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Housing Code of the Russian Federation. Formation of a fund for overhaul on the regoperator's account Functions of a regional operator

Article 180. Functions of the regional operator

checked today
code from 12.01.2019
entered into force on 01.03.2005

There are no new revisions of the article that have not entered into force.

Compare with the revision of the article from 04.07.2016 30.06.2015 30.12.2013 01.03.2005

The functions of the regional operator are:

1) accumulation of contributions for capital repairs paid by the owners of premises in apartment buildings, in respect of which capital repair funds are formed on the account of the regional operator;
2) opening special accounts in their own name and performing transactions on these accounts if the owners of premises in an apartment building at a general meeting of owners of premises in an apartment building have chosen a regional operator as the owner of a special account. The regional operator does not have the right to refuse the owners of premises in an apartment building to open such an account in their own name;
3) performing the functions of a technical customer for capital repairs of common property in apartment buildings, the owners of the premises in which form capital repair funds on the account of the regional operator;
4) financing of expenses for capital repairs of common property in apartment buildings, the owners of premises in which form capital repair funds on the account, accounts of the regional operator, within the funds of these capital repair funds with the attraction, if necessary, of funds received from other sources, including from the subject's budget Russian Federation and / or local budget;
5) interaction with state authorities of the constituent entity of the Russian Federation and local self-government bodies in order to ensure timely overhaul of common property in apartment buildings, the owners of premises in which form capital repair funds on the account of the regional operator;
6) other functions provided for by this Code, the law of the constituent entity of the Russian Federation and the constituent documents of the regional operator.

Purchases by a regional operator of goods, works, services in order to fulfill the functions of a regional operator established by part 1 of this article shall be carried out in the manner established by the Government of the Russian Federation. The specified procedure should provide for competitive methods for the regional operator to determine suppliers (contractors, performers), taking into account the increase in efficiency, effectiveness of procurement of goods, works, services, ensuring publicity, openness and transparency of such procurement, prevention of corruption and other abuses in the field of such procurement, audit and control over purchases, the procedure for the formation and maintenance of the register of unscrupulous contractors by the federal executive body authorized by the Government of the Russian Federation. Information on purchases by a regional operator of goods, works, services is placed in a single information system in the field of procurement of goods, works, services to meet state and municipal needs.

The procedure for a regional operator to perform its functions, including the procedure for financing the overhaul of common property in apartment buildings, is established by the law of a constituent entity of the Russian Federation.

The regional operator opens accounts with Russian credit institutions that meet the requirements established by the Government of the Russian Federation and are selected by it based on the results of a competition. The procedure and conditions for such a competition are determined by the Government of the Russian Federation. The provisions of this part also apply to the opening of special accounts by a regional operator in cases where the issue of choosing a Russian credit institution in which a special account will be opened, in accordance with paragraph 5 of part 4 of Article 170 of this Code, is considered transferred to the discretion of the regional operator.

A regional operator has the right to open accounts, with the exception of special accounts, in the territorial bodies of the Federal Treasury or financial bodies of the constituent entities of the Russian Federation, if this is provided for by the laws of the constituent entities of the Russian Federation.

New edition of Art. 180 LCD RF

1. The functions of the regional operator are:

1) accumulation of contributions for capital repairs paid by owners of premises in apartment buildings, in respect of which capital repair funds are formed on the account of the regional operator;

2) opening special accounts in their own name and performing transactions on these accounts if the owners of premises in an apartment building at a general meeting of owners of premises in an apartment building have chosen a regional operator as the owner of a special account. The regional operator does not have the right to refuse the owners of premises in an apartment building to open such an account in their own name;

3) performing the functions of a technical customer for capital repairs of common property in apartment buildings, the owners of the premises in which form capital repair funds on the account of the regional operator;

4) financing the costs of capital repairs of common property in apartment buildings, the owners of the premises in which form capital repair funds on the account, accounts of the regional operator, within the funds of these capital repair funds, with the attraction, if necessary, of funds received from other sources, including from the budget of the constituent entity of the Russian Federation and (or) the local budget;

5) interaction with state authorities of the constituent entity of the Russian Federation and local self-government bodies in order to ensure timely overhaul of common property in apartment buildings, the owners of the premises in which form capital repair funds on the account of the regional operator;

6) other functions provided for by this Code, the law of the constituent entity of the Russian Federation and the constituent documents of the regional operator.

2. The procedure for a regional operator to perform its functions, including the procedure for financing the overhaul of common property in apartment buildings, is established by the law of a constituent entity of the Russian Federation.

3. The regional operator opens accounts with Russian credit institutions that meet the requirements established by the Government of the Russian Federation, and are selected by it based on the results of a competition. The procedure and conditions for such a competition are determined by the Government of the Russian Federation. The provisions of this part also apply to the opening of special accounts by a regional operator in cases where the issue of choosing a Russian credit institution in which a special account will be opened, in accordance with paragraph 5 of part 4 of Article 170 of this Code, is considered transferred to the discretion of the regional operator.

4. A regional operator has the right to open accounts, with the exception of special accounts, in the territorial bodies of the Federal Treasury or financial bodies of the constituent entities of the Russian Federation, if this is provided for by the laws of the constituent entities of the Russian Federation.

New edition of Art. 178 ZhK RF

1. A regional operator is a legal entity created in the organizational and legal form of a foundation.

2. A regional operator is created by a constituent entity of the Russian Federation, and it can create several regional operators, each of which operates on a part of the territory of such a constituent entity of the Russian Federation.

2.1. A regional operator cannot be declared insolvent (bankrupt). The constituent entity of the Russian Federation, as the founder of a regional operator, is not entitled to make a decision on its liquidation.

3. The activities of the regional operator are carried out in accordance with federal laws and other regulatory legal acts of the Russian Federation, taking into account the specifics established by this Code, laws adopted in accordance with it and other regulatory legal acts of the constituent entity of the Russian Federation.

4. A regional operator is not entitled to create branches and open representative offices, as well as create commercial and non-commercial organizations, participate in the authorized capital of business companies, property of other commercial and non-commercial organizations, except for the cases provided for in part 4.2 of this article.

4.1. Abolished.

4.2. Regional operators, in order to represent and protect their common interests, coordinate their activities, join efforts to improve the efficiency of their activities and other purposes related to their activities as regional operators that do not contradict federal laws and have a non-commercial nature, have the right to create associations and unions of regional operators, be members of such associations, unions. A regional operator has the right to be a member of a self-regulatory organization if such membership is due to the need for the regional operator to carry out certain types of activities in order to perform the functions assigned to it.

5. Losses caused to the owners of premises in apartment buildings as a result of non-fulfillment or improper fulfillment by the regional operator of its obligations are subject to compensation in the amount of contributions made for capital repairs in accordance with civil law.

6. The constituent entity of the Russian Federation bears subsidiary responsibility for non-fulfillment or improper fulfillment by the regional operator of obligations to the owners of premises in apartment buildings.

7. Methodological support of the activities of regional operators (including the development of guidelines for the creation of a regional operator and ensuring its activities, control over the work of a regional operator in terms of organizing capital repairs of common property in apartment buildings, as well as in terms of financial control of activities, taking into account ensuring the publicity of the results of such control, the appointment of the head of the regional operator on a competitive basis, the development of recommended forms of reporting and the procedure for its submission) is carried out by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services.

Section 178. Legal status of the regional operator

1. A regional operator is a legal entity created in the organizational and legal form of a foundation.
2. A regional operator is created by a constituent entity of the Russian Federation, and it can create several regional operators, each of which operates on a part of the territory of such a constituent entity of the Russian Federation.
2.1. A regional operator cannot be declared insolvent (bankrupt). The constituent entity of the Russian Federation, as the founder of a regional operator, is not entitled to make a decision on its liquidation.
(Part 2.1 was introduced by Federal Law No. 399-FZ of 20.12.2017)
3. The activities of the regional operator are carried out in accordance with federal laws and other regulatory legal acts of the Russian Federation, taking into account the specifics established by this Code, laws adopted in accordance with it and other regulatory legal acts of the constituent entity of the Russian Federation.
4. A regional operator is not entitled to create branches and open representative offices, as well as create commercial and non-commercial organizations, participate in the authorized capital of business companies, property of other commercial and non-commercial organizations, except for the cases provided for in part 4.2 of this article.

4.1. Abolished. - Federal Law of 03.07.2016 N 355-FZ.
4.2. Regional operators, in order to represent and protect their common interests, coordinate their activities, join efforts to improve the efficiency of their activities and other purposes related to their activities as regional operators that do not contradict federal laws and have a non-commercial nature, have the right to create associations and unions of regional operators, be members of such associations, unions. A regional operator has the right to be a member of a self-regulatory organization if such membership is due to the need for the regional operator to carry out certain types of activities in order to perform the functions assigned to it.
(Part 4.2 is introduced by Federal Law of June 29, 2015 N 176-FZ)
5. Losses caused to the owners of premises in apartment buildings as a result of non-fulfillment or improper fulfillment by the regional operator of its obligations are subject to compensation in the amount of contributions made for capital repairs in accordance with civil law.
(as amended by Federal Law of June 29, 2015 N 176-FZ)
6. The constituent entity of the Russian Federation bears subsidiary responsibility for non-fulfillment or improper fulfillment by the regional operator of obligations to the owners of premises in apartment buildings.
7. Methodological support of the activities of regional operators (including the development of guidelines for the creation of a regional operator and ensuring its activities, control over the work of a regional operator in terms of organizing capital repairs of common property in apartment buildings, as well as in terms of financial control of activities, taking into account ensuring the publicity of the results of such control, the appointment of the head of the regional operator on a competitive basis, the development of recommended forms of reporting and the procedure for its submission) is carried out by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services.
(as amended by Federal Laws of June 29, 2015 N 176-FZ, of 03.07.2016 N 355-FZ)

Article 178.1. Requirements for the head of a regional operator, a candidate for the position of the head of a regional operator

(introduced by the Federal Law of 03.07.2016 N 355-FZ)

1. The head of the regional operator is appointed on a competitive basis. An open competition for filling the position of the head of a regional operator is held in the manner established by a regulatory legal act of a constituent entity of the Russian Federation.
2. Circumstances preventing the appointment of the head of a regional operator are:

1) recognition by the court of a candidate for the position of the head of a regional operator incapacitated or partially incapacitated;
2) the specified person is registered in a narcological or neuropsychiatric dispensary in connection with treatment for alcoholism, drug addiction, substance abuse, chronic and protracted mental disorders.

3. The head of a regional operator, a candidate for the position of head of a regional operator is not allowed:

1) unreleased or outstanding conviction;
2) unfulfilled punishment for an administrative offense in the form of disqualification, regardless of the field of activity.

4. The head of a regional operator cannot be a deputy of a legislative (representative) body of a constituent entity of the Russian Federation, a deputy of a local self-government body, or a civil servant. A deputy of the legislative (representative) body of a constituent entity of the Russian Federation, a deputy of a local self-government body resigns his powers or termination of a service contract on the passage of civil service, dismissal from the civil service position being replaced and dismissal from the civil service of a candidate for the position of head of a regional operator, who has been recognized as the winner of an open competition for replacement the position of the head of a regional operator must be made within one month from the date of the relevant decision by the tender commission.
5. Verification of compliance with mandatory qualification requirements is carried out in the form of a qualification exam, which is carried out:

1) for a candidate for the position of the head of a regional operator - when holding an open competition for the said position;
2) for the head of a regional operator - at least once every three years starting from the moment of appointment.

6. Mandatory qualification requirements to the head of the regional operator, the candidate for the position of the head of the regional operator, the list of questions proposed to the head of the regional operator, the candidate for the position of the head of the regional operator on the qualification exam, the procedure for conducting the qualification exam and determining its results are approved by the federal executive body that carries out the functions of development and implementation state policy and legal regulation in the field of housing and communal services.

Section 179. Property of the regional operator

1. The property of a regional operator is formed at the expense of:

1) contributions of the founder;
2) payments by owners of premises in apartment buildings, which form capital repair funds on the account of the regional operator;
3) other sources not prohibited by law.

2. The property of a regional operator is used to perform its functions in the manner prescribed by this Code and other regulatory legal acts of the Russian Federation and adopted in accordance with this Code by the law of the constituent entity of the Russian Federation and other regulatory legal acts of the constituent entity of the Russian Federation.
3. Funds received by the regional operator from the owners of premises in apartment buildings, which form capital repair funds on the account of the regional operator, can only be used to finance the costs of capital repairs of common property in these apartment buildings. The use of these funds for other purposes, including the payment of administrative and business expenses of the regional operator, is not allowed. The regional operator has the right to place the temporarily free funds of the capital repair fund formed on the account of the regional operator in Russian credit institutions that meet the requirements established by Article 176 of this Code, in the manner and on the terms established by the Government of the Russian Federation. In this case, the income received from the placement of temporarily free funds can only be used for the purposes specified in part 1 of Article 174 of this Code.
(as amended by Federal Law of June 29, 2015 N 176-FZ)
4. Funds received by the regional operator from the owners of premises in some apartment buildings, which form capital repair funds on the account, the accounts of the regional operator, can be used on a returnable basis to finance capital repairs of common property in other apartment buildings, the owners of the premises in which also form funds overhaul on the account, accounts of the same regional operator. In this case, the law of a constituent entity of the Russian Federation may establish that such use of funds is allowed only if the said apartment buildings are located on the territory of a particular municipality or the territories of several municipal formations.
5. On cash received by the regional operator from the owners of premises in apartment buildings, which form capital repair funds on the account, the accounts of the regional operator, cannot be levied on the obligations of the regional operator, with the exception of obligations arising from contracts concluded on the basis of decisions of the general meeting of owners of premises in an apartment building the house specified in clause 1.2 of part 2 of article 44 of this Code, as well as contracts for the provision of services and (or) the performance of work on the overhaul of common property in this apartment building, concluded with contractors.
(Part 5 is introduced by Federal Law of June 29, 2015 N 176-FZ)
6. If the regional operator is declared bankrupt, the funds received by the regional operator from the owners of premises in apartment buildings that form capital repair funds on the account of the regional operator are not included in the bankruptcy estate.
(Part 6 is introduced by Federal Law of June 29, 2015 N 176-FZ)

Section 180. Regional operator functions

1. The functions of the regional operator are:

1) accumulation of contributions for capital repairs paid by owners of premises in apartment buildings, in respect of which capital repair funds are formed on the account of the regional operator;
2) opening special accounts in their own name and performing transactions on these accounts if the owners of premises in an apartment building at a general meeting of owners of premises in an apartment building have chosen a regional operator as the owner of a special account. The regional operator does not have the right to refuse the owners of premises in an apartment building to open such an account in their own name;
3) performing the functions of a technical customer for capital repairs of common property in apartment buildings, the owners of the premises in which form capital repair funds on the account of the regional operator;
4) financing the costs of capital repairs of common property in apartment buildings, the owners of the premises in which form capital repair funds on the account, accounts of the regional operator, within the funds of these capital repair funds, with the attraction, if necessary, of funds received from other sources, including from the budget of the constituent entity of the Russian Federation and (or) the local budget;
5) interaction with state authorities of the constituent entity of the Russian Federation and local self-government bodies in order to ensure timely overhaul of common property in apartment buildings, the owners of the premises in which form capital repair funds on the account of the regional operator;
6) other functions provided for by this Code, the law of the constituent entity of the Russian Federation and the constituent documents of the regional operator.

1.1. Purchases by a regional operator of goods, works, services in order to fulfill the functions of a regional operator established by part 1 of this article shall be carried out in the manner established by the Government of the Russian Federation. The specified procedure should provide for competitive ways for the regional operator to determine suppliers (contractors, performers), taking into account the increase in efficiency, effectiveness of procurement of goods, works, services, ensuring publicity, openness and transparency of such procurement, prevention of corruption and other abuses in the field of such procurement, audit and control over purchases, the procedure for the formation and maintenance of the register of unscrupulous contractors by the federal executive body authorized by the Government of the Russian Federation. Information on the procurement of goods, works, services by a regional operator is placed in a unified information system in the field of procurement of goods, works, services to meet state and municipal needs.
(Part 1.1 was introduced by Federal Law of June 29, 2015 N 176-FZ; as amended by Federal Law of 03.07.2016 N 355-FZ)
2. The procedure for a regional operator to perform its functions, including the procedure for financing the overhaul of common property in apartment buildings, is established by the law of a constituent entity of the Russian Federation.
3. The regional operator opens accounts with Russian credit institutions that meet the requirements established by the Government of the Russian Federation, and are selected by it based on the results of a competition. The procedure and conditions for such a competition are determined by the Government of the Russian Federation. The provisions of this part also apply to the opening of special accounts by a regional operator in cases where the issue of choosing a Russian credit institution in which a special account will be opened, in accordance with paragraph 5 of part 4 of Article 170 of this Code, is considered transferred to the discretion of the regional operator.
(as amended by Federal Laws of 29.06.2015 N 176-FZ, of 03.07.2016 N 355-FZ, of 20.12.2017 N 399-FZ)
4. A regional operator has the right to open accounts, with the exception of special accounts, in the territorial bodies of the Federal Treasury or financial bodies of the constituent entities of the Russian Federation, if this is provided for by the laws of the constituent entities of the Russian Federation.

Section 181. Formation of capital repair funds on the account of a regional operator

(as amended by Federal Law of June 29, 2015 N 176-FZ)

1. The owners of premises in an apartment building who have made a decision to form a capital repair fund on the account of a regional operator, as well as owners of premises in an apartment building who have not made a decision on the method of forming a capital repair fund, in the case provided for in part 7 of Article 170 of this Code, have rights and fulfill the obligations provided for in part 2 of this article, starting from the date determined in accordance with part 3 of Article 169 and part 5.1 of Article 170 of this Code, and the regional operator must fulfill the obligations to ensure the overhaul of common property in an apartment building, provided for in Article 182 of this Code, transfer, in the cases provided for by this Code, the funds of the capital repair fund to a special account or pay the owners of premises in an apartment building monetary funds corresponding to the shares of the indicated owners in the capital repair fund, using fulfill other obligations stipulated by this Code.
(as amended by Federal Law of 29.07.2017 N 257-FZ)
2. Owners of premises in an apartment building when forming a capital repair fund on the account of a regional operator:

1) make monthly contributions in accordance with Article 171 of this Code and in full to the account of the regional operator for capital repairs, pay penalties in connection with the improper performance by the specified owners of the obligation to pay contributions for major repairs;
2) make decisions, participate in making decisions, which are provided for by this Code, in connection with the organization of overhaul of common property in such an apartment building;
3) participate in the acceptance of the services rendered and (or) completed capital repairs in such an apartment building;
4) request and receive the information (information) provided for by this Code from interested parties;
5) exercise other rights and fulfill other obligations provided for by this Code, other regulatory legal acts of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation.

3. Methodological support for the activities of a regional operator in terms of organizing its relationship with the owners of premises in an apartment building is carried out by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services.
4. The regional operator shall apply the measures established by law, including the accrual of penalties established by part 14.1 of Article 155 of this Code, in relation to the owners of premises in an apartment building who form a capital repair fund on the account of the regional operator, in case of late and (or) incomplete payment of contributions by them to major overhaul.
5. In the event that, prior to the onset of the period established by the regional overhaul program for the overhaul of common property in an apartment building, individual services were rendered and (or) separate work on overhaul of common property in this apartment building was performed, as provided for by the regional overhaul program, payment for these services and (or) work was carried out without the use of budgetary funds and funds of the regional operator and, at the same time, in the order of establishing the need for major repairs of common property in an apartment building, the repeated provision of these services and (or) the repeated performance of these works within the period established by the regional capital repair program is not required, funds in an amount equal to the cost of these services and (or) work, but not exceeding the amount of the marginal cost of these services and (or) work, determined in accordance with part 4 of Article 190 of this Code, are counted in the manner , tired enforced by the law of the constituent entity of the Russian Federation, on account of the fulfillment for the future period of obligations to pay contributions for capital repairs by owners of premises in apartment buildings, which form capital repair funds on the account of the regional operator.

Section 182. Obligations of the regional operator to organize the overhaul of common property in apartment buildings

1. The regional operator provides for the overhaul of common property in an apartment building, the owners of the premises in which form a fund for overhaul on the account of the regional operator, in the amount and within the time frame provided for by the regional overhaul program, and financing the overhaul of common property in an apartment building, including in the case of insufficient funds from the capital repair fund, at the expense of funds received from payments of owners of premises in other apartment buildings that form capital repair funds on the account, accounts of the regional operator, at the expense of subsidies received from the budget of the constituent entity of the Russian Federation and (or ) the local budget, at the expense of other funds not prohibited by law.
(as amended by Federal Law of June 29, 2015 N 176-FZ)
2. A regional operator, in order to ensure the provision of services and (or) performance of work on the overhaul of common property in an apartment building, must:

1) within the time limits provided for in part 3 of Article 189 of this Code, prepare and send to the owners of premises in an apartment building proposals on the start date of capital repairs, the required list and on the volume of services and (or) work, their cost, on the procedure and sources of financing for capital repair of common property in an apartment building and other proposals related to such a major overhaul;
2) ensure the preparation of an assignment for the provision of services and (or) the execution of work on overhaul and, if necessary, the preparation of design documentation for the overhaul, approve the design documentation, be responsible for its quality and compliance with the requirements technical regulations, standards and other regulatory documents;
3) to attract contractors for the provision of services and (or) the performance of work on capital repairs, to conclude with them on their own behalf the relevant agreements, including the establishment of a warranty period for the services provided and (or) work performed for a duration of at least five years from the date signing the relevant acceptance certificate for the services rendered and (or) work performed, as well as the obligations of contractors to eliminate the identified violations within a reasonable time, at their own expense and on their own;
(as amended by Federal Law of June 29, 2015 N 176-FZ)
4) control the quality and timing of the provision of services and (or) the performance of work by contractors and the compliance of such services and (or) work with the requirements of the project documentation;
4.1) ensure that, in the manner prescribed by the regulatory legal act of the constituent entity of the Russian Federation, the facts of obstruction of the conduct of capital repairs, including the denial by the owner, the person managing the apartment building, or the person performing the maintenance and repair of common property in the apartment building , a contractor to carry out such work;
(Clause 4.1 introduced by Federal Law of July 29, 2017 N 257-FZ)
5) carry out acceptance of the services rendered and (or) work performed, including ensuring the creation of appropriate commissions with the participation of representatives of the executive authorities of the constituent entities of the Russian Federation responsible for the implementation of regional capital repair programs and (or) short-term plans for their implementation, persons in charge this apartment building, and representatives of the owners of premises in the apartment building;
(Clause 5 as amended by Federal Law of June 29, 2015 N 176-FZ)
6) in the cases provided for by this Code, transfer funds from the capital repair fund to a special account or pay the owners of premises in an apartment building funds corresponding to the shares of the said owners in the capital repair fund;
(as amended by Federal Laws of June 29, 2015 N 176-FZ, of July 29, 2017 N 257-FZ)
7) accumulate contributions for major repairs paid by the owners of premises in an apartment building;
(Clause 7 introduced by Federal Law of June 29, 2015 N 176-FZ)
8) keep records of funds received to the account of the regional operator in the form of contributions for major repairs, separately in relation to the funds of each owner of premises in an apartment building, as well as in compliance with other requirements established by this Code, other regulatory legal acts of the Russian Federation and regulatory legal acts subject of the Russian Federation;
(Clause 8 introduced by Federal Law of June 29, 2015 N 176-FZ)
9) submit, on their own or by the forces of third parties, payment documents to the owner for paying contributions for the overhaul of common property in an apartment building at the address where the premises are located in an apartment building, for overhaul of common property in which a contribution is made;
(Clause 9 was introduced by Federal Law of June 29, 2015 N 176-FZ)
10) post on its official website information on the rights and obligations of owners of premises in an apartment building and a regional operator arising in connection with the fulfillment of the requirements of this Code, regulatory legal acts of the constituent entity of the Russian Federation, on the organization of major repairs, as well as other information, a list which is determined by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services;
(Clause 10 introduced by Federal Law of June 29, 2015 N 176-FZ)
11) be liable to the owners of premises in an apartment building for the quality of services provided and (or) work performed for at least five years from the date of signing the corresponding act of acceptance of services provided and (or) work performed, including for untimely and improper elimination of identified violations;
(Clause 11 introduced by Federal Law of June 29, 2015 N 176-FZ)
12) perform other duties provided for by this Code, other regulatory legal acts of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation.
(Clause 12 was introduced by Federal Law of June 29, 2015 N 176-FZ)

3. The regional operator is obliged to attract individual entrepreneur or a legal entity that are members of a respectively self-regulatory organization in the field of engineering surveys, architectural and construction design, construction, reconstruction, overhaul of capital construction projects.
(Part 3 as amended by Federal Law of 03.07.2016 N 372-FZ)
4. The law of a constituent entity of the Russian Federation may provide for cases in which the functions of a technical customer of services and (or) work on the overhaul of common property in apartment buildings, the owners of the premises in which form capital repair funds on the account of a regional operator, can be carried out by local authorities. self-government (in the constituent entities of the Russian Federation - the cities of federal significance Moscow, St. Petersburg, Sevastopol - by the state authority of the corresponding constituent entity of the Russian Federation, unless the law of the corresponding constituent entity of the Russian Federation establishes that these powers are exercised by local self-government bodies of intracity municipalities) and (or) municipal budgetary and state institutions (in the constituent entities of the Russian Federation - cities of federal significance Moscow, St. Petersburg, Sevastopol - state budgetary and state institutions, if the law of the corresponding subject The Russian Federation has not established that these powers are exercised by municipal budgetary and state institutions) on the basis of an appropriate agreement concluded with a regional operator.
(Part 4 as amended by Federal Law of June 29, 2015 N 176-FZ)
5. Involvement by a regional operator, in particular in the case provided for in part 3 of this article, by state authorities of the constituent entity of the Russian Federation, local self-government bodies, state, municipal budgetary, state-owned institutions of contracting organizations for the provision of services and (or) performance of work on major repairs of general property in an apartment building is carried out in accordance with the procedure established by the Government of the Russian Federation.
(Part 5 as amended by Federal Law of June 29, 2015 N 176-FZ)
6. The regional operator is liable to the owners of premises in an apartment building who form a capital repair fund on the regional operator's account for the consequences of non-fulfillment or improper fulfillment of obligations to carry out major repairs by contractors engaged by the regional operator.
(as amended by Federal Law of June 29, 2015 N 176-FZ)
7. Reimbursement to the regional operator of funds spent on capital repairs of common property in an apartment building in an amount exceeding the size of the capital repair fund is carried out at the expense of subsequent contributions for capital repairs of the owners of premises in this apartment building.

Section 183. Accounting of capital repair funds by a regional operator

1. The regional operator keeps records of the funds received on the account of the regional operator in the form of contributions for the overhaul of the owners of premises in apartment buildings, which form capital repair funds on the account, the accounts of the regional operator (hereinafter referred to as the capital repair funds accounting system). Such records are kept separately for the funds of each owner of premises in an apartment building. Such records can be kept in electronic form.
2. The system of accounting for capital repair funds includes, in particular, information on:

1) the amount of the accrued and paid contributions for capital repairs by each owner of the premises in an apartment building, arrears in their payment, as well as the amount of penalties paid;
(as amended by Federal Law of June 29, 2015 N 176-FZ)
2) the amount of funds allocated by the regional operator for the overhaul of common property in an apartment building, including the amount of the provided payment by installments for services and (or) work on overhaul of common property in an apartment building;
3) the amount of debt for the services provided and (or) the work performed for the overhaul of common property in an apartment building;
4) loans, borrowings attracted by a regional operator in order to finance services and (or) work on capital repairs of common property in an apartment building, including with an indication of the interest rate at which they were attracted, as well as the repayment of such loans, loans.
(Clause 4 introduced by Federal Law of June 29, 2015 N 176-FZ)

3. The regional operator, upon request, provides the information provided for in part 2 of this article to the owners of premises in an apartment building, as well as to the person responsible for managing this apartment building (a homeowners' partnership, housing cooperative or other specialized consumer cooperative, management organization), and direct management of an apartment building by the owners of premises in this apartment building to the person specified in part 3 of Article 164 of this Code.
3.1. The regional operator's report containing the information specified in part 2 of this article is posted on a quarterly basis on the regional operator's website in the form and within the timeframes established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing utilities.
(Part 3.1 was introduced by Federal Law of June 29, 2015 N 176-FZ)
4. The functions of a regional operator for maintaining the system of accounting for capital repair funds may be performed by another legal entity created in the form of a state budgetary or government institution, on the basis of an agreement concluded with a regional operator, if this is provided for by the law of a constituent entity of the Russian Federation. In this case, the regional operator is responsible for the actions of such legal entity as their own.
(Part 4 is introduced by Federal Law No. 417-FZ, dated 28 December 2013)

Section 184. Refunds from the capital repair fund

In the event that an apartment building is recognized as emergency and subject to demolition or reconstruction, the regional operator is obliged to send funds from the capital repair fund for the purpose of demolition or reconstruction of this apartment building in accordance with parts 10 and 11 of Article 32 of this Code on the basis of the decision of the owners of premises in this apartment building on its demolition or reconstruction in the manner prescribed by the regulatory legal act of the constituent entity of the Russian Federation. In the case of seizure for state or municipal needs of a land plot on which an apartment building is located, and, accordingly, seizure of each residential premises in this apartment building, with the exception of residential premises belonging to the ownership of the Russian Federation, a constituent entity of the Russian Federation or a municipal formation, the regional operator in the procedure established by a regulatory legal act of a constituent entity of the Russian Federation is obliged to pay the owners of premises in this apartment building the capital repair fund funds in proportion to the amount of contributions paid by them for major repairs and the amount of the said contributions paid by the previous owners of the corresponding premises in this apartment building. In this case, the owners of premises in an apartment building retain the right to receive the redemption price for the seized residential premises and other rights provided for in Article 32 of this Code.

Section 185. Basic requirements for the financial stability of a regional operator

1. Requirements for ensuring the financial stability of a regional operator's activities are established by this article and the law of a constituent entity of the Russian Federation.
2. The amount of funds that the regional operator has the right to spend annually on financing the regional capital repair program (the amount of funds provided at the expense of capital repair funds formed by the owners of premises in apartment buildings, the common property in which is subject to major repairs in the future period) is determined by the normative a legal act of a constituent entity of the Russian Federation, depending on the volume of contributions for capital repairs received by the regional operator for the previous year, and (or) the projected volume of receipts of contributions for capital repairs in the current year. In this case, the size of this share is established by the law of the constituent entity of the Russian Federation, taking into account the balance of funds not used by the regional operator in the previous period.
(as amended by Federal Laws of December 28, 2013 N 417-FZ, of June 29, 2015 N 176-FZ)
3. Additional requirements for ensuring the financial stability of a regional operator's activities may be established by the law of a constituent entity of the Russian Federation.

Section 186. Control over the activities of the regional operator

1. Control over the compliance of the activities of the regional operator with the established requirements is carried out by the authorized executive body of the constituent entity of the Russian Federation in the manner prescribed by the highest executive body state power of the constituent entity of the Russian Federation.
2. The federal executive body exercising the functions of control and supervision in the financial and budgetary sphere, in the manner established by the Government of the Russian Federation:

1) monitors the use by the regional operator of funds received as state support, municipal support for capital repairs, as well as funds received from owners of premises in apartment buildings that form capital repair funds on the account of the regional operator;
2) sends to the regional operator submissions and (or) instructions to eliminate the identified violations of the requirements of the legislation of the Russian Federation.

3. Bodies of state financial control of the constituent entities of the Russian Federation and bodies of municipal financial control of municipalities, the Accounts Chamber of the Russian Federation, control and accounting and financial bodies of the constituent entities of the Russian Federation and municipalities exercise financial control over the use of funds from the respective budgets by the regional operator in the manner prescribed by budget legislation Russian Federation.

Section 187. Regional operator reporting and audit

1. The annual accounting (financial) statements of a regional operator are subject to mandatory audit conducted by an auditing organization (auditor) selected by a constituent entity of the Russian Federation on a competitive basis.
2. A decision to conduct an audit, approval of a contract with an audit organization (auditor) is carried out in accordance with the procedure established by the regulatory legal act of the constituent entity of the Russian Federation, as well as the constituent documents of the regional operator. Payment for the services of the audit organization (auditor) is carried out at the expense of the regional operator, with the exception of funds received in the form of payments from the owners of premises in apartment buildings, which form capital repair funds on the account of the regional operator.
3. Not later than five days from the date of submission of the audit report by the audit organization (auditor), the regional operator must send a copy of the audit report to the authorized executive body of the constituent entity of the Russian Federation specified in part 1 of Article 186 of this Code.
(Part 3 as amended by Federal Law of June 29, 2015 N 176-FZ)
4. The annual report of the regional operator and the auditor's report are posted on the website in the information and telecommunication network "Internet", taking into account the requirements of the legislation of the Russian Federation on state secrets, commercial secrets in the manner and within the time limits established by the regulatory legal act of the constituent entity of the Russian Federation.

Section 188. Responsibility of the regional operator

1. Losses caused to the owners of premises in apartment buildings as a result of non-fulfillment or improper fulfillment by the regional operator of its obligations in accordance with this Code and the laws of the constituent entities of the Russian Federation adopted in accordance with it are subject to compensation in accordance with civil legislation.
(as amended by Federal Law of June 29, 2015 N 176-FZ)
2. The constituent entity of the Russian Federation bears subsidiary responsibility for the fulfillment by the regional operator of obligations to the owners of premises in apartment buildings specified in part 1 of this article.

HOUSING CODE OF THE RUSSIAN FEDERATION

Article 180. Functions of the regional operator

1. The functions of the regional operator are:

3. The regional operator opens accounts with Russian credit institutions that meet the requirements established by part 2 of Article 176 of this Code, as well as the requirements established by the Government of the Russian Federation, and have been selected by him based on the results of a competition. The procedure and conditions for such a competition are determined by the Government of the Russian Federation. The provisions of this part also apply to the opening of special accounts by a regional operator in cases where the issue of choosing a Russian credit institution in which a special account will be opened, in accordance with paragraph 5 of part 4 of Article 170 of this Code, is considered transferred to the discretion of the regional operator.

Housing Code of the Russian Federation. Formation of a fund for overhaul on the regoperator's account Functions of a regional operator

Article 180. Functions of the regional operator

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