Pavel Zhbanov: It is important that both public organizations and experts can be subjects of public control in the housing sector. Pavel Zhbanov: a worker with a diploma is a vital necessity Pavel Zhbanov onf
2. Ministry of Construction and Housing and Communal Services of the Russian Federation (127994 Moscow, Sadovaya-Samotechnaya st., 10/23, p. 1 [email protected] Tel.: (495) 647-15-80);
3. FAU "Design Directorate of the Ministry of Construction of Russia" (127051 Moscow, Sadovaya-Samotechnaya st., 24/27 [email protected]);
4. NP "Russian heat supply" (Moscow, Semenovskaya nab., 2/1 Tel./fax: (495) 974-86-40, 974-86-41, 974-86-42 (ext. 1051, 1057);
5. Russian Academy of National Economy and Public Administration under the President of the Russian Federation (119571, Moscow, Vernadsky Avenue, 82, [email protected] +7(903)726-14-51);
6. All-Russian trade union of life support workers (119119 Moscow, Leninsky prospect, 42 +7 (495) 938-80-24);
7. Non-profit partnership "National Housing Congress" (101000 Moscow, Novaya Basmannaya street, 23B, building 20, office 104 (metro station Krasnye Vorota) +7 (499) 653-57-53);
8. "Center for Business Certification" (199406 Saint-Petersburg, Nalichnaya st., 25/84, letter A, room 15-N 8 (812) 576-73-53);
9. OJSC All-Russian Scientific Research Institute of Certification (123557 Moscow, Electric lane, 3/10, p. 1 8 (499) 253-0146);
10. Fund "Institute for Urban Economics" (125009 Moscow, Tverskaya st., 20/1 Tel .: (495) 787 45 20 [email protected]);
11. Bryansk State Engineering and Technological University (Bryansk Region, Bryansk, Stanke Dimitrova Avenue, 3 (4832) 74-60-08, 74-49-18, 74-67-44);
12. Association "Liftservice" (105203 Moscow, 15th Parkovaya st., 10a. Tel / fax: (495) 463-04-81; (495) 620-59-02);
13. State Housing Inspection of the Udmurt Republic (Izhevsk, Maksim Gorky st., 73 (3412) 390-001 [email protected]);
14. Commission on housing and communal services of the Public Chamber of the city of Moscow (127006, Moscow, Uspensky lane, 14, building 2 (499) 257-53-14);
15. State Housing Inspectorate of the Murmansk Region (Murmansk, Karl Marx St., 18 (8152) 486-544);
16. Association "New Quality" (119435 Moscow, M. Pirogovskaya st., 13, building 1, office 320);
17. NP "Housing and communal services-development" (119435, Moscow city, Malaya Pirogovskaya street, house 13, building 1, BC "P13", 4th floor +7 (499) 558-38-32);
18. Association of Regional Overhaul Operators (119435 Moscow, Malaya Pirogovskaya st., 13, building 1 Tel. 8 (920) 906-00-89);
19. ZAO Zhilkomaudit (127220 PO Box 19, Moscow, 1st Parkovaya st., 7 office 427 +7 (495) 223-71-45 E-mail: [email protected]
20. NP "Russian heat supply" (Moscow, Semenovskaya nab, 2/1 Tel./fax: (495) 974-86-40, 974-86-41, 974-86-42 (ext. 1051, 1057) ;
21. National Association of Self-Regulating Construction Organizations NOSTROY (123242 Moscow, Malaya Gruzinskaya St., 3 +7 (495) 987-31-50);
22. NP "ZhKKH Kontrol" (127994 Moscow, Sadovaya-Samotechnaya st., 10/23, building 1 [email protected] Tel.: (495) 647-15-80);
23. All-Russian Industry Association of Employers "Union of Communal Enterprises" (129164, Moscow, Yaroslavskaya st., Building 8, building 3, office 210. Tel./fax: 926-94-00 e-mail: [email protected]);
24. NP "ZhKKH-68" (392003, Tambov, street Soviet 190, building 2 +79107577417 [email protected]);
25. Russian Association of Water Supply and Sanitation (119334, Russia, Moscow, Leninsky prospect, 38, building 2, tel .: (495) 939-19-36 [email protected]);
26. GC "Fund for Assistance to the Reform of Housing and Communal Services" (109028 Moscow, Zemlyanoy Val st., 50A, building 3 tel. (495) 651-65-40 [email protected] 115088, Moscow, Sharikopodshipnikovskaya st., Building 5. +7 (495) 651-65-46);
27. State Housing Inspectorate of the Moscow Region (123592, Moscow, Kulakova st., 20, building 1, Orbita-2 technopark, Beta building, 7th floor +7 499 579-94-50);
28. Fund for capital repairs of the city of Moscow (101000 Moscow, Maroseyka st., 11/4, building 3 +7 (495) 777-77-77 [email protected]);
29. "Business Certification Center" (191311 St. Petersburg, street Proletarskaya dictatorship, 6, letter A +7 (812) 576-71-05 [email protected]);
30. FSBEI HPE "Moscow Power Engineering Institute" (NRU MEI) (111250 Moscow, Krasnokazarmennaya st., 14 +7 (495) 362-75-60 [email protected]);
31. CJSC "Research Center of Municipal Economics" (129515, Moscow, Kondratyuk Street, 3 (495) 544-37-88, [email protected]);
32. LLC "ECOMASHGRUPP" (170040 Tver, Borikhino pole st., 5A +7 (800) 775-58-64 +7 (4822) 777-604 [email protected]);
33. FSBEI "Moscow Architectural Institute (State Academy) (107031, Moscow, Rozhdestvenka st., 11/4, building 1, p. 4 (495) 625-58-13 [email protected]);
34. KB "Strelka" (119072 Moscow, Bersenevskaya nab., 6, building 3 (495) 268-06-11);
35. Association of organizations, operators and specialists in the field of waste management "Clean country" (119435, Moscow, Malaya Pirogovskaya street, house 13, building 1. www.clincantri.ru);
36. Association of the funeral industry (142103, Moscow region, GO Podolsk, 29 km. Highway "Crimea", 1. www.rusapo.ru tel. 8 (499) 390-92-83).
Pavel Zhbanov, rector of the Academy of the Ministry of Construction of Russia: "We need trained personnel of higher qualifications - both workers and personnel with secondary vocational education. Secondary vocational education now exists. As an education for mid-level specialists, as well as - according to training programs for skilled workers. And I would like to draw special attention to this: highly qualified workers receive a diploma of secondary vocational education from us. This is a request of the country's economy "
Some time ago, information appeared that the Russian government was seriously thinking about the need to pay more attention to the training of mid-level specialists in construction, industry and management. And without this, it will not be possible to achieve significant breakthroughs in production. How can the Academy of the Ministry of Construction of Russia help the state? Pavel A. Zhbanov, - the rector of the Academy of the Ministry of Construction, - a guest of our program ...
Pavel JBANOV: The Academy provides training at various levels of professional education. To a greater extent, we are dealing with the issues of professional retraining and advanced training of specialists with higher education, as well as specialists with secondary specialized education. In 2009, the former educational and course complexes of the Gosstroy of Russia in Ryazan, Yekaterinburg, Novokuznetsk, Nizhny Novgorod were attached to the Academy as branches, where these plants were focused on training workers and professional retraining.
Despite the fact that we mainly work with specialists with higher professional education, it is in the branch network that a serious direction is developing - retraining and advanced training of specialists with secondary specialized education.
- But do new technologies make it possible to bring at least some acceptable type of housing stock, which in many cases is in a very poor condition?
Pavel JBANOV: We began our controversy on this issue with the need for trained personnel of higher qualifications - both workers and personnel with secondary vocational education. I would like to draw your attention to the fundamental change that took place with the release of the new law on education. If we turn to this law, we will see: secondary vocational education now exists. as education for mid-level specialists, as well as secondary vocational education for training programs for skilled workers. And I would like to draw special attention to this. Today, our highly qualified workers receive a diploma of secondary vocational education (earlier it was said only about primary vocational education).
There are demands from the country's economy for highly qualified workers, and they are implemented through the new education system that we are building. And the approach of the education system to the need to provide high-tech personnel for an economic breakthrough is absolutely adequate. And if seventy-one million people are employed in the domestic economy today, then among them are workers who have been trained under the programs for training highly qualified specialists - thirteen million. At the same time, there are twenty-two million specialists with higher education, and eighteen million secondary specialists.
Of course, the ratio is insufficient - I understand that there is a bias. But there is a tendency towards an increase in the country's economy of highly qualified workers, and this is undoubtedly a positive trend ...
How do you feel about the refusal of self-regulation and the return of the institution of licensing in the construction sector?
From 04/07/2017 to 05/12/2017
For maintaining self-regulation in the form in which it currently exists 0% (0)
For the preservation of self-regulation, subject to the introduction of fundamental changes 0% (0)
For the return of licensing in the form in which it existed before 2009 0% (0)
For the use of two mechanisms at the same time: licensing and insurance 0% (0)
For the refusal of self-regulation and the introduction of an insurance mechanism 0% (0)
For rejection of any regulatory mechanisms in the construction sector 0% (0)
Question answer:
Question: Can a foreign company join an SRO in the construction sector without registering a branch of a foreign company with the Federal Tax Service?
Despite the fact that the Urban Planning Code of the Russian Federation explicitly states that foreign legal entities (foreign companies) can join the SRO of builders, designers and surveyors, and does not indicate the need to register a branch or representative office of a foreign legal entity in Russia (in Art. 55.6 GradKodeks - foreign companies are indicated), self-regulatory organizations, when admitting to membership, are guided by the provisions of the Federal Law "On Foreign Investments in the Russian Federation" dated 09.07.1999 No. 160-FZ, where in clause 3, Art. 4 indicates the need for accreditation of a branch or representative office of a foreign company on the territory of Russia in order to carry out commercial activities.
We quote: "A foreign legal entity, the purpose of creation and (or) the activities of which are of a commercial nature and which bears property responsibility for the obligations assumed by it in connection with the implementation of these activities on the territory of the Russian Federation (hereinafter referred to as the foreign legal entity), has the right to carry out activities on the territory of the Russian Federation through a branch, representative office from the date of their accreditation, unless otherwise provided by federal laws. A foreign legal entity ceases to operate on the territory of the Russian Federation through a branch, representative office from the date of termination of the accreditation of the branch, representative office.
The day of accreditation of a branch, representative office of a foreign legal entity or amending the information contained in the state register of accredited branches, representative offices of foreign legal entities, which is an information system (hereinafter also referred to as the register), or of termination of the accreditation of a branch, representative office of a foreign legal entity, is the day when the corresponding entries in the register. (clause as amended by Federal Law No. 106-FZ dated 05.05.2014) "
Question: Is it possible to return the contribution to the compensation fund?
Answer: In accordance with Part 4 of Art. 55.7 of the Urban Planning Code of the Russian Federation, a contribution to the compensation fund shall not be refunded to a person who has terminated membership in a self-regulatory organization, unless otherwise provided.
"Other" means certain cases described in Art. 3.2 Federal Law "On the Enactment of the Town Planning Code of the Russian Federation" dated December 29, 2004 No. 191-FZ (as amended by the Federal Law "On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation" dated July 27, 2010 No. 240-FZ). They state that a construction, engineering, exploration SRO is obliged to return to organizations or individual entrepreneurs who have terminated their membership in the respective partnership, the funds of the fund paid by them, if the following conditions are met:
1) obtaining admission of this SRO to a certain type or types of work excluded on August 1, 2010 from the official list of types of work on engineering surveys, on the preparation of project documentation, on construction, reconstruction, overhaul of capital construction projects that affect the safety of capital facilities construction;
2) the person has no admission to other types of work (the absence of other types of work in the SRO admission);
3) termination of membership in this SRO no earlier than two and no later than 6 months from the date of exclusion of the types of work reflected in the admission from the official classifier of the list (that is, from September 1, 2010 to January 1, 2011).
Note that only if all three of the above conditions are fulfilled, the self-regulatory organization is obliged to return the contributions to the compensation fund to the withdrawn members in full.
For a refund, a period of no more than 10 calendar days after the termination of membership was set aside. The day of termination of membership is determined by the day of registration of an application from an individual entrepreneur or legal entity to leave the SRO.
Due to the fact that several years have passed since the period of time allotted for the official termination of membership in the SRO, these grounds seem irrelevant.
The Town Planning Code defines only a few assumptions for making payments from the compensation fund of a self-regulatory organization. Money can be returned if it was mistakenly transferred to the SRO account; transferred for the placement of funds of the compensation fund of the SRO in order to preserve and increase it; used to make payments as a result of the onset of joint liability for the obligations of its members arising from the infliction of harm.
Photo: Nikolay MALYSHEV
President of the Institute of Investment Specialists of the National Research University Higher School of Economics on the sold asphalt, burst pipes and the bright future of housing and communal services
- Pavel Anatolyevich, why do you think the housing and communal services sector, despite the measures taken, has remained one of the most resonant and problematic in the country for many years?
- The sphere of housing and communal services has always been, is and will be resonant and problematic. But we must pay tribute - there is a positive dynamic. It is absolutely obvious, even looking from the territorial and climatic point of view, that the housing and communal services of the Russian Federation have no analogues in the world! Imagine - the length of the heating utilities alone is 2.5 times longer than the length of the railways in Russia. Therefore, when populist politicians say “let's use the experience of other countries,” then you need to understand that no country in the world has experience in operating such extended centralized life support systems in a harsh climate. When in France the temperature drops to -5 degrees, it is a communal collapse. And here in some regions it can reach minus 60. If we talk about America, then they have a significant part of the housing stock of frame, collapsible modifications. How can this compare with our country? We have a fundamental housing and communal services. Yes, there were not isolated situations of failure, when repairs of engineering networks that were not completed on time led to a collapse in some regions. It is important to remember that in a number of regions the wear and tear of engineering systems is about 90% and they need to be changed. But this requires investing about 13 trillion rubles in housing and communal services. And now there is no such money in the budget. Therefore, one of the main tasks today is to ensure an inflow of investments and create an investment climate for private capital to enter the housing and utilities sector.
- It seems to me that this is a very difficult and slow process ...
Yes, not easy. But, the country has already begun "major repairs" of the housing stock - this is more than 700 thousand residential buildings, with an annual amount of collected funds of 160 billion rubles. Yes, people have absolutely grounded claims to the quality of work, and in this part there is still a lot to be done. Now, little by little, private business is beginning to enter the communal infrastructure in the format of concession agreements. And here it is important to build a model that will lead to a socially oriented business. After all, people are already tense because of high utility bills. The recent situation in Novosibirsk has confirmed this. Therefore, when heating networks and water utilities are now transferred to concessions, the municipal authorities are concerned about the main issue - the provision of tariffs for communal resources that do not lead to social explosions. After all, there were cases when, after the transfer of infrastructure facilities to a concession, utility bills increased 3 times! And what is happening with the former military towns - in general, the picture is deplorable!
- Heard that there is a huge problem with the former military towns?
Very big. The fact is that the management of the housing stock of the Moscow region has undergone dramatic changes over the past 5-6 years. And the main problem now is in the liberated military camps, which the army no longer plans to use, and they are being transferred to municipalities. In 2017 alone, about 120 military camps are to be transferred, and this, you see, is a staggering figure ... We, within the framework of the existing Housing Code, have been building the country's housing management system for more than 12 (!) Years and work for years to come. And here is the army, which has always lived according to its own canons of government. Why are there military camps! Recently in Moscow we went to a raid - this was the first time in my practice when the military turned to the ONF - in a hostel for the military on Gospitalniy lane. So, due to the monstrous state of the building, the house was cut off from the gas a year ago. From the point of view of the gas service, everything is correct - they must prevent the explosion of the building. But where does the Department of Housing Maintenance of the Moscow Region look, instead of joining in solving the problem in response to requests from the military, writes that since they do not own 100% of the building, the Moscow Capital Repair Fund should do the overhaul. Services bickering, and people sit without gas for a year! At the same time, the consumption of electricity has sharply increased up to the overload of the network, since the heaters are connected. And this is in Moscow!
- What, then, is going on in the regions?
Several years ago, I came with my son to the Dubrovo garrison, in which I served at one time, and was shocked. In this once exemplary part, Slavyanka removed and sold all the asphalt from the parade ground and access roads. Now order has been restored there and the roads have been restored. But there is a common problem for military townships - nothing is being done in terms of compliance with the Housing Code (Housing Code) for military personnel, whose townships are now being transferred to municipalities. Their apartments are not privatized, no one concludes a social contract with them, but at the same time they constantly receive and pay bills from the management company. And even two companies at once! As they are explained, “there has been a change of management companies”. They didn’t see them in their eyes. No one provided the military personnel with the control agreement, nor did the calculations of utility bills. The military receives letters that their buildings were transferred to another resource-supplying company. Why did this happen? There, a single resource company has been supplying this town for more than 50 years. That suddenly new networks have been laid, or what? People are outraged that they do not understand the current situation and feel deceived ... Previously, the military lived in small towns in service apartments and no one thought about the housing code, they lived according to the Charter. Retired? Get your accommodation in the nearest town instead of a service apartment. Now the military has found itself in a different paradigm - they have served 25-30 years and now have to deal with what is "social hiring", what is a "management company". They receive bills and pay for capital repairs of buildings, although they should not do this if they are not the owners. If the buildings are under the jurisdiction of the Ministry of Defense, then the Ministry of Defense must pay for the overhaul. If this is now a municipal housing stock, then the municipality must pay for the repairs. But municipalities are not interested in accepting military camps on their balance sheets ...
- That is, they remain homeless ...
To date, about 20 acts of transfer (out of 120) of military townships to the jurisdiction of municipalities have been prepared. The other 100 towns are between heaven and earth. They have already been abandoned, but have not yet been accepted on the balance sheet. But at the same time, payment orders from two or even three management companies are already coming! The fact is that no one has ever been involved in housing education in military camps. It turns out that people are being blatantly fooled! They devoted 30 years of their lives to serving the Motherland, and now they are being robbed because the military does not understand anything about housing and communal services. And you need to know that according to the housing code, once a year, the management company must report on spending. Each year, residents must approve the estimate for the maintenance and repair of the building for the current year, which is an annex to the management contract. Residents should understand how their utility bills are charged, by what method ...
- And what to do in such a situation? People cannot cope on their own, they have neither experience nor education in this matter.
The first solution on the surface, albeit not the most effective, is to conduct an educational program in the garrisons on the topic of housing. For 120 towns it can be done. They themselves will not understand the housing code, so they need to explain all the important points. Secondly, before the transition to the balance sheet of the municipality, military townships are de jure under the jurisdiction of the Ministry of Defense and the operation of the non-transferred housing stock should be dealt with by the Department of Operations of the Ministry of Defense of the Ministry of Defense without any changes in the Criminal Code. Complete tasks up to one milestone first. And then, simultaneously with the signing of the transfer deed, inform people where they will now need to apply. It will not be a problem to do this at 120 points - there would be interest. In any case, officers must know what to do, how everything should be done correctly and who to contact in case of "unsolvable" problems.
- Is there an address and telephone number of the organization where they need to contact?
There is. This is the State Housing Inspectorate. By virtue of the ZhK, the establishment of order in all aspects of the housing and communal services was given to the housing inspections. Now they are in charge of everything - from the control over the holding of general meetings of owners, the choice of the management company, the correctness of the calculation of the CU, the procedure for getting into the overhaul program. Moreover, according to the 20st ZhK, the responsibility of the housing inspection is to demand strict observance of housing legislation from the heads of municipalities. In fact, the housing inspector can issue an order, second, third, and then file for disqualification of the mayor of the city for failure to comply with the ZhK. It's just that not everyone knows that the housing inspectorate is endowed with such powers and applies to the municipality. And it is not profitable for the municipality to deal with emergency buildings. As soon as such a house is accepted by the interdepartmental commission in the category of emergency, then in accordance with the law, it must be resettled within a month. And there is no replacement fund! Not done on time - the prosecutor's office will come and the mayor will be punished for failure to comply ... Therefore, the military must contact the housing inspection - the result is almost guaranteed! The point is that a federal vertical has been built. Each constituent entity of the federation has its own inspection and there is a chief housing inspector of the country, on which all housing inspections of the constituent entities are closed. We have used this algorithm many times.
- There is still an extremely acute problem for military camps with the preparation for the heating season, which has been going on for 4-5 years and is not really being solved ...
This is an objective thing. If the system is worn out, then with a high degree of probability the pipes will burst, if not this season, then the next. Therefore, an important task that is being solved by the authorities is the replacement of engineering networks and communications in the house, as well as external engineering systems. There is an important point that is not talked about. The fact is that when we talk about the deterioration of networks, we mean the deterioration in accounting. And you need a technical inventory of networks in order to understand the real state of affairs. Technologies for doing this already exist, but the easiest way for management companies is to carry out "preventive maintenance". As I have already said, a large amount of housing and infrastructure funds are subject to repair; the state does not have enough money in this amount. Therefore, it is necessary to look from the point of view of reducing the tax burden how to attract investors to the housing sector ...
- ... that is, private companies need to come and take on this headache ...
Yes exactly. A big plus for them is that business in housing and communal services is absolutely guaranteed - payments from citizens are always received. In our country, utility bills are about 90%, and individuals have practically no debt. Now only enterprises have debts. And this is a guarantee of repayment of funds for investors. Alas, the investment environment itself has not yet been created in our regions. It's no secret that it often happens like this - a new governor came to power and all the rules of the game change at once. Therefore, businessmen are afraid that investment costs are billions of dollars, and not every investor is ready to take risks just like that. Therefore, a working group has now been organized to create an investment climate in housing and communal services, and this issue will be discussed at the State Council. As for this heating season, there will certainly be some improvements, but not fundamental ones. Because first you need to modernize the infrastructure, modernize the housing stock and do it in an integrated manner, in a single system. Otherwise, you are upgrading the CHP plant, but do not carry out energy-efficient home repairs and all the energy you produce will heat the street. Because I will repeat: housing and communal services is a thing of system analysis, system solutions and the continuity of housing and communal services.
- How long do you think it will take to put things in order in the complex housing and communal services system?
The word "order" is very relative. I would talk about the smooth operation of the system as a system as a whole. The trend is absolutely positive, but we will need another 5 years. Recently, the Ministry of Construction of the Russian Federation announced that it is planned to switch to new types of service on heating networks and that the shutdown of hot water in summer should not exceed 3 (!) Days. And in order to ensure this period, a whole technical revolution is required and the Ministry of Construction takes three years to carry it out! Most of the problems in our housing and communal services are related to heating, and the second - to the quality of water. If we move the heating situation, then it's already great. Work on the housing stock is being carried out very actively now. Just think, 4000 houses are overhauled in Moscow every year. This is a colossal amount. And in order to move on to systemic transformations, we need trained personnel. And now they are not! In the 30s, the Academy of Public Utilities was created and successfully operated, which was then closed. But now everything will start to slowly recover, because this system is interesting both from the point of view of management and from the point of view of a career. What parents will not send their child to training in a "city manager"? Therefore, we at the Higher School of Economics are now embarking on the Higher School of Municipal Economy project in order to form a system of knowledge and also train teachers. Based on current needs, about 5,000 teachers are needed throughout Russia. Now we have agreed (by the Ministry of Construction and the authorities of the constituent entities of the Federation) that the system needs to be recreated. Each subject should have a university in urban economy or at least a department. Then there will be no problems with heating, and the military camps will be in perfect order.
