Real care services provide specialized agencies or individuals.

• Real estate agency

Real estate agency (AN) is a legally executed organization, within which several employees can work at once. There is an opinion that it is more profitable to cooperate with the agency and legally safer than with a private intermediary. By signing a contract with the agency, the client can be confident that in the event of disputes, the company will submit the client's legal interests in court. If an AR includes a deal on the contract on the insurance of a transaction, then upon the occurrence of an insured event, the client will receive payment.

Real estate agencies have the following services:

1. assessment of the cost of residential and non-residential objects;
2. carrying out real estate auctions;
3. advising on taxation issues;
4. mediation in the field of purchase \\ Sales \\ Real estate rental;
5. providing rental for previously repurchased real estate objects;
6. sale of banks owned by banks (there must be an agreement with the banking service);
7. carrying out the settlement of houses;
8. purchase and sale of apartments in new buildings;
9. buying and selling private houses, even if they are in rural areas.

Realtor services are:

agents or attorneys:

brokers and dealers;

organizations in trade in residential and non-residential facilities;

developers.

• Private agents

In Russian legislation, there are no points that the realtor must have relevant licenses and certificates. Also, a private agent may not be legal education for such work. Therefore, every person can work or a real estate agent or a trading intermediary.

A private broker must first register with the role of an entrepreneur, so that he has the authority to conduct joint activities with its customers. If you work without registration, there may be consequences. Here are the main minuses:

• lack of experience;
• the inability to take a loan, mortgage, etc.;
• lack of legal status (real estate agent, broker, etc.);
• lack of reporting for tax inspectorate;
• in the case of legal proceedings, a private law will prove that he has taken money from customers by law;
• there is no legal rights to sign contracts with customers.

If the agent has no status of an entrepreneur, then when judicial disputes arise, the court will not refer to its activities.

Why the realtor should register as a private entrepreneur, and not as a legal entity?

The legal entity is an organization that has at its disposal monetary assets, property. Yurlitsa should be regularly reported to the tax inspectorate on the status of its accounting and the availability of income.

An individual entrepreneur must keep records of expenses and incomes, but it is not obliged to register in the tax inspectorate. The entrepreneur may not be any property at the disposal.

What laws regulate real estate activities?

In 2002, the mandatory licensing of real estate agents was abolished. Today, the work of realtors is regulated by legal acts of the Government of the Russian Federation and acts of subjects of Russia. The law that would relate specifically to the realtor profession is not accepted.

Back in 2011, a bill was put on the website of the Association of Realtors for further discussion, but it was never approved. It is assumed that when he approved, it will be possible to adjust the activities of real estate agents throughout Russia.

Now the activities of real estate agents rely on the Civil Code of Russia, as well as on legal and regulatory acts by the local government body.

Will new laws for real estate activities take place in the near future?

The lack of a legislative framework complicates the work of agents and their clients. Since realtors provide intermediary services during the conclusion of transactions with property, then fraudulent actions that need to be prevented are possible.

Today, all data on real estate objects and their copyright holders can be obtained through government agencies on special requests. Therefore, it is necessary to contribute to the legislation of the norms that will provide a more thorough information interaction of agents with local authorities.

What problems in the profession of real estate agents can solve the law "On Realtor's Activities"?

• Will reveal the basic concepts of the profession;
• Will allocate a list of participants in real estate activities;
• Will determine the narrow direction of activity of realtors;
• Will determine a clear package of documents, on the basis of which the realtor will have the right to work;
• Will determine the rules for obtaining certificates and certificates for work;
• Describe the rights of clients in working with realtors who have a license;
• Let's describe the rights and obligations of real estate agents;
• Will lead a list of sources of information to which the realtor must have access;
• Let's describe the requirements for the conclusion of the contract.

The last hearing of the draft law was held in the fall of 2015. The author of the bill - Elena Nikolaev - a deputy of the State Duma, I am sure that problems in the field of real estate must be addressed immediately. She also explained that it was time to get rid of the concept of "Black Realtor", and this can be achieved only by approval of legislation.

In most cities of Russia, about 70% of housing transactions are carried out under the guidance of intermediaries. The leader in this list was Barnaul. Here, 98% of transactions with residential and non-residential facilities are carried out with the participation of realtors. Consequently, it is possible that all agents that help people have a proper level of professionalism. For example, in Moscow, every 20th operation with housing is challenged through the court.

What unification of realtors is there in Russia now?

In Russia, several meritors' associations have been established: guilds, associations, unions, chambers. They establish the standards of conducting real estate activities.

The main structure involved in the regulation of realtor activities is the guild of realtors.

Realtor Guild in Russia: What is it, and why it is needed

The initiators of the Creating Guild in 1992 were realtors. Today, the guild is a non-commercial structure that unites 1500 agencies in more than 50 regions of Russia. Its main task is to resolve the activities of real estate agents by participating in the publication of bills. The guild has created all the conditions for the professional activities of its participants.

All members of the guild are guided by professional standards and the Code of Ethics. The federal register of certified professionals is also available to guild staff.

Realtor Guild is one of the founders of the International Real Estate Association.

Do I need certification of real estate activities?

The procedure for passing certification is regulated by the "Regulations on the passing of certification by specialists in the real estate market." Certification - Voluntary Measure. It is necessary in order to confirm the professional status of a brokerage company and prove its readiness to conduct real estate activities.

Any employee of a brokerage company may decide on the passage of certification, but its work experience in the role of agent should be at least 3 years. In case of successful passage of certification, the agent is issued certificate, certificate and corporate identity icon.

The certificate confirms the professionalism of the agent, so many customers try to work with those realtors who have a certificate.

There is such a form of privileges at the real estate agency, as a certificate. Its obtaining is also not obligatory, but gives the Agency a number of advantages:

• confirms the reliability of the company;
• allows you to work only highly qualified agents;
• indicates the agency belonging to the professional community.

Unlike the certificate, which may be received by a specific employee, the certificate is issued a company as a whole.

Does the realtor need an insurance?

There are two types of insurance that apply to realtor. First type - insurance of professional responsibility of the realtor. The second type is insurance of realtors, that is, property transactions. Both types of insurance are optional.

Professional responsibility insurance

This type of insurance is not too popular. Its essence is that the realtor insures its activities from unforeseen circumstances, for example, if the owner of housing has not warned him about some nuances.

The minimum amount of insurance is the average price of a one-room apartment according to the region where insurance occurs. Payment is carried out either by the court decision, or by mutual agreement of the realtor and customers.

Insurance of realtor activities

In the contract, which the client concludes with the agency or private realtor, may be covered by a deal insurance point. That is, if the agent assumes all the responsibility for the outcome of the transaction, then in case of an insured event, it must pay the amount of the amount that is spelled out in the contract.

Is it possible to make a deal without a realtor?

The legislation does not indicate that real estate transactions cannot be carried out without a realtor. That is, the appeal to the agency or to the private realtor is the voluntary action of the client.

Another thing is that without an intermediary is not so simple. Property evaluation, legal verification, preparation of documents, market analysis, - All this specialist can do much better.

For each of us, real estate transactions are a fairly serious event. By buying or selling your property, we must take into account all legal aspects and probable negative consequences, you need to take measures to prevent them in advance.

In such situations, it will not be overwhelmed with the consultations of proven and professional specialists, realtors.

The realtor (translated from the English "Realtor" - "real estate agent") is called a person, a physical or legal, which is professionally engaged in intermediary activities in the real estate market when concluding transactions for the purchase or sale of an immovable object or when leased. His income at the conclusion of any transactions is a commission or remuneration for the services provided to them. And what they are professionally engaged, called "real estate activities".

One of the most sought-after and highly paid in the world. It develops and expands every year. Therefore, to go into this direction, you need to possess not only basic knowledge about this business.

A realtor competent and successful in his business is not so much long as a diligent work on itself. A person to achieve this title must be educated and enjoy a mixture, be able to think analytically, to be attentive, positive and sustainable stressful situations.

Realtor activities are carried out between the two parties - the real estate agent and the concerned consumer - on the basis of a contract or power of attorney for the commission of a civil transaction with land, buildings, buildings, structures, with residential and non-residential premises. Not in all countries is applied in practice to obtain an appropriate permission from the state body for the right to provide such a type of service. For example, in Russia, licensing of real estate activity is not provided.

Unfortunately, it is the lack of restrictions and control of this activity that the licensing authority admits to the market of anything in the role of a realtor.

The uncontrolled situation in this actually turns into an immense field for the development of fraudulent actions. And this fact is negatively reflected in the reputation of professional professionals.

Realtor activity is not only actions of the Macler or Agent. For professional conduct of this case, organized realtor sites with the installed game rules can be created. At such sites there are buyers, on the one hand, which form the demand for real estate facilities, and sellers, on the other hand, which make their proposals for the sale of such property. The broker, or the organizer of such sites, receives its commissions for the minimity of both parties and preliminary fixation of transactions. Transactions on such sites can be concluded by various methods of auctions. It is worth noting that such a form of conclusion of transactions minimizes the probabilities of fraudulent operations, and will also allow the seller to get an optimally advantageous price for its object, and the buyer is the most acceptable cost of purchase.

In the CIS countries, real estate activity refers to a relatively young view of professional services, which was previously not applied before in practice, or had a very scarce story. But with improving the well-being of people increases interest and attention to this type of employment.

In recent years, the real estate market has become actively developing. Its development is mainly due to the two main factors.

Firstly This is due to the construction of a new residential fund. In many major cities of Russia in recent years, there has been a sharp increase in the number of new buildings. The largest cities of Russia are "rebuilt", and the number of construction companies is growing. In the late 90s of the last century, our country rose in the face of a serious problem. Most of the country's residential foundation has raised significantly and soon needed replacing. It was at this time at the federal level that there are no few different programs to improve the housing conditions of citizens.

For the construction of residential buildings, it is necessary to organize a legal entity (organization) or to be registered as an individual entrepreneur and receive a special permit - a license to the state of Russia. However, it should be noted that soon the licensing of construction activities will cancel, first cancel the licenses for the design of residential buildings, and then the construction licenses themselves. Currently, a license for construction is not so difficult, and the number of violations during the construction of new buildings is constantly growing. Therefore, the state suggests tightening control when making a residential building into operation. Perhaps the system of trademarks and quality marks will be introduced, by analogy with Europe. Building multi-storey houses for subsequent sale has become very profitable, investing capital in construction is associated with minimal entrepreneurial risks, since housing is always in demand.

Secondly This is due to the serious reform of the country's civil law. Recall that even recently, the housing for the Housing Code of the RSFSR could only be used for personal accommodation, the use of residential area to extract commercial profit was impossible. With the adoption of the new Civil Code of the Russian Federation (part first, second and third) (with amendment and extra. Dated July 21, 2005) (hereinafter referred to Purchases of purchase and sale, commercial hiring. The number of real estate transactions is constantly growing.

At the same time, no first year on the paid services market offer their services and real estate firms. They appeared almost immediately, together with the possibility of buying and selling residential premises. Realtors work where there is a constant demand for the purchase, or hiring residential premises. The number of real estate firms, the scope of their activities in the country's thoroughly is fully governed by the needs of the market of services with residential premises. Currently, real estate activities are widespread in our country, you can talk about two types of real estate firms. First The most common type of real estate firms are firms that provide only intermediary services in the real estate market. This is a small organization in which about a dozen realtors is working (it is often even less) engaged in "lift" suitable options for buying or selling real estate objects, their exchange, hiring. Such firms work in most cities of Russia and not necessarily in large cities, they exist where there is a demand for the purchase, sale, exchange, hiring of residential premises on the "sufficient" level.

Second The type of realtor firms "Realtor" in pure form will not call. They are engaged not only by providing intermediary services for the performance of various real estate transactions, but also themselves can participate in transactions. These firms participate in the construction of residential complexes on the equity basis, investment in construction, buy housing. These are quite large firms, according to their employees working in them, they can be attributed to "medium business". As a rule, they have a complex organization and a structural unit, possibly branches, representative offices. Such firms can be called "mixed" because, as already noted, they are engaged in not only real estate activities, but also another business in real estate.

Currently, the term is increasingly used. "Realtor", in the sense and the content of which the person is invested, which provides intermediary services in the real estate market. The term itself appeared in the United States in 1916, when he was registered as a special sign to denote the Association of Realtors. The realtors were allocated among other real estate merchants, because they were engaged exclusively by "intermediary" services, they themselves often did not speak in the transaction. In principle, real estate firms appeared and developed in developed and developing European countries (mainly Western) and America. The concept and content of realtors' activity is mainly included by intermediary services for the sale and sale, the share of other transactions that help conclude real estate realtors (mainly by the residential foundation) is relatively not great. Mostly abroad, realtors are engaged in purchasing and selling.

In our country, the market has a completely different structure and, in principle, the existence of a large real estate company, which would only be engaged in the fact that it was impossible intermediary services for a purchase and sale. For successful development and receiving not small profits, realtor firms must and other ways to participate in civilian trafficking in real estate. Therefore, real estate firms invest in the construction of a residential stock and can comprise the rights to "sell" the objects of immovable property under contracts for the assignment of rights. Realtors themselves can buy real estate (residential foundation) for subsequent delivery in hiring. Realtors in our country are not only the services of the intermediary for sale, but also by hiring residential premises.

Within the framework of this book, we will talk not only about the participation of real estate firms in intermediary transaction operations, but also we will tell about many other forms of participation of real estate firms in the real estate market. If we proceed from the presidential program "Housing", then we can say, real estate services are covered mainly by the "secondary" real estate market. The secondary market is just all subsequent resale of real estate since their construction. The primary real estate market includes all real estate transactions related to its construction, the acquisition of ownership of the newly constructed object of real estate.

It should be noted that in the legislation under the definition of real estate, not only residential premises are understood, but also all possible objects that are firmly related to land, they cannot be transferred to another place without causing damage. With regard to the topic in question, when we say "real estate", we will understand not only residential premises, but also another real estate. Currently, realtors are not only looking for customers and counterparties for transactions with residential premises, but also with non-residentials too. They find customers tenants for premises for offices, shops, warehouses, sell garages, etc. All this significantly distinguishes our market for real estate services from the one that exists, for example, in the European Union. This is due to the level of economic development of our country, therefore, in most regions, real estate firms will develop and exist and exist should also be engaged in other real estate services. Of course, to such regions of Russia as the city of Moscow, this can not be said, the market of real estate services there is completely different. We give the concept of real estate.

Real estate - the professional activities carried out on an ongoing basis for other persons for the remuneration of services when performing operations with real estate objects, as well as other commercial professional activities in the real estate market, these are entrepreneurial activities for the provision of mediation and information services when performing operations with real estate facilities, including including the acquisition, sale and exchange of real estate objects.

Realtor services - services provided in the implementation of real estate activities.

Professional market participant - legal entity or individual entrepreneur, carrying out (s) real estate activities in the market of services in the sphere of real estate and real estate management.

Qualified professional market participant - Professional market participant, which has passed in the prescribed manner, the accreditation procedure and received a document confirming the compliance of its activities by the legislation of the Russian Federation, the high quality of the services provided and professionalism in the implementation of activities.

There are several types of real estate activities (certain types of realtors services), in particular:

1) the activity of the realtor as an agent or attorney;

2) the activity of the realtor as a broker;

3) the activity of the realtor as a dealer;

4) the activity of the realtor as an intermediary when concluding real estate transactions or rights on it between third parties;

5) the activity of the realtor on the organization of trade in real estate;

6) the activity of the realtor for the creation of individual objects of real estate in order to subsequently sell them, transfer to compensated use;

7) the activity of the realtor for confidential management of real estate;

8) the activity of a realtor for the provision of consulting services, the services for the study of the market opportuncture, other compensable services associated with civilian real estate cyclics.

All these activities will be discussed below.

Realtor firms also provide a number of other real estate services that are not directly related to the provision of mediation services to conclude real estate purchase and sale agreements. For example, they provide services for reorganization-redevelopment of residential premises. This type of service does not apply to real estate firms, but if the realtors do not engage in such work, the firm simply will not be able to exist.

In principle, the client can instruct the realtor, make any action with its real estate. The realtor for this it is necessary to obtain a notarial power of attorney from the client. Power of attorney can be issued for a period of three years. When the power of attorney is certified, the Customer pays the notary state fee.

It can be said that the term itself "Realtor Firm" With regard to our market for paid services, it is not at all the value that was initially invested in this word, when registering it as a trademark in the early 60s. The level of economic development of our country is uneven. In various subjects of the Russian Federation, the economy has a variety of structure. Our country passes through a complex process of economic development, the factors affecting its structure are constantly changing. The economy of our country has remained unstable, some industries (oil producing) are significantly ahead of all the others in their development, which in the end a very negative impact on it. Therefore, real estate firms in some, more economically more prosperous regions have a completely different structure (there are several different list of services) than those are located in less developing. But, nevertheless, the market of real estate services in the whole country is growing and evolving. Although its development is "jerking" in certain regions of the country.

In this way, real estate - Entrepreneurial activity in the real estate market, carried out by independent real estate market activities activities in order to obtain profits on the organization and commission of civil law transactions (purchase, sale, exchange, rent, leasing, mortgage) with not owned by their immovable property (land plots, buildings, structures, structures, residential and non-residential premises) and rights to it, including brokerage and real estate agency activities, real estate management activities, activities to attract private investment in the creation and development of real estate. In addition, these are activities to provide all other services related to real estate client (translation of residential premises in non-residential). In the most general form, the entire work of the realtor can be represented as two groups of services provided to customers:

1) services for the conclusion of real estate transactions;

2) Services for the commission of other actions generating any rights and obligations for its property, but not related to civilian trafficking of this property. In more detail, the characterization of the realtor services we will consider in chapter 2 of this book.

The realtor must be a sociable, weathered and understanding person. In addition, his work is associated with the design of documents, the realtor accompanies the transaction before it is completed, which occurs when registering a transaction in the regulation. So, the realtor must have the ability to analytical thinking, attentive, clarity, preferably with higher education. The whole "document flow", which passes through the realtor can be divided into two main stages (stages). First , This is the preparation of all possible contracts, agreements, the conclusion of other transactions. All of them are associated with the main service, the result, the achievement of which wants to get a client from the realtor. Second This is just associated with the state registration of the transaction in the Russian Justice body for the registration of rights and real estate transactions. If the realtor immediately, at the first meeting with the client, does not tell him about how important it will "accompany the" client, then most likely you can deceive you. The conscientious realtor must accompany the real estate deal before receiving the client of all the necessary documents from the Registration Chamber, indicating its state registration. It was at the stage of state registration of a real estate transaction that a number of problems with state registration of the transaction may arise.

Recently, the real estate market has appeared a huge number of firms engaged in real estate activities. Such a tough and "close" competition is one of the many factors defining the situation and the quality of services in the realtor market. "Tesne" leaves the place only for those who work honestly, in good faith and highly professional. Competition is beneficial to the consumer of our services: who came to the real estate market seriously and for a long time, he should think about how to conquer the client's confidence. This is only possible when providing a whole range of services during real estate operations. No wonder some agencies assume the obligations to spend the whole range of turnkey services, up to providing assistance to the client when moving from the purchased housing sold. Although it is clear that the decisive role will be played not at all the possibility of moving, but the quality level of the entire service complex.

Within the framework of the topic we consider, we note, the state does not particularly control the activities of real estate firms. We present a comparison with the fact that in the 90s of the last century, realtor activities were subject to licensing, now this is not. However, this does not mean that the state refused the functions of control over the activities of real estate firms.

2. Control from the state for the activities of real estate firms

We have already noticed that realtor activities are not subject to licensing. However, the state can control the activities of real estate firms and other ways accessible to it. Immediately we note that the state of the state includes and tax control. Within the framework of this issue, we will consider only the issues of testing the tax authorities, but the tax issues themselves will be discussed in a separate chapter of the book. What types of state control we tap on this issue?

Firstly This monitoring conducted by government agencies according to the law on countering legalization (laundering) of funds made by criminal means. Secondly , it is antimonopoly control, third - This is tax control. Here are the most "active" types of control for real estate firms with which they face in the practice of their activities. The above list of control is far from exhaustive, and is a type of active control. For example, a real estate company can be the object of control by the inspection on labor protection, fire supervision, etc.

You can allocate a kind of "passive" control by the state for the activities of real estate firms. A real estate company, like any other, can commit a criminal act or commit an administrative offense. This type of control "is activated" when the offense is specifically committed. Consider in more detail all variations of control.

The first type of control is connected with legalization (laundering) of cash mined by criminal . Federal Law of August 7, 2001 No. 115-FZ "On Countering Legalization (Laundering) of Revenues received by criminal means and financing of terrorism" (with amended and add. Dated November 16, 2005) provided that real estate transaction It is subject to mandatory control if the amount on which it is performed is equal to or exceeds 3,000,000 rubles or is equal to the amount in foreign currency equivalent to 3,000,000 rubles, or exceeds it. The operation with cash or other property is subject to compulsory control if at least one of the parties is the organization or an individual in respect of which the procedure for their participation in extremist activity, or a legal entity, is available in accordance with the procedure. , directly or indirectly owned or under the control of such organizations or persons or a physical or legal person acting on behalf of or to indicate such organizations or persons.

Thus, when making a transaction in the amount exceeding 3,000,000 rubles, you automatically become an object of control by the control of the controls, for the emergence of a monetary amount of this size.

The Ministry of Antimonopoly Policy of the country also controls the activities of real estate firms. This is mainly related to major firms. . In NTU, MAP Russia received a statement from a commercial organization about an anti-competitive agreement within the Novosibirsk Association of Realtors (hereinafter referred to as the Association) concluded in the implementation of the following actions:

1) coordination of entrepreneurial activities of the members of the Association, which had its result a limitation of competition;

Territorial office opened a case on signs of violation of Art. 10 of the Federal Law of June 23, 1999 No. 117-FZ "On Protection of Competition in the Financial Services Market" (with amended and add. Dated December 30, 2001) (hereinafter - the Law on Competition). The meeting of the Commission NTU MAP Russia provided materials and documents that indicated the presence of an anti-competitive agreement. Coordination (coordination) of entrepreneurial activity was carried out in two directions:

1. Coordination of pricing policy. From the presented materials, it followed that from the very beginning of activity in the association a single pricing policy was held. Such coordination limited competition between members of the Association and infringe upon their clients' interests.

2. Coordination of promotional activities. Advertising activities are a component of competitive policies, and a consequence of its coordination was a significant limitation of competition. The Association Meetings Protocols contain restrictions on advertising, and were aimed at maintaining a certain level of prices.

At the Association meetings, it was decided not to advertise discounts for services and not publish information about the cost of services. Apparently, such a decision was made to conceal the fact of establishing single prices, tariffs and discounts. The NTU MAP of Russia's commission decided to issue a prescription with the requirement to terminate the violation of Art. 6 of the Law on Competition, expressed in:

1) the coordination of entrepreneurial activities that had the result of the restriction of competition;

2) carrying out the agreed pricing policy;

The NTR Commission MAP Russia decided to appeal to the court on the liquidation of the Association. The Association appealed to the court with a claim for the abolition of the decision and prescription of the NTU MAP of Russia. The association indicated the following to substantiate its requirements: on signs of violation of antitrust laws, the Commission for the consideration of the Czecome on the violation of antitrust laws was established. In determining the initiation of the case, it was stated that the association was broken / art. 10 of the Law on Competition, however, the Commission made a decision on issuing a prescription to terminate the violation of Art. 6 of the Law on Competition, thus, in the opinion of the plaintiff, the decision procedure was violated and therefore, the decision and prescription on the basis of this are invalid. The plaintiff also indicated that the conclusion of the Commission on the agreed pricing policy, which led to the restriction of competition, does not comply with the actual circumstances of the case.

In accordance with Art. 121 Civil Code Commercial organizations can create associations in the form of associations precisely in order to coordinate entrepreneurship. The very fact of coordination of activities is not a violation of antitrust laws. Only under the condition that such coordination has its result restriction of competition, it becomes unlawful. Under coordination of pricing policies, only the forms of bringing information about prices to consumers of real estate services were understood.

Having considered the decision and prescription of the Commission, the minutes of the meeting of members of the Association, in one of which it was decided to provide one of the members of the Association to change the pricing policy, which was one of the proof of the existence of price coordination, the court recognized the arguments of NTU MAP Russia unreasonable, based on the following. In accordance with Art. 121 Civil Code Commercial organizations can create associations in the form of associations in order to coordinate their entrepreneurial activities. In accordance with the Charter of the Association, one of the statutory goals of activity is to coordinate the activities of real estate firms. Thus, the coordination of the price policy of real estate firms in order to comply with antitrust laws can not entail the restriction of competition. According to the plaintiff, at the meeting of the members of the Association, it was about coordinating the pricing policy in the form of the form of bringing information about prices to consumers of real estate services, which is not a circumstance, entailing or mighty entitle the restriction of competition. Other evidence of the restriction of competition of NTU MAP Russia did not provide.

According to the plaintiff, the members of the Association did not specify any price level, and the defendant did not provide evidence of the opposite. According to the Commission's decision, a restriction on advertising campaigns established by the Association is reflected in the Protocols of the Assembly Members of the Association. Having considered these protocols, the arbitration court established the following. At the meeting in the speeches of representatives of the members of the Association, the question of advertising discounts was raised. However, there are no decisions in the meeting protocol therefore a matter. The question itself does not mean a violation of antimonopoly legislation. However, the following decisions were taken at the meeting: not punish between telephone answers about interest discounts, not publish information about the size of the cost of services and discounts.

After examining the circumstances of the case, the Arbitration Court recognized the unreasonable argument of the defendant that the coordination of promotional activities automatically entails the restriction of competition, since the defendant did not prove that restrictions on advertising were aimed at supporting a certain price level. The court declared contradictory standards to the conclusions of the defendant that the decision of the Association does not publish information about discounts limits competition in the market of real estate services, and at the same time proceeded from the following.

In accordance with the C / Art. The 2 Civil Code of the Russian Federation under the entrepreneurial activity is understood as independently implemented by activities aimed at systematic profit. The publication or non-publication of any information, including the services provided, does not apply to the subject of entrepreneurial activities carried out by realtor companies. Based on this, the decision of the NTR MAP of Russia on the presence of restrictions for the publication of discounts is not at all related to the coordination of entrepreneurial activities. Given the unprovenance of the restriction of competition, the agreement of the members of the Association for the establishment of a certain price level, the arbitration court canceled the decision and the instruction of the NTU MAP Russia.

NTU MAP Russia filed an appeal on the decision of the Arbitration Court. The arbitration court of appeal canceled the decision of the Arbitration Court of the first instance on the following grounds. According to paragraph 4 of Art. 6 of the Law on Competition is prohibited by associations (unions or associations), economic societies and partnerships. Implementation of the coordination of the entrepreneurial activity of commercial organizations, which has either may result in their result limiting competition. From the decision of the NTU, MAP Russia follows that the Association coordinated the entrepreneurial activities of its members. Coordination was carried out in two directions: pricing policy and advertising activities. As can be seen from the materials of the case, at one of the meetings of the members of the Association, the issue of pricing policy was considered. It was decided to represent the AOZT of the term to change the pricing policy. This fact indicates the impact of the Association for the Pricing Policy of Members.

Coordination of the pricing policy is applied from the decision of the Association of February 13, 1996 on the prohibition of holding a dumping policy in the Association, which is in this case a ban on price reduction. At the meeting of the Association, the question was raised to reduce the cost of services by 6-7%. Despite the deviation of the sentence, this fact indicates the presence of coordination of pricing policy. The coordination of the Member Provision Policy Association is a violation of paragraph 4 of Art. 6 of the Law on Competition. Advertising information about the cost of services and discounts contributes to an increase in the sale of goods (services). Consequently, restrictions on the publication of information about the discounts and the cost of services are related to the restriction of entrepreneurial activities (2 firms were excluded from the Association, which violated the requirements for restricting the dissemination of discount information).

Thus, the Arbitration Court recognized that the Association coordinated the entrepreneurial activities of its members, the result of which was the restriction of competition between members of the Association. This is a violation of Article 6 of the Law on Competition. The Arbitration Court of First Instance pointed out that NTU MAP Russia did not prove that such coordination entailed the restriction of competition. However, such an argument was not taken into account, since Article 6 of the Competition Act prohibits associations to coordinate entrepreneurial activities, which has or may result in its result. Restriction of competition.

The arbitration court of cassation, leaving the appeal of the Association without satisfaction, indicated that the reference to the claimant that the NTU MAP of Russia had violated the procedure for issuing a prescription (the case was initiated on the signs of violation of one article, and the order was issued to terminate the violation of another competition law on competition ), is insolvent on the following grounds. The norms of the Law on Competition and Rules, when considering an institutional case on signs of violation by the legal entity of antitrust laws, do not limit the Commission of the Antimonopoly Authority in the authority to retraining the actions of a legal entity and deciding on the established facts of violations. Therefore, for the retraining of the act is not required to initiate a new case.

Then this situation received its further development. NTU MAP of Russia in accordance with Art. The 6th Competition Act presented to the Novosibirsk Arbitration Court for the Elimination of Association. Shopping the requirement to eliminate the Association, the plaintiff referred to paragraph 2 of Art. 61 of the Civil Code of the Russian Federation and qualified the actions of the defendant as the implementation of activities prohibited by law, namely, paragraph 4 of Art. 6 of the Law on Competition. NTU MAP Russia also considered that the actions of the Association are a gross violation of the competition law, since only for the indicated violation, paragraph 4 of Art. 6 of the Law on Competition Antimonopoly Bodies may be claimed to eliminate the associations of commercial organizations.

The arbitration court did not find the grounds for the elimination of the defendant and at the same time came from the following. Paragraph 2 of Article 61 of the Civil Code of the Russian Federation contains a list of grounds for which a legal entity may be eliminated by the court decision. These, in particular, belongs to the implementation of the activities prohibited by law or with other coarse violations of the law. Indeed, the NTU Commission MAP Russia established a violation of antimonopoly legislation, and the competition law provides for the right to apply to the liquidation of legal entities to court, but, nevertheless, this cannot serve as a criterion of a gross violation of the law. Based on the general principle and the meaning of civil legislation, a gross violation of the law can be considered actions performed with the purpose of obviously nasty basics of law enforcement and morality, as well as the unfavorable, unreasonable consequences.

The arbitration court of the appellate instance also pointed out that NTU MAP Russia did not provide documentary evidence that the Association has repeatedly violated antitrust laws. Territorial administration also did not provide documentary evidence that the Association carried out activities prohibited by law ... The cassation instance agreed with the arbitration courts of the first and appeal instances and indicated the following. In accordance with paragraph 23 of the Resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation of July 1, 1996 No. 6/8, a legal entity may be liquidated only in cases provided for by the Code (paragraph 2 of Article 61 of the Civil Code of the Russian Federation). Consequently, the failure to fulfill the claims contained in other laws can serve as a basis for the liquidation of a legal entity if the Court qualifies relevant actions as repeated or gross violations of this law or other legal act. The arbitral tribunal, taking into account the circumstances of the case and the current legislation, gave an appropriate assessment of the Association's actions and was justified to the conclusion about the lack of grounds provided for in paragraph 2 of Art. 61 of the Civil Code of the Russian Federation, for its liquidation.

The supervisory instance also did not find the grounds for the cancellation of the decision of the Arbitration Court. Thus, according to the court, the association of legal entities (unions and associations) can be eliminated in court only as a result of coarse and repeated violations of antitrust laws.

When carrying out tax control, for the activities of real estate firms, the tax authorities should be guided by Art. 89 of the Tax Code of the Russian Federation (with reference and extra. Dated November 4, 2005) (hereinafter referred to as the Tax Code of the Russian Federation), tax control is carried out by officials of tax authorities within its competence through tax audits, receipt of explanations of taxpayers, tax agents and fertilizers, Checking these accounting and reporting, inspection of premises and territories used to extract income (profits).

Tax authorities, customs authorities, state extrabudgetary fund authorities and internal affairs bodies in the manner determined by agreement between them, inform each other about their materials on their violations of legislation on taxes and fees and tax crimes, about the measures taken to suppress them, The tax audits conducted by them, and also exchange other necessary information in order to execute tasks assigned to them.

In carrying out tax control, the collection, storage, use and dissemination of information on the taxpayer (payer of the collection, tax agent) obtained in violation of the provisions of the Constitution of the Russian Federation, the Tax Code of the Russian Federation, federal laws, as well as in violation of the principle of the safety of information constituting the professional secret of other persons , in particular, lawyer, auditing mystery.

During the inspection, the tax authorities are guided by the Federal Law of August 8, 2001 No. 134-FZ "On the protection of the rights of legal entities and individual entrepreneurs in conducting state control (supervision)" (with reference and extra. Dated July 2, 2005 ).

The control event is a set of actions of officials of state control (supervision) bodies related to the verification of the legal entity or an individual entrepreneur of mandatory requirements, the implementation of the necessary research (tests), examinations, the design of the test results and the adoption of measures on the results of the operation of control.

According to Art. 3 of this federal law, the basic principles of protection of the rights of legal entities and individual entrepreneurs during state control (supervision) are:

1) the presumption of conscientiousness of a legal entity or an individual entrepreneur;

2) compliance with international treaties of the Russian Federation;

3) openness and accessibility for legal entities and individual entrepreneurs of regulatory legal acts that establish mandatory requirements, the implementation of which is verified during state control (supervision);

4) the establishment of mandatory requirements by federal laws and adopted in accordance with them regulatory legal acts;

5) carrying out measures for the control of authorized officials of state control bodies (supervision);

6) compliance of the subject of the measures taken to control the competence of the state control authority (supervision);

7) the frequency and efficiency of the operation for control providing for the full and most rapid conduct during the prescribed period;

8) accounting of measures for control conducted by state control bodies (supervision);

9) the possibility of appealing the actions (inaction) of officials of state control bodies (supervision), violating the procedure for conducting control measures established by the federal law, other federal laws and adopted in accordance with them with regulatory legal acts;

10) recognition in the manner prescribed by federal legislation, inactive (in whole or in part) of regulatory legal acts that establish mandatory requirements, compliance with which is subject to verification if they do not comply with federal laws;

11) eliminating the full bodies of state control (supervision) of violations in the event of a complaint of a legal entity or an individual entrepreneur reasonable;

12) the responsibility of state control bodies (supervision) and their officials in conducting state control (supervision) for violation of the legislation of the Russian Federation; the inadmissibility of invalidation of state controls (supervision) fees from legal entities and individual entrepreneurs for conducting measures to control, except for the expenses of the expenditures of state control (supervision) for research (tests) and expertise, as a result of which violations of mandatory requirements are revealed;

13) Inadmissibility of directly obtaining state control authorities (supervision) of deductions from the amounts issued from legal entities and (or) individual entrepreneurs as a result of conducting measures to control.

Events on control are carried out on the basis of orders (orders) of state control bodies (supervision).

At the disposal (order) on the conduct of the control action indicates:

1) the number and date of order (order) on the conduct of the control;

3) surname, name, patronymic and position of the person (persons) authorized to conduct an event for control;

4) the name of the legal entity or the surname, the name, the patronymic of an individual entrepreneur, in respect of which the control event is held;

5) goals, objectives and subject of a monitored control;

6) the legal basis for the implementation of the control event, including regulatory legal acts, the mandatory requirements of which are subject to verification;

7) The start date and end of the control event.

Order (order) on the conduct of an event to control or its certified copy of the copy is made by an official carrying out an event for controlling, head or other legal entity or an individual entrepreneur simultaneously with a service certificate. The control event can be carried out only by the official (persons), which is indicated at the disposal (order) on the conduct of the control event.

The duration of the control event should not exceed one month. In exceptional cases related to the need for special research (tests), expertise with a significant amount of control activities, on the basis of a motivated proposal of an official carrying out the control event, the head of the state control authority (supervision) or his deputy, the deadline for the control of control can Be extended, but not more than one month.

In order to verify the fulfillment by legal entities and individual entrepreneurs of mandatory requirements for state control authority (supervision) within its competence, planned activities for control. With respect to one legal entity or an individual entrepreneur by each state control authority (supervision), a planned event for control can be conducted no more than once every two years. With regard to a small business entity, a planned control event can be carried out no earlier than three years since its state registration.

An unscheduled inspection, the subject of which is the control of the execution of the prescriptions to eliminate the identified violations, is subject to the activities of a legal entity or an individual entrepreneur when identifying the planned event to control violations of mandatory requirements. Explanatory measures to control are conducted by state control bodies (supervision) also in cases:

1) obtaining information from legal entities, individual entrepreneurs, government bodies on emergency situations, changes or disorders of technological processes, as well as the failure of structures, equipment that can directly cause harm of life, health of people, environment and environmental and Property of citizens, legal entities and individual entrepreneurs;

2) the occurrence of the threat of health and life of citizens, environmental pollution, damage to property, including in relation to homogeneous goods (works, services) of other legal entities and (or) individual entrepreneurs;

3) the appeals of citizens, legal entities and individual entrepreneurs with complaints of violations of their rights and legitimate interests of actions (inaction) of other legal entities and (or) individual entrepreneurs associated with the failure to comply with the mandatory requirements, as well as obtaining other information confirmed by documents and other evidence testifying to the presence of signs of such violations. Appeals not allowing to establish a person who addressed to the state control authority (supervision) cannot serve as a basis for an unscheduled control event.

For legal entities and individual entrepreneurs - members of a self-regulatory organization, solidarly carriers in accordance with the statutory documents, subsidiary responsibility for damage caused by the members of this organization due to non-compliance with the mandatory requirements for professional activity, which is the subject of self-regulation, establishes the procedure for state control (supervision), Support for scheduled measures to control 10 percent of the total number of members of a self-regulating organization, but at least in relation to two members of the self-regulating organization determined by the choice of state control authority (supervision). The procedure for conducting planned measures to control the members of a self-regulating organization is established by the order (order) of the state control (supervision) authority for the appeal of a self-regulating organization, which must contain information confirming membership in a self-regulating organization and solidarialism as provided by this paragraph of the subsidiary responsibility of its members for damage.

In establishing the procedure for conducting planned measures to control the members of the self-regulating organization, it may be denied if there is a state control (supervision) at the time of the appeal of the grounds for conducting its members of unscheduled measures to control.

The decision to refuse to establish the procedure for state control (supervision) of the self-regulating organization adopted by the head of the state control body (supervision) can be appealed in the prescribed manner. In case of identifying violations of compulsory requirements, members of the self-regulating organization officials of the state control authority (supervision) are obliged when conducting planned activities to control the self-regulatory organization about the identified violations. In case, when conducting planned measures to control one of the members of a self-regulatory organization, violations of mandatory requirements, the state control authority (supervision) may be decided to conduct unscheduled measures to control any other members of the self-regulating organization.

Violations of the obligatory requirements of the members of the self-regulating organization identified during unplanned control measures are the basis for the decision-making authority (supervision) on the cancellation of the established procedure for conducting planning measures to control the members of the self-regulating organization. The decision with the indication of the members of the self-regulating organization of violations and circumstances that served as the basis for the adoption of such a decision is communicated by the state control authority (supervision) in writing to the attention of a self-regulating organization within three days from the date of its adoption.

When conducting measures to control officials of state control bodies (supervision) is not entitled to:

1) to verify the fulfillment of mandatory requirements that are not related to the competence of the state control authority (supervision), on behalf of which officials operate;

2) carry out planned inspections in the absence of officials or employees of verifiable legal entities or individual entrepreneurs when conducting measures to control officials or employees;

3) require the submission of documents, information, samples (samples) of products, if they are not objects of control measures and do not apply to the subject of verification, as well as the originals of documents relating to the subject of verification;

4) require samples (samples) products for conducting their research (tests), examination without registration of an act on the selection of samples (samples) of products in a prescribed form and in an amount exceeding the norms established by state standards or other regulatory documents;

5) to disseminate information constituting the secret protected by law and obtained as a result of conducting measures to control, except in cases provided for by the legislation of the Russian Federation;

6) exceed the deadlines for conducting control measures.

According to the results of an event control officer (persons) of the state control (supervision) authority, the act of the established form in two copies is drawn up. The act indicates:

1) date, time and place of drawing up an act;

2) the name of the state control authority (supervision);

3) the date and disposal number, on the basis of which the control event was carried out;

4) surname, name, patronymic and position of the person (persons) who conducted an event on control;

5) the name of the audited legal entity or the name, first name, patronymic of the individual entrepreneur, the name, name, patronymic, the position of a representative of a legal entity or a representative of an individual entrepreneur present during the monitoring of the control;

6) date, time and venue for control measures;

7) information on the results of the control event, including the identified violations, about their nature, on the persons responsible for the commission of these violations;

8) information on familiarization or refusal to familiarize themselves with the act of a representative of a legal entity or an individual entrepreneur, as well as persons present in the event of the control, their signatures or a refusal of signature;

9) Signature of an official (persons) that implemented the control event.

Acts are attached to the selection of samples (samples) of products, survey of environmental objects, protocols (conclusions) of conducted research (tests) and expertise, explanations of officials of state control bodies (supervision), workers who are responsible for violation of mandatory requirements, and other documents or their copies associated with the results of the control event.

One copy of the act with copies of applications is awarded to the head of a legal entity or his deputy and an individual entrepreneur or their representatives to receipt is either sent by postal service with the notice of the presentation, which is attached to the copy of the act remaining in the state control authority (supervision). In the event of a detection as a result of an administrative offense control event (supervision), a protocol is drawn up in the manner prescribed by the legislation of the Russian Federation on administrative offenses, and prescriptions are made to eliminate the identified disorders.

Legal entities and individual entrepreneurs conduct a journal of accounting for control measures. In the journal accounting of measures to control the official of state control authority (supervision), an entry is made on the control event, containing information on the name of the state control authority (supervision), date, time of control, on legal grounds, purposes, objectives and subject Activities for control, discrepancies of violations, about compiled protocols, on administrative offenses and issued by prescriptions, and also indicate the name, name, patronymic, the position of person (persons), which carried out the control event, and its (their) signature. The journal of accounting for control measures should be flashed, numbered and certified by the seal of a legal entity or an individual entrepreneur. In the absence of a journal accounting for measures to control the act, compiled on the results of the control event, an appropriate entry is made.

The real estate company in the commission of various offenses will be subject to responsibility depending on the type of perfect misdeed. It may be criminal responsibility, tax, administrative, civil law. Consider some of the options for criminal liability for real estate firms.

Most often among the crimes committed, the client's commitment is found. Fraud - theft of someone else's property or the acquisition of the right to someone else's property through deception or abuse of confidence - has all the signs of the embezzlement listed in the note 1 to Art. 158 of the Criminal Code, with the only difference that the subject of encroachment during fraud is wider than the subject of other forms of embezzlement. According to the disposition of Part 1 of Art. 159 of the Criminal Code of the Russian Federation the subject of fraud can also be the right to property (for example, a savings book for receiving a deposit in a bank, a debt receipt for money from the lender, etc.). The objective side of the fraud is expressed in actions characterized by two methods of their commitment: deception or confidence abuse. As a result of deception or abuse, the victim, misleading, voluntarily reports his property to the fraudster. Thus, the realtor can deliberately mislead his client regarding the rights transferred to him, or further actions of the realtor and the result obtained. The deception of the owner, owner or persons, under the protection of which property is located, can be expressed in conscious distortion or in the silence of truth. Deceptible actions in fraud are committed until the transfer of property in favor of the perpetrator. And consequently, between the deception and delusion of the victim, voluntarily transmitting property, the causal relationship mediated by the consciousness of the victim should be established.

The most typical forms deception They are expressed in the fact that the guilty gives himself to a person who has the right to receive property, which is in fact not. In the field of real estate services, it is most often expressed in exceeding the realtor of their powers. The deception can be expressed in obtaining a cash advance for the work that the guilty is not going to perform, or silent about the circumstances that are important (for example, the death of a relative when receiving his pension by proxy). Finally, the guilty can submit substrate documents for obtaining someone else's property or cash (fake power of attorney).

Another form of fraud is confidence abuse . The essence of the abuse of confidence as a fraudulent method of seizure of someone else's property is to use trust relationships that have developed between the guilty and victims. In order for the abuse of confidence to be recognized as a fraudulent selection in someone else's property, the guilty is not enough to cause their actions to be a particular confidence from the victim or to use this confidence in the virtue of the special relations that exist between him and the victims. The guilty need to convince the victim to transfer property to his disposal. The abuse of confidence is covered by cases of fraudulent conclusion of contracts (for example, some kind of signature on a bill under the pretext of obtaining a loan in a bank and instead will present it to the recovery). This method of fraudulent coverage of someone else's property with a selfish goal will take place when, for example, a realtor makes up and actually acquires a customer-purchased real estate in his own property, or assigns themselves the money received from the sale.

Of particular interest is the question of using fake or purchased illegally, giving the right to receive someone else's property. Introducing such a document (for example, a fake power of attorney for money), the guilty creates a fictitious legal basis for obtaining someone else's property, but if the guilty himself made such a fake document, then the responsibility should occur on the aggregate of crimes provided for by Art. 159 and 327 of the Criminal Code of the Russian Federation. Currently, the so-called fraudulent transactions were distributed, when a person or group of persons conclude an agreement on the production of any work or the acquisition of things, seeking to take possession of someone else's property and not going to fulfill their obligations. The Supreme Court of the Russian Federation in one of the definitions of the judicial board in criminal cases indicated that the actions of the person concluded agreements with citizens to buy goods from them, having intent on deception in order to take possession of their means, contain signs of fraud.

Fraud is considered a crime at the time of the voluntary transfer to the victim, misleading as a result of the deception or abuse of confidence, its property is guilty. In the same cases, when the guilty of these ways acquires the right to property, the crime is considered to be completed at the time of receipt of the document providing the appropriate right.

The next common crime in the field of realtor activity is the composition provided for by Art. 201 of the Criminal Code of the Russian Federation is abuse of powers. This crime encroaches on the normal activities and interests of the service in commercial and other organizations, as well as the rights and legitimate interests of citizens or organizations, society or state. This composition provides that the realtor by deliberate abuse with its powers, harmful to his client. This composition should be distinguished from fraud because fraud implies the acquisition of the client's property to the ownership of a realtor or other persons, but in its intent (direct, indirect). In the abuse of permissions, the realtor is intentionally or in negligence (frivolity) causes himself or permits damage to the property of his client, while the realtor itself does not acquire anything, do not acquire anything and other faces.

3. Types of real estate services, payment system

Above, we have already said that all services rendered by a realtor client can be distributed into two groups. First group - These are the services of the realtor for the participation of the property of "real estate and residential" in civil circulation. Second group The real estate services make up the actions of a customer real estate realtor who are not related to transactions on its alienation, putting in hiring, rent, etc. Consider more details all the options for services rendered by the realtor.

First group services always turns out to be any real estate firm. They are connected with that, then the realtor has mediation services for the conclusion of civil law transactions with real estate client, or with its material means with the ultimate goal of the acquisition by the Client of Real Estate.

In connection with this type of service, you can talk about the participation of the realtor in the sale, sale, donation, lifelong content with dependent, hiring and lease of real estate. All of these transactions can be allocated to an independent type of services provided by the realtor within the framework of the first group of services allocated by us.

When providing such services, all the work of the realtor lies in the fact that it finds a suitable option for the client to conclude a transaction. The realtor in this case can participate in the conclusion of a transaction as a trustee, either how legally not to participate in the conclusion of the transaction, but only prepare all the necessary documents for the transaction, find the appropriate option for the client. All allocated by us into an independent group of services, transactions can be characterized by the fact that they are aimed at the transition of the right to use - always and necessarily, or even property rights to real estate for the client. In this case, the realtor service is "one-time" character. Requires the conclusion of a maximum of three transactions in the interests of the client.

A more complex is the process when a real estate company provides a customer with a range of services for managing its property, the acquisition for the client of property, participation in its construction. Here, the real estate firm can provide several services, all transactions will be civil-based, but they are all connected with the transition of any rights regarding real estate. Moreover, the real estate firm in this case can provide the client to services that are not related to the conclusion of transactions, but are expressed in the realtor of other activities that are necessary for the client for the client to achieve the ultimate goal of the realtor services. In this case, we are talking about such services for customers as the transfer of residential premises into a non-residential, registration of the reorganization (redevelopment) of the residential premises, the management of real estate client. All data services for customers are issued by property trust management agreements. In such cases, the real estate company acts as a broker, agent or an attorney of its client on the market of mediation real estate services. It all depends on what powers represents a client for a real estate company, which wishes the result from the work of realtors.

In addition, the real estate firm may provide the client for the registration of the necessary documents for changing the legal status of the land plot on which the real estate of the client is located. Here we are talking about the whole range of services. This is due to the fact that the previously existing real rights of relative land plots have changed, according to the current land legislation, among citizens, land plots may be on ownership or lease. Initially, the Land Code provided for this way. However, with the adoption of the new Housing Code of the Russian Federation of December 29, 2004 No. 188-FZ (hereinafter referred to as the LCD of the Russian Federation), the law on the introduction of the LCD of the Russian Federation was adopted. This law has provided for the provision of land plot under the TPC, the HSSC. It turns out that now the rights of citizens, the participants of the LCC are violated by the fact that they cannot acquire land plots on the right of rent if they want, but should acquire them in the property. If the land plot acquisition into property, it will significantly affect the issues of taxation, citizens themselves will pay land tax. If the land plot is purchased on the right lease, citizens will not pay tax from this land plot, and will pay the rental fee to the owner of the land plot.

There are other types of rights that are subject to renewal in connection with the adoption of new legislation in this area. For example, the right of life inherited ownership cannot be conveyed on sale and sales transaction. Therefore, if the owner of the residential premises wants to sell it, he must sell it together with the Earth, otherwise it is simply impossible, the Registration Chamber will definitely refuse to register such a transaction. It is necessary to reissue this land plot on the right of lease or property.

Another case, to all organizations that were previously only government, land plots were often granted on the right of permanent perpetual use. As a result of privatization, there were not state commercial organizations that enjoy land plots on the right of permanent permanent use. The right of constant permanent use was left as a kind of real law to land plots, but now in now existing land law, land plots can be provided in such a right to state and municipal enterprises (MUP, GUP, FSUE). The law on the introduction of the Land Code of the Russian Federation was provided for the obligation of these organizations to reduce the right of constant indefinite use on ownership or lease.

From here there is a whole direction, mass, work for real estate firms, which can provide their services for re-issuing rights to land in all above cases such as citizens and legal entities.

In addition, in all cases when a legal entity or citizen sells its immovable property, the re-registration of the new owner is subject to this property (structure and land), and this also creates a wide field for the work of real estate firms. It should be noted that in small provincial cities, realtor firms largely receive their profits precisely from providing this kind of service to customers.

The work of the realtor is connected with the provision of another area of \u200b\u200bservices. All of them are related to the construction of residential buildings. Realtor firms can participate in the concession contracts of the right to claim real estate object not yet completed by construction, shared participation agreements in construction and other civil law transactions. At the same time, the real estate firm may act as a deal on a deal or to provide intermediary services without taking any rights or duties for the transaction. In addition, the real estate company may take advantage of transactions, that is, to make a profit from the purchase and sale or transfer of the rights of claim, and not from the client's remuneration.

In cases where the realtor acts as an intermediary of his client, its relationship with the client may be issued through the establishment of obligations under the commission, the instruction, trust management of property, the Commission. If the realtor independently participates in its own interests in civil obligations over residential premises, then no additional treaties, except for those who directly transfer rights to real estate, is not. In the chapter of the second of this book, we will consider in more detail all possible real estate transactions, dividing them into two groups: transactions with which the powers of the realtor and the client, intermediary deals of realtors, as well as transactions in which the real estate firm is in its interest and from His name.

In every real estate firm there are their rules of payment . Each realtor firm itself chooses ways to determine payment for the services of a real estate company. In the organization, as a rule, a system of tariffs for customer services is established. The cost of services for the services of a real estate company can be established depending on the value of real estate, with which transactions are made in the interests of the client, or can be installed in a solid fixed amount. For example, when making transactions for reorganization (redevelopment), renewal of the right to land plot, the price of the service is most appropriate to establish in a solid (fixed) amount, when performing real estate transactions, the price for services is made dependent on the value of real estate.

The practice of entrepreneurial activities of real estate firms shows that mostly the company chooses one method of determining the price, establishes it depending on the type of work (services provided by the Client).

There are realtors that take a prepayment for the services provided. In other realtor firms, a prepayment is charged from the client. Some realtors take pay for their services only after completing their work. In the latter case, the price is established depending on the value of real estate, which is the subject of the "order" of the client. For example, 5% of the price for which the client's apartment will be sold. In this case, it is important to take into account the interests of the client who wants to get from the sale of its apartment a certain amount, since the realtor can sell it at all over any price. Therefore, when determining the price of the realtor service, the most acceptable for the client will agree with such a payment procedure: the client establishes a firm amount for which he wants to sell his apartment and, if, the realtor sells it for the biggest amount, the whole difference in the price gets a realtor, as Remuneration, for services rendered.

It should be noted, then on the legal relationship of the client and the realtor in order of payment for services, and other conditions for their legal relations with the client, the norms of the Civil Code of the Russian Federation on the compensated service provision (ch. 39) are distributed.

Under the compensated service contract, the Contractor undertakes on the task of the Customer to provide services (make certain actions or implement certain activities), and the Customer undertakes to pay for these services. Unless otherwise provided by the contract for the provision of services, the Contractor must provide services personally. The client can always learn about who provides him with this type of service, as the client will notarily make a power of attorney on the realtor, who will deal with his "case". If the client does not provide for the realtor the right of handover for the realtor, then this means that no one except the realtor on which the power of attorney is issued, it will not be able to make a single legally significant action. Namely, no one can order the BTI technique in the client's apartment, to conclude transactions in the interests of the client, to enter into other civil law, housing, land, administrative or municipal legal relations.

The customer is obliged to pay for the services provided to him on time and in the manner specified in the compensated service agreement. In case of the impossibility of execution arising from the fault of the customer, the services are subject to payment in full, unless otherwise provided by law or the contract for the provision of services. So, for example, the client hid from a realtor the fact that previously a reorganization was held in the apartment (redevelopment), which was not obtained by the permission of the local government. Realtor when preparing documents for state registration of the transaction, necessarily causes BTI employees to compile the plan. The client becomes aware of the unauthorized reorganization (redevelopment), it is about that a new buyer will have to spend not enough money to "legitimize", the reorganization (redevelopment). This fact will certainly affect the size of the purchase price of the apartment, in the direction of its decrease and then, a client does not agree to new conditions for paying for an apartment, the contract for the provision of real estate services with it can be terminated.

In the case when the impossibility of execution arose in circumstances, for which none of the parties responds, the Customer reimburses the Contractor actually incurred by them, unless otherwise provided by law or the contract for the provision of services.

Thus, as can be seen from the ch. 39 of the Civil Code of the Russian Federation, in civil law standards governing the issues of paid services, applying a dispositive method of legal regulation of legal relations. All rights and obligations of the Customer (Client) and the Contractor (realtor) may be changed to the contract for the provision of services.

The Civil Code of the Russian Federation allows the realtor and the client to refuse unilaterally from the execution of the Agreement for the provision of real estate services, without any reasons that make it impossible to fulfill the contract. The customer has the right to refuse to fulfill the contract of compensated service provision subject to payment by the Contractor actually incurred by them. The Contractor has the right to refuse to fulfill obligations under the contract of compensated service provision only under the condition of full compensation to the customer of losses.

Services rendered by realtor companies are issued between the client and the real estate organization contract for the provision of services . As a rule, the content of the contract for the provision of real estate services depends mainly on the nature of the services that the client is required. If these are a "one-time service" services, then the legal relations of the Parties (realtor and the client) are issued by a simple written contract for the compensated provision of services. If the real estate firm requires a repeated provision of services (for example, trust management of property), then the parties to the Parties may be issued by the Treaty Property Management Treaty, Commission, Agency.

The rendering of real estate services is regulated by the provisions of ch. 39 of the Civil Code of the Russian Federation. These provisions of civil legislation allow largely parties to determine the legal regulation of the provision of services, refers to the establishment of specific terms of the contract. It should be noted that the contract for the provision of services, including the real estate, will be a public contract, and therefore it disseminates its action of Art. 426 of the Civil Code. In addition, the practice of providing services by realtor companies shows that mainly the firm offer their customers to conclude agreements with them, the approximate conditions of which have already been developed (i.e. through the accession agreement). From the content of Art. 426 and 427 of the Civil Code of the Russian Federation it follows that the real estate firm is obliged to provide his services to each who to contact her. The company is not entitled to prefer one person in front of others, since, as we have already noted - this is a public contract. The cost of services rendered, as well as the terms of the contract must be set approximately the same for all customers.

The rendering agreement for realtor services cannot contain more discriminatory conditions than usually contains the contracts of this kind. Direct ban on this can be traced from the analysis of the norm of Art. 428 Civil Code of the Russian Federation. What conditions usually contain contracts for rendering real estate services?

All the terms of the contract can be divided into significant and not significant. The essential condition of the contract (if an agreement on it is reached between the Parties and it is contained in the text of the Agreement) makes it possible to consider such a contract with prisoners. All other conditions may not be included in the text of the Treaty for the provision of real estate services, but they will be observed by the parties based on the customs of the business turnover. So, according to Art. 424 and 425 of the Civil Code of the Russian Federation establishes the legal regulation of cases when the contracts are not provided for the price or the term of their action. In such cases, those prices and timing, which usually establish between the parties in the provision of real estate services are used.

The only significant condition for the Agreement for Realtor Services is a condition about the subject of the contract. Accordingly, if the client wants to acquire or sell, exchange with a real estate company, any residential premises, then it or its properties should be described in detail. Perhaps the customer wishes to get an apartment on a specific floor, in a certain area of \u200b\u200bthe city, it will definitely be reflected in the contract, otherwise, any residential premises that the realtor will offer its client to be considered an appropriate execution of the Agreement for Realtor Services.

Very often, in addition to the subject, in contracts for the provision of real estate services, indicate the amount of remuneration for the service in the form of a percentage of the value of the property sold for the client, or in the form of a fixed amount, if these are other services. The deadlines, the provision of real estate services, as a rule, do not contain, or they are not specified by a specific calendar date, but are addressed to the onset of any event, the fact. For example, "The company undertakes to sell the client's apartment no later than three months from the day when the privatization of the client's apartment will be issued" and other conditions of conditions.

Very often, the contract for the provision of real estate services contains conditions according to which the client does not have the right to apply to another company for the provision of the service with which he has already come to this firm. Moreover, in some cases, the text of the contract includes the conditions according to which the client will be obliged to reimburse the real estate firm material damage associated with a similar case. Material damage in this case can be expressed in the missed benefit, as a rule, an unfair client undertake to pay a remuneration that he would pay if he had been properly provided. In general, it is possible to note relative freedom in the conditions that establishes a real estate firm in relations with its clients.

Today, a round table was held in Barnaul on the topic "Legislative regulation of real estate activities." Directors of real estate agencies and invited guests discussed the issue of the prospects for adoption in Russia of the Law on Realtor Business. And in the opinions, not all came together.

Opened round table Marina Rakina, President of the Union of Realtors Barnaul and Altai. Marina Sergeyevna recalled that in 2002, a license for real estate activities was canceled, and for 14 years this sphere is almost no longer regulated. One part of the market is in Chaos, the other - took a position, despite the absence of some standards, hold the services at the proper level. The same position also adheres to the Union, which today unites 38 Altai specialized companies.

Continued the theme Oksana young, Head of the Public Reception State Deputy of the Russian Federation Alexandra Terentieva. "The problem of legal regulation of realtors is worth a long time, and the main subject of attention of deputies is the interests and rights of owners. Attempts to establish new standards were taken repeatedly, but they were not crowned with success, "said Oksana Evgenievna. - Opponents of adoption of these laws referred to the fact that we have a civil code, criminal and administrative codes, and this is enough. "

The bill was submitted to the State Duma in June 2016 by Fair Fairways. While this is the only non-rejected law. It is accepted in three readings by the majority of deputies. Then the Federation Council approves him, signs the president and it comes into force. Moreover, the most problem point is the adoption of the State Duma. Most of the laws of the fraction are "buried" in the first reading.

That this initiative will suffer precisely such fate, I am sure Yuri Matveko, ACSTE deputy. "Any law if He does not need anyone from the strengths of this, maybe never adopted. This is our harsh reality, - Posted by a deputy. - If there are things in the law that interest the government, global intercontinental developers, and so on, it means that it can be accepted with a high probability. Our parliament for eight years of work made a huge number of initiatives in the State Duma, and only three of them were accepted. Therefore, if the draft law has a negative conclusion of the government, the chance that it will be taken - 0.3%. "

Also, the deputy spoke about prospects. Today, according to Yuri Vitalyevich, there are several public organizations, which in Favor at the federal level. This is the Chamber of Commerce and Industry, "Support of Russia", "Business Russia". Through these "locomotives", the chances of adopting any law are increasing. The guild of realtors is not the format.

In addition, the initiative, according to Matveko, is not at all necessary to members of the professional community. "Any regulation is not very good, in my opinion. Any control and supervisory authority is a problem. Here you yourself drive yourself into the angle. You seek the adoption of the law that will put you in the framework, and life will not make it easier, but will complicate. "

I do not agree with Yuri Matveko Nelli Gutrova, Head of Real Estate Agency "Arus Belokurich". According to her estimates, in Barnaul about 150 agencies operating officially, of which more than 30 are in the Union of Realtors. Black business takes 30%. In Biysk officially working agencies 70, entering the Union - 1, black business is engaged in 50%. In Zarinsk, 10 officially working agencies, 1 in the Union, 50% - black market. And the very critical situation in Belokurikh - 5 officially working agencies, 1 in the Union, and the black business takes more than 100%. "The question of the need for the law does not make sense - it is naturally needed," says Nelli Eduardovna. - But there is a lot of flaws in it. There are no norms that give the interpretation of basic concepts. There are no terminology and the concept of real estate services as such. "

But in the law there is an item that concerns interaction with the media. So, all the media will receive the right to publish information about real estate facilities only in compliance with the rules. In particular, the owner must provide all the guidelines. The realtor, who applies, should work in accordance with all the rules of the law. With all this, ads must be free - otherwise it is equal to illegal mediation.

According to Igor Myakishev, the chief editor of the site "Real Estate Altai", today's situation suggests that no more than 5% of real estate announcements in our base are private traders. 95% are agencies or IP. Of these, 35 - 38% are members of the Union of Altai Realtors.

Some realtors expressed the view that, before discussing the law, it would be nice to negotiate in the community. "So far we have not come to order even within our agencies, even among themselves. We are not rivals to each other, we are not gathered to compete, but to bring order and negotiate. Then you can go further. So far, I think the law is raw and wrong, "says Olga Tenikova, Director of the Real Estate Agency "Seventh Floor".

"Who is this law? - asked a question Julia Mordovina, Director of the City Trade Real Estate Agency - does not seem to be for realtors. Any citizen, through this law, will try to sell us. Who needs this building a hierarchy that will control us? We started discussing the bill, hoping that we will have any guarantees. We assumed that the law would act as a tool for combating black macrolers for market cleaning. But this will not be. So it is not clear who we will give this law, "the expert emphasized.

The same opinion is adhered to Konstantin Nikiteev, Director of the Real Estate Agency "Key-Realt". "I am in the market since 1996. When it was licensing, fraud was more than more. Now there is a normal evolutionary process of the formation of the real estate community. What regulates the law? In essence, nothing. Less black brokers will not become, the market will not be cleaned. The process is gradually. And you do not need to compare us with Europe - the formation of this market has been going there for centuries, and we want to do everything for the year. Moreover, this law is not yet accepted, but already outdated, "the expert summed up.

Olga Skutin