Article 5 of Federal Law 315 on self-regulatory organizations. 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 uniting subjects of business or professional activities, the interaction of self-regulatory organizations and their members, consumers of goods (works, services) produced by them, federal bodies executive power, executive bodies of the constituent entities of the Russian Federation, local government bodies.

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

2. Features of the acquisition, termination of 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 of disciplinary measures by self-regulatory organizations against of its members, as well as the procedure for exercising state control (supervision) over compliance by self-regulatory organizations uniting subjects of business or professional activities of certain types 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 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 constituent entities of the Russian Federation, local government bodies are determined by federal laws regulating the relevant type of activity.

1. Self-regulation is understood as independent and proactive activity that 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 the specified activity, as well as monitoring compliance with the requirements of the specified standards and rules.

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

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

3. For the purposes of this Federal Law, business entities are understood to be individual entrepreneurs and legal entities registered in the prescribed manner and carrying out entrepreneurial activities defined in accordance with the Civil Code of the Russian Federation, and subjects of professional activities are individuals carrying out professional activities regulated in 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 created 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 for the production of goods (work, services) or the market for produced goods (work, services) or uniting subjects of professional activity of a certain type.

2. The unification 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 self-regulatory organization is recognized as a non-profit organization created in accordance with the Civil Code of the Russian Federation and Federal Law No. 7-FZ of January 12, 1996 “On Non-Profit Organizations”, provided that it complies with all the requirements established by this Federal Law. These requirements, in addition to those established in Part 1 of this article, include:

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

2) the presence of standards and rules of entrepreneurial or professional activity 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 produced goods (works, services) and 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 the self-regulatory organization with the requirements of standards and rules of entrepreneurial or professional activity and consider cases of application against members self-regulatory organization of disciplinary measures provided for by the internal documents of the self-regulatory organization.

5. The requirements provided for in paragraphs 1-3 of part 3 of this article and presented to self-regulatory organizations, and the requirements presented to non-profit organizations for recognition as self-regulatory organizations, are mandatory, unless otherwise established by federal law. Federal laws may establish other requirements for non-profit organizations that unite subjects of business or professional activities for recognition as self-regulatory organizations, and may also establish increased requirements 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 the non-profit organization into 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. 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 activities 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 the self-regulatory organization), which are understood as requirements for the implementation of entrepreneurial or professional activities that are mandatory for all members of the self-regulatory organization. Federal laws may establish other requirements, standards and rules, as well as specifics of the content, development and establishment of standards and rules of self-regulatory organizations for certain types of business or professional activities.

3. 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 to declare invalid a normative legal act that does not comply with federal law, the obligation to comply with which is assigned to the members of the self-regulatory organization, including a normative legal act containing something that is not permitted by federal law broad interpretation of its norms in whole or in any part.

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

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 members of the self-regulatory organization, their employees and members of the permanent collegial governing body of the self-regulatory organization.

7. The standards and rules of a self-regulatory organization must establish a ban on members of a self-regulatory organization carrying out activities to the detriment of other subjects of business or professional activity, and must 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.

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

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

1. Membership of business or professional entities in self-regulatory organizations is voluntary.

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

3. An entity engaged in various types of business or professional activities may be a member of several self-regulatory organizations if such self-regulatory organizations unite subjects of business or professional activities of the relevant types.

4. An entity carrying out a certain type of business or professional activity can be a member of only one self-regulatory organization uniting subjects of business or professional activity of this type.

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

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

1. A self-regulatory organization shall perform the following main functions:

1) develops and establishes the conditions for membership of business or professional entities in a self-regulatory organization;

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

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

4) carries out an analysis of 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 established 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 members of a self-regulatory organization in their relations with government bodies of the Russian Federation, government bodies of the constituent entities of the Russian Federation, and local government bodies;

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

7) ensures information openness of the activities of its members, publishes information about these activities in the manner established by this Federal Law and internal documents of the self-regulatory organization;

8) exercises 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 conditions of membership in the self-regulatory organization;

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

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

3. A self-regulatory organization has the right:

1) has become invalid;

2) on its own behalf, challenge, in the manner established by the legislation of the Russian Federation, any acts, decisions and (or) actions (inaction) of government bodies of the Russian Federation, government bodies of 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 posing a threat of such 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, and also send them to the state authorities of the Russian Federation, government authorities of the constituent entities of the Russian Federation and local government bodies, conclusions on the results of independent examinations of draft regulatory legal acts carried out by it;

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

5) request information from government bodies of the Russian Federation, government bodies of 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 restrictions on its rights are 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 does not have the right 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. 148-FZ Article 7 of this Federal Law has been amended

Article 7. Providing access to information by a self-regulatory organization and protecting information from its misuse by a self-regulatory organization

1. A self-regulatory organization, through publication in the 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 members of a self-regulatory organization to consumers of the goods (works, services) produced by them and other persons;

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

7) on decisions made 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 business or professional activities, standards and rules of the self-regulatory organization (if such information is available);

9) about any claims and statements filed by the self-regulatory organization in the courts;

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

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

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

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

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 the self-regulatory organization.

2. A self-regulatory organization submits information to federal executive authorities in the manner established 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 constituting a commercial secret, as well as the emergence of a conflict of interests of a 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 openness of the activities of the self-regulatory organization and its members.

4. Unless otherwise established by federal law, a self-regulatory organization, in accordance with the provisions of Part 1 of this article, independently establishes methods for disclosing information, taking into account that the disclosed information 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 the self-regulatory organization.

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

6. A self-regulatory organization is responsible to its members for the actions of employees of a self-regulatory organization related to the unlawful use of information that has become known to them due to their official position.

7. Members of a self-regulatory organization are required 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. 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 parties mean members of a self-regulatory organization, persons included in 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 specified in Part 1 of this article is understood as 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 is understood as 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 the emergence of a contradiction between such personal interest and legitimate interests self-regulatory organization or the threat of a contradiction that could lead to harm to the legitimate interests of the self-regulatory organization.

4. Stakeholders must respect the interests of the self-regulatory organization, primarily in relation to the goals of its activities, and should not use opportunities related to the performance of their professional duties, or allow the use of such opportunities for purposes contrary to the goals specified in the constituent documents of the non-profit organization.

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

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

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

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

2. The subject of a scheduled inspection is compliance by members of a self-regulatory organization with the requirements of the standards and rules of the self-regulatory organization, and the conditions of membership in the self-regulatory organization. The duration of a scheduled inspection is established by the permanent collegial management 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 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 Part 4 of this article, other grounds for conducting an unscheduled inspection.

6. During an unscheduled inspection, only the facts specified in the complaint or facts subject to verification ordered for other reasons are subject to investigation.

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

8. If a member of a self-regulatory organization is found to have violated the requirements of the standards and rules of the self-regulatory organization, the conditions of membership in the self-regulatory organization, the inspection materials are transferred to the body for considering cases of applying disciplinary measures against members of the self-regulatory organization.

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

10. A self-regulatory organization bears responsibility to its members in the manner established by the legislation of the Russian Federation and the charter of a non-profit organization for unlawful actions of employees of the self-regulatory organization when they exercise control over the activities of members of the self-regulatory organization.

1. The body for considering cases of 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 business or professional activity.

2. The procedure for considering 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 of application of disciplinary measures against members of a self-regulatory organization is obliged to invite to its meetings the persons who sent such complaints, as well as members of the self-regulatory organization in respect of whom cases of application of disciplinary measures are being considered impact.

4. The body for reviewing cases of 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) issuing an order obliging a member of a self-regulatory organization to eliminate identified violations and establishing a deadline for eliminating such violations;

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

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

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

5. The decisions provided for in paragraphs 1-3 and 5 of part 4 of this article are made by a majority vote of the members of the body for considering cases of applying disciplinary measures against members of a self-regulatory organization and come into force from the moment they are adopted by the said body. The decision provided for in paragraph 4 of part 4 of this article may be made by no less than seventy-five percent of the votes of the members of the body for considering cases on the application of disciplinary measures against members of a self-regulatory organization.

6. A self-regulatory organization, within two working days from the date the body for reviewing cases on the application of disciplinary measures against members of a self-regulatory organization makes a decision on the application of disciplinary measures against a member of a 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 the complaint on which such a decision was made.

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

8. The decision of the permanent collegial management body of a self-regulatory organization to exclude a person from members of the self-regulatory organization may be appealed by the person expelled from the membership of the self-regulatory organization to court in the manner prescribed by the legislation of the Russian Federation.

9. Money received by a self-regulatory organization as a result of the imposition of a fine on a member of the 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 a 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 for compensation by a self-regulatory organization for damage caused to it.

Federal Law of July 22, 2008 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 a self-regulatory organization (entrance, membership and targeted 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 of educational services related to entrepreneurial activities, commercial or professional interests of members of a self-regulatory organization;

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

6) income received from placing funds on bank deposits;

7) other sources not prohibited by law.

2. Federal laws may establish restrictions on the 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 the non-profit organization.

4. Maintaining accounting records and financial (accounting) reporting of a self-regulatory organization is subject to mandatory audit.

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

Article 13. Methods of ensuring property liability of members of a self-regulatory organization to consumers of goods (works, services) produced by them and other persons

1. A self-regulatory organization has the right to use the following methods of ensuring the property liability of members of a self-regulatory organization to consumers of the 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 contributions from members of a self-regulatory organization in the amount of no less than three thousand rubles for each member.

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

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

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

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

7. Income received from the placement and investment of funds from the compensation fund is used to replenish the compensation fund and cover expenses associated with ensuring proper conditions for investing funds from the compensation fund.

8. A self-regulatory organization has the right to enter into agreements only with management companies and a specialized depository that are selected based on the results of a competition held in the manner established by the internal documents of the self-regulatory organization.

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

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 the self-regulatory organization, is liable for the obligations of its member arising as a result of harm caused by defects in goods (works, services) produced by the member of the self-regulatory organization.

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

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

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

Article 14. Restrictions on the rights of a self-regulatory organization, its officials and other employees

1. A self-regulatory organization does not have the right to carry out entrepreneurial activities.

2. A self-regulatory organization does not have the right to establish business partnerships and companies carrying out entrepreneurial activities that are the subject of self-regulation for this self-regulatory organization, and to become a participant in such business partnerships and companies.

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

1) provide property belonging to it as collateral to ensure the fulfillment of obligations of other persons;

2) issue guarantees for persons other than their employees;

3) acquire shares, bonds and other securities issued by its members, except for cases where such securities are traded at stock exchanges and (or) with other organizers of trading on the securities market;

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

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

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

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

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

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

3) carry out business activities as an individual entrepreneur 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, and become a participant in such business partnerships and companies.

5. A person performing the functions of the sole executive body of a self-regulatory organization does not have the right to be a member of the management bodies of members of the self-regulatory organization, their subsidiaries and dependent companies, or to 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 circumstances entailing the emergence of a conflict of interest established by Part 3 of this Federal Law, the threat of misuse by employees of a self-regulatory 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 a self-regulatory organization;

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

3) executive body of a self-regulatory organization.

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

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

Article 16. General meeting of members of a self-regulatory organization

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

2. The general meeting of members of a 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. The following issues fall within the competence of the general meeting of members of a self-regulatory organization:

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

2) election of members of a permanent collegial 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 performing 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 a self-regulatory organization of the requirements of the standards and rules of the self-regulatory organization, conditions of membership in the self-regulatory organization;

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

6) approval of the report of the permanent collegial 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, amendments to it, approval of the annual financial statements of the self-regulatory organization;

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

9) making a decision on the reorganization or liquidation of a non-profit organization, appointing a liquidator or liquidation commission;

10) consideration of a complaint from a person expelled from the membership of a self-regulatory organization about the unfoundedness of the decision taken by the permanent collegial management body of the self-regulatory organization on the basis of the recommendation of its case review body to apply disciplinary measures against members of the self-regulatory organization to exclude this person from members of the self-regulatory organization and making a decision on such a complaint;

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

3.1. The issues provided for in 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 the self-regulatory organization.

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

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

Article 17. Permanent collegial governing body of a self-regulatory organization

1. The permanent collegial governing 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 associated with labor relations with a self-regulatory organization or its members. Independent members must make up at least one third of the members of the permanent collegial governing body of a self-regulatory organization. Federal laws may establish other requirements for the number of independent members of a permanent collegial governing body of a self-regulatory organization.

3. An independent member of the permanent collegial management body of a self-regulatory organization must first declare in writing 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 management body of a self-regulatory organization, and the adoption of decisions on them and when in which a conflict arises or may arise between the personal interests of the said 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 the event of a violation by an independent member of a permanent collegial management body of a self-regulatory organization of the obligation to declare a conflict of interest and, in connection with this, harm to the legitimate interests of the self-regulatory organization, which are confirmed by a court decision, the general meeting of members of the self-regulatory organization makes a decision on the early termination of the powers of the independent member.

5. Each member of the permanent collegial governing body of a self-regulatory organization has one vote when voting.

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

7. Unless otherwise established by federal law, the following issues fall within the competence of the permanent collegial management body of a self-regulatory organization:

1) approval of standards and rules of a self-regulatory organization, amendments to them;

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

3) appointment of an audit organization to audit 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 participants in disputes considered on their applications in an arbitration court formed by a self-regulatory organization;

6) making a decision to become a member of a self-regulatory organization or to be excluded from membership of a self-regulatory organization on the grounds provided for by the charter of the self-regulatory organization;

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

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

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

1. The specialized bodies of a self-regulatory organization, which are mandatorily created by a permanent collegial management body of a self-regulatory organization, include:

1) a body that monitors compliance by members of a self-regulatory organization with the requirements of the standards and rules of the self-regulatory organization;

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

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

3. Each specialized body created by the permanent collegial management body of a self-regulatory organization acts on the basis of the relevant regulations approved by the permanent collegial management body of the self-regulatory organization.

4. Specialized bodies of a self-regulatory organization carry out their functions independently.

5. Based on the results of inspections of the activities of members of the self-regulatory organization carried out by the body that monitors 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 of 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 when carrying out their activities of the requirements of the standards and rules of the self-regulatory organization.

6. The body for reviewing cases of application of disciplinary measures against members of a self-regulatory organization sends recommendations on expulsion from members of the self-regulatory organization to the permanent collegial management body of the self-regulatory organization.

7. The procedure for considering cases of 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. 148-FZ

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

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 federal executive body authorized by the Government of the Russian Federation in the event that an authorized federal executive body has not been identified to exercise the functions of 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 that exercises the functions of control (supervision) over the activities of self-regulatory organizations in the established field of activity, the maintenance of the state register of self-regulatory organizations in the relevant field of activity is carried out by this authorized federal body.

Federal Law No. 160-FZ of July 23, 2008 introduced amendments to Part 3 of Article 20 of this Federal Law, which come 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. If there is a discrepancy between records on paper and electronic media, records on paper take precedence.

5. Maintaining the state register of self-regulatory organizations on electronic media is carried out in accordance with unified 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 the state register of self-regulatory organizations is open and publicly available.

By the Federal Law of December 27, 2009, paragraph 7 of Article 20 of this Federal Law is stated in a new wording, which comes into force after one month from the date of official publication of the said Federal Law

7. For entering information into the state register of self-regulatory organizations, a state duty is paid in the amounts 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 is entered into the state register of self-regulatory organizations within seven working days from the date the non-profit organization submits an application to the authorized federal executive body specified in Part 1 or 2 of this article and the following documents:

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

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

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

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

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

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

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

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

9) other documents, the need to submit which to acquire 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 makes a decision to refuse to enter information about a non-profit organization in the state register of self-regulatory organizations.

10. The grounds for a decision to refuse to enter information about a non-profit organization into the state register of self-regulatory organizations are the non-compliance of the non-profit organization with the requirements provided for in Part 3 of Article 3 of this Federal Law or other federal laws for 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 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 into 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 terms for entering into the state register of self-regulatory organizations information about non-profit organizations uniting subjects of entrepreneurial or professional activities, as well as the specifics of the requirements imposed on non-profit organizations in relation to the composition and contents of documents submitted to the authorized federal executive body specified in parts 1 or 2 of this article.

13. Non-profit organizations, information about which is not entered in the prescribed manner in the state register of self-regulatory organizations, do not have the right to use the words “self-regulatory”, “self-regulation” and derivatives of the word “self-regulation” in their name, as well as in carrying out their activities.

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

Article 21. Exclusion of information about a non-profit organization from the state register of self-regulatory organizations

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

1) an application from 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 grounds other than those specified in Part 1 of this article is not allowed.

3. A non-profit organization is considered excluded from the state register of self-regulatory organizations and has ceased to operate as a self-regulatory organization from the date of submission of an application for exclusion of information about the 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, either 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 a statement of such non-compliance to the authorized federal executive body specified in Part 1 or 2 of this Federal Law . This application is submitted in writing to the authorized federal executive body specified in Part 1 or 2 of Article 20 of this Federal Law, indicating the date of occurrence of the basis for excluding information about the non-profit organization from the state register of self-regulatory organizations. A statement of 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 specified period, the self-regulatory organization does not submit to the authorized federal executive body specified in Part 1 or 2 of this Federal Law, evidence of bringing its status or activities into compliance 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. 148-FZ Article 20 of this Federal Law has been amended

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

1. The authorized federal executive body, specified in part 1 or 2 of Article 20 of this Federal Law, sends to the self-regulatory organization information on the results of inspections carried out in the manner and in cases provided for by the legislation of the Russian Federation of the entrepreneurial or professional activities of members of the self-regulatory organization, for with the exception of information on the results of inspections during which no report was drawn up.

2. The authorized federal executive body, specified in Part 1 or 2 of Article 20 of this Federal Law, attracts self-regulatory organizations to participate in the discussion of draft federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of constituent entities of the Russian Federation, state 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 Part 1 or 2 of this Federal Law:

1) standards and rules of the self-regulatory organization, conditions for membership in it in accordance with the subject of self-regulation and changes made to them within seven working days after they were introduced by the permanent collegial governing body of the self-regulatory organization;

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

4. The authorized federal executive body specified in Part 1 or 2 of Article 20 of this Federal Law shall not have the right to:

1) demand from the self-regulatory organization and its members information, the provision 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 to refrain from carrying out lawful actions that are mandatory in accordance with the standards and rules of the self-regulatory organization;

3) demand changes or cancellations of decisions taken by the management bodies of a 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 has the right to apply to the court with a request to exclude information about a non-profit organization from the state register of self-regulatory organizations in the event of a non-compliance of the self-regulatory organization with the requirements provided for in Part 3 of Article 3 of this Federal Law , as well as in the event of violation of other requirements of this Federal Law or the requirements of other federal laws in relation to a self-regulatory organization more than twice during the year, if these violations are not eliminated or are irreparable.

6. If the court makes a decision to exclude information about a non-profit organization from the state register of self-regulatory organizations on the basis of non-compliance of the self-regulatory organization or its activities with the requirements of this Federal Law and other federal laws, the corresponding non-profit organization that had the status of a self-regulatory organization does not have the right to re-apply for entering information about it into the state register of self-regulatory organizations within one year from the date of entry into force of the decision to exclude information about a 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 the manner established by federal laws.

Federal Law of July 22, 2008 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 can be created by them according to 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 made by the general meeting of members of the self-regulatory organization in the manner established by its charter.

4. Members of an association (union) of self-regulatory organizations may transfer to the association (union) the rights 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 arbitration, for professional 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 fully apply to the 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 (work, 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

Article 1

Introduce into part one of the Civil Code of the Russian Federation (Collected Legislation of the Russian Federation, 1994, No. 32, Art. 3301; 2005, No. 1, Art. 39; 2006, No. 23, Art. 2380; N 50, Art. 5279; 2014, N 26, Art. 3377; 2015, N 1, Art. 52; N 10, Art. 1412; N 29, Art. 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 parts of buildings or structures (parking spaces) intended to accommodate vehicles, if the boundaries of such premises, parts of buildings or structures are described in the manner established by the legislation on state cadastral registration.”;

2) paragraph 1 of Article 239 2, after the words “or premises”, add 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 his intention to sell his share to an outsider, indicating the price and other conditions under which he sells it.

If the remaining participants in shared ownership do not acquire the sold share in the right of ownership of real estate within a month, and in the right of ownership of movable property within ten days from the date of notification, the seller has the right to sell his share to any person. If all other participants in shared ownership refuse in writing to exercise the pre-emptive right to purchase the share being sold, such share may be sold to an outsider earlier than the specified deadlines.

The specifics 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 the law or agreement stipulates that interest is subject to accrual 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 effect during 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 in force during the relevant periods. These rules apply unless a different amount of interest is established law or contract."

Article 2

Introduce into the Federal Law of July 16, 1998 N 102-FZ “On Mortgage (Pledge of Real Estate)” (Collection of Legislation of the Russian Federation, 1998, N 29, Art. 3400; 2002, N 7, Art. 629; 2004, N 27, Art. 2711; N 45, Art. 4377; 2005, N 1, Art. 40, 42; 2006, N 52, Art. 5498; 2007, N 50, Art. 6237; 2008, N 52, Art. 6219; 2009 , N 29, Art. 3603; 2010, N 25, Art. 3070; 2011, N 27, Art. 3880; N 50, Art. 7347) the following changes:

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

"6) parking spaces.";

2) in paragraph 5 of Article 20:

a) the first paragraph after the words “non-residential premises” is supplemented with the words “and parking spaces”;

b) paragraph three after the words “non-residential premises” should be supplemented with the words “and parking spaces”;

3) part one of Article 69 1 after the words “non-residential premises,” add the word “car space.”

Article 3

Introduce into 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, Art. 4855; N 52, Art. 5037; 2008, N 30, Art. 3616; 2010, N 31, Art. 4196; 2011, N 27, Art. 3880; N 49, Art. 7061; 2013, N 30, Art. 4084; N 44, Art. 5633; 2015, N 13, Art. 1811; N 27, Art. 4000) the following changes:

1) paragraph one of paragraph 9 of Article 6 after the word “self-government,” add the words “To the Bank of Russia,”;

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

Article 4

Introduce into the Town Planning Code of the Russian Federation (Collected Legislation of the Russian Federation, 2005, N 1, Art. 16; 2006, N 1, Art. 21; N 52, Art. 5498; 2008, N 29, Art. 3418; N 30, Art. 3604, 3616; 2009, N 48, art. 5711; 2010, N 48, art. 6246; 2011, N 13, art. 1688; N 17, art. 2310; N 27, art. 3880; N 30, art. 4563, 4572, 4591, 4594; N 49, Article 7015, 7042; 2012, N 31, Article 4322; N 53, Article 7614, 7619, 7643; 2013, N 9, Article 873; N 14, Art. 1651; N 43, Art. 5452; N 52, Art. 6983; 2014, N 14, Art. 1557; N 19, Art. 2336; N 26, Art. 3377; N 43, Art. 5799; N 48 , Art. 6640; 2015, N 1, Art. 9, 11, 86; N 29, Art. 4342; N 48, Art. 6705; 2016, N 1, Art. 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” should be deleted;

b) add paragraph 29 with the following content:

"29) parking space - an individually defined part of a building or structure intended exclusively for placing 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”, add the words “and parking spaces”.

Article 5

Introduce into 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 “car spaces,”;

2) in article 8:

a) in part 2, the words “structures and premises” should be replaced with the words “structures, premises and parking spaces”;

b) in part 4:

paragraph 1, after the word “premises,” add the word “car space,”;

paragraph 6 after the word “premises,” add the word “car spaces,”;

in paragraph 9, replace the words “building or premises” with the words “building, premises or parking space”;

paragraph 15 should be supplemented with the words “or parking space”;

paragraph 19 should be stated as follows:

"19) information that the premises, in accordance with the documents provided for by the legislation on urban planning, including design documentation, are 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 premises relate to common use property in an apartment building, if the property is a premises;";

3) paragraph 4 of part 5 of Article 14 after the word “premises” is supplemented with the words “and parking spaces”;

4) in Part 1 of Article 23, after the word “premises”, add the word “, parking spaces”, replace the words “it was located” with the words “they were located”, after the word “premises” add the words “or such a parking space”;

5) in article 24:

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

b) in part 2:

paragraph 1, after the word “premises”, add the word “, parking place”;

paragraph 3, after the word “premises”, add the word “car space”;

c) part 4 after the words “technical plan of the premises” is added with the word “, parking spaces”, the words “such premises” are replaced with the words “such premises, parking spaces”;

d) add part 6 1 with the following content:

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

e) add part 6 2 as follows:

"6 2. The boundaries of the parking space are determined by the design documentation of the building, structure and are designated or secured by the person carrying out the construction or operation of the building, structure, or the holder of the right to the parking space, including by applying markings to the surface of the floor or roof (paint, using stickers or other methods).The boundaries of a parking space on a floor (in the absence of a number of storeys - in a building or structure) are established or restored by determining the distance from at least two points that are in direct visibility and fixed with long-term special marks on the internal 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 the established boundaries must correspond to the minimum and (or) maximum permissible dimensions of the parking space established by the regulatory authority.";

f) add part 6 3 with 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 owner of the right to a parking space, characteristic points of the boundaries of the parking space can be additionally fixed with special marks on the floor surface.";

g) add part 7 1 with the following content:

"7 1. If, at the request of the customer of cadastral work, 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 should be stated as follows:

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

i) in part 13 the words “structures or premises” should be replaced with the words “structures, premises or parking spaces”;

j) part 14 after the word “premises” is supplemented with the words “and parking spaces”;

6) in part 1 of article 26:

a) paragraph 34 should be supplemented with the words “(except for parking spaces)”;

b) clause 40 after the words “by the owner of the premises”, add the words “or parking spaces”;

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 other parking space (except for cases where the other premises or other parking space is convertible real estate object);";

d) add paragraph 53 with the following content:

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

7) Part 10 of Article 32 after the word “premises” is supplemented with the word “car spaces”;

8) in article 40:

a) add part 3 1 with 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 cadastral registration of the specified parking spaces. 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 necessary for state cadastral registration of the specified parking spaces.";

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

c) part 6, after the word “premises”, add the word “car spaces”;

d) part 7, after the words “for all premises”, add the words “and parking spaces”;

e) part 8 after the words “or all premises” is supplemented with the words “or parking spaces”;

9) in article 41:

a) part 1 should be stated as follows:

"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 merger 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 created real estate objects.";

b) add part 1 1 with the following content:

"1 1. When dividing parking spaces or changing the boundaries between adjacent parking spaces, the formation of a parking space with an area that does not comply with the requirements for the minimum and (or) maximum permissible dimensions of a parking space established by the regulatory body is not allowed.";

c) part 5, after the word “premises”, add the words “or parking spaces”, after the word “premises” add the words “or parking spaces”;

d) part 6 after the word “premises” is supplemented with the words “and parking spaces”;

10) Article 42:

a) add part 4 1 with the following content:

"4 1. If the number of participants in shared ownership of real estate exceeds twenty, instead of notifying in writing the remaining participants in shared ownership by the seller of a share in the right of common ownership of the intention to sell his share to an outsider, a notice of this may be posted on the official website. This rule does not apply to notices of the sale of a share in the common ownership of residential premises.";

b) add part 4 2 with 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. Notification of the intention to sell a share in the right of common ownership of real estate is subject to placement by the seller on the official website without charging a fee.The notice of intention to sell a share in the right of common ownership of real estate must contain the type of real estate, the cadastral number of the real estate, the share in the right to which is being sold, the address of the real estate (if it 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, surname, first name, patronymic of the seller of the share (for an individual) or name (for a legal entity), email and (or) postal address the address at which communication with the seller of the share is carried out. The procedure for posting a notice of intention to sell a share in the right of common ownership of real estate on the official website is established by the regulatory authority.";

11) paragraph 3 of part 2 of Article 48 after the words “non-residential premises,” add the word “car spaces,” and add the words “and parking spaces”;

12) in part 1 of Article 51, the third sentence should be stated as follows: “In the case of the lease of a land plot occupied by a building, structure that belongs to several persons or premises or parking spaces in which belong to several persons on the lessee’s side, with a plurality of persons, An application for state registration of a lease agreement for such a land plot may be submitted by one of the persons acting on the side of the tenant or the lessor.";

13) part 9 of Article 53 after the words “non-residential premises” should be supplemented with the words “or parking spaces”;

14) in article 71:

a) the name after the word “premises” should be supplemented with the word “car spaces”;

b) in part 3, after the word “premises,” add the word “car space,” the words “about its location” are replaced with the words “about the location of such real estate objects,” after the word “premises,” add the word “car spaces, ", add the words "or parking space";

c) part 4, after the word “premises”, add the word “, parking place”, after the word “premises” add the word “, parking place”;

d) part 5, after the word “premises”, add the word “, parking place”, after the word “premises” add the words “or parking spaces”.

Article 6

1. A property that meets the requirements and characteristics of a parking space (regardless of its compliance with the established minimum and (or) maximum permissible sizes of parking spaces) and the rights to which were registered before the entry into force of this Federal Law is recognized as a parking space . There is no requirement to replace previously issued documents or make changes to them, or to 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 entry into force of this Federal Law that certify ownership of real estate objects and in which a parking space is indicated as the type of real estate object, retain their legal force and do not require re-registration. The boundaries of the property 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 copyright holder of a real estate property specified in Part 1 of this article has the right to submit to the executive body maintaining the Unified State Register of Real Estate an application to take into account changes in the information of the Unified State Register of Real Estate in terms of bringing the type of real estate object into compliance 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 carry out functions on legal regulation in the field of maintaining the Unified State Register of Real Estate, carrying out 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. If, before the entry into force of this Federal Law, shares in the right of common ownership of premises, buildings or structures intended to accommodate vehicles were registered in the Unified State Register of Rights to Real Estate and Transactions with It, each participant in the common share property has the right to allocate in kind its share by defining the boundaries of a parking space in accordance with the requirements of 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 ownership of a car -place. For the allocation in kind of a share in the right of common shared ownership of premises and registration of ownership of a parking space, the consent of other participants in shared ownership is not required if the participant in common shared ownership submits to the body carrying out state registration of rights an agreement of all co-owners or a decision of the general meeting, determining the procedure for using real estate that is in common shared ownership.

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

5. Common shared ownership of the premises, within the boundaries of which the objects formed in accordance with Part 3 of this article are located, terminates from the day the last participant in the shared ownership allocates the share in kind and registers the right of ownership of the parking space. The property remaining after the allocation of shares from the common ownership of premises, buildings or structures intended to accommodate vehicles, as well as registration of rights to parking spaces and necessary for passage or travel to parking spaces, is the common property of the owners of the premises and (or) parking spaces

Article 7

1. This Federal Law comes 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 come into force on August 1, 2016.

President of Russian Federation

3. This Federal Law does not apply to self-regulatory organizations in the financial market, uniting legal entities and individual entrepreneurs operating as brokers, dealers, managers, depositories, registrars, joint-stock investment funds and management companies of investment funds, mutual investment funds and non-state pension funds funds, specialized depositories, non-state pension funds, insurance organizations, insurance brokers, mutual insurance societies, microfinance organizations, credit consumer cooperatives, housing savings cooperatives, agricultural credit consumer cooperatives, forex dealers, as well as self-regulatory organizations of credit organizations, credit history bureaus . Relations arising in connection with the acquisition or termination of the status of self-regulatory organizations specified in this part, their activities, supervision of self-regulatory organizations, as well as in connection with the interaction between self-regulatory organizations and their members, clients of members of self-regulatory organizations, federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local governments, the Central Bank of the Russian Federation (Bank of Russia), are regulated by the Federal Law of July 13, 2015 N 223-FZ “On Self-Regulatory Organizations in the Financial Market” and federal laws regulating the corresponding type of activity. (as amended by Federal Law dated July 3, 2016 N 292-FZ)

Article 2. The concept of self-regulation

1. Self-regulation is understood as independent and proactive activity that 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 the specified activity, as well as monitoring compliance with the requirements of the specified standards and rules.

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

3. For the purposes of this Federal Law, business entities are understood to be individual entrepreneurs and legal entities registered in the prescribed manner and carrying out entrepreneurial activities determined in accordance with the Civil Code of the Russian Federation, and subjects of professional activities are individuals carrying out 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

1. Self-regulatory organizations are non-profit organizations created 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 for the production of goods (work, services) or the market for produced goods (work, services) or uniting subjects of professional activity of a certain type. (as amended by Federal Law No. 148-FZ of July 22, 2008)

2. The unification 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 self-regulatory organization is recognized as a non-profit organization created in accordance with the Civil Code of the Russian Federation and Federal Law No. 7-FZ of January 12, 1996 “On Non-Profit Organizations”, provided that it meets all the requirements established by this Federal Law. These requirements, in addition to those established in Part 1 of this article, include: (as amended by Federal Law No. 148-FZ of July 22, 2008)

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

2) the presence of standards and rules of entrepreneurial or professional activity 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 produced goods (works, services) and other persons in accordance with this Federal Law. (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 standards and rules of entrepreneurial or professional activity and consider cases of application against 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 in paragraphs 1-3 of part 3 of this article and presented to self-regulatory organizations, and the requirements presented to non-profit organizations for recognition as self-regulatory organizations, are mandatory, unless otherwise established by federal law. Federal laws may establish other requirements for non-profit organizations that unite subjects of business or professional activities for recognition as self-regulatory organizations, and may also establish increased requirements 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 into 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. (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 activities 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 the self-regulatory organization), which are understood as requirements for the implementation of entrepreneurial or professional activities that are mandatory for all members of the 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. (as amended by Federal Law No. 148-FZ of July 22, 2008)

3. 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 to declare invalid a normative legal act that does not comply with federal law, the obligation to comply with which is assigned to the members of the self-regulatory organization, including a normative legal act containing something that is not permitted by federal law broad interpretation of its norms in whole or in any part.

5. A self-regulatory organization must establish disciplinary measures against members of a self-regulatory organization for violating the requirements of the standards and rules of a self-regulatory organization, as well as ensure information openness of the activities of members of a self-regulatory organization affecting the rights and legitimate interests of any persons. (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 members of the self-regulatory organization, their employees and members of the permanent collegial governing body of the self-regulatory organization.

7. The standards and rules of a self-regulatory organization must establish a ban on members of a self-regulatory organization carrying out activities to the detriment of other subjects of business or professional activity, and must 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 business or professional entities in self-regulatory organizations is voluntary.

2. Federal laws may provide for cases of mandatory membership of subjects of business or professional activities in self-regulatory organizations. (as amended by Federal Law No. 148-FZ of July 22, 2008)

3. An entity engaged in various types of business or professional activities may be a member of several self-regulatory organizations if such self-regulatory organizations unite subjects of business or professional activities of the relevant types.

4. An entity carrying out a certain type of business or professional activity can be a member of only one self-regulatory organization uniting subjects of business or professional activity of this type.

5. Information on membership in a self-regulatory organization (joining members, termination of membership) is subject to entry by the member of the self-regulatory organization into the Unified Federal Register of information on the facts of the activities of legal entities indicating the name (last name, first name and, if any, patronymic) of the member of the self-regulatory organization, his identifiers (taxpayer identification number, main state registration number for legal entities, insurance number of an individual personal account and, if available, taxpayer identification number for individuals), contact address for contacting a member of a self-regulatory organization, name of a self-regulatory organization, its identifiers (identification number taxpayer, main state registration number), types of activities that can be carried out in connection with membership in such a self-regulatory organization. (as amended by Federal Law dated July 3, 2016 N 360-FZ)

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

1. A self-regulatory organization shall perform the following main functions:

1) develops and establishes the conditions for membership of business or professional entities in a self-regulatory organization; (as amended by Federal Law No. 148-FZ of July 22, 2008)

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

3) the clause is no longer valid. (as amended by Federal Law dated December 29, 2015 N 409-FZ)

4) carries out an analysis of 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 established 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; (as amended by Federal Law No. 148-FZ of July 22, 2008)

5) represents the interests of members of a self-regulatory organization in their relations with government bodies of the Russian Federation, government bodies of the constituent entities of the Russian Federation, and local government bodies;

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

7) ensures information openness of the activities of its members, publishes information about these activities in the manner established by this Federal Law and internal documents of the self-regulatory organization;

8) exercises 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 conditions of membership in the self-regulatory organization; (as amended by Federal Law No. 148-FZ of July 22, 2008)

9) considers complaints against the actions of members of a self-regulatory organization and cases of violation by its members of the requirements of the standards and rules of the self-regulatory organization, conditions of membership in the self-regulatory organization. (as amended by Federal Law No. 148-FZ of July 22, 2008)

10) maintains a register of members of a self-regulatory organization in accordance with the requirements established by this Federal Law. (as amended by Federal Law dated 06/07/2013 N 113-FZ)

2. A self-regulatory organization, along with the main functions established by part 1 of this article, has the right to perform other functions provided for by federal laws and the charter of a non-profit organization. (as amended by Federal Law No. 148-FZ of July 22, 2008)

3. A self-regulatory organization has the right: (as amended by Federal Law No. 148-FZ of July 22, 2008)

1) the subclause is no longer in force. (as amended by Federal Law No. 148-FZ of July 22, 2008)

2) on its own behalf, challenge, in the manner established by the legislation of the Russian Federation, any acts, decisions and (or) actions (inaction) of government bodies of the Russian Federation, government bodies of 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 posing a threat of such 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, and also send in the form of documents on paper or in the form of electronic documents (a package of electronic documents) signed by a self-regulatory organization using an enhanced qualified electronic signature, to the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local governments, conclusions on the results of independent examinations of draft regulatory legal acts carried out by it; (as amended by Federal Law dated July 13, 2015 N 263-FZ)

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

5) request information from government bodies of the Russian Federation, government bodies of 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 restrictions on its rights are provided for by federal law and (or) its constituent documents. (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, 7-10 of part 1 of this article. (as amended by Federal Laws dated July 22, 2008 N 148-FZ, dated June 7, 2013 N 113-FZ)

6. A self-regulatory organization does not have the right 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.

Article 7. Providing a self-regulatory organization with access to information (as amended by Federal Law dated 06/07/2013 N 113-FZ)

2. A self-regulatory organization is obliged to post on its official website:

1) information contained in the register of members of a self-regulatory organization, including information about persons who have terminated their membership in a self-regulatory organization, in accordance with the requirements established by this Federal Law;

2) copies in electronic form of standards and rules of the self-regulatory organization, as well as internal documents of the self-regulatory organization. The internal documents of a self-regulatory organization include:

a) documents establishing the procedure for monitoring compliance by members of a self-regulatory organization with the requirements of the standards and rules of the self-regulatory organization, the conditions of membership in the self-regulatory organization and the procedure for applying disciplinary measures against members of the self-regulatory organization;

b) regulations on information disclosure, establishing the procedure for ensuring information openness of the activities of a self-regulatory organization and the activities of its members;

c) the procedure for placing funds from the compensation fund for the purpose of their preservation and growth, the direction of their placement (investment declaration) in the event that the formation of a compensation fund is used as a way to ensure the responsibility of members of a self-regulatory organization to consumers of the goods (works, services) produced by them;

d) requirements for membership in a self-regulatory organization, including the amounts of entrance fees, membership fees established by the self-regulatory organization and the procedure for their payment, as well as the procedure for terminating membership in the self-regulatory organization;

e) other documents, the requirements for the development of which are established by federal laws, which, in accordance with Article 5 of this Federal Law, provide for cases of mandatory membership of subjects of entrepreneurial or professional activities in self-regulatory organizations;

3) information on the structure and competence of the management bodies and specialized bodies of the self-regulatory organization, the quantitative and personal composition of the permanent collegial management body of the self-regulatory organization (indicating the staff positions of members of the permanent collegial management body of the self-regulatory organization, including independent members, at the main place of work ), on the person performing the functions of the sole executive body of the self-regulatory organization, and (or) on the personnel of the collegial executive body of the self-regulatory organization;

4) decisions made by the general meeting of members of the self-regulatory organization and the permanent collegial governing body of the self-regulatory organization;

5) information about claims and applications filed by the self-regulatory organization in the courts;

6) information on the methods and procedure for ensuring the property liability of members of a self-regulatory organization to consumers of the goods (works, services) produced by them and other persons;

7) information about the management company with which the self-regulatory organization has concluded an agreement (its name, location, information about the existing license, contact phone numbers), about the specialized depository with which the self-regulatory organization has concluded an agreement (its name, location, information about the existing licenses, contact phone numbers), if the formation of a compensation fund is used as a way to ensure the responsibility of members of a self-regulatory organization to consumers of the goods (works, services) produced by them and the allocation of funds from the compensation fund is carried out through a management company;

8) information on the composition and value of the property of the compensation fund of a self-regulatory organization in the event that a self-regulatory organization uses a compensation fund as a way to ensure the property liability of members of a self-regulatory organization to consumers of the goods (works, services) produced by them and other persons, as well as information on the facts of payments made from the compensation fund of a self-regulatory organization in order to ensure the property liability of members of a self-regulatory organization to consumers of goods (works, services) produced by them and other persons and on the grounds for such payments, if such payments were made;

9) information on the procedure for certification of members of a self-regulatory organization or their employees if federal law and (or) a self-regulatory organization establishes a requirement for certification by members of such a self-regulatory organization or their employees;

10) a copy in electronic form of the inspection plan for members of the self-regulatory organization, as well as general information on inspections carried out in relation to members of the self-regulatory organization over the previous two years;

11) annual accounting (financial) statements of the self-regulatory organization and the auditor’s report in relation to these statements (if any);

12) full and (if any) abbreviated name of the self-regulatory organization, its location, contact phone numbers and email address, full and (if any) abbreviated names of non-profit organizations of which the self-regulatory organization is a member, their places location, contact phone numbers and email addresses;

13) other information provided for by federal laws and (or) a self-regulatory organization.

3. Documents and information provided for in paragraphs 1 - 3, 6, 8 - 9, 12 of part 2 of this article are posted by the self-regulatory organization on the official website no later than ten working days from the date it acquired the status of a self-regulatory organization in the manner established by federal laws. and should be available for review without charge. Other documents and information provided for in Part 2 of this article are posted on the official website in the manner prescribed by Part 4 of this article.

4. Any changes made to the documents and information specified in paragraphs 1 - 7 and 9 - 12 of part 2 of this article must be posted on the official website within five working days from the day following the day of the event that entailed such changes, unless a different period for posting such changes is established by federal law. The information specified in paragraph 8 of part 2 of this article must be posted on the official website quarterly no later than within five working days from the beginning of the next quarter. The information specified in paragraph 13 of part 2 of this article must be posted on the official website in accordance with the requirements established by federal laws and (or) a self-regulatory organization.

5. Requirements for self-regulatory organizations to ensure access to documents and information that are subject to mandatory posting on the official websites of self-regulatory organizations, as well as requirements for technological, software, linguistic means of ensuring the use of the official websites of such self-regulatory organizations are established by the federal executive body authorized to establish requirements for technological, software, linguistic means of ensuring the use of official websites of federal executive authorities.

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

7. A self-regulatory organization, along with the disclosure of information specified in part 2 of this article, has the right to disclose other information about its activities and the activities of its members in the manner established by the self-regulatory organization, if such disclosure does not entail a violation of the procedure and conditions of access established by the members of the self-regulatory organization to information constituting a commercial secret, as well as the emergence of a conflict of interests of a self-regulatory organization, 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 openness of the activities of the self-regulatory organization and its members.

8. A self-regulatory organization must provide for methods of obtaining, using, processing, storing and protecting information, the unlawful use of which may cause moral harm and (or) property damage to members of the self-regulatory organization or create the preconditions for causing such harm and (or) damage.

9. A self-regulatory organization is responsible to its members for the actions of its officials and other employees related to the unlawful use of information specified in Part 8 of this article.

10. A self-regulatory organization is responsible for failure to fulfill and (or) improper fulfillment of obligations to disclose information in accordance with the legislation of the Russian Federation.

Article 7.1. Maintaining a register of members of a self-regulatory organization (as amended by Federal Law dated 06/07/2013 N 113-FZ)

1. The register of members of a self-regulatory organization is an information resource that meets the requirements of this Federal Law and contains systematized information about members of a self-regulatory organization, as well as information about persons who have ceased membership in a self-regulatory organization.

2. A person acquires all the rights of a member of a self-regulatory organization from the date of entering information about him, provided for by this article, into the register of members of a self-regulatory organization.

3. The register of members of a self-regulatory organization contains the following information:

1) registration number of a member of a self-regulatory organization, the date of its registration in the register;

2) information allowing to identify a member of a self-regulatory organization:

a) last name, first name, patronymic, place of residence, date and place of birth, passport details, contact telephone numbers, postal address, taxpayer identification number (for an individual);

b) last name, first name, patronymic, place of residence, date and place of birth, passport details, contact phone numbers, taxpayer identification number, date of state registration of an individual as an individual entrepreneur, state registration number of the record of state registration of an individual entrepreneur, place of actual implementation activities (for an individual entrepreneur);

c) full and (if any) abbreviated name, date of state registration of the legal entity, state registration number of the record on state registration of the legal entity, location of the legal entity, contact telephone numbers, taxpayer identification number, last name, first name, patronymic of the person, exercising the functions of the sole executive body of a legal entity, and (or) the head of a collegial executive body of a legal entity;

3) information about the compliance of a member of a self-regulatory organization with the conditions of membership in a self-regulatory organization provided for by the legislation of the Russian Federation and (or) internal documents of the self-regulatory organization;

4) information on ensuring the property liability of a member of a self-regulatory organization to consumers of goods (work, services) produced by him and other persons, including information about the insurer (including information about his location, about his license and information intended for establishing contact) and on the amount of the insured amount under the liability insurance agreement of a member of a self-regulatory organization, if the requirement providing for the existence of such a liability insurance agreement is a condition of membership in a self-regulatory organization, on the amount of contribution to the compensation fund of a self-regulatory organization if the formation of a compensation fund is used as a method of ensuring liability members of a self-regulatory organization to consumers of goods (works, services) produced by them;

5) information about the results of inspections carried out by a self-regulatory organization of a member of a self-regulatory organization and the facts of application of disciplinary and other sanctions to him (if such inspections were carried out and (or) such penalties were imposed);

6) other information provided by the self-regulatory organization.

4. In relation to persons who have terminated their membership in a self-regulatory organization, the register of members of the self-regulatory organization, along with the information specified in Part 3 of this article, must contain information to be posted on the official website about the date of termination of membership in the self-regulatory organization and the grounds for such termination.

5. The information specified in Part 3 of this article is subject to disclosure on the official website, with the exception of information about the place of residence, passport data (for an individual, including an individual entrepreneur) and other information if access to it is limited by federal laws.

6. A self-regulatory organization maintains a register of members of a self-regulatory organization from the date of entering information about it into the state register of self-regulatory organizations in accordance with the requirements established by this Federal Law.

7. A member of a self-regulatory organization is obliged to notify the self-regulatory organization in writing or by sending an electronic document about the occurrence of any events entailing a change in the information contained in the register of members of the self-regulatory organization within three working days from the day following the day of occurrence of such events.

8. Additional requirements for the composition of information included in the registers of members of self-regulatory organizations formed in accordance with federal laws, providing in accordance with Article 5 of this Federal Law for cases of mandatory membership of subjects of business or professional activities in self-regulatory organizations, and the procedure for maintaining these by such self-regulatory organizations registers and the posting of information contained therein on the official website may be established by federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them.

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 included in 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 specified in Part 1 of this article is understood as 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 is understood as 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 the emergence of a contradiction between such personal interest and legitimate interests self-regulatory organization or the threat of a contradiction that could lead to harm to the legitimate interests of the self-regulatory organization.

4. Stakeholders must respect the interests of the self-regulatory organization, primarily in relation to the goals of its activities, and should not use opportunities related to the performance of their professional duties, or allow the use of such opportunities for purposes contrary to the goals specified in the constituent documents of the non-profit 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 a non-profit organization, standards and rules of a self-regulatory organization. (as amended by Federal Law No. 148-FZ of July 22, 2008)

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

1. Control over the implementation of entrepreneurial or professional activities by members of a self-regulatory organization is carried out by the self-regulatory organization through scheduled and unscheduled inspections. (as amended by Federal Law No. 148-FZ of July 22, 2008)

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

4. The basis for 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 Part 4 of this article, other grounds for conducting an unscheduled inspection.

6. During an unscheduled inspection, only the facts specified in the complaint or facts subject to verification ordered for other reasons are subject to investigation.

7. A member of a self-regulatory organization is obliged to provide the necessary information for the inspection 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 the self-regulatory organization, the conditions of membership in the self-regulatory organization is revealed, the inspection materials are transferred to the body for considering cases of applying disciplinary measures against members of the self-regulatory organization. (as amended by Federal Law No. 148-FZ of July 22, 2008)

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

10. A self-regulatory organization bears responsibility to its members in the manner established by the legislation of the Russian Federation and the charter of a non-profit organization for unlawful actions of employees of the self-regulatory organization when they exercise control over the activities of members of the self-regulatory organization. (as amended by Federal Law No. 148-FZ of July 22, 2008)

Article 10. The procedure for applying disciplinary measures against members of a self-regulatory organization

1. The body for considering cases of application of disciplinary measures against members of a self-regulatory organization considers 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, conditions of membership in a self-regulatory organization. (as amended by Federal Law No. 148-FZ of July 22, 2008)

2. The procedure for considering 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 of application of disciplinary measures against members of a self-regulatory organization is obliged to invite to its meetings the persons who sent such complaints, as well as members of the self-regulatory organization in respect of whom cases of application of disciplinary measures are being considered impact.

4. The body for reviewing cases of 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) issuing an order obliging a member of a self-regulatory organization to eliminate identified violations and establishing a deadline for eliminating such violations;

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

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

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

5. The decisions provided for in paragraphs 1-3 and 5 of part 4 of this article are made by a majority vote of the members of the body for considering cases of applying disciplinary measures against members of a self-regulatory organization and come into force from the moment they are adopted by the said body. The decision provided for in paragraph 4 of part 4 of this article may be made by no less than seventy-five percent of the votes of the members of the body for considering cases on the application of disciplinary measures against members of a self-regulatory organization.

6. A self-regulatory organization, within two working days from the date the body for reviewing cases on the application of disciplinary measures against members of a self-regulatory organization, sends a decision on the application of disciplinary measures against a member of a self-regulatory organization in the form of documents on paper or in the form of electronic documents ( package of electronic documents) signed with an electronic signature, the type of which is determined by the self-regulatory organization in the manner established by the Government of the Russian Federation and the rules of the self-regulatory organization, a copy of such a decision to a member of the self-regulatory organization, as well as to the person who sent the complaint on which such a decision was made. (as amended by Federal Law dated July 13, 2015 N 263-FZ)

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

8. The decision of the permanent collegial management body of a self-regulatory organization to exclude a person from members of the self-regulatory organization may be appealed by the person expelled from the membership of the self-regulatory organization to court in the manner prescribed by the legislation of the Russian Federation.

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

Article 11. Appeal against actions (inaction) of a self-regulatory organization, decisions of its governing bodies

Any member of a self-regulatory organization, in the event of a 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 for compensation by a self-regulatory organization for damage caused to it.

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 a self-regulatory organization (entrance, membership and targeted 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; (as amended by Federal Law No. 148-FZ of July 22, 2008)

4) funds received from the provision of educational services related to entrepreneurial activities, commercial or professional interests of members of a self-regulatory organization; (as amended by Federal Law No. 148-FZ of July 22, 2008)

5) funds received from the sale of information materials related to entrepreneurial activities, commercial or professional interests of members of the self-regulatory organization; (as amended by Federal Law No. 148-FZ of July 22, 2008)

6) income received from placing funds on bank deposits;

7) other sources not prohibited by law.

2. Federal laws may establish restrictions on the 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 the non-profit organization. (as amended by Federal Law No. 148-FZ of July 22, 2008)

4. Maintaining accounting records and financial (accounting) reporting of a self-regulatory organization is subject to mandatory audit.

Article 13. Methods of ensuring property liability of members of a self-regulatory organization to consumers of goods (works, services) produced by them and other persons

1. A self-regulatory organization has the right to use the following methods of ensuring the property liability of members of a self-regulatory organization to consumers of the 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 contributions from members of a self-regulatory organization in the amount of no less than three thousand rubles for each member.

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

4. Federal laws may establish requirements other than those provided for by this Federal Law for the procedure for forming a compensation fund of a self-regulatory organization, its minimum size, allocation of funds from such a fund, and liability insurance for members of a self-regulatory organization. (as amended by Federal Law No. 148-FZ of July 22, 2008)

5. The allocation of funds from the compensation fund for the purpose of their preservation and growth and the investment of such funds are carried out through management companies, unless otherwise established by federal law. (as amended by Federal Law No. 148-FZ of July 22, 2008)

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

7. Income received from the placement and investment of funds from the compensation fund is used to replenish the compensation fund and cover expenses associated with ensuring proper conditions for investing funds from the compensation fund.

8. A self-regulatory organization has the right to enter into agreements only with management companies and a specialized depository that are selected based on the results of a competition held in the manner established by the internal documents of the self-regulatory organization.

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

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 the self-regulatory organization, is liable for the obligations of its member arising as a result of harm caused by defects in goods (works, services) produced by the member of the self-regulatory organization. (as amended by Federal Law No. 148-FZ of July 22, 2008)

13. Payments from the compensation fund are not allowed, with the exception of payments in order to ensure the property liability of members of a self-regulatory organization to consumers of goods (work, services) produced by them and other persons, unless otherwise provided by federal law. Refunds of contributions to members of a self-regulatory organization are not permitted, unless otherwise provided by federal law. (as amended by Federal Law dated July 27, 2010 N 240-FZ)

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

Article 14. Restrictions on the rights of a self-regulatory organization, its officials and other employees

1. A self-regulatory organization does not have the right to carry out entrepreneurial activities.

2. A self-regulatory organization does not have the right to establish business partnerships and companies carrying out entrepreneurial activities that are the subject of self-regulation for this self-regulatory organization, and to become a participant in such business partnerships and companies.

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

1) provide property belonging to it as collateral to ensure the fulfillment of obligations of other persons;

2) issue guarantees for persons other than their employees;

3) acquire shares, bonds and other securities issued by its members, except for cases where such securities are traded at organized auctions; (as amended by Federal Law dated November 21, 2011 N 327-FZ)

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

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

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

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

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

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

3) carry out business activities as an individual entrepreneur 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, and become a participant in such business partnerships and companies.

5. A person performing the functions of the sole executive body of a self-regulatory organization does not have the right to be a member of the management bodies of members of the self-regulatory organization, their subsidiaries and dependent companies, or to 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 circumstances entailing the emergence of a conflict of interest established by Article 8 of this Federal Law, the threat of misuse by employees of a self-regulatory organization of information about the activities of members of a self-regulatory organization that has become known to them due to their official position. (as amended by Federal Law No. 148-FZ of July 22, 2008)

Article 15. Management bodies of a self-regulatory organization

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

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

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

3) executive body of a self-regulatory organization.

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

Article 16. General meeting of members of a self-regulatory organization

1. The general meeting of members of a self-regulatory organization is the highest governing body of a self-regulatory organization, authorized to consider issues of the activities of a self-regulatory organization within its competence by this Federal Law, other federal laws and the charter of a non-profit organization. (as amended by Federal Law No. 148-FZ of July 22, 2008)

2. The general meeting of members of a 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. (as amended by Federal Law No. 148-FZ of July 22, 2008)

3. The following issues fall within the competence of the general meeting of members of a self-regulatory organization: (as amended by Federal Law No. 148-FZ of July 22, 2008)

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

2) election of members of a permanent collegial 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 performing 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 a self-regulatory organization of the requirements of the standards and rules of the self-regulatory organization, conditions of membership in the self-regulatory organization; (as amended by Federal Law No. 148-FZ of July 22, 2008)

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

6) approval of the report of the permanent collegial 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, amendments to it, approval of the annual financial statements of the self-regulatory organization;

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

9) making a decision on the reorganization or liquidation of a non-profit organization, appointing a liquidator or liquidation commission;

10) consideration of a complaint from a person expelled from the membership of a self-regulatory organization about the unfoundedness of the decision taken by the permanent collegial management body of the self-regulatory organization on the basis of the recommendation of its case review body to apply disciplinary measures against members of the self-regulatory organization to exclude this person from members of the self-regulatory organization and making a decision on such a complaint.

11) making other decisions in accordance with federal laws and the charter of a non-profit organization. (as amended by Federal Law No. 148-FZ of July 22, 2008)

3.1. The issues provided for in 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 the self-regulatory organization. (as amended by Federal Law No. 148-FZ of July 22, 2008)

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

Article 17. Permanent collegial governing body of a self-regulatory organization

1. The permanent collegial governing 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 associated with labor relations with a self-regulatory organization or its members. Independent members must make up at least one third of the members of the permanent collegial governing body of a self-regulatory organization. Federal laws may establish other requirements for the number of independent members of a permanent collegial governing body of a self-regulatory organization.

3. An independent member of the permanent collegial management body of a self-regulatory organization must first declare in writing 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 management body of a self-regulatory organization, and the adoption of decisions on them and when in which a conflict arises or may arise between the personal interests of the said 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 the event of a violation by an independent member of a permanent collegial management body of a self-regulatory organization of the obligation to declare a conflict of interest and, in connection with this, harm to the legitimate interests of the self-regulatory organization, which are confirmed by a court decision, the general meeting of members of the self-regulatory organization makes a decision on the early termination of the powers of the independent member.

5. Each member of the permanent collegial governing body of a self-regulatory organization has one vote when voting.

6. The quantitative composition of the permanent collegial governing body of a self-regulatory organization, the procedure and conditions for its formation, its activities, and the adoption of decisions by this body are established by the charter of the non-profit organization. (as amended by Federal Law No. 148-FZ of July 22, 2008)

7. Unless otherwise established by federal law, the following issues fall within the competence of the permanent collegial management body of a self-regulatory organization: (as amended by Federal Law No. 148-FZ of July 22, 2008)

1) approval of standards and rules of a self-regulatory organization, amendments to them;

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

3) appointment of an audit organization to audit 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 participants in disputes considered on their applications in an arbitration court formed by a self-regulatory organization;

6) making a decision to become a member of a self-regulatory organization or to be excluded from membership of a self-regulatory organization on the grounds provided for by the charter of the self-regulatory organization;

7) other issues provided for by the charter of a non-profit organization. (as amended by Federal Law No. 148-FZ of July 22, 2008)

8. Issues provided for in paragraphs 1 and 2 of part 7 of this article by the charter of a non-profit organization may be within the competence of the general meeting of members of a self-regulatory organization. (as amended by Federal Law No. 148-FZ of July 22, 2008)

Article 18. Executive body of a self-regulatory organization

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

Article 19. Specialized bodies of a self-regulatory organization

1. The specialized bodies of a self-regulatory organization, which are mandatorily created by a permanent collegial management body of a self-regulatory organization, include:

1) a body that monitors compliance by members of a self-regulatory organization with the requirements of the standards and rules of the self-regulatory organization;

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

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

3. Each specialized body created by the permanent collegial management body of a self-regulatory organization acts on the basis of the relevant regulations approved by the permanent collegial management body of the self-regulatory organization.

4. Specialized bodies of a self-regulatory organization carry out their functions independently.

5. Based on the results of inspections of the activities of members of the self-regulatory organization carried out by the body that monitors 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 of 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 when carrying out their activities of the requirements of the standards and rules of the self-regulatory organization.

6. The body for reviewing cases of application of disciplinary measures against members of a self-regulatory organization sends recommendations on expulsion from members of the self-regulatory organization to the permanent collegial management body of the self-regulatory organization.

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

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

1. Maintaining the state register of self-regulatory organizations is carried out by a federal executive body authorized by the Government of the Russian Federation in the event that an authorized federal executive body has not been identified to exercise the functions of state supervision over the activities of self-regulatory organizations in the established field of activity. (as amended by Federal Laws dated July 22, 2008 N 148-FZ, dated April 28, 2009 N 62-FZ, dated June 25, 2012 N 93-FZ)

2. If an authorized federal executive body has been identified to exercise the functions of state supervision over the activities of self-regulatory organizations in the established field of activity, the maintenance of the state register of self-regulatory organizations in the relevant field of activity is carried out by this authorized federal body. (as amended by Federal Laws dated July 22, 2008 N 148-FZ, dated June 25, 2012 N 93-FZ)

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. (as amended by Federal Law No. 160-FZ of July 23, 2008)

3.1. The Federal Law, which, in accordance with Article 5 of this Federal Law, provides for cases of compulsory membership of subjects of entrepreneurial or professional activities in self-regulatory organizations, or another regulatory legal act of the Russian Federation adopted in accordance with it, may provide for other requirements for the procedure for maintaining the state register of self-regulatory organizations formed in accordance with such federal law. (as amended by Federal Law dated 06/07/2013 N 113-FZ)

4. The state register of self-regulatory organizations is maintained on paper and (or) electronic media. The method of maintaining this register is determined by the authorized federal executive body specified in parts 1 or 2 of this article. If there is a discrepancy between records on paper and electronic media, records on paper take precedence. (as amended by Federal Law dated July 13, 2015 N 263-FZ)

5. Maintaining the state register of self-regulatory organizations on electronic media is carried out in accordance with unified 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 the state register of self-regulatory organizations is open and publicly available.

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

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

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

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

5) a list of members of the non-profit organization certified by the non-profit organization on paper and electronic media or in the form of an electronic document signed with a qualified electronic signature of the non-profit organization, indicating: (as amended by Federal Law dated December 3, 2011 N 383-FZ)

a) the type(s) of entrepreneurial activity (indicating the code of the type of economic activity according to the All-Russian Classifier of Types of Economic Activities) or professional activity carried out by them, which is the subject of self-regulation for a self-regulatory organization; (as amended by Federal Law dated December 3, 2011 N 383-FZ)

b) taxpayer identification number and (or) main state registration number of each of its members - legal entities, taxpayer identification number and (or) main state registration number and passport data of each of its members - individual entrepreneurs, passport data of each of its members - individuals, subjects of professional activities; (as amended by Federal Law dated December 3, 2011 N 383-FZ)

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

7) copies of documents confirming the creation by a non-profit organization of specialized bodies provided for in Article 3 of this Federal Law, copies of regulations on such bodies and copies of documents on the composition of the persons participating in their work;

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

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

8.1. If the documents specified in paragraphs 1, 3 and 4 of part 8 of this article are not submitted by the applicant, at the interdepartmental request of the authorized federal executive body specified in part 1 or 2 of this article, the federal executive body carrying out state registration of legal entities persons, individuals as individual entrepreneurs and peasant (farm) households, provides information on the state registration of a non-profit organization, its members - legal entities and individual entrepreneurs in electronic form in the manner and within the time limits established in accordance with the legislation of the Russian Federation on state registration legal entities and individual entrepreneurs.)

10. The grounds for making a decision to refuse to enter information about a non-profit organization into the state register of self-regulatory organizations are the non-compliance of the non-profit organization with the requirements provided for in Article 22 of this Federal Law. (as amended by Federal Laws dated July 22, 2008 N 148-FZ, dated July 1, 2011 N 169-FZ, dated December 3, 2011 N 383-FZ)

11. The decision to refuse to enter information about a non-profit organization into 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 terms for entering into the state register of self-regulatory organizations information about non-profit organizations uniting subjects of entrepreneurial or professional activities, as well as the specifics of the requirements imposed on non-profit organizations in relation to the composition and contents of documents submitted to the authorized federal executive body specified in parts 1 or 2 of this article.

13. Non-profit organizations, information about which is not entered in the prescribed manner in the state register of self-regulatory organizations, do not have the right to use the words “self-regulatory”, “self-regulation” and derivatives of the word “self-regulation” in their name, as well as in carrying out their activities. (as amended by Federal Law No. 148-FZ of July 22, 2008)

Article 21. Exclusion of information about a non-profit organization from the state register of self-regulatory organizations

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

1) an application from 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 grounds other than those specified in Part 1 of this article is not allowed.

3. A non-profit organization is considered excluded from the state register of self-regulatory organizations and has ceased to operate as a self-regulatory organization from the date of submission of an application for exclusion of information about the non-profit organization from the state register of self-regulatory organizations to the authorized federal executive body specified in part or article 20 of this Federal Law, either 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 a statement of such non-compliance to the authorized federal executive body specified in part or article 20 of this Federal Law . This application in the form of a document on paper or in the form of an electronic document signed by a self-regulatory organization using an enhanced qualified electronic signature is submitted to the authorized federal executive body specified in Part 1 or 2 of Article 20 of this Federal Law, indicating the date of occurrence of the basis for exclusion of information about a non-profit organization from the state register of self-regulatory organizations. A statement of non-compliance of a self-regulatory organization with the requirements of Article 3 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 specified period, the self-regulatory organization does not submit to the authorized federal executive body specified in Part 1 or 2 of Article 20 of this Federal Law, evidence of bringing its status or activities into compliance with the requirements specified in

2. The authorized federal executive body, specified in part or article 20 of this Federal Law, attracts self-regulatory organizations to 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.

3. A self-regulatory organization is obliged to send to the authorized federal executive body specified in part or article 20 of this Federal Law:

1) standards and rules of the self-regulatory organization, conditions for membership in it in accordance with the subject of self-regulation and changes made to them within seven working days after they were introduced by the permanent collegial governing body of the self-regulatory organization; (as amended by Federal Law No. 148-FZ of July 22, 2008)

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

3) information about changes in the name of the self-regulatory organization, its location, and the address of the official website within five working days from the day following the day of the event that led to such changes. (as amended by Federal Law dated 06/07/2013 N 113-FZ)

3.1. The documents and information specified in Part 3 of this article can be sent in the form of electronic documents (package of electronic documents), signed by a self-regulatory organization using an enhanced qualified electronic signature, to the authorized federal executive body specified in Part

3) demand changes or cancellations of decisions taken by the management bodies of a 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 or Article 20 of this Federal Law has the right to apply to the court with a request to exclude information about a non-profit organization from the state register of self-regulatory organizations in the event of a non-compliance of the self-regulatory organization with the requirements provided for in Article 3 of this Federal Law, and also 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 are not eliminated or are irreparable. (as amended by Federal Law No. 148-FZ of July 22, 2008)

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

Article 23. State supervision over the activities of self-regulatory organizations (as amended by Federal Law dated June 25, 2012 N 93-FZ)

State supervision over the activities of self-regulatory organizations (federal state supervision) is carried out by authorized federal executive bodies (hereinafter referred to as state supervision bodies) in the manner established by Federal Law of December 26, 2008 N 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the implementation of state control (supervision) and municipal control", this Federal Law and federal laws regulating the relevant type of professional or business activity.

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 can be created by them according to 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 made by the general meeting of members of the self-regulatory organization in the manner established by its charter.

4. Members of an association (union) of self-regulatory organizations may transfer to the association (union) the rights 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 arbitration, for professional 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. (as amended by Federal Law No. 148-FZ of July 22, 2008)

5. The restrictions provided for by this Federal Law fully apply to the 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 (work, 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. (as amended by Federal Law No. 148-FZ of July 22, 2008)

President of Russian Federation
V. PUTIN

Moscow Kremlin

RUSSIAN FEDERATION
THE FEDERAL LAW
ABOUT SELF-REGULATORY ORGANIZATIONS

(as amended by Federal Laws dated July 22, 2008 N 148-FZ, dated July 23, 2008 N 160-FZ)

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 uniting subjects of business or professional activities, the interaction of self-regulatory organizations and their members, consumers of goods (works, services) produced by them, federal bodies executive power, executive bodies of the constituent entities of the Russian Federation, local government bodies.

2. Features of the acquisition, termination of 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 of disciplinary measures by self-regulatory organizations against of its members, as well as the procedure for exercising state control (supervision) over compliance by self-regulatory organizations uniting subjects of business or professional activities of certain types 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 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 constituent entities of the Russian Federation, local government bodies are determined by federal laws regulating the relevant type of activity.

Article 2. The concept of self-regulation

1. Self-regulation is understood as independent and proactive activity that 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 the specified activity, as well as monitoring compliance with the requirements of the specified standards and rules.

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

3. For the purposes of this Federal Law, business entities are understood to be individual entrepreneurs and legal entities registered in the prescribed manner and carrying out entrepreneurial activities defined in accordance with the Civil Code of the Russian Federation, and subjects of professional activities are individuals carrying out 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

1. Self-regulatory organizations are non-profit organizations created 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 for the production of goods (work, services) or the market for produced goods (work, services) or uniting subjects of professional activity of a certain type.

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

2. The unification 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 self-regulatory organization is recognized as a non-profit organization created in accordance with the Civil Code of the Russian Federation and Federal Law No. 7-FZ of January 12, 1996 “On Non-Profit Organizations”, provided that it complies with all the requirements established by this Federal Law. These requirements, in addition to those established in Part 1 of this article, include:

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

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

2) the presence of standards and rules of entrepreneurial or professional activity 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 produced goods (works, services) and other persons in accordance with Article 13 of this Federal Law.

(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 standards and rules of entrepreneurial or professional activity and consider cases of application against 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 in paragraphs 1 - 3 of part 3 of this article and presented to self-regulatory organizations, and the requirements presented to non-profit organizations for recognition as self-regulatory organizations, are mandatory, unless otherwise established by federal law. Federal laws may establish other requirements for non-profit organizations that unite subjects of business or professional activities for recognition as self-regulatory organizations, and may also establish increased requirements 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 into 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.

(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 activities 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 the self-regulatory organization), which are understood as requirements for the implementation of entrepreneurial or professional activities that are mandatory for all members of the 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.

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

3. 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 to declare invalid a normative legal act that does not comply with federal law, the obligation to comply with which is assigned to the members of the self-regulatory organization, including a normative legal act containing something that is not permitted by federal law broad interpretation of its norms in whole or in any part.

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

(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 members of the self-regulatory organization, their employees and members of the permanent collegial governing body of the self-regulatory organization.

7. The standards and rules of a self-regulatory organization must establish a ban on members of a self-regulatory organization carrying out activities to the detriment of other subjects of business or professional activity, and must 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 business or professional entities in self-regulatory organizations is voluntary.

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

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

3. An entity engaged in various types of business or professional activities may be a member of several self-regulatory organizations if such self-regulatory organizations unite subjects of business or professional activities of the relevant types.

4. An entity carrying out a certain type of business or professional activity can be a member of only one self-regulatory organization uniting subjects of business or professional activity of this type.

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

1. A self-regulatory organization shall perform the following main functions:

1) develops and establishes the conditions for membership of business or professional entities in a self-regulatory organization;

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

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

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

4) carries out an analysis of 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 established 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;

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

5) represents the interests of members of a self-regulatory organization in their relations with government bodies of the Russian Federation, government bodies of the constituent entities of the Russian Federation, and local government bodies;

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

7) ensures information openness of the activities of its members, publishes information about these activities in the manner established by this Federal Law and internal documents of the self-regulatory organization;

8) exercises 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 conditions of membership in the self-regulatory organization;

(Clause 8 introduced by Federal Law dated July 22, 2008 N 148-FZ)

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

(Clause 9 introduced by Federal Law dated July 22, 2008 N 148-FZ)

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

(Part two as amended by Federal Law dated July 22, 2008 N 148-FZ)

3. A self-regulatory organization has the right:

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

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

2) on its own behalf, challenge, in the manner established by the legislation of the Russian Federation, any acts, decisions and (or) actions (inaction) of government bodies of the Russian Federation, government bodies of 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 posing a threat of such 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, and also send them to the state authorities of the Russian Federation, government authorities of the constituent entities of the Russian Federation and local government bodies, conclusions on the results of independent examinations of draft regulatory legal acts carried out by it;

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

5) request information from government bodies of the Russian Federation, government bodies of 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 restrictions on its rights are provided for by federal law and (or) its constituent documents.

(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 dated July 22, 2008)

6. A self-regulatory organization does not have the right 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.

Article 7. Providing access to information by a self-regulatory organization and protecting information from its misuse by a self-regulatory organization

1. A self-regulatory organization, through publication in the 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 members of a self-regulatory organization to consumers of the goods (works, services) produced by them and other persons;

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

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

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

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

7) on decisions made 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 dated July 22, 2008 N 148-FZ)

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 business or professional activities, standards and rules of the self-regulatory organization (if such information is available);

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

9) about any claims and statements filed by the self-regulatory organization in the courts;

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

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

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

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

13) on the results of inspections of the activities of members of the self-regulatory organization conducted by 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 the self-regulatory organization.

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

2. A self-regulatory organization submits information to federal executive authorities in the manner established 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 constituting a commercial secret, as well as the emergence of a conflict of interests of a 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 openness of the activities of the self-regulatory organization and its members.

4. Unless otherwise established by federal law, a self-regulatory organization, in accordance with the provisions of Part 1 of this article, independently establishes methods for disclosing information, taking into account that the disclosed information 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 the self-regulatory organization.

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

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

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

6. A self-regulatory organization is responsible to its members for the actions of employees of a self-regulatory organization related to the unlawful use of information that has become known to them due to their official position.

7. Members of a self-regulatory organization are required 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.

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 included in 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 specified in Part 1 of this article is understood as 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 is understood as 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 the emergence of a contradiction between such personal interest and legitimate interests self-regulatory organization or the threat of a contradiction that could lead to harm to the legitimate interests of the self-regulatory organization.

4. Stakeholders must respect the interests of the self-regulatory organization, primarily in relation to the goals of its activities, and should not use opportunities related to the performance of their professional duties, or allow the use of such opportunities for purposes contrary to the goals specified in the constituent documents of the non-profit 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 a non-profit organization, standards and rules of a self-regulatory organization.

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

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

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

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

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

(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.

4. The basis for 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 Part 4 of this article, other grounds for conducting an unscheduled inspection.

6. During an unscheduled inspection, only the facts specified in the complaint or facts subject to verification ordered for other reasons are subject to investigation.

7. A member of a self-regulatory organization is obliged to provide the necessary information for the inspection 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 the self-regulatory organization, the conditions of membership in the self-regulatory organization is revealed, the inspection materials are transferred to the body for considering cases of applying disciplinary measures against members of the self-regulatory organization.

6. A non-profit organization acquires the status of a self-regulatory organization from the date of entering information about the non-profit organization into 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.

5) represents the interests of members of a self-regulatory organization in their relations with government bodies of the Russian Federation, government bodies of the constituent entities of the Russian Federation, and local government bodies;

2. For the purposes of this Federal Law, the personal interest of the persons specified in Part 1 of this article is understood as 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.

1) issuing an order obliging a member of a self-regulatory organization to eliminate identified violations and establishing a deadline for eliminating such violations;

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

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

1. The specialized bodies of a self-regulatory organization, which are mandatorily created by a permanent collegial management body of a self-regulatory organization, include:

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 (work, 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.

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

3. For the purposes of this Federal Law, a conflict of interest is understood as 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 the emergence of a contradiction between such personal interest and legitimate interests self-regulatory organization or the threat of a contradiction that could lead to harm to the legitimate interests of the self-regulatory organization.

1) a body that monitors compliance by members of a self-regulatory organization with the requirements of the standards and rules of the self-regulatory organization;

1. The authorized federal executive body, specified in part 1 or 2 of Article 20 of this Federal Law, sends to the self-regulatory organization information on the results of inspections carried out in the manner and in cases provided for by the legislation of the Russian Federation of the entrepreneurial or professional activities of members of the self-regulatory organization, for with the exception of information on the results of inspections during which no report was drawn up.

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.

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

7) ensures information openness of the activities of its members, publishes information about these activities in the manner established by this Federal Law and internal documents of the self-regulatory organization;

4. Stakeholders must respect the interests of the self-regulatory organization, primarily in relation to the goals of its activities, and should not use opportunities related to the performance of their professional duties, or allow the use of such opportunities for purposes contrary to the goals specified in the constituent documents of the non-profit organization.

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 the non-profit organization.

1. The permanent collegial governing 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.