home Accounting 4 articles 55.17 of the Civil Code of the Russian Federation. Termination of membership in a self-regulatory organization

4 articles 55.17 of the Civil Code of the Russian Federation. Termination of membership in a self-regulatory organization

1. Self-regulatory organization is obliged to maintain a register of members self-regulatory organization. Such a register can be maintained as part of unified register members of self-regulatory organizations, provided that the self-regulatory organization places such a register of members of the self-regulatory organization on its website on the Internet.

2. In the register of members of the self-regulatory organization, along with the information provided federal law dated December 1, 2007 N 315-FZ "On Self-Regulatory Organizations", in respect of each of its members, the following information should be contained:

1) has expired. - Federal Law of 07.06.2013 N 113-FZ;

2) information on whether a member of a self-regulatory organization has the right to carry out engineering surveys, to prepare project documentation, construction, reconstruction, overhaul, demolition of capital construction facilities under a contract for the execution engineering surveys, preparation of project documentation, under a construction contract, under a demolition contract concluded using competitive ways conclusion of contracts;

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

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

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

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

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

4. The self-regulatory organization is obliged to provide, at the request of the interested person, an extract from the register of members of the self-regulatory organization within a period of not more than three working days from the date of receipt of the said request. The validity period of an extract from the register of members of a self-regulatory organization is one month from the date of its issue.

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

ST 55.17 GK RF.

1. A self-regulatory organization is obliged to maintain a register of members of the self-regulatory organization. Such a register may be maintained as part of a unified register of members of self-regulatory organizations, provided that such a register of members of a self-regulatory organization is posted by the self-regulatory organization on its website on the Internet.

2. The register of members of a self-regulatory organization, along with the information provided for by Federal Law No. 315-FZ of December 1, 2007 "On Self-Regulatory Organizations", shall contain the following information in respect of each of its members:

1) has become invalid;

2) information on whether a member of a self-regulatory organization has the right to carry out engineering surveys, to prepare project documentation, construction, reconstruction, overhaul, demolition of capital construction facilities under a contract for engineering surveys, preparation of design documentation, under a construction contract, under an agreement demolition contract concluded using competitive methods of concluding contracts;

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

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

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

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

annotation

Improved legislation in the construction industry. Thus, the requirements for the performance of work under contracts for engineering surveys and the preparation of project documentation, construction contracts have been adjusted. State and municipal enterprises and institutions, as well as legal entities with a state (municipality) stake of more than 50%, are not required to be members of SROs when performing such work for authorities and public sector organizations.

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

Individuals involved in the construction (overhaul) of an individual residential building, as well as persons building garages, auxiliary facilities, kiosks, etc. do not need to join the SRO.

The conditions and procedure for acquiring SRO status have been changed. The rules for the formation of a compensation fund for damages have been adjusted. In addition, it is envisaged to form, in some cases, a compensation fund to ensure contractual obligations. The rules for placing the funds of these funds in banks are regulated.

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

Requirements are introduced for specialists in the organization of engineering surveys, architectural design and construction. The introduction of national registers of such specialists is envisaged.

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

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

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

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

General provisions

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

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

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

Membership in the SRO is not required:

Basic requirements for SRO and work procedure

association within non-profit organization as its members at least fifty individual entrepreneurs and (or) legal entities (for design) and at least one hundred individual entrepreneurs and (or) legal entities (for construction) registered in accordance with the procedure established by law on the territory of a constituent entity of the Russian Federation, in in which such a self-regulatory organization is registered, and individual entrepreneurs and (or) legal entities;
the non-profit organization does not have territorial subdivisions, separate branches and representative offices located outside the territory of the subject of the Russian Federation in which such a non-profit organization is registered;
the non-profit organization has a compensation fund for compensation for harm, formed in the amount established by Article 55.16 of this Code;
the non-profit organization has the standards of a self-regulatory organization and internal documents, the development and approval of which by a self-regulatory organization in accordance with Article 55.5 of this Code is mandatory.

In the event that at least fifteen members of a non-profit organization (for design) and at least thirty members of a non-profit organization (for construction) have submitted to the self-regulatory organization statements of intent to take part in the conclusion of contracts for engineering surveys, for the preparation of project documentation, construction contracts using competitive methods of concluding contracts, such a non-profit organization, on the basis of applications from these members, by decision of its permanent collegiate body management is obliged to additionally form a compensation fund to ensure contractual obligations. The size of this compensation fund is calculated as the sum of the products of the number of members of the non-profit organization, specified in the statement of intent for the same level of liability for obligations, determined for each level of responsibility for the obligations of members of the self-regulatory organization, and the amount of contributions to this compensation fund, established in accordance with Article 55.16 of this Code for a given level of liability.

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

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

A non-profit organization that has formed a compensation fund for ensuring contractual obligations is not entitled in the course of its activities to make a decision on the liquidation of this compensation fund of a self-regulatory organization.

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

The SRO is obliged to develop and approve the documents provided for by the Federal Law "On non-profit organizations", "On SRO", as well as new ones (CF in 2 types):

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

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

Admission to the SRO

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

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

At the same time, such an individual entrepreneur or such legal entity additionally submits to the said self-regulatory organization an extract from the state register of self-regulatory organizations on the absence of registered self-regulatory organizations based on the membership of persons engaged in construction on the territory of this subject of the Russian Federation. A self-regulatory organization, to which this individual entrepreneur or this legal entity, registered in accordance with the procedure established by law on the territory of a constituent entity of the Russian Federation, which has a common border with the constituent entity of the Russian Federation, on the territory of which such a self-regulatory organization is registered, has applied for admission to membership, does not have the right refuse to admit such a person as a member of a self-regulatory organization on the grounds specified in the first paragraph of this part.

For membership in a self-regulatory organization, an individual entrepreneur or legal entity shall submit the following documents to the self-regulatory organization:

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

Within a period of not more than two months from the date of receipt of the documents specified in paragraph 2 of this article, the self-regulatory organization checks the individual entrepreneur or legal entity for compliance with the requirements established by the self-regulatory organization for its members.

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

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

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

through the fault of an individual entrepreneur or legal entity, payments were made from the compensation fund for compensation for harm or the compensation fund for ensuring contractual obligations of a self-regulatory organization, of which such an individual entrepreneur or such legal entity was previously a member;
commission by an individual entrepreneur or a legal entity within one year of two or more similar administrative offenses committed in the course of engineering surveys, preparation of project documentation in relation to one capital construction facility, committed during the construction, reconstruction, overhaul of one capital construction facility;
other grounds established by the internal documents of the self-regulatory organization.

An individual entrepreneur or a legal entity in respect of which a decision has been made on admission to membership in a self-regulatory organization, within seven working days from the date of receipt of the notification specified in paragraph 10 of this article, must pay in full:

contribution to the compensation fund for damages;
contribution to the compensation fund for ensuring contractual obligations in the event that the self-regulatory organization decides to form such a compensation fund and the application of an individual entrepreneur or legal entity for admission to the membership of the self-regulatory organization contains information about the intention to take part in the conclusion of contracts for engineering surveys, preparation project documentation, construction contracts using competitive methods of concluding contracts;
an entrance fee to a self-regulatory organization in the event that the internal documents of the self-regulatory organization establish requirements for the payment of an entrance fee.

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

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

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

Termination of membership in a self-regulatory organization

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

2. The self-regulatory organization has the right to decide on the exclusion from the members of the self-regulatory organization of an individual entrepreneur or legal entity also:

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

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

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

5. In the event that an individual entrepreneur or legal entity terminates membership in a self-regulatory organization, such an individual entrepreneur or such legal entity cannot be re-accepted as members of a self-regulatory organization within one year.

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

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

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

Art. 55.15 of the Town Planning Code of the Russian Federation

In the event of suspension of the certificate of admission, a member of the SRO has the right to continue the performance of work only in accordance with the work contract concluded until a decision is made to suspend.

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

Art. 55.16 of the Town Planning Code of the Russian Federation

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

In order to ensure property liability for obligations arising as a result of non-fulfillment of obligations under a work contract (construction contract) concluded through bidding, a compensation fund for contractual obligations is formed. (introduced by Federal Law No. 372-FZ of July 3, 2016).

In the project SRO, the formation of a CF is necessary if 15 members have submitted a statement of their intention to take part in work contracts by participating in tenders.

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

SRO subsidiary liability

Exemption from making a contribution to the compensation fund of contractual obligations is not allowed if the SRO has decided to form such a CF.

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

Transfer not allowed credit institution funds of the CF compensation for harm, except for the following cases:

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

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

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

If the amount of the CF for compensation for harm is reduced, it must be replenished within a period of not more than three months.

When the size of the CF of contractual obligations is reduced, it is replenished by the members who have contributed to this CF within a period of not more than three months.

When reducing the amount of compensation for damages due to the depreciation of financial assets, members of the SRO must make up for it within a period of not more than three months from the date of notification by the self-regulatory organization of its members of the approval of the annual financial statements in which the loss is recorded.

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

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

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

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

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

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

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

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

In the event that information about SROs is excluded from the state register, the funds of the compensation fund for compensation for harm and the compensation fund for securing contractual obligations within a week from the date of exclusion of such information shall be credited to a special bank account of the National Bank. Associations, and can only be used to make payments in connection with the onset of joint and several or subsidiary liability of the SRO.

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

A member of an excluded SRO has the right to apply to the relevant National Consolidation with an application for the transfer of funds credited to the account of the National. Combining the funds of compensation funds to the account of the SRO, which decided to accept an individual entrepreneur or legal entity as a member of a self-regulatory organization.

Art. 55.161 of the Town Planning Code

(introduced by Federal Law No. 372-FZ of July 3, 2016)

Art. 55.17 of the Town Planning Code

1. SRO is obliged to maintain a register of members. The maintenance of such a register can be carried out as part of a single register of members of the SRO, provided that the SRO publishes such a register of members on its website.

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

3. On the day the decision on admission to membership comes into force, the SRO posts such a decision on the website, enters information on admission to the register, sends it to the National. Consolidation notification of the decision. If a different decision is made regarding a member, the SRO, on the day such a decision is made, posts it on the website, enters information about such a member into the register or makes changes to the information contained in the register, and sends it to the National. Consolidation notification of the decision (introduced by the Federal Law of 03.07.2016 N 372-FZ).

3.1. On the day of receipt of the application for voluntary termination of membership, the SRO enters information on the termination of membership in the register of members and, within three days from the date of receipt of the said application on paper or on the same day, if it is received in the form of an electronic document, sends it to the National. Consolidation notification (introduced by Federal Law of 03.07.2016 N 372-FZ).

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

4. The SRO is obliged to provide, at the request of the interested person, an extract from the register of members within a period not exceeding three business days from the date of receipt of the said request. The excerpt is valid for one month from the date of issue. (FZ of 03.07.2016 N 372-FZ).

5. The form of the extract is established by Rostekhnadzor. (Prior to the establishment of the form, it is established by the SRO. After the establishment by Rostekhnadzor, the replacement of previously issued documents is not required).

Art. 55.18 of the Town Planning Code

1. The state register is maintained by Rostekhnadzor.

2. The following information is entered in the state register in relation to the SRO:

name, address (location) and contact telephone number of the self-regulatory organization;
type of self-regulatory organization;
information on the size of the compensation fund formed by the SRO to ensure contractual obligations as of the date of inclusion in the register of such information (FZ of 03.07.2016 N 372-FZ);
information on the size of the compensation fund for compensation for harm formed by the SRO as of the date of inclusion in the register of such information (Federal Law of 03.07.2016 N 372-FZ);
information about the documents (their details) developed and approved by the self-regulatory organization in accordance with parts 1 and 4 of article 55.5 of the Town Planning Code (FZ of 03.07.2016 N 372-FZ)

3. The information contained in the state register of self-regulatory organizations shall be posted on the official website of the supervisory authority for self-regulatory organizations on the Internet and shall be available for review free of charge.

4. The entry into the state register of the information provided for in Part 2, the exclusion of such information is carried out by Rostekhnadzor within a period of not more than thirty days from the date of submission of the Nat. Combining the conclusion and (or) documents established by this Code, with the exception of the case provided for by part 6 of this article (as amended by the Federal Law of 03.07.2016 N 372-FZ).

4.1. Within three days from the date of entering information about the SRO in the state register or deleting information from the state register, Rostechnadzor sends a notice of this on paper or in the form of an electronic document to the National. The association, and in case of exclusion of information from the state register, also notifies the bank in which the funds of the compensation funds of the excluded SRO are placed (as amended by Federal Law No. 372-FZ of 03.07.2016).

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

Within ten working days from the date of receipt of the said notification, Rostechnadzor shall make appropriate changes to the state register and send a notification to the SRO about entering information into the state register or send a notice of refusal to make changes to the state register indicating the reasons for the refusal. Entering information into the state register may be refused only if the SRO documents, changes to such documents received by Rostechnadzor do not meet the requirements provided for in Article 55.5 of the Code (as amended by Federal Law No. 372-FZ of 03.07.2016)

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

7. Entering information in the state register of self-regulatory organizations, changing such information are carried out free of charge.

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

9. Provision of information from the state register is carried out at the request of interested persons in the form of extracts from the register within seven working days from the date of registration of the request for a fee, and upon requests government agencies and local governments free of charge. The amount of the fee for providing information from the state register is established by the federal executive body authorized by the Government of the Russian Federation (introduced by Federal Law No. 372-FZ of July 3, 2016).

Art. 55.19 of the Town Planning Code

8.1. National The association is obliged to provide Rostekhnadzor, at its choice, for the exercise of its functions, with access to the unified register of SRO members in viewing mode without the possibility of deleting or editing information in it, or provide, at its request, the necessary information from the specified register (introduced by Federal Law of 03.07.2016 N 372- FZ).

Art. 60 Town Planning Code

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

the person who performed the relevant work due to the shortcomings of which harm was caused;
self-regulatory organization within the limits of the compensation fund for damages in the event that the persons who performed the work due to the shortcomings of which harm was caused were members of the SRO (as amended by the Federal Law of 03.07.2016 N 372-FZ);
corresponding National Association in the event of exclusion of information about the SRO from the state register within the limits of the funds of the compensation fund for indemnification of the specified self-regulatory organization, credited to the account of such a National Association or to the SRO to which a member of the excluded SRO is admitted, if the National The association transferred funds from the compensation fund for compensation for harm to a new SRO (as amended by Federal Law No. 372-FZ of July 3, 2016);

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

Responsibility for violation of urban planning legislation

In case of non-performance or improper performance by a SRO member of obligations under a work contract concluded with a developer, a technical customer, a person responsible for the operation of a building, structure, a regional operator using competitive methods of concluding a contract, as well as in the event of a non-performance or improper performance by a SRO member of the functions of a technical the customer is liable for:

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

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

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

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

Admission for 1 day, we select specialists!
Since 2010, in connection with the abolition of state licensing of construction, organizations whose activities are related to engineering surveys, construction and design need to without fail join self-regulatory organizations and obtain permission from the SRO to carry out the specified work.

All articles

Town Planning Code of the Russian Federation of December 29, 2004 N 190-FZ (as amended on June 27, 2019) (as amended and supplemented, effective from July 1, 2019)

The document is valid

Main menu
- Article 5.1. Public discussions, public hearings on projects master plans, draft rules for land use and development, projects for planning the territory, projects for surveying the territory, draft rules for landscaping, draft decisions on granting permission for a conditionally permitted type of use land plot or a capital construction facility, draft decisions on granting permission to deviate from the limiting parameters of permitted construction, reconstruction of capital construction facilities
Chapter 2
Chapter 2.1. Pricing and estimated rationing in the field of urban planning, federal register of estimated standards

Chapter 6. Architectural and construction design, construction, reconstruction of capital construction projects

Article 49 continental shelf of the Russian Federation, in internal sea waters, in the territorial sea of the Russian Federation, within the boundaries of specially protected natural territories, in the Baikal natural territory

Chapter 6.1. Self-regulation in the field of engineering surveys, architectural and construction design, construction, reconstruction, overhaul, demolition of capital construction projects

Chapter 6.3. Development of territories for the purpose of construction and operation of rented houses

Article 55.33. Features of the demolition of capital construction objects located in zones with special conditions for the use of territories, or bringing such capital construction objects in line with restrictions on the use of land plots established within the boundaries of zones with special conditions for the use of territories

Chapter 7

Article 57 information systems ensuring urban planning activities, maintaining state information systems for ensuring urban planning activities and providing information, documents and materials of state information systems for ensuring urban planning activities

Chapter 8. Responsibility for violation of the legislation on urban planning activities

Article 60.1. Compensation for damage caused as a result of non-fulfillment or improper fulfillment by a member of a self-regulatory organization of obligations under a contract for engineering surveys, preparation of project documentation, a construction contract, a contract for demolition, concluded using competitive methods of concluding a contract

Chapter 9

Article 55.17 of the Town Planning Code. Maintaining a register of members of a self-regulatory organization.

... of article 47, part 4.1 of article 48 of the Town Planning Code of the Russian Federation. Clause 9.1 of Section 9 of the tender documentation establishes that the procurement participant, in accordance with Article 55.17 of the Town Planning Code of the Russian Federation, must submit a copy of an extract from the register of SRO members in the field of engineering surveys, in the field of architectural and construction design, in the form approved by the Order of Rostekhnadzor dated .. .

Decision No. 2A-102/2019 2A-102/2019 (2A-3197/2018;)~M-2953/2018 2A-3197/2018 M-2953/2018 dated January 14, 2019 in case No. 2A-102/2019

Perm District Court (Perm Territory) - Civil and administrative

Fulfillment of the conclusion on technical condition building structures and determining the possibility of further operation of the structure of the organization, you must be a member of a self-regulatory organization and, by virtue of paragraph 1 of Art. 55.17 of the Town Planning Code of the Russian Federation to be in the register of members of a self-regulatory organization. The list of types of work that affect the safety of capital construction facilities is established by the authorized federal executive body (...

O contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as the Law on the contract system), as well as part 4 of Article 55.17 of the Town Planning Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) (paragraphs 5, 11, 12 of the descriptive part of the decision) . The statement and additions to it set out the arguments that the customer in ...

Decision dated December 25, 2018 in case No. А38-10703/2018

Arbitration Court of the Republic of Mari El (AC of the Republic of Mari El)

The deadline for submitting bids, which is specified in the notice of the auction. When establishing such a requirement, the Administration was guided by the current legislation. Thus, in accordance with Part 4 of Article 55.17 of the Town Planning Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), the validity period of such an extract is one month from the date of its issue. In turn, according to paragraph 1 of part 6 of article ...

...and contributions to the compensation fund of a self-regulatory organization, unless otherwise provided by the Federal Law on the Enactment of this Code. In accordance with Part 3 of Article 55.17 of the Town Planning Code of the Russian Federation, in force at the time of the decision to admit the defendant to membership, the self-regulatory organization, on the day the relevant decision is made, places on its ...

Decision dated December 18, 2018 in case No. А56-118909/2018

Arbitration Court of St. Petersburg and the Leningrad Region (AC of St. Petersburg and the Leningrad Region)

Organizations based on the membership of persons involved in the preparation of project documentation; self-regulatory organizations based on the membership of persons carrying out construction. In accordance with h.h. 4, 5 art. 55.17 of the Town Planning Code of the Russian Federation, a self-regulatory organization is obliged to provide, at the request of an interested person, an extract from the register of members of a self-regulatory organization within a period of not more than three working days ...

Decree of December 18, 2018 in case No. А41-44527/2018

Tenth Arbitration Court of Appeal (10 AAS)

Notice of decision. This paragraph corresponds to the corresponding obligation of the SRO to enter into the register information about the termination of membership in the event of a voluntary withdrawal of its member, provided for in Art. 55.17 of the Town Planning Code of the Russian Federation. Registration of termination of membership in connection with the voluntary withdrawal of its member from the SRO by a separate decision by the governing body of the SRO is not provided for by any ...

New edition Art. 55.17 GK RF

1) has become invalid;

2) information on whether a member of a self-regulatory organization has the right to carry out engineering surveys, to prepare project documentation, construction, reconstruction, overhaul, demolition of capital construction facilities under a contract for engineering surveys, preparation of design documentation, under a construction contract, under an agreement demolition contract concluded using competitive methods of concluding contracts;

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

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

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