of sections of project documentation submitted for examination of project documentation and to state construction supervision bodies are established by the Government of the Russian Federation and are differentiated in relation to various types of capital construction objects (including linear objects), as well as depending on designation of capital construction objects, types of work (construction, reconstruction, overhaul of capital construction objects), their content, sources of financing of works and allocation of individual stages of construction, reconstruction in accordance with the requirements of this article and taking into account the following features:

1) the preparation of project documentation is carried out in the scope of separate sections in relation to various types of capital construction objects (including linear objects), as well as on the basis of the assignment of the developer or technical customer for design, depending on the content of the work performed during the reconstruction of capital construction objects ( in case of reconstruction of a capital construction object);

2) the project for organizing the construction of capital construction objects must contain a project for organizing work on the demolition of capital construction objects, their parts (if it is necessary to demolish capital construction objects, their parts for construction, reconstruction of other capital construction objects);

3) the decisions and measures contained in the project documentation must comply with the requirements of the legislation of the Russian Federation on the protection of objects cultural heritage(in the case of preparation of project documentation for carrying out work on the preservation of cultural heritage sites, which affect the design and other characteristics of the reliability and safety of such sites);

4) project documentation should include the section "Estimate for construction, reconstruction, overhaul, demolition of a capital construction object" (in cases where construction, reconstruction, demolition are financed with funds from the budgets of the budget system of the Russian Federation, funds of legal entities specified in and 3 article 36 of the Federal Law of June 25, 2002 N 73-FZ "On objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation", as part of the project documentation in without fail includes documentation, sections of project documentation provided for by the indicated federal laws.

(see text in previous edition)

14. Project documentation for nuclear facilities (including nuclear installations, storage facilities for nuclear materials and radioactive substances, storage facilities for radioactive waste), hazardous production facilities determined in accordance with the legislation of the Russian Federation, especially hazardous, technically complex, unique facilities, defense and security facilities should also contain a list of civil defense measures, measures to prevent natural and man-made emergencies, and measures to counter terrorism. parts 15.2 of part 3.8 of article 49 of this Code, provided by a person who is a member of a self-regulatory organization based on membership of persons preparing project documentation, approved by a specialist in the organization of architectural and construction design involved in accordance with this Code in the position of chief engineer of the project.

15.3. If the developer or technical customer approves the changes made to the project documentation in accordance with part 3.9 of article 49 of this Code, such changes are approved by the developer or technical customer in the presence of the information specified in part 3.9 of article 49 of this Code and provided by the executive authority or organization that conducted the examination of this project documentation, in the course of expert support to confirm the compliance of changes made to this project documentation with the requirements specified in part 3.9 of Article 49 of this Code, and (or) a positive conclusion of the examination of project documentation issued in accordance with part 3.11 of Article 49 of this Code.

15.4. The introduction of the changes specified in parts 15.2 and 15.3 of this article into the design documentation after receiving the conclusion of the state construction supervision body on the compliance of the constructed, reconstructed capital construction object with the requirements of the design documentation is not allowed if the construction, reconstruction of such a capital construction object provides for the implementation of state construction supervision in accordance with this Code.

16. It is not allowed to require approval of project documentation, conclusion on project documentation and other documents not provided for by this Code.

The collection of taxes, fees, insurance premiums, penalties and fines at the expense of the property of a taxpayer (payer of fees) - an individual who is not an individual entrepreneur, is carried out exclusively in court.

With the procedure for collecting debts from individuals You can read or get information.

detailed information the collection procedure is set out in Article 48 of the Tax Code of the Russian Federation and in the information block below.

In the event that an individual who is not an individual entrepreneur fails to fulfill, within the prescribed period, the requirement to pay tax, dues, penalties and fines, interest (hereinafter referred to as the requirement to pay tax) in accordance with paragraph 1 of Article 48 of the Tax Code of the Russian Federation (hereinafter referred to as the Code) tax authority who filed a demand for payment of tax (at the place of residence of an individual in the event that this person is removed from the register with the tax authority that sent the demand for payment of tax, dues, penalties, fines), has the right to apply to the court for the recovery of the appropriate amounts from the property of this individual (including Money in bank accounts and cash) within the limits of the amounts specified in the claim for tax payment.

Upon the expiration of the deadline for the fulfillment of all claims for the payment of tax, unfulfilled by an individual as of the date of filing by the tax authority of an application for collection to the court, if the total amount of the tax, fee, insurance premiums, penalties, fines to be collected from this individual exceeds 3,000 rubles, an application for recovery at the expense of the property of a taxpayer - an individual who is not an individual entrepreneur, is filed with a court of general jurisdiction by a tax authority within six months from the date when the specified amount exceeded 3,000 rubles.

Not later than the day of filing an application for recovery with the court, a copy of the application is sent by the tax authority to the individual from whom tax payments are collected.

If, within three years from the date of expiration of the deadline for fulfilling the earliest claim for the payment of tax, taken into account by the tax authority when calculating the total amount of tax, fee, insurance premiums, penalties, fines payable from an individual, such an amount of taxes, fees, insurance premiums, penalties, fines did not exceed 3,000 rubles, the tax authority applies to the court with an application for recovery within six months from the date of expiration of the specified three years.

The deadline for filing an application for recovery missed for a good reason can be restored by the court.

When calculating the amount of debt on mandatory payments to the budget system of the Russian Federation, subject to collection in accordance with Article 48 of the Code, according to the condition "less" or "more than" 3,000 rubles, the following is excluded from the total amount:

debt, the right to collect which is lost by the tax authority;
debt, the due date for which has been changed in connection with the granting of a deferment (installment plan) to the taxpayer;
debt suspended for collection by a decision of a court, a higher tax authority, in accordance with paragraph 15.1 of Article 101 of the Code;
debt in respect of which applications are sent to a court of general jurisdiction.

The collection of tax on the basis of a court decision that has entered into legal force is carried out in accordance with federal law"About enforcement proceedings» taking into account the specifics provided for in paragraph 6 of Article 48 of the Code, according to which, from the date of seizure of property and until the day the proceeds are transferred to the budget system of the Russian Federation, penalties for late transfer of taxes and fees are not charged.

The collection of mandatory payments at the expense of the property of a taxpayer (payer of fees, payer of insurance premiums) - an individual who is not an individual entrepreneur, is carried out sequentially in relation to the property of the debtor in accordance with paragraph 5 of Article 48 of the Code.

The obligation to pay tax, dues, insurance premiums, penalties, fines, interest at the expense of the property of an individual who is not an individual entrepreneur is considered fulfilled from the moment such property is sold and the debt is repaid at the expense of the proceeds.

In accordance with paragraph 3 of Article 6 of Federal Law No. 20-FZ dated March 4, 2013 “On Amendments to Certain Legislative Acts of the Russian Federation”, the provisions of Article 48 of the Code apply to legal relations for the collection of taxes, fees, insurance premiums, penalties, fines, interest, claims for payment of which were sent after the day of entry into force of Article 2 of Federal Law No. 20-FZ (04.04.2013).

The old version of Article 48 of the Code applies to claims for the payment of tax sent to taxpayers before the entry into force of Article 2 of Federal Law No. 20-FZ of 04.03.2013 (04.04.2013).

From September 15, 2015, the procedure for collecting debts at the expense of the property of individuals has changed in connection with the changes introduced by Federal Law No. the account of the property of an individual is carried out in accordance with the legislation on administrative proceedings (chapters 11.1 and 32 of the Code of Administrative Procedure of the Russian Federation).

generalization of the practice of application by district (city) courts of the Rostov region, Article 48 tax code Russian Federation on cases arising from tax legal relations.

In accordance with the work plan of the Rostov Regional Court for the first half of 2013, a generalization of the practice of application by the regional courts of Article 48 of the Tax Code of the Russian Federation in cases arising from tax legal relations was carried out.

This generalization is carried out in connection with the issues that arise for the courts when applying the norms of Article 48 of the Tax Code of the Russian Federation, as well as in order to ensure the correct application of legislation and unity judicial practice resolution of cases arising from tax legal relations.

The Rostov Regional Court requested civil cases on claims of tax authorities for the recovery of taxes, considered by district (city) courts in 2012.

The district (city) courts of the Rostov region submitted 305 civil cases for generalization (according to statistics, the courts completed 411 cases in 2012).

The largest number of cases was submitted by the Taganrog City Court - 69, the Sovetsky District Court of Rostov n \ D - 36, the Voroshilov District Court - 33, the Zheleznodorozhny District Court - 18, the Leninsky District Court - 16, the Bataysky City Court -15, the Pervomaisky District Court - fourteen.

In accordance with Article 57 of the Constitution of the Russian Federation, everyone is obliged to pay legally established taxes and fees.

The taxpayer is obliged to independently fulfill the obligation to pay tax, unless otherwise provided by the Tax Code of the Russian Federation.

By general rule the obligation to calculate the tax rests with the taxpayer (clause 1, article 52 of the Tax Code of the Russian Federation).

The law may provide that the tax authority is obliged to calculate the amount of tax (clause 2, article 52 of the Tax Code of the Russian Federation), which in this situation is obliged to send a notification to the taxpayer. tax liability on payment of tax arises not earlier than the date of receipt by the taxpayer of a tax notice (clause 4, article 57 of the Tax Code of the Russian Federation).

A specific tax payment procedure is established for each tax. Payment procedure federal taxes established by the Tax Code of the Russian Federation. The procedure for paying regional and local taxes is established by the laws of the constituent entities of the Russian Federation and the regulatory legal acts of the representative bodies of local self-government in accordance with the Tax Code of the Russian Federation.

Terms of payment of taxes and fees are established in relation to each tax and fee.

Failure to fulfill or improper fulfillment of the obligation to pay tax is the basis for the tax authority to send a demand to the taxpayer to pay tax, which is the beginning of the enforcement procedure.

In case of non-payment or incomplete payment of the tax within the established period, the tax is collected in the manner prescribed by the Tax Code of the Russian Federation.

Collection of tax from an individual who is not an individual entrepreneur is carried out in the manner prescribed by Article 48 of the Tax Code of the Russian Federation.

PROCEDURE AND TERMS FOR SENDING A REQUEST

According to paragraph 2 of Art. 69 of the Code, the demand for payment of tax is sent to the taxpayer if he has an arrears.

The demand for tax payment is sent to the taxpayer within three months from the date of detection of arrears (clause 1, article 70 of the Tax Code of the Russian Federation).

Performance tax claim tax audit sent within 10 days from the date this decision enters into force (clause 2, article 70 of the Tax Code of the Russian Federation).

In practice, the question arises whether the deadline for sending a request for the payment of tax is restrictive, that is, whether invalid claim issued in violation of this deadline.

EXAMPLE: Leninsky District Court of Rostov n\D (judge) on February 20, 2012 ruled a decision by which it refused to satisfy the requirements of the tax authority for the recovery of arrears on land tax.

In resolving the case, the court found that if there were time limits for payment land tax for 2010 - 09/15/2010 and 11/15/2010, the tax authority sent the defendant a demand for tax payment on 02/24/2011, offering to pay the tax debt within 21 days, that is, until 03/17/2011. Considering that the requirement was sent outside the three-month period established by paragraph 1 of Article 70 of the Tax Code of the Russian Federation, the court concluded that the preemptive six-month period established by paragraph 3 of Art. 48 of the Tax Code of the Russian Federation for the forced collection of debts on taxes and penalties expired at the time of filing a claim in court.

A claim for the collection of a tax, due, penalties, fines at the expense of the property of an individual may be filed by the tax authority (customs authority) in the course of action proceedings no later than six months from the date of the court ruling to cancel the court order.

In the review of judicial practice Supreme Court RF "Review of the judicial practice of the Supreme Court of the Russian Federation for the third quarter of 2011" states that paragraph 3 of Art. 48 of the Tax Code of the Russian Federation establishes, among other things, to increase the efficiency and speed up legal proceedings, special order applying to the court of the tax authority (customs authority), according to which the claim for the collection of tax, dues, penalties, fines at the expense of the property of an individual is presented by the tax authority (customs authority) in the order of writ proceedings. In the course of action proceedings, such claims may be brought by the tax authority (customs authority) only from the day the court issues a ruling to cancel the court order and no later than six months from this date.

The deadline for filing an application for recovery missed for a good reason can be restored by the court.

Therefore, after 01/03/2011 Art. 48 of the Tax Code of the Russian Federation, not only a six-month period is established for filing an application for the collection of a tax, fee, penalties, fines at the expense of the property of an individual (in fact, an application for issuing a court order for the collection of a tax, fee, penalties, fines at the expense of the property of an individual), but also a six-month period for filing the relevant statement of claim, which is calculated from the date of the court's decision to cancel the court order.

From a literal interpretation of the procedure for collecting taxes, penalties and fines, provided for in paragraph 2, paragraph 3 of Art. 48 of the Tax Code of the Russian Federation, it follows that the recovery procedure provides for resolving the issue of observing the deadline for applying to the court with an application if the six-month period is missed.

In accordance with Part 6 of Art. 152, part 4 of Art. 198 of the Code of Civil Procedure of the Russian Federation, the issues of compliance with the deadline for applying to the court relate to the substance of the dispute; admission by the court this period without good reason is the basis for refusal to satisfy the claim.

Thus, the circumstances related to the compliance by the tax authority with the established paragraph 2, paragraph 3 of Art. 48 of the Tax Code of the Russian Federation, the deadline for applying to the court and the validity of the reasons if it is missed, are legally significant in resolving the dispute and, given the public nature of legal relations, are subject to examination by the court, regardless of whether the parties referred to them during the trial.

An analysis of the cases submitted for generalization indicates the presence of certain difficulties in the procedure for calculating the period for applying to the court after the cancellation of a court order, or a refusal to issue a court order.

Leninsky decision district court Rostov n\D dated 01.01.2001 satisfied the claims for the Oktyabrsky district of Rostov-on-Don against P. In resolving the stated claims, the court incorrectly calculated the time limit for applying to the court with an application for the collection of taxes, without checking the circumstances related to the time period for filing a tax body with a statement to the justice of the peace for the issuance of a court order.

The deadline for fulfillment of the claim as of 20.06.2011 sent by the tax authority to pay the tax is set to 28.07.2011.

According to the seal of the postal authority on the envelope submitted to the civil case materials on the application for a court order, the tax authority appealed to the justice of the peace on 21.02.2012.

This circumstance indicates that the tax authority missed the 6-month period established by paragraph 2 of Art. 48 of the Tax Code of the Russian Federation, calculated from July 28, 2011 (the deadline for fulfilling the tax payment requirement) to January 30, 2012. (the last day of filing an application with the court, taking into account weekends).

Revoking the decision, the Judicial Collegium for Civil Cases found no grounds to satisfy the petition for the restoration of the deadline for filing an application with the court.

The generalization showed that judges, as a rule, check the terms of applying to the court, provided for in Art. 48 of the Tax Code of the Russian Federation.

However, in some cases, judges do not pay due attention to checking the timing of applying to the court with an application from the tax authorities and do not discuss this issue when preparing a civil case for trial.

Courts should keep in mind that each of the tasks of preparing a case for trial, listed in Article 148 of the Code of Civil Procedure of the Russian Federation, is a mandatory element of this stage of the process. Failure to complete any of the tasks may result in unreasonable delay in litigation and miscarriage of justice.

Of the submitted for the study of civil cases in 46 cases, a statement of claim for the collection of tax, fines filed in court in violation of the deadline provided for by Art. 48 of the Tax Code of the Russian Federation, of which:

In 23 cases, the tax authority did not file a petition to restore the missed filing deadline statement of claim to court.

In 6 cases, a decision was made to satisfy the claims

In 8 cases, a decision was made to refuse to satisfy the claims (of which, in 5 cases, due to missing the deadline established by Part 2, Article 48 of the Tax Code of the Russian Federation).

Proceedings were discontinued in 8 cases.

In 1 case, a ruling was issued to leave the statement of claim without consideration.

There were cases when the courts did not allow petitions filed by the tax authority to restore the term for applying to the court, which is unacceptable.

Of the 46 civil cases in which the deadline for going to court was

By 23 In civil cases, the tax authority filed a petition to restore the missed deadline for filing a statement of claim with the court (in 20 cases when filing a statement of claim with the court, in 3 cases during the trial of the case in court).

In 3 cases, a decision was made to satisfy the claims, the petition for the restoration of the missed deadline was granted.

In 5 cases, a decision was made to satisfy the claims, without permission to apply for the restoration of the missed deadline.

In 12 cases, a decision was made to refuse to satisfy the claims (the petition to restore the missed deadline was denied due to the lack of validity of the reason for missing the deadline in 10 cases; in 2 cases, the court, at the request of the defendant's representative, applied the consequences of the expiration of the deadline limitation period).

Proceedings were discontinued in 3 cases.

As circumstances indicating good reasons for missing the deadline, the tax authorities cited the abandonment of the earlier application without consideration, the heavy workload of employees during the period of reorganization by merging the tax authority, the change in the management team and the decision to sign the claim by an authorized person, late receipt of materials desk audit, sending a representative of the tax authority on a business trip, preparing a large number applications for issuance of court orders, disagreement in the records of the inspection and the migration service regarding the address of the debtor's place of residence, late receipt of information about property owned by the taxpayer, untimely return of registers for sending claims by the post office, due to the workload of department employees legal regulation debt.

The study of practice showed that in most cases the courts did not agree with inspections about the presence of valid reasons for missing the deadline for applying to the court with an application and refused to satisfy the stated claims for the recovery of tax arrears and penalties.

The courts correctly pointed out that the fact that a representative of the tax authority is on a business trip or vacation, the heavy workload of tax authority employees cannot be considered as good reasons for a legal entity to miss the deadline for applying to the court with an application for tax collection.

It should be borne in mind that the term can be restored if the circumstances objectively ruled out the possibility of a timely appeal to the court and did not depend on the will of the heads and (or) employees of the inspectorate.

Based on the requirements of the Code of Civil Procedure of the Russian Federation, the court must state in the decision the reasons for which it came to the conclusion that there are or are no grounds for restoring the term for applying to the court.

Based on the results of this generalization, judges should pay attention to the legal aspects indicated in the generalization and recommend a more thorough approach to resolving legal issues regarding the application of Art. 48 of the Tax Code of the Russian Federation, arising both at the stage of accepting a statement of claim, and when considering a case on the merits.

CONCLUSION

A generalization of the judicial practice of application by district (city) courts of the region shows that the courts in general correctly and uniformly apply the norms of Art. 48 of the Tax Code of the Russian Federation.

At the same time, when resolving cases of this category, courts in some cases violate the law.

In order to prevent such facts, the courts, in particular, need to:

conduct proper preparation of cases of this category for court proceedings, in which to discuss the issue of compliance with the deadline for filing a lawsuit with a claim for the recovery of taxes, offer the plaintiff to provide evidence of compliance with the deadline for filing a lawsuit;

not to allow the application of the norms of the Civil Code of the Russian Federation and the Code of Civil Procedure of the Russian Federation when resolving the issue of compliance with the deadline for filing a lawsuit with a claim for the recovery of taxes, penalties, fines;

consider cases on tax disputes, taking into account all legally significant circumstances and only if there is a notice of tax payment, a demand for tax payment, evidence of sending them to the taxpayer, calculation of tax arrears and penalties, grounds for charging taxes and penalties.

Discuss the results of the generalization at the operational meeting of judges of the collegium for administrative cases of the Rostov Regional Court.

Send the specified generalization to the district (city) courts of the Rostov region for use in practical work.

Judge of the Rostov Regional Court

ST 48 Tax Code of the Russian Federation.

1. If a taxpayer (payer of a levy, payer of insurance premiums) - an individual who is not an individual entrepreneur (hereinafter referred to in this article as an individual) fails to fulfill the obligation to pay taxes, levies, insurance premiums, penalties, fines within the prescribed period (customs authority) that sent a request for payment of tax, fee, insurance premiums, penalties, fines , fines), has the right to apply to the court for the collection of tax, collection, insurance premiums, penalties, fines at the expense of property, including funds in bank accounts, electronic money, transfers of which are carried out using personalized electronic means of payment, precious metals on accounts (in deposits) in a bank, and cash, this physical whom of a person within the limits of the amounts specified in the demand for the payment of tax, dues, insurance premiums, penalties, fines, taking into account the specifics established by this article.

It is not allowed to collect taxes, fees, insurance contributions, penalties, fines at the expense of funds in special electoral accounts, special accounts of referendum funds.

An application for the collection of a tax, fee, insurance premiums, penalties, fines at the expense of the property of an individual (hereinafter in this article - an application for collection) is submitted in respect of all claims for the payment of tax, fee, insurance premiums, penalties, fines for which the deadline has expired execution and which are not executed by this natural person as of the date of submission by the tax authority (customs authority) of the application for recovery to the court.

The specified application for recovery is submitted by the tax authority (customs authority) to the court, if total amount tax, due, insurance premiums, penalties, fines, subject to collection from an individual, exceeds 3,000 rubles, except for the case provided for in paragraph three of clause 2 of this article.

A copy of the application for recovery no later than the day of its submission to the court shall be sent by the tax authority (customs authority) to the individual from whom taxes, fees, insurance premiums, penalties, fines.

2. An application for recovery is filed with a court of general jurisdiction by a tax authority (customs authority) within six months from the date of expiration of the deadline for fulfilling a claim for payment of a tax, fee, insurance premiums, penalties, fines, unless otherwise provided by this paragraph.

If within three years from the date of expiration of the term for fulfillment of the earliest claim for payment of tax, due, insurance premiums, penalties, fines, taken into account by the tax authority (customs authority) when calculating the total amount of tax, due, insurance premiums, penalties, fines payable from an individual, such an amount of taxes, fees, insurance premiums, penalties, fines exceeded 3,000 rubles, the tax authority (customs authority) applies to the court with an application for recovery within six months from the date when the specified amount exceeded 3,000 rubles.

If within three years from the date of expiration of the term for fulfillment of the earliest claim for payment of tax, due, insurance premiums, penalties, fines, taken into account by the tax authority (customs authority) when calculating the total amount of tax, due, insurance premiums, penalties, fines payable from an individual, such an amount of taxes, fees, insurance premiums, penalties, fines did not exceed 3,000 rubles, the tax authority (customs authority) applies to the court with an application for recovery within six months from the date of expiration of the specified three-year period.

3. Consideration of cases on the collection of taxes, dues, insurance premiums, penalties, fines at the expense of the property of an individual is carried out in accordance with the legislation on administrative proceedings.

A claim for the collection of a tax, due, insurance premiums, penalties, fines at the expense of the property of an individual may be presented by the tax authority (customs authority) in the course of action proceedings no later than six months from the date the court issued a ruling to cancel the court order.

The deadline for filing an application for recovery missed for a good reason can be restored by the court.

An application for recovery may be accompanied by a petition from the tax authority (customs authority) to seize the defendant's property in order to secure the claim.

4. Collection of tax, dues, insurance premiums, penalties, fines at the expense of the property of an individual on the basis of an effective judicial act is carried out in accordance with the Federal Law "On Enforcement Proceedings", taking into account the specifics provided for by this article.

5. The collection of tax, dues, insurance premiums, penalties, fines at the expense of the property of an individual is carried out sequentially in relation to:

1) funds in bank accounts and electronic funds, transfers of which are carried out using personalized electronic means of payment, precious metals in accounts (in deposits) with a bank;

2) cash;

3) property transferred under an agreement to the possession, use or disposal of other persons without the transfer of ownership of this property to them, if in order to ensure the fulfillment of the obligation to pay taxes, fees, insurance premiums, penalties, fines, such agreements are terminated or declared invalid in in the prescribed manner;

4) other property, with the exception of that intended for everyday personal use by an individual or members of his family, determined in accordance with the legislation of the Russian Federation.

6. In case of collection of a tax, fee, insurance premiums, penalties, fines at the expense of the property of an individual that is not cash, the obligation to pay tax, fee, insurance premiums, penalties, fines shall be considered fulfilled from the moment of sale of such property and repayment of the debt for proceeds account. From the date of seizure of the said property and until the day of transfer of the proceeds to the budget system of the Russian Federation, penalties for late transfer of taxes, fees, insurance premiums are not accrued.

7. Officials of tax authorities (customs authorities) are not entitled to acquire the property of an individual sold in the manner of execution of judicial acts on the collection of taxes, fees, insurance premiums, penalties, fines at the expense of the property of an individual.

Commentary on Art. 48 Tax Code

1. A special procedure for collecting tax arrears at the expense of the property of a taxpayer - an individual is established by Art. 48 of the Tax Code of the Russian Federation. This procedure establishes a compulsory method of collecting arrears from an individual who is not an individual entrepreneur. Such collection is applied to the property of the debtor. Unlike recovery of property of an organization or an individual entrepreneur, recovery from an individual cannot take place out of court.

A similar provision is contained in Art. 150 of the Federal Law of November 27, 2010 N 311-FZ "On Customs Regulation in the Russian Federation", which establishes that the enforcement customs duties, taxes from individuals, with the exception of individual entrepreneurs, is made in court. An exception to this rule, according to part 3 of Art. 154 of this Law, constitutes the withholding of a cash deposit in case of non-payment of customs duties.

Installing court order foreclosure on the property of a debtor - an individual, the legislator consistently implements the principle of inviolability of property, enshrined in Art. 35 of the Constitution of the Russian Federation, paragraph 3 of which assumes that no one can be deprived of his property except on the basis of a court decision.

Collection of arrears, as well as penalties and fines at the expense of the property of an individual who is not an individual entrepreneur, may occur on the basis of a decision of a tax or customs authority. The issuance of such a decision is preceded by sending to the debtor (payer of fees) a demand for payment of tax, fee, penalties, fines in the manner prescribed by Art. 69 of the Tax Code of the Russian Federation, art. 152 of the Federal Law "On Customs Regulation in the Russian Federation", which is a notice to the taxpayer about the unpaid amount of tax, as well as about the obligation to pay the unpaid amount of tax on time.

If the tax or customs authority fails to fulfill the demand for payment of tax within the established time limit, it has the right to apply to the court for the collection of tax, dues, penalties, fines at the expense of property, including cash on bank accounts, electronic money, transfers of which are carried out using personalized electronic means of payment, and cash funds of an individual.

An application to the court for the recovery at the expense of the property of an individual is filed in relation to all claims for the payment of tax, dues, penalties, fines for which the deadline for execution has expired, if the total amount of tax, dues, penalties, fines subject to collection from an individual exceeds 3000 rubles. This amount is periodically adjusted due to growth consumer prices and inflation rates.

2. According to paragraph 2 of the commented article, an application for collection is submitted by the tax or customs authority within six months from the date of expiration of the deadline for fulfilling the requirement for the payment of tax, dues, penalties, fines.

It also establishes some features of the course of the limitation period in relation to the collection of arrears, penalties and fines. In particular, a rule has been introduced for summing up all claims against an individual for three years from the date of expiration of the deadline for fulfilling the earliest claim for payment of a tax, fee, penalties, fines. If over a three-year period the amount of claims exceeded 3,000 rubles, the tax or customs authority shall have the right to apply to the court for the recovery of the total amount of all the claims submitted within six months from the day when the specified amount exceeded 3,000 rubles.

If within three years from the date of expiration of the deadline for fulfilling the earliest claim for the payment of tax, dues, penalties, fines, does not exceed 3,000 rubles, the tax authority or customs authority is also entitled to apply to the court for recovery, but the six-month limitation period begins to be considered from the expiration date of the three-year period. This right of the tax authority is an exception to the general procedure established in paragraph 1 of Art. 48 of the Tax Code of the Russian Federation, according to which the appeal of the tax or customs authority to the court to recover arrears, penalties and fines from an individual is allowed only if the debt exceeded 3,000 rubles.

The deadline for filing an application for recovery missed for a good reason can be restored by the court. On the restoration of the deadline for collecting arrears missed by the tax or customs authority, explanations were repeatedly given by the highest judicial instances.

For example, Decree of the Plenum of the Supreme Court of the Russian Federation N 41 and the Plenum of the Supreme Arbitration Court of the Russian Federation N 9 dated June 11, 1999 "On Certain Issues Related to the Enactment of Part One of the Tax Code of the Russian Federation" stated that when considering cases on the recovery of sanctions for tax offense or on the collection of a tax (fee, penalty) at the expense of the property of a taxpayer - an individual or a tax agent - an individual, the courts need to check whether the deadlines established by paragraph 3 of Article 48 or paragraph 1 of Article 115 of the Tax Code of the Russian Federation for applying to the court by the tax authorities have not expired. Bearing in mind that these deadlines are restrictive, that is, not recoverable, if they are missed, the court refuses to satisfy the requirements of the tax authority.

Thus, judicial practice has developed in such a way that the courts refuse to satisfy the applications of the tax authorities to restore the limitation period for the recovery of arrears, penalties and fines from individuals. This approach is associated with finding a balance between the public interest and protecting the rights of taxpayers and acts as an additional guarantee when collecting from individuals who do not entrepreneurial activity. This compensates for the simplified procedure for applying to the court of the tax authority (customs authority), according to which the claim for recovery at the expense of the property of an individual is presented by the tax authority (customs authority) in the order of writ proceedings.

3. Applications of tax and customs authorities for the recovery of arrears, penalties and fines are authorized to consider courts of general jurisdiction, to which, in accordance with Art. 1 of the Federal Constitutional Law of February 7, 2011 N 1-FKZ "On Courts of General Jurisdiction in the Russian Federation", refer federal courts general jurisdiction and courts of general jurisdiction of the constituent entities of the Russian Federation, that is, justices of the peace.

The procedure for considering applications from tax and customs authorities for the recovery of arrears, penalties and fines by courts of general jurisdiction is regulated by the Civil Procedure Code of the Russian Federation (hereinafter referred to as the Code of Civil Procedure of the Russian Federation). As a rule, these applications are considered in a simplified order of writ proceedings, which ends with the issuance of a court order, which follows from Art. 122 Code of Civil Procedure of the Russian Federation, according to which a court order is issued if a claim is made to recover from citizens arrears in taxes, fees and other obligatory payments.

Judgment, according to Art. 121 of the Code of Civil Procedure of the Russian Federation, is a court decision issued by a single judge on the basis of an application for the recovery of sums of money or for the recovery of movable property from the debtor, and at the same time is an executive document.

Requirements for the form and content of an application for the issuance of a court order are established by Art. 124 Code of Civil Procedure of the Russian Federation, and its content - art. 127 Code of Civil Procedure of the Russian Federation.

The Code of Civil Procedure of the Russian Federation also provides for action proceedings, within the framework of which, according to clause 3 of the commented article, applications from tax and customs authorities are considered if the court has issued a ruling to cancel the court order, but no later than six months from the date of issuance of this ruling.

Claims may be filed by the tax authority (customs authority) in the course of action proceedings only from the day the court issues a ruling to cancel the court order and no later than six months from this date.

In addition, the tax authority and the customs authority can apply to the court only in an action proceeding if an individual does not agree with the requirements, that is, there is a dispute about the right. In other words, when a taxpayer-individual's statement of disagreement with the claims presented is received by the court within the prescribed period, the court is obliged to terminate the writ proceedings and proceed to the consideration of the case in the order of action proceedings. This was noted, for example, in the Review of Judicial Practice of the Supreme Court of the Russian Federation for the third quarter of 2011 (approved by the Presidium of the Supreme Court of the Russian Federation on December 7, 2011).

4. According to paragraph 4 of the commented article, the collection of tax, dues, penalties, fines at the expense of the property of an individual is carried out on the basis of a judicial act that has entered into legal force in accordance with Federal Law of October 2, 2007 N 229-ФЗ "On Enforcement Proceedings" .

The Federal Law "On Enforcement Proceedings" contains a special chapter devoted to foreclosure on the debtor's property. Foreclosure on the property of the debtor, according to Art. 69 of this Law, includes the seizure of property and (or) its sale, carried out by the debtor independently, or forced sale or transfer to the recoverer.

Foreclosure on the property of the debtor under executive documents is drawn primarily on his funds in rubles and foreign currency and other valuables, including those on accounts, in deposits or kept in banks and other credit organizations, with the exception of the debtor's funds held in collateral, nominal, trading and (or) clearing accounts. Foreclosure on the debtor's funds in foreign currency is levied in the absence or insufficiency of the debtor's funds in rubles. In the event that the listed types of property (the most liquid ones) are not enough to enforce the court decision, foreclosure is levied on other property. This provision corresponds to paragraph 5 of Art. 48 of the Tax Code, which divides property into groups depending on the sequence of collection.

5. According to paragraph 5 of Art. 48 of the Tax Code of the Russian Federation, the collection of arrears on tax, dues, penalties, fines at the expense of the property of an individual is carried out sequentially in relation to:

1) funds in bank accounts and electronic funds, transfers of which are carried out using personalized electronic means of payment;

2) cash;

3) property transferred under an agreement to the possession, use or disposal of other persons without the transfer of ownership of this property to them, if such agreements are terminated or declared invalid in order to ensure the fulfillment of the obligation to pay taxes, dues, penalties, fines;

4) other property, except for that intended for everyday personal use by an individual or members of his family.

One of the principles of enforcement proceedings, enshrined in Art. 4 of the Federal Law "On Enforcement Proceedings" is the inviolability of the minimum property necessary for the existence of a debtor-citizen and members of his family, which corresponds to the provision of the commented article on the prohibition of foreclosure on property intended for everyday personal use by an individual and members of his family.

1. Architectural and construction design is carried out by preparing project documentation (including by making changes to it in accordance with this Code) in relation to capital construction projects and their parts, which are being built, reconstructed within the boundaries of property owned by the developer or other right holder (who, when implementing budgetary investments in capital construction facilities of state (municipal) property, state authorities (state bodies), the State Corporation for Atomic Energy "Rosatom", the State Corporation for Space Activities "Roskosmos", management bodies of state non-budgetary funds or local governments transferred in the cases established by the budgetary legislation of the Russian Federation, on the basis of agreements, their powers of the state (municipal) customer) of the land plot, as well as the section of the project documentation "Estimates for major repairs capital construction facility" during the overhaul of the capital construction facility in the cases provided for by Part 12.2 of this article. If the territory planning documentation provides for the placement of a transport infrastructure facility of federal significance or a linear transport infrastructure facility of regional significance or local significance, architectural and construction design is carried out by preparing project documentation (including by amending it in accordance with this Code) in relation to such an object and its parts, which are under construction, reconstructed, including within the boundaries of a property that does not belong to the developer or other right holder (which, when making budget investments in capital construction objects of state (municipal) property, state authorities (state bodies), the State Nuclear Corporation Energy "Rosatom", the State Corporation for Space Activities "Roscosmos", management bodies of state non-budgetary funds or local governments transferred in cases established budgetary legislation of the Russian Federation, on the basis of agreements, their powers of the state (municipal) customer) of the land plot.

2. Project documentation is documentation containing materials in text and graphic forms and (or) in the form of an information model and defining architectural, functional, technological, structural and engineering solutions to ensure the construction, reconstruction of capital construction facilities, their parts, capital repair.

3. Implementation of the preparation of project documentation is not required during the construction, reconstruction of an object of individual housing construction, a garden house. The developer, on his own initiative, has the right to ensure the preparation of project documentation in relation to the object of individual housing construction, a garden house.

4. Work under contracts for the preparation of project documentation, amendments to project documentation in accordance with parts 3.8 and 3.9 of Article 49 of this Code, concluded with the developer, technical customer, the person responsible for the operation of the building, structure, regional operator (hereinafter also referred to as contracts contract for the preparation of project documentation) should be carried out only by individual entrepreneurs or legal entities that are members of self-regulatory organizations in the field of architectural and construction design, unless otherwise provided by this article. The execution of works on the preparation of project documentation under such contracts is provided by specialists in the organization of architectural and construction design (chief project engineers, chief architects of projects). Work under contracts for the preparation of project documentation, amendments to project documentation in accordance with parts 3.8 and 3.9 of Article 49 of this Code, concluded with other persons, may be performed by individual entrepreneurs or legal entities that are not members of such self-regulatory organizations.

4.1. Membership in self-regulatory organizations in the field of architectural and construction design is not required:

1) state and municipal unitary enterprises, including state and municipal state-owned enterprises, state and municipal institutions in the event that they conclude contracts for the preparation of project documentation with federal executive authorities, state corporations exercising legal regulation in the relevant area, bodies state authorities of the constituent entities of the Russian Federation, local government bodies in charge of such enterprises, institutions, or if such enterprises, institutions perform the functions of a technical customer on behalf of the indicated federal executive authorities, state corporations, state authorities of the constituent entities of the Russian Federation, local authorities self-government;

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, in the event that such commercial organizations conclude contracts for the preparation of project documentation with the specified enterprises, institutions, as well as with federal executive bodies, state corporations, state authorities of the constituent entities of the Russian Federation, local governments, which are provided for in paragraph 1 of this part and which are in charge of the specified enterprises, institutions, or if such commercial organizations perform the functions of a technical customer on behalf of these enterprises, institutions, federal executive bodies, state corporations, state authorities of the constituent entities of the Russian Federation, local governments;

5. The person carrying out the preparation of project documentation may be a developer or an individual entrepreneur or legal entity that has entered into a contract for the preparation of project documentation. The person who prepares the design documentation is responsible for the quality of the design documentation and its compliance with the requirements of technical regulations. The developer has the right to prepare project documentation independently, provided that he is a member of a self-regulatory organization in the field of architectural and construction design, or with the involvement of other persons under a contract for the preparation of project documentation.

5.2. The contract for the preparation of project documentation may provide for a task for the performance of engineering surveys. In this case, the specified individual or legal entity also organizes and coordinates engineering surveys and is responsible for the reliability, quality and completeness of the engineering surveys performed. This agreement may also provide for the provision of receipt of technical conditions by the specified individual or legal entity.

6. If the preparation of project documentation is carried out by an individual entrepreneur or a legal entity on the basis of a contract for the preparation of project documentation concluded with the developer, technical customer, person responsible for the operation of the building, structure, regional operator, developer, technical customer, person, the regional operator responsible for the operation of the building, structure, is obliged to provide such an individual entrepreneur or legal entity with:

1) town-planning plan of the land plot or, in the case of preparation of design documentation for a linear facility, a territory planning project and a land surveying project (except for cases in which the preparation of territory planning documentation is not required for the construction, reconstruction of a linear facility);

7. Specifications providing for the maximum load, the timing of connection (technological connection) of capital construction facilities to engineering and technical support networks and the validity period of the technical specifications, as well as information on the payment for such connection (technological connection) is provided by organizations operating engineering networks technical support, without charging a fee within fourteen days at the request of federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local authorities or land owners, unless otherwise provided by the legislation on gas supply in the Russian Federation. The period of validity of the technical conditions provided and the period for paying a fee for such connection (technological connection) are established by organizations operating utility networks for at least three years or, in the case of integrated development of land plots for housing construction, for at least five years, with the exception of cases provided for by the legislation of the Russian Federation. The owner of the land plot within one year or in case of complex development of the land plot for the purposes of housing construction within three years from the date of provision of technical conditions and information on the payment for such connection (technological connection) must determine the engineering required for connection (technological connection) to the networks - technical support of the load within the limits of the technical conditions provided to it. The obligations of the organization that has provided the technical conditions providing for the maximum load, the terms for connecting (technological connection) of capital construction facilities to the engineering and technical support networks and the validity period of the technical conditions shall be terminated if, within one year or during the integrated development of the land plot for the purpose of housing construction within three years from the date of granting the specified technical conditions to the right holder of the land plot, he will not determine the load necessary for him to connect (technological connection) to the engineering and technical support networks within the limits of the technical conditions provided to him and will not submit an application for such connection (technological connection).

10.1. The requirements of parts 7-10 of this article do not apply to the technological connection of capital construction facilities to electric networks. The procedure for the corresponding technological connection to electric networks is established by the legislation of the Russian Federation on the electric power industry.

11. The preparation of project documentation is carried out on the basis of the instructions of the developer or technical customer (when preparing project documentation on the basis of a contract for the preparation of project documentation), the results of engineering surveys, the information specified in the town-planning plan of the land plot, or in the case of preparing design documentation for a linear facility on on the basis of a territory planning project and a territory surveying project (except for cases in which the preparation of territory planning documentation is not required for the construction, reconstruction of a linear facility) in accordance with the requirements of technical regulations, technical specifications, permission to deviate from the limiting parameters of permitted construction, reconstruction of objects capital construction.

12. The design documentation for capital construction facilities, taking into account the specifics provided for in Part 13 of this article, includes the following sections:

3) sections containing architectural, functional-technological, constructive, engineering solutions and (or) measures aimed at ensuring compliance with:

a) requirements of technical regulations, including requirements for mechanical, fire and other safety, energy efficiency requirements, requirements for equipping buildings, structures, structures with metering devices for used energy resources for buildings, structures and structures (including their constituent networks and systems of engineering and technical support), requirements for ensuring access for disabled people to a capital construction object (in the case of preparing project documentation for healthcare, education, culture, recreation, sports and other social, cultural and domestic facilities, transport, trade , public catering, business, administrative, financial, religious facilities, housing facilities);

c) requirements for the processes of design, construction, installation, commissioning, operation of buildings and structures;

d) requirements of technical conditions for connection (technological connection) of capital construction facilities to engineering networks;

4) a project for organizing the construction of capital construction facilities;

5) requirements for ensuring the safe operation of capital construction facilities;

12.2. In the event of a major overhaul of capital construction facilities financed with the attraction of funds from the budgets of the budget system of the Russian Federation, funds of the persons specified in Part 1 of Article 8.3 of this Code, an estimate for the overhaul of capital construction facilities is prepared on the basis of an act approved by the developer or technical customer and containing a list of defects in foundations, building structures, engineering and technical support systems and engineering networks, indicating the qualitative and quantitative characteristics of such defects, and the assignment of the developer or technical customer for design, depending on the scope of work performed during the overhaul of capital construction projects. The developer, on its own initiative, has the right to ensure the preparation of other sections of the design documentation, as well as the preparation of design documentation for the overhaul of capital construction facilities in other cases not specified in this part.

12.3. Information about the capital construction object in the assignment of the developer or technical customer for design and in the project documentation is subject to indication in accordance with the classifier of capital construction objects according to their purpose and functional and technological features (for the purposes of architectural and construction design and maintaining a unified state register of conclusions of the examination of project documentation capital construction facilities) approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of construction, architecture, urban planning.

3) the decisions and measures contained in the design documentation must comply with the requirements of the legislation of the Russian Federation on the protection of cultural heritage objects (in the case of preparing design documentation for carrying out work to preserve cultural heritage objects that affect the design and other characteristics of the reliability and safety of such objects);

4) project documentation should include the section “Estimate for construction, reconstruction, overhaul, demolition of a capital construction object” (in cases where construction, reconstruction, demolition are financed with the involvement of funds from the budgets of the budget system of the Russian Federation, funds of legal entities specified in Part 2 Article 8.3 of this Code, capital repairs are financed with the attraction of funds from the budgets of the budgetary system of the Russian Federation, funds of the persons specified in Part 1 of Article 8.3 of this Code);

5) in the cases provided for by paragraph 3 of Article 14 of the Federal Law of July 21, 1997 N 116-FZ "On the Industrial Safety of Hazardous Production Facilities", Article 10 of the Federal Law of July 21, 1997 N 117-FZ "On the Safety of Hydraulic Structures", Article 30 of the Federal Law of November 21, 1995 N 170-FZ "On the use of atomic energy", paragraphs 2 and 3 of Article 36 of the Federal Law of June 25, 2002 N 73-FZ "On objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation”, the composition of project documentation without fail includes documentation, sections of project documentation provided for by the indicated federal laws.

15. Project documentation, as well as changes made to it in accordance with parts 3.8 and 3.9 of Article 49 of this Code, are approved by the developer, technical customer, the person responsible for the operation of the building, structure, or the regional operator. In the cases provided for in Article 49 of this Code, the developer or technical customer, prior to the approval of the project documentation, sends it for examination. The project documentation is approved by the developer or technical customer in the presence of a positive conclusion of the examination of the project documentation, except for the cases provided for in parts 15.2 and 15.3 of this article.

15.1. Features of the preparation, coordination and approval of project documentation necessary for carrying out work to preserve a cultural heritage site are established by the legislation of the Russian Federation on the protection of cultural heritage sites.

15.2. The developer or technical customer has the right to approve the changes made to the project documentation in accordance with part 3.8 of article 49 of this Code, if there is confirmation of compliance of the changes made to the project documentation with the requirements specified in part 3.8 of article 49 of this Code, provided by a person who is a member of a self-regulatory organization, based on the membership of persons involved in the preparation of project documentation, approved by the specialist engaged by this person in accordance with this Code in the organization of architectural and construction design in the position of chief engineer of the project.

16. It is not allowed to require approval of project documentation, conclusion on project documentation and other documents not provided for by this Code.

Commentary on Art. 48 GK RF

1 - 2. An integral element of the process construction activities is architectural and construction design, which consists in the preparation of project documentation for capital construction projects.

Urban planning code The Russian Federation determines the content of project documentation - this is documentation that includes materials in text form and in the form of maps (schemes) and defines architectural, functional-technological, constructive and engineering solutions for the construction, reconstruction of capital construction facilities, their parts, overhaul of such objects.

Preparation of project documentation is required if it is planned to carry out the construction, reconstruction or overhaul of buildings, structures and structures. At the same time, based on the meaning that the legislator puts into the concept of "reconstruction" (), it includes both expansion and technical re-equipment.

As for the overhaul, the preparation of project documentation is required if the design and other characteristics of the reliability and safety of capital construction facilities are affected during such repairs.

What is new is the definition of the moment with which the RF GK connects the possibility of preparing project documentation. So, according to clause 3.1 of SNiP 11-01-95, the development of project documentation is carried out in the presence of an approved decision on preliminary approval of the location of the facility. This also determines the fact that many legislative acts provide for the provision of land plots on the basis of project documentation (for example, Article 31 of the Federal Law of July 17, 1999 N 176-FZ "On Postal Communication", Federal Law of January 10, 2003 N 17-FZ "On railway transport Russian Federation"). This provision contradicts the new Civil Code of the Russian Federation, according to which the decision on the preparation of project documentation is made by the developer, i.e. a person who already owns a land plot on the basis of ownership, lease, permanent (unlimited) use or lifetime inheritable possession.
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SZ RF. 1999. N 29. Art. 3697.

SZ RF. 2003. N 2. Art. 169.

3. The presence of developed, agreed and duly approved project documentation is a prerequisite for obtaining a building permit. At the same time, fundamentally new is the provision that the construction, reconstruction, overhaul of individual housing construction does not require project documentation. In order to avoid ambiguous interpretation of this norm in practice, the Federal Law of December 31, 2005 N 210-FZ “On Amendments to the Town Planning Code of the Russian Federation” clarified that in this case, individual housing construction objects are understood to be free-standing residential buildings with the number of floors not more than three, designed for one family.

The developer, on his own initiative, has the right to ensure the preparation of design documentation for such facilities, but the submission of design documentation for obtaining a building permit is not required. The preparation of project documentation will have legal significance if, as a result of non-compliance of project documentation with the requirements of technical regulations, engineering survey materials, harm has been caused to the life, health of individuals or property of individuals or legal entities. In this case, the person who prepared the project documentation is obliged to fully compensate for the harm caused ().

4 - 6. Parts 4 and 5 of the commented Article 48 of the Civil Code of the Russian Federation establish a circle of persons who can prepare project documentation. Such persons can be both the developer himself and an individual or legal entity attracted by him (or his authorized person - the customer) on a contractual basis. At the same time, these persons may prepare project documentation only if they comply with the requirements of the legislation of the Russian Federation for persons engaged in such activities.

The legislation of the Russian Federation establishes such a requirement for persons who can prepare project documentation as a license. Moreover, this requirement has undergone significant changes. Previously, in accordance with paragraph 1 of Art. 17 of the Federal Law of August 8, 2001 N 128-FZ “On Licensing Certain Types of Activities”, activities for the design of buildings and structures of I and II levels of responsibility in accordance with the state standard and for the construction of such buildings and structures were subject to licensing. At the same time, the levels of responsibility of buildings and structures were established in accordance with GOST 27751-88 “Reliability of building structures and foundations. Basic provisions for calculation ”, approved by the Decree of the USSR Gosstroy of March 25, 1988 N 48 (as amended on December 21, 1993). According to the Rules for taking into account the degree of responsibility of buildings and structures in the design of structures, approved by the Decree of the USSR Gosstroy of March 19, 1981 N 41, the degree of responsibility of buildings and structures is determined by the amount of material and social damage that is possible when structures reach limit states. The procedure for licensing design activities is established by the Regulations on licensing activities for the design of buildings and structures of I and II levels of responsibility in accordance with the state standard approved by Decree of the Government of the Russian Federation of March 21, 2002 N 174 (as amended by Decree of the Government of the Russian Federation of October 3, 2002 No. 731).
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SZ RF. 2002. N 12. Art. 1149, N 41. Art. 3983.

Federal Law No. 80-FZ of July 2, 2005 amended the Law “On Licensing Certain Types of Activities”, according to which the design of buildings and structures is subject to licensing, with the exception of seasonal or auxiliary structures. The list of works and services for the specified types of activities should be established by the regulations on licensing such types of activities.

The amendments dated July 2, 2005 to the Federal Law “On Licensing Certain Types of Activities” provided for the abolition of the licensing of the design of buildings and structures from January 1, 2007.

At the same time, the abolition of licensing for the design of buildings and structures should be linked to the transition to other methods. state regulation relevant areas economic activity:

- development of self-regulation through the creation of self-regulatory organizations in the relevant field of activity and empowering them with appropriate powers to control the proper quality of preparation of project documentation;

— adoption of a number of technical regulations in this area.

In this regard, it is necessary to adopt federal laws on self-regulatory organizations, on the approval of relevant technical regulations, and make appropriate changes to the Town Planning Code of the Russian Federation. At the moment, work on making changes and adopting these federal laws has not been completed.

In this regard, on December 22, 2006, the State Duma adopted the Federal Law “On Recognizing Certain Provisions of Legislative Acts of the Russian Federation as Invalid”, according to which the term for licensing the design of buildings and structures was extended until July 1, 2007.

As a rule, in most cases, the preparation of project documentation is carried out by a specialized organization engaged by the developer (the person authorized by him - the customer) on a contractual basis. At the same time, the relationship between the developer (customer) and the person involved on a contractual basis is regulated by civil law (Articles 758 - 762 of the Civil Code of the Russian Federation "Contract for the performance of design and survey work"). An integral part of such an agreement is the task of the developer (customer) (the recommended task for the design of capital construction facilities is given in SNiP 11-01-95).

7 - 10. Fundamentally new and socially important are the regulation of the issue related to obtaining technical conditions for connecting an object to engineering and technical support networks, fixing on legislative level the need to develop project documentation in accordance with the technical specifications.

In accordance with part 10 of the commented Article 48 of the Town Planning Code of the Russian Federation, the procedure for determining and providing technical conditions and determining the connection fee, as well as the procedure for connecting the facility to engineering networks are established by Decree of the Government of the Russian Federation of February 13, 2006 N 83 "On Approval Rules for determining and providing technical conditions for connecting a capital construction object to engineering and technical support networks and Rules for connecting a capital construction object to engineering networks.
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SZ RF. 2006. N 8. Art. 920.

These Rules govern the relationship between the organization that operates utility networks, local governments and land owners arising in the process of determining and providing technical conditions for connecting capital construction projects under construction, reconstruction or built, but not connected capital construction facilities to engineering networks , including the procedure for sending a request, the procedure for determining and providing technical conditions, the criteria for determining the possibility of connection, as well as in the process of connecting such objects to engineering networks, including the procedure for submitting and considering an application for connection, issuing and fulfilling connection conditions and conditions for supplying resources .

According to the said Rules, engineering and technical support networks include a set of property objects directly used in the process of electricity, heat, gas, water supply and sanitation.

The general rule establishes that information on technical conditions should be contained in the urban planning plan issued by the local government, on the basis of which the preparation of project documentation is carried out. If the owner of the land plot intends to reconstruct the capital construction object or connect the constructed object to the engineering and technical support networks and if the technical conditions for its connection were absent or their validity period has expired, and also if the technical conditions issued by the local government in as part of the documents on the provision of a land plot, the right holder, in order to determine the necessary connected load, applies to the organization that operates the engineering and technical support networks to which it is planned to connect the reconstructed (built) capital construction facility to obtain technical specifications.

If the owner of the land plot does not have information about the organization issuing the technical conditions, he applies to the local government with a request to provide information about such an organization, and the local government provides, within two working days from the date of the request, information about the relevant organization, including the name, legal and actual addresses.

The organization operating utility networks is obliged, within 14 working days from the date of receipt of the request, to determine and provide technical conditions or information on the fee for connecting the capital construction facility to engineering networks or provide a reasoned refusal to issue these conditions in the absence the possibility of connecting a capital construction object under construction (reconstruction) to engineering networks. In order to verify the validity of the refusal to issue technical conditions, the right holder of a land plot has the right to apply to the authorized federal executive body for technological supervision for an appropriate conclusion.

Issuance of technical specifications or information on payment for connection of a capital construction object to engineering and technical support networks is carried out without charging a fee.

Specifications must contain the following data:

- maximum load at possible connection points;

— the term for connecting the capital construction object to the engineering and technical support networks, which is determined, among other things, depending on the timing of implementation investment programs;

— the term of validity of the technical specifications, but not less than two years from the date of their issue. After this period, the parameters of the issued specifications may be changed.

Information on the payment for the connection of the capital construction object to the engineering and technical support networks should contain:

- data on the connection tariff approved at the time of issuing the technical specifications in accordance with the procedure established by the legislation of the Russian Federation;

— the expiration date of the specified tariff (if the period of validity of this tariff expires before the expiration of the technical specifications);

— the date of re-applying for information about the connection fee (if at the time of issuing the technical specifications, the connection tariff for the period of their validity is not established).

If the connection of capital construction objects under construction (reconstruction) to engineering networks does not require the creation (reconstruction) of engineering networks, connection fees are not charged.

From January 1, 2006, the fee for connection to utility networks is determined in accordance with the Federal Law of December 30, 2004 N 210-FZ “On the Basics of Tariff Regulation of Public Utilities Organizations”, in accordance with clause 11 of Art. 2 of which the fee for connection to engineering and technical support networks is a fee paid by persons engaged in the construction of a building, structure, structure, other object, as well as a fee paid by persons carrying out the reconstruction of a building, structure, structure, other object, in if this reconstruction entails an increase in the consumed load of the reconstructed building, structure, structure, other object.
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SZ RF. 2005. N 1 (part 1). Art. 36.

According to part 2 of Art. 12 of the said Federal Law, the amount of the connection fee is determined as the product of the tariff for connection to the corresponding system of the utility infrastructure and the amount of the declared consumed load (increase in the consumed load for the reconstructed object) provided by the communal infrastructure system for the building, structure, structure or other object under construction or reconstructed. Tariffs for connection to communal infrastructure systems are set by the local government.

When changing the owner of a land plot to which the technical conditions were issued, the new right holder has the right to use these technical conditions by notifying the organization that operates the engineering and technical support networks of the change of the right holder.

The obligations of the organization that issued the technical specifications to ensure the connection of the capital construction facility to the engineering and technical support networks in accordance with such technical specifications are terminated if, within one year from the date of receipt of the technical specifications, the owner of the land plot does not determine the necessary connected load and does not apply with a statement on the connection of the capital construction object to the networks of engineering and technical support. If during the construction (reconstruction) of a capital construction object the validity period of the conditions for its connection to the engineering and technical support networks is exceeded, the specified period is extended in agreement with the contractor based on the customer's request.

In accordance with the Rules for connecting a capital construction object to engineering networks, connecting an object to engineering networks is a process that makes it possible to connect capital construction objects under construction (reconstruction) to engineering networks, as well as to production equipment resources.

The connection of the capital construction object to the networks of engineering and technical support is carried out on the basis of an agreement. The procedure for concluding and executing the said agreement, essential conditions of such an agreement, the rights and obligations of the parties are determined in accordance with the legislation of the Russian Federation.

The connection of the capital construction object to the engineering and technical support networks is carried out in the manner that includes the following steps:

– submission by the customer of an application for connection;

– conclusion of a connection agreement;

- issuance by the operating organization to the customer of connection conditions (technical conditions for connection) that do not contradict the technical conditions previously received by the customer from the operating organization, or local government, or from the previous owner of the land plot, provided that the technical conditions have not expired;

– fulfillment by the customer of the connection conditions;

– verification by the contractor of the fulfillment by the customer of the connection conditions;

– connection by the customer of the object to the networks of engineering and technical support and signing by the parties of the act of connection;

- fulfillment of the conditions for the supply of resources.

Connection of a capital construction object to electric networks and gas supply networks after the conclusion of an agreement on connection is carried out in the manner established, respectively, by the Rules for the technological connection of power receiving devices (power plants) of customers to electric networks in the Russian Federation (approved by Decree of the Government of the Russian Federation of December 27, 2004 N 861);
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SZ RF. 2004. N 52 (part 2). Art. 5525.

SZ RF. 2002. N 20. Art. 1870.

To connect a capital construction facility to engineering and technical support networks, the customer sends to the operating organization:

- an application for connection containing the full and abbreviated names of the customer (for individuals - last name, first name, patronymic), its location and postal address;

– notarized copies of constituent documents, as well as documents confirming the authority of the person who signed the application;

- title documents for the land;

- situational plan for the location of the object with reference to the territory of the settlement;

— a topographic map of the site on a scale of 1:500 (with all surface and underground communications and facilities), agreed with the operating organizations;

— information on the timing of construction (reconstruction) and commissioning of a facility under construction (reconstruction);

- other documents, which, depending on the type of engineering and technical support networks, must be submitted in accordance with the legislation of the Russian Federation on the electric power industry and gas supply.

After the customer fulfills the conditions for connecting the capital construction object to the engineering and technical support networks, the contractor issues a permit for the customer to connect the specified object to the engineering and technical support networks. After the implementation of the accession, the contractor and the customer sign an act of accession.

Prior to the start of the supply of resources (provision of relevant services), the customer must obtain permission to commission capital construction facilities, conclude contracts for the supply of relevant types of resources (for the provision of relevant services), which are obtained as a result of connecting the capital construction facility to engineering and technical support networks .

A person carrying out unauthorized technological connection of a capital construction object to engineering and technical support networks shall be liable in accordance with the legislation of the Russian Federation.

11. Part 11 of the commented article contains requirements for the preparation of project documentation: it must be carried out on the basis of the results of engineering surveys, the urban planning plan of the land plot in accordance with the requirements of technical regulations, technical conditions, permission to deviate from the limiting parameters of permitted construction, reconstruction of capital construction projects.

It should be noted that prior to the entry into force of technical regulations, project documentation must be developed in accordance with the requirements of legislation, regulatory technical documents to the extent that they do not contradict Federal Law No. 184-FZ of December 27, 2002 “On Technical Regulation” and the Civil Code of the Russian Federation.

The form of the town-planning plan of the land plot, on the basis of which the project documentation is being developed, is established by Decree of the Government of the Russian Federation of December 29, 2005 N 840. Prior to the establishment of such a form by the Government of the Russian Federation, project documentation should have been developed on the basis of an architectural and planning assignment issued in accordance with Federal Law No. 169-FZ of November 17, 1995 “On Architectural Activities in the Russian Federation” (as amended on August 22, 2004 d.), (clause 1, part 1, article 4 of the Federal Law of December 29, 2004 N 191-FZ “On the Enactment of the Town Planning Code of the Russian Federation”).
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SZ RF. 2006. N 2. Art. 205.

SZ RF. 1995. N 47. Art. 44; 2004. N 35. Art. 3607.

SZ RF. 2005. N 1 (part 1). Art. 17.

The town-planning plan of the land plot is mandatory prepared in the event of the preparation of a land surveying project () or may be issued at the request of an individual or legal entity. At the request of an individual or legal entity, a town-planning plan is prepared by the local government within 30 days from the date of receipt of the said application. The local government provides the applicant with a town-planning plan of the land plot without charging a fee ().

Permission to deviate from the limiting parameters of permitted construction, reconstruction of capital construction facilities may be granted to the owner of a land plot, the size of which is less than those established by urban planning regulations minimum dimensions land plots or configuration, engineering-geological or other characteristics of which are unfavorable for development. The procedure for granting such permission is established.

12 - 14. Part 12 of the commented article establishes a list of mandatory sections of design documentation for any capital construction projects, with the exception of design documentation for linear facilities.

The federal law "On Amendments to the Town Planning Code of the Russian Federation" provides for the possibility of developers (customers) to prepare design documentation for individual stages of construction and reconstruction. At the same time, it is emphasized that this is the right of the developer (customer) (subparagraph “d”, paragraph 18, article 1).

Part 13 of the commented Article 48 of the Town Planning Code of Russia provides that the composition and requirements for the content of sections of project documentation in relation to various types of capital construction objects, including linear objects, as well as the composition and requirements for the content of sections of project documentation in relation to individual stages of construction, reconstruction of capital construction objects are established by the Government of the Russian Federation. Federal Law No. 232-FZ of December 18, 2006 “On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” amended part 13 of the article under consideration, according to which the Government of the Russian Federation must also establish the composition and requirements for the content of sections of the design documentation submitted for state expertise and state construction supervision.

Currently, these issues are not fully resolved by the Government of the Russian Federation. Decree of the Government of the Russian Federation of February 16, 2008 N 87 approved the Regulations on the composition of sections of project documentation and the requirements for their content. When preparing project documentation, one should also be guided by departmental regulatory legal acts, construction and sanitary standards and rules, as well as state standards. Especially among such documents, it should be noted SNiP 11-01-95 "Instruction on the procedure for the development, approval, approval and composition of project documentation for the construction of enterprises, buildings and structures" (adopted by the Decree of the Ministry of Construction of Russia of June 30, 1995 N 18-64 and canceled Decree of the Gosstroy of Russia dated February 17, 2003 N 18). Despite the fact that these SNiPs were canceled, according to the letter of the Gosstroy of Russia dated March 20, 2003 N SK-1692 / 3, until the approval of federal construction regulations governing the implementation of pre-design and design work, it is possible to use in the practice of real design the previously existing SNiP 11-01-95 and SNiP 11-101-95 "The procedure for the development, approval, approval and composition of justifications for investments in the construction of enterprises, buildings and structures" (adopted by the Decree of the Ministry of Construction of Russia dated June 30, 1995 N 18-63 and canceled by the Decree of the Gosstroy of Russia dated July 12, 2002 N 86). In fact, these SNiPs remain the only document containing General requirements to project documentation. However, it should be remembered that they can only be applied in the part that does not contradict the Civil Code of the Russian Federation, the Federal Law of December 27, 2002 N 184-FZ “On Technical Regulation”, other federal laws and decrees of the Government of the Russian Federation.
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For example, Rules for the design and safe operation technological pipelines(approved by the Decree of the Gosgortekhnadzor of Russia of June 10, 2003 N 80), Industrial safety rules for explosive production facilities for the storage, processing and use of plant raw materials (approved by the Decree of the Gosgortekhnadzor of Russia of June 10, 2003 N 85), Instructions on the composition, order of development, coordination and approval design and estimate documentation for the overhaul of residential buildings (approved by Decree of the Gosstroy of Russia of December 17, 1999 N 79), SNiP 11-03-2001 "Typical design documentation" (adopted by Decree of the Gosstroy of Russia of November 29, 2001 N 122), SNiP 2.01. 15-90 “Engineering protection of territories, buildings and structures from dangerous geological processes. Basic design provisions "(approved by Decree of the USSR State Construction Committee of December 29, 1990 N 118), SNiP 31-03-2001" Industrial buildings"(adopted by the Decree of the Gosstroy of Russia of March 19, 2001 N 20), SNiP 21-01-97" Fire safety buildings and structures "(approved by the Decree of the Ministry of Construction of Russia of February 13, 1997 N 18-7; as amended on June 3, 1999, June 19, 2000), Code of Rules for the Design and Construction of SP 11-111-99 “Development, coordination, approval, composition of design and planning documentation for the development of low-rise housing construction territories” (approved by the Decree of the Gosstroy of Russia of December 30, 1999 N 94), Sanitary and epidemiological rules and regulations SanPiN 2.1.2.1002-00 “Sanitary and epidemiological requirements for residential buildings and premises ”(approved by the Chief State Sanitary Doctor of the Russian Federation on December 15, 2000), establishing sanitary requirements that must be observed in the design, reconstruction, construction, as well as the maintenance of residential buildings and premises in operation, SanPiN 2.2.3.1384 -03 "Hygienic requirements for the organization of construction production and construction works ”(approved by the Chief State Sanitary Doctor of the Russian Federation on June 11, 2003), Sanitary Rules and Norms “Zones for Sanitary Protection of Water Supply Sources and Drinking Water Pipelines. SanPiN 2.1.4.1110-02 "(approved by the Chief State Sanitary Doctor of the Russian Federation on February 26, 2002), SanPiN 2.1.6.1032-01 "Hygienic requirements for ensuring the quality of atmospheric air in populated areas" (approved by the Chief State Sanitary Doctor of the Russian Federation on May 17, 2001 d.), SanPiN 2.2.4 / 2.1.8.055-96 "Electromagnetic radiation of the radio frequency range (EMF RF)", Sanitary and epidemiological rules and regulations "Hygienic requirements for the placement and operation of transmitting radio facilities. SanPiN 2.1.8 / 2.2.4.1383-03 "(introduced by the Decree of the Chief State Sanitary Doctor of the Russian Federation of June 9, 2003 N 135 from June 30, 2003), SN 2.2.4 / 2.1.8.562-96" Noise at Workplaces , in the premises of residential, public buildings and on the territory of residential development", CH 2.2.4 / 2.1.8.566-96 "Industrial vibration, vibration in the premises of residential and public buildings", CH 2.2.4 / 2.1.8.583-96 "Infrasound on workplaces, in the premises of residential, public buildings and on the territory of residential development", SN 2605-82 "Sanitary norms and rules for providing insolation to residential and public buildings and residential areas", SanPiN 4723-88 "Sanitary rules for the installation and operation of a centralized hot water supply”, SN 2971-84 “Sanitary norms and rules for protecting the population from the effects of an electric field created by overhead power lines of alternating current of industrial frequency”, List of materials and structures approved for use in construction by the Ministry of Health Protection of the USSR N 3859-85, GN 2.1.6.1338-03 "Maximum Permissible Concentrations (MPC) of pollutants in the atmospheric air of populated areas" (approved by Decree of the Chief State Sanitary Doctor of the Russian Federation dated May 30, 2003 N 114), GN 2.6.1.758-99 “Radiation Safety Standards (NRB-99)”, GOST 30494-96 “Residential and public buildings. Indoor microclimate parameters”, SNiP 2.07.01-89* “Urban planning. Planning and development of urban and rural settlements”, SNiP 2.08.01-89* “Residential buildings”, SNiP 2.04.05-91 “Heating, ventilation, air conditioning”, SNiP 2.04.01-85* “Internal water supply and sewerage of buildings” , SNiP 23-05-95 "Natural and artificial lighting", SNiP 23-01-99 "Construction climatology" (enacted by the Decree of the Gosstroy of Russia dated June 11, 1999 No. N 45), SNiP 2.06.01-86 “Hydraulic structures. Basic Design Provisions" (approved by Decree of the USSR Gosstroy of May 28, 1986 N 71), SNiP 3.04.03-85 "Protection of building structures and structures against corrosion", SN 517-80 "Instructions for the design and construction of avalanche protective structures" and etc.

Rationing in construction and housing and communal services. 2003. N 2.

Bulletin of the Ministry of Justice of the Russian Federation. 2004. No. 6.

Rationing in construction and housing and communal services. 2002. No. 4.

So, according to part 12 of the commented article, such sections of the project documentation provided for by SNiP 11-01-95 are not mandatory, such as: master plan and transport; technological solutions; organization and working conditions of employees, production and enterprise management; investment efficiency. The estimate for the construction of the facility is a mandatory section of the project documentation, developed only in relation to capital construction projects financed from the relevant budgets. This is due to the fact that the main purpose of project documentation is to ensure the reliability, safety of buildings, structures and structures, a favorable living environment. Issues of cost feasibility and efficiency of spending are mandatory only for capital construction projects financed by budget funds. In other cases, sections such as investment efficiency and estimate documentation, can be developed during the preparation of project documentation on the instructions of the customer, however, these sections cannot be the subject of state expertise of project documentation.

That is why the State Committee of the Russian Federation does not link the preparation of project documentation with the availability of approved (approved) investments in the construction of enterprises, buildings and structures, the availability of developed pre-project documentation.

In addition, the obligatory availability of a list of measures for civil defense, measures to prevent natural and man-made emergencies is provided for by the Civil Code of the Russian Federation only in relation to the design documentation of nuclear facilities (including nuclear installations, storage facilities for nuclear materials and radioactive substances), hazardous industrial objects, especially dangerous, technically complex and unique objects, objects of defense and security (part 14 of the commented article).

An explanatory note with initial data for architectural and construction design, construction, reconstruction, overhaul of capital construction facilities, including the results of engineering surveys, technical specifications, should include: the basis for the development of the project, the initial data for the design, brief description object, data on the design capacity of the object (capacity, throughput), nomenclature, quality, competitiveness, technical level of products, raw material base, demand for fuel, water, heat and electrical energy, integrated use of raw materials, production waste, secondary energy resources; information about the socio-economic and environmental conditions of the construction area; key figures for master plan, engineering networks and communications, measures for the engineering protection of the territory; general information characterizing the conditions and labor protection of those working in the design of production facilities, sanitary and epidemiological measures, the main decisions that ensure labor safety and living conditions for people with limited mobility; information about the inventions used in the project; technical and economic indicators obtained as a result of the development of the project, their comparison with the indicators of the approved (approved) justification of investments in the construction of the facility (if any) and the established design assignment, conclusions and proposals for the implementation of the project; information about the approvals design solutions; confirmation of the compliance of the developed project documentation with state norms, rules, standards, initial data, as well as technical conditions and requirements issued by state supervision (control) bodies and interested organizations when agreeing on the location of the facility, etc.

The section of project documentation "Architectural solutions" should include: information on engineering-geological, hydro-geological conditions of the construction site; short description and justification of architectural and construction solutions for the main buildings and structures; substantiation of fundamental decisions to reduce industrial noise and vibration, household, sanitary services for workers; measures for electrical, explosion and fire safety, protection of building structures, networks and structures from corrosion; main drawings: plans, sections and facades of the main buildings and structures with a schematic representation of the main load-bearing and enclosing structures.

The section of project documentation "Information on engineering equipment, on engineering networks, a list of engineering and technical measures, the content of technological solutions", taking into account SNiP 11-01-95, should include: solutions for water supply, sewerage, heat supply, gas supply, electricity supply, heating , ventilation and air conditioning, engineering equipment of buildings and structures, including electrical equipment, electric lighting, communications and signaling, radio and television, fire fighting devices and lightning protection, etc.; dispatching and control automation engineering systems; main drawings: schematic diagrams of heat supply, electricity supply, gas supply, water supply and sewerage, etc.; plans and profiles of engineering networks; drawings of the main structures; plans and diagrams of intrashop heating and ventilation devices, power supply and electrical equipment, radio and signaling, automation of engineering systems, etc., as well as data on the production program; a brief description and justification of decisions on production technology, data on the labor intensity (machine-intensiveness) of manufacturing products, mechanization and automation technological processes; composition and justification of the equipment used, including imported ones; solutions for the use of low-waste and waste-free technological processes and industries, reuse of heat and captured chemicals; the number of jobs and their equipment at production facilities; data on the amount and composition of harmful emissions into the atmosphere and discharges into water sources (for individual workshops, industries, structures); technical solutions to prevent (reduce) emissions and discharges of harmful substances into the environment; assessment of the possibility of emergency situations and solutions to prevent them; type, composition and volume of production waste to be disposed of and buried; fuel and energy and material balances of technological processes; the need for basic types of resources for technological needs, etc.

The section of the design documentation "Project for organizing the construction of capital construction facilities" should be developed taking into account the conditions and requirements set forth in the contract for the design work, and the available data on the construction services market. Previously, the specified section was to be developed in accordance with SNiP 3.01.01-85 "Organization of construction production" (approved by the Decree of the USSR Gosstroy of September 2, 1985 N 140; as amended of December 11, 1986 N 48 and amended by the Ministry of Construction Russia of February 6, 1995 N 18-8) . However, these SNiPs were canceled, and from January 1, 2005, by the Decree of the Gosstroy of Russia dated April 19, 2004 N 70, they were approved for the use of SNiP "Organization of Construction", which are advisory in nature.
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Official publication. Ministry of Construction of Russia. M.: GP TsPP, 1996.

Rationing in construction and housing and communal services. 2004. No. 3.

The section of the project documentation "List of measures for environmental protection" must be carried out in accordance with the requirements of federal laws, state standards, building codes and the rules normative documents Ministry of Natural Resources of Russia and others regulations governing environmental protection activities. According to the Federal Law of January 10, 2002 N 7-ФЗ “On Environmental Protection”, when designing buildings, structures, structures and other objects, there must be: measures for environmental protection, restoration of the natural environment, rational use and reproduction natural resources, ensuring environmental safety; the standards of permissible anthropogenic load on the environment are taken into account; measures are provided for the prevention and elimination of environmental pollution, as well as ways to dispose of production and consumption waste; resource-saving, low-waste, non-waste and other best existing technologies that contribute to environmental protection, rational use and reproduction of natural resources have been applied (Articles 34, 36). When designing and building thermal power plants, provision should be made for equipping them with highly efficient means for cleaning emissions and discharges of pollutants, using environmentally friendly fuels and safe disposal of production waste (Article 40); when designing ameliorative systems, measures should be taken to ensure the water management balance and economical use of water, protect land, soil, forests and other vegetation, animals and other organisms, as well as prevent other negative impacts on the environment (Article 43); when designing oil refinery facilities, effective measures should be provided for the purification and neutralization of production waste and the collection of petroleum (associated) gas and mineralized water, the reclamation of disturbed and polluted lands, and the reduction of the negative impact on the environment (Article 46). Article 50 of the Federal Law of December 20, 2004 N 166-FZ "On Fishing and Conservation of Water biological resources» provides that when designing economic and other facilities, their impact on the state of aquatic biological resources and their habitat. According to Art. 16 of the Federal Law of May 4, 1999 N 96-ФЗ “On the Protection of Atmospheric Air”, in projects for the construction of economic and other activities that may have a harmful effect on atmospheric air quality, measures must be provided to reduce emissions of harmful (polluting) substances into the atmospheric air and their neutralization in accordance with the requirements established by the federal executive body in the field of environmental protection and other federal executive bodies or their territorial bodies.
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SZ RF. 2002. N 2. Art. 133.

SZ RF. 2004. N 52 (part 1). Art. 5270.

SZ RF. 1999. N 18. Art. 2222.

The section of the project documentation "Estimates for the construction, reconstruction, overhaul of the facility" is provided for determining estimated cost construction, reconstruction, overhaul of enterprises, buildings and structures and should contain: summary estimates the cost of construction (reconstruction or capital construction) and, if necessary, a summary of costs (in the case when capital investments are provided from different sources of financing); object and local budget calculations; estimates for certain types of costs (including project and survey work). At the same time, the cost of construction (reconstruction or capital construction) in the estimate for the construction of the customer’s facility is recommended to be given in two price levels: at the base (constant) level, determined on the basis of existing estimated norms and prices, and in the current or forecast level, determined on the basis of prices prevailing at the time of drawing up estimates or forecasted by the period of construction. The estimate for the construction (reconstruction or capital construction) of a construction project object also includes an explanatory note that provides data characterizing the applied estimate and regulatory (regulatory and information) base, the price level and other information that distinguishes the conditions of this construction.

When drawing up estimates for the construction, reconstruction, overhaul of an object, as a rule, a resource (resource-index) method is used, in which the estimated cost of construction is determined on the basis of data from design materials on the required resources (labor, construction machines, materials and structures) and current (forecast) prices for these resources. In the summary estimate calculation, a separate line provides for a reserve of funds for unforeseen work and costs, calculated from the total estimated cost (at the current price level), depending on the degree of elaboration and novelty of design solutions. For construction projects funded capital investments financed from the budget of the Russian Federation, the size of the reserve should not exceed 3% for industrial facilities and 2% for social facilities. Additional funds for reimbursement of costs that emerged after the approval of project documentation in connection with the introduction of multiplying factors, benefits, compensations, etc., by decisions of the Government of the Russian Federation, should be included in the consolidated estimate calculation in a separate line, followed by a change in the final indicators of the cost of construction (reconstruction or overhaul) and approval of the clarifications made by the authority that approved the project documentation.

Collections of State elemental estimated norms for civil works(GESN-2001) approved by the Decree of the Gosstroy of Russia dated October 11, 2000 N 102.
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Rationing in construction and housing and communal services. 2000. No. 5.

As noted above, the section "Estimates for the construction, reconstruction, overhaul of the facility" is developed only as part of the design documentation for facilities financed from the relevant budgets.

The section of the project documentation "List of civil defense measures, measures to prevent natural and man-made emergencies" must be carried out in accordance with the rules and regulations in the field of civil defense, protection of the population and territories from natural and man-made emergencies. Thus, the Order of the Ministry of Emergency Situations of the Russian Federation of February 28, 2003 N 105 approved the Requirements for the Prevention of Emergency Situations at a Potentially dangerous objects and life support facilities.
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RG. No. 71. 2003. 12 April.

A fundamentally new section of the project documentation is the "List of measures to ensure access for people with disabilities to healthcare facilities, education, culture, recreation, sports and other social, cultural and household facilities, transport, trade, public catering, business, administrative, financial facilities. , religious purposes, housing stock objects. The introduction of such an independent section of project documentation is due to the requirement of Art. 15 of the Federal Law of November 24, 1995 N 181-ФЗ “On the Social Protection of Disabled Persons in the Russian Federation”, according to which the development of design solutions for new construction and reconstruction of buildings, structures and their complexes without adapting these objects for access to them by disabled people and use their disabled people are not allowed. The requirement for the presence of such a section of design documentation does not apply when preparing design documentation for industrial facilities, as well as in the case of preparing design documentation for individual housing construction projects. The procedure for implementing the requirements for accessibility for people with disabilities to social infrastructure facilities RDS 35-201-99 was approved by the Decree of the Gosstroy of Russia and the Ministry of Labor of Russia dated December 22, 1999 N 74/51. The specified section of the project documentation should also be developed taking into account the Code of Rules "Requirements for the accessibility of public buildings and structures for the disabled and other visitors with limited mobility" (approved by the Decree of the Gosstroy of Russia of November 29, 1999 N 73).
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SZ RF. 1995. N 48. Art. 4563.

Rationing in construction and housing and communal services. 2000. N 3.

Building Engineering Bulletin. 2000. No. 1.

The list of civil defense measures, measures to prevent natural and man-made emergencies in the preparation of project documentation should be developed in accordance with the requirements of SNiP 2.01.51-90 "Engineering and technical measures of civil defense" and the Code of Rules "Procedure for accounting for civil defense and measures to prevent emergency situations when drawing up a petition for the intention to invest in construction and justification of investments in the construction of enterprises, buildings and structures ”(SP 11-113-2002), approved. Order of the Ministry of Emergency Situations of the Russian Federation of July 23, 2002 N 357.
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Rationing, standardization and certification in construction. 2002. No. 6.

In addition, the Civil Code of the Russian Federation stipulates that project documentation must contain other documentation in cases provided for by federal laws. Thus, according to the Federal Law of January 10, 2002 N 7-FZ "On Environmental Protection", projects for the deployment of nuclear installations, including nuclear power plants, must contain solutions that ensure their safe decommissioning. In accordance with Art. 10 of the Federal Law of July 21, 1997 N 117-FZ "On the Safety of Hydraulic Structures" at the stages of design, construction, commissioning of a hydraulic structure, a declaration of the safety of a hydraulic structure is drawn up, the content and procedure for the development of which are established by the Government of the Russian Federation. Article 14 of the Federal Law of July 21, 1997 N 116-FZ "On the Industrial Safety of Hazardous Production Facilities" provides that as part of the design documentation for the construction, expansion, reconstruction, technical re-equipment, conservation and liquidation of a hazardous production facility, an industrial safety declaration should be developed , which involves: a comprehensive assessment of the risk of an accident and the threat associated with it; analysis of the adequacy of the measures taken to prevent accidents, to ensure the readiness of the organization to operate a hazardous production facility in accordance with the requirements of industrial safety, as well as to localize and eliminate the consequences of an accident at a hazardous production facility; development of measures aimed at reducing the scale of the consequences of an accident and the amount of damage caused in the event of an accident at a hazardous production facility. The procedure for issuing an industrial safety declaration and the list of information contained in it are approved by the Decree of the Gosgortekhnadzor of Russia dated September 7, 1999 N 66 (as amended on October 27, 2000). In accordance with the Decree of the Government of the Russian Federation of May 11, 1999 N 526 "On approval of the Rules for submitting an industrial safety declaration for hazardous production facilities" (as amended on February 1, 2005 N 49) Federal Service for environmental, technological and nuclear supervision, the right was granted to establish the obligation to declare industrial safety for those hazardous production facilities for which it is not provided for by the Federal Law "On Industrial Safety of Hazardous Production Facilities". According to Art. 36 of the Federal Law of June 25, 2002 N 73-FZ "On objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation" in case of location of objects of cultural heritage on the territory subject to economic development, sections on the provision of preservation of cultural heritage sites.
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SZ RF. 1997. N 30. Art. 3589.

SZ RF. 1997. N 30. Art. 3588.

RG. 1999. Nov 25; Bulletin of normative acts of the federal organs of executive power. 2000. No. 50.

SZ RF. 1999. N 20. Art. 2445; 2005. N 7. Art. 560.

SZ RF. 2002. N 26. Art. 2519.

With regard to the composition of sections of project documentation and their content regarding certain types of capital construction objects, prior to their approval by the Government of the Russian Federation, one should also be guided by departmental regulations, such as the Regulations on the procedure for the development, approval, examination and approval of pre-project, project documentation for capital construction objects, reconstruction and overhaul in the system of the Ministry of Taxes of the Russian Federation (approved by Order of the Ministry of Taxes of the Russian Federation of June 6, 2002 N BG-3-17 / 285), Order of the Ministry of Railways of the Russian Federation and the Ministry of Transport of the Russian Federation of January 20, 1999 N 1 / TsZ / 4 “On Order of the Design and Construction of Railways in Sea and River Ports”, Order of Gosatomnadzor of Russia dated August 26, 1994 N 102 “On Approval of the Basic Provisions for the Preparation, Review and Decision-Making on Changes in Design, Engineering, Technological and Operational Documentation Affecting the Provision of Nuclear and Radiation Safety” and others. legal acts may be applied only in the part that does not contradict the Civil Code of the Russian Federation.
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RV. 1994. 13 Oct.

According to Art. 22 of the Federal Law of October 22, 2004 N 125-FZ "On Archiving in the Russian Federation" before entering the state and municipal archives, the storage period for project documentation for capital construction is 20 years old.
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SZ RF. 2004. N 43. Art. 4169.

15. Federal Law No. 210-FZ of December 31, 2005 “On Amendments to the Town Planning Code of the Russian Federation” clarifies that when, in the cases provided for by the Civil Code of the Russian Federation, project documentation is subject to state examination before its approval, then the project documentation is approved by the developer or by the customer only if there is a positive conclusion of the state examination of the project documentation (see.

In accordance with Article 48

Commentary on Art. 48 Tax Code

Commentary on Art. 48 GK RF

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