The relevance of the topic of this thesis is due to the fact that construction and housing and communal services are the most important areas of development of our country at the present time. It is the issues regarding the development of this industry that most worry the majority of the Russian population; it is this industry that is most in need of government support now.

The construction complex is one of the key sectors of the Russian economy and largely determines the solution of social, economic and technical problems of its development.

The task set by the President Russian Federation in the Address to the Federal Assembly of the Russian Federation on increasing the gross domestic product by 2 times by 2010, cannot be effectively implemented without increasing investment in fixed capital and increasing the pace of construction.

The Federal Agency for Construction and Housing and Communal Services is a federal executive body that carries out the functions of implementing state policy, providing public services, managing state property in the field of construction, urban planning, the building materials industry and housing and communal services. The Agency is part of the structure of federal executive authorities in accordance with Decree of the President of the Russian Federation dated March 9, 2004 No. 314 “On the system and structure of federal executive authorities.” The main tasks and functions of the Agency are provided for in the Regulations on the Federal Agency for Construction and Housing and Communal Services, approved by Decree of the Government of the Russian Federation of June 16, 2004 No. 286.

The Federal Agency for Construction and Housing and Communal Services is guided in its activities by the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation, international treaties of the Russian Federation, acts of the Ministry of Industry and Energy of the Russian Federation, as well as the Regulations on Federal Agency for Construction and Housing and Communal Services.

The purpose of the thesis is to develop recommendations for improving the activities of the Federal Agency for Construction and Housing and Communal Services, which should ensure an improvement in the situation in the industry.

To achieve this goal, it is necessary to solve the following tasks:

1. Consider the history of the development of the Federal Agency for Construction and Housing and Communal Services, analyze the functions it performs at various stages of its development and identify those functions that are performed by this organization most successfully and those functions that need to be delegated to other organizations.

2. Give a regulatory and legal description of the activities of the Federal Agency for Construction and Housing and Public Utilities, identify the main laws and regulations governing the activities of this agency, analyze the tasks performed by the agency and the extent to which they are accomplished.

3. Review the documents developed by the Agency, analyze them and identify the main areas of activity of this agency.

4. Draw appropriate conclusions and develop proposals to improve the current situation.

The regulatory framework for the study included: the Constitution of the Russian Federation, the Housing Code, the Civil Code, Federal laws, Decrees and other legal acts of the Russian Federation, both valid and no longer in force.

The methodological basis of the study was made up of publications in Russian journals on architecture, urban planning and housing and communal services, in which modern authors provide an analysis of the state of this industry.

Theoretical and practical significance Thesis consists of analyzing the current situation in modern construction and housing and communal services, developing recommendations for improving the efficiency of the Agency.

Structurally graduate work consists of an introduction, three chapters, the first of which examines the history of the emergence and development of the Federal Agency for Construction and Housing and Communal Services, the second analyzes the organizational, legal and documentation base of the Agency’s activities in the field of construction, and the third provides an analysis of the organizational- the legal and documentation base for the activities of the Federal Agency in the field of housing and communal services, a conclusion in which the main conclusions are drawn and recommendations are developed, a list of references.

1 History of the Federal Agency for Construction and Housing and Communal Services

Back in June 1993, the construction licensing department of the Gosstroy of Russia and the Main Technical Directorate of the Gosgortekhnadzor of Russia sent for guidance and practical application“Agreement on interaction and delimitation of competence and powers regarding licensing of construction activities between the Gosstroy of Russia and the Gosgortekhnadzor of Russia,” jointly approved by them on May 17, 1993. This agreement completely delineated all powers for licensing construction activities and clearly defined which construction projects and which enterprises were issued licenses by Gosgortekhnadzor of Russia, and which by Gosstroy. It should be noted that this agreement was based on Decrees of the President of the Russian Federation dated November 12, 1992 No. 1335 “On State Supervisory Bodies” and dated February 18, 1993 No. 234 “On Approval of the Regulations on the Federal Mining and Industrial Supervision of Russia.” Currently, Decree of the President of the Russian Federation No. 234 has lost force due to the publication of Decree of the President of the Russian Federation of January 14, 2002 No. 20. Also, this agreement was based on the Resolution of the Council of Ministers of the RSFSR dated 08.11.91 No. 593 “On the introduction of state licensing of construction activities on the territory of the RSFSR” (now also no longer in force), the Resolution of the Council of Ministers - Government of the Russian Federation dated 02.02.93 No. 90 “On approval Regulations on the State Committee of the Russian Federation on Architecture and Construction" and other regulations, most of which are currently invalid. In accordance with this agreement, a special permit (license) was issued by the Gosgortechnadzor authorities of Russia for those types of construction activities and work that are associated with an increased danger of industrial production and facilities. The Agreement specifies a list of facilities for which a construction license is issued by the Gosgortekhnadzor of Russia, however, the note indicates that this list is not closed, i.e. if necessary, the specified competence of the bodies of Gosgortekhnadzor of Russia in the field of licensing construction activities associated with increased danger of industrial production and facilities can be clarified by mutual agreement of the Construction Licensing Directorate of Gosstroy of Russia and the Main Technical Directorate of Gosgortekhnadzor of Russia.

Until February 2002, the Gosstroy of Russia relied on Federal Law No. 158-FZ “On licensing of certain types of activities”, in which they are all clearly formulated, documents and materials necessary for issuing permission to conduct certain activities are defined and it is stated that additional requirements must be required from licensees paper is unacceptable.

In April 2000, the Government of the Russian Federation issued a decree “On licensing of certain types of activities”, where they are attributed either to the powers of federal authorities or executive authorities of the constituent entities of the federation, based on the potential complexity and danger to the life and health of people.

So to the powers of local authorities state power only 18 species are classified. Licensing of architectural, construction and utility activities is the responsibility of the Russian State Construction Committee. And this is: carrying out engineering surveys for construction; activities related to the design of buildings and structures, their construction; production of building materials and construction materials; design and construction of central drinking water supply and drainage systems in urban and other settlements; architectural activity; development of urban planning documentation and so on. If we add to this supervision of licensees’ compliance with licensing requirements and conditions, suspension and renewal of licenses, renewal of documents confirming the availability of licenses, formation and maintenance of a register, then the task will not seem small to anyone.

However, when the “parade of sovereignties” began in the country in the mid-90s, a general tendency arose to divide power between the center and the regions. Then many ministries and departments transferred part of their powers to local executive authorities. So the Gosstroy of Russia concluded agreements with the administrations of the constituent entities of the Russian Federation on the transfer of licensing powers, reserving only methodological guide.

Time has proven that this was a mistake. Almost every region of Russia had its own classifiers of types of activities, which caused confusion. In addition, documents and materials drawn up according to various requirements, with a lot of additional acts, were accepted for licensing.

Things got to the point where licensing of additional types of activities not listed in any federal regulations was introduced in certain territories. According to German Gref, Minister of Economic Development and Trade of the Russian Federation, there were about 2000 of them instead of the real four hundred and fifteen.

In addition, in order to register a license issued in another region in a certain territory, licensees in some cases had to collect paperwork and pay almost more money than for obtaining the license itself.

We cannot remain silent about the fact that local administration officials began to interfere in the process of issuing licenses, depending on their economic interests. So the directors of territorial licensing bodies had to be more diplomats than professionals, giving the green light to real specialists in architectural, construction and public utilities.

What kind of well-functioning licensing system are we talking about then?

The order and letter from the leadership of Gosstroy of Russia put everything in its place: Gosstroy again assumed the powers of the licensing body. By the way, for some of the agreements the term has already expired, for others it has not been extended, and for the rest, notification of the decision has been sent. On April 1, 2001, the transition to the established order was largely completed.

Currently, the Federal Licensing Center under the leadership of General Director A.S. Krivov and its 54 branches in seven federal districts are engaged only in document management - receiving applications and packages of licensing documents from applicants and licensees, preliminary checking of papers for completeness and compliance with licensing requirements and conditions, maintaining an archive, creating databases of licensees to the extent necessary to maintain a unified register, issuing a document confirming the presence of a license from the State Committee for Construction of Russia.

The scheme for considering an application for a license was as follows: district branches of the Federal Licensing Center under the Gosstroy of Russia are the main conductors of ideas and approaches in relation to licensing. In general, the branches of the Federal Licensing Center are busy systematizing documents, transferring them to the State Construction Committee of Russia, and maintaining licensing work on their territory. On instructions from the State Construction Committee of Russia, branch employees participate in monitoring compliance with licensing requirements and conditions.

From the branch to which the applicant applied, the documents submitted to obtain a license are transferred to an expert commission, which includes representatives of the executive branch of the territory from the administration of the subject of the Federation, including the vice-governor in charge of construction.

The minutes of this commission are sent to the Federal Licensing Center. Based on the summary protocols, materials are prepared for the meeting of the Licensing Expert Commission of the Gosstroy of Russia, which weekly, or even several times a week, considering them, makes a decision on the issuance of licenses, re-issuance of documents confirming the availability of licenses, suspension and renewal of licenses and their cancellation in accordance with legislation of the Russian Federation. The decision is formalized in a protocol and signed by the chairman of the State Construction Committee of Russia.

By Decree of the President of the Russian Federation dated March 9, 2004 No. 314 “On the system and structure of federal executive bodies, the State Committee of the Russian Federation for Construction and Housing and Communal Services was transformed into the Federal Agency for Construction and Housing and Communal Services, its functions for the adoption of regulatory legal acts in the established field of activity were transferred to the Ministry of Industry and Energy of the Russian Federation, and the functions of control and supervision were transferred to Federal service on technological supervision;

This Decree clarified that the functions of adopting normative legal acts mean issuing, on the basis and in pursuance of the Constitution of the Russian Federation, federal constitutional laws, federal laws, obligatory for execution by state authorities, local government bodies, their officials, legal entities and citizens of rules of conduct that apply to an indefinite number of persons, and the functions of control and supervision are understood as the implementation of actions to control and supervise the execution by state authorities, bodies local government, their officials, legal entities and citizens established by the Constitution of the Russian Federation, federal constitutional laws, federal laws and other normative legal acts generally binding rules of conduct, issuance by state authorities, local governments, their officials of permits (licenses) to carry out a certain type of activity and (or) specific actions to legal entities and citizens, registration of acts, documents, rights, objects, as well as the publication of individual legal acts.

Thus, law enforcement functions remained under the jurisdiction of the Federal Agency for Construction and Housing and Communal Services, i.e. publication of individual legal acts, as well as maintenance of registries, registries and cadastres; functions for managing state property, i.e. exercising the powers of the owner in relation to federal property, including those transferred to federal state unitary enterprises. federal government enterprises and government agencies subordinate to a federal agency, as well as management of federally owned shares of open joint-stock companies; functions for the provision of public services, i.e. implementation by federal executive authorities of services of exceptional public importance and provided within established federal legislation conditions to an indefinite number of people.

Also, this Presidential Decree establishes that the federal agency is a federal executive body that, in the established field of activity, carries out the functions of providing public services, managing state property and law enforcement functions, with the exception of control and supervision functions. The federal agency is headed by the head (director) of the federal agency. A federal agency may have the status of a collegial body. The Federal Agency, within its competence, issues individual legal acts on the basis of and in pursuance of the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts and instructions of the President of the Russian Federation, the Chairman of the Government of the Russian Federation and the federal ministry that coordinates and controls the activities of the federal agency. A federal agency may be subordinate to the President of the Russian Federation. In accordance with the Decree, the Federal Agency maintains registers, registries and cadastres; it does not have the right to carry out legal regulation in the established field of activity and functions of control and supervision except in cases established by decrees of the President of the Russian Federation.

The procedure for the relationship between federal ministries and the federal services and federal agencies under their jurisdiction, the powers of federal executive authorities, as well as the procedure for the exercise of their functions by them are established in the regulations on the specified executive authorities.

It should be noted that all restrictions on authority Federal agency do not apply to the powers of his head to manage the property of the federal agency assigned to him by the right of operational management, to resolve personnel issues and issues of organizing the activities of the federal executive body, as well as to the powers to control the activities in the federal executive bodies headed by him.

However, soon, by the Decree of the President of the Russian Federation of May 20, 2004, “Issues of the structure of federal executive bodies,” changes were made to the decree discussed above.

Now the functions of providing public services mean the provision by federal executive authorities directly or through federal government agencies or other organizations subordinate to them, free of charge or at prices regulated by government authorities, of services to citizens and organizations in the field of education, healthcare, social protection of the population and in other areas established by federal laws. That is, the now somewhat vague concept of socially significant services has been deciphered to “services in the field of education, healthcare, social protection of the population.”

On June 16, 2004, No. 286, the Decree of the Russian Federation on the Federal Agency for Construction, Housing and Communal Services was approved, which defined all the powers of the Agency, its rights and obligations, and also described the organization of the activities of the Federal Agency for Construction of Housing and Communal Services. According to this resolution, the Federal Agency for Construction and Housing and Communal Services is a federal executive body that carries out the functions of implementing state policy, providing public services, managing state property in the field of construction, urban planning, the building materials industry and housing and communal services.

The Federal Agency for Construction and Housing and Communal Services is under the jurisdiction of the Ministry of Industry and Energy of the Russian Federation.

The Federal Agency for Construction and Housing and Communal Services performs the following functions in the established field of activity:

1. conducts competitions in the prescribed manner and concludes state contracts for placing orders for the supply of goods, performance of work, provision of services, for carrying out research, development and technological work for state needs in the established field of activity, including to meet the needs Agencies;

2. exercises, in the manner and within the limits determined by federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation, the powers of the owner in relation to federal property necessary to ensure the performance of the functions of federal government bodies, including property transferred to federal state unitary enterprises, federal government agencies and state-owned enterprises subordinate to the Agency;

3. organizes:

carrying out state examination of urban planning, pre-design and project documentation;

training and retraining of specialists in the field of architecture and urban planning;

formation and maintenance of the state fund of comprehensive engineering surveys for construction;

4. carries out an economic analysis of the activities of subordinate state unitary enterprises and approves the economic indicators of their activities, conducts audits of financial and economic activities and use of the property complex in subordinate organizations;

5. carries out the functions of the state customer of federal target, scientific, technical and innovative programs and projects in the area of ​​activity of the Agency;

6. interacts in the prescribed manner with government authorities of foreign states and international organizations in the established field of activity;

7. receives citizens, ensures timely and complete consideration of oral and written requests from citizens, makes decisions on them and sends responses to applicants within the period established by the legislation of the Russian Federation;

8. ensures, within its competence, the protection of information constituting state secrets;

9. ensures mobilization preparation of the Agency, as well as control and coordination of the activities of mobilization preparation organizations under its jurisdiction;

10. carries out vocational training employees of the Agency, their retraining, advanced training and internship;

11. carries out, in accordance with the legislation of the Russian Federation, work on the acquisition, storage, recording and use of archival documents generated in the course of the Agency’s activities;

12. carries out the functions of the main manager and recipient of federal budget funds in terms of funds provided for the maintenance of the Agency and the implementation of the functions assigned to the Agency;

13. organizes congresses, conferences, seminars, exhibitions and other events in the area of ​​activity of the Agency;

In order to exercise powers in the established field of activity, the Federal Agency for Construction and Housing and Communal Services has the right:

1. give to legal and individuals clarifications on issues within the scope of the Agency’s activities;

2. involve scientific and other organizations, scientists and specialists to study issues in the Agency’s sphere of activity;

3. create advisory and expert bodies (councils, commissions, groups, collegiums) in the established field of activity;

4. exercise control over the activities of subordinate organizations.

The Federal Agency for Construction and Housing and Communal Services does not have the right to carry out legal regulation in the established field of activity and functions of control and supervision, except in cases established by decrees of the President of the Russian Federation or decrees of the Government of the Russian Federation.

The established restrictions on the powers of the Agency do not apply to the powers of the head of the Agency to resolve personnel issues and issues of organizing the activities of the Agency, control the activities in the Agency headed by him (its structural divisions).

One of the first documents that the Federal Agency for Construction and Housing and Communal Services focuses on in matters of licensing construction is the Federal Law “On Licensing of Certain Types of Activities.” Decree of the Government of the Russian Federation dated February 11, 2002 No. 135, in accordance with the Federal Law, approved the list of federal executive authorities that carry out licensing. In accordance with this Resolution, the Gosstroy of Russia carries out licensing of the design of buildings and structures of I and II levels of responsibility in accordance with the state standard, the construction of buildings and structures of I and II levels of responsibility in accordance with the state standard, engineering surveys for the construction of buildings and structures of I and II levels responsibility in accordance with state standards.

Based on Article 5 of the Federal Law “On Licensing of Certain Types of Activities”, on March 21, 2002, the Government of the Russian Federation issued a Regulation on licensing activities for the design of buildings and structures of I and II levels of responsibility in accordance with the state standard, Regulations on licensing activities for the construction of buildings and structures of I and II levels of responsibility in accordance with the state standard and the Regulations on licensing of engineering survey activities for the construction of buildings and structures of I and II levels of responsibility in accordance with the state standard. The State Committee of the Russian Federation for Construction and Housing and Communal Sector was appointed as the licensing authority for these types of activities.

As noted above, in 2004, licensing functions were transferred to the Federal Service for Technological Supervision when the State Committee of the Russian Federation for Construction and Housing and Communal Services was transformed into the Federal Agency for Construction and Housing and Communal Services.

In accordance with the Decree of the Government of the Russian Federation of November 24, 1999 No. 1289, the Gosstroy of Russia is defined as the federal body of architecture and urban planning, exercising the powers of the Russian Federation to implement the provisions of the Urban Planning Code of the Russian Federation (Federal Law of May 7, 1998 No. 73-FZ), and also the Federal Law “On Architectural Activities in the Russian Federation” of November 17, 1995. No. 169-FZ.

Decree of the Government of the Russian Federation of November 26, 2001 No. 815 “On the federal target program “Preservation and development of the architecture of historical cities (2002 – 2010)”, signed by the Chairman of the Government of the Russian Federation M.M. Kasyanov, the State customer of this program in relation to urban monuments , architecture, engineering and other real estate objects, the State Committee of the Russian Federation for Construction and Housing and Communal Sector has been determined.

In order to implement this Resolution, by order dated 05/07/02. No. 75 on the State Committee of the Russian Federation for Construction and Housing and Communal Sector was created government agency"Federal Center for the Protection of Architectural Monuments and Urban Planning Art."

The Federal Center was created on the basis of clause 32 of the Regulations on the State Construction Committee of Russia, approved by the Decree of the Government of the Russian Federation of November 24, 1999. No. 1289, which states that the Gosstroy of Russia “makes decisions on the creation... of institutions subordinate to it...”.

In accordance with clause 2 of the Federal Law “On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation” dated June 25, 2002 No. 73-FZ “Relations in the field of conservation, use and state protection of objects cultural heritage(historical and cultural monuments) ... are regulated ... by the legislation of the Russian Federation on urban planning and architectural activities ... ". One of the main functions of Gosstroy of Russia, in accordance with paragraph 7 of the Regulations on Gosstroy of Russia, is the development of measures for the preservation and use of historical and cultural monuments and the implementation, within its competence, of monitoring compliance with the legislation of the Russian Federation on urban planning and architecture.

Federal Center was created as part of the development of measures for the preservation and use of historical and cultural monuments.

In addition, the Gosstroy of Russia transferred to the Federal Center its powers to monitor compliance with the legislation of the Russian Federation on urban planning and architecture in terms of monitoring the safety of monuments.

The creation of the Federal Center was carried out in strict accordance with the current legislation of the Russian Federation.

The main problem in the construction industry at present is the development of the housing mortgage lending system. In connection with this area of ​​work, the Federal Agency is guided by the following regulatory and legal documents:

1. First of all, this is, of course, the Constitution of the Russian Federation;

2. Housing Code of the Russian Federation;

3. Law on privatization of housing stock;

4. Law on Homeowners' Associations;

5. Other laws and regulations issued by the Government of the Russian Federation relating to housing and communal services, as well as the housing mortgage lending system.

2.2 Performance in the construction industry

The main problem in achieving the main goal of state housing policy - affordable housing for citizens of the Russian Federation - is the lack of sufficient financial resources to ensure the dynamic development of the affordable housing market.

A properly functioning financing system, including residential mortgage lending and investment and construction activities, can solve this problem.

The results of recent surveys show that the majority of the population needs to improve their living conditions - more than 77 percent of families included in the survey stated their desire to do so.

The existing effective demand for housing (without mortgage loans) is estimated at 1.2 percent of the population, which is provided by the annual volume housing construction.

About 1.5 percent of families annually purchase new housing (0.3 percent of them at the expense of budgets of all levels).

The growth of real incomes of the population increases the affordability of housing, despite the annual increase in apartment prices at 20 percent.

The Agency's experience in 2003 confirmed the correctness of the position of the Government of the Russian Federation on the need to eliminate obstacles in investment and construction activities and to take steps towards simplifying the procedure for obtaining documents for construction, including the procedure for providing land plots for development.

The State Construction Committee of Russia is currently taking practical steps to organize investment and construction projects in the constituent entities of the Russian Federation, viewed through the prism of the development of the affordable housing market:

• the corresponding tasks were set at the meeting of the final board of the State Construction Committee of Russia, which was held in Omsk in February 2003;

· June 25, 2003 A meeting was held with the participation of the heads of the construction complex of 24 constituent entities of the Russian Federation, at which agreements were reached on the conclusion of general agreements between the State Construction Committee of Russia, the administrations of the constituent entities of the Russian Federation and local governments.

• Within the framework of these agreements, the constituent entities of the Russian Federation undertake obligations to provide land plots with engineering infrastructure for residential development, and the State Committee for Construction of Russia ensures the implementation of investment and construction housing projects on these plots;
• an Agreement on Cooperation was signed between the Gosstroy of Russia and the Agency for Housing Mortgage Lending OJSC, within the framework of which the Agency will refinance credit institutions providing mortgage loans citizens to purchase housing built as part of investment and construction projects;
• in June and August 2003 a number of international agreements on cooperation between the State Construction Committee of Russia and the relevant departments of the Republic of Poland and the Hungarian Republic. These agreements provide for the opening of investment and construction credit lines for the regions of the Russian Federation (with a total volume of 100 million US dollars each).
• a General Contract was signed on the joint implementation of investment and construction housing projects on the territory of the Russian Federation between the Hungarian company “I.I.H.H. Consulting" and FSUE "Federal Investment Construction Center". The first money under this contract, already in November 2004, went to the construction of a residential building in Cheboksary, Chuvash Republic;
• fruitful cooperation is carried out between the State Construction Committee of Russia and the Ministry of Agriculture of Russia within the framework of the federal target program “ Social development village until 2010.”

With the support of the Deputy Chairman of the Government of the Russian Federation - Minister of Agriculture A.V. Gordeev, experimental pilot projects for the construction of housing in rural areas using mortgage lending mechanisms have been developed in the Republics of Chuvashia and Mordovia, in the Vologda and other regions.

A joint order was signed between the Russian Ministry of Agriculture and the Russian State Construction Committee to conduct the experiment.

This experiment is based on principles that combine the use of budget subsidies, own funds citizens and small-scale mortgage loans issued in accordance with Agency standards;

• work began on organizing, together with the Information Business Systems (IBS) company, a housing construction project for 10 thousand families of information technology specialists in the city of Dubna, Moscow Region;
• in June 2003
• a series of meetings with leading design and construction companies was held at the Russian State Construction Committee, at which the task was set to develop residential building projects using modern construction technologies, including energy-saving ones, that meet modern ideas about comfort, but are cheaper;

In the cities of Kazan and Novosibirsk, zonal meetings were organized on the topic “On the concept of the strategy for the development of the construction complex of the Russian Federation for the period up to 2010”, at which proposals were discussed regarding the specification of methods and approaches to the formation of regional programs for the development of the construction complex of the Russian Federation.

The seminar “Housing Finance and Housing Mortgage Lending” scheduled for February 2004 (in Dubna, Moscow Region) within the framework of the Memorandum of Cooperation between the State Construction Committee of Russia and the Ministry of Housing and Urban Development should play an important role in the development of the housing mortgage lending system. USA with the participation of the International Bank for Reconstruction and Development.

All this creates the organizational and financial prerequisites for the implementation of the Program to ensure additional housing commissioning.

Despite significant achievements in the activities of the Federal Agency for last years, serious criticism is caused by the activities of the pricing department of the Gosstroy of Russia. All of his recent activities are a continuous series of violations of legal and regulatory acts of the Russian Federation. Here are the facts. Letters from the State Construction Committee of Russia dated February 26, 1998 No. VB-20-59/12 and dated October 21, 2002 No. АШ-6105/10 established a reduced amount of overhead costs and a lack of profit when determining the cost of construction work performed by individual entrepreneurs.. This is illogical from the point of view vision of any normal person, because it turns out that if two identical organizations operate, the owner of one of them is registered as an entrepreneur without forming a legal entity, and the other as a limited liability company, so the first one should work without profit, and with lower overhead costs than the second one, because he named himself not this way. In addition to common sense, this letter contradicts Article 1, paragraph 1 of Article 10 of the Civil Code of the Russian Federation, Article 7 of the Law “On Competition and Restriction of Monopolistic Activities in Product Markets”, because puts small business representatives in unequal conditions compared to other contractors (legal entities).

By letter dated 01.11.01. No. NZ-5974/10, when constructing facilities in Moscow at the expense of the federal budget, it is recommended to apply correction factors: 0.86 – for construction projects; 0.84 - for major repairs without justification of calculations and differentiation by type of work. Where did these numbers come from?! They say Moscow pays a lot. So does a private investor who invests his money and ignored this letter overpay? Doubtful. Most likely, at federal facilities, additions are made to compensate for this product of the “rule-making” of the pricing department or they deliberately reduce the quality of work. Is this why most federal facilities employ guest workers from Ukraine, Moldova, Turkmenistan, etc.?

Now about the legal basis of this “rule-making”.

Firstly, in accordance with paragraph 2 of the “Rules for the preparation of normative legal acts by federal executive bodies and their state registration”, approved by Government Decree No. 1009 dated 13.08.97, the publication of normative legal acts in the form of letters and telegrams is not allowed, all normative legal acts must be formalized in decrees, orders and regulations and come into force after their registration with the Ministry of Justice of Russia. And how long, in violation of the established procedure, will the customer and treasury services use these unavailable legal force letters as a guide to action!? It is necessary to hold accountable for this not only the pricing department of the Gosstroy of Russia, but also those who along with it break the law!

Let's consider the resolutions of the State Construction Committee of Russia dated 08.04.02 No. 16 and 21.001.03 No. 14.

Firstly, who authorized the executive body (Gosstroy of Russia) to cancel the decisions of a higher executive body (the Council of Ministers of the USSR)? With the introduction of a new regulatory framework, the Gosstroy of Russia begins to influence the budget of the Russian Federation, and this is already at the level of at least the State Duma and the Government. Isn’t the Gosstroy of Russia assuming too much power and where does the Department of Registration and Control of Departmental Normative Acts of the Ministry of Justice of Russia look when an absolutely unauthorized legal act is recognized as legitimate and does not require registration?! It does not need registration - it needs consideration and legal assessment!

The letters from the State Committee for Construction of Russia dated March 14, 2003 are interesting. No. NK-1565/10 and dated March 17, 2003. No. NK-1590/10. Not only do they violate certain provisions of the above laws, but they also contradict generally accepted ethical standards.

It’s surprising how the pricing department of the Gosstroy of Russia and the lawyers of this department did not notice the release of the law “On Technical Regulation”. Based on this document, prices in construction will no longer be regulated by the state.

It seems that the Gosstroy Pricing Department sets laws for itself and requires others to comply with them. It is not surprising that in response to letters that point to the ongoing lawlessness, the pricing department refers to the MDS, prepared by it, but recognized by the Ministry of Justice as illegal, or the powers assigned to itself. Truly, the long-suffering of the Chairman of the State Committee for Construction is great.

Now about the standards themselves. Who needs the cost of unit prices in the form in which Gosstroy develops them - in the form average temperature around the hospital. Specialists who want to get an accurate estimate of cost use the resource method. The “communist” method of approved standards is intended to make life easier only for customers and regulatory authorities. What standards are we talking about if, when paying for work performed, the customer and the contractor begin to bargain to increase the basic price level by 15 or 17 times? If necessary, they will always agree on how much to increase the cost of construction in order to divide the money among themselves and leave something for the regulatory authorities. And all this is covered by approved prices. The KRU or the Accounts Chamber checked the prices - everything complies with the standards. And the fact that actual costs are very different from standard costs does not bother anyone. And this is the government approach?!

So what prevents our state from stopping budgetary funding of grassroots regulatory bodies, and using the proceeds to hire engineering firms that will perform construction control functions. It makes no difference what standards will be used. When preparing a tender, both the investor and the contractor will choose for themselves which standards are most suitable for accurately determining the cost. And at the stage of work execution, calculations should be made on the basis of resource consumption rates and their actual cost. And monitoring of the cost of resources can be carried out by any independent structures that currently exist in most investment-attractive regions. And there is no need to be afraid that officials from regulatory bodies will be left without work - the best of them, those who are truly capable of doing the work, will move to engineering firms. The state has global control over the financing of facilities as a whole!

There is already positive experience of such work. Most of the budgetary urban construction in Moscow is controlled by the “private” enterprise MOSKAPSTROY and its “private” TUXES. But no one dares to say that they are throwing away city money, rather the opposite, and any of their contractors will confirm this.

I am sure that the customer and the contractor will be much more afraid of the “construction auditor” than the Audit Office and the Accounts Chamber combined, and if the auditor is given a decent percentage of the identified cost overruns, then there will be no more demanding controller. Moreover, a private engineering company has the opportunity to attract any specialists, which government agencies cannot afford.

So why are we taking so long to “collectively” release a “new” regulatory framework that contains no more than 100 new technologies compared to the 1984 framework? The answer is simple. From reliable sources, in 2002, the Interregional Center for Pricing in Construction (ICPC) earned 18,163,000 (eighteen million one hundred sixty-three thousand) rubles from distributing regulatory documents on the new costing and regulatory framework.

New regulatory documents on pricing in construction have been on sale for more than 3 years. In total, according to the most conservative estimate, they earned at least 90,000,000 (ninety million) rubles or about 3,000,000 (three million) US dollars, with minimal costs for replication. For comparison, the MTSN 81-98 base cost the Moscow government in 1998 4,600,000 (four million six hundred thousand) rubles or about $287,500 in the corresponding exchange rate. The question arises: where is the money and where is the base? The answer suggests itself - it is not the base that is needed, but the money from its implementation. That is why the “new” Gosstroy base is an almost completely redrawn old one. With the same success, it would be possible to add new prices to the old 1984 standards. But how then to sell what everyone already has?!

Gosstroy has not carried out such comparisons and cannot carry them out, because Today there is no complete set of FER collections. And how can you compare the Moscow base with the standards of a “virtual” region, calculated as the arithmetic average of several regions of the center of Russia?!

For example, the absence of bureaucratic dictate in the market of software products and computers in Moscow has led to the fact that programs and computers from Moscow manufacturers are the best in quality and the cheapest in Russia in their class.

A situation that is unique for Russia, but natural for the entire civilized world, has been created in Moscow. Rulemaking in construction is carried out by an independent engineering firm, reflecting the interests of all participants in the investment process, and all this work is carried out at its own expense. Independent engineering firms perform the functions of a customer in Moscow, standing guard over budget money. Moreover, without consulting at all with the pricing department of the State Construction Committee. The example of Moscow shows how outdated this management is.

2.3 Work of the Russian State Construction Committee in the field of construction in 2003

Today, the Russian construction complex unites more than 130 thousand organizations and enterprises, including 112.9 thousand. construction organizations, about 9.3 thousand organizations in the building materials industry, more than 10 thousand design and survey organizations various forms property.

In 2003, Gosstroy of Russia served as the state customer for 437 construction projects and facilities within the framework of 7 federal target programs, 9 subprograms and the federal targeted investment program. The total volume of government capital investments in the State Construction Committee of Russia amounted to 5.8 billion rubles.

Of great importance in the past year was the determination of strategic directions for the development of the Russian construction complex for the period up to 2010.

On April 25, 2003, a meeting was held at the State Construction Committee of Russia with the participation of heads of federal executive authorities, constituent entities of the Russian Federation, and organizations of the construction complex, at which the issue “On the strategy for the development of the construction complex of Russia for the period up to 2010” was discussed. The project “Strategy for the development of the construction complex of the Russian Federation for the period up to 2010” was prepared in August 2003.

Of decisive importance for the sustainable development of both the construction sector and the building materials industry, as well as for attracting investors, is the presence in the constituent entities of the Russian Federation of promising long-term scientifically based plans for the development of cities and towns, the development of residential areas and territories, forecast calculations on the volume and structure of housing construction to develop regional balances of supply and demand for building materials, products and structures.

The presence of such regional forecasts, as well as an urban development strategy for Russia as a whole and for the constituent entities of the Russian Federation, will give enterprises and investors confidence in planning the development and organizing the production of specific materials, structures and parts.

With the assistance of the State Construction Committee of Russia, industry development programs are being developed in all constituent entities of the Russian Federation based on their geographical, natural, historical, demographic and other characteristics. Currently, regional programs for the development of construction complexes of most constituent entities of the Russian Federation are presented in the State Construction Committee of Russia.

In 2003, the upward trend in production volumes continued in the building materials industry: the industrial production index compared to 2002 was 106.4%.

In general, the domestic construction materials industry is focused on the domestic market and provides the basic needs of the country’s construction complex. There is a constant increase in the output of high-quality competitive products. However, the share of imported building materials for some items (including linoleum, ceramic tiles, natural stone products) in sales volume on the domestic market continues to remain quite high - within 20-35%.

At the same time, there are still many unresolved problems in the industry.

Many domestic building materials are inferior in quality; the best foreign samples are low in certain positions specific gravity competitive products. The range of domestically produced thermal insulation materials based on glass, basalt, perlite and other natural minerals, sanitary products, low-emissivity, heat-reflecting and architectural glass is limited.

The technical level of most Russian enterprises still lags significantly behind modern requirements. Enterprises producing cement, thermal insulation, wall and roofing materials are being re-equipped at a low pace.

The construction materials and products industry is one of the most fuel- and energy-intensive industries National economy. The share of fuel and energy in the structure of costs for production and sales of products in the industry as a whole is more than 16%, and in the cement industry - up to 41%. Therefore, energy saving in the building materials industry is one of the primary tasks.

In connection with Russia's upcoming accession to the WTO and the subsequent restriction of the choice of methods of state regulation of foreign economic activity, the complication of methods of protection from competition from imports within the framework of WTO rules, the domestic industry of building materials, products and structures faces a serious task in maintaining and strengthening its positions in the domestic and foreign markets and eliminating factors of low competitiveness. In this regard, it is necessary to accelerate the pace of re-equipment and modernization of the industry’s production potential through the introduction of resource- and energy-saving technologies and equipment, and to expand the production of highly efficient and competitive domestic building materials, products and modern home improvement items.

In 2003, the State Construction Committee of Russia with the participation of industry commercial and non-profit organizations and enterprises, a draft of the Main Directions for the Development of the Construction Materials Industry for the Period up to 2010 was prepared, which, after consideration at a meeting of the board of the Gosstroy of Russia, a number of zonal meetings, was agreed upon with the executive authorities of the constituent entities of the Russian Federation, the relevant federal ministries and departments and sent to the Government of the Russian Federation.

In recent years, the Russian State Construction Committee has been consistently working to reform the existing regulatory framework in accordance with new needs, legislation, economic and organizational conditions of construction. New impulse This work was given entry into force on July 1, 2003 by the Federal Law “On Technical Regulation”.

In order to implement this Law, the State Construction Committee of Russia has developed and agreed upon with the interested authorities a project new system regulatory documents in construction (SNiP 10-01), all have been prepared necessary materials according to the approval of the technical committee "Construction", whose function should be the development of technical regulations and national standards in the field of construction.

A list of priority technical regulations (in the form of federal laws) in the field of construction for the period until 2010 has been prepared and submitted to the Government of the Russian Federation.

In 2003, work continued on forming a network and maintaining a register of certification bodies accredited by the Gosstroy of Russia, testing laboratories (centers), and training experts in the GOST R Certification System in the field of construction.

29 organizations and 50 testing laboratories (centers) in construction operating in the territories of the constituent entities of the Russian Federation are accredited as certification bodies. 180 experts were trained in product certification, and 7 seminars were held. 45 people were certified as experts of the GOST R Certification System in the field of construction.

Most of the documents developed by the Russian State Construction Committee are accepted as interstate documents for the CIS countries. In 2003, the Interstate Scientific and Technical Commission for Standardization, technical standardization and certification, 22 normative and technical documents on construction were adopted.

As a result of the development of federal budget funds and the attraction of funds from constituent entities of the Russian Federation within the framework of the subprogram “Resettlement of citizens of the Russian Federation from dilapidated and emergency housing stock,” which is part of the federal target program “Housing” for 2002 - 2010, it was liquidated in 2003 dilapidated and dilapidated housing with an area of ​​423,721 m 2 and 23,540 people were resettled into comfortable housing, including, at the expense of the federal budget, 127,115 m 2 of dilapidated and dilapidated housing were liquidated and 7,061 people (approximately 2,354 families) were resettled.

The average housing supply in Russia today is 20 m 2 of total area per resident.

The development of market relations in the provision of housing and communal services involves the development of contractual relations with consumers of these services. The coverage of residential premises rental agreements in Russia as a whole is 43.4%. The share of maintenance contracts with residential property owners in Russia is 53.1%. Servicing of the housing stock by contractors on a contractual basis is 37.6% in the country as a whole.

The most important area of ​​activity of Gosstroy of Russia in 2003 was performing the functions of the customer-coordinator of the federal target program “Housing” for 2002-2010 (hereinafter referred to as the Program), approved by Decree of the Government of the Russian Federation of September 17, 2001 No. 675.

In accordance with the List of main activities of the Program, work continued to improve and develop the legislative and regulatory framework for changes in the housing sector; during the year, more than 30 legislative and other regulatory legal acts in the field of housing policy were adopted.

One of the main tasks in this direction was the development, with the participation of interested federal executive authorities, of a draft Housing Code of the Russian Federation.

The draft Housing Code of the Russian Federation and the bills “On the entry into force of the Housing Code of the Russian Federation”, “On introducing amendments and additions to the Civil Code of the Russian Federation” were considered and approved at a meeting of the Government of the Russian Federation on April 17, 2003 and, after finalization, were submitted to the Government of the Russian Federation in July 2003

The State Construction Committee of Russia is raising the issue of submitting the draft Housing Code of the Russian Federation for consideration by the State Duma during the spring session.

Much work was carried out to improve the legislative and regulatory framework, introducing changes and additions to federal laws.

Among them is the Federal Law of May 6, 2003 No. 52-FZ “On introducing amendments and additions to the Law of the Russian Federation “On the Fundamentals of Federal Housing Policy” and other legislative acts of the Russian Federation in terms of improving the system of payment for housing and utilities,” in which the procedure for financing and sources of benefits for paying for housing and communal services, and the powers of the constituent entities of the Russian Federation have been determined.

In accordance with the Decree of the Government of the Russian Federation dated 08.08.2003 No. 1084-r, a draft resolution “On providing citizens with subsidies for housing and utilities” was prepared and sent to the Government of the Russian Federation; Decree of the Government of the Russian Federation dated April 1, 2003 No. 179 approved the Rules for the provision of Fund for co-financing social expenses of subsidies for partial reimbursement of expenses of the consolidated budgets of the constituent entities of the Russian Federation associated with the provision of subsidies to the population for housing and utilities.

In 2003, a draft procedure for registering condominiums and shares in the right of homeowners to common property in a condominium was developed, which was considered at a meeting of the Scientific and Technical Council of the State Construction Committee of Russia on December 11, 2003, and proposals were prepared for introducing amendments and additions to the Federal Law “On Partnerships” homeowners."

Reform of economic relations continued to ensure the effective use of available financial resources, as well as to attract private investment. The main part of the program activities is carried out at the regional and municipal levels of management with the methodological and technical assistance of the State Construction Committee of Russia.

The subprogram “Resettlement of citizens of the Russian Federation from dilapidated and emergency housing stock” is being more actively implemented.

In 2003, for the resettlement of citizens from dilapidated and emergency housing stock, the State Construction Committee of Russia, as the state customer of the subprogram, was allocated funds for its implementation in the amount of 1348.05 million rubles, which were sent to 52 constituent entities of the Russian Federation. Funds are allocated mainly for the completion of construction of highly completed facilities or the purchase of housing in the current year. Subjects of the Russian Federation additionally raised more than 3 billion rubles for these purposes. However, according to calculations by the Russian State Construction Committee, in order to stop the processes affecting the dilapidation and breakdown of housing, until 2010, about 30 billion rubles must be allocated annually from all sources of financing, including 9 billion rubles from the federal budget.

The federal target program “Housing” for 2002-2010 includes the federal target program “State Housing Certificates” (state customer Gosstroy of Russia), approved by Decree of the Government of the Russian Federation of January 20, 1998 No. 71, the validity of which was extended to 2003 G.

Based on the Schedule for the Issue and Distribution of State Housing Certificates, 18,035 certificates were issued in 2003 in the amount of 11,030.8 million rubles. and 14,518 certificates were issued to Program participants in the amount of 10,007 million rubles, of which 8,903 certificates were sold (paid for) (61.3% of issued) in the amount of 5,982.3 million rubles. In addition, the Russian Ministry of Finance allocated funds for the redemption of certificates issued in 2002; 4,936.5 million rubles were spent on 8,504 such certificates.

In total, in 2003, using certificates issued in 2002 and 2003, 17,407 families purchased housing (96.5% of the number provided for in the Schedule).

The Government of the Russian Federation, by Resolution No. 700 of November 20, 2003, approved the subprogram “State Housing Certificates” for 2004-2010, which is part of the federal target program “Housing” for 2002-2010.

The subprogram “Reform and modernization of the housing and communal complex of the Russian Federation” of the federal target program “Housing” for 2002-2010 was approved by Decree of the Government of the Russian Federation of November 17, 2001 No. 797, the state customer is the State Construction Committee of Russia, which was allocated funds for its implementation in in the amount of 557.93 million rubles.

The list of construction projects and facilities approved by Decree of the Government of the Russian Federation dated January 21, 2003 No. 81-r, for which Gosstroy is the state customer, includes 90 water supply, sewerage, heating, etc. facilities.

The subprogram “Providing housing for participants in the liquidation of consequences of radiation accidents and disasters” (the state customer is the Russian Ministry of Emergency Situations) was financed in 2003 in the amount of 120.7 million rubles, including federal budget funds amounting to 88.5 million rubles, which listed in 81 subjects of the Russian Federation. Participants in this subprogram were provided with 105 apartments.

The subprogram “Providing housing for citizens of the Russian Federation subject to resettlement from the Baikonur complex” (state customer - Gosstroy of Russia) was approved by Decree of the Government of the Russian Federation of May 20, 2002 No. 325. In 2003, an agreement was concluded between Gosstroy of Russia and the administration of the city of Baikonur financing of government capital investments for the implementation of the subprogram in the amount of 8.1 million rubles.

In 2003, the tasks of state support for forced migrants and their housing arrangement were solved within the framework of the federal target program “Housing”. The federal budget allocated 655.8 million rubles for these purposes. Using allocated funds, 670 apartments were purchased for internally displaced persons, and 1,338 certificates were issued to provide them with free subsidies for the construction or purchase of housing. In addition, subsidies were paid to 490 families of internally displaced persons. In total, using federal budget funds, state support was provided for permanent housing arrangements to almost 2,500 families of internally displaced persons (71.4% compared to 2002).

The federal target program “Housing” provides for the implementation of measures to implement the Federal Law “On housing subsidies for citizens leaving the regions of the Far North and equivalent areas.” In accordance with Decree of the Government of the Russian Federation dated March 4, 2003 No. 273-r, public investments in the amount of 812.13 million rubles were allocated to solve the housing problems of citizens leaving or who have left the regions of the Far North and equivalent areas.

The “Your Home” subprogram (state customer - Gosstroy of Russia) in accordance with the decision of the Government of the Russian Federation (protocol dated September 6, 2002 No. 33) is currently being adjusted.

As part of the R&D provided for by the federal target program “Housing”, measures were taken to improve the legislative and regulatory framework related to the implementation of housing reform. For these purposes, the Russian State Committee for Construction and Construction allocated 7.84 million rubles. In accordance with the R&D plan, 40 research projects were completed in 2003, the results of which were discussed at sections of the Scientific and Technical Council of the State Construction Committee of Russia.

In 2003, work continued to implement the Concept for the Development of Housing Mortgage Lending in the Russian Federation.

On February 20, 2003, at a meeting of the Government of the Russian Federation, the issue of progress in implementation decisions taken on the development of mortgage lending and additional measures in this area, and instructions were given to improve legislation aimed at creating a mortgage market valuable papers and reducing the tax burden for citizens building or purchasing housing.

The State Construction Committee of Russia prepared and submitted to the Government of the Russian Federation a list of draft regulatory legal acts and other documents necessary for the development of the housing mortgage lending system in the Russian Federation. Of the bills included in the list, the President of the Russian Federation has currently signed Federal Law No. 104-FZ of July 7, 2003 “On invalidating the provisions of legislative acts of the Russian Federation regarding tax control over the expenses of individuals,” Federal Law of July 7, 2003 No. 110-FZ “On Amendments to Articles 219 and 220 of Part Two Tax Code Russian Federation”, as well as the Federal Law of November 11, 2003 No. 152-FZ “On Mortgage Securities”, which regulates relations arising during the issue, issue, delivery and circulation of mortgage-backed securities.

As a result of measures taken by the State Construction Committee of Russia to form housing mortgage lending programs in the constituent entities of the Russian Federation by the Agency for Housing Mortgage Lending in 2002-2003. Agreements on joint activities in this direction have been concluded with 46 regions of the Russian Federation. Currently, mortgage loans are provided by more than 30 banks, the total volume of loans amounted to over 200 million US dollars.

Professional participants in the mortgage market began to show greater interest in coordinating their activities. About 300 banks unite in the Mortgage Lending Committee of the Association of Russian Banks and prepare their own mortgage programs.

The process of creating the National Association of Professional Participants in the Mortgage Market (NAUMIR), initiated by the State Construction Committee of Russia and approved by the Government Commission on Housing Policy, is nearing completion.

At the same time, only providing mortgage housing loans to the population without taking other measures is not capable of solving the problem of underdeveloped housing markets. Home mortgage lending system main factor increasing the affordability of housing for citizens should be considered as a set of mechanisms that ensure the coordinated development of the housing market, the mortgage loan market and the mortgage-backed securities market.

The housing mortgage lending system can ensure maximum development of the affordable housing market through further improvement of regulations and other documents, as well as the use of a set of organizational measures.

The State Construction Committee of Russia is fruitfully cooperating with the Ministry of Agriculture of Russia within the framework of the federal target program “Social development of rural areas until 2010”. A joint order was signed by the Ministry of Agriculture of Russia and the State Construction Committee of Russia on conducting an experiment on the construction of housing in rural areas using mortgage lending mechanisms in the Chuvash Republic and the Republic of Mordovia, the Vologda Region and a number of other regions.

The Gosstroy of Russia, in accordance with Federal Law dated 08.08.2001 No. 128-FZ “On licensing of certain types of activities” and Decree of the Government of the Russian Federation dated 11.02.2002 No. 135 “On licensing of certain types of activities”, carries out licensing of three types of activities: construction, design and engineering surveys for the construction of buildings and structures.

In 2003, 73,778 licenses were issued, licenses were denied to 222 applicants, 1,196 licenses were reissued, warnings were issued to 2,324 licensees, 2,438 licenses were suspended, 215 licenses were renewed, and 17 licenses were cancelled.

Gosstroy of Russia is actively developing international cooperation, aimed primarily at attracting foreign investment and loans and creating conditions for the export of construction services of Russian organizations, and continues to develop mutually beneficial international relations with construction ministries and companies in more than 50 countries.

An example of an active international cooperation in the field of housing and communal services, the implementation of the Russian-French project to attract investment in the modernization of water supply systems can serve Russian cities, attracting the largest French companies to manage the concession basis utility companies.

Work is underway to sign and enter into force international agreements on foreign loans IBRD and EBRD. At the same time, previously signed IBRD loans aimed at solving the problems of reconstructing urban heat supply systems (9 cities) and urban water supply and sewerage systems (14 cities) for a total amount of 207.5 million US dollars are being successfully implemented. The final borrowers are municipalities and utility companies.

After a long period of stagnation in resolving the issue of protecting St. Petersburg from floods, when only minimal work was carried out at the sites of the complex of protective structures for several years necessary work, there was a turning point both in resolving issues of financing the project and in intensifying the work itself.

Issues of insurance of construction risks, housing, and infrastructure facilities are vitally important both for the state and for any citizen of Russia.

The State Construction Committee of Russia has developed the necessary regulatory and methodological framework for risk insurance during construction and installation work, during the maintenance and repair of residential buildings, public utility facilities, and housing maintenance, created an Advisory Council for the development of insurance in construction and housing and communal services, and has established close cooperation with leading Russian insurance companies hold competitions to select insurance organizations to insure facilities for which the State Committee is the state customer for the construction.

Gosstroy of Russia has done a lot of work to organize insurance of housing and infrastructure facilities built using federal budget funds in the Southern Federal District for families affected by the flood in June 2002, and intends to do so in all regions of the Russian Federation where the risk of natural disasters is high and man-made disasters, intensify work to ensure insurance protection of construction projects and housing and communal services using government support measures and measures to explain the social importance of insurance mechanisms.

There is an obvious need to use other sources and mechanisms for compensation for damage caused to the housing stock by accidents, fires and other events, and the development of fundamentally new solutions related to the flexible, socially oriented use of insurance mechanisms in the housing and communal services sector is required.

The State Committee has developed and submitted for consideration to the Government Commission on Housing Policy a draft federal law “On compulsory insurance of residential premises in the Russian Federation.”

Now there is an important and responsible task to ensure the coordination of the actions of the State Construction Committee of Russia with other federal executive authorities and executive authorities of the constituent entities of the Russian Federation to develop an effective economic and financial mechanism that will create favorable preconditions for the development in our country of a civilized, national insurance market that meets modern requirements and protecting the interests of Russian citizens.

The Russian State Construction Committee pays attention not only to increasing production efficiency, but also to the social protection of workers in the construction and housing and communal services complexes. Together with industry trade unions and employers' unions, the State Committee is working on the implementation of Industry Tariff Agreements for the construction and building materials industry of the Russian Federation for 2002 -2004, in which social issues, including labor protection, come first. In 2004, Industry Tariff Agreements for 2005-2007 will be developed.

To reduce injuries and ensure occupational safety in construction, the Gosstroy of Russia, together with the construction management bodies of the constituent entities of the Russian Federation, provides assistance to construction organizations in the formation of labor protection services and provides methodological guidance to their activities.

In 2003, the Russian State Construction Committee introduced two new regulatory documents: SP 12-135-2003 “Labor safety in construction. Industry standard instructions on labor protection”, approved by the Decree of the Gosstroy of Russia dated 01/08/2003 No. 2, and “Recommendations for the development of local regulations (enterprise standards) used in the labor safety management system of a construction organization”, approved by the Decree of the Gosstroy of Russia dated 13.10 .2003 No. 183.

In accordance with the main directions for stabilizing the Russian economy in 2004, the construction complex is assigned a significant role in restructuring economic sectors and overcoming existing crisis phenomena.

3 Activities of the Federal Agency in the field of housing and communal services

3.1 Organizational, legal and documentation support for the Agency’s activities in the field of housing and communal services

In the field of housing and communal services, the Decree of the Government of the Russian Federation of January 29, 2001 N 64 “On the Government Commission on Housing Policy” is in force (as amended on July 5, 2001, November 21, 2002, August 23, 2003), in in accordance with which the Government Commission on Housing Policy (hereinafter referred to as the Commission) was formed in order to coordinate the activities of federal executive authorities and executive authorities of the constituent entities of the Russian Federation on the implementation of state housing policy, including on the development of the housing mortgage lending system and housing reform utilities in the Russian Federation

Organizational, technical, information and analytical support for the activities of the Commission is provided by the State Committee of the Russian Federation for Construction and Housing and Communal Services.

Thus, Gosstroy of Russia is the leading organization coordinating the conduct of housing and communal policy in the Russian Federation. Accordingly, the Gosstroy of Russia (now the Federal Agency for Construction and Housing and Communal Services) regularly publishes reports on the state of the housing and communal services and construction sector in the country, and provides appropriate analysis and forecasts for the further development of the industry.

Also, the Federal Agency makes relevant proposals to the Government of the Russian Federation to improve the situation, substantiates the possibility and necessity of obtaining loans from international financial organizations, after which the Government considers these proposals and, if agreed, publishes the relevant orders (an example of this is the order of the Government of the Russian Federation dated 12 February 2001 N 200-r, in accordance with which the proposal of the Gosstroy of Russia, agreed with the Ministry of Finance of Russia, the Ministry of Economic Development of Russia and the Ministry of Foreign Affairs of Russia, was accepted to hold negotiations in Moscow with the International Bank for Reconstruction and Development (IBRD) to raise a loan for financing of the city heating project).

3.2 Information certificate on the state of housing and communal services in the Russian Federation

The housing stock of the Russian Federation accounts for more than 30% of the country's total reproducible real estate, which totals 2.85 billion square meters. meters of total area, including: municipal housing stock - 642.5 million square meters. m or 22.5%, state - 199.2 million sq. m. m or 7.0%, private - 1980.0 million sq. m. m or 69.4%, public - 1.5 million sq. m. m or 0.1%, mixed ownership -29.6 million sq. m. m or 1.0%. As a result of the process of transferring the departmental (state) housing stock into municipal ownership, the share of the state (departmental) housing stock decreased from 898.0 million square meters. meters in 1992 to 199.2 million square meters. meters currently and amounted to 7.0% of the country's total housing stock. However, this process occurs unevenly in different regions of the Russian Federation and the indicators of a number of regions differ from the Russian average. Thus, in the Evenki Autonomous Okrug there is 1.1% of such housing left, in the Belgorod region - 1.3%, in the Novgorod region - 1.7%, in the Krasnodar Territory and Volgograd region - 1.8%, in the Chuvash Republic, Lipetsk region and Aginsky Autonomous Okrug - 1 ,9%. In the Taimyr Autonomous Okrug - 36.4%, in the Republic of Sakha (Yakutia) - 31.5%, the Jewish Autonomous Region - 17.0%, the Chita Region - 13.0%, the Amur Region - 12.3%, the Udmurt Republic and Khabarovsk region - 10.8%. Total buildings in the Russian Federation: 19.0 million units. The distribution of houses by year of construction, percentage of wear and tear and wall material, as well as the improvement of houses with the main types of improvement are displayed in tables 1 – 4.

Table 1 Distribution of houses by year of construction

Table 2 Distribution of residential buildings by percentage of wear and tear

Table 3 Distribution of residential buildings by wall material

	million units
stone, brick
panel
mixed
wooden
Availability of residential apartments:
	million units
including one-room apartments
two-room apartments
three-room apartments
four-room or more

Table 4 Improvement of residential buildings by main types of improvement

In the Republic North Ossetia, Khabarovsk Territory, Kaliningrad, Magadan, Moscow, Murmansk, Novosibirsk, Sverdlovsk and Tyumen regions, Moscow and St. Petersburg and a number of other regions, improvement of housing stock by main types engineering support higher than the Russian average. However, in the Republics of Adygea, Altai, Bashkortostan, Buryatia, Dagestan, Kalmykia, Karelia, Komi, Mordovia, Tyva, Chuvash and Sakha (Yakutia), Jewish Autonomous Region, Arkhangelsk, Astrakhan, Bryansk, Vladimir, Volgograd, Irkutsk, Kurgan, Novgorod and Chita regions, these indicators are significantly lower than the Russian average. More than 300 million sq. meters (11% of the total housing stock) is in urgent need of major repairs and refurbishment of communal apartments for family occupancy; 250 million sq. meters (9%) in reconstruction. About 20% of the urban housing stock has not yet been improved, and in small towns every second house does not have full engineering support. In general, about 40 million people live in poor apartments in Russia. In 2003, only 4.8 million square meters of municipal and state housing stock were renovated. m or 0.5% with an annual standard of 4-5 percent. Due to the current economic situation in the country, the shortage of funds in budgets at all levels for the maintenance and repair of the housing stock, the dilapidated and emergency housing stock subject to demolition with wear and tear of more than 70 percent increases from year to year. If in 1995 this amounted to 37.7 million square meters. meters, it currently totals 88.7 million square meters. meters or 3.1% of the total housing stock, which is home to about 5.0 million people (3.4% of the country's population). Significant volumes of such housing are available in the republics of Altai, Buryatia, Dagestan, Ingushetia, Sakha (Yakutia) and Tyva, Khabarovsk Territory, Astrakhan, Amur, Irkutsk, Kemerovo, Orenburg, Tula and Tyumen regions and fluctuates and exceeds the Russian average of 8.5- 2 times. In the Republic of Kabardino-Balkaria, Krasnoyarsk Territory, Kamchatka, Kostroma, Murmansk, and Tambov regions, dilapidated and dilapidated housing is almost at the level of the Russian average. In the Republics of Bashkortostan, Kalmykia and Mari El, Altai and Krasnodar territories, Belgorod, Bryansk, Volgograd, Voronezh, Kursk, Lipetsk, Omsk and Penza regions the share of such housing is below the Russian average. To solve the problem of liquidation of dilapidated and dilapidated housing stock, Decree of the Government of the Russian Federation dated January 22, 2002 No. 33 approved the subprogram “Resettlement of citizens of the Russian Federation from dilapidated and dilapidated housing stock,” which is part of the federal target program “Housing” for 2002-2010. To resettle citizens from dilapidated and dilapidated housing stock in 2003, Gosstroy of Russia, as the state customer, was allocated 1322.0 million rubles, which were distributed among 66 constituent entities of the Russian Federation. In addition, (according to operational data) funds from constituent entities of the Russian Federation were raised in the amount of 1,850.8 million rubles, extra-budgetary sources - 1,233.9 million rubles. The implementation of the subprogram by the constituent entities of the Russian Federation last year included the completion of residential buildings of a high degree of readiness and the acquisition of residential premises on the secondary housing market with wear and tear not exceeding 30%. As a result of the development of allocated capital investments and attraction of funds from constituent entities of the Russian Federation, about 445 thousand square meters were liquidated in 2003. m of dilapidated and dilapidated housing and resettled over 20 thousand people (over 5 thousand families) into comfortable housing, including the liquidation of dilapidated and dilapidated housing stock - about 130 thousand sq. m. m and over 7 thousand people (about 2 thousand families) were resettled at the expense of the federal budget. The average housing supply in Russia per resident is 20.0 square meters. m of total area (19.7 sq. m of total area at the end of 2002). There are 4,427.7 thousand families on the waiting list for improved housing conditions, which is 8.9% of total number families. Over the past year, 229.3 thousand families, or 5.2% of those registered, improved their living conditions. Thus, it will take more than 20 years to satisfy all those on the waiting list in need of housing. The formation of the housing market in the housing sector has been carried out since the beginning of the process of privatization of the housing stock. In total, since the beginning of privatization, 24.2 million apartments with a total area of ​​1195.4 million square meters have been transferred to the ownership of citizens. m, which is 67.2% of the entire state and municipal housing stock of the Russian Federation subject to privatization. What remains to be privatized is 583.4 million square meters. m or 32.8 percent. Most active the process is underway privatization in the Southern Federal District, where the share of privatized area of ​​the total area of ​​state and municipal housing stock apartments subject to privatization was 69.0%, as well as in the Siberian Federal District - 63.9%. However, the process of privatization in Russia is carried out unevenly. The most active process of privatization is in the Republics of Adygea (84.7%), Altai (93.4%), Bashkortostan (77.5%), Kabardino-Balkaria (86.7%), Kalmyk (78.7%), Tyva ( 78.5%) and Udmurt (94.2%); Altai (89.4%), Krasnodar (83.5%) and Stavropol (93.0%) territories; Astrakhan (87.0%), Belgorod (83.8%), Bryansk region(84.9%), Kaliningrad (74.0%), Kemerovo (77.8%), Omsk (83.7%) and Tomsk (80.2%) regions. Less active in the Republics of Dagestan (48.8%), Karelia (58.1%), Komi 57.1%), Mordovia (58.1%), Sakha (Yakutia) (57.0%) and Chuvashia (55. 0%); Khabarovsk Territory (55.1%); Ivanovo (59.8%), Irkutsk (57.0%), Leningrad (57.6%), Magadan (37.2%), Moscow (57.2%), Oryol (56.0%), Samara ( 47.7%) and Ulyanovsk (57.1%) regions.

3.3 Activities of Gosstroy in the field of housing and communal services in 2003

Currently, the housing and communal services sector is the largest industry in the non-productive sector, employing more than 4.2 million people in almost 10 thousand state and municipal enterprises and about 52 thousand organizations of other forms of ownership. The housing and communal services sector accounts for about a third of all fixed assets in the Russian Federation. With proper care and timely repairs, they could provide comfortable living for the population.

The strategy for the formation of the housing and communal services complex of the Russian Federation is reflected in the concept of its reform and the “Reform and Modernization” program of the federal target program “Housing” for 2002-2010, which covers all areas of necessary transformations. The program is aimed at improving legal and organizational relations, improving and qualitatively updating the housing and communal services infrastructure.

To regulate economic relations, eliminate subsidies for housing and communal services, ensure stability and sufficiency of financing and costs, in 2003 amendments were made to the Law of the Russian Federation “On the Fundamentals of Federal Housing Policy”, which legalized clear and transparent procedures for setting tariffs and prices for housing and communal services and principles of social protection of the population.

A draft resolution of the Government of the Russian Federation “On the procedure for payment for housing and utilities by the population” has been developed and sent to the Government of the Russian Federation, providing not only the procedure and principles for the formation of prices and tariffs for the population, payment for housing and utilities in houses of various forms of ownership, but and the gradual elimination of subsidies for enterprises.

Draft federal standards for the cost of housing and communal services have been developed and agreed upon with all regions of the Russian Federation and closed administrative-territorial entities (CLATEs). A new standard for the cost of major repairs of 1 m 2 of total housing area per month has been introduced, calculated for each constituent entity of the Russian Federation based on the specific cost of building new housing. Decree of the Government of the Russian Federation dated August 25, 2003 No. 522 “On federal standards for payment of housing and utilities for 2004” approved the corresponding parameters for the current year.

Currently, in 17 constituent entities of the Russian Federation, there is almost completely no cross-subsidization of tariffs for water supply, sewerage, heat supply services, as well as destruction, recycling and disposal of solids. household waste. According to 32 regions, the cross-subsidization system will be eliminated by the beginning of this year.

In 2003, the Gosstroy of Russia for the first time carried out an inventory of accounts payable and receivable of housing and communal services enterprises as of January 1, 2003. An analysis of the inventory results showed that financial losses and a decrease in the rate of income growth were due to shortfalls in income, and therefore industry organizations were not making enough money. 79 billion rubles

Insufficient and incomplete financing of housing and communal services enterprises is the main reason for the growth of uncovered debt to creditors: the debt to the federal budget and extra-budgetary funds for taxes and fees, according to inventory data, amounted to 88.8 billion rubles, to organizations of the energy complex - 60 billion rubles. , or 35.5% of the total debt to suppliers and contractors.

In order to comprehensively solve the economic problems that have accumulated in the life support industry, a concept and draft federal law “On the financial recovery of organizations of the housing and communal services complex of the Russian Federation” were developed, establishing legal basis, general principles and conditions for carrying out measures to ensure the bindingness of a consolidated decision of all creditors of the housing and communal services sector on the terms of the restructuring.

In Russia, the process of demonopolization of the housing and communal services industry continues. On average, 16-25% of municipal water, heat and electricity supply enterprises have private or mixed ownership (corporatized, privatized, bought out). The national average share of private enterprises in the field of housing and communal services is 17.3% of the total number of enterprises providing services in this area.

Lease and trust agreements in the housing and communal services sector, regulated by civil law, are already in place, but concession agreements have not been legalized. In pursuance of the decisions of the Government Commission on Housing Policy, the State Construction Committee of Russia, together with the Ministry of Economic Development of Russia and the Ministry of Property of Russia, developed concepts for draft federal laws “On Amendments to the Civil Code of the Russian Federation” and “On Concession Agreements in the Sphere of Housing and Communal Services.”

To effectively attract investment in housing and communal services in order to reduce costs and improve the quality of public services, it is necessary to accelerate the adoption by the State Duma of the Federal Law “On Concession Agreements”. The draft law has been prepared, but only provides for the transfer of property that is not subject to privatization into concession.

In 2003, a council on urban planning and architecture was created under the Gosstroy of Russia. The Main Directions of the State Urban Development Policy of the Russian Federation have been prepared, which were approved at a meeting of the board of the State Construction Committee of Russia and submitted for approval to the Government of the Russian Federation.

Work has been carried out to improve legislation ensuring the development Kaliningrad region, the materials of the territorial comprehensive scheme of urban planning for the development of the region's territory were reviewed, the draft resolution of the Government of the Russian Federation on clarifying the federal target program for the development of the Kaliningrad region for the period until 2010 was reviewed and agreed upon.

A concept for the development of urban planning documentation at the federal level for forecasting the territorial (spatial) development of the Russian Federation - the General Scheme for the Development of the Territory of the Russian Federation (Master Plan of Russia), materials for consideration of the issue of updating the General Scheme of Settlement on the territory of the Russian Federation or the development of a replacement was prepared and sent to the Government of the Russian Federation its document of the General Scheme for the Development of the Territory of the Russian Federation (General Plan of Russia).

Work has been carried out to clarify the General Settlement Scheme on the territory of the Russian Federation, taking into account the main directions of economic development, natural and climatic specifics and other features of the Arctic and Far North regions.

Instructions on the procedure for development, coordination, examination and approval of urban planning documentation have been developed and approved.

The Transport Strategy of the Russian Federation prepared by the Ministry of Transport of Russia was reviewed and agreed upon.

A draft concept of the federal law “On Amendments and Additions to the Federal Law “Town Planning Code of the Russian Federation” and a draft corresponding law have been prepared.

The State Construction Committee of Russia, with the participation of interested ministries, departments and 60 constituent entities of the Russian Federation, is considering the issue of stimulating the relocation of industrial enterprises outside of large populated areas.

State scientific and technical policy in the industry in 2003 was aimed at implementing the tasks arising from the Federal Law “On Science and Scientific and Technical Policy”, materials “Development Strategy of the Russian Federation until 2010”, “Fundamentals of the Russian Federation Development Policy science and technology for the period up to 2010 and beyond,” as well as to provide scientific justification for the development strategy of the construction complex for the period up to 2010.

In 2003, at the expense of the federal budget, more than 100 research and development works were carried out within the framework of federal target programs (“Housing”, “Seismic Safety of the Russian Territory”, “National Technological Base”, etc.) taking into account industry objectives.

The completed scientific developments made it possible to develop the concept of forming new types of energy-saving buildings with a reduction in actual heat consumption by up to 35%. At the same time, the problem of home comfort is being solved in terms of ensuring optimal air-thermal and acoustic conditions.

The implementation of scientific and technical policy requires special attention to solving the problem of providing scientific and personnel support in construction, the building materials industry and housing and communal services. The Board of the State Construction Committee of Russia has made appropriate decisions on this issue.

At the initiative of the State Committee for Construction of Russia, together with the executive authorities of the constituent entities of the Russian Federation, work is being carried out to integrate educational institutions of various levels of education with production.

Currently, the country has completed the formation of state housing inspections. Inspections actively participate in the formation of regional plans and municipalities on preparing housing and communal services facilities for work in winter conditions, monitoring their implementation.

In almost all regions, a database has been created on the use of housing stock, the state of the competitive environment in the field of housing management and maintenance, the provision of housing and communal services, energy and resource conservation. The presence of such a base allows for the regulation of social relations in the housing sector, giving them an organized, orderly character.

Conclusion

Having analyzed the current state and prospects for the development of the construction industry and housing and communal services in Russia, we can conclude that the development of the construction and housing and communal services complexes of Russia in 2005 and subsequent years should be aimed at solving the following tasks: achieving sustainable development of the country , which allows, through a large-scale increase in investment activity, growth of capital investments in construction, renewal of production potential and the material and technical base of the construction complex, to ensure Russia’s rise to the level of leading foreign countries and accession to the WTO; carrying out a coordinated policy aimed at maximizing the use of the scientific and technical potential of the construction complex, resource and energy conservation, increasing the competitiveness of construction products, development state system regulatory documents and standards, intensification of work to complete the transition to a new estimate and regulatory framework for pricing and estimate standardization in construction; strengthening the competitiveness of Russian construction organizations, construction industry enterprises and the building materials industry in the domestic and foreign contracting markets; accelerating the modernization of the construction production base with a focus on the primary production of efficient resource- and energy-saving materials, products, structures, machines and mechanisms that are not inferior in their characteristics foreign analogues; ensuring the implementation of the mortgage lending program for the population on the existing and new regulatory legal framework, taking into account the readiness of regional administrations to actually participate in this process; formation and implementation of state urban planning policy, taking into account the system of social, economic and environmental factors ensuring sustainable development of individual regions and the country as a whole; elimination of the trend towards aging and reduction of the housing stock and engineering systems, transition to their intensive restoration and reproduction based on the development and implementation of effective social, scientific and technical programs and projects at the federal, regional and municipal levels; providing the domestic construction market with high-quality building materials, products and structures that can compete with imported products, reduce construction costs and operating costs for maintaining facilities, and at the same time increase the comfort of living in residential buildings with the necessary reliability and durability; development of scientific and technological progress and innovative activities in construction, aimed at ensuring improved quality of construction products, high consumer characteristics of buildings and structures, their reliability, safety, functional and aesthetic comfort and operational efficiency, transformation of the architectural and construction environment of human activity and its further development to a level corresponding modern achievements developed countries.

In 2005, it is necessary to direct efforts to carry out the following activities: the formation of urban planning policies, schemes and socio-economic development of regions and the country as a whole as the basis for the development of the construction complex; creating conditions for attracting the necessary investments for the modernization of existing production facilities, the introduction of new capacities and their efficient operation; implementation of a set of measures for the economic inventory of fixed assets, analysis of the possibilities of their effective use, highlighting objects unnecessary for the enterprise and subsequently withdrawing them from economic circulation; conducting a comprehensive assessment of the condition of the housing stock; development of a scheme for attracting extra-budgetary investments for the implementation of projects for the reconstruction of residential buildings of the first mass series that are not subject to demolition, including funds from the owners of residential premises; stimulating housing construction, primarily through supporting the mortgage lending system; intensification of housing and communal services reform; carrying out the restructuring of economically unpromising industries and repurposing enterprises to produce products that are in demand; ensuring the expansion of existing and creation of new production facilities through deeper processing of raw materials and materials, the use of resource and energy-saving technologies; development of a comprehensive program for the involvement of secondary resources in construction production; ensuring the production of high-quality competitive materials and products; increasing labor productivity.

One of the main directions for the implementation of structural policy will be the further reform of construction organizations and enterprises, aimed at their accelerated adaptation and achievement of competitiveness in market conditions. This should be achieved by optimizing the financial and property assets available to organizations and enterprises, improving production management, strengthening control and increasing the responsibility of managers for the results of decisions made, reducing costs, and intensifying innovation and marketing activities.

To solve the tasks set for the industry, the State Committee for Construction of Russia simply needs to create a unified information and analytical system of the main performance indicators of the construction complex of the Russian Federation as a whole and each specific region.

List of used literature

1. Constitution of the Russian Federation of 1993

3. Housing Code of the Russian Federation

4. Criminal Code of the Russian Federation

5. Federal Law on Architectural Activities in the Russian Federation

6. Law on the Fundamentals of Federal Housing Policy (as amended by Federal Laws dated 12.01.96 N 9-FZ, dated 21.04.97 N 68-FZ)

7. Decree of the President of the Russian Federation of March 9, 2004 No. 314 “On the system and structure of federal executive bodies”

8. Decree of the Government of the Russian Federation dated 16.16.2004 No. 286 On the Federal Agency for Construction and Housing and Communal Services

10. Information and analytical review prepared by the Department of Economics and International Activities of the Gosstroy of Russia 02/26/2004

11. Information and analytical report on the housing stock of the Russian Federation // NDP "Alliance-Media", 2003

12. Information Legal System “CODE”

13. Who needs new standards and why // Construction Expert, No. 7 - 2003

14. Report of the Center for Analysis of Real Estate Markets (February 2003), presented to the State Construction Committee of Russia and the World Bank

15. List of federal executive authorities carrying out licensing, approved by Decree of the Government of the Russian Federation of February 11, 2002 No. 135

16. Order of the Gosstroy of the Russian Federation dated April 26, 2002 N 65 “On determining the amount (share) of profit to be transferred by federal state unitary enterprises under the jurisdiction of the Gosstroy of Russia to the federal budget based on the results of work for 2001”

17. Resolution of the State Construction Committee of the Russian Federation dated November 30, 2001 N 123 “On the average market value of 1 sq. meters of total housing area for the first quarter of 2002 to calculate the amount of gratuitous subsidies and loans for the purchase of residential premises by all categories of citizens to whom these subsidies and loans are provided at the expense of the federal budget"

18. Romenskaya M. Federal license is a serious matter // Construction newspaper, No. 48 - 2001

19. Information on the creation of the State Institution “Federal Center for the Protection of Architectural Monuments and Urban Planning Art”

20. Tyrtyshov Yu. Housing and communal services problems will not be solved by a “test tube miracle” // Rosbalt News Agency 06.28.04

Agreement on interaction and delimitation of competence and powers regarding licensing of construction activities between the State Construction Committee of Russia and the State Mining and Technical Supervision Authority of Russia.

Romenskaya M. Federal license is a serious matter // Construction newspaper, No. 48 - 2001

Decree of the President of the Russian Federation of March 9, 2004 No. 314 “On the system and structure of federal executive bodies”

Decree of the Government of the Russian Federation dated 16.16.2004 No. 286 On the Federal Agency for Construction and Housing and Communal Services Information and analytical review prepared by the Department of Economics and International Activities of the Gosstroy of Russia 02/26/2004

Information and analytical report on the housing stock of the Russian Federation // NDP "Alliance-Media", 2003

Information and analytical review prepared by the Department of Economics and International Activities of the Gosstroy of Russia 02/26/2004

3. The Federal Agency for Construction and Housing and Communal Services is guided in its activities by the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts of the President of the Russian Federation and acts of the Government of the Russian Federation, international treaties of the Russian Federation, acts of the Ministry of Regional Development of the Russian Federation and these Regulations .

4. The Federal Agency for Construction and Housing and Communal Services carries out its activities directly and through subordinate organizations in interaction with other federal executive authorities, executive authorities of constituent entities of the Russian Federation, local government bodies, public associations and other organizations.

II. Authority

5. The Federal Agency for Construction and Housing and Communal Services exercises the following powers in the established field of activity:

5.1. develops and submits to the Ministry of Regional Development of the Russian Federation for submission to the Government of the Russian Federation draft federal laws, regulatory legal acts of the President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation and other documents that require a decision from the Government of the Russian Federation on issues related to the established area of ​​activity of the Agency;

5.2. on the basis and in pursuance of the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts of the President of the Russian Federation and acts of the Government of the Russian Federation, independently adopts the following regulatory legal acts in the established field of activity:

5.2.1. form of urban planning plan for a land plot;

5.2.2. building permit form;

5.2.3. form of permission to put the facility into operation;

5.2.4. procedure for making changes to project documentation;

5.2.5. a list of types of work on engineering surveys, preparation of design documentation and construction that affect the safety of capital construction;

5.2.6. procedure for developing and approving special technical specifications for the development of design documentation for a capital construction project;

5.2.7. codes of rules and other regulatory technical documents of voluntary use, the application of which ensures compliance with the requirements of the Federal Law "Technical Regulations on the Safety of Buildings and Structures";

5.2.8. the procedure for developing estimate standards to be used when determining the estimated cost of capital construction projects, the construction of which is financed with the assistance of federal budget funds;

5.2.9. the procedure for the formation and maintenance of a federal register of estimate standards to be applied when determining the estimated cost of capital construction projects, the construction of which is financed with funds from the federal budget, and the provision of information included in the specified register;

5.2.10. the form of the conclusion on checking the reliability of the determination of the estimated cost of capital construction projects, the construction of which is financed with funds from the federal budget, as well as the procedure for drawing up such a conclusion;

5.2.11. the procedure for maintaining a register of opinions on the reliability of determining the estimated cost of capital construction projects, the construction of which is financed with funds from the federal budget, and providing information contained in the specified register;

5.2.12. classification of estimate standards to be applied when determining the estimated cost of capital construction projects, the construction of which is financed with funds from the federal budget;

5.2.13. acts on determining the standard cost of 1 sq. meters of total housing area in the Russian Federation and indicators of the average market value of 1 sq. meters of total housing area in the constituent entities of the Russian Federation, which are subject to use for calculating the amount of social payments for all categories of citizens to whom the specified social payments are provided for the purchase (construction) of residential premises at the expense of the federal budget;

5.2.15. the procedure for state accounting of housing stock;

5.2.17. the form of a document confirming the decision to approve or refuse to approve the reconstruction and (or) redevelopment of residential premises;

5.2.18. the form of a document confirming the decision to transfer or refuse to transfer residential premises to non-residential premises and non-residential premises to residential premises;

5.2.20. the procedure for managing an apartment building, all premises in which are owned by the Russian Federation;

5.2.21. regulations for the disclosure of information by organizations operating in the field of management apartment buildings, by publishing it on the Internet information and telecommunications network;

5.2.22. guidelines for calculating tariffs and surcharges in the field of activity of public utility organizations;

5.2.23. rules for organizing commercial accounting of water and wastewater;

5.2.24. the procedure for developing and approving water supply and sanitation schemes, as well as requirements for their content;

5.2.25. rules for the formation and calculation of target indicators for the activities of organizations providing hot water supply, cold water supply and (or) sanitation, and the calculation of these indicators;

5.2.26. requirements for technical inspection of centralized hot water supply, cold water supply and sanitation systems;

5.2.27. the procedure for maintaining separate cost accounting by type of activity of organizations providing hot water supply, cold water supply and (or) sanitation, and unified system classification of such costs;

5.2.28. energy efficiency requirements for buildings, structures and structures;

5.2.29. rules for determining energy efficiency class apartment buildings, as well as requirements for the energy efficiency class indicator of an apartment building;

5.2.30. an approximate form of a list of activities, the implementation of which contributes to energy saving of energy resources supplied to an apartment building and increasing the energy efficiency of their use;

5.2.32. rules for commercial metering of thermal energy and coolant;

5.3. organizes:

5.3.1. carrying out verification of the reliability of determining the estimated cost of capital construction projects, verification of the reliability of determining the estimated cost of which is assigned to the jurisdiction of a subordinate federal autonomous institution;

5.3.2. formation and maintenance of the state fund of materials and engineering survey data;

5.4. carries out in the manner and within the limits determined by federal laws, acts of the President of the Russian Federation and acts of the Government of the Russian Federation:

5.4.1. functions of the state customer (state customer - coordinator) of federal target and departmental programs in the established field of activity of the Agency;

5.4.2. placing orders and concluding government contracts for the supply of goods, performance of work, provision of services, carrying out research, development and technological work and other civil contracts to meet the needs of the Agency and for state needs in the established field of activity of the Agency;

5.4.3. the powers of the owner in relation to federal property necessary to ensure the performance of the functions of federal government bodies in the area of ​​activity of the Agency established by paragraph 1 of these Regulations, including property transferred to organizations subordinate to the Agency;

5.4.4. analysis of the economic efficiency of the activities of federal state unitary enterprises subordinate to the Agency and approval of the economic indicators of their activities;

5.4.5. inspection of financial and economic activities and use of property in organizations subordinate to the Agency;

5.4.6. functions of the main manager and recipient of federal budget funds provided for the maintenance of the Agency and the implementation of the functions assigned to the Agency;

5.4.7. coordination of the activities of the state corporation - the Fund for Assistance to the Reform of Housing and Communal Services and the Federal Fund for Assistance to the Development of Housing Construction;

5.4.8. issuance of construction permits and permits for commissioning of capital construction projects specified in paragraph 4 of part 5 and paragraph 1 of part 6 of Article 51 of the Urban Planning Code of the Russian Federation (with the exception of capital construction projects for which the issuance of construction permits is entrusted to other federal bodies executive power);

5.4.9. confirmation of suitability for use in construction of new products, the requirements for which are not regulated regulatory documents in whole or in part and on which the safety and reliability of buildings and structures depend;

5.4.10. maintaining a federal register of estimate standards to be applied when determining the estimated cost of capital construction projects, the construction of which is financed with funds from the federal budget;

5.4.11. carrying out certification (re-certification) of individuals for the right to prepare expert opinions on design documentation and (or) examination of engineering survey results;

5.4.12. development, in cases provided for in Article 7 of the Federal Law "On Technical Regulation", draft rules and methods of research (testing) and measurements, including rules for sampling, necessary for the application and implementation of the adopted technical regulations and conformity assessment;

5.4.13. approval in the prescribed manner of special technical conditions for the development of design documentation for a capital construction project;

5.4.14. state control over compliance by government bodies of the constituent entities of the Russian Federation with the legislation of the Russian Federation on urban planning activities (in the part not falling within the competence of the Ministry of Regional Development of the Russian Federation), including control over:

5.4.14.1. for compliance of regulatory legal acts of the constituent entities of the Russian Federation with legislation

5.4.14.2. for compliance with the deadlines established by federal laws for bringing regulatory legal acts of the constituent entities of the Russian Federation into compliance with the requirements of the Urban Planning Code of the Russian Federation;

5.4.15. coordination of the structure of executive authorities of the constituent entities of the Russian Federation in the field of state examination of design documentation and engineering survey results, as well as in the field of monitoring compliance by local government bodies with legislation

5.4.16. control over the implementation of regulatory legal acts adopted by public authorities of the constituent entities of the Russian Federation on issues delegated to them in accordance with the Urban Planning Code of the legislation of the Russian Federation on urban planning activities (in the part not falling within the competence of the Ministry of Regional Development of the Russian Federation);

5.4.17. control over the completeness and quality of the implementation by public authorities of the constituent entities of the Russian Federation of powers delegated to them in accordance with the Urban Planning Code of the Russian Federation in the field of state examination of design documentation and engineering survey results, as well as in the field of control over compliance by local government bodies with the legislation of the Russian Federation on urban planning activities ( to the extent that is not within the competence of the Ministry of Regional Development of the Russian Federation);

5.4.18. powers in the field of state examination of design documentation and the results of engineering surveys, as well as in the field of monitoring compliance by local governments with the legislation of the Russian Federation on urban planning activities, temporarily withdrawn in the prescribed manner from state authorities of the constituent entities of the Russian Federation (to the extent not falling within the competence of the Ministry regional development of the Russian Federation);

5.4.19. monitoring and analysis of the state of the housing sector in the constituent entities of the Russian Federation;

5.4.20. monitoring and coordination of the implementation of regional programs to stimulate the development of housing construction;

5.4.21. promoting the harmonization of supply and demand in the housing market;

5.4.22. monitoring the provision of residential premises to categories of citizens established by the Federal Law “On Veterans” and the Federal Law “On Social Protection of Disabled Persons in the Russian Federation”;

5.4.23. monitoring the condition of unfinished housing construction projects, the construction of which is carried out using funds from citizens, and ensuring interaction between federal government bodies of the Russian Federation, government bodies of the constituent entities of the Russian Federation, local governments and housing construction participants in order to facilitate the process of completing the construction of shared construction projects and restoration of the rights of citizens whose obligations to whom the developer has not fulfilled;

5.4.24. information and explanatory work together with interested government bodies in the constituent entities of the Russian Federation on issues related to the established scope of the Agency’s activities;

5.4.25. coordination of work to prepare the constituent entities of the Russian Federation for the autumn-winter period and the heating season;

5.4.26. determination of an official website on the Internet information and telecommunications network, intended for the disclosure of information by organizations operating in the field of management of apartment buildings, as well as technical support for the operation of this website;

5.4.27. conducting state register self-regulatory organizations in the field of heat supply;

5.4.28. state control and supervision over the activities of self-regulatory organizations in the field of heat supply;

5.4.29. filing a claim with the court to exclude a non-profit organization from the state register of self-regulatory organizations in the field of heat supply in cases provided for by the legislation of the Russian Federation in this area;

5.4.30. consideration of disagreements arising between executive authorities of the constituent entities of the Russian Federation, local governments of settlements, urban districts, organizations carrying out regulated activities in the field of heat supply, and consumers in the development, approval and updating of heat supply schemes;

5.4.31. monitoring and analysis of the implementation of state policy and the effectiveness of legal regulation, including in the field of energy saving and increasing energy efficiency, within the established scope of the Agency’s activities;

5.4.32. organization and participation in the development and implementation of programs, projects and activities in the field of energy saving and increasing energy efficiency within the established scope of the Agency’s activities, including federal target and departmental programs, as well as other activities aimed at ensuring the implementation of the legislation of the Russian Federation on energy saving and increasing energy efficiency;

5.4.33. development and implementation of government support and incentive measures in the field of energy saving and increasing energy efficiency within the established scope of the Agency’s activities;

5.4.34. methodological support for additional vocational education specialists in the field of urban planning, architecture, construction and housing and communal services;

5.4.35. receiving citizens, timely and full consideration of oral and written requests from citizens, making decisions on them and sending responses within the period established by the legislation of the Russian Federation;

5.4.36. acquisition, storage, recording and use of archival documents generated in the course of the Agency’s activities;

5.4.38. ensuring mobilization training of the Agency, as well as monitoring and coordinating the activities of mobilization training organizations under its jurisdiction;

5.4.39. organization and management civil defense at the Agency;

5.4.40. interaction in the prescribed manner with government authorities of foreign states and international organizations in the established field of activity of the Agency;

5.5. carries out, in cases and in the manner established by the legislation of the Russian Federation, a state examination of design documentation for capital construction projects specified in paragraph 5.1 of Article 6 of the Urban Planning Code of the Russian Federation (with the exception of objects, conducting a state examination of design documentation and engineering survey results in respect of which the legislative acts of the Russian Federation Federation and decrees of the President of the Russian Federation fall within the competence of other federal executive authorities, and unique objects, construction, reconstruction and major renovation which are supposed to be carried out on the territory of Moscow), and the results of engineering surveys carried out to prepare design documentation for these objects;

Information about changes:

By Decree of the Government of the Russian Federation of March 23, 2013 N 252, the Regulations were supplemented with subclause 5.5.1

5.5.1. concludes, without holding an open auction, an agreement on the creation of an artificial land plot with a person specified by decree or order of the President of the Russian Federation or by order of the Government of the Russian Federation;

5.6. organizes congresses, conferences, seminars, exhibitions and other events in the established field of activity of the Agency;

5.7. exercises other powers in the established field of activity of the Agency, if such powers are provided for by federal laws, regulatory legal acts of the President of the Russian Federation and regulatory legal acts of the Government of the Russian Federation.

6. In order to exercise powers in the established field of activity, the Federal Agency for Construction and Housing and Communal Services has the right:

6.1. request and receive, in the prescribed manner, information necessary to make decisions on issues within the competence of the Agency;

6.2. provide legal entities and individuals with explanations on issues related to the established scope of the Agency’s activities;

6.3. involve, in the prescribed manner, scientific and other organizations, scientists and specialists to study issues in the established field of activity of the Agency;

6.4. create advisory and expert bodies (councils, commissions, groups, collegiums) in the established field of activity of the Agency;

6.5. exercise control over the activities of subordinate organizations;

6.6. carry out, within the framework of monitoring the exercise by public authorities of the constituent entities of the Russian Federation, powers delegated to them in accordance with the Urban Planning Code of the Russian Federation in the field of state examination of design documentation and engineering survey results, as well as in the field of control over compliance by local government bodies with legislation

6.6.1. establish the content and forms of reporting on the implementation of delegated powers;

6.6.2. set, if necessary, target forecast indicators;

6.6.3. send binding instructions to repeal normative legal acts adopted by government bodies of the constituent entities of the Russian Federation on issues of powers delegated to them, or to amend such acts;

6.6.4. send instructions to government bodies of the constituent entities of the Russian Federation to eliminate identified violations, as well as to bring them to justice officials, performing duties to implement the powers delegated to them;

6.6.5. submit to the Government of the Russian Federation proposals for the temporary withdrawal of powers transferred to government bodies of the constituent entities of the Russian Federation in the event of non-fulfillment or improper execution by these bodies;

6.7. to exercise, within the framework of state control over the observance by state authorities of the constituent entities of the Russian Federation of the legislation of the Russian Federation on urban planning activities (in the part not falling within the competence of the Ministry of Regional Development of the Russian Federation), the following powers:

6.7.1. carry out inspections of the activities of government bodies of the constituent entities of the Russian Federation, as well as organizations subordinate to them;

6.7.2. request from heads and other officials of government bodies of the constituent entities of the Russian Federation Required documents, materials and information, as well as the allocation of specialists to clarify issues within the competence of the Agency;

6.7.3. receive explanations from heads and other officials of government bodies of the constituent entities of the Russian Federation regarding violations of the legislation of the Russian Federation on urban planning activities;

6.7.4. send mandatory orders to the relevant government bodies of the constituent entities of the Russian Federation to eliminate identified violations of the legislation of the Russian Federation on urban planning activities and set deadlines for eliminating such violations;

6.7.5. send information to the prosecutor's office about facts of violation of laws for the prosecutor to take action;

6.7.6. take measures necessary to bring heads and other officials of public authorities of the constituent entities of the Russian Federation to responsibility established by the legislation of the Russian Federation on administrative offenses.

7. The Federal Agency for Construction and Housing and Communal Services does not have the right to provide paid services in the established field of activity, except in cases established by federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation.

When implementing legal regulation in the established field of activity, the Agency does not have the right to establish the functions and powers of federal government bodies, government bodies of constituent entities of the Russian Federation, local self-government bodies not provided for by federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation , as well as restrictions on the exercise of the rights and freedoms of citizens, the rights of non-state commercial and non-profit organizations, except for cases where the possibility of introducing such restrictions by acts of authorized federal executive bodies is expressly provided for by the Constitution of the Russian Federation, federal constitutional laws, federal laws and issues issued on the basis and in pursuance of the Constitution of the Russian Federation, federal constitutional laws and federal laws by acts of the President of the Russian Federation and acts of the Government of the Russian Federation.

III. Organization of activities

8. The Federal Agency for Construction and Housing and Communal Services is headed by the Deputy Minister of Regional Development of the Russian Federation - the head of the Federal Agency for Construction and Housing and Communal Services (hereinafter - the head of the Agency), appointed and dismissed by the Government of the Russian Federation on the proposal of the Minister of Regional Development development of the Russian Federation.

The head of the Agency is personally responsible for the performance of the functions assigned to the Agency.

The head of the Agency has deputies who are appointed and dismissed by the Minister of Regional Development of the Russian Federation on the proposal of the head of the Agency.

9.2.5. proposals for the conferment of honorary titles and nominations for state awards of the Russian Federation, Certificate of Honor of the President of the Russian Federation, Certificate of Honor of the Government of the Russian Federation, for encouragement in the form of declaration of gratitude of the President of the Russian Federation and gratitude of the Government of the Russian Federation for employees of the Agency and subordinate organizations, as well as other persons carrying out activities in the established field of activity of the Agency;

9.3. organizes the execution of orders and instructions of the Minister of Regional Development of the Russian Federation;

9.4. approves regulations on the structural divisions of the Agency;

9.5. in accordance with the established procedure, appoints and dismisses employees of the Agency;

9.6. resolves, in accordance with the legislation of the Russian Federation on public service, issues related to the performance of federal public service in the Agency;

9.7. approves the structure and staffing of the Agency within the limits of the wage fund and the number of employees established by the Government of the Russian Federation, the cost estimate for its maintenance within the limits of the appropriations approved for the corresponding period provided for in the federal budget;

9.8. in accordance with the established procedure, appoints and dismisses heads of subordinate institutions and other organizations, concludes, changes and terminates labor contracts with these managers;

9.9. on the basis and in pursuance of the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts of the President of the Russian Federation, the Government of the Russian Federation and the Ministry of Regional Development of the Russian Federation, within its competence, issues orders on issues within the scope of the Agency’s activities, as well as on internal issues organization of the Agency's work.

10. The costs of maintaining the Federal Agency for Construction and Housing and Communal Services are financed from funds provided in the federal budget.

11. The Federal Agency for Construction and Housing and Communal Services is a legal entity and has a seal with the image State emblem Russian Federation and with its name, other necessary seals, stamps and forms established sample, accounts opened in accordance with the legislation of the Russian Federation.

12. The location of the Federal Agency for Construction and Housing and Communal Services is Moscow.

On Friday, May 18, Russian Prime Minister D. Medvedev presented to President V. Putin the new composition of the government, which was approved by the head of state. Vladimir Vladimirovich Yakushev became the Minister of Construction and Housing and Communal Services of the Russian Federation in the new government. He will begin new duties at the beginning of the week, after May 21, 2018.

V. Yakushev commented on the news of his appointment as head of the federal executive body to reporters in the evening at the end of the work week.

“I found out about the appointment three days ago and am experiencing quite complex emotions,” admitted V. Yakushev. - He worked as a governor in a subject of the Federation for thirteen years, but came to public service in 2001. During all the changes at the beginning of the century, we walked along with the entire region, and the number of projects that we implemented first in S. Sobyanin’s team, and then continued, is enormous. I lived through each of these projects without exception. Therefore, emotionally I am now going through a rather difficult period: I need to realize a lot and, probably, sooner or later I need to prepare to leave some post - nothing lasts forever.

The new minister said that the Ministry of Construction and Housing and Communal Services, of which he became the head, is not simple, and new job requires the resolution of many procedural issues related to construction, pricing and implementation of reforms in the housing and communal services sector. The head of the region has extensive experience working with the Ministry of the Russian Federation on the implementation of concession agreements in the housing and communal services sector and on the formation of the urban environment. Now these tasks will need to be implemented in more than one subject of the Russian Federation, V. Yakushev emphasized. There are a lot of directions, and the work is very difficult, so you have to work hard.

Biographical information.

Vladimir Vladimirovich Yakushev (born June 14, 1968, Neftekamsk) - Russian statesman. Governor of the Tyumen region (November 24, 2005 - May 18, 2018). Member of the Supreme Council of the United Russia party.

V.V. Yakushev was born in the Bashkir Neftekamsk. At the age of 7, the future governor moved with his family to his father in Nadym, where he graduated from school.

1986-1988 - service in the ranks Soviet army. In 1993 he graduated from Tyumen State University majoring in jurisprudence, then majoring in economics.

Banking career: on June 27, 1993, he began his career as a legal adviser at the Yamalo-Nenets branch of the West Siberian Commercial Bank. Since 1994 - acting director of the Yamalo-Nenets branch of the West Siberian Commercial Bank, a year later - director of the Yamalo-Nenets branch of the West Siberian Commercial Bank. Since 1997 - Vice President of the bank - Director of the Salekhard branch of OJSC Zapsibkombank. In April 1998, he was appointed president of OJSC Zapsibkombank.

In government bodies: in 2001, appointed vice-governor of the Tyumen region (governor - S. Sobyanin). Since 2005 - first deputy head of the city of Tyumen, then acting head of the city of Tyumen.

In the fall of 2005, he was confirmed as governor of the Tyumen region. In October 2010, the powers were extended for the next 5 years.

On May 13, 2014, he resigned to take part in the September gubernatorial elections. He won the first round of gubernatorial elections, gaining 87.3% of the votes. In the rating of the effectiveness of governors, published in October 2015 by the Civil Society Development Foundation, it ranks fourth.

On May 18, 2018, he was relieved of his post as Governor of the Tyumen Region due to at will and appointed Minister of Construction and Housing and Communal Services of the Russian Federation.

Relations with sports: V.V. Yakushev’s passion for playing hockey is known. Since 2009, he has been a member of the board of the Russian Biathlon Union.

Awards: Order of Honor (2008), Nikolai Ozerov Medal (2013); honorary medal “For services to the protection of children in Russia” (2014); award edged weapon - officer's dagger.

Married, two children.

Press service of St. Petersburg ROO "OSMKD"