I need a contract for the provision of maintenance services with a fixed monthly amount. An individual entrepreneur services an apartment building and for this he receives the same amount every month. the proposed sample in the FSU is not suitable.

Answer

Represented by ________________________________________, acting on the basis of _________________, hereinafter referred to as the “Executor”, on the one hand, and

Represented by ________________________________________, acting on the basis of _________________, hereinafter referred to as the “Customer”, on the other hand, and together referred to as the “Parties”, have entered into this agreement as follows:

1. The Subject of the Agreement

1.1. Under this agreement, the Contractor undertakes, on the instructions of the Customer, to provide services for coordinating the reconstruction/redevelopment of a real estate property, and the Customer undertakes to pay for these services.

1.2. The contractor provides services personally.

1.3. The term for the provision of services is ____________.

2. Responsibilities of the Parties

2.1. The Contractor undertakes to:

• preparation of a redevelopment project;
• preparation of a technical report;
• collecting and submitting the necessary documents for reconstruction/redevelopment to the approval body at the location of the premises being rebuilt and (or) redesigned;
• obtaining a decision on approval of reconstruction/redevelopment;
• receiving a certificate of completion of reconstruction/redevelopment;
• making changes to the BTI plan after completion of the reconstruction/redevelopment.

2.2. The Contractor has the right to involve other persons in the performance of his obligations.

2.3. The Contractor undertakes to begin fulfilling its obligations assumed under this agreement no later than [deadline].

2.4. The Customer is obliged to accept and pay for the services provided to him by the Contractor.

3. Responsibility of the Parties

3.1. A Party that has caused losses to the other Party by non-fulfillment or improper fulfillment of its obligations is obliged to compensate them.

4. Contract price and payment procedure

4.1. The cost of services under this agreement is ___________ rubles.

4.2. The Customer pays the Contractor an advance in the amount of ____________ no later than [term] from the date of drawing up the estimate.

4.3. The balance of the amount is paid immediately after signing the certificate of completion of work.

4.4. The costs associated with the approval of reconstruction/redevelopment are borne by the Customer.

4.5. In case of impossibility of performance due to the fault of the Customer, services are subject to payment in full.

4.6. In the event that the impossibility of performance arose due to circumstances for which neither Party is responsible, the Customer shall reimburse the contractor for the expenses actually incurred by him.

5. Final provisions

5.1. This agreement comes into force from the moment of its conclusion and is valid until the Parties fully fulfill their obligations.

5.2. The Customer has the right to refuse to fulfill this contract, subject to payment to the Contractor of the expenses actually incurred by him at the time of termination of the contract.

5.3. The Contractor has the right to refuse to fulfill obligations under this agreement only if the Customer is fully compensated for losses.

5.4. This agreement is drawn up in two authentic copies, one for each of the Parties.

5.5. In everything that is not provided for in this agreement, the Parties are guided by current legislation.

_______________ “____” ______________ 2018

Represented by ________________________________________________, acting on the basis of ________________________________________________, hereinafter referred to as the “Customer”, on the one hand, and ________________________________________________ represented by ________________________________________________, acting on the basis of ________________________________________________, hereinafter referred to as the “Contractor”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter referred to as the “Agreement”, on the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Customer instructs, and the Contractor assumes the obligation, with its own and (or) attracted forces, to carry out a set of design works on the development of design documentation within the period established by the Contract, as well as to provide technical support services for the approval of design documentation developed by the Contractor and submitted by the Customer, in the prescribed manner for execution by the Customer of work on major repairs of a non-residential building used by the Customer legally and located at the address: ________________________________________________ (hereinafter referred to as the Facility). A complete list of design work and services performed by the Contractor under this agreement is specified in Appendix No. 1 to this agreement.

1.2. Technical, economic and other requirements for the design and technical documentation that is the subject of this Agreement must comply with the requirements of SNiP and other current regulations of the Russian Federation regarding the composition, content and execution of design and technical documentation for the Facility.

1.3. To execute this agreement, the Customer transfers to the Contractor the necessary source documentation: BTI documents for the building and other source documentation specified in Appendix No. 3 to this agreement. The design documentation, which is the subject of the Contract, is developed on the basis of the Customer's Initial documentation.

1.4. The result of the work performed by the Contractor is: duly agreed upon following design and technical documentation: ________________________________________________.

1.6. The Contractor begins to perform work under this agreement from the date of receipt of funds in the Contractor's bank account in the amount of the first advance payment specified in Appendix No. 2 to this agreement, which is the date of commencement of work under the agreement.

1.7. If the Customer, within ________ business days from the date of signing this agreement by both parties, does not transfer funds to the Contractor’s bank account in the amount of the first advance payment specified in Appendix No. 2 to this agreement, the relationship of the Parties under the agreement does not arise and its the action is terminated, this agreement is considered terminated by the parties.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The customer undertakes:

2.1.1. No later than ________ business days after concluding this agreement, provide the Contractor with the initial documentation for the facility specified in clause 1.3 of this agreement.

2.1.2. Promptly accept and pay for work performed in accordance with this Agreement.

2.1.3. Carry out other duties provided for in Article 762 of the Civil Code of the Russian Federation.

2.1.4. The Customer has the right to carry out ongoing monitoring of the Contractor’s work on the implementation of this agreement.

2.3. The Contractor undertakes:

2.3.1. Timely, professionally and properly fulfill your obligations in accordance with the terms of this Agreement.

2.3.2. Provide the Customer with design and technical documentation agreed upon in accordance with the established procedure in the scope and terms established by this Agreement.

2.3.3. Follow the Customer's instructions provided in writing, including making changes and additions to the design documentation, if they do not contradict the terms of this Agreement, current legislation and regulatory documents of the Russian Federation.

2.3.4. Do not make changes to the design and technical documentation without prior written approval from the Customer that affect: the total cost, architectural and planning solutions of the facility;

2.3.5. Regularly inform the Customer, upon his request, about the stage of execution of this Agreement.

2.3.6. In the shortest possible time and at your own expense, eliminate deficiencies and supplement the design and technical documentation upon receipt from the Customer of a written complaint (comments) regarding the quality, completeness of the documentation developed by the Contractor, or its non-compliance with the terms of this Agreement.

2.3.7. Coordinate finished design and technical documentation with the Customer.

2.3.8. Ensure that all documentation received during the execution of the Contract is addressed to the Customer and organize the transfer of documents to him, as well as return to the Customer in the event of termination of this Agreement all documentation previously received from the Customer and for him under the Acceptance Certificate no later than ________ business days before the date termination of the Agreement.

3. PRICE OF WORK AND PAYMENT PROCEDURE

3.1. The total cost of the Work performed under this agreement is approved by the parties on the terms of the mutual agreement (is negotiable) and amounts to ________ rubles, including VAT (18%) ________ rubles.

3.2. Payment under this Agreement is made by the Customer transferring funds in rubles to the Contractor’s bank account based on the latter’s invoice for payment as follows:

3.2.1. An amount of ________ rubles, including VAT (18%) ________ rubles, is transferred by the Customer to the Contractor's bank account as an advance payment within ________ banking days from the date of signing this Agreement.

3.2.2. An amount of ________ rubles, including VAT (18%) ________ rubles, is transferred by the Customer to the Contractor’s bank account by bank transfer within ________ banking days from the date the Contractor provides the Customer with the following documentation: ________________________________________________.

3.2.3. An amount of ________ rubles, including VAT (18%) ________ rubles, is transferred by the Customer to the Contractor’s bank account by bank transfer within ________ banking days from the date the Contractor provides the Customer with the following documentation: ________________________________________________.

3.2.4. The final payment for work performed under the contract, in the amount specified in Appendix No. 2 to this contract, and amounting to ________ rubles, including VAT (18%) ________ rubles, is made by the Customer within ________ banking days after the Contractor submits to the Customer duly executed documents specified in clause 1.4 of this agreement and the signing by the Parties of the acceptance certificate of work under the agreement.

3.3. Payment of invoices, fees, duties and other payments issued by interested coordinating organizations and institutions of the city of ________________________ and the Russian Federation in the name of the Customer for the provision of services of coordinating organizations, execution of conclusions, approvals, and other permitting documentation is not included in the cost of the Contractor's work under this agreement. The amounts of these payments are approximately indicated in Appendices No. 1, No. 2 to this agreement.

3.4. If in the process of performing work under this Agreement the need arises to perform additional work, the parties, by mutual agreement, determine the cost and procedure for their implementation, which is reflected in the form of an additional agreement to this Agreement.

3.5. The date of fulfillment of the Customer’s obligation to pay is considered the date of receipt of non-cash funds from the Customer’s account to the Contractor’s account.

4. DEADLINES, PROCEDURE FOR DELIVERY AND ACCEPTANCE OF PRODUCTS

4.1. The total period for performing work under the contract is determined by the parties and is ________ calendar months from the date of commencement of work specified in clause 1.6 of this contract. The agreed design and technical documentation must be transferred to the Customer no later than the deadline for its transfer established in this Agreement under the Documentation Acceptance Certificate (Acceptance Certificate for Work Completed), signed by the Parties.

4.2. The Contractor is considered to have properly executed this Agreement only after the Customer has accepted (approved) the design and technical documentation in full as provided for in this Agreement.

4.3. The Customer, no later than ________ working days from the date of receipt of the documentation specified in clause 1.4 of this agreement, signs the Work Acceptance Certificate under the contract or sends the Contractor a written reasoned refusal to accept the work.

4.5. The Contractor will eliminate the comments in accordance with the written refusal to accept the work received from the Customer within the period agreed upon by the Parties, which cannot exceed ________ working days.

4.6. From the moment of signing the Acceptance Certificate, all exclusive rights to use the produced design and technical documentation and the results of work are transferred to the Customer to the extent of the powers established in Chapter. 69-70 Civil Code of the Russian Federation.

5. RESPONSIBILITY OF THE PARTIES

5.1. The parties are responsible for failure to fulfill or improper fulfillment of their obligations under this agreement in accordance with the current legislation of the Russian Federation.

5.2. The Contractor is responsible for shortcomings in design and technical documentation, including those discovered during its implementation. If deficiencies are discovered, the Contractor is obliged to eliminate them free of charge.

5.3. If the Customer violates the terms of payment for the developed documentation, the Contractor has the right to demand, and the Customer, if the specified demand is received, is obliged to pay the Contractor a penalty in the amount of ________% of the debt amount for each day of delay in payment, but not more than ________% of the debt amount.

5.4. If the Contractor violates the deadline for submitting the developed documentation, the Customer may demand, and the Contractor, if the specified requirement is received, pays the Customer a penalty in the amount of ________% of the cost of the corresponding stage of work specified in Appendix No. 2 to this agreement, for each day of delay, but not more than ________% from the price of this Agreement.

5.5. All disputes under this Agreement are considered in the Arbitration Court ________________________.

6. CIRCUMSTANCES OF FORCE MAJEURE (FORCE MAJEURE)

6.1. The parties are released from liability for non-fulfillment or improper fulfillment of obligations assumed under this agreement if proper fulfillment turned out to be impossible due to the occurrence of force majeure circumstances.

6.2. The concept of force majeure circumstances covers external and extraordinary events that were absent at the time of signing this agreement and occurred against the will and desire of the Parties, the actions of which the Parties could not prevent by measures and means that are justifiably and expediently expected from a Party acting in good faith. Such circumstances of the Parties include: military actions, epidemics, fires, natural disasters, acts and actions of government bodies that make it impossible to fulfill obligations under this agreement in accordance with the law.

6.3. The Party to this Agreement affected by force majeure circumstances must immediately notify the other Party by telegram or fax of the occurrence, type and possible duration of force majeure circumstances preventing the fulfillment of contractual obligations. If the above-mentioned events are not notified in a timely manner, the Party affected by the force majeure event cannot rely on it as a basis for exemption from liability.

6.4. During the period of force majeure circumstances that relieve the Parties from liability, the fulfillment of obligations is suspended, and sanctions for failure to fulfill contractual obligations are not applied.

6.5. The occurrence of force majeure circumstances, provided that established measures have been taken to notify the other Parties, extends the period for fulfilling contractual obligations for a period corresponding in duration to the duration of the circumstances and a reasonable period for eliminating their consequences.

6.6. If force majeure continues for more than ________ months, the Parties must agree on the fate of this agreement. If an agreement is not reached by the Parties, either Party has the right to unilaterally terminate this agreement by sending a corresponding notice to the other Party by registered mail.

7. CHANGE AND TERMINATION OF THE AGREEMENT, OTHER CONDITIONS

7.1. This Agreement comes into force on the date of its signing by the Parties and is valid until the date the Parties fully fulfill their obligations.

7.2. This Agreement can be amended and/or supplemented only on the basis of mutual agreement of the Parties; all changes and additions to this Agreement are valid only if they are in writing and signed by the Parties.

7.3. This Agreement may be terminated by written agreement of the Parties. Termination of the Agreement does not relieve the Parties from fulfilling obligations that arose during its validity.

7.4. The Customer has the right to unilaterally, out of court, refuse to fulfill the Agreement and terminate this Agreement in the following cases:

Delays by the Contractor in starting work by more than ________ days for reasons beyond the control of the Customer;

Violation by the Contractor of the deadline for completing work (including the deadlines established by the Schedule for the release of project documentation) for more than ________ days;

Delays by the Contractor in the transfer of completed design and technical documentation for a period of more than ________ days for reasons beyond the control of the Customer;

Cancellation of a license, other acts of government bodies within the framework of current legislation, depriving the Contractor of the right to carry out work.

7.5. If the Customer fails to fulfill its obligations under this Agreement on time, and this leads to a delay in the completion of the work, then the Contractor has the right to extend the deadline for the completion of the work for the appropriate period. If the Contractor incurs additional expenses caused by the failure or improper fulfillment of obligations by the Customer, then he is immediately obliged to inform the Customer in writing of the amount of these expenses with their confirmation by documents, on the basis of which the Parties will enter into an agreement on the timing and form of their reimbursement.

7.6. If the Customer has established the need to mothball or suspend work for an indefinite period of time, the Customer undertakes to pay the Contractor in full for the work completed before the mothballing (suspension) within five days from the date of suspension.

7.7. The Parties undertake to maintain confidentiality with respect to information received by them from each other or that has become known to them during the performance of work under this Agreement, and not to open or disclose information in general or in particular to any third Party without the prior written consent of the other Party under this Agreement . Any damage caused to a Party by failure to comply with confidentiality requirements under this Agreement is subject to full compensation by the guilty Party.

7.8. This Agreement is drawn up in two copies, one copy for each of the parties, each of which has equal legal force.

7.9. All annexes to this Agreement are an integral part of it:

8. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Customer

Legal address:

Mailing address:

Payment/account:

Corr./account:

Contractor

Legal address:

Mailing address:

Payment/account:

Corr./account:

9. SIGNATURES OF THE PARTIES

Customer _______________ Contractor _______________

REPUBLIC OF CRIMEA

DZHANKOY DISTRICT

ADMINISTRATION

ROSHINSKOGO RURAL SETTLEMENT

RESOLUTION

On approval of the administrative regulations for the provision of municipal services “Coordination of work in technical and security zones”

In accordance with the Urban Planning Code of the Russian Federation, Federal Law dated July 27, 2010 No. 210-FZ “On the organization of the provision of state and municipal services”, Decree of the Government of the Russian Federation dated April 30, 2014 No. 403, guided by the Charter of the municipal formation of Roshchinskoe rural settlement of Dzhankoy district Republic of Crimea, Administration of Roshchinsky rural settlement

DECIDES:

1. Approve the administrative regulations for the provision of municipal services “Coordination of work in technical and security zones” (attached).
2. This resolution is to be published at an information stand in the administration building of the Roshchino rural settlement (Roshchino village, st..
3. This resolution comes into force on the date of official promulgation.
4. I reserve control over the implementation of this resolution.

Chairman of the Roshchinsky village council -

head of Administration

Roshchinsky rural settlement V.N. Semenov

Application

to the administration resolution

Roshchinsky rural settlement

Administrative regulations

provision of municipal services

“Coordination of work in technical and security zones”

1. General provisions

1.1. Administrative regulations for the provision of municipal services“Coordination of work in technical and security zones” (hereinafter referred to as the Regulations) was developed in order to improve the quality of execution and accessibility of the results of the municipal service “Coordination of work in technical and security zones” (hereinafter referred to as municipal service), to create comfortable conditions for recipients of municipal services , and determines the order, timing and sequence of actions (administrative procedures) on the territory of the Roshchinsky rural settlement when providing municipal services.

1.2. This Regulation determines the procedure Roshchinsky rural settlements (hereinafter - security zones), as well as special conditions for the use of land plots located within the security zones (hereinafter - land plots), ensuring the safe operation and operation of electrical, gas, telephone and other types of facilities.

1.3. In security zones, in order to ensure safe operating conditions and eliminate the possibility of damage to power lines and other objects specified in clause 1.2 of these Regulations, special conditions for the use of territories are established.

1.4. The boundaries of protective zones are determined in accordance with the Rules established by the Decree of the Government of the Russian Federation.

1.5. Coordination of work in technical and security zones (hereinafter referred to as Approval) is a document giving the right to carry out production in technical and security zones of the municipality.

1.6. Individuals and legal entities (hereinafter referred to as the applicant) have the right to receive municipal services.

1.7. Security zones are subject to marking by installing, at the expense of the organizations, warning signs indicating the size of the security zone, information from the relevant organization, as well as the need to comply with the prescribed restrictions.

1. Standard for providing municipal services

2.1. Name of municipal service:“Coordination of work in technical and security zones.”

2.2. Name of the body providing the municipal service: the service is provided by the administration of the Roshchinsky rural settlement (hereinafter referred to as the administration).

Legal address and actual location: st. Chapaeva, 1A, s. Roshchino, Dzhankoy district, Republic of Crimea, 296183.

E-mail address:

Email: [email protected]

Website address: website.

Schedule:

Monday - Friday - from 8.00 to 16.00.

Lunch break - from 12.00 to 12.48

On pre-holiday days, the working day is reduced by one hour.

2.3. To obtain information on the provision of municipal services, including the progress of the provision of municipal services and services that are necessary and mandatory for the provision of municipal services, the applicant may submit an oral or written request to the Administration.

2.4. With an oral request, the applicant can contact the Administration by telephone for information or in person when making a request to receive a municipal service. A written request may be sent by the applicant by post or via email.

The time to receive an answer during individual oral counseling cannot exceed: by phone - 10 minutes, in person - 15 minutes.

When answering telephone calls and oral requests from recipients of municipal services, the authorized person informs the applicants in detail and in a polite (correct) manner on issues of interest to them. The answer to a telephone call must begin with information about the name of the local government body providing the municipal service, the last name, first name, and patronymic of the person who received the telephone call.

2.5. The Administration, no later than 3 days from the date of adoption of these Administrative Regulations or amendments, places its text in printed form in the places where municipal services are provided (in a place accessible to applicants).

2.6. These Administrative Regulations are subject to posting on the official website of the Administration.

2.7. The following information is posted on the information boards of the rural settlement administration:

— extracts from legislative and other regulatory legal acts containing rules governing the provision of municipal services;

— extracts from the text of this administrative regulation with appendices;

— flowchart and brief description of the procedure for providing municipal services;

— list of documents required for the provision of municipal services;

— samples of documents required for the provision of municipal services and requirements for them;

— grounds for refusal to provide municipal services;

- the procedure for appealing decisions, actions or inactions of officials not only of the administration of a rural settlement, but also of officials of a multifunctional center.

2.8. The applicant, after applying to the administration of a rural settlement for the provision of a municipal service, has the right to receive information about the progress of the provision of municipal services.

2.9. Information about the progress of the provision of municipal services is open to the applicant and can be provided to him either orally or in writing.

2.10. The result of providing municipal services:

1) coordination of work in technical and security zones ;

2) refusal » .

2.11. Duration of provision of municipal services:

approval of work in technical and security zones or refusal to provide municipal services is carried out no later than 7 days from the date of registration of the application. In the event of an accident, coordination of work in technical and security zones is carried out within 1 day.

2.12. Legal grounds for the provision of municipal services:

— Town Planning Code of the Russian Federation;

— Land Code of the Russian Federation;

— Federal Law No. 131-FZ dated October 6, 2003 “On the general principles of organizing local self-government in the Russian Federation”;

— Federal Law No. 210-FZ of July 27, 2010 “On the organization of the provision of state and municipal services”;

— Federal Law No. 59-FZ dated May 2, 2006 “On the procedure for considering appeals from citizens of the Russian Federation”;

— Decree of the Government of the Russian Federation of April 30, 2014 No. 403 “On an exhaustive list of procedures in the field of housing construction”;

— Charter of the municipal formation Roshchinskoe rural settlement.

2.13. An exhaustive list of documents required for the provision of municipal services:

2.13.1. For getting After approval of work in technical and security zones, the applicant sends an application to the administration specialist for a permit to carry out excavation work. To provide municipal services, the following documents are required:

1) technical documentation (projects, passports) prepared in accordance with current legislation and (or) other working design (copied from the as-built documentation for underground communications and structures), agreed in the prescribed manner with the owners of utility networks and communications, roads and railways , pipelines, as well as other persons whose interests may be affected during the work;

2) permission to cut down green spaces, issued by an authorized body (if it is necessary to cut down green spaces);

2.13.2. To obtain permission to carry out emergency restoration work, the applicant sends an application to the administration for a permit to carry out emergency restoration work. To provide municipal services, the following documents are required:

1) accident report;

2) diagram of engineering communications at the accident site;

3) a scheme for organizing the movement of vehicles and pedestrians (in case of closure or restriction of road traffic for the period of work), agreed with the traffic police.

2.14. An exhaustive list of grounds for refusal to accept documents for consideration:

1) the application is not drawn up in the prescribed form;

2) application for extradition approval for work in technical and security zones is not signed or signed by a person whose authority is not documented, the text of the application is not readable;

3) documents have erasures, additions, crossed out words, undeciphered abbreviations, corrections, with the exception of corrections sealed and certified by the signature of an authorized official;

4) documents are not presented in full.

2.15. An exhaustive list of grounds for refusal coordination of work in technical and security zones :

1) lack of approvals in the prescribed manner with the owners of engineering networks and communications, roads and railways, pipelines, as well as other persons whose interests may be affected during the work.

2.16. Municipal service“Coordination of work in technical and security zones” is provided free of charge.

2.17. The maximum waiting time in line when submitting a request for the provision of a municipal service is no more than 30 minutes, when receiving the result of the provision of a municipal service - 15 minutes.

2.18. The registration period for an application for the provision of municipal services is no more than 15 minutes.

2.19. Requirements for the premises in which municipal services are provided, for the waiting room, places for filling out requests for the provision of municipal services, information stands with samples from filling out and a list of documents required for the provision of municipal services.

The administration building must be equipped with a fire safety system and fire extinguishing equipment. The premises of the building must comply with sanitary and epidemiological rules and regulations.

Reception of applicants for the provision of municipal services is carried out by a specialist from the administration of the rural settlement.

The place where municipal services are provided is equipped with an information stand and chairs.

Places for filling out applications must meet comfortable conditions for applicants and be equipped with tables, chairs, and office supplies.

The specialist’s workplace is equipped with the necessary functional furniture, office equipment and telephone communications.

2.20. In order to ensure accessibility of municipal services, disabled people are provided with assistance in overcoming various barriers that prevent them from receiving municipal services on an equal basis with other persons. The premises are equipped with widened passages to ensure unhindered access for people with disabilities. The entrance to the building in which municipal services are provided is equipped with a ramp, an expanded passage that allows for unimpeded entry for people with disabilities (wheelchair users). Deaf and mute people, visually impaired people and other persons with limited physical capabilities are provided with assistance in moving indoors if necessary.

The parking lot must provide parking spaces for special vehicles for disabled people (at least 10 percent). There is no charge for using a parking space. Places for obtaining information and filling out documents are equipped with information stands.

2.21. Indicators for assessing the accessibility of municipal services:

1) receipt of municipal services in a timely manner and in accordance with the standard for the provision of municipal services;

2) obtaining complete, up-to-date and reliable information on the procedure for providing municipal services, including using information and communication technologies;

3) obtaining information about the result of the provision of municipal services;

4) filing a pre-trial and (or) judicial complaint in accordance with the legislation of the Russian Federation with a complaint (claim) against a decision made on an application or against the actions (inaction) of employees of the Administration of a rural settlement;

5) transport accessibility to places of provision of municipal services;

6) ensuring the possibility of sending a request by email;

7) posting information about the procedure for providing municipal services on the official website of the Administration of the rural settlement on the Internet.

2.22. Indicators for assessing the quality of municipal service provision are:

1) compliance with the deadline for the provision of municipal services;

2) the absence of complaints filed in the prescribed manner against the actions (inaction) of officials carried out during the provision of municipal services.

2.23. Other requirements, including those taking into account the specifics of providing municipal services in multifunctional centers (hereinafter referred to as “MFCs”) and the specifics of providing municipal services in electronic form.

2.23.1. The provision of municipal services at the MFC is carried out subject to an agreement on interaction between the administration Roshchinsky rural settlement and MFC (hereinafter referred to as the interaction agreement).

The provision of municipal services at the MFC is carried out according to the “one window” principle, according to which the provision of municipal services is carried out after a single application by the applicant with the corresponding request, and interaction with the administration Roshchinsky rural settlement providing municipal services is carried out by a multifunctional center without the participation of the applicant in accordance with regulatory legal acts and an interaction agreement.

2.23.2. The provision of municipal services in electronic form, including the interaction of bodies providing public services, bodies providing municipal services, organizations organizing the provision of state and municipal services, and applicants, is carried out on the basis of information systems, including state and municipal information systems that make up information -technological and communication infrastructure.

1. Composition, sequence and deadlines

administrative procedures, requirements for the procedure for their implementation

3.1. The sequence of administrative procedures when providing municipal services:

1) acceptance and registration of the application with the attachment of relevant documents;

2) consideration of an application for the provision of municipal services;

3) preparation and delivery coordination of work in technical and security zones, or refusal to coordination of work in technical and security zones ;

3.2. For getting coordination of work in technical and security zones the applicant applies to the administration of the municipality with an application for the issuance of coordination of work in technical and security zones .

3.2.1. The application is submitted in one copy. At the request of the applicant, the application may be submitted in two copies, one of which is returned to the applicant with a mark of acceptance.

3.2.2. The documents required to obtain municipal services are provided in originals or copies, duly certified.

3.2.3. A general administration specialist checks the proper execution of the application and the compliance of the documents attached to it.

3.2.4. In case of improper execution of the application (in the absence of information about the customer, contractor, signature of the applicant), or inconsistency of the documents attached to it, the general administration specialist returns the documents to the applicant and explains to him the reasons for the return. At the request of the applicant, the reasons for the return are indicated in writing on the application.

3.2.5. If the application is properly completed and the documents attached to it are consistent, the general administration specialist registers the application for issuance of approval for work in technical and security zones in the incoming correspondence log and sets a day on which the applicant must appear to receive the result of the provision of municipal services.

3.2.6. A general administration specialist checks the availability of the necessary documents.

3.2.7. Based on the results of the inspection, the deputy head of administration prepares two copies coordination of work in technical and security zones.

3.2.8. Arriving on the day appointed to receive the result of the municipal service, the applicant presents an identification document, and the applicant’s representative presents identification documents and confirming his authority.

3.2.9. The applicant indicates his last name, first name, patronymic in the registration log, signs and the date of issue of the approval. After entering this data, the general affairs specialist administration issues to the applicant or the applicant’s representative coordination of work in technical and security zones.

3.2.10. If the applicant fails to appear on the appointed day, the result of the provision of municipal services on the next day is sent by a specialist in general issues administration by registered mail with notification.

1. Forms of control over the implementation of the Administrative Regulations

4.1. Current control over compliance with the sequence and deadlines for the execution of administrative procedures determined by these Administrative Regulations, and the adoption of decisions during the provision of municipal services, is carried out by the chairman of the Roshchinsky village council - the head of the administration of the Roshchinsky rural settlement.

4.2. Current control is carried out through a monthly analysis of accepted requests for the provision of municipal services, complaints and proposals for compliance and execution of the provisions of these Administrative Regulations received from applicants.

4.3. The main objectives of monitoring compliance with the sequence and timing of the provision of municipal services are:

— carrying out inspections;

— identification and establishment of violations of the rights of applicants in the provision of municipal services;

— making decisions to eliminate identified violations.

4.4. Inspections can be scheduled based on the work plans of the administration of a rural settlement or unscheduled, including based on a complaint from applicants about the untimeliness, incompleteness and low quality of provision of municipal services or unlawful refusal to provide them.

4.5. The decision to conduct an unscheduled inspection is made by the chairman of the Roshchinsky village council - the head of the administration of the Roshchinsky rural settlement or an official authorized by him of the administration of the rural settlement.

4.6. To conduct unscheduled inspections of the provision of municipal services, a commission is formed, which includes officials and employees of the administration of the rural settlement.

4.7. The results of the inspection are formalized in the form of a report, which notes the identified deficiencies and indicates proposals for their elimination. The act is signed by all members of the commission.

4.8. Based on the results of inspections of the completeness and quality of the provision of municipal services, in case of violations, the perpetrators are brought to disciplinary liability in accordance with the Labor Code of the Russian Federation.

4.9. Citizens, their associations and organizations can control the provision of municipal services by receiving information by telephone, written requests, email, on the official website of the rural settlement administration and through the portal of state and municipal services.

The main provisions characterizing the requirements for the procedure and forms of control over the implementation of the Administrative Regulations, including by citizens, their associations and organizations, are established and determined in accordance with federal laws, as well as other regulatory legal acts of the Russian Federation.

1. Pre-trial (out-of-court) procedure for appealing decisions and

actions (inaction) of the body providing municipal services, as well as officials

5.1. Applicants have the right to appeal pre-trial decisions,

actions (inaction) carried out (taken) during the provision of municipal services.

5.2. The applicant may file a complaint, including in the following cases:

1) violation of the deadline for registering the applicant’s request for the provision of a municipal service;

2) violation of the deadline for the provision of municipal services;

3) demands from the applicant for documents not provided for by regulatory legal acts of the Russian Federation, regulatory legal acts of constituent entities of the Russian Federation, municipal legal acts for the provision of municipal services;

4) refusal to accept documents from the applicant, the provision of which is provided for by regulatory legal acts of the Russian Federation, regulatory legal acts of a constituent entity of the Russian Federation, municipal legal acts for the provision of municipal services;

5) refusal to provide a municipal service, if the grounds for refusal are not provided for by federal laws and other regulatory legal acts of the Russian Federation, regulatory legal acts of constituent entities of the Russian Federation, municipal legal acts adopted in accordance with them;

6) the applicant’s requirements for the provision of municipal services of payment not provided for by regulatory legal acts of the Russian Federation, regulatory legal acts of the constituent entity of the Russian Federation, municipal legal acts;

7) refusal of the body providing municipal services, an official of the body providing municipal services, to correct typographical errors and errors in documents issued as a result of the provision of municipal services, or violation of the established deadline for such corrections.

5.3. Ways to inform applicants about the procedure for filing and considering a complaint.

Informing applicants about the procedure for filing and considering a complaint against decisions and actions (inaction) of a body providing a municipal service, an official of a body providing a municipal service, a municipal employee is carried out by posting information on stands in places where municipal services are provided, on the official website of the administration of a rural settlement, on a single portal of state and municipal services or a regional portal of state and municipal services, and is also carried out orally and (or) in writing.

5.4. The complaint is submitted in writing on paper or electronically to the Administration of the rural settlement.

5.5. The official authorized to consider complaints about violations of the procedure for providing municipal services is the chairman of the Roshchinsky village council - the head of the administration of the Roshchinsky rural settlement.

5.6. The complaint must contain:

1) the name of the body providing the municipal service, the surname, first name, patronymic of the official of the body providing the municipal service, or the municipal employee whose decisions and actions (inaction) are being appealed;

2) last name, first name, patronymic (the latter - if available), information about the place of residence of the applicant - an individual or name, information about the location of the applicant - a legal entity, as well as the contact number(s)

telephone number, email address(es) (if available) and postal address to which the response should be sent to the applicant.

5.7. Complaints of applicants submitted in writing or in the form of an electronic document remain without consideration in the following cases:

1) the complaint does not indicate the name of the citizen who sent the complaint and the postal address to which the response should be sent;

2) the complaint contains obscene or offensive language, threats to the life, health and property of an official, as well as members of his family (the complaint remains without consideration, and the applicant is informed that abuse of rights is not acceptable);

3) the text of the complaint is not readable (no response to the complaint is given, it is not subject to forwarding for consideration, which is reported to the applicant if his name and postal address are readable);

4) the appeal appeals against a court decision (within seven days from the date of registration it is returned to the citizen who sent the appeal, with an explanation of the procedure for appealing this court decision).”

5.8. When considering a complaint, the applicant has the right to request information and documents necessary to substantiate and consider the complaint, including in electronic form.

5.9. A complaint received by the Administration of a rural settlement is subject to consideration by the head of the administration of a rural settlement within fifteen working days from the date of its registration, and in the case of an appeal against the refusal of employees of the administration of a rural settlement to accept documents from the applicant or in the correction of typos and errors, or in the case of an appeal against a violation of the established the period for such corrections is within five working days from the date of its registration.

5.10. Based on the results of consideration of the complaint, the chairman of the Roshchinsky rural council - head of the administration of the Roshchinsky rural settlement makes one of the following decisions:

1) satisfies the complaint, including in the form of canceling the decision, correcting typos and errors made by employees of the administration of the rural settlement in the documents issued as a result of the provision of municipal services;

2) refuses to satisfy the complaint.

5.11. No later than the day following the day of making the decision specified in clause 5.10. of these Administrative Regulations, a reasoned response on the results of consideration of the complaint is sent to the applicant in writing and, at the applicant’s request, in electronic form.

5.12. If, during or as a result of consideration of the complaint, signs of an administrative offense or crime are established, the chairman of the Roshchinsky village council - head of the administration of the Roshchinsky rural settlement immediately forwards the available materials to the prosecutor's office.

5.13. The applicant has the right to appeal a decision on a complaint made by an official in court in accordance with the civil procedural legislation of the Russian Federation.

Administrative Application

regulations for the provision

municipal services

"WITHapproval of work in technical and security zones»

Published on 10/05/2018 in the section Administrative regulations of municipal services, Register of resolutions of the Settlement Administration

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DECISION October 5, 2018 No. 144 On approval of the administrative regulations for the provision of municipal services “Conducting control geodetic surveys and transferring as-built documentation to...”

The provision of services is an area in which a huge number of companies are involved. Selling professional services, according to most entrepreneurs, is much more difficult than selling goods. At the same time, many companies operating in this area make serious mistakes when concluding service agreements, which leads to disastrous consequences. In this article, I will talk about three mistakes when agreeing on a service agreement that can lead to losses for the contractor.

1. The right to refuse is not limited in the contract

It was no coincidence that I started with this mistake. Article 782 of the Civil Code of the Russian Federation establishes that the customer has the right to refuse to fulfill a contract for the provision of services for a fee, subject to payment to the contractor for the expenses actually incurred by him. This means that the customer can cancel the contract at any time.

The consequence of refusal on the part of the customer is reimbursement of actual expenses incurred. Such expenses may include expenses for office supplies and the purchase of other components. Agree, in the sphere of providing services, the contractor does not incur large expenses, which can be confirmed by documents (checks, payment orders). In b2b relationships, the right to withdraw from the contract at any time may be limited. In b2c such a restriction is not allowed. Costs of consumer law!

Example of a clause for a contract:

"7.1. The Customer does not have the right to unilaterally withdraw from the Agreement. The Contractor has the right to unilaterally, out of court, refuse the Agreement, subject to full compensation to the Customer for all losses incurred in connection with this refusal.”

When applying such a clause, the general rules of the Civil Code of the Russian Federation will apply, allowing termination of the contract only in the event of a significant violation.

2. Damages are not limited to the parties

This problem is typical not only for service contracts. The Civil Code of the Russian Federation establishes that the contractor has the right to refuse to fulfill obligations under a contract for the provision of paid services only if the customer is fully compensated for losses. Losses consist of actual damage (this may be the cost of the services themselves) and lost profits.

There is nothing wrong with returning actual damages. Lost profits, in turn, can consist of literally anything. This may include the costs of finding a new counterparty, delivery disruptions, and costs for more expensive services from another contractor. It’s hard to argue that the presentation of such demands can make a business owner worry. For example, the Ruling of the Supreme Court of the Russian Federation dated December 7, 2015 in case No. 305-ES15-4533 confirmed the legality of the recovery of 408.4 million rubles in lost profits from the pharmaceutical company TEVA. Although we were not talking about services, the amount of lost profits is impressive.

This problem can be overcome by including the following clause in the contract:

"4.6. The Contractor is liable to the Customer only for actual damage. The Contractor is not liable to the Customer for lost profits, production costs, business interruption, costs of replacement transactions or any other losses, regardless of who or what caused such losses.”

This limitation of losses is a common business practice.

3. The contractor does not have the right to attract other persons to perform the work

Very often, when agreeing on a contract, the parties cannot fully “outline” the scope of work that must be performed; there is no clear technical specification.

The general trend is for professional services companies to develop a separate specialization that allows them to claim deep expertise. If, during the execution of the contract, a task arises that requires expertise in another area, then the involvement of subcontractors may be required. According to the general rule established by the Civil Code in Art. 780 of the Civil Code of the Russian Federation, the performer must provide services personally.

Execution of a contract by another person may constitute a material breach of its terms. And such a violation may become grounds for termination of the contract. I recommend including the following clause in contracts:

"4.3. The Contractor provides the Services personally, but has the right to involve subcontractors.”

If the customer does not agree to such a condition, then it is possible to add a clause stating that the involvement of a subcontractor is possible only with the written consent of the customer.

Attention to the clarity of the formulation of technical specifications and contract clauses is the key to successful execution of contracts and the absence of disputes between counterparties.

What problems did you encounter when concluding and executing contracts for paid services?