Is it possible to pay remuneration from a special account. How not to make a mistake when working with a special account for the state defense order. Single Account Mode

From what funds should the company pay the bank commission? Apparently, exclusively from their own. Then from what account? From special or from settlement? And can these expenses be attributed to the cost of the state defense order? And, if a bailiff brings a writ of execution to an authorized bank, providing for direct debiting of funds from the account of the debtor enterprise, can the bank refuse to execute, violating the federal legislation on enforcement proceedings, or is it obliged to execute the document, violating the legislation on state defense orders ? After all, 275-FZ regulates and limits exclusively voluntary debit transactions on special accounts, but not compulsory ones. How should the bank and the client enterprise proceed in this situation? This is only a special case of future law enforcement practice that needs clarification.

Special accounts for the state defense order how to spend money

• collection of the necessary package of documents;
• filling out the card with all the necessary signatures;
• certification of papers in accordance with established rules;
• submission of all documents and a correctly completed application.

To open a special system for state defense orders, banks must meet a number of requirements. After submitting all the necessary documents, the bank reviews the application and makes an appropriate decision.
In case of a positive answer, both parties conclude an agreement on opening a special account.

How not to make a mistake when working with a special account for the state defense order

Attention How to open a special account correctly Opening a special account for the state defense order is possible in banks that meet a number of specific requirements:

• the presence of property capital of at least 100 billion rubles in total turnover;
• the share of the authorized capital is not less than 50%;
• the work of the bank is absolutely legal and has supporting documents in the form of an issued license, as well as approval from the state;
• awareness of the implementation of activities that have secret developments;
• no special requirements for opening an account.

The above conditions are mandatory for registration of the procedure. Therefore, before opening a special account, it is necessary to carefully familiarize yourself with all the conditions of the bank regarding this issue.

Important The State Defense Order has serious requirements for opening a bank account for the further spending of the transferred funds in accordance with the intended purpose. In case of violation of the presented conditions, the following penalties are provided:

• failure to perform work or rendered service involves the imposition of a fine in the amount of one million rubles in accordance with Article 15.14;
• the use of the funds provided for other purposes in the amount of 5–25% of the amount allocated by the state to ensure the state defense order;
• improper conduct of activities on expenses from a special account requires payment of a fine in the amount of 500–1,000,000 rubles.

The above violations are a gross violation of the law, therefore their observance is inviolable for the implementation of the correct legal relations between the contractor, the customer and the state.

InfoLaw No. 275-FZ of December 29, 2012. tightened the requirements for placing a state defense order, as well as for settlements between the participants in such a contract. All payments must be made exclusively through special bank accounts (SBS) operating in the general mode.
You can open it not in every bank, but only in an authorized banking organization. In the article, we will consider the features of reserving special accounts, as well as the requirements for monetary transactions under the state defense order.
Special account for the state defense order A special settlement account for the state defense order is a special account with an authorized banking organization opened by the head executor, which, in turn, has concluded a contract with the Russian Ministry of Defense for the execution of the defense order.

What is a special account for the state defense order

• What operations are prohibited from being carried out A wide list of prohibited operations on special accounts for the defense order has been established (Article 8.4 of Law No. 275-FZ). These include settlements on loans and borrowings that were registered for the organization by the contractor.

  Money for the fulfillment of a defense order cannot be donated or transferred to charitable foundations or individuals. Buying foreign currency, precious metals or securities is also illegal.

1. The spending of the target money is carried out only with the indication of the identifier of the state contract (GCC).

   Special account for the state defense order in the bank - what is it

   The GCI should be indicated in the order (payment order, application for cash expenses, etc.) for debiting.

2. Write-offs are made only to special accounts for the defense order, so all parties to the contract must have such accounts open.
   There are exceptions in paragraphs. a-h h. 2 p. 1 art. 8.3 of Law No. 275-FZ.
3. The Bank has the right to suspend operations on special accounts in order to collect fines, penalties, forfeits and other sanctions (Art.

Law No. 275-FZ of December 29, 2012. tightened the requirements for placing a state defense order, as well as for settlements between the participants in such a contract. All payments must be made exclusively through special bank accounts (SBS) operating in the general mode. You can open it not in every bank, but only in an authorized banking organization. In the article, we will consider the features of reserving special accounts, as well as the requirements for monetary transactions under the state defense order.

Special account for the state defense order

A special settlement account for the state defense order is a special account with an authorized banking organization opened by the head executor, which, in turn, has entered into a contract with the Russian Ministry of Defense for the execution of a defense order. This is necessary to ensure the security and transparency of payments under the defense order between the parties to the contract, as well as to exercise control over the targeted use of budget money by the state.

Article 8.1 of Law No. 275-FZ establishes special criteria for banks that are entitled to service special accounts. To date, the following requirements have been met:

1. PJSC "Bank" Saint-Petersburg".
2. JSCB "NOVIKOMBANK"
3. PJSC "Sberbank"
4. Bank GPB (JSC).
5. VTB Bank (PJSC).
6. JSC "AB" RUSSIA ".
7. JSC Rosselkhozbank.

Each bank, in turn, establishes individual rules for opening and reserving settlement BS for a defense order.

10 important nuances of working with special accounts

So, for example, you can reserve an account with Sberbank for the state defense order online. To do this, it is enough to enter the registration data of the company (OGRN and TIN, form of ownership), indicate the identifier of the state contract, enter the mobile phone number and email address. Within 5 working days, you should confirm the procedure for opening a special account at a bank branch by submitting a complete package of supporting documentation. Otherwise, Sberbank will cancel the reservation of the state defense order account, and return the funds received to the senders.

And when VTB reserves the state defense order account, any operations (receipt or write-off) become available only after the official conclusion of the contract.

Special accounts for the state defense order, how to spend money

A special regime has been established for settlements to secure a defense order. The rules are regulated in Article 8.3 of Law No. 275-FZ. The main instructions are:

1. The contractor has the right to spend funds from a special current account only for advances for services, goods, work, or for meeting needs for the implementation of a state defense contract.
2. The spending of the target money is carried out only with the indication of the identifier of the state contract (GCC). The GCI should be indicated in the order (payment order, application for cash expenses, etc.) for debiting.
3. Write-offs are made only to special accounts for the defense order, so all parties to the contract must have such accounts open. There are exceptions in paragraphs. a-h h. 2 p. 1 art. 8.3 of Law No. 275-FZ.
4. The Bank has the right to suspend operations on special accounts in order to collect fines, penalties, forfeits and other sanctions (Article 76 of the Tax Code of the Russian Federation).
5. Closing of the account is carried out by the bank after receiving a notification from the Ministry of Defense of Russia (customer) on the execution of the state contract.

What operations are prohibited

A wide list of prohibited operations on special accounts for the defense order has been established (Article 8.4 of Law No. 275-FZ). These include settlements on loans and borrowings that were registered for the organization by the contractor. Also, targeted funds cannot be loaned or invested in the authorized capital of a third-party company.

Any transfers to individuals are prohibited, except for wages and insurance premiums for hired workers or compensation. Money for the fulfillment of a defense order cannot be donated or transferred to charitable foundations or individuals.

Buying foreign currency, precious metals or securities is also illegal. But you can place targeted funds on a deposit, but the deposit must be opened in the same authorized bank and on the condition that interest from the money turnover will be credited to this special account.

Funds for the implementation of a state defense contract cannot be used as security for the fulfillment of obligations, including under treaties, agreements and contracts.

controversial issues

Can the executing organization replenish the special account on its own?

Maybe. The organization needs to replenish the account with its own money in the case of settlements with an authorized bank for servicing this special account. It is impossible to spend target money on banking services.

Enforcement proceedings have been initiated against the performer. Can a bank write off funds from a special account on a writ of execution?

If the state is the exactor, then the writ of execution will be satisfied (clauses in clause 9 of article 8.4 of Law No. 275-FZ). In other cases, the write-off will be illegal.

A hired specialist requires compensation for expenses for renting a dwelling, is it possible to pay with targeted funds from the state defense order?

No. Payment for travel and housing for employees with funds to secure such a contract is unacceptable (clause B, clause 3, article 8.4 of Law No. 275-FZ).

Organizations carrying out the state defense order are obliged to act strictly within the framework of the current legislation. This also applies to mutual settlements between state customers, prime contractors and contractors. For these purposes, a separate current account under the state defense order is opened in an authorized bank. In this article, we will look at why it is needed and how to use it.

Why you need a separate account

According to the provisions of Federal Law No. 275 of December 29, 2012, a separate nominal account is an account that is opened for the head contractor (clause 7 of part 1 of article 7.1), the contractor (clause 7 of part 2) in an authorized bank for mutual settlements under the state defense order on the basis of the conditions prescribed in the state (each) contract.

In accordance with the norms of 275-FZ, an authorized bank is a bank established in accordance with the legislation of the Russian Federation, which is chosen by the head executor. The Bank of Russia posts a list of relevant banks on its website on a monthly basis. One of the institutions that provide banking support for the state defense order is Sberbank, reserving a separate settlement account for the state defense order is one of the services that can be used online.

All funds transferred to the contractor by the state customer are targeted and intended directly for the costs of the state defense order.

Work with special accounts under the state defense order

If the funds are used for other purposes, certain sanctions may be imposed on the supplier. Thus, a separate bank account for the state contract is opened for settlements between the state customer and the main contractor. The OS is closed immediately after the confirmation of the full execution of the state contract is submitted to the authorized bank.

Do's and Don'ts

Funds are debited only if the state contract identifier is indicated in the order and only to the OS.

Exceptions to this rule are the following cases:

• transfer of insurance premiums, tax payments, fees, customs duties and other expenses intended for payment to the budget of the Russian Federation;
• payment of costs for the purchase of goods, works, services subject to state regulation in accordance with the list approved by the Government of the Russian Federation;
• mutual settlements with non-residents directly involved in the supply of goods, works, services under the state defense order;
• transfer of profit, the amount of which is provided for by the terms of the state contract, upon its execution and submission to the authorized bank of the act of acceptance and transfer of the work performed;
• calculations for other expenses not exceeding three million rubles per month.

According to the OS, it is prohibited to carry out the following types of movements:

• the provision of credit services, the provision of loans and various kinds of loans;
• return of amounts on the above operations and interest on them;
• settlements with individuals;
• other operations under Art. 8.4 275-FZ.

From a separate account, you can transfer amounts for wages, subject to the condition of simultaneous payment of the relevant accruals for wages, as well as for the payment of compensation to employees in accordance with the Labor Code of the Russian Federation. According to the Letter of the Ministry of Finance of Russia No. 03-04-06 / 15565, the one who executes the state defense order can use the fixed assets for calculations, deductions and transfers to the budget of personal income tax from income received in the form of wages.

Authorized banks conclude certain types of bank account agreements, according to which the fixed assets are opened for the production of operations under the state defense order. MBs also have the right to temporarily suspend fixed asset transactions in agreement with the authorized financial control body in cases where a certain transaction meets the criteria regulated in the instruction of the Central Bank of the Russian Federation dated July 15, 2015 No. 3729-U.

Separate special accounts for the state defense order. Application of the government contract identifier when using labeled money. Features of banking support for a military order by authorized banks.

Digits 1 and 2 of the IGK code are the last two digits of the year the state contract was concluded.
Digits 3 and 4 of the IGK code are the last two digits of the year the state contract was executed.
Digits 5, 6 and 7 of the IGK code - identification code of the state customer.
Digit 8 of the GCI code (numbers from 1 to 9) is the code for the method for determining the performer. For example, purchasing from a single supplier or a competitive procurement method.
Digits 9, 10, 11 and 12 of the IGK code - the serial number of the state contract. The main manager of budgetary funds in relation to each state customer within the calendar year applies a continuous numbering of contracts.
Digit 13 of the IGC code (numbers from 1 to 3) - code of the type of price at the time of the conclusion of the contract (approximate (specified) price, fixed price, cost-reimbursing price).
Digits from 14 to 25 of the GCI code (numbers from 0 to 9). Each state customer independently determines the use of these categories.

Working with a special account under the state defense order

If some digits in the code are not used, then they are filled with zeros.

GCI encoding example

By the identifier of the state contract, you can determine that:
This contract was concluded in 2016 and is valid until 2022.
The state customer is the Russian Ministry of Defense.
The purchase was carried out from a single supplier, determined by the decree of the President or the order of the Government of the Russian Federation.
This is the first contract of this government customer this year.
At the conclusion of the contract, an approximate (specified) price is determined.
Digits 14 - 25 of the IGK code were not used by the state customer.

Special accounts (separate accounts) for contracts of the State Defense Order

In accordance with Law 275-FZ, for each GOZ contract, customers and contractors are required to open separate accounts, and the funds received on these special accounts can only be spent on the execution of a defense order, taking into account numerous innovations in banking support.
Separate accounts are nicknamed "special accounts", and the funds received on them, due to significant restrictions on their further use - "marked" or "marked" money.
Sometimes in contracts for the execution of the state defense order they write: “... a separate account in an authorized bank (hereinafter referred to as the “special account”) ...”.
The mode of using a separate account, established by Article 8.3 of the 275-FZ, provides for the transfer of funds only to special accounts of co-executors of the state defense order and when the state contract identifier (GCC) is indicated in the payment order.
However, the law also establishes exceptions that allow transferring money to other (not separate) accounts as part of the defense order. In particular, the Principal Contractor has the right to pay monthly expenses in the amount of up to five million rubles (amendment 275-FZ as amended on July 29, 2017), and co-executors of a lower level - up to three million rubles a month.
After the execution of the contract, it is possible to transfer from the special account to other accounts the profit and expenses for the formation of a stock of products, raw materials, materials, semi-finished products, components (“backlog”). At the same time, the amount of profit and the cost of the reserve are agreed by the parties even at the conclusion of the contract.
Confirmation of the validity of the "backlog" has a number of features.
The introduction of special accounts and banking support was announced back in mid-2015, but the issues of paying wages from special accounts, as well as the use of funds received under one defense contract to fulfill another defense order, have not yet been fully clarified.

Government Contract Identifiers (PCIs) on invoices

On July 1, 2017, Article 169 of the Tax Code was amended, according to which the invoices issued upon sale and upon receipt of payment, as well as in the adjustment invoice, indicate information about the identifier of the state contract (GCI). Line 8 "Identifier of the state contract, contract (agreement)" was introduced in the invoice form.
The organization completes this line if it has the relevant information.
In the letter of the Ministry of Finance dated September 8, 2017 No. 03-07-09 / 57870 on filling out an invoice in the absence of a government contract, it is explained that the failure to put a dash in line 8 of the invoice and line 5 of the corrective invoice due to the absence of a government contract, contract (agreement) cannot be the basis for refusal to accept VAT amounts for deduction.

Banking support of the defense order

Banking support of the state defense order is carried out by authorized banks. Such a bank must have a license to carry out work related to the use of information constituting a state secret.
Initially, five authorized banks were identified for the defense industry: GazpromBank (GPB), VTB Bank, Sberbank, Bank of Moscow and Rosselkhozbank. By Government Decree No. 1702-r dated September 1, 2015, the number of banks accompanying defense contracts under 275-FZ has been increased to nine. These included Vnesheconombank (VEB), Bank of Russia, Russian Capital and Novikombank.
By Government Decree No. 1135-r dated June 3, 2016, the composition of “defense” banks was changed once again.
The current list of authorized banks is published on the Internet on the official website of the Bank of Russia. As of April 18, 2017, this list includes eight banks: JSC JSB ROSSIYA, Bank GPB (JSC), PJSC Bank Saint Petersburg, VTB Bank (PJSC), PJSC Sberbank, JSCB NOVIKOMBANK , VBRR Bank (JSC) and Rosselkhozbank JSC.

Reservation and opening of an account for the State Defense Order

The head executor selects an authorized bank separately for each state contract. All executors of the defense order, included in the cooperation under this state contract, reserve and open special accounts in the bank chosen by the "smut".
A separate account for the contractor of the defense order is opened upon the availability of a complete package of documents, in particular, a signed agreement with the customer, the number of which includes the GCC of the state contract and the number of the special account that has not yet been opened. In order to eliminate this contradiction, authorized banks reserve the number of a new separate GOZ account with its subsequent full opening upon submission of a complete set of documents. After the authorized bank receives a notification from the state customer about the execution of the state contract, the special accounts are subject to closure by the executors.

IGK of individual special accounts of the GOZ. IGK encoding. "Tagged" money on "colored" accounts. How to pay salaries from special accounts? Is it possible to use the money that came from one defense order for other orders?

What is a special account for the state defense order? Can I use a regular bank account? What are the requirements for special accounts? How can I spend money on this account? Read on.

There are many nuances around 275-FZ that all participants in the State Defense Order must comply with. This has its pros and cons. Since this law was created to make purchases for the needs of the Russian army, and the requirements are more stringent for participants: from requirements in procurement documentation, licenses to acceptance of goods and payment for them. To become a member of the state defense order, you need to go through a complex procedure for obtaining various permits, accreditation at a specialized site, and opening special accounts. But as a result, such a participant will receive a huge benefit for himself and professional authority.

Having drawn conclusions from all that has been said, the supplier needs to open a special account to participate in tenders for the state defense order. How to do this, we will understand below.

What is a special account for the state defense order

This is a special bank account that a participant in the procurement under the State Defense Order opens to participate in tenders and conclude contracts with the Ministry of Defense of the Russian Federation, as well as the Ministry of Emergency Situations, the Federal Security Service, the Ministry of Internal Affairs and the Federal Penitentiary Service.

Not every bank can open such a special account. The list of authorized banks licensed for such accounts is posted on the website of the Central Bank of the Russian Federation, which can be studied and viewed. Bank information is updated monthly.

Important: Study the list of banks that open special accounts, evaluate the conditions of each of the authorized banks, and only then choose the one that suits you.

How to open a special account for the state defense order

Each authorized bank has its own conditions and requirements for opening special accounts under the state defense order. But such conditions are regulated by the instructions of the Central Bank of the Russian Federation (Instruction No. 153-I of May 30, 2014).

How to use the money on the special account under the state defense order The main question of all participants in the tenders for the state defense order is how to use the money on the special account? And for what needs they can be spent? The supplier does not have many opportunities to spend money from the special account. Funds can be spent on the needs of a specific state defense order.

Let's analyze a few situations when you can spend money from a special account, and when you can't.

When can you spend state defense order money

You can spend money to pay taxes on a specific state defense order contract. You can also pay advances to subcontractors under the contract. Pay salaries to your staff for work under the contract, for advertising and the purchase of railway tickets (Order No. 259 n of December 11, 2018).

Important
All funds on a special account can be spent only on permitted operations under a specific state defense order, and in all operations with a special account, the purpose of payments must be specified in detail. And also you need to indicate the number of the contract identifier in all payment documents.

When You Can't Spend State Defense Order Money

You can't spend money on:

• issuance of loans to other organizations;
• repayment of loans, unless these are loans under a specific state defense order;
• transfer of funds to individuals without justification;
• contribution to the capital of other legal entities;
• donations and charitable contributions;
• foreign currency and various securities, jewelry and coins;
• agreements on assignment (assignment) of the right of claim;
• enforcement of the contract.

If money from a special account under the state defense order is used for such or other purposes, then operations on the account may be suspended.

As a result, it is opened only in order to make mutual settlements between the customer and the supplier within the framework of a specific defense order.

When will the special account for the state defense order be closed

The special account is closed by the authorized bank as soon as it receives notification from the customer that the contract has been executed and closed. There are cases when the contract is executed, but the authorized bank has not received a notification from the customer. But there is still unused money on the special account, how should suppliers be in this situation? In this case, this money can be spent on permitted operations on a special account (for example, on the payment of labor to the supplier's employees).

Participation in tenders for the state defense order looks difficult from the outside. But in reality, all procedures are similar to ordinary public procurement under 44-FZ. The only difference will be high control and the procedure for obtaining and using funds under the state defense order.

This innovation came with changes that came into force on 07/01/2018. This is a regular current account on which the bank blocks or withdraws money upon circulation of any of the eight ETPs for trading under 44-FZ. It is used by participants in public procurement from the supplier. And they came up with it to simplify the process of securing applications during competitive bidding, in electronic competitions and auctions.

About how to open special accounts for accounting for government orders, what it is and how to work with it, they told in the video.

• how to work with a special account under 44-FZ and 223-FZ in 2020;
• how to open a special account .

Video instruction: "How to open a special account"

Is it necessary to open

In Art. 44-FZ states that a special account for bidding is a tool that helps secure an application. Therefore, if you participate exclusively in tenders without security, you can not open it. Recall that from 07/01/2018 the customer has the right, but is not obliged to demand to secure the application if the NMCC does not exceed 1 million rubles.

If you participate in competitions and provide a bank guarantee as a security for your application, then from 07/01/2019 it has become possible again.

If you participate in public procurement with a starting price of up to a million and are going to transfer the winning fee to the bank details of the site, then you will do without a special account.

When they started to open

The new system is already in operation.

Officially open a special account to secure government contracts from 08/31/2018. And keep in mind that not all banks were ready for this. On August 31, we tried to open special accounts with the two largest banks. Sberbank offered to open a regular settlement, and subsequently sign an additional agreement that would allow it to be used to participate in the auction. But VTB opens a full-fledged special account. At the end of the article, download the necessary documents. We attach them as an example of how the procedure is documented.

According to the Ministry of Finance, as of October 25, 2019, 307,947 of them were opened.

Which bank to contact

Government Decree No. 1451-r dated July 13, 2018 approved a closed list of banks in which they were allowed to open a special account:

1. Sberbank.
2. Gazprombank.
3. Russian Agricultural Bank.
4. Alfa Bank.
5. Credit Bank of Moscow.
6. Opening.
7. Raiffeisenbank.
8. Rosbank.
9. All-Russian Bank for Regional Development.
10. Promsvyazbank.
11. Russia.
12. St. Petersburg.
13. Sovcombank.
14. Russian National Commercial Bank.
15. UniCredit.
16. Renaissance.
17. Tinkoff.
18. AK BARS.
19. Northern Sea Route.
20. Novikombank.
21. Home Credit and Finance.
22. Russian Bank for Support of Small and Medium Enterprises.
23. DOM.RF.

If the bank is not on the list from government order No. 1451-r dated 07/13/2018, a special account will not be opened in it!

I already have an account with one of the banks in the list. open a separate one?

In this case, you do not need to open a separate one. Use the available settlement. To do this, sign an additional agreement with the bank (Government Decree No. 626 of 05/30/2018).

How much to open

One special account is enough to participate in public procurement. Electronic platforms have signed agreements on interaction with each of the banks from the order 1451-r. This is one of the advantages of the innovation: now they do not hold money on several electronic platforms. One account is used for all trades.

It is not forbidden to have them in several banks. This confirms the position of the Ministry of Finance.

When will the money be blocked?

In part 20 of Art. 44 44-FZ, it is indicated when money is blocked on the special account 44 FZ - this will happen within an hour after the deadline for accepting applications. The exact time is set by the customer.

An important nuance of the work follows from this - it is not necessary to have the entire amount of the application security at the time of its submission. Make sure you have enough money by the time the applications close. Otherwise, the application will be automatically rejected, and it will not be possible to resubmit it.

Do you use a separate special account for trading and replenish it as needed from the current account? Remember that it takes up to 3 working days for the actual receipt of money! Please take this into account when planning operations.

When will the money be unlocked?

Within one business day after:

• the application was rejected;
• the participant did not submit a single offer during the auction;
• the participant did not pass the pre-qualification selection;
• the participant was suspended from participation;
• the contract was signed, minus the payment for the victory.

Instructions on how to withdraw money from a special account back to a current account differ in different banks. Here, for example, is the instruction of Tinkoff Bank on how to return money from a special account to a settlement account:

1. Log in to your personal account.
2. Make sure the money is unlocked.
3. Select the operation "Transfer between accounts".
4. Enter your account number.
5. Transfer money from special to settlement.

Do banks charge interest?

There are banks that charge interest on the amount that is on a special account to secure applications in electronic procedures. The amount of interest depends on the bank, it is prescribed in the contract or additional agreement.

Is the victory fee deducted from a separate account?

Work with special accounts for government orders also consists in paying for the victory. If the winner has a special account, then the money for the victory will be withdrawn from it. If not, the electronic platform will require you to transfer the required amount to a bank account.

This issue is regulated by art. 52 GRK RF

GRK RF Article 52

1. Construction, reconstruction of capital construction projects, as well as their overhaul is regulated by this Code, other federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them.

2. Works under agreements on construction, reconstruction, overhaul of capital construction objects concluded with the developer, technical customer, the person responsible for the operation of the building, structure, regional operator (hereinafter also referred to as the construction contract) must be carried out only by individual entrepreneurs or legal entities. persons who are members of self-regulatory organizations in the field of construction, reconstruction, overhaul of capital construction facilities, unless otherwise provided by this article. Construction, reconstruction, overhaul of capital construction projects under such contracts is carried out by specialists in the organization of construction (chief project engineers). Work under agreements on construction, reconstruction, overhaul of capital construction facilities concluded with other persons may be performed by individual entrepreneurs or legal entities that are not members of such self-regulatory organizations.

(see text in previous edition)

2.1. An individual entrepreneur or a legal entity that is not a member of self-regulatory organizations in the field of construction, reconstruction, overhaul of capital construction facilities may perform work under construction contracts concluded with the developer, technical customer, the person responsible for the operation of the building, structure, regional operator, if the amount of obligations under each of such contracts does not exceed three million rubles.

2.2. Membership in self-regulatory organizations in the field of construction, reconstruction, overhaul of capital construction projects is not required:

1) state and municipal unitary enterprises, including state and municipal state-owned enterprises, state and municipal institutions in the event that they conclude construction contracts with federal executive authorities, state corporations exercising legal regulation in the relevant area, state authorities of subjects of the Russian Federation, by the local government bodies in charge of such enterprises, institutions, or if such enterprises, institutions perform the functions of a technical customer on behalf of the indicated federal executive authorities, state corporations, state authorities of the constituent entities of the Russian Federation, local governments;

2) commercial organizations, in the authorized (share) capitals of which the share of state and municipal unitary enterprises, state and municipal autonomous institutions is more than fifty percent, in the event that such commercial organizations conclude construction contracts with these enterprises, institutions, as well as with federal executive bodies authorities, state corporations, state authorities of the constituent entities of the Russian Federation, local governments, which are provided for in paragraph 1 of this part and which are in charge of the specified enterprises, institutions, or in the case of such commercial organizations performing the functions of a technical customer on behalf of the specified enterprises, institutions, federal bodies executive power, state corporations, public authorities of the constituent entities of the Russian Federation, local governments;

3) legal entities created by public legal entities (with the exception of legal entities provided for in paragraph 1 of this part), in the event that these legal entities conclude construction contracts in established areas of activity (in areas for the purpose of carrying out activities in which such legal entities are created) , as well as commercial organizations, in the authorized (share) capitals of which the share of these legal entities is more than fifty percent, in the event that such commercial organizations conclude construction contracts with the specified legal entities or if such commercial organizations perform the functions of a technical customer on behalf of the specified legal entities ;

4) legal entities, in the authorized (share) capitals of which the share of public legal entities is more than fifty percent, in the event that these legal entities conclude construction contracts with federal executive authorities, state authorities of the constituent entities of the Russian Federation, local governments, within the established in the areas of activity of which the said legal entities carry out statutory activities, or in the event that the said legal entities perform the functions of a technical customer on behalf of these federal executive authorities, state authorities of the constituent entities of the Russian Federation, local governments, as well as commercial organizations, in authorized (share) capital where the share of the said legal entities is more than fifty percent, in the event that such commercial organizations conclude construction contracts with the said federal executive bodies, state authorities of the constituent entities of the Russian Federation, local authorities, legal entities or, in the event that such commercial organizations perform the functions of a technical customer on behalf of the indicated federal executive authorities, state authorities of the constituent entities of the Russian Federation, local authorities, legal entities;

(see text in previous edition)

3. The person carrying out the construction, reconstruction, overhaul of a capital construction object (hereinafter referred to as the person carrying out the construction) may be a developer or an individual entrepreneur or a legal entity that has entered into a building contract. The person carrying out the construction ensures compliance with the requirements of project documentation, technical regulations, safety precautions in the process of these works and is responsible for the quality of the work performed and their compliance with the requirements of the project documentation and (or) information model (if the formation and maintenance of the information model are mandatory in accordance with the requirements of this Code).

(see text in previous edition)

3.1. The developer has the right to carry out construction, reconstruction, overhaul of capital construction objects independently, provided that he is a member of a self-regulatory organization in the field of construction, reconstruction, overhaul of capital construction objects, unless otherwise provided by this article, or with the involvement of other persons under a building contract .

(see text in previous edition)

3.2. In the event that a permit is issued for certain stages of construction, reconstruction of capital construction projects, individual entrepreneurs or legal entities that are members of a self-regulatory organization in the field of construction, reconstruction of capital construction facilities (unless otherwise provided by this article), may be involved by the developer or technical customer on the basis of a construction contract. contract for the implementation of individual stages of construction, reconstruction of a capital construction facility.

(see text in previous edition)

4. When carrying out construction, reconstruction, overhaul of a capital construction object on the basis of a construction contract with a developer or technical customer, a person responsible for the operation of a building, structure, a regional operator, these persons must prepare a land plot for construction and (or) a capital construction object for reconstruction or overhaul, as well as transfer to an individual entrepreneur or legal entity with whom such an agreement is concluded, materials and results of engineering surveys, project documentation, construction permit. If it is necessary to stop work or suspend it for more than six months, the developer or technical customer must ensure the conservation of the capital construction object.

(see text in previous edition)

5. If, in accordance with this Code, during the construction, reconstruction of a capital construction object, state construction supervision is provided, the developer or technical customer in advance, but not later than seven working days before the start of construction, the reconstruction of the capital construction object must be sent to authorized exercising state construction supervision a federal executive body, an executive body of a constituent entity of the Russian Federation or the State Atomic Energy Corporation "Rosatom" (hereinafter also referred to as state construction supervision bodies) a notice of the commencement of such work, to which the following documents are attached:

(see text in previous edition)

1) a copy of the building permit;

2) project documentation in full, and in cases of issuing a permit for a separate stage of construction, reconstruction in the amount necessary for the implementation of the corresponding stage of construction;

(see text in previous edition)

3) a copy of the document on the placement of indentation lines from the red lines on the terrain;

4) general and special journals in which records are kept of the performance of work;

5) a positive conclusion of the examination of the design documentation in the event that the design documentation of the capital construction object is subject to examination in accordance with Article 49 of this Code.

(see text in previous edition)

5.1. The person carrying out the construction has the right not to submit the documents provided for in clauses 1 and 5 of part 5 of this article. In this case, the state construction supervision authorities independently request these documents (the information contained in them) from the authority that issued the construction permit.

(see text in previous edition)

5.2. In the event that changes are made to the project documentation that has received a positive conclusion from the examination of the project documentation, in accordance with parts 3.8 and 3.9 of Article 49 of this Code, after obtaining a permit for the construction of a capital construction facility, the developer or technical customer no later than ten working days from the date of approval of such changes in accordance with parts 15.2 and 15.3 of Article 48 of this Code shall send them to the bodies of state construction supervision.

5.3. In cases established by the Government of the Russian Federation, the documents (their copies or information contained in them) specified in paragraphs 1-5 of part 5 of this article are provided by the developer or technical customer in the form of an information model.

6. The person carrying out the construction is obliged to carry out the construction, reconstruction, overhaul of the capital construction object in accordance with the design assignment, project documentation and (or) information model (if the formation and maintenance of the information model are mandatory in accordance with the requirements of this of the Code), the requirements for the construction, reconstruction of a capital construction facility established as of the date of issue of the urban planning plan of the land plot submitted for the construction permit, the permitted use of the land plot, the restrictions established in accordance with the land and other legislation of the Russian Federation, the requirements of technical regulations and when to ensure the safety of work for third parties and the environment, the fulfillment of labor safety requirements, the preservation of cultural heritage sites. The person carrying out the construction is also obliged to provide access to the territory where the construction, reconstruction, overhaul of the capital construction facility is carried out, representatives of the developer, technical customer, the person responsible for the operation of the building, structure, or regional operator, state construction supervision bodies, provide them the necessary documentation, carry out construction control, ensure the maintenance of as-built documentation, notify the developer, technical customer, the person responsible for the operation of the building, structure, or regional operator, representatives of state construction supervision authorities about the deadlines for completion of works that are subject to verification, ensure the elimination of identified deficiencies and not to proceed with the continuation of work until the drawing up of acts on the elimination of identified shortcomings, to ensure control over the quality of the building materials used.

(see text in previous edition)

7. Deviation of the parameters of the capital construction object from the design documentation, the need for which was revealed in the process of construction, reconstruction, overhaul of such an object, is allowed only on the basis of the newly approved developer, technical customer, the person responsible for the operation of the building, structure, or the regional operator of the project documentation after making appropriate changes to it in accordance with this Code, including in the manner prescribed by parts 3.8 and 3.9 of Article 49 of this Code.

(see text in previous edition)

8. In case of discovery of an object that has the characteristics of a cultural heritage object in the process of construction, reconstruction, major repairs, the person carrying out the construction must suspend construction, reconstruction, major repairs, notify the bodies provided for by the legislation of the Russian Federation on cultural heritage objects about the discovery of such an object.

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2.2. Membership in self-regulatory organizations in the field of construction, reconstruction, overhaul of capital construction projects is not required: authorities, state corporations exercising legal regulation in the relevant area, state authorities of the constituent entities of the Russian Federation, local authorities in charge of such enterprises, institutions, or if such enterprises, institutions perform the functions of a technical customer on behalf of these federal bodies executive power, state corporations, public authorities of the constituent entities of the Russian Federation, local governments; 2) commercial organizations, in the authorized (share) capitals of which the share of state and municipal unitary enterprises, state and municipal autonomous institutions is more than fifty percent, in the event that such commercial organizations conclude construction contracts with these enterprises, institutions, as well as with federal executive bodies authorities, state corporations, public authorities of the constituent entities of the Russian Federation, local governments, which are provided for in paragraph 1 of this part and which are in charge of the specified enterprises, institutions, or in the case of such commercial organizations performing the functions of a technical customer on behalf of the specified enterprises, institutions, federal executive bodies authorities, state corporations, public authorities of the constituent entities of the Russian Federation, local governments; 3) legal entities established by public legal entities (with the exception of legal entities provided for in paragraph 1 of this part), in the event that these legal entities conclude construction contracts in established areas of activity (in areas for the purpose of carrying out activities in which such legal entities are created), as well as commercial organizations, in the authorized (share) capitals of which the share of these legal entities is more than fifty percent, in the event that such commercial organizations conclude construction contracts with the specified legal entities or if such commercial organizations perform the functions of a technical customer on behalf of the specified legal entities; 4) legal entities, in the authorized (share) capitals of which the share of public legal entities is more than fifty percent, in the event that these legal entities conclude construction contracts with federal executive authorities, state authorities of the constituent entities of the Russian Federation, local governments, within the established in the areas of activity of which the said legal entities carry out statutory activities, or in the event that the said legal entities perform the functions of a technical customer on behalf of these federal executive authorities, state authorities of the constituent entities of the Russian Federation, local governments, as well as commercial organizations, in authorized (share) capital where the share of the said legal entities is more than fifty percent, in the event that such commercial organizations conclude construction contracts with the said federal executive bodies, state authorities of the constituent entities of the Russian Federation, local authorities, legal entities or, in the event that such commercial organizations perform the functions of a technical customer on behalf of the indicated federal executive authorities, state authorities of the constituent entities of the Russian Federation, local authorities, legal entities; 5) persons engaged in construction, reconstruction, overhaul of facilities specified in paragraphs 1-3 of part 17 of Article 51 of this Code.