FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 30, 2015 No. 452-FZ

About introduction of amendments to the Federal law "About the State Immovable Property Cadastre" and article 76 of the Federal law "About Education in the Russian Federation" regarding enhancement of activities of cadastral engineers

Accepted by the State Duma on December 22, 2015

Approved by the Federation Council on December 25, 2015

Article 1

Bring in the Federal Law of July 24, 2007 No. 221-FZ "About the State Immovable Property Cadastre" (The Russian Federation Code, 2007, No. 31, Art. 4017; 2008, No. 30, Art. 3597, 3616; 2009, No. 29, Art. 3582; No. 52, Art. 6410, 6419; 2011, No. 1, Art. 47; No. 27, Art. 3880; No. 30, Art. 4594, 4605; No. 49, Art. 7024, 7061; No. 50, Art. 7365; 2012, No. 31, Art. 4322; 2013, No. 27, Art. 3477; No. 30, Art. 4083; 2014, No. 26, Art. 3377; No. 30, Art. 4218; No. 43, Art. 5799; No. 52, Art. 7558; 2015, No. 1, Art. 52; No. 14, Art. 2019; No. 27, Art. 3975, 3997; No. 29, Art. 4339, 4359, 4370, 4377) following changes:

1) in Article 1:

a) state part 4 in the following edition:

"4. Cadastral activities are performance of works concerning real estate according to the requirements established by the Federal Law as a result of which preparation of the documents containing data on such real estate, necessary for implementation of the cadastral registration is provided (further - cadastral works), and rendering services in the cases established by this Federal Law. Person specified in article 29 of this Federal Law has special rights to implementation of cadastral activities (further - the cadastral engineer).";

b) add with parts 4.1 and 4.2 of the following content:

"4.1. Cadastral works are performed concerning the parcels of land, buildings, constructions, rooms, parts of such real estate objects, objects of construction in progress, and also other real estate objects which are subject according to the Federal Law to the cadastral registration.

4.2. In the cases established by this Federal Law in case of accomplishment of cadastral works as cadastral engineers coordinates of characteristic points of borders of the parcel of land (part of the parcel of land), coordinates of characteristic points of contour of the building, construction, parts of such real estate objects, coordinates of characteristic points of contour of object of construction in progress are determined, processing of results of determination of such coordinates during which the area of objects of the real estate is determined is performed and the description of location of real estate objects is performed, approval of location of borders of the parcel of land is carried out. In the case established by this Federal Law in case of accomplishment of cadastral works as cadastral engineers location of the building, construction or object of construction in progress on the parcel of land by means of the space description of structural elements of the building, construction or object of construction in progress, including taking into account height or depth of such structural elements can be in addition established.";

2) ceased to be valid according to the Federal Law of the Russian Federation of 03.07.2016 No. 361-FZ

Chapter 1 to add 3) with Article 3.2 of the following content:

"Article 3.2. The body exercising the state supervision of activities of self-regulatory organizations of cadastral engineers, national merging of self-regulatory organizations of cadastral engineers and maintaining the state register of self-regulatory organizations of cadastral engineers, the state register of cadastral engineers

The state supervision of activities of self-regulatory organizations of cadastral engineers, national merging of self-regulatory organizations of cadastral engineers (further - the state supervision), maintaining the state register of self-regulatory organizations of cadastral engineers and maintaining the state register of cadastral engineers are performed by the federal executive body authorized by the Government of the Russian Federation (further - state supervision body).";

To add 4) with Article 26.1 of the following content:

"Article 26.1. Appeal of the decision on suspension

1. The decision on suspension can be appealed administratively by the applicant or his representative, and also the cadastral engineer who prepared the boundary plan, the technical plan or the act of inspection provided to body of the cadastral registration with the statement for the cadastral registration or the legal entity whose worker is the cadastral engineer who prepared the boundary plan, the technical plan or the act of inspection provided to body of the cadastral registration with the statement for the cadastral registration in the appeal commission created under the body of the cadastral registration according to the procedure established by this Article (further - the appeal commission). At the same time appeal of the decision on suspension judicially is possible only after appeal of such decision in the appeal commission.

2. For appeal of the decision on suspension by person specified regarding 1 this Article in the appeal commission within thirty days from decision date about suspension the application for appeal of the decision on suspension is submitted. The corresponding application is submitted in the appeal commission for the location of body of the cadastral registration which made the decision on suspension, in writing in case of the personal address, by means of the mailing with the inventory of investment and with the assurance of receipt or electronically with use of information and telecommunication networks public, including Internet networks, including the single portal of the state and municipal services, according to the procedure, established by body of normative legal regulation in the field of the cadastral relations.

3. The appeal commission is created by body of the cadastral registration in each subject of the Russian Federation. The appeal commission about three representatives respectively from body of the cadastral registration and national merging of self-regulatory organizations of cadastral engineers (further - national consolidation) which are subject to rotation every two years are included. Regulations on procedure for forming and work of the appeal commission, the list and the document forms necessary for the appeal to the appeal commission, and also the documents prepared as a result of its work are established by body of normative legal regulation in the field of the cadastral relations. The chairman of the appeal commission and his deputy shall have the strengthened qualified digital signature.

4. The application for appeal of the decision on suspension submitted with violation of the requirements established by parts 1 and 2 of this Article is not taken cognizance by the appeal commission what within three working days person who submitted it the application is informed on.

5. In case of consideration of the application about appeal of the decision on suspension by the appeal commission justification of acceptance by body of the cadastral registration of the decision on suspension is estimated (availability of the bases for adoption of such decision, stipulated in Clause the 26th this Federal Law).

6. If necessary the appeal commission requests in public authorities, including in body of the cadastral registration, and also in local government bodies, the organizations and from physical persons (cadastral engineers) necessary for decision making by results of consideration of the application about appeal of the decision on suspension documents, materials and information. The self-regulatory organization of cadastral engineers which member is the cadastral engineer who performed cadastral works at the request of the appeal commission free of charge in time no more than ten working days from the date of receipt of the corresponding request provides conducting examination of documents which are submitted to body of the cadastral registration and by results of which consideration of the cadastral registration by body it was made the decision on suspension, and preparation by its results of the conclusion. Within examination it is performed regarding availability allowed by the cadastral engineer in the documents prepared by such cadastral engineer in case of accomplishment of the cadastral works, mistakes or their absence, and also regarding availability allowed by the cadastral engineer in case of accomplishment of cadastral works of violations of requirements of this Federal Law, other regulatory legal acts of the Russian Federation in the field of the cadastral relations or lack of such violations. The conclusion prepared by results of conducting the specified examination shall contain the detailed description performed and include valid conclusions concerning subject of conducting examination, including the reference to relevant provisions of this Federal Law, other Federal Laws, other regulatory legal acts of the Russian Federation.

7. The appeal commission notifies interested persons on receipt of the statement for appeal of the decision on suspension, time and the place of its consideration to addresses of their e-mail according to the cadastral data provided by Items 8 and 21 of part 2 of article 7 of this Federal Law (in the presence of such data), in cases and according to the procedure which are established by regulations on procedure for forming and work of the appeal commission. The specified interested persons have the right to be present at the corresponding meeting of the appeal commission.

8. The regulations on conducting examination of documents by self-regulatory organization of cadastral engineers which are submitted to body of the cadastral registration and by results of which consideration of the cadastral registration by body the decision on suspension, and preparation by its results of the conclusion was made affirm national consolidation in coordination with body of normative legal regulation in the field of the cadastral relations.

9. If decision making about suspension by acknowledged appeal commission proved (to the corresponding bases, stipulated in Article the 26th this Federal Law, including not reflected in the decision on suspension), by it makes the decision on variation of the statement for appeal of the decision on suspension.

10. In the decision on variation of the statement for appeal of the decision on suspension the circumstances which formed the basis for adoption of this decision with the exclusive reference shall be specified relevant provisions of this Federal Law, other Federal Laws, other regulatory legal acts of the Russian Federation in the field of the cadastral relations. The appeal commission which made the decision on variation of the specified statement within one working day from the date of its acceptance informs person who submitted the application for appeal of the decision on suspension, for the made decision.

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