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On Amendments To Certain Legislative Acts Of The Russian Federation In Connection With Adoption Of The Federal Law "on State Information System Of Housing And Communal Services"

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации в связи с принятием Федерального закона "О государственной информационной системе жилищно-коммунального хозяйства"

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RUSSIAN FEDERATION FEDERAL LAW amending certain pieces of legislation of the Russian Federation in connection with the adoption of Federal Law "On State Information System housing and utilities " Accepted by the State Duma on 4 July 2014 Approved by the Federation Council on 9 July 2014 Article 1 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1; N 30, sect. 3029; N 44, st. 4295; 2003, N 27, sect. 2700, 2708, 2717; N 46, st. 4434; N 50, st. 4847, 4855; 2004, N 31, st. 3229; N 34, st. 3529, 3533; N 44, sect. 4,266; 2005, N 1, est. 9, 13, 40, 45; N 10, st. 763; N 13, est. 1075, 1077; N 19, st. 1752; N 27, sect. 2719, 2721; N 30, est. 3104, 3131; N 50, sect. 5247; N 52, sect. 5574; 2006, N 1, st. 4, 10; N 2, est. 172; N 6, est. 636; N 10, sect. 1067; N 12, est. 1234; N 17, est. 1776; N 18, st. 1907; No. 19, sect. 2066; N 23, st. 2380; N 31, st. 3420, 3438, 3452; N 45, sect. 4641; N 50, sect. 5279, 5281; N 52, sect. 5498; 2007, N 1, st. 21, 29; N 16, sect. 1825; N 26, est. 3089; N 30, est. 3755; N 31, st. 4007, 4008, 4015; N 41, est. 4845; N 43, sect. 5084; N 46, st. 5553; 2008, N 18, sect. 1941; N 20 2251, 2259; N 30, est. 3604; N 49, sect. 5745; N 52, 6235, 6236; 2009, N 7, st. 777; N 23, st. 2759; N 26, st. 3120, 3122; N 29, 100. 3597, 3642; N 30, stop. 3739; N 48, sect. 5711, 5724; N 52, est. 6412; 2010, N 1, st. 1; N 19, est. 2291; N 21, est. 2525; N 23, st. 2790; N 27, sect. 3416; N 30, est. 4002, 4006, 4007; N 31, sect. 4158, 4164, 4193, 4195, 4206, 4207, 4208; N 41, sect. 5192; N 49, sect. 6409; 2011, N 1, st. 10, 23, 54; N 7, st. 901; N 15, stop. 2039; N 17, est. 2310; N 19, 100. 2714, 2715; N 23, est. 3260; N 27, est. 3873; N 29, st. 4280, 4298; N 30, est. 4573, 4585, 4590, 4598, 4600, 4601, 4605, 4606; N 46, st. 6406; N 47, sect. 6602; N 48, sect. 6728; N 49, sect. 7025, 7061; N 50, stop. 7345, 7345, 7346, 7351, 7352, 7355, 7362, 7366; 2012, N 6, st. 621; N 10, est. 1166; N 19, est. 2278, 2281; N 24, est. 3069, 3082; N 29, st. 3996; N 31, st. 4320, 4330; N 47, sect. 6402, 6403, 6404, 6405; N 49, sect. 6757; N 53, sect. 7577, 7602, 7640; 2013, N 14, st. 1642, 1651, 1658, 1666; N 19, st. 2323, 2325; N 26, st. 3207, 3208, 3209; N 27, sect. 3454, 3469, 3470, 3477; N 30, est. 4025, 4029, 4030, 4031, 4032, 4034, 4036, 4040, 4044, 4078, 4082; N 31, st. 4191; N 43, sect. 5443, 5444, 5445, 5452; 5452; st. 5624, 5643; N 48, sect. 6158, 6161, 6163, 6165; N 49, sect. 6327, 6341, 6342, 6343; N 51, sect. 6683, 6685, 6695, 6696; N 52, st. 6961, 6980, 6986, 6994, 7002; 2014, N 6, st. 557, 559, 566; N 11, st. 1092, 1096; N 14, st. 1562; N 19, 2302, 2306, 2310, 2317, 2324, 2325, 2326, 2327, 2330, 2333, 2335; Russian newspaper, 2014, June 25, July 3) the following changes: 1) Article 3.5, first paragraph of Article 3.5 after the words "7,000 rubles," to be supplemented with the words " in cases, Article 13.19-2, part 1, of this Code-fifteen thousand roubles; "; 2) Article 7.23-1 shall be declared void; 3) to be supplemented by Article 13.19-1, as follows: " Article 13.19-1. Disposition of information in the state information system housing and utilities 1. Non-placement of information in the State information system of housing and communal services in accordance with the legislation on the state information system of housing and communal services by the official of the federal authority The executive branch of the Government of the Russian Federation, an official of the executive branch of the constituent entity of the Russian Federation, an official of the State Housing Oversight Authority, an official of the State of municipal housing control, by the officer of the body conducting the Opening and maintenance of personal accounts in accordance with the budgetary laws of the Russian Federation, the official of the authorized body or organization responsible for public accounting of the housing stock by the official a non-profit organization that carries out activities aimed at ensuring major maintenance of common property in apartment buildings, bank, other credit institution, including the production of settlements in electronic business of the form and other organization through which the payment is made In the case of residential premises and utilities, or violation of the procedure established by the legislation of the Russian Federation, the manner and (or) deadlines for the placement of information or the posting of information not in full, entails an administrative fine in the amount of 30,000 rubles; legal entities-two hundred thousand rubles. 2. Violation by the organization of a federal postal service responsible for the establishment, operation and modernization of the State information system of housing and communal services, access to the State information system Housing and public utilities and information placed in it, deadlines for the registration of information providers and users of information, technological, programme, linguistic, legal and organizational requirements Information system on the use of the State information system Housing and communal services- is punishable by an administrative fine in the amount of 200 thousand rubles. 3. Violation by an official of a public authority, a local government or an organization operating a public information system or a municipal information system interacting with the State Information system of housing and communal services in order to place information provided by the legislation on the state information system of housing and communal services, the procedure of cooperation with the state information system. utility system- The administrative fine is imposed on officials in the amount of 30,000 rubles; legal entities-two hundred thousand rubles. 4. The commission of an administrative offence provided for in part 1 or 3 of this article by an official who has previously been subjected to administrative punishment for a similar administrative offence- shall be disqualified 1 to 3 years. "; 4) to be supplemented with Article 13.19-2 as follows: " Article 13.19-2. Disposition of information in the state information system housing and utilities 1. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The location of information or the location of information is not in full scope, the location of knowingly distorted information- results in the imposition of an administrative fine on the individuals directly managing the apartment building- In the amount of one thousand rubles, one thousand roubles for the physical persons. "The administrators of the general assemblies," fifteen thousand rubles; the official in the local government body, 30,000 rubles; and legal entities that supply the resources necessary for the provision of public services, " he said. 50,000 rubles ($1,200); for legal entities engaged in the management of apartment buildings,-thirty thousand rubles; for other legal entities-thirty thousand rubles. 2. The commission of an administrative offence referred to in paragraph 1 of this article by an official who has been previously subjected to administrative punishment for a similar administrative offence- is subject to a suspension of the term from One year to three years. Note. For the administrative offences referred to in this article, persons carrying out business activities without the entity of a legal entity shall be subject to administrative liability as legal entities. "; 5) Part 1 of the article 23.1 after the digits "13.16," add the words " 13.19-1, art. 13.19-2, art. 28.3 after "Part 2 of Article 7.23-2," to be supplemented with the words " Part 2 of the article 13.19-2, "; 8) Part 1 of Article 28.4 after the digits" 13.14, "complete with" 13.19-1, ". Article 2 Article 2 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 14; 2006, N 52, sect. 5498; 2007, N 1; st. 14; N 43, sect. 5084; 2008, N 30, sect. 3616; 2009, N 23, stop. 2776; N 39, sect. 4542; N 48, sect. 5711; 2010, N 31, est. 4206; 2011, N 23, sect. 3263; N 30, est. 4590; N 50, st. 7343, 7359; 2012, N 26, est. 3446; N 53, sect. 77596; 2013, N 14, est. 1646; N 52, sect. 6982; The official Internet portal of legal information (www.pravo.gov.ru), 30 June 2014, N 0001201406300020), the following changes: 1) Article 2 add to paragraph 9: " 9) is placed in the State Information system of housing and communal services (hereinafter referred to as the system) information in accordance with the legislation of the Russian Federation. "; 2) Part 2 of Article 44 to supplement paragraphs 3-2-3-4 as follows: " 3-2) making decisions about the use of a system or other information systems holding a general meeting of owners of premises in a multi-apartment house in the form of absentative voting; 3-3) to decide on the definition of persons who are authorized on behalf of the owners of the premises in the apartment building systems or other information systems in holding a general meeting of owners of premises in a multi-apartment house in the form of absent-voting (hereafter referred to as the general meeting administrator); 3-4) making a decision on how to be accepted by the administrator General meeting of reports on the holding of general assemblies of owners premises in multi-apartment house, decisions of owners of premises in multi-apartment house on questions put to the vote, as well as the duration of voting on the agenda of the general meeting of owners of apartment buildings in multi-apartment buildings a house in the form of an absent-distance vote using the system; "; 3) to add the following article 47-1 to read: " Article 47-1. The general meeting of owners of premises in the apartment block in the form of absentralic voting using the system 1. In the case of the general meeting of owners of premises in the apartment block of the decisions referred to in paragraphs 3-2-3-4 of article 44 of the present Code, the system is used to house the reports of the general meeting of owners premises in the apartment house, decisions taken by the general meeting of owners of premises in the apartment building, the results of voting, for storage of the minutes of the general meeting of owners of the premises in the apartment house on the issues of the agenda of the General Assembly Meeting of owners of blocks of flats for accommodation electronic images of the owners of the premises in the apartment building on the issues put to the vote, as well as for the voting on the agenda of the general meeting of owners of the premises in the apartment building. 2. In case of use of the system in holding a general meeting of owners of premises in the apartment house, posting of the general meeting of owners of premises in the apartment house, decisions taken by the general meeting of owners premises in the apartment house, voting results, storage of minutes of general meetings of owners of premises in the apartment house on the issues on the agenda of the general meeting of owners of premises in the apartment building, decisions of owners in the multi-ocardial house on questions put to the vote, are carried out in the light of article 45, paragraph 4, and article 46, parts 3 and 4, of the present Code. 3. No later than fourteen days before the date of the general meeting of owners of the apartment building in the apartment house using the system, a general meeting should be sent to the general assembly. Meeting of owners of premises in a multi-apartment house meeting the requirements of Part 4 of this article, in accordance with the procedure established by the general meeting of owners of premises in the apartment building in the event of an annual general meeting Owners ' meeting in the apartment building, or owner, The initiative of which is to convene an extraordinary general meeting of owners of premises in the apartment building. 4. In the case of the use of the system in holding a general meeting of owners of premises in a multi-apartment house in the form of absentralic voting in the communication on holding a general meeting of owners of premises in the apartment building, together with information, Article 45, paragraphs 1, 2, 4 and 5 of article 45 of this Code, shall be indicated: 1) information about the administrator of the general assembly (name (company name), organizational and legal form, location, postal service, address, telephone number, official site in Internet Information and Telecommunications Network (for legal person), surname, first name, patronymic, passport data, place of permanent residence, contact telephone number, e-mail address (for natural person); (2) place and (or) the actual address of the general meeting manager; 3) the date and time that the voting system was started and ended using the voting system; 4) the order of reception by the general manager Meeting of the owners of the premises in writing A multi-apartment building on questions put to the vote. 5. The Administrator of the General Assembly shall post a communication on the holding of a general meeting of owners of the premises in the apartment building allocated to him in accordance with Part 2 of this article, in the system at least ten days before the date and time of commencement of holding such a meeting. At that time, a general meeting is sent by the administrator of the General Assembly to hold a general meeting of owners of premises in the apartment building for each owner of the premises in the house through the system. 6. The voting on the agenda of the general meeting of owners of premises in a multifamily home using the system is carried out by the owners of the apartment building in a multi-apartment building, by pointing out the decision on each issue on the agenda, with the words "for", "against" or "abstention" in electronic form, or through the transmission to the administrator of the general meeting of the written decisions of the owners of the premises in the apartment building on the issues raised by The voting is before the date and time of the end of the vote. 7. Owners of premises in a given house who voted in electronic form, as well as owners whose decisions have been received before the date and The voting time indicated in the report of the general meeting of owners of the premises in the apartment building. 8. The duration of the voting on the agenda of the general meeting of owners of premises in a multifamily home using the system shall be at least three days and not more than five days from the date and time of commencement of such a meeting. (a) Voting 9. The voting on the agenda of the general meeting of owners of the premises in the apartment building, using the system, shall take place without interruption from the date and time of its beginning and until the end date and time of its completion. 10. The Administrator of the General Assembly is obliged to indicate in the system information about the person participating in the voting information on the document confirming the ownership of the voting person's right to be placed in a suitable apartment building in the appropriate apartment building. The owner of the premises in the apartment house in a written form and expressed by the words "for", "against" or "abstained" from the decision on each issue of the agenda, as well as to place in the system an electronic image of the owner's decision apartment blocks within one hour of receipt Such a decision. 11. The decisions of the general meeting of owners of premises in the apartment house, adopted on the results of voting using the system, on questions put to the vote are automatically formed in the form of a protocol and are placed in the system during 1 hour after the end of the voting. 12. Minutes of the general meeting of owners of the apartment building on the agenda of the general meeting of owners of premises in the apartment building, formed with the use of the system by the general meeting of owners of premises in apartment building, electronic images of property owners ' solutions in multi-apartment building on voting questions, submitted to the general meeting manager, are stored in the system. 13. The holding of a general meeting of owners of premises in a multi-apartment house in the form of absentee voting using other information systems is carried out in the order and within the time frames provided for in this Code, taking into account the peculiarities, ";"; (4) Part 5 of Article 48 shall be supplemented with the words ", except as provided for in Article 47-1 of this Code"; 5) Article 113 to be supplemented by Part 1-1, as follows: " 1-1. The charter of a housing cooperative may provide for the use of a system or other information system to deal with the management of a housing cooperative, taking into account the functions of those systems. "; Part 5, to read: " 5. In the case provided for in article 113, paragraph 1, of this Code, the general meeting of the members of the housing cooperative using the system shall be carried out in accordance with the requirements laid down in article 47-1 of this Code. "; 7) Article 135 is supplemented by Part 2-1 as follows: " 2-1. The charter of homeowners 'associations may provide for the use of a system or other information system to deal with the management of homeowners' associations, taking into account the functions of the systems specified. "; 8) Article 146 should be supplemented with Part 7, as follows: " 7. In the case provided for in article 135, paragraph 2, of this Code, the general meeting of the members of the homeowners ' association with the use of the system shall be carried out in accordance with the requirements laid down in article 48-1 of this Code. "; (9) Part 3 of Article 154 after the words "contracts concluded" with the words ", including in electronic form using the system,"; 10) in Article 155: (a) Part 2, amend to read: " 2. Accommodation and utilities are paid on the basis of: 1) payment documents (including payment documents in electronic form placed in the system), submitted no later than the first day of the month following The last month, unless otherwise stipulated by a management agreement for a multi-apartment house or a general meeting of members of the homeowners ' association, a housing cooperative or other specialized consumer cooperative; 2) information on the amount of rent and utilities The payment of accommodation and utilities in the system or in other information systems to provide accommodation and utilities. Information on the amount of charges for living quarters and utilities and debt for living accommodation and utilities is information on accruals in the system, information contained in the submitted payment document at of the customer service or in the information terminal of the payment document. "; b) to supplement 2-1-2-3 as follows: " 2-1. Payment documents, information on the amount of rent and utilities and arrears of accommodation and utilities are subject to placement within the system within the time limit provided for in paragraph 2 of this article. 2-2. In case of non-posting of payment documents and information on the amount of rent and utilities, payment of accommodation and utilities in the system within the period provided for in part 2 of this article, citizens and The organizations pay for the accommodation and utilities services up to the tenth of the month following the month in which the payment documents and the information in the system were posted. 2-3. Information on the amount of rent and utilities and public utilities available on the system must be consistent with the information contained in the payment document submitted in in accordance with paragraph 1 of part 2 of this article. Where the information contained in the payment document is inconsistent with paragraph 1 of part 2 of this article, information on the amount of rent and utilities and the arrears of accommodation, and public utilities that are located on the system are considered to be the information placed in the system. "; in) to be supplemented with Part 17: " 17. Accommodation fees and utilities may be made using the system, including under contracts for the supply of resources required for the provision of public services, contracts of service provision and (or) completion of work on The maintenance and repair of common property in apartment buildings, the provision of public services in electronic form using the system. "; 11) in article 161: (a) Part 10, amend to read: " 10. The management organization should ensure free access to information about the main indicators of its financial and economic activity, the services provided and the work performed on maintenance and repair of common property in the apartment building, In accordance with the standard of disclosure approved by the Government of the Russian Federation, the conditions and the conditions for their delivery and implementation, on their cost, on the prices (tariffs) for the provision of public utilities are in accordance with the standard of disclosure. Disclosure of information on the management of multi-apartment buildings and the provision of information on the documents provided for in this Code, homeowners ' associations or housing cooperatives or other specialized ones The consumer cooperative, which manages the multi-family home (without an agreement with the managing organization), is established by this standard of disclosure. Control of compliance with this standard for disclosure by such comradeship, cooperative, management organization is carried out by the authorized bodies of executive power of the constituent entities of the Russian Federation referred to in article 20, part 2. This Code, in accordance with the procedure established by the Government Plenipotentiary of the Russian Federation by the Federal Government of the Russian Federation, shall be supplemented by Part 10-1 as follows: " 10-1. The management organization is obliged to ensure free access to information about the main indicators of its financial and economic activity, the services provided and the work performed on maintenance and repair of common property in the apartment building, the order and the terms and conditions of their delivery and fulfillment, on their value, on prices (tariffs) on the provided utility services through its placement in the system. Order, composition, timing and frequency of information on the management of the apartment building and the provision of accommodation for documents provided by this Code, homeowners ' associations or housing units by a cooperative or other specialized consumer cooperative, which manages the multi-family house (without a contract with the management organization), is established by the federal executive authority exercising the functions of the cooperative for the formulation and implementation of public policies and The regulatory and legal regulation in the field of information technologies, together with the federal executive body, which is responsible for the formulation and implementation of public policy and regulatory and regulatory measures in the sphere of information technology. Housing and communal services. "; 12) Article 161-1 to be supplemented with Part 13 reading: " 13. The general meeting of owners of premises in the apartment house can be decided to use the system or other information system, taking into account the functions of the specified systems in the activity of the council of apartment building, the chairman of the council of a multi-apartment house, a commission of owners of premises in the apartment building upon their election, as well as on the identification of persons who are authorized on behalf of the owners of the premises in the apartment building to ensure the activities of these councils, the chairman, the commissions. "; 13) in article 162: (a) Part 1 After "in writing", add "or in electronic form using the system"; b) to be supplemented by Part 2-1 as follows: " 2-1. A contract for the management of a multi-family home, concluded in accordance with the procedure established by this article, shall be placed by the administering organization in the system in accordance with the procedure established by the federal executive authority exercising the functions of The development and implementation of public policy and regulatory and legal regulation in the sphere of information technologies, in conjunction with the federal executive body responsible for the formulation and implementation of public policies, and Legal and regulatory framework in the area of housing and utilities "; in) Part 11, in addition to the words" as well as post the specified report in the system "; 14), supplement article 164 with the following: " 2-1. Contracts concluded, including in electronic form using the system, by owners of premises in a multi-apartment house that directly manage such a house, in the cases provided for in this article, shall be placed The owners of the system in accordance with the procedure established by the federal executive authority responsible for the formulation and implementation of public policy and regulatory and regulatory measures in the field of information technology, in conjunction with the federal executive branch, Implementing public policy and regulatory functions in the area of housing and utilities. "; (15) in article 165: (a) the name should read: " Article 165. Creating conditions for management of multi-apartment houses "; b) Part 2 after the words" provide information to citizens upon request "with the words", including through the system, "; in) Part 3, after The words "provide citizens with information on their requests" with the words ", including through the system,"; g) of Part 4 and 5, amend to read: " 4. The organizations that supply the necessary resources for the provision of public services, as well as those providing services in the maintenance and repair of the common property of the owners of premises in multi-apartment buildings and utilities are obliged to place in the system the information provided for by the legislation on the state information system of housing and communal services. 5. The procedure, forms, timing and frequency of the information referred to in paragraph 4 of this article shall be established by the federal executive authority responsible for the formulation and implementation of public policies and The regulatory and legal regulation in the field of information technologies, together with the federal executive body, which is responsible for the formulation and implementation of public policy and regulatory and regulatory measures in the sphere of information technology. housing and utilities. "; 16) in article 167: a) In the first sentence, replace the word "bodies" with the words " 1. Organs "; b) should be supplemented with Part 2, as follows: " 2. The normative legal acts referred to in Part 1 of this article shall be subject to the placement by the State authorities of the constituent entity of the Russian Federation in the system and within the time limits defined by the federal executive The function of formulating and implementing state policy and regulatory and regulatory measures in the field of information technology, in conjunction with the federal executive body, which is responsible for the elaboration and implementation of the State policy and regulatory framework in the field of Housing and utilities. "; 17) Article 168 to be supplemented by Part 8, reading: " 8. The regional capital master plan and short-term (up to three years) plans for the implementation of the regional capital master plan are subject to the placement by the State authority of the constituent entity of the Russian Federation or the local authority. Selfgovernment that approved the programme or the corresponding short-term plan, in the order and time set by the federal executive body exercising public policy formulation and implementation information technology regulatory and regulatory framework, jointly with by the federal executive body responsible for the formulation and implementation of public policies and regulations in the area of housing and utilities. "; 18) Part 5 of article 172 The following sentence: " The said federal authority shall place the information provided by the public housing authority in the system in a manner and within the time frame defined by the federal executive body implementing the formulation and implementation of public policies and The regulatory and legal regulation in the field of information technologies, together with the federal executive body, which is responsible for the formulation and implementation of public policy and regulatory and regulatory measures in the sphere of information technology. of housing and utilities. ". Article 3 the provision of public and municipal services. " OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4179; 2011, N 29, sect. 4291; N 49, sect. 7061; 2012, N 31, sect. 4322) the following changes: 1) Part 3 of Article 21 to supplement paragraph 6-1 with the following content: " 6-1) the possibility of providing information to applicants from public information systems in cases envisaged by the OF THE PRESIDENT OF THE RUSSIAN FEDERATION Information on public information systems, including the use of the Universal Electronic Card Infrastructure; ". Article 4 Article 4 In subparagraph 5 (5) of the Federal Law Article 5 December 6, 2011 N 403-FZ "On amendments to the Code of the Russian Federation on Administrative Offences" (Assembly of Laws of the Russian Federation, 2011, N 50, Art. 7345). Article 6 1. This Federal Law shall enter into force on the date of its official publication, with the exception of the provisions for which this article establishes a different time frame for their entry into force. 2. Paragraphs 2 and 4 of Article 1 and Article 5 of this Federal Law shall enter into force on 1 May 2015. 3. Since the entry into force of this Federal Law, the constituent entities of the Russian Federation have the right to conclude agreements on the pilot operation of the system in the territory of the constituent entity of the Russian Federation with the federal executive authority implementing the Agreement. functions for the formulation and implementation of state policy and regulatory and legal regulation in the sphere of information technologies, with the federal executive authority exercising public policy formulation and implementation Legal and regulatory framework in the area of housing and utilities and operator of the system. 4. The provisions of Part 10 of Article 161 of the Housing Code of the Russian Federation (in the wording of this Federal Law) apply until July 1, 2016. After four months after the date of entry into force of the provisions of article 161, paragraph 10, of the Housing Code, referred to in part 3 of this article OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5. After four months after the date of entry into force of the Agreement referred to in Part 3 of this Article, and before 1 July 2016, the provisions of Part 10-1 of Article 161 6. After four months after the date of entry into force of the Agreement referred to in Part 3 of this Article, and until 1 January 2017, the provisions of article 155 (2) President of the Russian Federation Vladimir Putin Moscow, Kremlin July 21, 2014 N 263-FZ