Article 13 of the 315th Self-Regulation Law. President of Russian Federation

1. This Federal Law regulates relations arising in connection with the acquisition and termination of the status of self-regulatory organizations, the activities of self-regulatory organizations that unite business or professional activity, the implementation of interaction between self-regulatory organizations and their members, consumers of goods (works, services) produced by them, federal executive authorities, executive authorities of subjects Russian Federation, bodies local government.

No. 148-FZ, Part 2, Article 1 of this Federal Law has been amended

2. Peculiarities of acquiring, terminating the status of self-regulatory organizations, the legal status of self-regulatory organizations, the activities of self-regulatory organizations, the procedure for admission to membership in a self-regulatory organization and termination of membership in a self-regulatory organization, the procedure for self-regulatory organizations to exercise control over the activities of their members and the application by self-regulatory organizations of disciplinary measures against of its members, as well as the procedure for the implementation state control(supervision) over compliance by self-regulatory organizations uniting certain types of entrepreneurial or professional activities with the requirements of the legislation of the Russian Federation regulating the activities of these entities, and the legislation of the Russian Federation on self-regulatory organizations may be established by federal laws.

3. This Federal Law does not apply to self-regulatory organizations of professional market participants valuable papers, joint-stock investment funds, management companies and specialized depositories of investment funds, mutual investment funds and non-state pension funds, housing savings cooperatives, non-state pension funds, credit institutions, credit bureau. Relations arising in connection with the acquisition or termination of the status of such self-regulatory organizations, their activities, as well as in connection with the interaction of such self-regulatory organizations and their members, consumers of their services (works), federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local self-government bodies are determined by federal laws regulating the relevant type of activity.

1. Self-regulation is understood as independent and initiative activity, which is carried out by subjects of entrepreneurial or professional activity and the content of which is the development and establishment of standards and rules for this activity, as well as control over compliance with the requirements of these standards and rules.

2. Self-regulation in accordance with this Federal Law is carried out on the terms of association of subjects of entrepreneurial or professional activity into self-regulatory organizations.

Federal Law No. 148-FZ of July 22, 2008 amended Part 3 Article 2 of this Federal Law

3. For the purposes of this Federal Law, under the subjects entrepreneurial activity means individual entrepreneurs and legal entities duly registered and carrying out entrepreneurial activities determined in accordance with the Civil Code of the Russian Federation, and subjects of professional activity - individuals engaged in professional activities regulated in accordance with federal laws.

No. 148-FZ Article 3 of this Federal Law has been amended

Article 3. Self-regulatory organizations

1. Self-regulatory organizations are non-profit organizations established for the purposes provided for by this Federal Law and other federal laws, based on membership, uniting business entities based on the unity of the industry of production of goods (works, services) or the market for manufactured goods (works, services) or uniting subjects of professional activity of a certain type.

2. Consolidation in one self-regulatory organization of subjects of entrepreneurial activity and subjects of professional activity of a certain type may be provided for by federal laws.

3. A non-profit organization established in accordance with the Civil Code of the Russian Federation and Federal Law No. 7-FZ of January 12, 1996 "On Non-Profit Organizations" is recognized as a self-regulatory organization, provided that it complies with all the requirements established by this Federal Law. In addition to those specified in Part 1 of this Article, the said requirements include:

1) association within a self-regulatory organization as its members of at least twenty-five business entities or at least one hundred professional entities of a certain type, unless otherwise established by federal laws in relation to self-regulatory organizations uniting business or professional entities;

2) the existence of standards and rules for entrepreneurial or professional activities that are mandatory for all members of the self-regulatory organization;

3) provision by the self-regulatory organization of additional property liability of each of its members to consumers of goods (works, services) produced and to other persons in accordance with this Federal Law.

4. Unless otherwise established by federal law, in order to carry out activities as a self-regulatory organization, a non-profit organization must create specialized bodies that monitor compliance by members of a self-regulatory organization with the requirements of standards and rules for entrepreneurial or professional activities and consider cases of application to members self-regulatory organization of disciplinary measures provided for internal documents self-regulating organization.

5. The requirements provided for in paragraphs 1-3 of part 3 of this article and imposed on self-regulatory organizations, and the requirements for non-profit organizations to be recognized as self-regulatory organizations, are mandatory, unless otherwise established by federal law. Federal laws may establish other requirements for non-profit organizations uniting business or professional entities to be recognized as self-regulatory organizations, and higher requirements may also be established in comparison with the requirements for self-regulatory organizations specified in this Federal Law.

6. A non-profit organization acquires the status of a self-regulatory organization from the date of entering information about non-profit organization to the state register of self-regulatory organizations and loses the status of a self-regulatory organization from the date of exclusion of information about the non-profit organization from the specified register.

Federal Law of July 22, 2008 No. No. 148-FZ Article 4 of this Federal Law has been amended

Article 4. Subject of self-regulation, standards and rules of self-regulatory organizations

1. The subject of self-regulation is the entrepreneurial or professional activity of entities united in self-regulatory organizations.

2. A self-regulatory organization develops and approves standards and rules for entrepreneurial or professional activities (hereinafter referred to as the standards and rules of a self-regulatory organization), which are understood as requirements for the implementation of entrepreneurial or professional activities that are mandatory for all members of a self-regulatory organization. Federal laws may establish other requirements, standards and rules, as well as features of the content, development and establishment of standards and rules of self-regulatory organizations for certain types of entrepreneurial or professional activities.

3. The standards and rules of self-regulatory organizations must comply with federal laws and other regulatory legal acts adopted in accordance with them. The standards and rules of a self-regulatory organization may establish additional requirements for entrepreneurial or professional activities of a certain type.

4. A self-regulatory organization, on its own behalf and in the interests of its members, has the right to apply to the court for declaring invalid a regulatory legal act that does not comply with the federal law, the obligation to comply with which is assigned to the members of the self-regulatory organization, including a regulatory legal act containing what is not allowed by federal law broad interpretation of its norms in general or in any part.

5. The self-regulatory organization must establish disciplinary measures against members of the self-regulatory organization for violating the requirements of the standards and rules of the self-regulatory organization, as well as ensure information transparency affecting the rights and legitimate interests of any persons of the activities of the members of the self-regulatory organization.

6. The standards and rules of the self-regulatory organization must comply with the rules business ethics eliminate or reduce the conflict of interests of the members of the self-regulatory organization, their employees and members of the permanent collegiate management body of the self-regulatory organization.

7. The standards and rules of a self-regulatory organization should establish a ban on the implementation by members of a self-regulatory organization of activities to the detriment of other business or professional entities, and should also establish requirements that prevent unfair competition, the commission of actions that cause moral harm or damage to consumers of goods (works, services) and other persons, actions causing damage business reputation a member of a self-regulatory organization or the business reputation of a self-regulatory organization.

Federal Law of July 22, 2008 No. No. 148-FZ Part 2 of Article 5 of this Federal Law has been amended

Article 5 self-regulatory organizations

1. Membership of subjects of entrepreneurial or professional activity in self-regulatory organizations is voluntary.

2. Federal laws may provide for cases compulsory membership subjects of entrepreneurial or professional activity in self-regulatory organizations.

3. Subject carrying out different kinds entrepreneurial or professional activity, may be a member of several self-regulatory organizations, if such self-regulatory organizations unite subjects of entrepreneurial or professional activity of the relevant types.

4. An entity carrying out a certain type of entrepreneurial or professional activity may be a member of only one self-regulatory organization that unites subjects of entrepreneurial or professional activity of this type.

Federal Law of July 22, 2008 No. No. 148-FZ Article 6 of this Federal Law has been amended

Article 6. Basic functions, rights and obligations of a self-regulatory organization

1. Self-regulatory organization performs the following main functions:

1) develops and establishes the conditions for membership of subjects of entrepreneurial or professional activity in a self-regulatory organization;

2) apply disciplinary measures provided for by this Federal Law and internal documents of the self-regulatory organization in relation to its members;

3) form arbitration courts to resolve disputes arising between members of the self-regulatory organization, as well as between them and consumers of goods (works, services) produced by members of the self-regulatory organization, other persons, in accordance with the legislation on arbitration courts;

4) analyzes the activities of its members on the basis of information submitted by them to the self-regulatory organization in the form of reports in the manner prescribed by the charter of the non-profit organization or other document approved by the decision of the general meeting of members of the self-regulatory organization;

5) represents the interests of the members of the self-regulatory organization in their relations with the bodies state power the Russian Federation, public authorities of the constituent entities of the Russian Federation, local governments;

6) organize professional education, attestation of employees of members of a self-regulatory organization or certification of goods (works, services) produced by members of a self-regulatory organization, unless otherwise established by federal laws;

7) ensure the transparency of the activity of its members, publish information about this activity in accordance with the procedure established by this Federal Law and internal documents of the self-regulatory organization;

8) exercise control over the entrepreneurial or professional activities of its members in terms of their compliance with the requirements of the standards and rules of the self-regulatory organization, the terms of membership in the self-regulatory organization;

9) consider complaints against the actions of members of the self-regulatory organization and cases of violation by its members of the requirements of the standards and rules of the self-regulatory organization, the terms of membership in the self-regulatory organization.

2. A self-regulatory organization, along with the main functions established by Part 1 of this article, is entitled to perform other functions provided for by federal laws and the charter of a non-profit organization.

3. Self-regulatory organization has the right:

1) has become invalid;

2) on his own behalf to challenge in established by law of the Russian Federation in the order of any acts, decisions and (or) actions (inaction) of state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local governments that violate the rights and legitimate interests of a self-regulatory organization, its member or members or create a threat of such a violation;

3) participate in the discussion of draft federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, state programs on issues related to the subject of self-regulation, as well as send to the state authorities of the Russian Federation, state authorities of the constituent entities the Russian Federation and local governments opinions on the results of its independent examinations of draft regulatory legal acts;

4) submit proposals for consideration by the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local governments on the issues of formation and implementation, respectively public policy and the policy implemented by local governments in relation to the subject of self-regulation;

5) to request information from state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local self-government bodies and receive from these bodies the information necessary for the self-regulatory organization to perform the functions assigned to it by federal laws, in the manner prescribed by federal laws.

4. A self-regulatory organization, along with the rights specified in part 3 of this article, has other rights, unless the restriction of its rights is provided for by federal law and (or) its constituent documents.

5. A self-regulatory organization is obliged to perform the functions of a self-regulatory organization, provided for in paragraphs 1, 2, 4, 7 - 9 of part 1 of this article.

6. A self-regulatory organization is not entitled to carry out activities and take actions that entail the emergence of a conflict of interests of the self-regulatory organization and the interests of its members or create a threat of such a conflict.

Federal Law of July 22, 2008 No. No. 148-FZ Article 7 of this Federal Law has been amended

Article 7

1. Self-regulatory organization through publication in the media mass media and (or) placement in information and telecommunication networks is obliged to provide access to information:

1) on the composition of its members;

2) on the conditions, methods and procedure for ensuring the responsibility of the members of the self-regulatory organization to consumers of goods (works, services) produced by them and other persons;

3) about the members who terminated their membership in the self-regulatory organization, and about the grounds for termination of their membership, as well as about the subjects of entrepreneurial or professional activity that joined the self-regulatory organization;

4) on the conditions of membership in a self-regulatory organization;

5) on the content of the standards and rules of the self-regulatory organization;

6) on the structure and competence of the governing bodies and specialized bodies of the self-regulatory organization;

7) on decisions taken by the general meeting of members of the self-regulatory organization and the permanent collegial governing body of the self-regulatory organization;

8) on cases of holding members of a self-regulatory organization liable for violation of the requirements of the legislation of the Russian Federation in terms of carrying out entrepreneurial or professional activities, standards and rules of a self-regulatory organization (if such information is available);

9) any claims and applications filed by the self-regulatory organization with the courts;

10) on the composition and value of the property of the compensation fund of the self-regulatory organization;

11) on certificates issued to members of a self-regulatory organization or their employees based on the results of training, if the self-regulatory organization carries out certification of employees of members of such a self-regulatory organization;

12) on the course and results of the examination of a normative legal act, in which the self-regulatory organization took part;

13) on the results of audits conducted by the self-regulatory organization of the activities of members of the self-regulatory organization;

14) about annual financial statements self-regulatory organization and the results of its audit;

15) other information provided for by federal laws and self-regulatory organization.

2. A self-regulatory organization submits information to the federal executive authorities in the manner prescribed by the legislation of the Russian Federation.

3. A self-regulatory organization, along with the disclosure of information established by part 1 of this article, has the right to disclose other information about its activities and the activities of its members in the manner established by internal documents, if such disclosure does not entail a violation of the procedure and conditions for access to information established by a member of the self-regulatory organization information constituting a trade secret, as well as the emergence of a conflict of interests of the self-regulatory organization and the interests of its members and is determined by the self-regulatory organization as a reasonable measure to improve the quality of self-regulation and information transparency of the activities of the self-regulatory organization and its members.

4. Unless otherwise provided by federal law, the self-regulatory organization, in accordance with the provisions of part 1 of this article, independently establishes methods for disclosing information, taking into account the fact that the information disclosed should be available to the largest number of consumers of goods (works, services) produced by members of the self-regulatory organization , as well as shareholders, investors and creditors of members of a self-regulatory organization.

5. The self-regulatory organization must provide for methods for obtaining, using, processing, storing and protecting information, the misuse of which by employees of the self-regulatory organization may cause moral harm and (or) property damage to members of the self-regulatory organization or create prerequisites for causing such harm and (or) damage .

6. The self-regulatory organization shall be responsible to its members for the actions of the employees of the self-regulatory organization related to the illegal use of information that became known to them due to their official position.

7. Members of a self-regulatory organization are obliged to disclose information about their activities, subject to disclosure in accordance with the legislation of the Russian Federation and the requirements established by the self-regulatory organization.

Federal Law of July 22, 2008 No. No. 148-FZ Article 8 of this Federal Law has been amended

Article 8. Interested parties. Conflict of interest

1. For the purposes of this Federal Law, interested persons are understood to mean members of a self-regulatory organization, persons who are members of the management bodies of a self-regulatory organization, its employees acting on the basis of an employment contract or a civil law contract.

2. For the purposes of this Federal Law, the personal interest of the persons referred to in Part 1 of this Article shall mean a material or other interest that affects or may affect the provision of the rights and legitimate interests of a self-regulatory organization and (or) its members.

3. For the purposes of this Federal Law, a conflict of interest means a situation in which the personal interest of the persons specified in Part 1 of this Article affects or may affect the performance by them of their professional duties and (or) entails a conflict between such personal interest and the legitimate interests of the self-regulatory organization or the threat of a conflict that could lead to harm to the legitimate interests of the self-regulatory organization.

4. Interested persons must observe the interests of the self-regulatory organization, primarily in relation to the goals of its activities, and must not use the opportunities associated with the implementation of their professional duties, or allow the use of such opportunities for purposes contrary to the goals specified in founding documents non-profit organization.

5. Measures to prevent or resolve conflicts of interest are established by the charter of the non-profit organization, the standards and rules of the self-regulatory organization.

Federal Law of July 22, 2008 No. No. 148-FZ Article 9 of this Federal Law has been amended

Article 9. Control of the self-regulatory organization over the activities of its members

1. Control over the implementation by members of a self-regulatory organization of entrepreneurial or professional activities is carried out by a self-regulatory organization through scheduled and unscheduled inspections.

2. The subject of a scheduled inspection is the compliance by the members of the self-regulatory organization with the requirements of the standards and rules of the self-regulatory organization, the conditions for membership in the self-regulatory organization. The duration of a scheduled inspection is established by the permanent collegiate governing body of the self-regulatory organization.

3. A scheduled inspection is carried out at least once every three years and no more than once a year.

4. The basis for conducting an unscheduled inspection by a self-regulatory organization may be a complaint sent to the self-regulatory organization about a violation by a member of the self-regulatory organization of the requirements of the standards and rules of the self-regulatory organization.

5. A self-regulatory organization may provide, in addition to the grounds specified in paragraph 4 of this article, other grounds for conducting an unscheduled inspection.

6. In the course of an unscheduled inspection, only the facts indicated in the complaint or the facts subject to verification appointed on other grounds are subject to investigation.

7. A member of a self-regulatory organization is obliged to provide the necessary information for the audit at the request of the self-regulatory organization in the manner determined by the self-regulatory organization.

8. If a violation by a member of a self-regulatory organization of the requirements of the standards and rules of a self-regulatory organization of the conditions of membership in a self-regulatory organization is detected, the audit materials are transferred to the body for considering cases on the application of disciplinary measures against members of the self-regulatory organization.

9. The self-regulatory organization, as well as its employees and officials participating in the audit, are responsible for non-disclosure and non-distribution of information obtained in the course of its conduct, in accordance with this Federal Law and other federal laws.

10. The self-regulatory organization bears before its members, in accordance with the procedure established by the legislation of the Russian Federation and the charter of the non-profit organization, responsibility for illegal actions of employees of the self-regulatory organization in the exercise of their control over the activities of the members of the self-regulatory organization.

1. The body for considering cases on the application of disciplinary measures against members of a self-regulatory organization is obliged to consider complaints against the actions of members of a self-regulatory organization and cases of violation by its members of the requirements of standards and rules of entrepreneurial or professional activity.

2. The procedure for consideration of complaints and cases specified in Part 1 of this Article, the content of these violations are determined by the internal documents of the self-regulatory organization.

3. When considering complaints against the actions of members of a self-regulatory organization, the body for considering cases on the application of disciplinary measures against members of a self-regulatory organization is obliged to invite to its meetings the persons who filed such complaints, as well as members of the self-regulatory organization in respect of which cases on the application of disciplinary measures are being considered. impact.

4. The body for the consideration of cases on the application of disciplinary measures against members of a self-regulatory organization in cases established by the self-regulatory organization has the right to decide on the application of the following disciplinary measures:

1) issuance of an order obliging a member of the self-regulatory organization to eliminate the identified violations and setting the time limits for the elimination of such violations;

2) issuance of a warning to a member of the self-regulatory organization;

3) imposition of a fine on a member of a self-regulatory organization;

5) other measures established by internal documents of the self-regulatory organization.

5. Decisions provided for by paragraphs 1-3 and 5 of part 4 of this article shall be adopted by a majority vote of the members of the body for considering cases on the application of disciplinary measures against members of the self-regulatory organization and shall enter into force from the moment they are adopted by the said body. The decision provided for in clause 4 of part 4 of this article may be taken by at least seventy-five percent of the votes of the members of the body for considering cases on the application of disciplinary measures against members of the self-regulatory organization.

6. The self-regulatory organization, within two working days from the date of the adoption by the body for consideration of cases on the application of disciplinary measures against members of the self-regulatory organization of the decision on the application of disciplinary measures against the member of the self-regulatory organization, sends copies of such a decision to the member of the self-regulatory organization, as well as to the person who sent complaint on which such a decision was made.

7. Decisions of the body for consideration of cases on the application of disciplinary measures against members of the self-regulatory organization, with the exception of the decision provided for in paragraph 4 of part 4 of this article, may be appealed by members of the self-regulatory organization to the permanent collegiate management body of the self-regulatory organization within the time limits established by the self-regulatory organization .

8. The decision of the permanent collegiate governing body of a self-regulatory organization to expel a person from the members of the self-regulatory organization may be appealed by the person expelled from the members of the self-regulatory organization to the court in accordance with the procedure established by the legislation of the Russian Federation.

9. Funds received by a self-regulatory organization as a result of imposing a fine on a member of a self-regulatory organization in accordance with this article shall be credited to the compensation fund of the self-regulatory organization.

Any member of a self-regulatory organization in the event of violation of his rights and legitimate interests by the actions (inaction) of the self-regulatory organization, its employees and (or) decisions of its management bodies has the right to challenge such actions (inaction) and (or) decisions in court, and also demand, in accordance with with the legislation of the Russian Federation, compensation by a self-regulatory organization for the harm caused to him.

Federal Law of July 22, 2008 No. No. 148-FZ Article 12 of this Federal Law has been amended

Article 12. Sources of formation of property of self-regulatory organizations

1. The sources of formation of the property of a self-regulatory organization are:

1) regular and one-time receipts from members of the self-regulatory organization (entry, membership and target fees);

2) voluntary property contributions and donations;

3) funds received from the provision of services for the provision of information, the disclosure of which may be carried out on a paid basis;

4) funds received from the provision educational services related to entrepreneurial activity, commercial or professional interests of members of a self-regulatory organization;

5) funds received from the sale information materials related to entrepreneurial activity, commercial or professional interests of members of a self-regulatory organization;

6) income received from placement Money on bank deposits;

7) other sources not prohibited by law.

2. Federal laws may establish restrictions on sources of income received by self-regulatory organizations.

3. The procedure for regular and one-time receipts from members of a self-regulatory organization is determined by the internal documents of the self-regulatory organization approved by the general meeting of members of the self-regulatory organization, unless otherwise provided by federal law or the charter of a non-profit organization.

4. Lead accounting and financial (accounting) statements of a self-regulatory organization are subject to mandatory audit.

Federal Law of July 22, 2008 No. No. 148-FZ Article 13 of this Federal Law has been amended

Article 13

1. A self-regulatory organization has the right to apply the following methods of ensuring the property liability of members of a self-regulatory organization to consumers of goods (works, services) produced by them and other persons:

1) creation of a system of personal and (or) collective insurance;

2) formation of a compensation fund.

2. The compensation fund is initially formed exclusively in cash from the contributions of members of the self-regulatory organization in the amount of at least three thousand rubles in respect of each member.

3. If the system of personal and (or) collective insurance is used as a way to ensure the liability of members of a self-regulatory organization to consumers of the goods (works, services) produced by them and other persons, the minimum amount of the sum insured under the liability insurance contract of each member cannot be less than thirty thousand rubles a year.

4. Federal laws may establish requirements other than those provided for by this Federal Law to the procedure for the formation of a compensation fund for a self-regulatory organization, its minimum size, placement of funds of such a fund, liability insurance of members of a self-regulatory organization.

5. The placement of the funds of the compensation fund for the purpose of their preservation and growth and the investment of such funds shall be carried out through management companies, unless otherwise established by federal law.

6. Control over compliance by management companies with restrictions on placement and investment of compensation fund funds, rules for the placement of such funds and investment requirements, as well as over investment of compensation fund funds, which are established by this Federal Law and the investment declaration adopted by the self-regulatory organization, is carried out by a specialized depository on the basis of an agreement on the provision of services of a specialized depository.

7. Income received from the placement and investment of the compensation fund shall be used to replenish the compensation fund and cover the costs associated with ensuring proper conditions for investing the compensation fund.

8. A self-regulatory organization has the right to conclude agreements only with management companies and a specialized depository, which are selected based on the results of a tender held in the manner prescribed by the internal documents of the self-regulatory organization.

9. No more than ten percent of the compensation fund may be invested in real estate objects.

10. At least ten percent of the compensation fund must be invested in government securities of the Russian Federation.

11. Additional requirements for the composition and structure of the compensation fund are determined by the investment declaration adopted by the self-regulatory organization.

12. A self-regulatory organization, in accordance with federal laws, within the limits of the compensation fund of a self-regulatory organization, shall be liable for the obligations of its member arising as a result of causing harm as a result of defects in goods (works, services) produced by a member of a self-regulatory organization.

13. It is not allowed to make payments from the compensation fund, with the exception of payments in order to ensure the property liability of members of the self-regulatory organization to consumers of goods (works, services) produced by them and other persons. Return of contributions to members of a self-regulatory organization is not allowed.

14. Recovery on the obligations of a self-regulatory organization, including the obligation to compensate for the harm caused to a member of the self-regulatory organization, cannot be imposed on the property of the compensation fund of the self-regulatory organization.

Federal Law of July 22, 2008 No. No. 148-FZ Part 6 of Article 14 of this Federal Law has been amended

Article 14 officials and other employees

1. A self-regulatory organization is not entitled to carry out entrepreneurial activities.

2. A self-regulatory organization is not entitled to establish economic partnerships and companies engaged in entrepreneurial activities that are the subject of self-regulation for this self-regulatory organization, and become a participant in such business partnerships and societies.

3. A self-regulatory organization is not entitled to carry out the following actions and make the following transactions, unless otherwise provided by federal laws:

1) provide property belonging to it as a pledge to secure the fulfillment of obligations of other persons;

2) issue guarantees for other persons, with the exception of their employees;

3) to acquire shares, bonds and other securities issued by its members, except for cases when such securities are traded on stock exchanges and (or) from other organizers of trades on the securities market;

4) ensure the fulfillment of their obligations by pledging the property of their members, by guarantees and guarantees issued by them;

5) act as an intermediary (commission agent, agent) for the sale of goods (works, services) produced by members of the self-regulatory organization;

6) make other transactions in cases provided for by other federal laws.

4. A person exercising the functions of the sole executive body of a self-regulatory organization shall not have the right to:

1) acquire securities the issuers or debtors of which are members of the self-regulatory organization, their subsidiaries and dependent companies;

2) conclude with members of the self-regulatory organization, their subsidiaries and dependent companies any property insurance contracts, loan agreements, guarantee agreements;

3) carry out, as an individual entrepreneur, entrepreneurial activities that are the subject of self-regulation for this self-regulatory organization;

4) establish business partnerships and companies that carry out entrepreneurial activities that are the subject of self-regulation for this self-regulatory organization, become a participant in such business partnerships and companies.

5. A person exercising the functions of the sole executive body of a self-regulatory organization shall not be entitled to be a member of the management bodies of members of the self-regulatory organization, their subsidiaries and affiliates, or be an employee on the staff of these organizations.

6. Federal laws, the charter of a non-profit organization or other requirements established by it may provide for the imposition on a self-regulatory organization or its employees of additional restrictions aimed at eliminating the circumstances that entail the emergence of a conflict of interest established by Part 3 of this Federal Law, the threat of unlawful use by employees of a self-regulatory organization organization of information about the activities of members of a self-regulatory organization that has become known to them due to their official position.

1. The governing bodies of a self-regulatory organization are:

1) general meeting of members of the self-regulatory organization;

2) a permanent collegial governing body of a self-regulatory organization;

3) the executive body of the self-regulatory organization.

2. In a self-regulatory organization, the functions of a permanent collegial management body may be performed by a general meeting of members of the self-regulatory organization.

Federal Law of July 22, 2008 No. No. 148-FZ Article 16 of this Federal Law has been amended

Article 16

1. The general meeting of members of a self-regulatory organization is the supreme governing body of the self-regulatory organization, authorized to consider issues related to its competence by this Federal Law, other federal laws and the charter of a non-profit organization on the activities of a self-regulatory organization.

2. The general meeting of members of the self-regulatory organization is convened at intervals and in the manner established by the charter of the self-regulatory organization, but at least once a year.

3. To competence general meeting members of a self-regulatory organization include the following issues:

1) approval of the charter of the non-profit organization, introduction of amendments to it;

2) election of members of a permanent collegiate management body of a self-regulatory organization, early termination of the powers of the said body or early termination of the powers of its individual members;

3) appointment to a position of a person exercising the functions of the sole executive body of a self-regulatory organization, early dismissal of such a person from office;

4) approval of disciplinary measures, the procedure and grounds for their application, the procedure for considering cases of violation by members of the self-regulatory organization of the requirements of the standards and rules of the self-regulatory organization, the conditions for membership in the self-regulatory organization;

5) determination of priority areas of activity of the self-regulatory organization, the principles of formation and use of its property;

6) approval of the report of the permanent collegiate management body of the self-regulatory organization and the executive body of the self-regulatory organization;

7) approval of the estimate of the self-regulatory organization, making changes to it, approval of the annual financial statements of the self-regulatory organization;

8) making a decision on the voluntary exclusion of information about the self-regulatory organization from the state register of self-regulatory organizations;

9) adoption of a decision on reorganization or liquidation of a non-profit organization, appointment of a liquidator or a liquidation commission;

10) consideration of the complaint of a person expelled from the members of a self-regulatory organization on the groundlessness of the decision taken by the permanent collegiate management body of the self-regulatory organization on the basis of the recommendation of its body for consideration of cases on the application of measures of disciplinary action against members of the self-regulatory organization to exclude this person from the members of the self-regulatory organization and making a decision on such a complaint;

11) adoption of other decisions in accordance with federal laws and the charter of the non-profit organization.

3.1. The issues provided for by paragraphs 1, 2, 4 - 10 of part 3 of this article cannot be attributed by the charter of a non-profit organization to the competence of other management bodies of a self-regulatory organization.

4. If the general meeting of members of a self-regulatory organization performs the functions of its permanent collegial management body, general meetings of members of a self-regulatory organization shall be held at least once every three months.

Federal Law of July 22, 2008 No. No. 148-FZ Article 17 of this Federal Law has been amended

Article 17

1. A permanent collegiate management body of a self-regulatory organization is formed from among individuals - members of the self-regulatory organization and (or) representatives of legal entities - members of the self-regulatory organization, as well as independent members.

2. For the purposes of this Federal Law, independent members are persons who are not affiliated labor relations with a self-regulatory organization and its members. Independent members must be at least one third of the members of the permanent collegiate management body of the self-regulatory organization. Federal laws may establish other requirements for the number of independent members of a permanent collegiate governing body of a self-regulatory organization.

3. An independent member of the permanent collegial governing body of the self-regulatory organization must first declare in writing about a conflict of interest that affects or may affect the objective consideration of issues included in the agenda of the meeting of the permanent collegial governing body of the self-regulatory organization, and the adoption of decisions on them and in which a conflict arises or may arise between the personal interest of the specified independent member and the legitimate interests of the self-regulatory organization, which may lead to harm to these legitimate interests of the self-regulatory organization.

4. In case of violation by an independent member of the permanent collegiate governing body of a self-regulatory organization of the obligation to declare a conflict of interest and causing damage to the legitimate interests of the self-regulatory organization in connection with this, which are confirmed by a court decision, the general meeting of members of the self-regulatory organization decides on early termination of the powers of an independent member.

5. Each member of the permanent collegiate governing body of the self-regulatory organization shall have one vote when voting.

6. The quantitative composition of the permanent collegiate governing body of a self-regulatory organization, the procedure and conditions for its formation, its activities, and the adoption of decisions by this body shall be established by the charter of the non-profit organization.

7. Unless otherwise established by federal law, the competence of the permanent collegiate governing body of a self-regulatory organization includes the following issues:

1) approval of the standards and rules of the self-regulatory organization, making changes to them;

2) creation of specialized bodies of the self-regulatory organization, approval of regulations on them and rules for their activities;

3) appointment of an audit organization to verify the accounting and financial (accounting) reporting of a self-regulatory organization, making decisions on conducting audits of the activities of the executive body of a self-regulatory organization;

4) presentation to the general meeting of members of the self-regulatory organization of a candidate or candidates for appointment to the position of the executive body of the self-regulatory organization;

5) approval of the list of persons whose candidacies may be proposed as arbitrators for their selection by the participants in disputes considered on their applications in an arbitration tribunal formed by a self-regulatory organization;

6) making a decision on joining a self-regulatory organization or on exclusion from a self-regulatory organization on the grounds provided for by the charter of a self-regulatory organization;

7) other issues provided for by the charter of the non-profit organization.

8. Issues provided for by paragraphs 1 and 2 of part 7 of this article, the charter of a non-profit organization may be referred to the competence of the general meeting of members of the self-regulatory organization.

The competence of the executive body of the self-regulatory organization includes any issues of economic and other activities of the self-regulatory organization that do not fall within the competence of the general meeting of members of the self-regulatory organization and its permanent collegial management body.

1. To the specialized bodies of the self-regulatory organization, which, in without fail are created by a permanent collegiate governing body of a self-regulatory organization, include:

1) the body exercising control over compliance by the members of the self-regulatory organization with the requirements of the standards and rules of the self-regulatory organization;

2) body for consideration of cases on the application of disciplinary measures against members of the self-regulatory organization.

2. In addition to the specialized bodies of the self-regulatory organization specified in Part 1 of this Article, decisions of the permanent collegiate management body of the self-regulatory organization may provide for the creation of other specialized bodies on a temporary or permanent basis.

3. Each specialized body established by the permanent collegial governing body of the self-regulatory organization shall act on the basis of the relevant regulation approved by the permanent collegial governing body of the self-regulatory organization.

4. Specialized bodies of the self-regulatory organization perform their functions independently.

5. Based on the results of inspections of the activities of members of the self-regulatory organization by the body exercising control over compliance by members of the self-regulatory organization with the requirements of the standards and rules of the self-regulatory organization, the body for considering cases on the application of disciplinary measures against members of the self-regulatory organization considers complaints against the actions of members of the self-regulatory organization, and also cases of violations by members of a self-regulatory organization in the course of their activities of the requirements of the standards and rules of a self-regulatory organization.

6. The body for considering cases on the application of disciplinary measures against members of a self-regulatory organization shall send recommendations to the permanent collegial management body of the self-regulatory organization on exclusion from the membership of the self-regulatory organization.

7. The procedure for considering cases on the application of disciplinary measures against members of a self-regulatory organization is established by the general meeting of members of the self-regulatory organization.

Federal Law of July 22, 2008 No. No. 148-FZ

Article 20. Maintenance of the state register of self-regulatory organizations

The Federal Law of April 28, 2009 amended Part 1 of Article 20 of this Federal Law

1. Maintaining the state register of self-regulatory organizations is carried out by the authorized Government of the Russian Federation federal agency executive power in the event that an authorized federal executive body has not been determined to exercise control (supervision) over the activities of self-regulatory organizations in the established field of activity.

2. If an authorized federal executive body has been identified to exercise control (supervision) over the activities of self-regulatory organizations in the established field of activity, the state register of self-regulatory organizations in the relevant field of activity shall be maintained by this authorized federal body.

Federal Law No. 160-FZ of July 23, 2008 amended Part 3 of Article 20 of this Federal Law. The amendments shall enter into force on January 1, 2009.

3. The federal executive body authorized by the Government of the Russian Federation establishes the procedure for maintaining the state register of self-regulatory organizations.

4. The state register of self-regulatory organizations is maintained on paper and electronic media. In the event of a discrepancy between paper and electronic records, paper records take precedence.

5. The maintenance of the state register of self-regulatory organizations on electronic media is carried out in accordance with uniform organizational, methodological, software and technical principles that ensure compatibility and interaction of this register with other federal information systems and networks.

6. Information contained in state register self-regulatory organizations are open and publicly available.

The Federal Law of December 27, 2009 reworded Clause 7 of Article 20 of this Federal Law, which shall enter into force one month after the official publication of the said Federal Law

7. For entering information into the state register of self-regulatory organizations, a state fee is paid in the amount and in the manner established by the legislation of the Russian Federation on taxes and fees.

8. Information about a non-profit organization that meets the requirements established in Article 3 of this Federal Law shall be entered in the state register of self-regulatory organizations within seven working days from the date of submission by the non-profit organization to the authorized federal executive body specified in part 1 or 2 of this article of the application and the following documents:

1) a copy of the certificate of state registration of the non-profit organization;

2) a copy of the charter of the non-profit organization;

3) copies of documents certified by the non-profit organization, confirming the state registration of its members - legal entities;

4) copies of certificates of state registration of its members certified by a non-profit organization - individual entrepreneurs;

5) a list of members of a non-profit organization indicating the type (s) of entrepreneurial or professional activity carried out by them, which is the subject of self-regulation for a self-regulatory organization;

6) documents confirming that the non-profit organization has the methods provided for by this Federal Law to ensure the liability of the members of the non-profit organization to consumers of the goods (works, services) produced and other persons;

7) copies of documents confirming the creation by a non-profit organization of specialized bodies provided for by Part 4 of this Federal Law, copies of regulations on such bodies and copies of documents on the composition of persons participating in their work;

8) copies of the standards and rules of the self-regulatory organization provided for in clause 2 of part 3 of this Federal Law;

9) other documents, the need to submit which for acquiring the status of a self-regulatory organization is provided for by other federal laws.

9. The authorized federal executive body specified in part 1 or 2 of this article, within seven working days from the date of submission of the documents specified in part 8 of this article, enters information about the non-profit organization into the state register of self-regulatory organizations or decides to refuse to enter information about a non-profit organization in the state register of self-regulatory organizations.

10. The grounds for making a decision to refuse to enter information about a non-profit organization in the state register of self-regulatory organizations are the non-compliance of the non-profit organization with the requirements provided for by Part 3 of Article 3 of this Federal Law or other federal laws to the number of members of the self-regulatory organization and (or) the size of the compensation fund of the self-regulatory organization. organization, submission by a non-profit organization of documents that do not comply with the list established in this article, failure to submit all the documents established by Part 8 of this Article, as well as in the case specified in Part 6 of this Federal Law.

11. The decision to refuse to enter information about a non-profit organization in the state register of self-regulatory organizations may be appealed in court.

12. Federal laws may establish the specifics of maintaining the state register of self-regulatory organizations, including other deadlines for entering into the state register of self-regulatory organizations information about non-profit organizations that unite subjects of entrepreneurial or professional activity, as well as the specifics of the requirements for non-profit organizations in relation to the composition and the content of the documents submitted to the authorized federal executive body specified in part 1 or 2 of this article.

13. Non-profit organizations, information about which is not included in the established procedure in the state register of self-regulatory organizations, are not entitled to use the words "self-regulatory", "self-regulation" and derivatives of the word "self-regulation" in their name, as well as in the course of their activities.

Federal Law of July 22, 2008 No. No. 148-FZ Part 4 of Article 21 of this Federal Law has been amended

Article 21

1. The basis for deleting information about a non-profit organization from the state register of self-regulatory organizations by the authorized federal executive body specified in Parts 1 or 2 of Article 20 of this Federal Law is:

1) an application of a self-regulatory organization to exclude information about it from the state register of self-regulatory organizations;

2) liquidation or reorganization of a non-profit organization;

3) a court decision that has entered into legal force to exclude information about a non-profit organization from the state register of self-regulatory organizations on the basis of its non-compliance with the requirements of this Federal Law and other federal laws.

2. Exclusion of information about a non-profit organization from the state register of self-regulatory organizations on other grounds, except for the grounds specified in part 1 of this article, is not allowed.

3. A non-profit organization shall be considered excluded from the state register of self-regulatory organizations and terminated its activities as a self-regulatory organization from the date of submission of an application for deletion of information about a non-profit organization from the state register of self-regulatory organizations to the authorized federal executive body specified in Part 1 or 2 of this Federal Law, or from the date of entry into force of a court decision to exclude information about a non-profit organization from the state register of self-regulatory organizations, or from the date of liquidation or reorganization of a non-profit organization.

4. A self-regulatory organization that does not comply with the requirements of this Federal Law or the requirements established by other federal laws for the number of members of a self-regulatory organization or the size of its compensation fund is obliged to submit an application for such non-compliance to the authorized federal executive body specified in Parts 1 or 2 of this Federal Law . This application shall be submitted in writing to the authorized federal executive body specified in Parts 1 or 2 of Article 20 of this Federal Law, indicating the date on which the grounds for deleting information about the non-profit organization from the state register of self-regulatory organizations arose. An application for non-compliance of a self-regulatory organization with the requirements of this Federal Law may be submitted to the authorized federal executive body specified in Parts 1 or 2 of Article 20 of this Federal Law, no more than once a year. Within two months from the date of receipt of this application, information about a non-profit organization cannot be excluded from the state register of self-regulatory organizations on the basis specified in this application. If, after the expiration of the specified period, the self-regulatory organization does not submit to the authorized federal executive body specified in parts 1 or 2 of this Federal Law, evidence of bringing its status or activities in line with the requirements specified in Article 3 of this Federal Law, information about non-profit organizations are subject to exclusion from the state register of self-regulatory organizations.

Federal Law of July 22, 2008 No. No. 148-FZ Article 20 of this Federal Law has been amended

Article 22. Interaction between self-regulatory organizations and authorized federal executive bodies

1. The authorized federal executive body specified in Parts 1 or 2 of Article 20 of this Federal Law shall send information to the self-regulatory organization on the results of inspections of the entrepreneurial or professional activities of members of the self-regulatory organization conducted in the manner and in the cases provided for by the legislation of the Russian Federation, for with the exception of information on the results of inspections during which the act was not drawn up.

2. The authorized federal executive body specified in Parts 1 or 2 of Article 20 of this Federal Law shall involve self-regulatory organizations in the discussion of draft federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, government programs on issues related to the subject of self-regulation.

3. A self-regulatory organization is obliged to send to the authorized federal executive body specified in Parts 1 or 2 of this Federal Law:

1) the standards and rules of the self-regulatory organization, the terms of membership in it in accordance with the subject of self-regulation and the changes made to them within seven working days after they are introduced by the permanent collegiate management body of the self-regulatory organization;

2) information about inspections of activities of members of the self-regulatory organization planned and carried out by the self-regulatory organization and the results of these inspections.

4. The authorized federal executive body specified in Parts 1 or 2 of Article 20 of this Federal Law may not:

1) demand from the self-regulatory organization and its members information, the submission of which is not provided for by federal laws;

2) make decisions obliging the self-regulatory organization to carry out actions that violate federal laws and other regulatory legal acts adopted in accordance with them, or refrain from taking legal actions that are mandatory in accordance with the standards and rules of the self-regulatory organization;

3) demand changes or cancellation of decisions taken by the governing bodies of the self-regulatory organization in accordance with their competence, as well as demand that these bodies make decisions regarding a member or members of a self-regulatory organization or a self-regulatory organization.

5. The authorized federal executive body specified in part 1 or 2 of this Federal Law shall have the right to apply to the court with a request to remove information about a non-profit organization from the state register of self-regulatory organizations if the self-regulatory organization does not comply with the requirements provided for in part 3 of Article 3 of this Federal Law , as well as in case of violation during the year more than two times of other requirements of this Federal Law, the requirements of other federal laws in relation to a self-regulatory organization, if these violations have not been eliminated or are irreparable.

6. If a court decides to exclude information about a non-profit organization from the state register of self-regulatory organizations on the basis of non-compliance of a self-regulatory organization or its activities with the requirements of this Federal Law, other federal laws, the relevant non-profit organization that had the status of a self-regulatory organization is not entitled to re-apply for entering information about it in the state register of self-regulatory organizations within one year from the date of entry into force of the decision to exclude information about the non-profit organization from the state register of self-regulatory organizations.

State control (supervision) over the activities of self-regulatory organizations is carried out in accordance with the procedure established by federal laws.

Federal Law of July 22, 2008 No. No. 148-FZ Article 24 of this Federal Law has been amended

Article 24. Participation of self-regulatory organizations in non-profit organizations

1. Self-regulatory organizations have the right to create associations (unions) in accordance with the legislation of the Russian Federation on non-profit organizations.

2. Associations (unions) of self-regulatory organizations may be created by them on the basis of territorial, sectoral, intersectoral or other characteristics.

3. The decision on the participation of a self-regulatory organization in an association (union) of self-regulatory organizations is taken by the general meeting of members of the self-regulatory organization in the manner prescribed by its charter.

4. Members of an association (union) of self-regulatory organizations may transfer to the association (union) the right to develop uniform standards and rules of self-regulatory organizations, conditions for membership of business or professional entities in self-regulatory organizations - members of the association (union), to resolve disputes in an arbitration court, for vocational training and certification of employees of members of self-regulatory organizations, for certification of goods (works, services) produced by them, for disclosure of information, as well as other rights of self-regulatory organizations.

5. The restrictions provided for by this Federal Law shall fully apply to an association (union) of self-regulatory organizations, its officials and other employees.

6. The charter of an association (union) of self-regulatory organizations may provide for additional property liability of the association (union) to consumers of goods (works, services) produced by members of self-regulatory organizations participating in the activities of the association (union) of self-regulatory organizations, at the expense of the compensation fund formed such self-regulatory organizations.

7. Self-regulatory organizations may be members of chambers of commerce and industry in accordance with the legislation of the Russian Federation on chambers of commerce and industry, as well as members of other non-profit organizations.

President of the Russian FederationV. Putin

Moscow Kremlin

For several years now, there have been rumors in the construction community that the system of self-regulation we know will soon come to an end. That the heads of self-regulatory organizations are about to fly (and the collected money of the builders will fly with them in an unknown direction). And that everything is about to be completely different. Now it is clear that it was in 2017 that these rumors really became a reality. At […]

The boy shouted "wolves" for a very long time. So, gentlemen: wolves. This is far from the first construction self-regulatory organization that is excluded from the register of Rostekhnadzor on a tip from the National Association. This is not the first time that hundreds of careless construction companies are left without security clearance, thousands of construction workers are out of work, and many thousands of their family members are left without a livelihood (and all […]

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How many bloody tears have already been shed about regionalization... But regionalization is not the only rotten apple that lawmakers treated the construction industry to in 372-FZ. There is also " single register specialists”… This innovation concerns everyone. Builders moving to regional SROs. Anywhere not moving builders. Designers and surveyors who were not affected by regionalization at all. Requirements for specialists in […]

Everything, gentlemen. All notifications accepted, notifications are no longer accepted. The deadline for their submission was the first of December. What does this mean for those who made it — and for those who didn't? What to do next? Let's figure it out. The first stage of changes related to the transition to regional self-regulatory organizations has been completed. At this stage, the builders were required to decide […]

THE RUSSIAN FEDERATION

THE FEDERAL LAW

ABOUT SELF-REGULATORY ORGANIZATIONS

(as amended by Federal Laws No. 148-FZ of 22.07.2008, No. 160-FZ of 23.07.2008)

Article 1. Subject of regulation and scope of this Federal Law

1. This Federal Law regulates relations arising in connection with the acquisition and termination of the status of self-regulatory organizations, the activities of self-regulatory organizations that unite business or professional entities, the interaction of self-regulatory organizations and their members, consumers of goods (works, services) produced by them, federal bodies executive authorities, executive authorities of the constituent entities of the Russian Federation, local governments.

2. Features of the acquisition, termination of the status of self-regulatory organizations, legal status self-regulatory organizations, the activities of self-regulatory organizations, the procedure for admission to membership in a self-regulatory organization and termination of membership in a self-regulatory organization, the procedure for self-regulatory organizations to control the activities of their members and the application by self-regulatory organizations of disciplinary measures against their members, as well as the procedure for exercising state control (supervision) for the observance by self-regulatory organizations that unite subjects of entrepreneurial or professional activities of certain types, the requirements of the legislation of the Russian Federation regulating the activities of these entities, and the legislation of the Russian Federation on self-regulatory organizations may be established by federal laws.

3. This Federal Law does not apply to self-regulatory organizations of professional participants in the securities market, joint-stock investment funds, management companies and specialized depositories of investment funds, mutual investment funds and non-state pension funds, housing savings cooperatives, non-state pension funds, credit organizations, credit bureaus stories. Relations arising in connection with the acquisition or termination of the status of such self-regulatory organizations, their activities, as well as in connection with the interaction of such self-regulatory organizations and their members, consumers of their services (works), federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local self-government bodies are determined by federal laws regulating the relevant type of activity.

Article 2. The concept of self-regulation

2. Self-regulation in accordance with this Federal Law is carried out on the terms of association of subjects of entrepreneurial or professional activity into self-regulatory organizations.

3. For the purposes of this Federal Law, subjects of entrepreneurial activity are understood to be individual entrepreneurs and legal entities registered in accordance with the established procedure and carrying out entrepreneurial activities determined in accordance with the Civil Code of the Russian Federation, and subjects of professional activity are individuals engaged in professional activities regulated in in accordance with federal laws.

(as amended by Federal Law No. 148-FZ of July 22, 2008)

Article 3. Self-regulatory organizations

(as amended by Federal Law No. 148-FZ of July 22, 2008)

2. Consolidation in one self-regulatory organization of subjects of entrepreneurial activity and subjects of professional activity of a certain type may be provided for by federal laws.

3. A non-profit organization established in accordance with the Civil Code of the Russian Federation and Federal Law No. 7-FZ of January 12, 1996 “On Non-Commercial Organizations” is recognized as a self-regulatory organization, provided that it complies with all the requirements established by this Federal Law. In addition to those specified in Part 1 of this Article, the said requirements include:

(as amended by Federal Law No. 148-FZ of July 22, 2008)

2) the existence of standards and rules for entrepreneurial or professional activities that are mandatory for all members of the self-regulatory organization;

(as amended by Federal Law No. 148-FZ of July 22, 2008)

4. Unless otherwise established by federal law, in order to carry out activities as a self-regulatory organization, a non-profit organization must create specialized bodies that monitor compliance by members of the self-regulatory organization with the requirements of the standards and rules of entrepreneurial or professional activity and consider cases of application in respect of members self-regulatory organization of disciplinary measures provided for by the internal documents of the self-regulatory organization.

(as amended by Federal Law No. 148-FZ of July 22, 2008)

5. The requirements provided for by paragraphs 1-3 of part 3 of this article and imposed on self-regulatory organizations, and the requirements for non-profit organizations to be recognized as self-regulatory organizations, are mandatory, unless otherwise established by federal law. Federal laws may establish other requirements for non-profit organizations uniting business or professional entities to be recognized as self-regulatory organizations, and higher requirements may also be established in comparison with the requirements for self-regulatory organizations specified in this Federal Law.

(as amended by Federal Law No. 148-FZ of July 22, 2008)

6. A non-profit organization acquires the status of a self-regulatory organization from the date of entering information about the non-profit organization in the state register of self-regulatory organizations and loses the status of a self-regulatory organization from the date of deletion of information about the non-profit organization from the specified register.

(as amended by Federal Law No. 148-FZ of July 22, 2008)

Article 4. Subject of self-regulation, standards and rules of self-regulatory organizations

1. The subject of self-regulation is the entrepreneurial or professional activity of entities united in self-regulatory organizations.

(as amended by Federal Law No. 148-FZ of July 22, 2008)

6. The standards and rules of a self-regulatory organization must comply with the rules of business ethics, eliminate or reduce the conflict of interests of the members of the self-regulatory organization, their employees and members of the permanent collegiate management body of the self-regulatory organization.

7. The standards and rules of a self-regulatory organization should establish a ban on the implementation by members of a self-regulatory organization of activities to the detriment of other business or professional entities, and should also establish requirements that prevent unfair competition, the commission of actions that cause moral harm or damage to consumers of goods (works, services) and other persons, actions that damage the business reputation of a member of a self-regulatory organization or the business reputation of a self-regulatory organization.

Article 5. Membership of business or professional entities in self-regulatory organizations

1. Membership of subjects of entrepreneurial or professional activity in self-regulatory organizations is voluntary.

2. Federal laws may provide for cases of mandatory membership of subjects of entrepreneurial or professional activity in self-regulatory organizations.

(as amended by Federal Law No. 148-FZ of July 22, 2008)

3. An entity carrying out various types of entrepreneurial or professional activities may be a member of several self-regulatory organizations, if such self-regulatory organizations unite subjects of entrepreneurial or professional activities of the relevant types.

Article 6. Basic functions, rights and obligations of a self-regulatory organization

1. Self-regulatory organization performs the following main functions:

1) develops and establishes the conditions for membership of subjects of entrepreneurial or professional activity in a self-regulatory organization;

(as amended by Federal Law No. 148-FZ of July 22, 2008)

2) apply disciplinary measures provided for by this Federal Law and internal documents of the self-regulatory organization in relation to its members;

(as amended by Federal Law No. 148-FZ of July 22, 2008)

5) represents the interests of the members of the self-regulatory organization in their relations with the state authorities of the Russian Federation, state authorities of the subjects of the Russian Federation, local governments;

6) organizes vocational training, certification of employees of members of a self-regulatory organization or certification of goods (works, services) produced by members of a self-regulatory organization, unless otherwise established by federal laws;

(Clause 8 was introduced by Federal Law No. 148-FZ of July 22, 2008)

(Clause 9 was introduced by Federal Law No. 148-FZ of July 22, 2008)

(Part two as amended by Federal Law No. 148-FZ of July 22, 2008)

3. Self-regulatory organization has the right:

(as amended by Federal Law No. 148-FZ of July 22, 2008)

1) has expired. - Federal Law of July 22, 2008 N 148-FZ;

2) challenge on its own behalf, in accordance with the procedure established by the legislation of the Russian Federation, any acts, decisions and (or) actions (inaction) of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation and local governments that violate the rights and legitimate interests of a self-regulatory organization, its a member or members, or posing a threat of such a violation;

4) to submit proposals for the consideration of state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local governments on the formation and implementation of state policy and the policy pursued by local governments in relation to the subject of self-regulation;

(as amended by Federal Law No. 148-FZ of July 22, 2008)

5. A self-regulatory organization is obliged to perform the functions of a self-regulatory organization, provided for in paragraphs 1, 2, 4, 7-9 of part 1 of this article.

(Part Five as amended by Federal Law No. 148-FZ of July 22, 2008)

Article 7

1. A self-regulatory organization, through publication in the media and (or) placement in information and telecommunication networks, is obliged to ensure access to information:

1) on the composition of its members;

(as amended by Federal Law No. 148-FZ of July 22, 2008)

4) on the conditions of membership in a self-regulatory organization;

6) on the structure and competence of the governing bodies and specialized bodies of the self-regulatory organization;

7) on decisions taken by the general meeting of members of the self-regulatory organization and the permanent collegial governing body of the self-regulatory organization;

(Clause 7 as amended by Federal Law No. 148-FZ of July 22, 2008)

(as amended by Federal Law No. 148-FZ of July 22, 2008)

9) any claims and applications filed by the self-regulatory organization with the courts;

10) on the composition and value of the property of the compensation fund of the self-regulatory organization;

(as amended by Federal Law No. 148-FZ of July 22, 2008)

12) on the course and results of the examination of a normative legal act, in which the self-regulatory organization took part;

13) on the results of audits conducted by the self-regulatory organization of the activities of members of the self-regulatory organization;

(as amended by Federal Law No. 148-FZ of July 22, 2008)

14) on the annual financial statements of the self-regulatory organization and the results of its audit;

15) other information provided for by federal laws and self-regulatory organization.

(as amended by Federal Law No. 148-FZ of July 22, 2008)

2. A self-regulatory organization submits information to the federal executive authorities in the manner prescribed by the legislation of the Russian Federation.

3. A self-regulatory organization, along with the disclosure of information established by part 1 of this article, has the right to disclose other information about its activities and the activities of its members in the manner established by internal documents, if such disclosure does not entail a violation of the procedure and conditions for access to information established by a member of the self-regulatory organization information constituting trade secret, as well as the emergence of a conflict of interests of the self-regulatory organization and the interests of its members and is determined by the self-regulatory organization as a reasonable measure to improve the quality of self-regulation and information transparency of the activities of the self-regulatory organization and its members.

(as amended by Federal Law No. 148-FZ of July 22, 2008)

Article 8. Interested parties. Conflict of interest

1. For the purposes of this Federal Law, interested parties mean members of a self-regulatory organization, persons who are members of the management bodies of a self-regulatory organization, its employees acting on the basis of employment contract or civil law contract.

3. For the purposes of this Federal Law, a conflict of interest means a situation in which the personal interest of the persons specified in Part 1 of this Article affects or may affect the performance of their professional duties and (or) entails a contradiction between such personal interest and legitimate interests self-regulatory organization or the threat of a conflict that could lead to harm to the legitimate interests of the self-regulatory organization.

(as amended by Federal Law No. 148-FZ of July 22, 2008)

5. Measures to prevent or resolve conflicts of interest are established by the charter of the non-profit organization, the standards and rules of the self-regulatory organization.

(as amended by Federal Law No. 148-FZ of July 22, 2008)

Article 9. Control of the self-regulatory organization over the activities of its members

(as amended by Federal Law No. 148-FZ of July 22, 2008)

3. A scheduled inspection is carried out at least once every three years and no more than once a year.

5. A self-regulatory organization may provide, in addition to the grounds specified in paragraph 4 of this article, other grounds for conducting an unscheduled inspection.

6. In the course of an unscheduled inspection, only the facts indicated in the complaint or the facts subject to verification appointed on other grounds are subject to investigation.

8. If a member of a self-regulatory organization reveals a violation of the requirements of the standards and rules of a self-regulatory organization, the terms of membership in a self-regulatory organization, the audit materials are transferred to the body for considering cases on the application of disciplinary measures against members of a self-regulatory organization.

The principle of freedom of entrepreneurial or other professional activity is enshrined in the Russian Federation by law. That is why on the territory of our state there are many organizations that carry out their activities without outside interference. Some provisions of 315-FZ "O" will be discussed in this article.

What is self-regulation?

Self-regulation, in accordance with article 2 of the submitted normative act, are called initiative and independent activity carried out by subjects of entrepreneurial or any other professional sphere. Representatives of the self-regulatory region are engaged in the formation of standards and various rules. It is also worth noting that the competence of the persons in question includes control over the implementation of the established requirements.

Business entities are understood as various legal entities and individuals registered in accordance with the procedure established by law and legally carrying out their activities in strict accordance with the Russian Civil Code. According to Article 3 No. 315-FZ "On Self-Regulatory Organizations", the subjects are united into special instances created on a non-profit basis. The order of their functioning will be described below.

Rules of self-regulatory organizations

What is the subject of self-regulation in the presented subjects? Despite the non-commercial nature, the main purpose of the organization is entrepreneurial. At the same time, any association operating on an independent basis must form a number of important requirements and rules for the implementation of its functioning. Thus, it is necessary to clearly define the methods of disciplinary action, ensure information transparency, establish a number of prohibitions on illegal activities, etc.

According to Article 5 No. 315 "On Self-Regulatory Organizations", any associations of independent and independent activities must be based on the principle of membership of subjects. At the same time, information about such is subject to entry into the Unified Federal Register on the activities of legal entities and individual entrepreneurs. The register itself must contain the following information:

information about each individual member of an organization of a self-regulatory type;
registration numbering of members;
information on securing property liability, etc.

What exactly self-regulatory organizations should do will be discussed below.

Duties and powers of self-regulatory organizations

Article 6 No. 315-FZ "On Self-Regulatory Organizations" outlines the main functionality of the subjects in question. It is necessary to highlight:

application of lawful in relation to its members;
development and establishment of the principle of membership of subjects of entrepreneurial or other activities in this organization;
analysis of the activities of their representatives;
ensuring information openness;
implementation of control over the qualitative implementation of entrepreneurial or other professional activities;
consideration of complaints against the actions of members of the organization, etc.

Separately, it is worth talking about the powers of the subjects in question, in particular, note the possibility of challenging actions government agencies, taking part in the discussion of projects, making proposals for the modernization of organizational activities, etc.

On the functioning of organizations

Articles 8-24 No. 315-FZ "On Self-Regulatory Organizations" describe the principles of functioning of independent and independent enterprises. Methods of property liability and certain restrictions on the rights of the relevant officials are fixed. Article 16 speaks of the need to convene a membership meeting in a timely manner, and Article 17 speaks of the importance of the activities of a collegial management body.

Despite their independent status, the enterprises in question are under state control. That is why representatives of the executive branch of government have the opportunity to exercise in relation to these associations.

It is also worth highlighting changes in the law. Last revision 315-FZ "On Self-Regulatory Organizations" of 2016 was supplemented by an amendment to Article 5, which refers to the need for members of enterprises to provide information about themselves.

Article 1

Add to part one Civil Code of the Russian Federation (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 1994, N 32, Art. 3301; 2005, N 1, Art. 39; 2006, N 23, Art. 2380; N 50, Art. 5279; 2014, N 26, Art. 3377 ; 2015, N 1, item 52; N 10, item 1412; N 29, item 4342) the following changes:

1) Paragraph 1 of Article 130 shall be supplemented with the following paragraph:

"Immovable things include residential and non-residential premises, as well as those intended for placement Vehicle parts of buildings or structures (parking places), if the boundaries of such premises, parts of buildings or structures are described in accordance with the procedure established by the legislation on state cadastral registration.

2) Item 1 of Article 239 2 after the words "or premises" shall be supplemented with the words "or parking spaces";

3) paragraph 2 of Article 250 shall be stated as follows:

"2. The seller of a share is obliged to notify in writing the other participants in shared ownership of the intention to sell his share to an outside person, indicating the price and other conditions on which he sells it.

If the other participants in shared ownership do not acquire the sold share in the ownership of immovable property within a month, and in the ownership of movable property within ten days from the date of notification, the seller has the right to sell his share to any person. In the event that all other participants in shared ownership in writing refuse to sell priority right purchase of a share being sold, such share may be sold to an outsider earlier than the specified time.

Features of notifying participants in shared ownership of the intention of the seller of a share in the right of common ownership to sell his share to an outsider may be established by federal law.

4) paragraph 1 of Article 317 1 shall be stated as follows:

"1. In cases where a law or an agreement provides that interest is charged on the amount of a monetary obligation for the period of use of funds, the amount of interest is determined by the key rate of the Bank of Russia in force in the relevant periods (legal interest), unless a different amount of interest is established by law or agreement.";

5) paragraph 1 of Article 395 shall be stated as follows:

"1. In cases of unlawful withholding of funds, evasion of their return, or other delay in their payment, interest on the amount of the debt is subject to payment. The amount of interest is determined by the key rate of the Bank of Russia that was in force in the relevant periods. These rules are applied unless a different amount of interest is established law or contract.

Article 2

Include in the Federal Law of July 16, 1998 N 102-FZ "On Mortgage (Pledge of Real Estate)" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 1998, N 29, Art. 3400; 2002, N 7, Art. 629; 2004, N 27, 2711; N 45, item 4377; 2005, N 1, item 40, 42; 2006, N 52, item 5498; 2007, N 50, item 6237; 2008, N 52, item 6219; 2009 , N 29, item 3603; 2010, N 25, item 3070; 2011, N 27, item 3880; N 50, item 7347) the following changes:

1) Paragraph 1 of Article 5 shall be supplemented with subparagraph 6 of the following content:

"6) parking spaces.";

2) in paragraph 5 of Article 20:

a) the first paragraph after the words "non-residential premises" shall be supplemented with the words "and parking places";

b) the third paragraph after the words "non-residential premises" shall be supplemented with the words "and parking spaces";

3) part one of Article 69 1 after the words "non-residential premises," add the word "parking place,".

Article 3

Include in the Federal Law of August 8, 2001 N 129-FZ "On State Registration of Legal Entities and Individual Entrepreneurs" (Collected Legislation of the Russian Federation, 2001, N 33, Art. 3431; 2003, N 26, Art. 2565; N 50, 4855; N 52, item 5037; 2008, N 30, item 3616; 2010, N 31, item 4196; 2011, N 27, item 3880; N 49, item 7061; 2013, N 30, 4084; N 44, item 5633; 2015, N 13, item 1811; N 27, item 4000) the following changes:

1) Paragraph one of Clause 9 of Article 6 after the word "self-government," shall be supplemented with the words "To the Bank of Russia,";

2) paragraph 2 of Article 7 after the words " off-budget funds," add the words "To the Bank of Russia,".

Article 4

Contribute to Urban planning code of the Russian Federation (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2005, N 1, item 16; 2006, N 1, item 21; N 52, item 5498; 2008, N 29, item 3418; N 30, item 3604, 3616 ; 2009, N 48, item 5711; 2010, N 48, item 6246; 2011, N 13, item 1688; N 17, item 2310; N 27, item 3880; N 30, item 4563, 4572 , 4591, 4594; N 49, item 7015, 7042; 2012, N 31, item 4322; N 53, item 7614, 7619, 7643; 2013, N 9, item 873; N 14, item 1651; No. 43, article 5452; No. 52, article 6983; 2014, No. 14, article 1557; No. 19, article 2336; No. 26, article 3377; No. 43, article 5799; No. 48, article 6640 ; 2015, N 1, items 9, 11, 86; N 29, item 4342; N 48, item 6705; 2016, N 1, item 79) the following changes:

1) in article 1:

a) in paragraph 21 the words ", buildings, structures or structures" and the words "or the owner of the relevant part of the building, structure or structure" shall be deleted;

b) add paragraph 29 with the following content:

"29) parking place - an individually defined part of a building or structure intended exclusively for the placement of a vehicle, which is not limited or partially limited by a building or other enclosing structure and the boundaries of which are described in the manner established by the legislation on state cadastral registration.";

2) Clause 6 2 of Part 7 of Article 51 after the word "premises" shall be supplemented with the words "and parking spaces".

Article 5

Include in the Federal Law of July 13, 2015 N 218-FZ "On State Registration of Real Estate" (Collected Legislation of the Russian Federation, 2015, N 29, Art. 4344; 2016, N 18, Art. 2495; N 23, Art. 3296) the following changes:

1) part 7 of article 1 after the word "premises," add the word "parking places,";

2) in Article 8:

a) in Part 2 the words "structures and premises" shall be replaced by the words "structures, premises and parking spaces";

b) in part 4:

point 1 after the word "room," add the word "parking place,";

Item 6 after the word "premises," shall be supplemented with the word "parking places,";

in paragraph 9 the words "building or premises" shall be replaced by the words "building, premises or parking place";

Item 15 shall be supplemented with the words "or parking place";

Paragraph 19 shall be amended as follows:

"19) information that the premises, in accordance with the documents provided for by the legislation on urban planning, including project documentation, is intended to serve all other premises and (or) parking spaces in the building, structure (hereinafter referred to as the premises for auxiliary use) or such premise refers to common property in an apartment building, if the property is a premise;";

3) Clause 4 of Part 5 of Article 14 after the word "premises" shall be supplemented with the words "and parking spaces";

4) in Part 1 of Article 23, after the word "premises" add the word ", parking spaces", the words "it was located" to replace the words "they were located", after the word "premises" add the words "or such parking place";

5) in Article 24:

"1. The technical plan is a document that reproduces certain information entered in the Unified State Register of Real Estate, and indicates information about a building, structure, premises, parking space or about an object of construction in progress, necessary for the state cadastral registration of such a real estate object, as well as information about a part or parts of a building, structure, premises, or new information necessary for entering into the Unified State Register of Real Estate about real estate objects that have been assigned cadastral numbers.

b) in part 2:

point 1 after the word "premises" shall be supplemented with the word "parking place";

paragraph 3 after the word "premises" shall be supplemented with the word "parking place";

c) part 4 after the words " technical plan premises" shall be supplemented with the word ", parking spaces", the words "such premises" shall be replaced by the words "such premises, parking spaces";

d) add part 6 1 of the following content:

"6 1. The location of the parking space is established by graphical display on the floor plan or part of the floor of a building or structure (if the building or structure has no number of storeys - on the plan of the building or structure) of a geometric figure corresponding to the boundaries of the parking place.";

e) add part 6 2 of the following content:

"6 2. The boundaries of the parking space are determined by the design documentation of the building, structure and are marked or fixed by the person carrying out the construction or operation of the building, structure, or the owner of the right to the parking place, including by applying markings to the surface of the floor or roof (paint, using stickers or other methods).The boundaries of the parking space on the floor (in the absence of number of storeys - in the building or structure) are established or restored by determining the distance from at least two points that are in direct line of sight and fixed with long-term special marks on the inner surface of building structures floor (walls, partitions, columns, on the floor surface (hereinafter referred to as special marks), to the characteristic points of the boundaries of the parking space (points of dividing the boundaries into parts), as well as the distances between the characteristic points of the boundaries of the parking space. The area of the parking space within established boundaries must correspond to the minimum and (or) maximum allowable size of the parking space, established by the body of regulatory and legal regulation. ";

f) add part 6 3 of the following content:

"6 3. At the request of the customer of cadastral work, the coordinates of special marks can be additionally determined. At the request of the holder of the right to a parking space, the characteristic points of the boundaries of the parking place can be additionally fixed with special marks on the floor surface.";

g) add part 7 1 of the following content:

"7 1. If, at the request of the customer of cadastral works, the location of the parking space was established by determining the coordinates of one or more characteristic points of the boundaries of the premises or the location of the boundaries of the parking space was established by additionally determining the coordinates of special marks, in the technical plan of the premises or parking space information is also provided on the geodetic basis used in the preparation of the technical plan, including points of state geodetic networks or reference boundary networks.";

h) Part 10 shall be stated as follows:

"10. Information about the premises or parking place, with the exception of information about the area of the room or parking place and their location within the floor of the building or structure, or within the building or structure, or within the corresponding part of the building or structure, are indicated in technical plan, on the basis of the cadastral works submitted by the customer, permission to put the building or structure in which the premises or parking place is located into operation, project documentation buildings or structures in which the premises or parking space are located, the redevelopment project and the act acceptance committee, confirming the completion of redevelopment.";

i) in Part 13 the words "structures or premises" shall be replaced by the words "structures, premises or parking spaces";

j) Part 14 after the word "premises" shall be supplemented with the words "and parking spaces";

6) in paragraph 1 of Article 26:

a) Paragraph 34 shall be supplemented with the words "(except for parking spaces)";

b) clause 40 after the words "by the owner of the premises" shall be supplemented with the words "or parking places";

c) add paragraph 52 with the following content:

"52) the boundaries of the parking space in respect of which the application is submitted, in accordance with the information of the Unified State Register of Real Estate, partially or completely coincide with the boundaries of another premises or another parking space (except if the other premises or other parking space is a convertible real estate);";

d) add paragraph 53 with the following content:

"53) the area of the generated parking space or parking space, which, as a result of the transformation, remains within the changed boundaries, will not comply with the requirements established by the regulatory body for the minimum and (or) maximum allowable dimensions of the parking space.";

7) Part 10 of Article 32 after the word "premises" shall be supplemented with the word "parking places";

8) in Article 40:

a) add part 3 1 of the following content:

"3 1. With the simultaneous implementation of state cadastral registration and state registration of ownership of the created building, structure, state cadastral registration of all parking spaces in such a building, structure may be carried out if the applicant submits a technical plan of the building, structure containing information necessary for the state State cadastral registration of all parking spaces in a building, structure is also carried out upon submission of an application by the owner of the building or structure, the ownership of which is registered in the Unified State Register of Real Estate, and the technical plan of the building, structure containing the information required for the state cadastral registration of the indicated parking spaces.";

b) part 4 shall be supplemented with the words "as well as parking spaces located in such an apartment building";

c) Part 6 after the word "premises" shall be supplemented with the word "parking spaces";

d) Part 7 after the words "for all premises" shall be supplemented with the words "and parking spaces";

e) Part 8 after the words "or all premises" shall be supplemented with the words "or parking spaces";

9) in Article 41:

a) part 1 shall be stated in the following wording:

"1. In the event of the formation of two or more real estate objects as a result of the division of a real estate object, the combination of real estate objects, redevelopment of premises, changes in the boundaries between adjacent premises as a result of redevelopment or changes in the boundaries of adjacent parking spaces, state cadastral registration and state registration of rights are carried out simultaneously in relation to all formed real estate.";

b) add part 1 1 of the following content:

"1 1. When dividing parking spaces or changing the boundaries between adjacent parking spaces, it is not allowed to form a parking space with an area that does not meet the requirements for the minimum and (or) maximum allowable sizes of a parking space established by the regulatory body.";

c) Part 5 after the word "premises" shall be supplemented with the words "or parking spaces", after the word "premises" shall be supplemented with the words "or parking spaces";

d) Part 6 after the word "premises" shall be supplemented with the words "and parking places";

10) article 42:

a) add part 4 1 of the following content:

"4 1. In the event that the number of participants in shared ownership of real estate exceeds twenty, instead of notifying the other participants in shared ownership in writing, the seller of a share in the right of common ownership of the intention to sell his share to an outsider may place a notice about this on the official website. This rule does not apply to notices of the sale of a share in the right of common ownership of residential premises.

b) add part 4 2 of the following content:

"4 2. In the case specified in part 4 1 of this article, the application for state registration of rights must indicate that the notification of participants in common shared ownership was carried out in the manner established in part 4 1 of this article. Notice of intent to sell a share in the right to common ownership of real estate is subject to placement by the seller on the official website without charging a fee.Notice of the intention to sell a share in the right of common ownership of real estate must contain the type of property, the cadastral number of the property, the share in the right to which is being sold, the address of the property (if availability) or other description of the location of the property (in the absence of an address), an indication of the price at which the share is sold, the surname, name, patronymic of the seller of the share (for individual) or name (for legal entity), the address Email and (or) the postal address at which communication with the share seller is carried out. The procedure for posting a notice of intent to sell a share in the right of common ownership of real estate on the official website is established by the regulatory body.";

11) Clause 3 of Part 2 of Article 48 after the words "non-residential premises" shall be supplemented with the word "parking places", shall be supplemented with the words "and parking spaces";

12) in part 1 of article 51, the third sentence shall be amended as follows: "In the case of leasing with a plurality of persons on the side of the tenant of a land plot occupied by a building, structure, which belong to several persons or premises or parking spaces in which belong to several persons, an application for state registration of a lease agreement for such a land plot may be filed by one of the persons acting on the side of the tenant, or the landlord.";

13) Part 9 of Article 53 after the words "non-residential premises" shall be supplemented with the words "or parking spaces";

14) in Article 71:

a) the name after the word "premises," shall be supplemented with the word "parking places,";

b) in Part 3, after the word "premises," add the word "parking place," the words "about its location" to replace the words "about the location of such real estate objects", after the word "premises," add the word "parking places, ", add the words "or parking place";

c) part 4 after the word "premises" shall be supplemented with the word ", parking place", after the word "premises" shall be supplemented with the word ", parking places";

d) Part 5 after the word "premises" shall be supplemented with the word "parking place", after the word "premises" shall be supplemented with the words "or parking spaces".

Article 6

1. A real estate object that meets the requirements and characteristics of a parking space (regardless of its compliance with the established minimum and (or) maximum allowable sizes of parking spaces) and the rights to which were registered before the date of entry into force of this Federal Law is recognized as a parking space . It is not required to replace previously issued documents or make changes to them, make changes to the records of the Unified State Register of Real Estate in relation to the property specified in this part. Documents received before the date of entry into force of this Federal Law, which certify the ownership of real estate objects and in which a parking place is indicated as a type of real estate object, retain their legal force and do not require re-issuance. The boundaries of the real estate object specified in this part are recognized as the boundaries of a parking space, regardless of whether their description meets the requirements established by Federal Law No. 218-FZ of July 13, 2015 "On State Registration of Real Estate" (as amended by this Federal Law).

2. The right holder of the real estate object specified in part 1 of this article shall have the right to submit to the executive authority maintaining the Unified State Real Estate Register an application for accounting for changes in the information of the Unified State Real Estate Register in terms of bringing the type of real estate object in line with the requirements of Federal Law dated 13 July 2015 N 218-FZ "On State Registration of Real Estate" (as amended by this Federal Law), the form of which is approved by the federal executive body authorized to exercise the functions of legal regulation in the field of maintaining the Unified State Register of Real Estate, the implementation of state cadastral registration real estate, state registration of rights to real estate and transactions with it, provision of information contained in the Unified State Register of Real Estate.

3. In the event that before the date of entry into force of this Federal Law, shares in the right of common ownership of premises, buildings or structures intended for the placement of vehicles were registered in the Unified State Register of Rights to Real Estate and Transactions Therewith, each participant in the common share of property is entitled to allocate in kind its share by determining the boundaries of the parking space in accordance with the requirements of the Federal Law of July 13, 2015 N 218-FZ "On State Registration of Real Estate" (as amended by this Federal Law), as well as register the ownership of the -place. For the allotment in kind of a share in the right of common shared ownership of the premises and registration of ownership of the parking space, the consent of other participants in shared ownership is not required if the participant in common shared ownership submits to the body exercising state registration rights, an agreement of all co-owners or a decision of the general meeting that determines the procedure for the use of immovable property that is in common shared ownership.

4. Until the right of common shared ownership of the premises is terminated, the owner of the parking space formed in accordance with paragraph 3 of this article has the right to use the property remaining after the allocation of the parking space and necessary for the passage or passage to the parking space, and bears the burden of maintenance such property in the amount that existed before the allotment of the parking space, in the manner prescribed by the legislation of the Russian Federation.

5. The common shared ownership of the premises, within the boundaries of which the objects formed in accordance with paragraph 3 of this article are located, shall be terminated from the day the share is allotted in kind by the last participant in shared ownership and registration of ownership of the parking place by him. The property remaining after the allocation of shares from the common ownership of premises, buildings or structures intended for the placement of vehicles, as well as registration of rights to parking spaces and necessary for passage or passage to parking spaces, is the common property of the owners of the premises and (or) car places.

Article 7

1. This Federal Law shall enter into force on January 1, 2017, with the exception of paragraphs 4 and 5 of Article 1 and Article 3 of this Federal Law.

2. Clauses 4 and 5 of Article 1 and Article 3 of this Federal Law shall enter into force on August 1, 2016.

President of Russian Federation

Article 13 of the 315th Self-Regulation Law. President of Russian Federation

No. 148-FZ, Part 2, Article 1 of this Federal Law has been amended

Federal Law No. 148-FZ of July 22, 2008 amended Part 3 Article 2 of this Federal Law

No. 148-FZ Article 3 of this Federal Law has been amended

Article 3. Self-regulatory organizations

Federal Law of July 22, 2008 No. No. 148-FZ Article 4 of this Federal Law has been amended

Article 4. Subject of self-regulation, standards and rules of self-regulatory organizations

Federal Law of July 22, 2008 No. No. 148-FZ Part 2 of Article 5 of this Federal Law has been amended

Article 5 self-regulatory organizations

Federal Law of July 22, 2008 No. No. 148-FZ Article 6 of this Federal Law has been amended

Article 6. Basic functions, rights and obligations of a self-regulatory organization

Federal Law of July 22, 2008 No. No. 148-FZ Article 7 of this Federal Law has been amended

Article 7

Federal Law of July 22, 2008 No. No. 148-FZ Article 8 of this Federal Law has been amended

Article 8. Interested parties. Conflict of interest

Federal Law of July 22, 2008 No. No. 148-FZ Article 9 of this Federal Law has been amended

Article 9. Control of the self-regulatory organization over the activities of its members

Federal Law of July 22, 2008 No. No. 148-FZ Article 12 of this Federal Law has been amended

Article 12. Sources of formation of property of self-regulatory organizations

Federal Law of July 22, 2008 No. No. 148-FZ Article 13 of this Federal Law has been amended

Article 13

Federal Law of July 22, 2008 No. No. 148-FZ Part 6 of Article 14 of this Federal Law has been amended

Article 14 officials and other employees

Federal Law of July 22, 2008 No. No. 148-FZ Article 16 of this Federal Law has been amended

Article 16

Federal Law of July 22, 2008 No. No. 148-FZ Article 17 of this Federal Law has been amended

Article 17

Federal Law of July 22, 2008 No. No. 148-FZ

Article 20. Maintenance of the state register of self-regulatory organizations

The Federal Law of April 28, 2009 amended Part 1 of Article 20 of this Federal Law

Federal Law No. 160-FZ of July 23, 2008 amended Part 3 of Article 20 of this Federal Law. The amendments shall enter into force on January 1, 2009.

Federal Law of July 22, 2008 No. No. 148-FZ Part 4 of Article 21 of this Federal Law has been amended

Article 21

Federal Law of July 22, 2008 No. No. 148-FZ Article 20 of this Federal Law has been amended

Article 22. Interaction between self-regulatory organizations and authorized federal executive bodies

Federal Law of July 22, 2008 No. No. 148-FZ Article 24 of this Federal Law has been amended

Article 24. Participation of self-regulatory organizations in non-profit organizations

THE RUSSIAN FEDERATION

THE FEDERAL LAW

ABOUT SELF-REGULATORY ORGANIZATIONS

Article 1. Subject of regulation and scope of this Federal Law

Article 2. The concept of self-regulation

Article 3. Self-regulatory organizations

Article 4. Subject of self-regulation, standards and rules of self-regulatory organizations

Article 5. Membership of business or professional entities in self-regulatory organizations

Article 6. Basic functions, rights and obligations of a self-regulatory organization

Article 7

Article 8. Interested parties. Conflict of interest

Article 9. Control of the self-regulatory organization over the activities of its members

What is self-regulation?

Rules of self-regulatory organizations

Duties and powers of self-regulatory organizations

On the functioning of organizations

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