Rights and obligations of license applicants, licensees and officials of divisions of the licensing authority. Can a qualification certificate be revoked?
Activities of management organizations for the management of apartment buildings (hereinafter referred to as MKD) in accordance with Art. 192 of the Housing Code of the Russian Federation is subject to mandatory licensing and is carried out on the basis of a license issued by the state housing supervision body - the state housing inspection of a constituent entity of the Russian Federation (hereinafter referred to as the housing inspection) by decision of the licensing commission of a constituent entity of the Russian Federation. The activity of managing an apartment building means the performance of work and (or) provision of services for the management of apartment buildings on the basis of a management agreement for apartment buildings.
In accordance with Part 1 of Art. 193 of the RF Housing Code, the following licensing requirements are imposed on management organizations that are license applicants, as well as management organizations that have a license (hereinafter referred to as licensees):
1) mandatory registration as a legal entity or individual entrepreneur on the territory of the Russian Federation; legal entities and individual entrepreneurs registered in the territories of foreign states are not allowed to carry out activities related to the management of apartment buildings;
1.1) lack of identity or similarity to the point of confusion of the business name of the license applicant or licensee with the business name of the licensee, whose right to carry out business activities in managing apartment buildings arose earlier;
Attention
A new licensing requirement was introduced on January 11, 2018 by Federal Law No. 485-FZ dated December 31, 2017 (hereinafter referred to as Law No. 485-FZ). Licensees who do not meet this requirement as of January 11, 2018, within six months (until July 11, 2018) are required to make changes to their constituent documents and, accordingly, re-issue the license (Part 8 of Article 5 of Law No. 485-FZ, paragraph 1 Article 18 of the Federal Law of May 4, 2011 N 99-FZ “On licensing of certain types of activities”).
2) the official licensee or license applicant has a qualification certificate. Officials of the licensee or license applicant are:
— the sole executive body of the legal entity managing the apartment building;
- head of the legal entity managing the apartment building or its branch;
— individual entrepreneur, manager of an apartment building;
- the sole executive body of a legal entity or an individual entrepreneur to whom the powers of the sole executive body of the legal entity managing the apartment building are transferred on a contractual basis.
The procedure for issuing and canceling a qualification certificate, as well as the form of the qualification certificate, were approved by Order of the Ministry of Construction of Russia dated December 5, 2014 N 789/pr;
Note
There are no requirements for the level of education (secondary, higher), qualifications (bachelor, specialist, master), or specialty (economist, lawyer, builder) of officials of the licensee or license applicant.
3) the absence of an official licensee or license applicant (see clause 2) of unexpunged or outstanding convictions for crimes in the economic sphere, for crimes of moderate gravity, serious and especially serious crimes;
4) absence in the register of disqualified persons of management organizations (see clause 1 of the Regulations on maintaining the register of persons who performed the functions of the sole executive body of the licensee, approved by Decree of the Government of the Russian Federation of October 28, 2014 N 1110) of information about the official of the licensee or license applicant. Let us note that in this paragraph we are talking about the head of the management organization, since it is the head who is the sole executive body of this organization;
5) the absence in the consolidated federal register of licenses for carrying out entrepreneurial activities for managing apartment buildings of information about the cancellation of a license previously issued to a licensee, a license applicant (website of the Ministry of Construction of Russia: http://www.minstroyrf.ru);
6) compliance by the licensee with the requirements established for disclosure of information. The management organization, in accordance with Part 10 of Art. 161 of the Housing Code of the Russian Federation must provide free access to information about the main indicators of its financial and economic activities, about the services provided and about the work performed for the maintenance and repair of common property in apartment buildings, about the procedure and conditions for their provision and implementation, about their cost, about prices (tariffs) for resources necessary for the provision of public services, in accordance with the information disclosure standard, approved. Resolution of the Government of the Russian Federation dated September 23, 2010 N 731.
The given list of licensing requirements is open. Other additional licensing requirements are established by clause 3 of the Regulations on licensing business activities for the management of apartment buildings, approved by Decree of the Government of the Russian Federation of October 28, 2014 N 1110. Such requirements include, for example, the fulfillment by the management organization of obligations under the management agreement for apartment buildings, provided for in Part 2.3 Art. 161 of the Housing Code of the Russian Federation (see, for example, the resolution of the Volgograd Regional Court dated September 6, 2016 in case No. 4A-898/2016, the resolution of the Tver Regional Court dated September 29, 2016 in case No. 4A-525/2016).
The licensee's compliance with licensing requirements is verified during licensing control carried out by housing inspectors both upon receipt of a license and subsequently, when the management organization carries out activities to manage apartment buildings. Licensing control is carried out on the basis of the Federal Law of December 26, 2008 N 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control” and the provisions of Art. 19 of Federal Law No. 99-FZ of May 4, 2011 “On licensing of certain types of activities” (hereinafter referred to as Law No. 99-FZ). The specifics of conducting an unscheduled inspection during licensing control are established in Part 3 of Art. 196 Housing Code of the Russian Federation. This norm regulates the procedure for conducting an unscheduled inspection on the grounds provided for in paragraphs 1, 4, 5 of Part 10 of Art. 19 of Law N 99-FZ, as well as in connection with the receipt by the housing inspection of appeals, statements from citizens, individual entrepreneurs, legal entities, orders (instructions) of the chief state housing inspector of the Russian Federation on the appointment of an unscheduled inspection, issued in accordance with Part 4.2 of Art. . 20 of the Housing Code of the Russian Federation, information from state authorities and local self-government, from the media about facts of violations by the licensee of licensing requirements. In these cases, an unscheduled inspection is carried out without coordination with the prosecutor's office and without prior notification to the licensee (Part 4.2 of Article 20 of the RF Housing Code).
Please note that violation of licensing requirements is not grounds for revocation of a license or termination of its validity in any other way. At the same time, for an identified violation of licensing requirements - carrying out business activities to manage apartment buildings without a license, as well as in violation of licensing requirements, the management organization faces administrative liability provided for by 14.1.3 of the Code of Administrative Offenses of the Russian Federation (see, for example, the ruling of the Constitutional Court of the Russian Federation dated December 8, 2015 N 2735-O, decisions of the Supreme Court of the Russian Federation dated 07/07/2016 N 44-AD16-15, Samara Regional Court dated 05/30/2016 in case N 4A-613/2016).
If in within twelve months from the date of issue state housing supervision authority prescriptions on the elimination of violations of one or more licensing requirements provided for in paragraphs 1 - 5 of Part 1 of Article 193 of the Housing Code of the Russian Federation, the licensee and (or) an official, officials of the licensee, the court imposed an administrative penalty for failure to comply or improper execution of the specified order, by decision of the authority GZHN excludes from the register of licenses of a constituent entity of the Russian Federation information about all apartment buildings in respect of which the licensee carries out management activities (Part 5.1 of Article 198 of the Housing Code of the Russian Federation). The exclusion of information about MKD from the register of licenses of a constituent entity of the Russian Federation is the basis for the licensee to terminate the activity of managing MKD. From the date of exclusion of information about an apartment building from the register of licenses of a constituent entity of the Russian Federation, the licensee has no right to carry out activities related to the management of such an apartment building, including charging and collecting fees for residential premises and utilities, issuing payment documents to consumers, except for the cases provided for in Part 3 Art. 200 Housing Code of the Russian Federation (Part 6, Article 198 Housing Code of the Russian Federation). At the same time, according to Part 7 of Art. 198 of the Housing Code of the Russian Federation, if the owners of the premises have decided to continue the activities of the licensee to manage the apartment building, such a house is not excluded from the register of licenses.
From May 1, 2015, a management company can carry out its activities in the housing and communal services sector only if it has a license. We will tell you about the conditions for obtaining it, what requirements are imposed on the company and its officials, and whether the company can be deprived of its license.
Licensed activities in the field of housing and communal services
Licensing of management companies is provided for by the Law of July 21, 2014 No. 255-FZ, the Housing Code and other regulations. Obtaining a license is not required if the activity is carried out by housing, consumer cooperatives or homeowners' associations.
Both legal entities and persons registered as individual entrepreneurs can obtain a license.
This document is issued within a month from the date of submission of documents to the State Housing Committee authorities. This time is allocated to conduct an audit of the company and determine whether the submitted documents comply with legal requirements. The State Housing Committee also checks and monitors compliance with licensing requirements.
Licensing of a management company is a one-time action.
The permit is paid, its cost is set by the Government. The license for the right to carry out activities in the housing and communal services sector is unlimited. It cannot be transferred to other persons and is valid only on the territory of Russia.
An integral attribute of the license is an application that indicates the addresses of the apartment buildings where the company operates. In case of changes in the register of apartment buildings, the management company is obliged to notify the State Housing Committee authorities no later than 3 working days. Changes are made to the GZhK website, since this information is open and publicly available.
Concept of licensing requirements
According to clause 3 of the Regulations on licensing business activities for the management of apartment buildings, Resolution No. 1110 of October 28, 2014, licensing requirements imply compliance with the requirements provided for in Part 2 of Article 162 of the Housing Code. According to these requirements, the management company, in the course of its activities, assumes the following obligations:
- for the proper maintenance of collective property on the balance sheet of the apartment building;
- for the proper quality of services and work, for compliance with the requirements of technical regulations and the procedure for maintaining MKD;
- for the proportionality of the quality of services provided to the established requirements.
Requirements for a licensee or applicant
According to Art. 193 of the Housing Code, the following requirements are imposed on the management company that applies for a license (licensee):
- the licensee or applicant is required to register as a legal entity or be an individual entrepreneur in accordance with the laws of the Russian Federation. Persons registered on the territory of foreign states do not receive access to activities related to the management of apartment buildings.
- Company officials must have a qualification certificate.
- The head of the company must not have a criminal record for committing economic or other crimes.
- The register must not include persons who previously performed the function of a licensee and whose license was cancelled, persons to whom administrative punishment (disqualification) was applied, as well as individual entrepreneurs whose license was canceled or administrative punishment (disqualification) was applied.
- The Consolidated Federal Register of Licenses should not contain data on the revocation of a license to manage an MCW.
- Compliance with the requirements for providing data (in accordance with Part 10 of Article 161 of the Housing Code).
- Other statutory requirements.
In addition to the above licensing requirements, the company must be checked for the availability of premises and equipment necessary to carry out activities in the housing and communal services sector. The management company must carry out emergency dispatch services at home both personally and by subcontractors.
In addition, obtaining a license will be impossible in the event of bankruptcy or an open liquidation process of a legal entity applying to manage an apartment building.
Licensing requirements and conditions imposed on an official of a licensee or applicant
In order for a management company to be admitted to licensing, its manager must pass a free exam, which is administered by a permanent regional commission. The list of examination questions is approved at the legislative level.
After passing the examination for suitability for the position held, the manager receives a certificate (the latter is valid for 3 years). Only if the official has a qualification certificate, the company will be able to apply for a license.
- The following licensing requirements and conditions exist for management companies:
- the person must not have a criminal record for economic crimes (unexpunged or expunged);
- disclose information about work in the manner prescribed by law;
- have a qualification certificate for the position held
Responsibilities of the management company
The obligations of the management company are stipulated by the agreement, on the basis of which the company, at the request of residents, management bodies of the HOA, housing cooperative or other cooperative, for a certain period and for a fee, assumes the following obligations:
- carry out work or provide services necessary in the process of managing the house;
- carry out work or provide services related to the proper maintenance and repair of collective property;
- provide housing and communal services to persons living in the house;
- carry out, in agreement with the owners of the apartments in the building, activities related to improving the management of apartment buildings.
Violations of licensing requirements
In order to increase the responsibility of management companies, the law provides grounds for revocation of a license.
Loss of the right to manage a house is failure to comply with the instructions of state housing inspection authorities 2 or more times during the year. Gross violations of licensing requirements are also grounds for depriving the management company of permission to operate.
In addition, the license is canceled if the total number of apartment buildings in the register attached to the license is reduced by 15% or more in a year.
A license can be revoked only in court and by decision of the State Housing Authority. In case of cancellation or cancellation of the license, the company continues to perform its functions of managing apartment buildings until the new management company becomes obligated. A new management company is selected at a general meeting of owners of apartments in apartment buildings or on the basis of a public competition held by local authorities.
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SRO and license
If we are members of an SRO, do we need a license?
Sergey 06/03/2019 14:38
Good afternoon Since 2010, in connection with the abolition of state licensing for construction, organizations whose activities are related to engineering surveys, construction and design are required to join self-regulatory organizations and obtain SRO approval to carry out these works.
When opening a construction company, whose activities are not limited to the sphere of cottage and low-rise construction, or even ordinary painting and plastering work, a businessman is faced with the need to join an SRO and pay a rather large fee. Naturally, the question arises: what is an SRO and why is it needed?
SROs are self-regulatory organizations whose function is to:
Development and approval of requirements for the issuance of certificates of admission to work that affects the safety of capital construction projects;
Issuance of certificates of admission to these works;
Monitoring the implementation of control rules in the field of urban planning legislation, regulatory and technical documentation;
Establishment of systems of disciplinary measures for non-compliance by SRO members with the requirements for the issuance of certificates of admission and control rules in the field of self-regulation.
The list of works for which it is necessary to have an SRO permit was approved by Order of the Ministry of Regional Development of Russia dated December 30, 2009 No. 624.
Illegal entrepreneurship in accordance with Article 171 of the Criminal Code of the Russian Federation, including the performance of work included in the List, without an admission certificate, entails administrative or criminal liability.
Therefore, those who want to engage in serious construction activities must join an SRO, because buying a permit is simply not realistic.
Saibotalov Vadim Vladimirovich 03.06.2019 15:27
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Hello! Either SRO or license. Since 2010 only SRO.
Fedorova Lyubov Petrovna 04.06.2019 08:55
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You will also find the following articles useful
- Termination of MKD management activities due to changes in license status
- Informing local self-government bodies and owners of premises in apartment buildings about decisions made by the licensing commission and the State Housing Authority body
- The procedure for organizing and implementing licensing control
- Registers of information containing information on licensing activities for management of apartment buildings
- The procedure for making a decision to grant or refuse a license
- Licensing of activities for management of apartment buildings
- Creating conditions for managing apartment buildings
- Direct management of an apartment building by the owners
- Management of an apartment building in state or municipal ownership
- Choosing a method for managing an apartment building. General requirements
- Economic activities of the homeowners association
- Chairman of the Board of Homeowners Association
- Homeowners Association Audit Commission
1. Licensing of activities for the management of apartment buildings (Article 192 of the Housing Code of the Russian Federation)
Activities for the management of apartment buildings are carried out by management organizations on the basis of a license to carry out business activities for the management of apartment buildings, issued by the state housing supervision body on the basis of a decision of the licensing commission of a constituent entity of the Russian Federation (hereinafter referred to as the licensing commission).
2. Duration for which the license is granted
The license is granted for a period of five years and is valid only on the territory of the constituent entity of the Russian Federation whose state housing supervision authority issued it. The validity period of the license is extended after five years in the manner established by the Government of the Russian Federation. The license is not transferable to third parties.
3. Licensing requirements (Article 193 of the RF Housing Code)
1) registration of a licensee, license applicant as a legal entity or individual entrepreneur on the territory of the Russian Federation. Legal entities and individual entrepreneurs registered in the territories of foreign states are not allowed to carry out activities related to the management of apartment buildings;
1.1) lack of identity or similarity to the point of confusion of the company name of the license applicant or licensee with the company name of the licensee, whose right to carry out entrepreneurial activities in the management of apartment buildings arose earlier;
2) the presence of an official (the sole executive body of a legal entity, the head of a legal entity or its branch or an individual entrepreneur who manages an apartment building, and in the case of concluding an agreement on the transfer of powers of the sole executive body - the sole executive body of a legal entity or individual entrepreneur, who such powers are transferred) to the licensee, applicant for a license, qualification certificate;
3) the official of the licensee, the official of the license applicant does not have an unexpunged or outstanding conviction for crimes in the economic sphere, for crimes of moderate gravity, serious and especially serious crimes;
4) the absence in the register of persons who exercised the functions of the sole executive body of the licensee whose license was cancelled, as well as persons who are responsible for compliance with the requirements for ensuring the proper maintenance of common property in an apartment building by the charter or other documents of the licensee and in respect of whom administrative punishment has been applied in the form of disqualification, individual entrepreneurs whose license was canceled and (or) in respect of whom administrative punishment in the form of disqualification was applied, information about the official of the licensee, the official of the license applicant;
5) the absence in the consolidated federal register of licenses for carrying out entrepreneurial activities in the management of apartment buildings of information on the revocation of a license previously issued to the licensee, the license applicant;
6) compliance by the licensee with information disclosure requirements;
6.1) compliance by the licensee with the requirements for posting information established part 10.1 of article 161 Housing complex of the Russian Federation (placement in the GIS housing and communal services system);
7) other requirements established by the Government of the Russian Federation.
(attribution to licensing requirements of compliance with the requirements stipulated part 2.3 of article 161 Housing Complex of the Russian Federation).
4. The procedure for making a decision on granting a license or refusing to grant a license
The license applicant’s application for a license and the documents attached to it are considered by the state housing supervision body in the manner established by Federal Law No. 99-FZ of May 4, 2011 “On licensing of certain types of activities”, within a period not exceeding thirty working days from the date of receipt application for a license and accompanying documents. Based on the results of consideration of the application, the state housing supervision body prepares a reasoned proposal for the licensing commission to grant a license or to refuse to grant it.
The grounds for refusing to grant a license to a license applicant are:
1) the non-compliance of the license applicant with the licensing requirements established during the inspection of the application for a license and the documents attached thereto;
2) the presence of unreliable or distorted information in the license application submitted by the license applicant and (or) the documents attached thereto.
5. The procedure for the licensee to post information about apartment buildings, the management of which is carried out by the licensee. Grounds and procedure for entering information about an apartment building into the register of licenses of a constituent entity of the Russian Federation, excluding information about an apartment building from the said register (Article 198 of the Housing Code of the Russian Federation)
Information about apartment buildings, the management of which is carried out by the licensee, is subject to placement by the licensee in the system.
In the event of a change in the list of apartment buildings, the management activities of which are carried out by the licensee, in connection with the conclusion, termination, or termination of an agreement for the management of an apartment building, the licensee, within five working days from the date of conclusion, termination, or termination of the said agreement, is obliged to place this information in the system, as well as send them to the state housing supervision authority.
The state housing supervision body, after receiving the information specified in Part 2 of Article 198 of the Housing Code of the Russian Federation, makes changes to the register of licenses of the constituent entity of the Russian Federation in in order and on time, approved by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of housing and communal services.
If the court invalidates the decision of the general meeting of owners of premises in an apartment building on the choice of a management organization or on changing the method of managing an apartment building, which served as the basis for sending to the state housing supervision body the information specified in Part 2 of Article 198 of the Housing Code of the Russian Federation, changes to the register of licenses of a constituent entity of the Russian Federation are introduced by the state housing supervision body on the basis of a court decision that has entered into legal force to recognize the corresponding decision of the general meeting of owners of premises in an apartment building as invalid no earlier than the date of entry into force of such a court decision.
6. The emergence of the right to carry out activities related to the management of an apartment building
If the requirements for placing the specified information in the system are met and the state housing supervision body makes changes to the register of licenses of a constituent entity of the Russian Federation in connection with the conclusion of an agreement for the management of an apartment building, the licensee has the right to carry out activities to manage such a house from the date determined in accordance with part 7 of article 162 LC RF, except for the case specified in part 7 of Article 198 LC RF.
7. Exclusion from the register of licenses of a constituent entity of the Russian Federation of information about a house or houses by decision of the state housing supervision body
If, within twelve months from the date of issue by the state housing supervision body of an order in relation to an apartment building or apartment buildings, the management activities of which are carried out by the licensee, the licensee and (or) an official, officials of the licensee were sentenced to administrative punishment by the court two or more times punishment for non-fulfillment or improper execution of the specified order, information about such a house or houses, by decision of the state housing supervision body, is excluded from the register of licenses of a constituent entity of the Russian Federation, with the exception of the case of making a decision provided for in Part 7 of Article 198 of the Housing Code of the Russian Federation.
If, within twelve months from the date the state housing supervision body issues an order to eliminate violations of one or more licensing requirements provided for in paragraphs 1 - 5 part 1 article 193 The Housing Code of the Russian Federation, the licensee and (or) an official, officials of the licensee have been imposed an administrative penalty by the court for non-fulfillment or improper execution of the specified order; by decision of the state housing supervision body, information about all apartment buildings in respect of which the licensee carries out management activities.
If the licensee and (or) an official, officials of the licensee, within twelve months from the date of imposition of an administrative penalty for a violation of licensing requirements, which is classified as a gross violation of licensing requirements, again commits such a violation of licensing requirements, by decision of the state housing supervision body information about an apartment building or apartment buildings is excluded from the register of licenses of a constituent entity of the Russian Federation in the manner established by the Government of the Russian Federation (applied after 10 days from the date of approval by the Government of the Russian Federation of the list of gross violations of licensing requirements).
If within twelve months the licensee and (or) an official, officials of the licensee have been imposed an administrative penalty three or more times by the court for obstructing the legitimate activities of an official of the state housing supervision body to conduct inspections or evading such inspections, by decision of the authority State housing supervision from the register of licenses of a constituent entity of the Russian Federation excludes information about an apartment building or about all apartment buildings in respect of which the licensee took actions (inaction) aimed at preventing such inspections or evading such inspections.
If a court decision declaring a licensee bankrupt comes into force in accordance with Federal Law No. 127-FZ of October 26, 2002 “On Insolvency (Bankruptcy)”, by decision of the state housing supervision body, information on all multi-apartment buildings is excluded from the register of licenses of a constituent entity of the Russian Federation houses in respect of which the licensee carries out management activities.
8. Grounds for termination by the licensee of house management activities
The exclusion of information about an apartment building from the register of licenses of a constituent entity of the Russian Federation is the basis for the licensee to terminate the activities of managing such a building in the manner established by Article 200 of the Housing Code of the Russian Federation.
From the date of exclusion of information about an apartment building from the register of licenses of a constituent entity of the Russian Federation, the licensee has no right to carry out activities related to the management of such an apartment building, including charging and collecting fees for residential premises and utilities, issuing payment documents to consumers, except for the cases provided for part 3 of article 200 Housing complex of the Russian Federation.
Within two months from the date of proper notification, in accordance with the procedure established by Article 197 of the Housing Code of the Russian Federation, of the owners of premises in an apartment building about the existence of grounds for excluding information about an apartment building from the register of licenses of a constituent entity of the Russian Federation, these owners have the right to make a decision at a general meeting of owners of premises in an apartment building to continue implementation by the licensee of activities related to the management of an apartment building. Within three working days from the date of registration of the minutes of the general meeting of owners of premises in an apartment building, the state housing supervision authority must be notified of the decision made by sending it a copy of the minutes of the general meeting of owners of premises in an apartment building by registered mail with return receipt requested. In this case, information about such a house is not excluded from the register of licenses of a constituent entity of the Russian Federation.
9.Cancellation of license and termination of its validity
The license is canceled by a court decision based on the consideration of the application of the state housing supervision body to cancel the license. The said application is submitted to the court based on the decision of the licensing commission.
10. The basis for the licensing commission to consider the issue of going to court with an application to revoke the license
The basis for the licensing commission to consider the issue of applying to court to cancel a license is the exclusion from the register of licenses of a constituent entity of the Russian Federation on the grounds specified in parts 5 - 5.4 of Article 198 of the Housing Code of the Russian Federation, information about apartment buildings, the total area of the premises in which is fifteen and more than a percent of the total area of premises in apartment buildings, the management of which was carried out by the licensee during the calendar year preceding the date the licensing commission made a decision to go to court, as well as the absence of information about apartment buildings in the register of licenses of a constituent entity of the Russian Federation for six months, management activities carried out by the licensee.
11.Termination of license
The license is terminated due to the cancellation of the license by a court decision and other grounds specified in Federal Law No. 99-FZ of May 4, 2011 “On licensing of certain types of activities”, from the date of making the corresponding entries in the register of licenses of a constituent entity of the Russian Federation.
12. Fulfillment of the obligation to manage an apartment building by a licensee in the event of exclusion of information about an apartment building from the register of licenses of a constituent entity of the Russian Federation
The licensee, in the event of exclusion of information about an apartment building from the register of licenses of a constituent entity of the Russian Federation, as well as in the event of termination or cancellation of a license in accordance with Article 199 of the Housing Code of the Russian Federation, is obliged to properly fulfill the duties of managing the apartment building, providing services and (or) performing work on maintenance and repair of common property in an apartment building in accordance with the requirements of the legislation of the Russian Federation until the day:
1) occurrence in accordance with part 7 of article 162 Housing Code of the Russian Federation Obligations for the management of such a house from a management organization selected by the general meeting of owners of premises in an apartment building or selected based on the results of an open competition held by a local government body;
2) the occurrence of obligations under a management agreement for an apartment building concluded by the management organization with a homeowners’ association, housing cooperative or other specialized consumer cooperative;
3) the occurrence of obligations under the contracts specified in parts 1 and 2 of Article 164 of the RF Housing Code;
4) state registration of a homeowners’ association, housing cooperative or other specialized consumer cooperative.
13.Powers of the licensing commission
1) making a decision on issuing a license or refusing to issue a license;
2) passing the qualifying exam;
3) participation in licensing control activities;
4) making a decision to go to court with an application to revoke the license.
Rights and obligations
license applicants, licensees and officials of divisions of the licensing authority
Rights and obligations of officials of divisions of the licensing authority during the implementation.
Officials of the Main Directorate of the Ministry of Emergency Situations of Russia for the constituent entities of the Russian Federation, special units performing state functions (hereinafter referred to as officials of the divisions of the licensing body), when performing state functions, are obliged to:
timely and fully implement the powers granted in accordance with the provisions to prevent, identify and suppress violations of licensing requirements;
when conducting an inspection as part of the performance of a state function, comply with the legislation of the Russian Federation, the rights and legitimate interests of the licensee;
carry out an inspection on the basis of an order from the head (deputy head) of the Main Directorate of the Ministry of Emergency Situations of Russia for a constituent entity of the Russian Federation, a special unit on its conduct (hereinafter referred to as the order on conducting an inspection) in accordance with its purpose;
carry out an inspection only during the performance of official duties, and an on-site inspection only upon presentation of official identification and a copy of the order to conduct the inspection;
carry out verification in accordance with the principles of legality and the presumption of good faith;
not prevent the licensee (another person authorized by him) from being present during the inspection and giving explanations on issues related to the subject of the inspection;
provide the licensee (another person authorized by him) during the inspection with information and documents related to the subject of the inspection;
familiarize the licensee (another person authorized by him) with the results of the inspection;
take into account, when determining the measures taken in response to detected violations, the compliance of these measures with the severity of the violations, their potential danger to life, human health, animals, plants, the environment, cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation, state security, for the occurrence of emergencies of a natural and man-made nature, and also to prevent unreasonable restriction of the rights and legitimate interests of the licensee;
request from licensees, receive from them information and documents that are necessary to conduct an inspection and the presentation of which is provided for by the legislation of the Russian Federation;
issue orders to licensees to eliminate identified violations of licensing requirements;
apply measures to suppress and bring the perpetrators of their commission to justice in the manner established by the legislation of the Russian Federation;
prove the validity of their actions when they are appealed by licensees in the manner established by the legislation of the Russian Federation;
comply with the deadlines for conducting the inspection established by Federal Law No. 294-FZ of January 1, 2001 “On the protection of the rights of legal entities and in the exercise of state control (supervision) and municipal control”;
not to demand from the licensee documents and other information, the presentation of which is not provided for by the legislation of the Russian Federation;
before starting an on-site inspection, at the request of the licensee (another person authorized by him), familiarize him with the provisions of these Administrative Regulations;
record the inspection performed in the inspection log.
When checking the compliance of licensees with licensing requirements, officials of divisions of the licensing body do not have the right to:
verify compliance with mandatory requirements that are not related to the requirements in the field of licensed activities;
carry out a scheduled or unscheduled on-site inspection if the licensee (another person authorized by him) is not present during the inspection;
demand the presentation of documents and information if they are not the objects of inspection and do not relate to the subject of inspection, as well as seize the originals of such documents;
disseminate information obtained as a result of the inspection and constituting a state, commercial, official, or other secret protected by law, except for cases provided for by the legislation of the Russian Federation;
exceed the deadlines for conducting an inspection established by Federal Law No. 294-FZ of January 1, 2001 “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control.”
When carrying out inspections of licensees' compliance with licensing requirements, officials of divisions of the licensing body have the right to request documents and information necessary for the implementation of state functions.
Rights and obligations of the licensee in respect of whom control (supervision) measures are carried out
When conducting an inspection, the licensee (another person authorized by him) has the right:
be present during the inspection, give explanations on issues related to the subject of the inspection;
receive from officials of the divisions of the licensing authority conducting the inspection information that relates to the subject of the inspection and the presentation of which is provided for by the legislation of the Russian Federation;
familiarize yourself with the results of the inspection and indicate in the inspection report your familiarization with the results of the inspection, agreement or disagreement with them, as well as with individual actions of officials of the divisions of the licensing body conducting the inspection;
appeal against the actions (inaction) of officials of the divisions of the licensing body conducting the inspection, which entailed a violation of the rights of the licensee during the inspection, in administrative and (or) judicial proceedings in accordance with the legislation of the Russian Federation.
When conducting a documentary check, the licensee (another person authorized by him) is obliged to provide officials of the divisions of the licensing body conducting the documentary check with information and documents related to the installation, maintenance and repair of building and structure support equipment.
When conducting an inspection, the licensee (another person authorized by him) is obliged to:
provide officials of the divisions of the licensing authority conducting an on-site inspection with the opportunity to familiarize themselves with documents related to the goals, objectives and subject of the on-site inspection, if the on-site inspection was not preceded by a documentary inspection;
provide access to officials of divisions of the licensing body conducting an on-site inspection and experts and representatives of expert organizations participating in the on-site inspection to the territory, buildings, structures, premises, as well as to equipment used by the licensee in the course of carrying out activities;
provide, at the request of officials of the divisions of the licensing authority conducting the inspection, information about the products used and certificates used in the implementation of licensed activities, as well as information about the facilities where the licensee installs, maintains and repairs fire safety equipment for buildings and structures.
- Rights, duties and responsibilities of officials of licensing authorities (Article 7 of the Federal Law of 4th N 99-FZ “On licensing of individual”)
1. Officials of licensing authorities, in the manner established by the legislation of the Russian Federation, when carrying out licensing, have the right:
1) request from government bodies, license applicants and licensees, and receive from them information and documents that are necessary for licensing and the submission of which is provided for by the legislation of the Russian Federation;
2) conduct inspections of license applicants and licensees;
3) issue instructions to licensees to eliminate identified violations of licensing requirements;
4) apply measures to suppress and bring those responsible for their commission to administrative responsibility in the manner established by the legislation of the Russian Federation.
2. When carrying out licensing, officials of licensing authorities are obliged to:
1) fulfill in a timely manner and in full the powers granted in accordance with the legislation of the Russian Federation in the field of licensing;
2) comply with the legislation of the Russian Federation, the rights and legitimate interests of license applicants and licensees.
3. When carrying out licensing, officials of licensing bodies in case of improper performance of their duties and in case of committing illegal actions (inaction) bear responsibility in accordance with the legislation of the Russian Federation.
4. Within thirty working days from the date of receipt of information about facts of violation of the legislation of the Russian Federation by officials of licensing authorities when carrying out licensing, licensing authorities are obliged to inform legal entities or individual entrepreneurs whose rights and legitimate interests have been violated, about the measures taken against those responsible for such violations by officials.
Responsibility of officials of the licensing authority
for decisions and actions taken by them in the course of providing the service
4.9. Violation by an official of the procedure for providing a public service, resulting in the failure to provide a public service to the applicant or the provision of a public service to the applicant in violation of the established deadlines, except for the cases provided for in paragraph 4.11 of the regulations, if these actions (inaction) do not contain a criminal offense -
entails a fine on the official in the amount of three thousand to five thousand rubles.
4.10. Demand by an official of documents and (or) payment not provided for by federal laws and other normative laws of the Russian Federation adopted in accordance with them, if these actions do not contain a criminal offense -
shall entail the imposition on the official of an administrative fine in the amount of five thousand to ten thousand rubles.
4.11. Violation by an official vested with the authority to consider complaints about violations of the procedure for providing a state or municipal service, the procedure or deadlines for considering a complaint, or the illegal refusal or evasion of the said official from accepting it for consideration -
shall entail the imposition on the official of an administrative fine in the amount of twenty thousand to thirty thousand rubles.
The licensing authority does not have the right to require the applicant to take actions, including approvals, necessary to obtain a public service and related to applying to other government bodies and organizations, as well as:
1) submission of documents and information that are at the disposal of bodies providing public services, bodies providing municipal services, other state bodies, local government bodies or organizations subordinate to state bodies or local government bodies participating in the provision of those provided for in Part 1 of Article 1 of the Federal Law dated 01.01.01 N 210-FZ "On the organization of the provision of state and municipal services" state and municipal services, in accordance with acts of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation, municipal legal acts, with the exception of documents included in the specified part 6 Article 7 of the Federal Law of 01.01.01 N 210-FZ “On the organization of the provision of state and municipal services” list of documents. The applicant has the right to submit the specified documents and information to bodies providing public services and bodies providing municipal services on his own initiative;
2) carrying out actions, including approvals, necessary for obtaining state and municipal services and related to contacting other state bodies, local governments, organizations, with the exception of receiving services and obtaining documents and information provided as a result of the provision of such services, included to the lists specified in Part 1 of Article 9 of the Federal Law of January 1, 2001 N 210-FZ “On the organization of the provision of state and municipal services.”
