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Amending The Housing Code Of The Russian Federation And Certain Legislative Acts Of The Russian Federation And Repealing Certain Provisions Of Legislative Acts Of The Russian Federation

Original Language Title: О внесении изменений в Жилищный кодекс Российской Федерации и отдельные законодательные акты Российской Федерации и признании утратившими силу отдельных положений законодательных актов Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW On Amendments to the Housing Code of the Russian Federation and certain legislative acts of the Russian Federation and of the Russian Federation's separate provisions adopted by the State Duma on 14 December 2012 class="ed">(In the federal law dated 29.06.2015 N 176-FZ Article 1 Amend the Housing Code of the Russian Federation (Legislative Assembly Russian Federation, 2005, No. 14; 2006, N 1, article 10; N 52, sect. 5498; 2007, N 1, st. 13, 14, 21; N 43, sect. 5084; 2008, N 17, sect. 1756; N 20, sect. 2251; N 30, sect. 3616; 2009, N 23, stop. 2776; N 39, sect. 4542; N 48, sect. 5711; N 51, est. 6153; 2010, N 19, sect. 2278; N 31, st. 4206; N 49, sect. 6424; 2011, N 23, 100 3263; N 30, est. 4590; N 49, sect. 7027, 7061; N 50, stop. 7337, 7343, 7359; 2012, N 10, st. 1163; N 14, est. 1552; N 24, est. 3072; N 26, st. 3446; N 27, sect. 3587; N 31, st. 4322) the following changes: 1) Article 2 to supplement paragraph 6-1 with the following content: " 6-1) arrange for the timely completion of the major maintenance of the common property in multi-apartment buildings through contributions Owners of premises in such houses for major maintenance of common property in apartment buildings, budgets and other sources of financing not prohibited by law; "; 2) in article 4, paragraph 1: (a) , including the payment of a contribution to the major maintenance of the of the multi-apartment building (hereafter referred to as a contribution for major repairs) "; b) to supplement paragraph 11-1 as follows: " 11-1) the formation and utilization of the capital master's property fund in the apartment building ([ -Capital repair fund); "; 3) in article 12: (a) to supplement paragraph 10-1 as follows: " 10-1) definition of the need for major maintenance of common property in Multi-mooring house; "; b) to supplement paragraph 16-4 of the following content: "16-4) monitoring of the use of the housing stock and ensuring its preservation;"; in) to supplement paragraph 16-5 with the following: " 16-5) methodical maintenance of activities Regional operators (including the development of guidelines for the establishment of regional operators and their activities, the recommended reporting forms and the manner of its presentation); "; g) to supplement paragraph 16 to 6 of the following content: " 16-6) monitoring selection and Realization by owners of premises in the building of a capital master plan; "; 4) article 13, to supplement paragraph 8-2 with the following content: " 8-2) fixing the minimum contribution to overhauls; "; 5) Article 19 should be added to Part 6 as follows: " 6. Monitoring of the use and preservation of the housing stock is carried out by the Government Commissioner of the Russian Federation, in accordance with the procedure established by the Government of the Russian Federation. " 6) in article 20: a), after the words "the use and maintenance of the common property of the owners of apartment buildings," to be supplemented by the words "the establishment of capital maintenance funds", after the words "the provision of public utilities". services to owners and users of premises in multi-apartment buildings Houses and houses "to be supplemented by words", specialized non-profit organizations that carry out activities aimed at ensuring the major maintenance of the common property in apartment buildings (hereinafter referred to as the regional capital) (a) "(except for regional operators)" should be supplemented with the following sentence: " In relation to the implementation of public housing oversight of regional operators, the organization and the The provisions of this Federal Act shall be applied, taking into account the particulars prescribed in Part 4-3 of this Article. "; Regional operators are tested at any frequency and without forming an annual plan for scheduled inspections. The period of inspections shall not be limited. An exceptional inspection of the regional operators shall be carried out without coordination with the procuratorial authorities and without prior notification of the regional operators to carry out such inspections. "; 7), to supplement Article 36-1, as follows: " Article 36-1. The total money in the special account 1. Owners of the premises in the apartment house belong to the right to cash held in a special account intended for the transfer of funds for the major maintenance of the common property in the apartment building and opened in credit institution (hereinafter referred to as the "special account") and formed from contributions for major maintenance, interest paid in connection with the improper performance of the duty to pay such contributions, and interest earned by the credit organization for Use of cash in the special account. 2. The share of the owner of the apartment block in the right to cash in the special account is proportional to the total amount of contributions for major repairs paid by the owner of the premises and the prior owner of this room. 3. The right of the owner to a portion of the estate in a special account is followed by the fate of the ownership of the premises. 4. When the right of ownership is transferred in the apartment house, the share of the new owner of such premises in the right to cash held in the special account is equal to the share in the right to the said funds of the previous owner of this room. 5. The owner of the apartment building is not entitled to demand a share of the money held in a special account. 6. If the property is acquired in the apartment building in the apartment house, the share in the right to cash is transferred to the special account. 7. The terms of the contract under which the transfer of ownership of premises in a multifamily home is not accompanied by a change in the share of the right to cash held in a special account is void. "; 8) in Part 2. Article 44: (a), add the words ", on the use of the capital master plan"; b) to supplement paragraph 1 to 1 as follows: " 1-1) deciding on how to form the capital fund repairs, scale of contribution to overhauls in excess of its size above the minimum level of the contribution to major maintenance, the minimum size of the capital master plan, in excess of its size above the established minimum size of the capital master plan (in the case of the Russian Federation The Federation has a minimum size of the capital master plan), the choice of a person authorized to open a special account and transactions with money in the special account; "; in) to supplement 1-2 , to read: " 1-2) making decisions on receipt homeowners ' associations, or a housing cooperative, housing cooperative or other specialized consumer cooperative, managing organization and directly managing an apartment house premises in this house by the person authorized by the decision of the general meeting of such owners, credit or loan for major maintenance of the common property in the apartment house, on the determination of significant terms of the loan contract or loan agreement, guarantee, guarantee or loan by these persons; and on the conditions for obtaining the said guarantees, suretyship, as well as the repayment of a loan or loan from the capital master plan to cover the cost of the major maintenance of the common property in the apartment building and the interest paid for Use of credit or loan data, payment from the capital repair of the costs of the said guarantee, surety; "; 9) paragraph 5, paragraph 5, of article 153, to be supplemented by the words" subject to the rule laid down in part 3 of the article 169 of this Code "; 10) Part 2 of Article 154 shall be stated as follows: editions: " 2. The rent and utilities for the owner of the apartment building includes: 1) pay for the maintenance and repair of the dwelling, including payment for services and work on the management of the apartment building, maintenance of general stores in apartment building; 2) contribution for major repairs; 3) utility charges. "; 11) in article 155: (a) in Part 5 of the word", current and capital " be replaced by the words "and the current", supplemented by the words ", including the payment of contributions to overhauling under article 171 of this Code; b) Part 6 is supplemented by the words ", including contributions for major repairs under article 171 of this Code"; in Part 7 of the word "the case provided for in Part 7-1 of this Article" shall be replaced by the words "the cases provided for in Part 7-1 of this Article and Article 171 of this Code"; d) Part 14 after the word "(debtors)" to be supplemented with the words "(except for contributions)". supplement) "; d) to be completed by a portion of the following 14-1 Content: " 14-1. Owners of premises in the apartment house, late and (or) not completely paid, are required to pay to the capital maintenance fund interest in the amount established in accordance with Part 14 of this Regulation. articles. The percentage is paid in accordance with the procedure established for the payment of contributions for major repairs. "; 12) Article 156: (a) to supplement part 8-1 as follows: " 8-1. The minimum contribution for major maintenance is established by the normative legal act of the constituent entity of the Russian Federation in accordance with the methodological recommendations approved by the Government Plenipotentiary of the Russian Federation The executive branch, in accordance with the procedure established by the law of the constituent entity of the Russian Federation, on the basis of the total space occupied by the Russian Federation, may be differentiated depending on the place of residence of the Russian Federation. of the municipal entity in which the apartment house is located, with of the type and level of reliability, the cost of carrying out major repairs of certain elements of construction and engineering systems of the apartment building, the standard terms of their effective operation until the next major overhaul (regulatory interrenovations), as well as in accordance with the present Code and the regulatory legal act of the subject of the Russian Federation on the overhaul of the common property in the apartment building. "; b) to supplement Part 8-2, to read: " 8-2. Owners of the premises in the apartment house may decide to establish a contribution for major repairs in the amount exceeding the minimum amount of such contribution, established by the legal act of the subject of the Russian Federation. "; 13) in article 158: (a) Part 1, in addition to the words "and contributions for capital repairs"; b), Part 2, as follows: " 2. The costs of major maintenance of the common property in the apartment building are financed from the capital master plan and other sources not prohibited by law. "; in) Part 3, in addition to the words" not executed by the previous one ". The owner of the obligation to pay the contributions for capital repairs; 14) in article 159: (a) Part 6 of the second sentence should read: " The size of the regional standard for the cost of housing and utilities services shall be established for the persons referred to in paragraphs 1 to 3 of part 2 of this article on the basis of The amount of the fee for the use of the accommodation (rent) for employers under social contract agreements living in multi-apartment buildings, the level of improvement, the design and the technical specifications of which correspond to the average conditions in the municipality, the amount of the fee used to pay for the maintenance and repair of the accommodation for the specified employers, prices, tariffs and consumption of utilities used for the calculation Utilities for these employers. ", The following sentence is proposed: " The regional standard for the cost of housing and utilities shall be set for the owners of dwellings based on the amount of the fee used to pay for the maintenance and repair of a dwelling for specified employers, minimum contribution for major repairs (in accordance with the present Code of contributions for major repairs), prices, tariffs for the resources required for the provision of public services and consumption standards utilities used to calculate utility charges (b) Part 11, after the words "cost of housing and utilities" to be supplemented by the words ", including the cost of housing and communal services for owners of residential premises, The Code pays contributions for major repairs, "; (15) to supplement section IX to read: " SECTION IX " ORGANIZATION OF THE CAPITAL REPAIR FOR THE COMMON PROPERTY IN THE MULTIPLE PROPERTIES Chapter 15: General provisions for the major maintenance of the general stores of property in apartment buildings and the procedure for its financing Article 166. Major maintenance of common property in apartment building 1. List of services and (or) major maintenance of common property in the multi-apartment building, the provision of and (or) the implementation of which are funded from the capital master plan The major repair, established by the regulatory legal act of the constituent entity of the Russian Federation, includes: 1) repair of internal engineering systems of electrical, heat, gas, water, water supply; 2) repair or replacement (a) The repair of the equipment; Lite mines; 3) repair of the roof, including the rearrangement of the unventilated roof on the ventilated roof, the roof exit device; 4) repair of the basement areas related to the common property in the apartment building; 5) Consolidating and repairing the facade; 6) the installation of collective (shared) instruments to take into account the consumption of the resources required for the provision of public services and the management and regulation of the consumption of these resources (thermal energy, hot and cold water, electric energy, gas); 7) repair of the foundation of the apartment building. 2. Legal Decree of the constituent entity of the Russian Federation, the list of services and (or) major maintenance works of common property in a multi-apartment house financed from the capital master plan, based on The minimum contribution for major repairs, established by a legal act of the constituent entity of the Russian Federation, may be supplemented by other services and (or) work. 3. In the case of the owner of the buildings in the apartment building, the decision to establish a contribution for major repairs in excess of the minimum contribution for major repairs, part of the capital master plan, formed by This excess, as decided by the general meeting of owners of the apartment building, may be used for the financing of any services and (or) major repairs to the common property in the apartment building. 4. A list of services and (or) major maintenance works of common property in the apartment building, which can be financed from the State support provided by the constituent entity of the Russian Federation, is determined by the legal act of the Russian Federation Article 167. Ensuring the timely completion of the capital master's repair of common property in apartment buildings State authorities of the constituent entity of the Russian Federation shall adopt normative legal acts aimed at Ensuring the timely completion of the major maintenance of common property in multi-apartment buildings located in the territory of the constituent entity of the Russian Federation, which: (1) establishes a minimum contribution for major repairs in multi-family housing; 2) establishes the procedure for monitoring the technical condition of apartment buildings; 3) creates a regional operator, decides on the formation of its property, approves the constituent documents of the regional operator, the procedure for the regional operator; 4) establishes the procedure and conditions for the provision of state support for the overhaul of the common property in multi-apartment buildings, including the Provision of guarantees, loans or loans, in the event that The relevant funds for the implementation of this support are provided by the law of the subject of the Russian Federation on the budget of the subject of the Russian Federation; 5) establishes the procedure for the preparation and approval of regional capital programmes. The repair of general stores in apartment buildings, as well as requirements for these programs; 6) establishes the order of the person to whom the special account is opened (the holder of the special account) and the regional operator of information to be provided under Part 7 of the Article 177 and article 183 of this Code, the list of other particulars to be provided by the persons concerned and the procedure for the provision of such information; 7) establishes the manner in which the holder of the special account shall be paid by the holder of the special account and (or) regional the operator of the capital master plan of the owners of premises in the apartment building, as well as the procedure for the use of the capital repair fund for the purpose of demolition or reconstruction of the apartment building in the cases provided for by the present Code; 8) establishes the procedure for controlling the (a) The purpose of the fund is: Article 168. Regional major maintenance programme common property in apartment blocks 1. The supreme executive bodies of the federal subjects of the Russian Federation approve regional programmes for the major maintenance of common property in apartment buildings for planning and organizing major repairs to the general public. property in apartment houses, planning for the provision of state support, municipal support for major maintenance of common property in apartment buildings with funds from the regions of the Russian Federation, local (hereinafter referred to as State support, municipal (c) Capital master plan. 2. The regional capital master plan programme in multi-apartment buildings (hereinafter referred to as the regional capital master programme) is based on the period required to undertake major maintenance of the common property in all multi-apartment buildings. houses located on the territory of the constituent entity of the Russian Federation and includes: 1) a list of all apartment blocks in the territory of the constituent entity of the Russian Federation, with the exception of the flats recognized in the territory of the constituent entities of the Russian Federation by the Government of the Russian Federation (2) List of services and (or) major maintenance work on common property in multi-apartment buildings; (3) plan year for major maintenance of common property in multi-apartment buildings; 4) Other information to be included in the regional capital master plan in accordance with the regulatory legal act of the constituent entity of the Russian Federation. 3. The order of capital repair of the common property in apartment buildings is defined in the regional capital master plan based on the criteria established by the law of the subject of the Russian Federation and may be differentiated on municipal education. As a matter of priority, the regional major maintenance programme should provide for major maintenance: 1) common property in multi-apartment buildings requiring major maintenance on the date Privatization of the first dwelling, provided that such major maintenance is not carried out on the date of approval or actualization of the regional capital master plan; 2) of the multi-apartment buildings, the major repair of which is required in procedures for establishing the need for major maintenance of the Russian Federation. 4. Revisions to the regional capital master plan of changes in the fixed term for major maintenance of the common property in the multi-apartment building for a later period, to reduce the list of planned services and (or) The works on major maintenance of the common property in the apartment block are not allowed, except in the case of the corresponding decision by the owners of the premises in this apartment building. 5. The regional capital master plan should be updated at least once a year. 6. The procedure for the preparation and approval of regional capital programmes and the requirements for such programmes shall be established by the law of the constituent entity of the Russian Federation in accordance with this Code. 7. In order to implement the regional capital master plan, specify the time frame for the major maintenance of the general stores in the apartment buildings, specify the planned services and (or) work on the major maintenance of the common property in State authorities of the constituent entities of the Russian Federation and local self-government bodies are obliged to approve short-term (term of office) up to three years) plans for the implementation of the regional capital programme OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 169. Contributions for major maintenance common property in apartment building 1. Owners of apartment buildings are required to pay monthly contributions for major maintenance of the common property in the apartment building except in the cases provided for in Part 2 of this Article, Part 8 of Article 170 and Part 4 of the Article 181 of this Code, in the amount established in accordance with article 156, part 8-1 of this Code, or, if the decision is made by a general meeting of owners of premises in a multifamily home, in a larger size. 2. The contributions for capital repairs are not paid by the owners of the premises in the apartment building recognized by the Government of the Russian Federation in accordance with the procedure established by the Government of the Russian Federation for emergency and demolition orders, as well as in case of adoption by the executive body of the State or local self-government authorities of decisions to seize the State or municipal needs of the land on which the apartment block is located and the removal of each dwelling in this apartment building, of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION Owners of the premises in the apartment block are exempt from the obligation to pay for major repairs from the month following the month in which the decision to seize such a land has been made. 3. The obligation to pay the contributions for major repairs arises from the owners of the premises in the apartment block after four calendar months, if the earlier period has not been established by the law of the constituent entity of the Russian Federation, starting in the month, next month in which the approved regional capital master plan, which includes this apartment building, has been officially published. 4. The proceeds from the transfer of common property objects in the apartment building, the funds of the homeowners 'partnership, including the income from economic activities of the homeowners' association, may be directed at the decision of the owners. premises in the apartment building, the decision of the members of the homeowners 'partnership, adopted in accordance with the present Code, the charter of the homeowners' association, the establishment of a capital master plan Owner-occupied dwellings in multi-apartment building in payment of capital contributions Repairs. Article 170. The capital master plan and how to form this fund 1. Contributions for major maintenance paid by the owners of the apartment house, interest paid by the owners of such premises due to improper performance of their obligation to pay for major repairs, interest, The accrued for the use of the cash in the special account shall constitute the capital master plan. 2. The size of the capital master plan is calculated as the amount specified in part 1 of this article, net of the amounts transferred from the capital master plan to the cost of the services rendered and (or) the work performed The major maintenance of the common property in the apartment house and the advances for these services and/or work. 3. Owners of the apartment building are entitled to choose one of the following ways to form the capital master plan: 1) to transfer the capital master plan to the special account for the purpose of forming the capital master plan Repairs in the form of cash held in the special account (hereinafter referred to as the capital master's special account); (2) list of contributions for major repairs to the regional operator for the purpose of formation in the form of obligations of owners of premises in the In the case of a regional operator (hereinafter referred to as the formation of a capital repair fund in the regional operator's account). 4. In the event that the owners of the premises in the apartment building as a method of forming the capital master plan chose to form it in a special account, the decision of the general meeting of owners of the premises in the apartment house should be Defined: 1) a monthly contribution for major maintenance, which should not be less than the minimum contribution for major repairs, established by the regulatory legal act of the constituent entity of the Russian Federation; class="ed"> (expandable-Federal Law dated 29.06.2015 N 176-FZ ) N 176-FZ ) 4) the owner of the special account; 5) a credit institution in which a special account will be opened. If the owner of the special account has a regional operator chosen by the owners of the premises in the apartment building, the credit institution must carry out the opening and maintenance of special accounts in the territory of the respective bank of the Russian Federation In the event that the owners of the premises in the apartment house did not select a credit institution in which a special account will be opened, or the credit institution does not meet the requirements specified in this paragraph and article 176, part 2. of this Code, the question of the selection of a credit institution in which a special account is to be opened shall be deemed to be transferred to the discretion of the regional operator. 5. The decision on the determination of the method of formation of a capital repair fund should be accepted and implemented by the owners of the premises in the apartment building within the period fixed by the State authority of the constituent entity of the Russian Federation, but not for more than two months after the official publication of the procedure of the regional capital programme approved in accordance with the law of the Russian Federation, which includes a multi-apartment building that is being addressed (a) The question of how to establish its capital master plan. In order to implement the decision to establish a capital master plan in a special account opened in the name of the regional operator, the owners of the premises in the apartment house should send a copy of the general protocol to the regional operator. Meetings of such owners, who are in the process of doing so. 6. Not later than one month before the end of the period laid down in Part 5 of this article, the local government shall convene a general meeting of owners of the premises in the apartment building to decide on how to form the fund a major overhaul, if no such decision has been taken previously. 7. In the event that the owners of the premises in the apartment building within the time limit specified in part 5 of this article have not opted for the method of forming the capital repair fund or the method chosen by them has not been implemented in accordance with paragraph 5 of this article In the case of article 189, part 7, of this Code, the local government shall decide on the establishment of a capital master plan in respect of such a house in the account of the regional operator. 8. The law of the constituent entity of the Russian Federation may establish the minimum size of the capital master plan in respect of apartment buildings, the owners of the premises in which these funds are formed in special accounts. Owners of the buildings in the apartment house are entitled to establish the size of the capital master plan in respect of their home in the amount of greater than the fixed minimum size of the capital master plan. Upon reaching the minimum size of the capital master plan, the owners of the apartment building at the general meeting of such owners are entitled to decide to suspend the obligation to pay for major repairs, with the exception of Owners who are in arrears in the payment of these contributions. Article 171. Highlights of the payment of capital master repairs 1. In case of the establishment of a capital master account at the account of the regional operator, the owners of the buildings in the apartment house pay for capital repairs on the basis of payment documents submitted by the regional operator on time, In the case of the Russian Federation, the Government of the Russian Federation is a party to the Convention on the Rights of the Child. 2. In the case of the establishment of a capital maintenance fund in a special account opened in the name of the person referred to in article 175, paragraph 3, of the present Code, contributions for major repairs shall be paid into such special account within the time limits established for payment of the payment for accommodation and utilities. Article 172. Control of forming a capital master repair 1. The owner of the special account within five working days of the opening of the special account is required to submit to the State Housing Oversight Authority a notification of the chosen owners of the premises in the appropriate apartment building Formation of the capital master plan with a copy of the protocol of the general meeting of owners of the premises in this apartment building on the adoption of the decisions stipulated in Article 170, paragraphs 3 and 4, of this Code, the bank's certificate of opening of the Russian Federation. 2. The regional operator is obliged to report to the State Housing Oversight Body in order and within the time limits established by the law of the constituent entity of the Russian Federation, as provided for by the law of the constituent entity of the Russian Federation. Owners of the premises in which the capital master account is formed in the accounts, the accounts of the regional operator, as well as the receipt of contributions for major maintenance from the owners of the premises in such apartment buildings. 3. The owner of a special account is obliged to submit to the public housing supervision authority, in order and within the time limits established by the law of the subject of the Russian Federation, information on the receipt of contributions for major maintenance from the owners of the premises in of the apartment block, the size of the balance in the special account. 4. The Public Housing Authority shall maintain a register of notifications referred to in part 1 of this Article, a register of special accounts, informs the local government and the regional operator on apartment buildings, the owners of the premises in that have not been chosen to form a capital master plan and (or) have failed to implement it. 5. The State Housing Authority shall provide the information referred to in parts 1 to 4 of this article to the federal executive authority responsible for the formulation and implementation of public policy and regulations. OF THE PRESIDENT OF THE RUSSIAN FEDERATION of capital construction) and housing and utilities, The procedure established by this federal organ. Article 173. Change how to form the capital master repair 1. The method of forming the capital master plan can be changed at any time on the basis of the decision of the general meeting of owners of the premises in the apartment building. 2. In case of major maintenance of the common property in a multi-apartment house, the loan, loan or payment of the services rendered or (or) to be repaid from the capital master plan is due to the capital master plan. In the case of the capital master plan, the change in the manner of forming the capital master plan for this apartment building is permitted, subject to the full repayment of such debts. 3. In the event that the capital master account is established in the regional operator's account, the owners of the buildings in the apartment house must make a decision in accordance with the requirements of the capital master plan. Part 4 of article 170 of this Code. 4. The decision of the general meeting of owners of premises in the apartment house to change the way the capital repair fund is formed within five working days after the adoption of the decision is sent to the holder of the special account, to which a list of contributions for major maintenance of common property in such a multi-apartment house or to a regional operator to which these contributions are credited. 5. The decision to terminate the capital master repair fund in the account of the regional operator and the formation of a capital repair fund in the special account enters into force two years after the regional decision of the general assembly is sent to the regional operator. Owners of premises in the apartment building in accordance with Part 4 of this article, if a lesser period is not established by the law of the subject of the Russian Federation, but not earlier than the condition referred to in Part 2 of this Article. Within five days of the entry into force of the decision, the regional operator shall transfer the funds of the capital master plan to the special account. 6. The decision to terminate the formation of the capital repair fund in the special account and the formation of a capital repair fund in the account of the regional operator shall enter into force one month after the decision of the special account holder of the decision The meeting of owners of the premises in the apartment building in accordance with Part 4 of this Article, but not earlier than the condition referred to in Part 2 of this Article. Within five days of the entry into force of the decision, the owner of the special account shall transfer the funds of the capital master plan to the account of the regional operator. Article 174. Use of the capital master maintenance facility 1. The capital master plan funds can be used to pay for services and/or major repairs to common property in a multi-apartment building, development of project documents (if the project documentation is required in the in accordance with the law on urban planning), payment of construction control services, repayment of loans, loans received and used for the purpose of payment of specified services, works, as well as for payment of interest for the use of such services loans, loans, guarantees and surety such loans, loans. At the same time, funding may be provided from the capital master plan within the amount determined by the legal act of the constituent entity of the Russian Federation, based on the minimum amount of the contribution to the capital master plan. only the works provided for in article 166, paragraph 1, of this Code and the works provided for by the law of the subject of the Russian Federation, repayment of loans, loans received and used for payment of the works, and payment of interest for usage the loans, the loans. 2. In the case of the recognition of the apartment building, the emergency and the demolition or reconstruction of the capital repair fund shall be used for the demolition or reconstruction of the apartment building in accordance with article 32, paragraphs 10 and 11, of the present report. Code on the decision of owners of premises in this apartment building, and in the case of the seizure for state or municipal needs of the land on which the apartment house is located, and the corresponding retirement of each dwelling in of this multi-apartment building, with the exception of the right to housing The property of the Russian Federation, the constituent entity of the Russian Federation or the municipal entity, the funds of the capital master plan are allocated among the owners of the premises in this apartment house in proportion to their contributions Major maintenance and contributions for major repairs paid by the prior owners of the premises. Chapter 16: Formation of the capital master plan on the special account Article 175. Special Account 1. The special account is opened in the bank in accordance with the Civil Code of the Russian Federation and the features established by this Code. The funds deposited in the special account shall be used for the purposes specified in article 174 of this Code. 2. The owner of the special account may be: 1) the homeowners ' associations, which manage the apartment building and created by the owners of the premises in one multi-apartment building or several apartment buildings, The number of apartments in which is not more than thirty if the data at home are located on land which, according to the documents in the State Cadastre, have a common border and within which There are engineering support networks, other elements The infrastructure, which is intended to be shared by the owners of the houses in these houses; 2) is managing a multi-family housing cooperative or other specialized consumer cooperative. 3. Owners of the premises in the apartment house have the right to decide the choice of a regional operator as the owner of the special account. 4. Owners of the premises in the apartment house are entitled to carry out the formation of a capital repair fund in one special account only. In a special account, the funds of the capital master repair fund can be accumulated in only one apartment building. 5. The agreement of the special account is unlimited. 6. Cash held in a special account cannot be recovered from the obligations of the holder of the account, with the exception of obligations arising from contracts entered into by the General Meeting of Owners premises in the apartment building referred to in article 44, part 2, paragraph 1-2, of the present Code, as well as contracts for the provision of services and (or) capital repairs to the common property in this apartment building on the basis of Decisions of the general meeting of owners of premises in the apartment building Major maintenance or other legal grounds. 7. If the owner of the special account is declared bankrupt, the funds in the special account shall not be included in the insolvency estate. Article 176. Special account opening and closing considerations 1. The Special Account shall be opened in the name of the person referred to in paragraphs 2 and 3 of article 175 of this Code, upon presentation of a transcript of the general meeting of owners of the premises in the apartment building adopted in accordance with paragraph 1-1 Article 44, paragraph 2, of this Code and other documents provided for in the banking regulations. 2. The special account may be opened in Russian credit institutions, the amount of its own funds (capital) of which is not less than 20 billion rubles. The Central Bank of the Russian Federation publishes quarterly information on credit institutions that comply with the requirements of this Part on its official Internet site. 3. The special account contract may be terminated upon application by the owner of the special account, if there is a transcript of the general meeting of owners of the premises in the apartment building on the change in the manner of forming the capital stock Repairs, replacement of the owner of a special account or a credit institution, provided that there is no outstanding debt on the loan received in the credit institution for major maintenance of the common property in the apartment building. 4. The cash balance at the closure of the special account is listed on the application of the special account owner: 1) to the account of the regional operator if the method of formation of the capital master plan is changed; 2) Another special account, if the owner of a special account or a credit institution, is replaced by the decision of the general meeting of owners of the premises in the appropriate apartment building. 5. The owner of the special account is obliged to apply to the bank for the termination of the special account and to transfer the balance of the funds within ten days after obtaining the relevant decision of the general meeting of owners of the premises in the apartment building. In the event that the holder of the special account does not avoid the agreement of the special account or an application for the transfer of the balance of the funds held in a special account, to the account of the regional operator or other special account, in accordance with The decision of the general meeting of owners of premises in the apartment building, within the period fixed by this part, any owner of the apartment in the apartment building, and in the case referred to in paragraph 1 of part 4 of this article, also regional The operator has the right to apply to the court for the recovery of funds held in The special account for this apartment building, with an enumeration of them to another special account or to the account of the regional operator. Article 177. To perform operations on the special account 1. The following transactions may be carried out on a special account: 1) the writing-off of cash relating to the calculation of services rendered and (or) completed work on the major maintenance of the common property in the apartment house and the calculation of the Other services and (or) work referred to in article 174, paragraph 1, of this Code; (2) writing-off of moneys on the repayment of loans, loans received for payment of services and (or) work referred to in article 174, paragraph 1, of this Code, payment of interest for the use of such credits, loans, payment of expenses guarantees and surety for such loans, loans; (3) in the event of a change of the special account, the transfer of funds held in the special account to another special account and the admission to the special account of the money Assets written off from another special account, on the basis of the decision of the owners of the apartment building; 4) in the event of changes in the manner of forming the capital master plan to transfer funds to the account of the regional cash flows from the regional the operator, based on the decision of the owners of the apartment building in the apartment house; 5) the deposit of contributions for major repairs, interest charges for improper performance of the duty to pay such contributions; 6) accruals interest for the use of cash and the cancellation of commission fees in accordance with the terms of the special account contract; 7) the transfer of funds held in this special account in the case of provided for in article 174, paragraph 2, of this Code; 8) Write-off and transfer of funds related to the development and use of the capital master plan under this Code. 2. Special account transactions not provided for in part 1 of this article shall not be permitted. 3. The Bank shall, in accordance with this article, the banking rules and the contract of the special account, ensure that the special account transactions carried out are in conformity with the requirements of this Code. 4. Special account transactions may be carried out by the bank upon the instructions of the holder of the special account to the service provider and/or the undertaking of the major maintenance of the common property in the apartment block At home, when providing the following documents: 1) the minutes of the general meeting of owners of the premises in the apartment building containing the decision of such a meeting on the provision of services and (or) major maintenance work on the whole multifamily property; 2) service contract and (or) perform work on major maintenance of the common property in the apartment building; 3) an act of acceptance of the services rendered and (or) performed under the contract referred to in paragraph 2 of this Part. Such acceptance certificate shall not be granted in the case of an operation for the payment of an advance in the provision of services and (or) the performance of not more than thirty per cent of the value of such services and (or) work under the contract referred to in paragraph 2 of this part. 5. Operations to write off the special account for loans, loans and interest on loans, loans received for major maintenance of common property in a multi-apartment building can be carried out by the bank the order of the owner of the special account on the basis of: 1) the protocol of the general meeting of owners of the premises in the apartment building containing the decision of such a meeting on the conclusion of the loan agreement, the loan contract with by the bank, the Zymovets, with the instructions of these banks, the Zaymovets, the amount and purpose of the loan, Loan; 2) loan contract, loan contract. 6. The Bank shall refuse to carry out the order of the holder of the special account for the performance of the transaction in which the documents referred to in parts 4 and 5 of this article are not submitted. 7. The bank in which the special account is opened and the owner of the special account shall provide, at the request of any proprietor of the premises in the apartment house, information about the amount of the accrued owners of all the premises in the apartment building, on the balance of the special account, all operations under this special account. Chapter 17: Formation of capital maintenance funds by the regional operator. Activity of the regional capital master repair operator common property in apartment blocks Article 178. The legal position of the regional operator 1. The regional operator is a legal entity established in the organizational and legal form of the fund. 2. The regional operator is established by the constituent entity of the Russian Federation and may be established by several regional operators, each of which is carrying out activities in part of the territory of such a constituent entity of the Russian Federation. 3. The activities of the regional operator are carried out in accordance with federal laws and other regulatory legal acts of the Russian Federation, taking into account the peculiarities set by this Code, adopted in accordance with laws and other regulations. by the normative legal acts of the constituent entity of the Russian Federation. 4. The regional operator is not entitled to set up branches and open offices, as well as to create commercial and non-profit organizations, participate in the authorized capital of economic societies, property of other commercial and non-profit organizations. 5. Losses incurred by the owners of premises in apartment buildings as a result of failure or improper performance by the regional operator of their obligations arising from contracts entered into with such owners under the present The Code and the laws of the constituent entities of the Russian Federation are subject to reimbursement in the amount of contributions for major repairs under civil law. 6. The Russian Federation has a subsidiary liability for failure or improper performance by the regional operator of obligations to the owners of premises in multi-family buildings. 7. Guidance for regional operators (including the development of guidelines for the establishment of regional operators and their activities, the recommended reporting forms and the manner in which they are presented) is implemented The federal executive body, which is responsible for the elaboration and implementation of State policy and regulatory and legal regulation in the sphere of social and economic development of the constituent entities of the Russian Federation and municipalities, of Construction, Architecture, Urban Planning (for Exclusions of State technical accounting and technical inventory of capital construction projects) and housing and utilities. Article 179. Regional operator property 1. The property of the regional operator is formed by: 1) the contributions of the founder; 2) payments by owners of premises in multi-apartment buildings in the accounts of the regional operator; 3) other sources not prohibited by law. 2. The property of a regional operator is used for the performance of its functions in accordance with the procedure established by this Code and other legal acts of the Russian Federation and adopted under this Code by the law of the subject OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. The funds received by the regional operator from the owners of buildings in multi-apartment buildings, which are in the accounts of the regional operator, can only be used to finance capital expenditure. Repair of common property in these blocks of flats. The use of these funds for other purposes, including the payment of administrative and economic expenses of a regional operator, is not permitted. 4. The funds received by the regional operator from owners of premises in the same multi-apartment buildings, the accounts of the regional operator, can be used on a recoverable basis for financing the capital master plan for other apartment buildings, the owners of the premises in which they also form the capital master's repair funds in the accounts of the same regional operator. Under this law, the constituent entity of the Russian Federation may be established that such use of funds is permitted only if the specified apartment blocks are located in the territory of a certain municipality or territory Several municipalities. Article 180. Functions of the regional operator 1. The functions of the regional operator are: 1) for the accumulation of contributions for major repairs paid by the owners of premises in multi-apartment buildings for which the capital master's funds are formed in the account, accounts The regional operator; 2) opened special accounts and transactions in these accounts in the event that the owners of the apartment building at the general meeting of owners of the apartment house were selected of the regional operator as the owner of the special account. The regional operator is not entitled to refuse the owners of the premises in the opening of the account; 3) to carry out the functions of the technical customer of the works on capital repair of common property in multi-apartment buildings Houses owners of premises in which the capital repair funds are formed in the accounts, accounts of the regional operator; 4) financing the cost of major maintenance of common property in apartment buildings, owners of premises in that form capital master account funds in the accounts of the regional within the scope of these capital repair funds, with funds raised from other sources, including from the budget of the constituent entity of the Russian Federation and (or) the local budget; 5) The State authorities of the constituent entity of the Russian Federation and the local authorities in order to ensure the timely completion of the major maintenance of the common property in apartment buildings, the owners of the premises in which the funds are formed capital master account repairs, regional operator accounts; The constituent instruments of the regional operator of the Russian Federation and constituent instruments of the regional operator. 2. The procedure for the execution by the regional operator of its functions, including the procedure for the financing of capital repair of common property in apartment buildings, is established by the law of the constituent entity of the Russian Federation. Article 181. Regional operator 1. Owners of the buildings in the apartment building that decided to form a capital master account at the account of the regional operator, as well as owners of premises in the apartment house, which did not take a decision on the way of formation of the fund Major maintenance, in the case provided for under article 170, part 7, of the present Code, is required to conclude a contract with a regional operator for the establishment of a capital master plan and for the organization of the major maintenance, in accordance with the procedure established by the OF THE PRESIDENT OF THE RUSSIAN FEDERATION At the same time, the owners of the premises in this apartment building, possessing more than fifty percent of the votes of the total number of votes of the owners of the premises in this apartment house, act as one side of the concluded contract. 2. Under the capital master plan and the organization of major repairs, the proprietor of the apartment building is provided on a monthly basis in accordance with Article 171 of this Code and in full undertakes to contribute to the regional operator's contribution to major maintenance, and the regional operator undertakes to ensure that the common property in this multi-apartment building is carried out at a time determined by the regional programme capital master plan, capital master plan and capital master plan under this Code, transfer funds in the amount of the capital master plan to a special account or pay the owners of premises in the apartment house, the funds corresponding to the shares of such owners in the fund Major maintenance. 3. In the cases stipulated in article 170, part 7, of this Code, a regional operator within ten days of the decision by the local government authority to form a capital master plan for the apartment block The regional operator should provide the owners of the premises in this apartment house and (or) the persons who manage the apartment building, the draft agreement on the establishment of the capital master plan and the organization of the organization The capital master plan for the common property in this apartment building. 4. In the event that, prior to the capital master plan, the period of capital repair of the common property in the multi-apartment house has been completed, separate works on major maintenance of the common property have been completed in the given of the multi-apartment building provided for by the regional major maintenance programme, the payment of these works was carried out without the use of the budget funds and the funds of the regional operator, and in order to establish the necessity of holding and rehabilitation of common property in multi-apartment buildings These works are not required at the time established by the regional capital master plan, the cost of these works, but not more than the marginal cost of these works, determined in accordance with Part 4 of the Article 190 of this Code, shall count in accordance with the procedure established by the law of the constituent entity of the Russian Federation, in the performance of the future period for the payment of contributions for major maintenance by the owners of premises in multi-apartment buildings. Capital repair funds in the accounts, accounts of the regional operator. Article 182. The responsibilities of the regional operator for the organization of major maintenance of common property in apartment blocks 1. The regional operator provides capital maintenance of the common property in the apartment building, owners of the premises in which the capital repair fund is formed in the account of the regional operator, in the volume and in terms stipulated the regional capital master plan, and funding for major maintenance of the common property in the multi-apartment building, including in the event of a shortfall in the capital master plan, from the funds received through payments Owners of premises in other multi-apartment buildings capital master repairs, regional operator accounts, subsidies received from the budget of the constituent entity of the Russian Federation and (or) local budget. 2. The regional operator is obliged to: 1) within the time limits provided for in article 189, paragraph 3, of this Code, to prepare and send to the owners, in order to ensure the execution of works on capital repair premises in the multi-family home for the commencement of capital repairs, the required list and the scope of services and (or) work, their cost, order and sources of funding for major maintenance of the common property in the apartment building, and Other proposals relating to such major maintenance; (2) Ensure that the job is prepared for the provision of services and (or) the completion of major repairs and, where necessary, the preparation of a capital master plan, the approval of project documents, and responsibility for the construction of the project documents. its quality and compliance with the requirements of technical regulations, standards and other regulatory documents; 3) to engage contractors to provide services and (or) work on capital repairs the name of the respective treaties; 4) to control the quality and The time frame for the provision of services and (or) the performance of the work by contractors and the conformity of such services and/or work with the requirements of the project documentation; 5) to accept the work performed; 6) carry other responsibilities, The capital master plan and the capital master plan. 3. In order to carry out work requiring a certificate of approval issued by the organization for admission to work that has an impact on the safety of the capital construction sites, the regional operator is obliged to engage in such activities. The work of an individual entrepreneor or legal entity having a certificate of admission to such works. 4. The law of the constituent entity of the Russian Federation may provide for cases in which the functions of the technical customer of the capital repair of common property in apartment buildings, owners of the premises in which the capital funds are formed, may be used. Repair in the account, the accounts of the regional operator, can be carried out by local government bodies and (or) municipal budgetary institutions on the basis of the relevant agreement concluded with the regional operator. 5. Modalities for the engagement of regional operators, including those provided for in part 3 of this article, by local authorities, municipal budgetary institutions of contractors for the provision of services and (or) completion of work on The major maintenance of the common property in the apartment house is fixed by the constituent entity of the Russian Federation. 6. Regional operator in front of the owners of premises in the capital master plan at the expense of the regional operator is responsible for failure or improper performance of the obligations under the contract Development of the capital master plan and the organization of the capital master plan, as well as the consequences of failure or improper performance of the capital maintenance obligations contracted by regional organizations operator. 7. Reimbursement to the regional operator of funds spent on major maintenance of common property in a multi-apartment building in excess of the capital master plan is provided by subsequent capital repairs Owners of premises in this apartment building. Article 183. Accounting for capital master repairs by regional operator 1. The regional operator maintains the accounts of the regional operator in the form of contributions for major repairs to the owners of the multi-apartment buildings in the capital master account, the regional accounts of the operator (hereinafter referred to as the capital master accounting system). Such records shall be kept separately for the funds of each owner of the premises in the apartment building. Such accounting may be maintained in electronic form. 2. The capital master plan system includes, inter alia, information on: 1) the amount of assessed and paid contributions for major repairs by each owner of the apartment building in the apartment building, the arrears of payment, and the amount of interest paid; (2) the amount of funds sent by the regional operator for major maintenance of the common property in the apartment building, including the amount of the instalments provided, and (or) capital works General property repairs in multi-apartment building; 3) Debt for services rendered and (or) completed work on major maintenance of common property in apartment building. 3. The Regional Operator shall provide the information required by Part 2 of this article to the owners of the premises in the apartment building, as well as the person responsible for the management of the apartment building (the homeowners ' association, to a housing cooperative or other specialized consumer cooperative, the management of the organization), and with the direct management of the apartment house in this apartment building, the person referred to in article 164, part 3 of this Code. Article 184. Refund of capital repair fund In the event of recognition of the apartment building, the regional operator is required to direct the capital master plan for demolition or reconstruction of this apartment building in accordance with article 32, paragraphs 10 and 11, of this Code on the basis of the decision of the owners of the premises in this apartment block of demolition or reconstruction in accordance with the procedure established by the legal act of the subject of the Russian Federation. In the event of an exemption for the State or municipal needs of the land on which the apartment house is located, and each dwelling in this apartment house is seized, except for residential premises owned by The right to own property of the Russian Federation, the constituent entity of the Russian Federation or municipal entity, the regional operator, in accordance with the procedure established by the legal act of the constituent entity of the Russian Federation, is required to pay the owners of the premises in This is a multi-apartment building in the capital master plan in proportion to their contributions to the major maintenance and the amounts of such contributions paid by the prior owners of the respective premises in this apartment building. At the same time, the owners of the premises in the apartment house retain the right to receive the purchase price for the seized accommodation and other rights under article 32 of this Code. Article 185. The main requirements for financial stability of the activity of the regional operator 1. The requirements for ensuring the financial sustainability of the activities of the regional operator are established by this article and by the law of the constituent entity of the Russian Federation. 2. Amount of funds that the regional operator is entitled to spend annually on the funding of the regional capital master plan (the amount of funds provided from the capital master plan funds provided by the owners of the premises in multi-apartment buildings for which total assets are to be overhauled in a future period) is defined as a proportion of the major maintenance contributions received by the regional operator in the preceding year. The size of the said stake is established by the law of the constituent entity of the Russian Federation. 3. Additional requirements for the financial sustainability of a regional operator may be established by the law of the constituent entity of the Russian Federation. Article 186. Control over the activities of the regional operator 1. The control over the conformity of the activities of a regional operator is carried out by the authorized body of the executive branch of the constituent entity of the Russian Federation in accordance with the procedure established by the supreme executive body of the State. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. The Federal Executive, which exercises control and supervision in the financial and budgetary sphere, in accordance with the procedure established by the Government of the Russian Federation: 1) supervises the use of regional powers. Operator of funds received as State support, municipal support for capital repairs, as well as funds received from owners of premises in multi-apartment buildings forming capital repair funds in the accounts the regional operator; 2) directs the regional operator The Russian Federation, the operator of the submission and the (or) order to eliminate the detected violations of the Russian Federation's legislation. 3. OF THE PRESIDENT OF THE RUSSIAN FEDERATION and municipal entities are financially monitoring the use by the regional operator of the corresponding budgets in accordance with the procedure established by the budgetary laws of the Russian Federation. Article 187. Regional Statement Reporting and Audit 1. The annual accounting (financial) statements of the regional operator are subject to mandatory audit by an audit organization (auditor) selected by the subject of the Russian Federation on a competitive basis. 2. The adoption of the decision on conducting an audit, approval of the contract with the audit organization (auditor) shall be carried out in accordance with the procedure established by the regulatory legal act of the subject of the Russian Federation, as well as the constituent documents of the regional operator. The audit organization (auditor) is covered by the regional operator, with the exception of funds received in the form of payments made by owners of premises in multi-apartment buildings forming the capital master's account, the accounts of the regional operator. 3. The regional operator is obliged to send a copy of the audit report to the federal executive body performing the functions within five days from the date of submission of the audit opinion by the auditor. Development and implementation of public policy and regulatory framework in the sphere of social and economic development of the constituent entities of the Russian Federation and municipal entities, construction, architecture and urban planning (with the exception of Technical Counting and Technical Inventory of capital construction) and of the housing and communal services sector, and the controlling authority. 4. The annual report of the regional operator and the audit report is posted on the website of the Information and Telecommunications Network "Internet", taking into account the requirements of the legislation of the Russian Federation on state secrets, commercial secret in the order and in OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 188. The responsibility of the regional operator 1. Losses incurred by the owners of premises in apartment buildings as a result of failure or improper performance by the regional operator of their obligations arising from contracts entered into with such owners under the present The Code and the laws of the constituent entities of the Russian Federation are to be refunded in accordance with civil law. 2. The Russian Federation has a subsidiary responsibility for the performance of the regional operator of the obligations to the owners of the premises in the apartment blocks referred to in Part 1 of this Article. Chapter 18: Conduct major maintenance of common property in the apartment building Article 189. { \field { \field { \cs6\f1\cf6\lang1024 } { { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } { \b } The major maintenance of the common property in the apartment building is based on the decision of the general meeting of owners of the premises in the apartment building, except as provided for in part 6 of this article. 2. Owners of the apartment building at any time are entitled to make a decision regarding the major maintenance of the common property in the apartment building upon the proposal of the person engaged in the management of the apartment building or provision of services and (or) Work on maintenance and repair of common property in the apartment building, regional operator or on its own initiative. 3. In less than six months (unless otherwise stipulated by a normative legal act of the constituent entity of the Russian Federation) prior to the year during which the major maintenance of the common property in the apartment building should be carried out in accordance with a regional capital master plan, a person who is managing a multi-apartment building or providing services and (or) the maintenance and repair of common property in a multi-apartment building, or a regional operator (in the case of The owners of the buildings in the apartment building are formed by the capital Repairs to the regional operator account) provide such owners with proposals for the commencement of capital repairs, the required inventory and the scope of services and/or work, their cost, the order and the sources of the capital master plan of the total property in the apartment building and other proposals related to the conduct of such major repairs. 4. Owners of the premises in the apartment house not later than three months after receipt of the proposals referred to in part 3 of this article (if the longer period is not established by a legal act of the constituent entity of the Russian Federation), shall be obliged to consider the proposals and to take a decision in accordance with part 5 of this article at the general meeting. 5. By decision of the general meeting of owners of the apartment building in the apartment building, the common property in this apartment building should be defined or approved: 1) list of major maintenance works; (2) Capital repairs; (3) capital repairs; (4) capital master plan. 6. In the event that, within the period specified in part 4 of this article, the owners of premises in the multi-apartment building which constitute the capital master plan in the regional operator's account have not decided to undertake capital repairs to the common property in the case of the capital master plan. This multi-apartment house, the local government authority decides to conduct such major repairs in accordance with the regional capital master plan and proposals of the regional operator. 7. In the event that the major maintenance of the common property in the multi-apartment house, the owners of the premises in which the capital repair fund is formed in the special account, has not been carried out within the time required by the regional capital master plan, and in accordance with the procedure of establishing the need for major maintenance of the common property in the apartment building, it is necessary to perform any type of work envisaged for this apartment building by the regional program of the capital master plan, the local government authority decides on The formation of a capital master plan in the account of the regional operator and directs the decision to the owner of the special account. The owner of a special account is obliged to list the funds in the special account to the account of the regional operator within one month after receiving such decision of the local government. The decision on the major maintenance of the common property in this apartment house is made in accordance with Parts 3 to 6 of this article. In the event that the holder of the special account did not list the funds in the special account to the account of the regional operator within the period established by this part, the regional operator, any owner of the building in the apartment house, Local self-government is entitled to apply to the court for the recovery of funds held in a special account, with the transfer to the account of the regional operator. Article 190. Financing the cost of the capital master's repair of the common property in the apartment building 1. The regional operator provides funding for major maintenance of the common property in the apartment building, the owners of the premises in which the capital repair fund is formed in the account of the regional operator. 2. The basis for the regional statement of funds under the contract for the provision of services and (or) capital repairs to the common property in the apartment building is an acceptance certificate of the work done (except in the case of of this article). Such an acceptance certificate should be agreed upon with the local government authority, as well as with the person authorized to act on behalf of the owners of the premises in the apartment building (in the case of major maintenance of the common property in the apartment block) The house is held on the basis of the decision of the owners of the premises in this apartment building). 3. The regional operator may pay as an advance no more than thirty per cent of the value of the relevant major maintenance of the common property in the apartment building, including work on the development of project documents or Certain types of work on major maintenance of common property in the apartment building. 4. Size limit for services and (or) capital repairs of common property in a multi-apartment house, which can be paid by a regional operator from the capital master plan The contribution to capital repairs is determined by the regulatory legal act of the constituent entity of the Russian Federation. Exceeding this limit value as well as payment for services and (or) work not referred to in article 166, paragraph 1, of this Code and the normative legal act of the constituent entity of the Russian Federation, adopted in accordance with article 166, part 2, of this Code, It is carried out at the expense of the owners of the buildings in the apartment building, paid in the form of a contribution for major repairs above the minimum contribution for major repairs. Article 191. State support measures, municipal support for major maintenance 1. Financing of capital maintenance works in apartment buildings can be provided through financial support measures to be provided to homeowners ' associations, housing, housing cooperatives or others. Specialized consumer cooperatives established in accordance with the Housing Code of the Russian Federation, governing organizations, regional operators from the federal budget, the budget of the constituent entity of the Russian Federation, of the local budget in the order and under the conditions Federal laws, the laws of the constituent entities of the Russian Federation and municipal legal acts. 2. State support measures, municipal support for capital repairs within the framework of the regional capital maintenance programmes are provided independently of the ownership of the premises in the multi-apartment building of the capital master plan. ". Article 2 Art. 26, para. 61, Art. 26-3 of the Federal Act of 6 October 1999 No. 184-FZ " The General Principles of the Organization of the OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5005; 2003, N 27, sect. 2709; 2005, N 1, st. 17, 25; 2006, N 1, sect. 10; N 23, Art. 2380; N 30, sect. 3287; N 31, sect. 3452; N 44, sect. 4537; N 50, st. 5279; 2007, N 1, sect. 21; N 13, est. 1464; N 21, sect. 2455; N 30, sect. 3747, 3805, 3808; N 43, st. 5084; N 46, st. 5553; 2008, N 29, st. 3418; N 30, est. 3613, 3616; N 48, sect. 5516; N 52, sect. 6236; 2009, N 48, sect. 5711; N 51, est. 6163; 2010, N 15, sect. 1736; N 31, st. 4160; N 41, est. 5190; N 46, sect. 5918; N 47, sect. 6030, 6031; N 49, sect. 6409; N 52, sect. 6984; 2011, N 17, sect. 2310; N 27, sect. 3881; N 29, st. 4283; N 30, est. 4572, 4590, 4594; N 48, st. 6727, 6732; N 49, sect. 7039, 7042; N 50, est. 7359; 2012, N 10, est. 1158, 1163; N 18, est. 2126; N 31, st. 4326; Russian newspaper, 2012, December 7) to supplement the words "regulation of relations in the sphere of provision of major maintenance of common property in apartment buildings." Article 3 Amend Part Two Russian Tax Code (Russian Federation Law Collection, 2000, N 32, st. 3340, 3341; 2001, N 1, st. 18; N 33, est. 3413; N 53, sect. 5015; 2002, N 22, Text 2026; N 30, sect. 3027; 2003, N 1, sect. 2, 6; N 28, est. 2886; N 52, sect. 5030; 2004, N 27, sect. 2711; N 34, st. 3520, 3524; N 45, sect. 4377; 2005, N 1, st. 30; N 24, est. 2312; N 30, sect. 3130; N 52, sect. 5581; 2006, N 10, est. 1065; N 31, est. 3436, 3443; N 45, est. 4627, 4628; N 50, sect. 5279; 2007, N 1, sect. 39; N 22, sect. 2563; N 23, st. 2691; N 31, sect. 3991, 4013; N 45, est. 5417; N 49, sect. 6045, 6071; N 50, sect. 6237, 6245; 2008, N 27, sect. 3126; N 30, est. 3616; N 48, st. 5504, 5519; N 49, sect. 5723; N 52, 6237; 2009, N 1, sect. 31; N 11, est. 1265; N 29, st. 3598; N 48, sect. 5731, 5737; N 51, est. 6153, 6155; N 52, sect. 6455; 2010, N 19, sect. 2291; N 25, est. 3070; N 31, st. 4198; N 32, sect. 4298; N 45, sect. 5756; N 47, est. 6034; N 48, sect. 6247; N 49, sect. 6409; 2011, N 1, st. 7, 9, 21; N 27, 100. 3881; N 29, st. 4291; N 30, est. 4583, 4587, 4593, 4597; N 45, est. 6335; N 47, sect. 6610, 6611; N 48, sect. 6729, 6731; N 49, sect. 7014, 7037; N 50, stop. 7359; 2012, N 19, sect. 2281; N 25, est. 3268; N 31, sect. 4334; N 41, est. 5527) the following changes: 1) Article 149, paragraph 3 (30), to be supplemented with the words ", the realization of the works (services) to perform the functions of the technical customer of the works on capital repair of the common property in apartment buildings (provided) by specialized non-profit organizations that carry out activities aimed at the maintenance of major maintenance of common property in apartment buildings and are established under the Housing Code OF THE PRESIDENT OF THE RUSSIAN FEDERATION In the case of the municipal budgetary institutions in the cases provided for in the Housing Code of the Russian Federation "; 2), article 162, paragraph 3, shall be worded as follows: " 3. The tax base does not include: 1) cash received by management organizations, homeowners ' associations, housing construction, housing or other specialized consumer cooperatives established in In order to meet the housing needs of the citizens and to service the home engineering systems with which utilities are provided, the maintenance of the current and major repairs property in multi-apartment buildings, including the establishment of foundations (b) Capital repairs of common property in multi-apartment buildings; 2) cash received by specialized non-profit organizations engaged in activities aimed at ensuring the capital Repair of common property in apartment buildings and created in accordance with the Housing Code of the Russian Federation and the formation of capital repair funds for the common property in apartment buildings. "; 3) in article 1, paragraph 14, paragraph 14 251: a) add a new paragraph sixth to read as follows: " in the form of budget funds allocated to share financing of common property in apartment buildings in accordance with the Housing Code of the Russian Federation to homeowners ' associations, housing and housing, Housing and construction cooperatives or other specialized consumer cooperatives established and managing multi-apartment buildings in accordance with the Housing Code of the Russian Federation, the administering organizations and the direct management of multi-apartment houses in such houses-the management organizations providing services and (or) doing work on the maintenance and repair of common property in such houses; "; b) the sixth to twentieth paragraphs should be considered as paragraphs 7 to 20, respectively. first; (c) the first paragraph of twenty-second paragraph and after the words "governing organizations" should be supplemented with the words " as well as to the accounts of the specialized non-profit organizations which carry out activities aimed at for major maintenance of common property in the of multifamily houses and created in accordance with the Housing Code of the Russian Federation, ". Article 4 Article 4 Amend the federal law 1), article 14, paragraph 5, paragraph 5, 1 to be declared void; 2), paragraph 5, paragraph 5, of article 16, paragraph 1, shall be declared invalid. Article 5 Article 20 of the Federal Law of December 29, 2004 No. 189-FZ " On the Introduction of the Housing Code of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 15; 2006, N 27, sect. 2881; 2010, N 6, sect. (566) The words "before 1 March 2013" should be deleted. Article 6 Admit invalid paragraph 8, paragraph 8, and article 20, paragraph 8, of the Federal Act of 29 December On amendments to certain legislative acts of the Russian Federation in connection with the improvement of the division of powers of the Russian Federation. 21). Article 7 This Federal Law shall enter into force on the date of its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin 25 December 2012 N 271-FZ