Are you here: Codes of organizations and individual entrepreneurs

Greetings, friends! Very soon, on February 27, changes will come into force in the annex to the Regulations on federal state supervision of compliance with labor legislation and other regulatory legal acts containing labor law standards reflecting the criteria for reducing or increasing risk categories for the activities of organizations and individual entrepreneurs in terms of labor protection and labor legislation. In addition, here you can download a free sample application for changing a previously assigned risk category.

The corresponding changes, which will be discussed below, were made by Decree of the Government of the Russian Federation No. 134 dated 02/09/2018. As expected, the document was published on the official Internet portal of legal information on 02/19/2018. You can download Decree No. 134 in MS Word format will be at the end of the note.

How have the criteria for classifying the activities of organizations and individual entrepreneurs into a certain risk category changed?

In the appendix (criteria) to the Regulations on federal state supervision of compliance with labor legislation and other regulatory legal acts containing labor law norms, the corresponding paragraphs were added, according to which the activities of legal entities and individual entrepreneurs who are employers fall into the following risk categories ( Let me remind you):

high risk — if the indicator of the potential risk of harm to legally protected values in the world of work is 1 or more (check once every 2 years);
significant risk — if the indicator of the potential risk of harm to legally protected values in the world of work is from 0.99 to 0.75 (check once every 3 years);
average risk — if the indicator of the potential risk of harm to legally protected values in the world of work is from 0.74 to 0.5 (checked no more than once every 5 years);
moderate risk — if the indicator of the potential risk of harm to legally protected values in the world of work is from 0.49 to 0.25 (checked no more than once every 6 years);
low risk- if the indicator of the potential risk of harm to legally protected values in the world of work is less than 0.24 (no verification should be carried out).

The list of values for the indicator of potential harm to legally protected values in the sphere of labor due to possible non-compliance with mandatory requirements when carrying out a certain type of activity can be found in the Regulations on federal state supervision of compliance with labor legislation and other regulatory legal acts containing labor law norms, approved by a decree of the Government of the Russian Federation dated 01.09.2012 No. 875. You can download Resolution No. 875 as amended by Resolution No. 134 below.

So, if in the 3 years preceding the date of the decision to assign (change) a risk category, there was a fatal production-related accident in an organization or individual entrepreneur (with the exception of accidents that occurred due to the fault of third parties), then such an organization or individual entrepreneur is assigned a high risk category.

For those who are new to this site, for reference, Rostrud has determined a list of organizations classified as high and significant risk.

How to reduce the risk category?

cases of fatal injuries (for 3 years preceding the date of the decision to assign (change) a risk category);
severe injuries (for the year preceding the date of the decision to assign (change) a risk category);
the fact of unpaid wages on time (for the year preceding the date of the decision to assign (change) a risk category);
a decision that has entered into legal force in a case of administrative offenses provided for in parts 1, 3, 4 and 6 of Article 5.27 and parts 1 - 4 of Article 5.27.1 of the Code of the Russian Federation on Administrative Offenses, issued in the year preceding the date of the decision on assignment (change ) risk categories.

In this case, the decision to reduce the risk category is made in the absence of all specified cases and no more than once a year.

For organizations or individual entrepreneurs with an average number of employees over 1000 people, the decision to reduce the risk category assigned to the activities of the organization or individual entrepreneur to the next risk category, taken at the request of such a legal entity or individual entrepreneur in the cases indicated above, is posted on the official website of the Federal Labor Service and employment on the Internet information and telecommunications network within 5 calendar days from the date of such decision.

Application for change of risk category

An organization or individual entrepreneur has the right to submit an application to its territorial State Labor Inspectorate to change the risk category previously assigned to their activities.

According to the Decree of the Government of the Russian Federation dated August 17, 2016 No. 806 “On the application of a risk-based approach...” the application must contain the following information:

full name of the legal entity, last name, first name and patronymic (if any) of the individual entrepreneur;
main state registration number (OGRN/OGRNIP);
taxpayer identification number (TIN);
location of the production facility used by the organization or individual entrepreneur (when assigning a risk category or hazard class to a production facility);
information about the risk category or hazard class previously assigned to the activities of the organization or individual entrepreneur and (or) the production facilities they use;
address of the organization, residence address of the individual entrepreneur (if necessary, another postal address for communication), telephone number and email address (if available).

Also, the application must be accompanied by documents confirming the compliance of the activities of the organization or individual entrepreneur and (or) the production facilities they use with the criteria for classifying objects of state control (supervision) to a certain risk category or a certain hazard class, which the applicant is applying for.

The State Labor Inspectorate reviews the application, evaluates the documents submitted by the organization or individual entrepreneur and the documents available to the State Labor Inspectorate and, based on the results of their consideration, within a period not exceeding 15 working days from the date of receipt of such an application, makes one of the following decisions:

satisfaction of the application and change of risk category;
refusal to satisfy the application.

In this case, the State Tax Inspectorate, within 3 working days from the date of the decision, informs the organization or individual entrepreneur about the decision made by sending a corresponding notification to the postal address specified in the application, or in the form of an electronic document signed with an enhanced qualified electronic signature of an authorized official of the State Tax Inspectorate, to the address e-mail of an organization or individual entrepreneur, if such an address is contained respectively in the Unified State Register of Legal Entities (USRLE), the Unified State Register of Individual Entrepreneurs (USRIP) or was previously submitted by them to the State Tax Inspectorate.

When making a decision to refuse an application, the organization or individual entrepreneur must be informed of the reasons for the refusal.

In case of disagreement with the decision taken by the State Tax Inspectorate to refuse the application, the organization or individual entrepreneur has the right to appeal such a decision in an administrative and (or) judicial manner.

Since the application form has not yet been established, I dare to offer you a sample application form for changing the previously assigned activity risk category. This is perhaps the only example of a statement on the Internet on this issue, at least I haven’t found one. Alternatively, a sample application for changing the risk category can be requested from the territorial State Labor Inspectorate. In any case, a start has been made; you can download a sample application form for changing the previously assigned risk category just below.

DOWNLOAD DOCUMENTS

Decree of the Government of the Russian Federation dated 02/09/2018 No. 134 “On introducing amendments to the appendix to the Regulations on federal state supervision of compliance with labor legislation and other regulatory legal acts containing labor law norms”

In the new edition:

Decree of the Government of the Russian Federation of September 1, 2012 No. 875 “On approval of the Regulations on federal state supervision of compliance with labor legislation and other regulatory legal acts containing labor law norms”

Decree of the Government of the Russian Federation dated August 17, 2016 No. 806 “On the application of a risk-based approach when organizing certain types of state control (supervision) ...”

Application for changing the previously assigned risk category of the activity of a legal entity, individual entrepreneur

That's all I have.

To be continued...

1. These Rules establish the procedure for classifying the activities of legal entities and individual entrepreneurs and (or) the production facilities used by them (hereinafter referred to as objects of state control (supervision)) to a certain risk category or a certain class (category) of danger, designated as hazard classes or hazard categories ( below - hazard classes).

2. For a separate type of state control (supervision), risk categories or hazard classes are applied.

3. The list of risk categories or hazard classes used in the implementation of a particular type of state control (supervision) includes from 3 to 6 risk categories or from 3 to 6 hazard classes from among the risk categories and hazard classes according to the appendix and is established for types of federal state control (supervision) - by regulation on the type of federal state control (supervision) or regulation on licensing of a specific type of activity, for types of regional state control (supervision) - by a regulatory legal act of the Government of the Russian Federation, and in its absence - by a regulatory legal act of the highest executive body of the state authorities of the constituent entity of the Russian Federation.

4. The criteria for classifying objects of state control (supervision) to a certain risk category or a certain hazard class, if such criteria are not established by federal law, are established taking into account these Rules for the type of federal state control (supervision) - the regulations on the type of federal state control (supervision) or a provision on licensing a specific type of activity, for types of regional state control (supervision) - a regulatory legal act of the Government of the Russian Federation, and in its absence - a regulatory legal act of the highest executive body of state power of a constituent entity of the Russian Federation.

(see text in the previous edition)

5. The list of risk categories or hazard classes and the criteria for classifying objects of state control (supervision) as them are based on the need to minimize harm to legally protected values with the optimal use of material, financial and human resources of the state control (supervision) body, allowing compliance with the established frequency of scheduled inspections legal entities and individual entrepreneurs.

6. The criteria for classifying objects of state control (supervision) as risk categories must take into account the severity of the potential negative consequences of possible non-compliance by legal entities and individual entrepreneurs with the requirements established by federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts adopted in accordance with them subjects of the Russian Federation (hereinafter referred to as mandatory requirements), and the likelihood of non-compliance by legal entities and individual entrepreneurs with mandatory requirements.

7. The criteria for classifying objects of state control (supervision) into hazard classes must take into account the severity of the potential negative consequences of possible non-compliance by legal entities and individual entrepreneurs with mandatory requirements.

8. An assessment of the severity of potential negative consequences of possible non-compliance by legal entities and individual entrepreneurs with mandatory requirements is carried out taking into account the possible severity of potential cases of harm and (or) the possible frequency of occurrence and scale of distribution of potential negative consequences within such cases of harm and (or) with taking into account the difficulty of overcoming the resulting negative consequences of possible non-compliance with mandatory requirements.

9. When assessing the likelihood of non-compliance by legal entities and individual entrepreneurs with mandatory requirements, the information available to the bodies authorized to exercise state control (supervision) (hereinafter referred to as the state control (supervision) bodies) is analyzed on the results of previously conducted inspections of a legal entity or individual entrepreneur and appointed administrative penalties for violation of mandatory requirements.

10. If there are criteria that allow the object of state control (supervision) to be classified into various risk categories or hazard classes, criteria that classify the object of state control (supervision) to higher risk categories or hazard classes are subject to application.

11. Objects of state control (supervision) that are not assigned certain risk categories or hazard classes are considered to be classified as the lowest risk category or hazard class established for the corresponding type of state control (supervision).

12. When classifying objects of state control (supervision) as extremely high, high, significant risk or hazard classes 1, 2, 3, the state control (supervision) body posts relevant information about these objects on its official website.

The placement of information is carried out taking into account the requirements of the legislation of the Russian Federation on the protection of state secrets.

13. At the request of a legal entity or individual entrepreneur, the state control (supervision) body, within a period not exceeding 15 working days from the date of receipt of such a request, sends them information about the risk category or hazard class assigned to their activities and (or) production facilities used by them, as well as information used in classifying their activities and (or) production facilities used by them to certain risk categories or a certain hazard class.

14. Inclusion in the annual plan for conducting scheduled inspections of legal entities and individual entrepreneurs of inspections in relation to an object of state control (supervision) classified as extremely high, high, significant risk or hazard classes 1, 2, 3 is carried out upon expiration of the year of the planned verification of the time period established for a type of federal state control (supervision) by the regulation on the type of federal state control (supervision) or the regulation on licensing of a specific type of activity, and for the type of regional state control (supervision) - by the appendix to these Rules from the date:

a) completion of the last scheduled inspection of the object of state control (supervision);

b) state registration of a legal entity or individual entrepreneur, the start of entrepreneurial activity by a legal entity, individual entrepreneur in accordance with the notification submitted to the state control (supervision) body authorized in the relevant field of activity on the commencement of certain types of entrepreneurial activity in the case of performing work or providing services , requiring the submission of the specified notification if scheduled inspections have not previously been carried out, or another action or event provided for by the legislation of the Russian Federation.

(see text in the previous edition)

15. Scheduled inspections, the frequency of which is determined by the Government of the Russian Federation in accordance with Part 9 of Article 9 of the Federal Law "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State Control (Supervision) and Municipal Control", are carried out at the established frequency, regardless of the classification of objects state control (supervision) to a certain risk category or a certain hazard class.

16. The regulation on the type of federal state control (supervision) or the regulation on licensing a specific type of activity, and for types of regional state control (supervision) - a regulatory legal act of the Government of the Russian Federation establishes the specifics of the implementation of control measures in relation to objects of state control (supervision), assigned to a certain risk category or a certain hazard class in terms of reducing the period of inspections and not carrying out scheduled on-site inspections.

(see text in the previous edition)

17. A legal entity or individual entrepreneur who is an applicant has the right to submit to the state control (supervision) body an application to change the risk category or hazard class previously assigned to their activities and (or) production facilities used by them for the corresponding type of state control (supervision) (hereinafter referred to as - statement).

18. The application contains the following information:

a) full name of the legal entity, last name, first name and patronymic (if any) of the individual entrepreneur;

b) main state registration number;

c) taxpayer identification number;

d) location of the production facility used by a legal entity or individual entrepreneur (when assigning a risk category or hazard class to a production facility);

e) information about the risk category or hazard class previously assigned to the activities of a legal entity or individual entrepreneur and (or) the production facilities used by them;

f) address of a legal entity, residence address of an individual entrepreneur (if necessary, another postal address for communication), telephone number and email address (if available).

19. Attached to the application are documents confirming the compliance of the activities of a legal entity or individual entrepreneur and (or) the production facilities used by them with the criteria for classifying objects of state control (supervision) to a certain risk category or a certain hazard class, the assignment of which the applicant is applying for. of these Rules, informs the legal entity and individual entrepreneur about the decision made by sending the appropriate notification to the postal address specified in the application, or in the form of an electronic document signed with an enhanced qualified electronic signature of an authorized official of the state control (supervision) body, to the email address of the legal entity persons or individual entrepreneurs, if such address is contained respectively in the Unified State Register of Legal Entities, the Unified State Register of Individual Entrepreneurs, or was previously submitted by them to the state control (supervision) body.

When making a decision to refuse an application, a legal entity or individual entrepreneur must be informed of the reasons for the refusal.

22. In case of disagreement with the decision taken by the state control (supervision) body to refuse to satisfy the application, a legal entity or individual entrepreneur has the right to appeal such a decision in an administrative and (or) judicial manner.

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On approval of criteria for classifying the activities of legal entities, individual entrepreneurs and (or) production facilities used by them to a certain risk category or a certain class (category) of danger when carrying out...

GOVERNMENT OF TYUMEN REGION

RESOLUTION

On approval of criteria for classifying the activities of legal entities, individual entrepreneurs and (or) production facilities used by them to a certain risk category or a certain class (category) of danger when carrying out

(as amended by resolutions of the Tyumen Region Government dated June 10, 2019 N 174-p, dated July 1, 2019 N 202-p, dated July 25, 2019 N 252-p)

Guided by Article 8.1 of the Federal Law of December 26, 2008 N 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control", approve:

1. Criteria for classifying objects of regional state veterinary supervision as risk categories in accordance with Appendix No. 1 to this resolution.

2. Criteria for classifying the activities of legal entities managing apartment buildings to a certain risk category when carrying out regional state housing supervision in accordance with Appendix No. 2 to this resolution.

3. Criteria for classifying the activities of legal entities and individual entrepreneurs in managing apartment buildings to a certain risk category when exercising licensing control over business activities in managing apartment buildings in accordance with Appendix No. 3 to this resolution.

4. Lost power. - Decree of the Government of the Tyumen Region dated 07/01/2019 N 202-p.

5. Criteria for classifying individual entrepreneurs into a certain risk category when implementing regional state supervision in the field of protecting the population and territories from natural and man-made emergencies in accordance with Appendix No. 5 to this resolution.

6. Criteria for classifying the activities of legal entities and regional state control (supervision) carried out by the Department of Tariff and Price Policy of the Tyumen Region, in accordance with Appendix No. 6 to this resolution.

7. Criteria for classifying the activities of legal entities and individual entrepreneurs carrying out regulated activities as risk categories in the implementation of regional state control (supervision) in the field of state-regulated prices (tariffs), carried out by the Regional Energy Commission of the Tyumen Region, Khanty-Mansi Autonomous Okrug - Yugra, Yamalo-Nenets Autonomous Okrug, according to Appendix No. 7 to this resolution.

(as amended by Decree of the Government of the Tyumen Region dated July 25, 2019 N 252-p)

8. Criteria for classifying the activities of legal entities and individual entrepreneurs carrying out economic activities into risk categories when exercising regional state supervision over ensuring the safety of highways of regional and intermunicipal importance in the Tyumen region in accordance with Appendix No. 8 to this resolution.

9. The criterion for classifying the activities of legal entities and individual entrepreneurs carrying out regulated types of activities into the risk category when exercising state control over compliance with the maximum fees for technical inspection of vehicles, in accordance with Appendix No. 9 to this resolution.

10. Criteria for classifying production facilities used by legal entities and individual entrepreneurs that have a negative impact on the environment into a certain risk category when implementing regional state environmental supervision (in terms of regional state supervision of geological exploration, rational use and protection of subsoil in relation to subsoil areas of local importance; in terms of regional state supervision in the field of use and protection of water bodies; in terms of regional state supervision in the field of waste management in accordance with the Appendix), in accordance with Appendix No. 10 to this resolution.

11. Criteria for classifying objects of regional state control (supervision) in the field of retail sale of alcohol and alcohol-containing products as risk categories in accordance with Appendix No. 11 to this resolution.

12. This resolution is valid until the adoption of a federal law or a regulatory legal act of the Government of the Russian Federation establishing criteria for classifying the activities of legal entities, individual entrepreneurs and (or) production facilities used by them to a certain risk category or a certain class (category) according to the relevant types of regional state control (supervision) provided for by this resolution.

Acting Governor of the region
A.V.MOOR

Appendix No. 1. Criteria for classifying objects of regional state veterinary supervision as risk categories

Appendix No. 1
to the Government resolution
Tyumen region
dated August 31, 2018 N 334-p

I. General provisions

1. When carrying out regional state veterinary supervision, the assignment of objects of regional state veterinary supervision to a certain risk category is carried out in accordance with the criteria of the severity of the potential negative consequences of possible non-compliance with mandatory requirements (Section II of these Criteria) and taking into account the criteria for the likelihood of non-compliance with mandatory requirements (Section III of these Criteria ).

II. Criteria for the severity of potential negative consequences of possible non-compliance with mandatory requirements

2. When classifying objects of regional state veterinary supervision (except for objects of regional state veterinary supervision specified in Table 3 of these Criteria) as risk categories, the types of activities carried out are used in accordance with Table No. 1 and risk criteria in accordance with Table No. 2.

Table No. 1


Types of activities carried out
Keeping (including temporary) animals (except for insectarium non-poisonous insects, aquarium fish and aquatic invertebrates, terrarium non-poisonous amphibians, reptiles), breeding animals (except for non-poisonous insects, aquarium fish and aquatic invertebrates, amphibians, reptiles, invertebrates), raising animals ( except insectarium insects, aquarium fish, terrarium non-venomous amphibians, reptiles), sale of animals, slaughter of animals, transportation of animals, translocation of animals; collection, storage, transportation (movement), disinfection, disposal and destruction of biological waste and animal waste; animal treatment; fishing (extraction) of regulated goods. Procurement, storage, transportation and sale of non-disinfected technical raw materials of animal origin.
production, processing of goods included in the Unified List of Goods Subject to Veterinary Control (Supervision), approved by Decision of the Customs Union Commission dated June 18, 2010 N 317 “On the Application of Veterinary and Sanitary Measures in the Customs Union” (hereinafter referred to as regulated goods), except for: Controlled goods, if the facility where they are processed does not produce products of animal origin that have not undergone heat treatment.
Collection, storage, transportation (movement), disinfection, disposal and destruction of regulated goods recognized as low-quality and dangerous.
Storage and sale of controlled goods, except for storage and sale exclusively: Honey and bee products, Controlled goods obtained exclusively from processed raw materials of animal origin
Transportation (movement) of regulated goods, except for transportation (movement) of animal products that have undergone heat treatment. Disinfection, recycling and destruction of regulated goods, except for regulated goods recognized as low-quality and dangerous
Production of feed and feed additives.
production, processing, storage and sale: Honey and bee products, Controlled goods that have undergone heat treatment.
Transportation (movement) of animal products that have undergone heat treatment.

When carrying out two or more types of activities according to the criterion “type of activity being carried out”, the highest score of the types of activity being carried out is taken into account.

Table No. 2. Risk criteria

Table No. 2


Animal health status (applies to individuals and legal entities engaged only in keeping and breeding pigs, slaughtering pigs, processing and storing pig products)
Compartment level	Number of animals (highest value for the previous calendar year)	Volume of pig production (for the previous calendar year, tons)	Volume of storage (transportation, turnover, sales) of pig products (for the previous calendar year, tons)
I compartment
II compartment	Regardless of the number of animal heads	Regardless of production volume	Regardless of storage volume (transportation, turnover, sales)
III compartment	27001 and more	5501 and more	5501 and more

IV compartment	Regardless of the number of animal heads	Regardless of production volume	Regardless of storage volume (transportation, turnover, sales)


The period of time from the last case of occurrence (registration) of contagious, including especially dangerous, animal diseases, for which restrictive measures (quarantine) may be established, on the territory of the production facility (applies to individuals and legal entities engaged in keeping, breeding and growing animals)
less than 1 year
more than 1 year but less than 2 years
more than 2 years but less than 3 years
more than 3 years but less than 4 years
more than 4 years but less than 5 years
Contagious, including especially dangerous, animal diseases were not recorded

3. The assignment of objects of federal state supervision, regional state veterinary supervision to a certain risk category is calculated by adding up the points established by the risk criteria and then dividing the resulting amount by the number of criteria used for the calculation.

Arithmetic mean of the sum of points,

Kn - points assigned in accordance with the risk criterion in accordance with Table No. 2,

n is the number of criteria for which scores are not equal to 0.

Kv - score assigned in accordance with Table No. 1.

The extremely high risk category includes objects that score from 4.50 to 5.00 points in accordance with the risk categories.

4. The assignment of individual objects of federal state supervision and regional state veterinary supervision to risk categories is carried out in accordance with Table No. 3.

Table No. 3


Objects of regional state veterinary supervision
Objects that are sources of particularly dangerous organisms (research and diagnostic veterinary laboratories, cattle burial grounds, places of endemic circulation).	extremely high risk
Facilities subject to quarantine and (or) restrictive measures for contagious, including especially dangerous, animal diseases
Facilities where quarantine of animals is carried out when imported from foreign countries	high risk

Section III. Criteria for possible non-compliance with mandatory requirements

5. Objects of regional state veterinary supervision, subject to classification in accordance with Section II of these Criteria to the categories of high, medium, moderate and low risks, are subject to classification to the categories of extremely high, high, medium and moderate risks, respectively, if there is a valid within two years preceding the date of the decision to classify the object of regional state veterinary supervision as a risk category, a resolution to bring to administrative responsibility, with the imposition of administrative punishment on a legal entity, its officials or employees, an individual entrepreneur, his employees, for committing administrative offenses, related to:

Violation of animal quarantine rules or other veterinary and sanitary rules, administrative liability for which is provided for in Part 1 of Article 10.6 of the Code of Administrative Offenses of the Russian Federation;

Violation of the rules for combating quarantine and especially dangerous animal diseases, administrative liability for which is provided for in Part 2 of Article 10.6 of the Code of Administrative Offenses of the Russian Federation;

Concealment from state veterinary supervision authorities of information about a sudden death or simultaneous mass diseases of animals or untimely notification of these bodies about a sudden death or simultaneous mass diseases of animals, as well as untimely adoption or failure to take measures to localize these deaths and diseases, for which administrative liability is provided Part 1 of Article 10.7 of the Code of the Russian Federation on Administrative Offenses;

Concealment from state veterinary supervision authorities of information about a sudden death or simultaneous mass diseases of animals or untimely notification of these bodies about a sudden death or simultaneous mass diseases of animals, as well as untimely adoption or failure to take measures to localize these deaths and diseases, committed during the period of implementation of the the relevant territory of restrictive measures (quarantine), administrative liability for which is provided for in Part 2 of Article 10.7 of the Code of the Russian Federation on Administrative Offences;

Violation at least twice of the veterinary and sanitary rules for the transportation, transportation or slaughter of animals or the rules for the procurement, processing, storage or sale of animal products, administrative liability for which is provided for in Part 1 of Article 10.8 of the Code of Administrative Offenses of the Russian Federation;

Transportation of farm animals and (or) livestock products without veterinary accompanying documents, with the exception of transportation of farm animals and (or) livestock products for personal use, administrative liability for which is provided for in Part 2 of Article 10.8 of the Code of Administrative Offenses of the Russian Federation;

Violation of veterinary and sanitary rules for the collection, disposal and destruction of biological waste, administrative liability for which is provided for in Part 3 of Article 10.8 of the Code of Administrative Offenses of the Russian Federation;

Violation at least twice by the manufacturer, performer (a person performing the functions of a foreign manufacturer), seller of the requirements of technical regulations or mandatory requirements for products or for products and design processes related to the requirements for products (including research) subject to application before the date of entry into force of the relevant technical regulations ), production, construction, installation, commissioning, operation, storage, transportation, sale and disposal or release into circulation of products that do not meet such requirements, liability for which is provided for in Part 1 of Article 14.43 of the Code of Administrative Offenses of the Russian Federation;

Violation by the manufacturer, performer (a person performing the functions of a foreign manufacturer), seller of the requirements of technical regulations or mandatory requirements for products or for products and related to the requirements for products processes of design (including research), production, subject to application before the date of entry into force of the relevant technical regulations construction, installation, commissioning, operation, storage, transportation, sale and disposal or release into circulation of products that do not meet such requirements, resulting in harm to the life or health of citizens, property of individuals or legal entities, state or municipal property, the environment, life or the health of animals and plants or creating a threat of harm to the life or health of citizens, the environment, the life or health of animals and plants, liability for which is provided for in Part 2 of Article 14.43 of the Code of Administrative Offenses of the Russian Federation;

Repeated violation by the manufacturer, performer (a person performing the functions of a foreign manufacturer), seller of the requirements of technical regulations or mandatory requirements for products or for products and related design (including research) and production processes that are subject to application before the date of entry into force of the relevant technical regulations , construction, installation, commissioning, operation, storage, transportation, sale and disposal or release into circulation of products that do not meet such requirements, resulting in harm to the life or health of citizens, property of individuals or legal entities, state or municipal property, the environment, life or the health of animals and plants or creating a threat of harm to the life or health of citizens, the environment, the life or health of animals and plants, liability for which is provided for in Part 3 of Article 14.43 of the Code of the Russian Federation on Administrative Offences;

Failure to comply within the prescribed period with the legal requirements of persons authorized to carry out regional state veterinary supervision to eliminate violations of veterinary and sanitary requirements and rules, veterinary rules, administrative responsibility for which is provided for in Part 8 of Article 19.5 of the Code of Administrative Offenses of the Russian Federation;

Failure to take, by resolution (representation) of the body (official) that examined the case of an administrative offense, measures to eliminate the causes and conditions that contributed to the commission of an administrative offense, administrative liability for which is provided for in Article 19.6 of the Code of the Russian Federation on Administrative Offences.

6. Objects of regional state veterinary supervision, classified as extremely high, high, medium and moderate risks, are subject to classification as high, medium, moderate and low risks, respectively, in the absence within two years preceding the date of the decision to classify the object as regional state veterinary supervision to the risk category, decisions on bringing to administrative responsibility, with the imposition of administrative punishment on a legal entity, its officials or employees, an individual entrepreneur, its employees, for committing an administrative offense specified in paragraph 5 of these Criteria.

Scheduled inspections of objects of regional state veterinary supervision, depending on the assigned risk category, are carried out with the following frequency:

(as amended by Decree of the Government of the Tyumen Region dated June 10, 2019 N 174-p)

In relation to objects of regional state veterinary supervision classified as low risk, routine inspections are not carried out.

Appendix No. 2. Criteria for classifying the activities of legal entities managing apartment buildings to a certain risk category when implementing regional state housing supervision

Appendix No. 2
to the Government resolution
Tyumen region
dated August 31, 2018 N 334-p

(as amended by Decree of the Government of the Tyumen Region dated July 1, 2019 N 202-p)

1. Classification of the activities of legal entities for the management of apartment buildings into risk categories is carried out taking into account the severity of the potential negative consequences of possible non-compliance by legal entities engaged in the management of apartment buildings with the mandatory requirements provided for by the current legislation (hereinafter referred to as the mandatory requirements), and the likelihood of non-compliance by legal entities mandatory requirements depending on the value of the risk indicator K.

Vп - the number of decisions on imposing an administrative penalty on a legal entity (its officials) that came into force in the 2 calendar years preceding the year in which the decision was made to classify the activities of a legal entity as a risk category (hereinafter referred to as the year in which the decision was made). for committing administrative offenses provided for in Article 19.4.1 of the Code of the Russian Federation on Administrative Offenses, issued according to protocols on administrative offenses drawn up by the state housing supervision body (units);

Vn - the number of decisions that entered into legal force in the 2 calendar years preceding the year in which the decision was made imposing an administrative penalty on a legal entity (its officials) for committing administrative offenses, issued according to protocols on administrative offenses drawn up by the state housing supervision body, for with the exception of decisions imposing administrative punishment on a legal entity (its officials) for committing administrative offenses provided for in Article 19.4.1, Part 1 of Article 19.5 of the Code of the Russian Federation on Administrative Offenses (units);

Vpr - the number of decisions that entered into legal force in the 2 calendar years preceding the year in which the decision was made imposing an administrative penalty on a legal entity (its officials) for committing administrative offenses provided for in Part 1 of Article 19.5 of the Code of the Russian Federation on Administrative Offenses issued according to protocols on administrative offenses drawn up by the state housing supervision body (units);

S - the total area of apartment buildings managed by a legal entity on the date of the decision to classify its activities as a risk category (thousand sq. m);

R - the number of full and partial months of activities carried out by a legal entity to manage apartment buildings for 2 calendar years preceding the year in which the decision is made (units).

ConsultantPlus: note.

4. Classification of activities related to the management of apartment buildings carried out by legal entities as a risk category depending on the value of the risk indicator K is carried out according to the following conditions:


	Risk indicator K, units.
High risk
Medium risk	From 1 to 3.5 inclusive
Moderate risk	From 0.3 to 1 inclusive
Low risk	Up to 0.3 inclusive

5. Conducting scheduled inspections of legal entities, depending on the risk category assigned to them for managing multi-apartment buildings, is carried out with the following frequency:

(as amended by Decree of the Government of the Tyumen Region dated July 1, 2019 N 202-p)

No scheduled inspections are carried out for legal entities whose activities are classified as low risk.

Appendix No. 3. Criteria for classifying the activities of legal entities and individual entrepreneurs in managing apartment buildings to a certain risk category when exercising licensing control over business activities in...

Appendix No. 3
to the Government resolution
Tyumen region
dated August 31, 2018 N 334-p

CRITERIA FOR ASSIGNING THE ACTIVITIES OF LEGAL ENTITIES AND INDIVIDUAL ENTREPRENEURS IN THE MANAGEMENT OF MULTIPLE APARTMENT BUILDINGS TO A CERTAIN RISK CATEGORY WHEN EXERCISING LICENSED CONTROL OVER THE BUSINESS ACTIVITIES IN THE MANAGEMENT OF APARTMENT BUILDINGS

(as amended by Decree of the Government of the Tyumen Region dated July 1, 2019 N 202-p)

1. Classification of activities related to the management of apartment buildings carried out by licensees (legal entities, individual entrepreneurs) to risk categories is carried out taking into account the severity of the potential negative consequences of possible non-compliance by licensees with the licensing requirements provided for by current legislation (hereinafter referred to as license requirements), and the likelihood of licensees’ non-compliance with license requirements requirements depending on the value of the risk indicator K.

2. Risk indicator K is determined by the formula:

Vп - the number of decisions that entered into legal force in the 2 calendar years preceding the year in which the decision was made to classify the licensee’s activities as a risk category (hereinafter referred to as the year in which the decision was made), imposing an administrative penalty on the licensee (its officials) for committing administrative offenses provided for in Article 19.4.1 of the Code of the Russian Federation on Administrative Offences, issued according to protocols on administrative offenses drawn up by the state housing supervision body (units);

Vn - the number of decisions that entered into legal force in the 2 calendar years preceding the year in which the decision was made imposing an administrative penalty on the licensee (its officials) for committing administrative offenses, issued according to protocols on administrative offenses drawn up by the state housing supervision body, with the exception of resolutions imposing administrative punishment on the licensee (its officials) for committing administrative offenses provided for in Article 19.4.1, Part 24 of Article 19.5 of the Code of the Russian Federation on Administrative Offenses (units);

Vpr - the number of decisions that entered into legal force in the 2 calendar years preceding the year in which the decision was made imposing an administrative penalty on the licensee (its officials) for committing administrative offenses provided for in Part 24 of Article 19.5 of the Code of the Russian Federation on Administrative Offenses, issued under protocols on administrative offenses drawn up by the state housing supervision body (units);

S - the total area of apartment buildings managed by the licensee on the date of the decision to classify the activity carried out by him as a risk category (thousand sq. m);

R - the number of full and partial months of activity by the licensee in managing apartment buildings for 2 calendar years preceding the year in which the decision is made (units).

ConsultantPlus: note.

Paragraph numbering is given in accordance with the official text of the document.

4. The assignment of activities related to the management of apartment buildings carried out by licensees to the risk category, depending on the value of the risk indicator K, is carried out according to the following conditions:


	Risk indicator K, units.
High risk
Medium risk	From 0.3 to 0.6 inclusive
Moderate risk	From 0.04 to 0.3 inclusive
Low risk	Up to 0.04 inclusive

5. Conducting scheduled inspections of licensees, depending on the risk category assigned to them for managing multi-apartment buildings, is carried out with the following frequency:

(as amended by Decree of the Government of the Tyumen Region dated July 1, 2019 N 202-p)

No scheduled inspections are carried out for a licensee whose activities are classified as low risk.

Appendix No. 4. Criteria for classifying the activities of legal entities as risk categories when exercising state control (supervision) in the field of shared-equity construction of apartment buildings and (or) other real estate objects. - No longer valid

Appendix No. 4
to the Government resolution
Tyumen region
dated August 31, 2018 N 334-p

Lost power. - Decree of the Government of the Tyumen Region dated 07/01/2019 N 202-p.

Appendix No. 5. Criteria for classifying the activities of legal entities and individual entrepreneurs into a certain risk category when implementing regional state supervision in the field of protecting the population and territories from emergency situations.

Appendix No. 5
to the Government resolution
Tyumen region
dated August 31, 2018 N 334-p

CRITERIA FOR ASSIGNING THE ACTIVITIES OF LEGAL ENTITIES AND INDIVIDUAL ENTREPRENEURS TO A CERTAIN RISK CATEGORY IN THE IMPLEMENTATION OF REGIONAL STATE SUPERVISION IN THE FIELD OF PROTECTING THE POPULATION AND TERRITORIES FROM NATURAL AND MAN-MADE EMERGENCIES ARACTERA

(as amended by Decree of the Government of the Tyumen Region dated July 1, 2019 N 202-p)

1. Taking into account the assessment of the likelihood of non-compliance by legal entities and individual entrepreneurs with mandatory requirements and the severity of the potential negative consequences of possible non-compliance by legal entities and individual entrepreneurs with mandatory requirements, the activities of legal entities and individual entrepreneurs in the implementation of regional state supervision in the field of protection of the population and territories from natural emergencies and technogenic nature are subject to classification into the following risk categories:

Activities of legal entities and individual entrepreneurs operating hazardous production facilities of 3 and (or) 4 hazard classes, as well as hydraulic structures of 3 and (or) 4 hazard classes;

Activities of organizations - legal entities and individual entrepreneurs operating in the field of recreation and health improvement for children;

Activities of legal entities and individual entrepreneurs that are part of the regional territorial subsystem of the unified state system for the prevention and liquidation of emergency situations, with the exception of legal entities and individual entrepreneurs in respect of whom federal state supervision is exercised;

2. The activities of legal entities and individual entrepreneurs subject to classification as a significant risk shall be classified accordingly to the category of medium risk in the absence of a court ruling that has entered into legal force imposing an administrative penalty on a legal entity and (or) its officials, an individual entrepreneur for committing an administrative an offense under Article 20.6 of the Code of the Russian Federation on Administrative Offenses and identified during the last scheduled inspection.

3. The activities of legal entities and individual entrepreneurs subject to classification as medium risk shall be classified accordingly as significant risk if there is a court ruling that has entered into legal force imposing an administrative penalty on a legal entity and (or) its officials, an individual entrepreneur for committing an administrative the offense provided for in Article 9.19, Part 1 of Article 19.4, Part 1 of Articles 19.5, 19.6, 19.7, 20.5 and 20.6 of the Code of the Russian Federation on Administrative Offenses and identified during the last inspection.

4. Scheduled inspections of legal entities and individual entrepreneurs, depending on the assigned risk category of the activities of legal entities and individual entrepreneurs, are carried out with the following frequency:

(as amended by Decree of the Government of the Tyumen Region dated July 1, 2019 N 202-p)

In relation to legal entities and individual entrepreneurs whose activities are classified as low risk, scheduled inspections are not carried out.

Appendix No. 6. Criteria for classifying the activities of legal entities and individual entrepreneurs carrying out regulated activities as risk categories when exercising regional state control (supervision) in the field...

Appendix No. 6
to the Government resolution
Tyumen region
dated August 31, 2018 N 334-p

CRITERIA FOR ASSIGNING THE ACTIVITIES OF LEGAL ENTITIES AND INDIVIDUAL ENTREPRENEURS ENGAGED IN REGULATED ACTIVITIES AS CATEGORIES OF RISK IN THE IMPLEMENTATION OF REGIONAL STATE CONTROL (SUPERVISION) IN THE AREA OF REGULATED GOVERNMENTS ARMY OF PRICES (TARIFFS), IMPLEMENTED BY THE DEPARTMENT OF TARIFF AND PRICE POLICY OF THE TYUMEN REGION

(as amended by Decree of the Government of the Tyumen Region dated July 25, 2019 N 252-p)

2. The activities of economic entities that are subject to classification in accordance with the appendix to these criteria to the categories of medium and moderate risk are subject to classification to the categories of moderate and low risk, respectively, if the following conditions exist:

absence within 3 years on the date of the decision to assign (change) the risk category a resolution imposing an administrative penalty on a legal entity, its officials, or an individual entrepreneur for committing an administrative offense under Articles 9.16, 14.6, Part 5 of Articles 19.5, 19.7 .1, 19.8.1 (in terms of administrative offenses committed by subjects of natural monopolies, and (or) municipal solid waste management operators, regional municipal solid waste management operators, and (or) heat supply organizations) of the Code of the Russian Federation on Administrative offenses.

(as amended by Decree of the Government of the Tyumen Region dated July 1, 2019 N 202-p)

Application

Application
to the inclusion criteria
activities of legal entities and
individual entrepreneurs,
carrying out regulated activities,
to risk categories when implementing
regional state control (supervision)
in the field of state-regulated prices (tariffs)

(as amended by Decree of the Government of the Tyumen Region dated July 25, 2019 N 252-p)


Activities	<1> <2>	Subjects of natural monopolies<1>and entities carrying out regulated activities<2>	Subjects of natural monopolies<1>and entities carrying out regulated activities<2>
Sales of medicines included in the list of vital and essential medicines;
Sales of products and goods in the Far North and equivalent areas with limited delivery times;
Sales of products (goods) at catering establishments at educational organizations
Regulated activities in the field of heat supply;
Regulated activities in the field of water supply and sanitation using centralized systems, public infrastructure systems;
Cadastral work in relation to land plots intended for personal subsidiary farming, dacha farming, vegetable gardening, horticulture, individual garage or individual housing construction;
Regulated activities in the field of municipal solid waste management
Transportation of passengers by public railway transport in suburban traffic;
Transportation of passengers and luggage by inland water transport in local traffic;
Transportation of passengers and baggage on local airlines:
Transportation of passengers by road along municipal and intermunicipal routes of regular transportation in intercity and suburban traffic;
Movement and storage of detained vehicles in a specialized parking lot;
Transport services provided on access railway tracks by industrial railway transport organizations and other business entities, regardless of their legal form, with the exception of federal railway transport organizations.

________________

<1>Included in the register of natural monopolies subject to state regulation and control in accordance with the Federal Laws “On Natural Monopolies”, “On Heat Supply”, “On Water Supply and Sewerage”.

Appendix No. 7. Criteria for classifying the activities of legal entities and individual entrepreneurs carrying out regulated activities as risk categories when exercising regional state control (supervision) in the field...

Appendix No. 7
to the Government resolution
Tyumen region
dated August 31, 2018 N 334-p

CRITERIA FOR ASSIGNING THE ACTIVITIES OF LEGAL ENTITIES AND INDIVIDUAL ENTREPRENEURS ENGAGED IN REGULATED ACTIVITIES AS CATEGORIES OF RISK IN THE IMPLEMENTATION OF REGIONAL STATE CONTROL (SUPERVISION) IN THE AREA OF REGULATED GOVERNMENTS ARMY OF PRICES (TARIFFS), IMPLEMENTED BY THE REGIONAL ENERGY COMMISSION OF THE TYUMEN REGION, KHMAO - YUGRA, YNAO

(as amended by resolutions of the Government of the Tyumen Region dated July 1, 2019 N 202-p, dated July 25, 2019 N 252-p)

1. Classification of the activities of legal entities and individual entrepreneurs carrying out regulated types of activities (hereinafter referred to as business entities) to a certain risk category when exercising regional state control (supervision) in the field of state-regulated prices (tariffs) is carried out taking into account the severity of the potential negative consequences of possible non-compliance requirements of the legislation of the Russian Federation in the field of state regulation of prices (tariffs), assessment of the likelihood of their non-compliance, as well as the socio-economic significance of the sector (sphere) of the economy in which regulated activities are carried out, in accordance with the appendix to these criteria.

(as amended by Decree of the Government of the Tyumen Region dated July 25, 2019 N 252-p)

2. The activities of entities subject to classification in accordance with the appendix to these criteria to the categories of medium and moderate risk are subject to classification to the categories of moderate and low risk, respectively, if the following conditions exist:

absence within 3 years on the date of the decision to assign (change) the risk category a resolution imposing an administrative penalty on a legal entity, its officials, or an individual entrepreneur for committing an administrative offense under Article 9.15, Part 10 of Article 9.16, Article 14.6, which has entered into legal force, Part 1 of Article 19.4, Article 19.4.1, Part 1 of Article 19.5, Part 5 of Article 19.5, Articles 19.6, 19.7, 19.7.1, 19.8.1, Part 1 of Article 20.25 of the Code of the Russian Federation on Administrative Offences.

3. The frequency of scheduled inspections of legal entities and individual entrepreneurs carrying out regulated activities, depending on the risk category assigned to their activities, unless otherwise established by federal laws, is as follows:

(as amended by Decree of the Government of the Tyumen Region dated July 1, 2019 N 202-p)

In relation to legal entities and individual entrepreneurs carrying out regulated activities classified as low risk, scheduled inspections are not carried out.

Application

(as amended by Decree of the Government of the Tyumen Region dated July 25, 2019 N 252-p)

Activities

Subjects of natural monopolies<1>and entities carrying out regulated activities<2>with revenue for the previous year exceeding 50 million rubles

Subjects of natural monopolies<1>and entities carrying out regulated activities<2>having revenue for the previous year from 10 to 50 million rubles

Subjects of natural monopolies<1>and entities carrying out regulated activities<2>having revenue for the previous year below 10 million rubles

Transmission of electrical energy through electrical networks owned by right of ownership or on another legal basis to territorial network organizations;

sales (sales) of electrical energy;

technological connection to electrical networks;

production of electrical energy (power) in territories not united in price zones of the wholesale market;

production of thermal energy (power) in the mode of combined generation of electrical and thermal energy by thermal energy sources located in the Khanty-Mansiysk Autonomous Okrug - Yugra, Yamalo-Nenets Autonomous Okrug, with an installed generating capacity of electrical energy production of 25 MW or more;

coolant production;

transfer of thermal energy and coolant;

sales of thermal energy and coolant

medium risk

low risk

________________

<1>Included in the register of natural monopolies, subject to government regulation and control in accordance with the Federal Law “On Natural Monopolies”.

<2>Organizations carrying out regulated activities, prices (tariffs) for which are subject to state regulation in accordance with the legislation of the Russian Federation on state regulation of prices (tariffs).

Appendix No. 8. Criteria for classifying the activities of legal entities and individual entrepreneurs engaged in economic activities as risk categories when implementing regional state supervision over ensuring the safety...

Appendix No. 8
to the Government resolution
Tyumen region
dated August 31, 2018 N 334-p

CRITERIA FOR ASSIGNING THE ACTIVITIES OF LEGAL ENTITIES AND INDIVIDUAL ENTREPRENEURS ENGAGED IN ECONOMIC ACTIVITIES AS RISK CATEGORIES IN THE IMPLEMENTATION OF REGIONAL STATE SUPERVISION OF ENSURING THE SAFETY OF HIGHWAYS REG OF IONAL AND INTERMUNICIPAL SIGNIFICANCE OF THE TYUMEN REGION

(as amended by Decree of the Government of the Tyumen Region dated July 1, 2019 N 202-p)

I. General provisions

1. When implementing regional state supervision over ensuring the safety of highways of regional and intermunicipal importance in the Tyumen region (hereinafter referred to as regional supervision), the assignment of subjects of regional supervision to a certain risk category is carried out in accordance with the criteria for classifying the activities of subjects of regional supervision to risk categories (Section II of these Criteria ).

(as amended by Decree of the Government of the Tyumen Region dated July 1, 2019 N 202-p)

II. Criteria for classifying the activities of subjects of regional supervision into risk categories


	Criteria for classifying the activities of supervised subjects as risk categories	Indicators of compliance (non-compliance) with mandatory requirements
	Compliance (non-compliance) when checking by the subject of supervision with mandatory legal requirements in the field of ensuring the safety of highways of regional and intermunicipal importance	Establishing facts of non-compliance by the subject of supervision with mandatory legal requirements in the field of ensuring the safety of highways of regional and intermunicipal importance - a protocol on an administrative offense and an order to eliminate the identified violations were drawn up
		Establishing facts of non-compliance by the subject of supervision with mandatory legal requirements in the field of ensuring the safety of highways of regional and intermunicipal importance - an order was drawn up to eliminate the identified violations
		Establishing facts of compliance by the subject of supervision with mandatory legal requirements in the field of ensuring the safety of highways of regional and intermunicipal importance - no violations
	Conducting inspections of the subject of supervision	Previously, no inspections were carried out in relation to the subject of supervision
		The last inspection of the subject of supervision was carried out more than 3 years ago
		The last inspection of the subject of supervision was carried out - within the last 3 years
	Failure (fulfillment) by the subject of supervision of orders issued as part of previously conducted inspections	The order issued during the inspection by the subject of supervision was not fulfilled
		The order issued during the inspection by the subject of supervision was partially fulfilled or in violation of the deadlines established for its execution
		The order issued during the inspection by the subject of supervision was fulfilled in full and within the time limits established for its execution.
	Receipt of appeals from citizens, organizations, government bodies, local governments, information from law enforcement agencies, from the media, indicating a violation by the subject of supervision of mandatory legal requirements in the field of ensuring the safety of highways of regional and intermunicipal importance	During the year, more than 10 requests were received from citizens, organizations, state authorities, and local governments with information about violations by the subject of supervision of mandatory requirements in the field of ensuring the safety of highways of regional and intermunicipal importance.

The frequency of scheduled inspections of legal entities and individual entrepreneurs engaged in economic activities, depending on the risk category assigned to their activities, unless otherwise established by federal laws, is as follows:

(as amended by Decree of the Government of the Tyumen Region dated July 1, 2019 N 202-p)

In relation to legal entities and individual entrepreneurs carrying out economic activities classified as low risk, scheduled inspections are not carried out.

Appendix No. 9. Criteria for classifying the activities of legal entities and individual entrepreneurs carrying out regulated types of activities as a risk category when exercising state control over compliance with payment limits.

Appendix No. 9
to the Government resolution
Tyumen region
dated August 31, 2018 N 334-p

CRITERION FOR ASSIGNING THE ACTIVITIES OF LEGAL ENTITIES AND INDIVIDUAL ENTREPRENEURS ENGAGED IN REGULATED ACTIVITIES AS A RISK CATEGORY WHEN EXERCISING STATE CONTROL OVER COMPLIANCE WITH THE LIMITS OF FEE FOR TECHNICAL OS MOTRA VEHICLES

The activities of legal entities and individual entrepreneurs who are operators of technical inspection of vehicles fall into the low-risk category.

Scheduled inspections are not carried out in relation to legal entities and individual entrepreneurs who are technical inspection operators.

Appendix No. 10. Criteria for classifying production facilities used by legal entities and individual entrepreneurs that have a negative impact on the environment into a certain risk category when implementing a regional one.

Appendix No. 10
to the Government resolution
Tyumen region
dated August 31, 2018 N 334-p

CRITERIA FOR ASSIGNING PRODUCTION FACILITIES USED BY LEGAL ENTITIES AND INDIVIDUAL ENTREPRENEURS THAT HAVE A NEGATIVE IMPACT ON THE ENVIRONMENT TO A CERTAIN RISK CATEGORY IN THE IMPLEMENTATION OF REGIONAL STATES NATIONAL ENVIRONMENTAL SUPERVISION (IN PART OF REGIONAL STATE SUPERVISION OF GEOLOGICAL STUDY, RATIONAL USE AND PROTECTION OF SUBSOIL SUBSOIL IN RELATION TO SUBSOIL AREAS OF LOCAL IMPORTANCE ; IN PART OF REGIONAL STATE SUPERVISION IN THE FIELD OF USE AND PROTECTION OF WATER BODIES; IN PART OF REGIONAL STATE SUPERVISION IN THE FIELD OF WASTE MANAGEMENT)

(as amended by Decree of the Government of the Tyumen Region dated July 1, 2019 N 202-p)

1. Production facilities used by legal entities and individual entrepreneurs that have a negative impact on the environment belong to a certain risk category for regional state environmental supervision in accordance with the following criteria:

Discharge of wastewater into water bodies (with a volume of less than 20 thousand cubic meters of discharged wastewater per day);

Use of subsoil for the purposes of geological study, search, assessment, exploration and production of common minerals in subsoil areas of local importance (including water bodies), groundwater that is used for drinking and domestic water supply or technological supply of water to industrial facilities or agricultural objects and the production volume of which is no more than 500 cubic meters per day, as well as for the purposes of domestic water supply to horticultural non-profit partnerships and (or) vegetable gardening non-profit partnerships;

(as amended by Decree of the Government of the Tyumen Region dated July 1, 2019 N 202-p)

For the withdrawal of water resources from water bodies;

On the use of the water area of water bodies necessary for the operation of ship repair and shipbuilding facilities and occupied by hydraulic structures;

On the use of water areas for medicinal and recreational purposes;

On the use of water areas for recreational purposes;

To carry out dredging, blasting, drilling and other work related to changing the bottom and banks of surface water bodies;

As a result, production and consumption waste of 1 - 3 hazard classes is generated;

Use of subsoil for the purpose of geological study, search, assessment and exploration in subsoil areas of local importance;

The use of facilities and systems for the disposal and treatment of wastewater, with the exception of discharges of pollutants resulting from the use of water for domestic needs, as well as the absence of discharges of pollutants into the environment.

2. Objects of regional state environmental supervision that are subject to classification as moderate and low risk are subject to classification, respectively, as categories of medium and moderate risk if the object of regional state environmental supervision is located:

a) within the boundaries of a specially protected natural area of regional significance;

b) in water protection zones of water bodies or parts thereof.

3. Objects of regional state environmental supervision, subject to classification in accordance with paragraphs 1 and 2 of this document to the categories of significant, medium, moderate risk, are subject to classification, respectively, to the categories of high, significant, medium risk if they have entered into legal force within 3 years, preceding the date of the decision to classify the object of regional state environmental supervision as a risk category:

a) a resolution imposing an administrative penalty, with the exception of an administrative penalty in the form of a warning, to a legal entity, its officials or an individual entrepreneur for committing an administrative offense, liability for which is provided for in the relevant articles of the Code of the Russian Federation on Administrative Offenses and the Code of the Tyumen Region on Administrative Liability, on which officials of the Department of Subsoil Use and Ecology of the Tyumen Region have the right to draw up protocols in accordance with the order of the Department dated 01.07.2015 N 3-RD, committed when carrying out activities using the object of regional state environmental supervision;

b) a conviction providing for the recognition of an official of a legal entity or an individual entrepreneur carrying out economic and (or) other activities using an object of regional state environmental supervision as guilty of committing a crime under Articles 246, 247, 250 - 255 and 257 of the Criminal Code of the Russian Federation Federations;

c) a decision to suspend or restrict the right to use subsoil, made by the Subsoil Manager in the event of a violation by the subsoil user of the essential conditions of the license or established rules for the use of subsoil when carrying out activities using an object of regional state environmental supervision;

d) resolutions imposing an administrative penalty on a legal entity, its officials or an individual entrepreneur when carrying out activities using an object of regional state environmental supervision for committing an administrative offense provided for by the laws of the constituent entities of the Russian Federation, which entailed the emergence of a threat of harm to the environment or the infliction of such harm;

e) decisions on termination or cancellation of permits, the issuance of which by authorized executive authorities of the constituent entities of the Russian Federation is provided for by the regulatory legal acts of the constituent entities of the Russian Federation, when carrying out activities using the object of regional state environmental supervision.

4. Objects of regional state environmental supervision, subject to classification in accordance with subparagraphs “a” and “d” of paragraph 3 of this document to the categories of high, significant, medium risk, are subject to classification, respectively, to the categories of significant, medium, moderate risk after elimination within the prescribed period identified violation of mandatory requirements, confirmed by the results of the audit.

5. Objects of regional state environmental supervision, subject to classification in accordance with paragraphs 1 and 2 of this document to the categories of significant, medium risk, are subject to classification, respectively, to the categories of medium, moderate risk in the absence of within 3 years preceding the date of the decision to classify the object as a regional state environmental supervision to the risk category, decisions that have entered into legal force, provided for in paragraph 3 of this document.

6. Establish that when carrying out regional state environmental supervision, scheduled inspections of legal entities and individual entrepreneurs using production facilities that have a negative impact on the environment and classified as a certain risk category in accordance with the criteria for classifying production facilities used by legal entities and individual entrepreneurs, having a negative impact on the environment, to a certain risk category for regional state environmental supervision:

(as amended by Decree of the Government of the Tyumen Region dated July 1, 2019 N 202-p)

Appendix No. 11. Criteria for classifying objects of regional state control (supervision) in the field of retail sale of alcohol and alcohol-containing products as risk categories

Appendix No. 11
to the Government resolution
Tyumen region
dated August 31, 2018 N 334-p

(as amended by Decree of the Government of the Tyumen Region dated July 1, 2019 N 202-p)

1. The criteria for classifying the activities of objects of regional state control (supervision) in the field of retail sale of alcohol and alcohol-containing products to separate risk categories are developed taking into account the severity of the potential negative consequences of possible non-compliance by objects of control with the requirements provided for by federal laws and other regulatory legal acts adopted in accordance with them Russian Federation and the likelihood of non-compliance by control objects with mandatory requirements.

These criteria apply exclusively to organizations licensed to carry out retail sales of alcoholic beverages when providing public catering services.

2. The activities of objects of regional state control (supervision) belong to the following risk categories, depending on the indicator of non-compliance by objects of control with the requirements provided for by federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them:

2.1. An organization is considered to be at high risk if it has been repeatedly (more than once) within three years brought to administrative liability for violating the requirements of the current legislation of the Russian Federation when selling alcoholic products, and the license for the retail sale of alcoholic products when providing public catering services was canceled by decision court or out of court by decision of the Federal Service for Regulation of the Alcohol Market.

2.2. An organization is considered to be at medium risk if it has been brought to administrative liability once within three years for violating the requirements of the current legislation of the Russian Federation when selling alcoholic beverages, and the license for the retail sale of alcoholic beverages in the provision of public catering services was canceled by a court decision or out of court. by decision of the Federal Service for Regulation of the Alcohol Market.

2.3. An organization is classified as a moderate risk if it has not been held administratively liable for three years for violating the requirements of the current legislation of the Russian Federation when selling alcoholic products.

3. The frequency of scheduled inspections of control objects, depending on the risk category assigned to their activities, unless otherwise established by federal laws, is as follows:


		Features of implementation of control measures
High risk		Scheduled inspection is carried out once every 2 years
Medium risk		A scheduled inspection is carried out no more than once every 4 years and at least once every 5 years
Moderate risk		A scheduled inspection is carried out no more than once every 6 years and at least once every 8 years
Low risk		Scheduled inspections are not carried out

The risk category (except for high risk) is assigned by the chief state labor inspectors in the constituent entities of the Russian Federation, as well as their deputies (paragraph “b”, paragraph 18 of Regulation No. 875). Only the chief state labor inspector of the Russian Federation or his deputy has the right to classify an object as a high-risk category (subclause “a”, paragraph 18 of Regulation No. 875). In the absence of a decision to classify the activity of an organization or individual entrepreneur into a certain risk category, it is considered to be classified as low risk (paragraph three of clause 19 of Regulation No. 875).

The risk category is not assigned to the activities of a legal entity or individual entrepreneur forever. Considering that data for the previous year is used to determine this category (paragraph 5, paragraph 8, paragraphs 4 and 5, paragraph 9 of the Criteria), the indicator of the potential risk of harm (and, therefore, the risk category) must be determined annually. It is prohibited to reduce the risk category more than once a year (paragraph 2, paragraph 13 of the Criteria).

Information about employers with high and significant risk activities must be posted and kept up to date on the official website of Rostrud (clause 21 of Regulation No. 875).

Employers can ask the federal labor inspectorate what risk category is assigned to their activities. The response to such a request is given within no more than 15 calendar days; in addition, Rostrud informs about the information that was used in the calculations (clause 13 of Rules No. 806, clause 23 of Regulations No. 875).

Organizations and entrepreneurs can also submit an application to the Federal Labor Inspectorate to change the risk category previously assigned to their activities (Part 6, Article 8.1 of Law No. 294-FZ, Clause 17 of Rules No. 806, Clause 24 of Regulation No. 875, letter from Rostrud dated 12.04 .2017 N ТЗ/1330-11-2).

The application must include the following information (clause 18 of Rules No. 806):

Full name of the legal entity, full name of the individual entrepreneur;

OGRN and TIN;

The applicant's addresses, including email, and contact telephone numbers.

The application should justify why the risk category assigned by the labor inspector should be adjusted (for example, a court decision to cancel the decision imposing an administrative penalty has entered into force). Documents confirming the specified information should be attached to the application (clause 19 of Rules No. 806).

Over the previous 3 years there has not been a single case of fatal injury,

Over the previous year, there was not a single case of serious injury,

Over the previous year, there was not a single case of non-payment of wages on time,

Over the previous year, there was not a single resolution that entered into legal force in the case of administrative offenses provided for in parts 1, , and 6 of Article 5.27 and parts 1 - 4 of Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation (clause 13 of the Criteria). Apparently, administrative penalties under Part. 2, , 7 tbsp. 5.27 and part 5 of Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation do not prevent the reduction of the risk category (see letter of Rostrud dated March 1, 2018 N 66-11-1).

If it is necessary to lower the risk category, then you should contact the official who made the decision to assign the “current” risk category (paragraph 2, paragraph 19 of Regulation No. 875). If the opposite movement according to risk categories is required, then it is advisable to contact the labor inspector (his deputy) who is authorized to assign the appropriate risk category (paragraph 1, paragraph 19 of Regulation No. 875).

Rostrud is obliged to consider the application received by it and, within three weeks (that is, no more than 15 working days), make a decision on the application: to change the risk category or to refuse to satisfy the application (clause 20 of Rules No. 806). Then, within another 3 working days, the applicant is notified of the decision made - at the addresses that were indicated in the application (

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Decree of the Government of the Russian Federation dated 02/09/2018 No. 134 “On introducing amendments to the appendix to the Regulations on federal state supervision of compliance with labor legislation and other regulatory legal acts containing labor law norms”

In the new edition:

Decree of the Government of the Russian Federation of September 1, 2012 No. 875 “On approval of the Regulations on federal state supervision of compliance with labor legislation and other regulatory legal acts containing labor law norms”

Decree of the Government of the Russian Federation dated August 17, 2016 No. 806 “On the application of a risk-based approach when organizing certain types of state control (supervision) ...”

Application for changing the previously assigned risk category of the activity of a legal entity, individual entrepreneur

On approval of criteria for classifying the activities of legal entities, individual entrepreneurs and (or) production facilities used by them to a certain risk category or a certain class (category) of danger when carrying out...

Appendix No. 1. Criteria for classifying objects of regional state veterinary supervision as risk categories

I. General provisions

II. Criteria for the severity of potential negative consequences of possible non-compliance with mandatory requirements

Table No. 1

Table No. 2. Risk criteria

Table No. 3

Section III. Criteria for possible non-compliance with mandatory requirements

Appendix No. 2. Criteria for classifying the activities of legal entities managing apartment buildings to a certain risk category when implementing regional state housing supervision

Appendix No. 3. Criteria for classifying the activities of legal entities and individual entrepreneurs in managing apartment buildings to a certain risk category when exercising licensing control over business activities in...

Appendix No. 4. Criteria for classifying the activities of legal entities as risk categories when exercising state control (supervision) in the field of shared-equity construction of apartment buildings and (or) other real estate objects. - No longer valid

Appendix No. 5. Criteria for classifying the activities of legal entities and individual entrepreneurs into a certain risk category when implementing regional state supervision in the field of protecting the population and territories from emergency situations.

Appendix No. 6. Criteria for classifying the activities of legal entities and individual entrepreneurs carrying out regulated activities as risk categories when exercising regional state control (supervision) in the field...

Application

Appendix No. 7. Criteria for classifying the activities of legal entities and individual entrepreneurs carrying out regulated activities as risk categories when exercising regional state control (supervision) in the field...

Application

Appendix No. 8. Criteria for classifying the activities of legal entities and individual entrepreneurs engaged in economic activities as risk categories when implementing regional state supervision over ensuring the safety...

I. General provisions

II. Criteria for classifying the activities of subjects of regional supervision into risk categories

Appendix No. 9. Criteria for classifying the activities of legal entities and individual entrepreneurs carrying out regulated types of activities as a risk category when exercising state control over compliance with payment limits.

Appendix No. 10. Criteria for classifying production facilities used by legal entities and individual entrepreneurs that have a negative impact on the environment into a certain risk category when implementing a regional one.

Appendix No. 11. Criteria for classifying objects of regional state control (supervision) in the field of retail sale of alcohol and alcohol-containing products as risk categories