ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of March 28, 2015 No. 289

About procedure for informing on emergence of the separate bases of the termination of activities for management of the apartment house

According to article 197 of the Housing code of the Russian Federation the Government of the Russian Federation decides:

1. Approve the enclosed Rules of informing on emergence of the separate bases of the termination of activities for management of the apartment house.

2. Determine that on application of the Rules approved by this resolution the Ministry of Construction and Housing and Communal Services of the Russian Federation gives explanations.

Approved by the Order of the Government of the Russian Federation of March 28, 2015 No. 289

Rules of informing on emergence of the separate bases of the termination of activities for management of the apartment house

1. These rules determine procedure for informing local government bodies (public authorities of subjects of the Russian Federation - the federal cities if the laws of subjects of the Russian Federation - the federal cities are not determined that the powers provided by these rules are performed by local government bodies of intracity municipalities) in the territory of which the legal entity or the individual entrepreneur based on the license performs business activity on management of the apartment house (further respectively - the authorized body, the licensee), owners of rooms in the apartment house, activities for management of which performs the licensee, the resource supplying organizations with which the licensee signs delivery agreements of the resources necessary for provision of utilities, and other interested persons, including the organizations, the performing renderings services and (or) performance of works on content and repair of common property of owners of rooms in the apartment house, and the organizations performing carrying out capital repairs of common property in the apartment house (further - interested persons), about the circumstances specified in Item 2 of these rules (further - informing).

2. Informing is required in the presence of the following circumstances:

a) purpose of 2 or more times within calendar year to the licensee and (or) the official (officials) of the licensee court of administrative punishments for non-execution or improper execution of the instructions issued by body of the state housing supervision (further - the licensing body) concerning the apartment house, activities for management of which performs the licensee (further - the basis for exception of data on the apartment house of the register of licenses of the subject of the Russian Federation);

b) acceptance by the licensing body of the decision on exception of data on the apartment house of the register of licenses of the subject of the Russian Federation;

c) adoption by the licensed commission of the decision on the direction in court of the plea of nullity of the license;

d) the introduction in legal force of the judgment about cancellation of the license and entering of the corresponding record into the register of licenses of the subject of the Russian Federation.

3. Responsibility for observance of requirements about informing is conferred on the licensing body (regarding informing authorized bodies) and on authorized body (regarding informing interested persons).

4. The licensing body sends to authorized body by the method allowing to confirm the fact of receipt of the notice, the following information:

a) about emergence of the basis for exception of data on the apartment house of the register of licenses of the subject of the Russian Federation - in time, not exceeding 3 working days from the date of the introduction in legal force of the second or subsequent decision (resolution) of court on purpose of administrative punishment for non-execution or improper execution of the instruction issued by the licensing body with indication of the data provided by the subitem "an" of Item 7 of these rules;

b) about acceptance by the licensing body of the decision on exception of data on the apartment house, activities for management of which perform the licensee, from the register of licenses of the subject of the Russian Federation - in time, not exceeding 3 working days from the date of adoption of the specified decision, with indication of data, stipulated in Item 8 these rules;

c) about the direction in court of the plea of nullity of the license based on the decision of the licensed commission - in time, not exceeding 3 working days from the date of the direction of the corresponding statement, with indication of data, stipulated in Item 9 these rules;

d) about the introduction in legal force of the judgment about cancellation of the license and entering of the corresponding record into the register of licenses of the subject of the Russian Federation - in time, not exceeding 3 working days from the date of entering of the corresponding record into the register of licenses of the subject of the Russian Federation, with indication of the data provided by the subitem "an" of Item 10 of these rules.

5. The authorized body in time which is not exceeding 3 working days from the date of receipt of information, stipulated in Item 4 these rules by placement of the specified information in the places convenient for acquaintance by owners of rooms in the apartment house (on the bulletin boards placed at all entrances of the apartment house or within the parcel of land on which the apartment house is located), and also on the official site of authorized body on the Internet informs:

a) owners of rooms in the apartment house, activities for management of which perform the licensee, about availability of the circumstances specified in subitems "an" and "b" of Item 2 of these rules;

b) owners of rooms in all apartment houses, activities for management of which perform the licensee, about availability of the circumstances specified in subitems "v" and "g" of Item 2 of these rules.

6. The authorized body in time which is not exceeding 3 working days from the date of receipt of information, stipulated in Item 4 these rules informs on availability of the circumstances specified in Item 2 of these rules, the resource supplying organizations with which the licensee signs delivery agreements of the resources necessary for provision of utilities, and other interested persons by the method allowing to confirm the fact of receipt of the notice.

7. The notice of authorized body on emergence of the basis for exception of data on the apartment house of the register of licenses of the subject of the Russian Federation shall contain information:

a) about the introduction in legal force of the second or subsequent decision (resolution) of court on purpose of administrative punishment for non-execution or improper execution of the instruction issued by the licensing body including the name of the licensee, the name of the licensing body, information on violations which elimination is provided by the instruction issued by the licensing body, the name of the court which imposed administrative penalty to the licensee, details of the decision (resolution) of court (date and number), structure of offense, type of administrative punishment;

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