How do you feel about the rejection of self-regulation and the return of the institution of licensing in the construction industry?
From 04/07/2017 to 05/12/2017
For maintaining self-regulation as it exists in this moment 0% (0)
For maintaining self-regulation, subject to fundamental changes 0% (0)
For the return of licensing, in the form in which it existed before 2009 0% (0)
For using two mechanisms at the same time: licensing and insurance 0% (0)
For abandoning self-regulation and introducing an insurance mechanism 0% (0)
For the rejection of any regulatory mechanisms in the construction industry 0% (0)
Question answer:
Question: Can a foreign company join an SRO in the construction industry without registering a branch of a foreign company with the Federal Tax Service?
Despite the fact that the Town Planning Code of the Russian Federation explicitly states that foreign legal entities (foreign companies) can join SROs of builders, designers and surveyors, and does not indicate the need to register a branch or representative office of a foreign legal entity in Russia (Art. 55.6 of the City Code - foreign companies are indicated), self-regulatory organizations are guided by the norms when admitting members federal law"About foreign investment V Russian Federation» dated 09.07.1999 No. 160-FZ, where in clause 3, art. 4 indicates the need for accreditation of a branch or representative office foreign company on the territory of Russia, for the implementation of commercial activities.
We quote: “A foreign legal entity whose purpose of creation and (or) activities are of a commercial nature and which bears property liability for decisions taken by it in connection with the implementation said activity on the territory of the Russian Federation (hereinafter referred to as a foreign legal entity), has the right to carry out activities in the territory of the Russian Federation through a branch, representative office from the date of their accreditation, unless otherwise provided by federal laws. A foreign legal entity terminates its activities in the territory of the Russian Federation through a branch, representative office from the date of termination of the accreditation of the branch, representative office.
Day of accreditation of a branch, representative office of a foreign legal entity or changes to the information contained in state register accredited branches, representative offices of foreign legal entities, which is information system(hereinafter also referred to as the register), or the termination of the accreditation of a branch, representative office of a foreign legal entity, the day of making the corresponding entry in the register is recognized. (Clause as amended by Federal Law No. 106-FZ dated 05.05.2014)"
Question: Is it possible to return the contribution to the compensation fund?
Answer: In accordance with Part 4 of Art. 55.7 of the Town Planning Code of the Russian Federation, a person who has terminated membership in a self-regulatory organization shall not be refunded a contribution to the compensation fund, unless otherwise provided.
By "other" is meant certain cases described in Art. 3.2 Federal Law “On the Enactment of the Town Planning Code of the Russian Federation” dated December 29, 2004 No. 191-FZ (as amended by the Federal Law “On Amendments to the Town Planning Code of the Russian Federation and Certain legislative acts Russian Federation” dated July 27, 2010 No. 240-FZ). They state that the construction, engineering, survey SRO is obliged to return to organizations or individual entrepreneurs that have terminated their membership in the relevant partnership, the funds they paid from the compfund, if the following conditions are met:
1) obtaining permission from this SRO to a certain type or types of work excluded on August 1, 2010 from the official list of types of work for engineering surveys, in preparation project documentation, for the construction, reconstruction, overhaul of facilities capital construction that affect the safety of capital construction projects;
2) the person’s lack of access to other types of work (lack of other types of work in the admission of the SRO);
3) termination of membership in this SRO no earlier than two and no later than 6 months from the date of exclusion of the types of work reflected in the admission from the official classifier of the list (that is, from September 1, 2010 to January 1, 2011).
It should be noted that only if all three of the above conditions are met, the self-regulatory organization is obliged to return the contributions to the compensation fund to the members that have left the membership in full.
For a return Money a period of no more than 10 calendar days after the termination of membership was allotted. The day of termination of membership is determined by the day of registration of an application from an individual entrepreneur or a legal entity to withdraw from the SRO.
Due to the fact that several years have already passed since the period of time allotted for the official termination of membership in the SRO, these grounds seem to be irrelevant.
The City Planning Code defines only a few assumptions for making payments from the compensation fund of a self-regulatory organization. Money can be returned if it was erroneously transferred to the SRO account; transferred for the placement of funds of the SRO compensation fund in order to maintain and increase it; used to make payments as a result of the onset of joint and several liability for the obligations of its members arising from the infliction of harm.
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Pavel Zhbanov, rector of the Academy of the Ministry of Construction of Russia: "We need trained personnel of higher qualification - both workers and personnel with secondary vocational education. Secondary vocational education now exists as education for mid-level specialists, as well as through training programs for skilled workers. And I would like to turn to this Special attention: highly qualified workers receive a secondary diploma from us vocational education. This is the request of the country's economy"
Some time ago, information appeared that the Russian government seriously thought about the need to pay more attention to the training of mid-level specialists in construction, industry, and management. And without this, it will not be possible to achieve significant breakthroughs in production. How can the Academy of the Ministry of Construction of Russia help the state? Pavel Anatolievich Zhbanov, - rector of the Academy of the Ministry of Construction, - guest of our program ...
Pavel Zhbanov: The Academy provides training at various levels of vocational education. To a greater extent, we deal with issues of professional retraining and advanced training of specialists with higher education and specialists with secondary specialized education. In 2009, the former training and course factories of the Gosstroy of Russia in Ryazan, Yekaterinburg, Novokuznetsk were attached to the Academy as branches, Nizhny Novgorod, where these plants were focused on the training of workers and professional retraining.
Despite the fact that we mainly work with specialists with higher professional education, it is in branch network a serious direction is developing - retraining and advanced training of specialists with secondary specialized education.
- But do new technologies make it possible to bring at least some acceptable form of housing stock, which in many cases is in a very deplorable state?
Pavel Zhbanov: We began the debate on this issue with the need for trained personnel of higher qualifications - both workers and personnel with a secondary vocational education. I would like to draw your attention to the cardinal change that has taken place with the release of the new law on education. If we turn to this law, we will see that secondary vocational education now exists. as education for mid-level specialists, as well as secondary vocational education in training programs for skilled workers. And I would like to pay special attention to this. Today, our highly skilled workers receive a diploma of secondary vocational education (earlier, only primary vocational education was mentioned).
There are requests from the country's economy for highly qualified workers, and they are being implemented through the system of new education that we are building. And the approach of the education system to the need for staffing high technology absolutely adequate for an economic breakthrough. And if seventy-one million people are employed in the domestic economy today, then among them there are thirteen million workers who have been trained under programs for the training of highly qualified specialists. At the same time, there are twenty-two million specialists with higher education, and eighteen million middle-level specialists.
Of course, the ratio is insufficient - I understand that there is a bias. But there is a tendency to increase highly qualified workers in the country's economy, and this is undoubtedly a positive trend...
Photo: Nikolay MALYSHEV
President of the Institute of Specialists investment sphere Higher School of Economics on Sold Asphalt, Burst Pipes, and a Bright Future for Housing and Public Utilities
- Pavel Anatolyevich, why do you think the housing and communal services sector, despite the measures taken, has been one of the most resonant and problematic in the country for many years?
- The housing and utilities sector has always been, is and will be resonant and problematic. But we must pay tribute - there is a positive trend. It is absolutely obvious, even looking from a territorial and climatic point of view, that the housing and communal services of the Russian Federation have no analogues in the world! Imagine - the length of only thermal utility networks is 2.5 times greater than the length of Russian railways. Therefore, when populist politicians say “let's use the experience of other countries”, then you need to understand that not a single country in the world has experience in operating such extended centralized life support systems in a harsh climate. When the temperature drops to -5 degrees in France, it's a communal collapse. And here in some regions it can reach minus 60. If we talk about America, then they have a significant part of the housing stock of frame, collapsible modifications. How can this be compared with our country? Our housing and communal services are fundamental. Yes, there were not isolated situations of failure, when repairs were not completed on time engineering networks led to collapse in some regions. It is important to remember that in some regions wear engineering systems about 90% and they need to be changed. But this requires investing about 13 trillion rubles in housing and communal services. And there is no such money in the budget now. Therefore, one of the main tasks today is to ensure an influx of investments and create an investment climate for private capital to enter the housing and public utilities sector.
- It seems to me that this is a very difficult and slow process ...
Yes, difficult. But, the country has already begun a "big repair" of the housing stock - more than 700 thousand residential buildings, with an annual volume of collected funds of 160 billion rubles. Yes, people have absolutely justified complaints about the quality of work, and there is still a lot to be done in this part. Now slowly private business begins to come to the utility infrastructure in the form of concession agreements. And here it is important to build a model that will lead to a socially oriented business. After all, people are already stressed because of the high pay. utilities. The recent situation in Novosibirsk has confirmed this. Therefore, when heating networks and water utilities are now being transferred to concessions, the municipal authorities are worried about main question- ensuring tariffs for communal resources that do not lead to social explosions. After all, there were cases when, after the transfer of infrastructure facilities to a concession, utility bills increased by 3 times! And what is happening with the former military camps is a deplorable picture in general!
- Heard that there is a huge problem with the former military camps?
Very big. The fact is that the management of the housing stock of the Moscow Region has undergone drastic changes over the past 5-6 years. And the most the main problem now in the vacated military camps, which the army no longer plans to use, and they are being transferred to the municipalities. In 2017 alone, about 120 military camps are to be transferred, and this, you see, is a staggering figure ... Within the framework of the existing Housing Code, we have been building the country's housing management system for more than 12 (!) years and work for years to come. And here is the army, which has always lived according to its canons of government. Yes, there are military camps! Recently, in Moscow, they went on a raid - this was the first time in my practice when the military turned to the ONF - a hostel for the military on Hospital Lane. So, because of the monstrous state of the building, the house was disconnected from the gas a year ago. From the point of view of the gas service, everything is correct - they must prevent the explosion of the building. But where does the Department of Housing Fund Maintenance of the Moscow Region look instead of joining in solving the problem in response to the appeals of the military, it writes that since they do not own 100% of the building, the Fund should do major repairs overhaul Moscow. Services bicker, and people sit for a year without gas! At the same time, the consumption of electricity has sharply increased up to the overload of the network, since the heaters are connected. And this is in Moscow!
- What is going on in the regions in this case?
A few years ago, I came with my son to the Dubrovo garrison, where I once served, and was shocked. In this once exemplary part of Slavyanka, they removed and sold all the asphalt from the parade ground and access roads. Now they have put things in order and the roads have been restored. But there is a common problem for military camps - nothing is being done in terms of compliance with the Housing Code (LC) for military personnel, whose camps are now being transferred to municipalities. Their apartments are not privatized, no one concludes a social contract with them, but at the same time they constantly receive and pay bills from management company. And even two companies at once! As they explain - "there was a change of management companies." Yes, they did not see them in the eye. No one provided the military personnel with a management agreement, nor did they provide utility bills. The military receives letters that their buildings have been transferred to another resource supply company. Why did this happen? There, a single resource company has been supplying this town for more than 50 years. What suddenly new networks were laid, or what? People are outraged that they do not understand the current situation and feel deceived... Previously, the military lived in towns in service apartments and no one thought about the housing code, they lived according to the Charter. Retired? Get instead office apartment your home in the nearest city. Now the military has found itself in a different paradigm - they have served 25-30 years and now they have to figure out what “ social recruitment What is a "management company". They receive payments and pay for the overhaul of buildings, although they should not do this if they are not the owners. If the buildings are under the jurisdiction of the Ministry of Defense, then the Ministry of Defense must pay for the overhaul. If it is now municipal housing stock, then the municipality must pay for the repairs. But municipalities are not interested in accepting military camps on their balance sheet ...
That is, they remain homeless ...
To date, about 20 acts of transfer (out of 120) of military camps to the jurisdiction of municipalities have been prepared. The remaining 100 towns are between heaven and earth. They have already been abandoned, but not yet accepted for balance. But at the same time, payments from two or even three management companies are already coming! The fact is that no one has ever been engaged in housing education in military camps. It turns out that people are brazenly fooled! They gave 30 years of their lives to serve the Motherland, and now they are being robbed because the military does not understand anything in the housing and communal services. And you need to know that according to the housing code, a management company report on spending should be carried out once a year. Every year, tenants must approve an estimate for the maintenance and repair of the building for this year, which is an annex to the management agreement. Residents should understand how their utility bills are calculated, by what method ...
- And what to do in such a situation? People cannot cope on their own, they have neither experience nor education in this matter.
The first decision that lies on the surface, although not the most effective, is to conduct an educational program in the garrisons on the topic housing. For 120 towns, this can be done. They themselves are in housing code will not understand, so they need to explain all the important points. Secondly, until the transition to the balance of the municipality, the military camps are de jure under the jurisdiction of the Ministry of Defense and the operation of the untransferred housing stock should be carried out by the management of the ZhF MO operation without any change of shifts of the Criminal Code. Complete tasks up to one milestone first. And then at the same time with the signing of the act of transfer, inform people where they will now need to apply. It will not be a problem to do this at 120 points - there would be interest. In any case, officers must know what to do, how everything should go right and who to contact in case of “unsolvable” problems.
- Is there an address and phone number of the organization where they need to contact?
Eat. This is the State Housing Authority. By virtue of the LCD, putting things in order in all aspects of housing and communal services is given to housing inspections. Now they are in charge of everything - from control over the holding of general meetings of owners, the choice of the capital, the correctness of the accrual of CG, the order of getting into the Capital Repair program. Moreover, according to Article 20 of the LCD, the duty of the housing inspectorate is to demand strict compliance with housing legislation from the heads of municipalities. In fact, the housing inspector can write out an order, the second, the third, and then apply for disqualification of the mayor of the city for failure to comply with the LCD. It's just that not everyone knows that the housing inspection is endowed with such powers and they turn to the municipality. And it is unprofitable for the municipality to deal with emergency buildings. As soon as such a house is accepted for interdepartmental commission into the emergency category, then, in accordance with the law, it must be resettled within a month. And there is no replacement fund! They didn't do it on time - the prosecutor's office will come and the mayor will be punished for non-compliance ... Therefore, the military must contact the housing inspection - the result is practically guaranteed! The fact is that the federal vertical has been built. Each subject of the federation has its own inspection and there is a chief housing inspector of the country, on which all housing inspections of the subjects close. We have used this algorithm many times.
- There is also an extremely acute problem for military camps with preparations for the heating season, which has been going on for 4-5 years and is not really being solved ...
This is an objective thing. If the system is worn out, then with a high degree of probability the pipes will burst, if not this season, then the next. Therefore, an important task that the authorities are solving is the replacement of engineering networks and communications in the house, as well as external engineering systems. Eat important point which is not spoken about. The fact is that when we talk about wear and tear of networks, we mean wear and tear on accounting. A is necessary technical inventory networks to understand real situation affairs. Technologies for how to do this already exist, but it is easiest for management companies to carry out “planned preventive work”. As I have already said, a large amount of housing and infrastructure funds is subject to repair, and the state does not have enough money in such a volume. Therefore, it is necessary to look from the point of view of reducing the tax burden on how to attract investors to the housing and communal services sector ...
- ... that is, it is necessary for private companies to come and take on this headache ...
Yes exactly. A big plus for them is that business in housing and communal services is absolutely guaranteed - payments from citizens are always received. Our payment for utilities is about 90%, and debts from individuals Hardly ever. Only companies have debts now. And this is a guarantee of return of funds for investors. Alas, the investment environment itself has not yet been created in our regions. It's no secret that it often happens that a new governor comes to power and all the rules of the game change immediately. Therefore, businessmen are afraid that the investment costs are billions, and not every investor is ready to take risks just like that. Therefore, now organized working group to create investment climate in housing and communal services, and this issue will be discussed at the State Council. As for this heating season, there will certainly be some improvements, but not fundamental ones. Because first it is necessary to modernize the infrastructure, modernize the housing stock and do it comprehensively, in unified system. Otherwise, you upgrade the CHP, but do not carry out energy-efficient repairs around the house and all the energy you produce will heat the street. Because I repeat: housing and communal services is a thing of system analysis, system solutions and the continuity of ZhF and communal infrastructure.
- What do you think, how much time will it take to put things in order in the complex housing and communal services system?
The word "order" is very relative. I would talk about the smooth operation of the system as a system as a whole. The trend is absolutely positive, but we need another 5 years. Recently, the Ministry of Construction of the Russian Federation announced that it is planned to switch to new types of services in heating systems and that hot water shutdowns in summer should not exceed 3 (!) days. And in order to ensure this period, a whole technological revolution and the Ministry of Construction takes three years to carry it out! Most of the problems in housing and communal services we have for heating, and the second - for the quality of water. If we move the heating situation, then it’s already great. There is currently a lot of work being done on housing stock. Just think about it, 4,000 houses are overhauled in Moscow every year. This is a colossal volume. And in order to move on to systemic transformations, we need trained personnel. And now they are gone! In the 1930s, the Academy of Public Utilities was created and successfully operated, which was later closed. But now everything will begin to slowly recover, because this system is interesting both from the point of view of management and from the point of view of a career. What parents would not send their child to be trained as a "city manager"? Therefore, we at the Higher School of Economics are now embarking on the Higher School of Urban Economics project in order to form a knowledge system and also train teachers. Based on current needs, about 5,000 teachers are needed throughout Russia. We have now agreed (Ministry of Construction and the authorities of the subjects of the federation) that the system needs to be recreated. Each subject should have a university in urban economy or at least a department. Then there will be no problems with heating, and the military camps will be in perfect order.
1. NRU "Higher School of Economics" (Moscow, Myasnitskaya 20 www.hse.ru);2. Ministry of Construction and Housing and Communal Services of the Russian Federation (127994 Moscow, Sadovaya-Samotechnaya st., 10/23, building 1 [email protected] Tel.: (495) 647-15-80);
3. FAU "Project Directorate of the Ministry of Construction of Russia" (127051 Moscow, Sadovaya-Samotechnaya st., 24/27 [email protected]);
4. NP "Russian Heat Supply" (Moscow, Semenovskaya emb., 2/1 Tel./fax: (495) 974-86-40, 974-86-41, 974-86-42 (ext. 1051, 1057);
5. Russian Academy of National Economy and public service under the President of the Russian Federation (119571, Moscow, Vernadsky Avenue, d. 82, [email protected] +7(903)726-14-51);
6. All-Russian Trade Union of Life Support Workers (119119 Moscow Leninsky Prospekt, 42 +7(495) 938-80-24);
7. Non-profit partnership "National Housing Congress" (101000 Moscow, Novaya Basmannaya St., 23B, building 20, office 104 (metro station Krasnye Vorota) +7 (499) 653-57-53);
8. "Center for Business Certification" (199406 St. Petersburg, Nalichnaya st., 25/84, letter A, room 15-H 8 (812) 576-73-53);
9. JSC "All-Russian Scientific Research Institute of Certification" (123557 Moscow, Electric lane, 3/10, building 1 8 (499) 253-0146);
10. Institute of Urban Economics Foundation (125009 Moscow, Tverskaya st., 20/1 Tel.: (495) 787 45 20 [email protected]);
11. Bryansk State Engineering and Technology University (Bryansk region, Bryansk, Stanke Dimitrova avenue, 3 (4832) 74-60-08, 74-49-18, 74-67-44);
12. Association "Liftservice" (105203 Moscow, 15th Parkovaya St., 10a. Tel/fax: (495) 463-04-81; (495) 620-59-02);
13. State Housing Inspectorate of the Udmurt Republic (Izhevsk, Maxim Gorky St., 73 (3412) 390-001 [email protected]);
14. Commission on housing and communal services of the Civic Chamber of the city of Moscow (127006, Moscow, Uspensky lane, 14, building 2 (499) 257-53-14);
15. State Housing Inspectorate of the Murmansk Region (Murmansk, Karl Marx St., 18 (8152) 486-544);
16. Association "New Quality" (119435 Moscow, M. Pirogovskaya st., 13, building 1, office 320);
17. NP "Housing and Public Utilities Development" (119435, Moscow, Malaya Pirogovskaya street, 13, building 1, business center "P13", 4th floor +7 (499) 558-38-32);
18. Association of Regional Overhaul Operators (119435 Moscow, Malaya Pirogovskaya St., 13, building 1 Tel. 8 (920) 906-00-89);
19. CJSC Zhilkomaudit (127220 PO Box 19, Moscow, 1st Parkovaya St., 7 office 427 +7(495) 223-71-45 E-mail: [email protected]
20. NP "Russian Heat Supply" (Moscow, Semenovskaya emb., 2/1 Tel./fax: (495) 974-86-40, 974-86-41, 974-86-42 (ext. 1051, 1057) ;
21. National Association self-regulatory organizations construction NOSTROY (123242 Moscow, Malaya Gruzinskaya st., 3 +7 (495) 987-31-50);
22. NP "ZhKH Control" (127994 Moscow, Sadovaya-Samotechnaya st., 10/23, building 1 [email protected] Tel.: (495) 647-15-80);
23. All-Russian Industry Association of Employers "Union of Communal Enterprises" (129164, Moscow, Yaroslavskaya st., 8, building 3, office 210. Tel./fax: 926-94-00 e-mail: [email protected]);
24. NP "ZhKH-68" (392003, Tambov, Sovetskaya st. 190, building 2 +79107577417 [email protected]);
25. Russian association water supply and sanitation (119334, Russia, Moscow, Leninsky prospect, 38, building 2, tel.: (495) 939-19-36 [email protected]);
26. State Corporation "Fund for assistance to the reform of housing and communal services" (109028 Moscow, Zemlyanoy val street, 50A, building 3 tel. (495) 651-65-40 [email protected] 115088, Moscow, Sharikopodshipnikovskaya st., house 5. +7 (495) 651-65-46);
27. State Housing Inspectorate of the Moscow Region (123592, Moscow, Kulakova St., 20, building 1, technopark "Orbita-2", building "Beta", 7th floor +7 499 579-94-50);
28. Capital Repair Fund of the city of Moscow (101000 Moscow, Maroseyka st., 11/4, building 3 +7 (495) 777-77-77 [email protected]);
29. "Business Certification Center" (191311 St. Petersburg, Proletarian Dictatorship St., 6, lit. A +7 (812) 576-71-05 [email protected]);
30. Moscow Power Engineering Institute (NRU MPEI) (111250 Moscow, Krasnokazarmennaya st., 14 +7 (495) 362-75-60 [email protected]);
31. CJSC "Research Center municipal economy» (129515, Moscow, Kondratyuk street, 3 (495) 544-37-88, [email protected]);
32. ECOMASHGROUP LLC (170040 Tver, Borikhino pole st., 5A +7(800) 775-58-64 +7(4822) 777-604 [email protected]);
33.FGBOU "Moscow Architectural Institute ( state academy) (107031, Moscow, Rozhdestvenka st., 11/4, building 1, building 4 (495) 625-58-13 [email protected]);
34.KB Strelka (119072 Moscow, Bersenevskaya emb., 6, building 3 (495) 268-06-11);
35. Association of organizations, operators and specialists in the field of waste management "Clean Country" (119435, Moscow, Malaya Pirogovskaya street, building 13, building 1. www.clincantri.ru);
36. Association of the funeral industry (142103, Moscow region, G.O. Podolsk, 29 km. Motorway "Crimea", 1. www.rusapo.ru tel. 8 (499) 390-92-83).