Maintaining a unified state register of taxpayers. II


Approved

by order of the Ministry of Finance

Russian Federation

from 06.22.17 N 99n

ORDER

MAINTAINING THE UNIFORM STATE REGISTER OF TAXPAYERS

1. This Procedure was developed in accordance with paragraph 8 of Article 84 of the Tax Code of the Russian Federation (Collection of Legislation of the Russian Federation, 1998, N 31, Art. 3824; 1999, N 28, Art. 3487; 2003, N 52, Art. 5037; 2004 , N 2711, N 3231, N 3436; , N 30, Art. 4593; 2013, Art. 4081; , 4177; N 49, art. 6842, 6844).

2. The Unified State Register of Taxpayers (hereinafter referred to as the Register) is maintained by the Federal Tax Service and its territorial bodies (hereinafter referred to as the tax authorities) on the basis of uniform methodological, software and technical principles and documented information available to the tax authorities.

4. Maintaining the Register includes entering Information into it, changing the Information contained in the Register.

5. The register is maintained electronically using information technology by maintaining a state database.

6. Compatibility of the Register on electronic media with other federal information systems is ensured by observing the following uniform organizational, methodological, software and technical principles:

unification of the values ​​of indicators entered into the Register records based on the use of unified all-Russian classifiers and departmental directories;

the use, by agreement of the parties involved in information interaction, of an electronic signature and (or) other means of cryptographic information protection that make it possible to establish the absence of distortions in electronic documents;

application for information interaction with other federal information systems of unified protocols of information and telecommunication networks, document forms and data formats transmitted on electronic media.

b) in relation to the inspections specified in subparagraph "b" of paragraph 2 of these Rules - information on the composition and timing of entering into the unified register of inspections information on scheduled and unscheduled inspections of public authorities of the constituent entities of the Russian Federation and officials of public authorities of the constituent entities of the Russian Federation, carried out in accordance with Article 29.2 of the Federal Law “On the General Principles of the Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation”, on their results and on the measures taken to suppress and (or) eliminate the consequences of identified violations in accordance with Appendix No. 2;

c) in relation to the inspections specified in subparagraph "c" of paragraph 2 of these Rules - information on the composition and timing of entering into the unified register of inspections information on scheduled and unscheduled inspections of the activities of local government bodies and local government officials, carried out in accordance with Article 77 Federal Law "On the General Principles of the Organization of Local Self-Government in the Russian Federation", on their results and on the measures taken to suppress and (or) eliminate the consequences of identified violations in accordance with Appendix No. 3;

d) in relation to the inspections specified in subparagraph "d" of paragraph 2 of these Rules - information on the composition and timing of entering into the unified register of inspections information on scheduled and unscheduled inspections conducted by the antimonopoly authority in accordance with Article 25.1 of the Federal Law "On the Protection of Competition" in relation to federal executive authorities, other performing the functions of federal executive authorities, state authorities of constituent entities of the Russian Federation, local government bodies or organizations, as well as state extra-budgetary funds, individuals who do not have the status of an individual entrepreneur, about their results and about adopted measures to suppress and (or) eliminate the consequences of identified violations in accordance with Appendix No. 4;

e) in relation to the test purchase specified in subparagraph "e" of paragraph 2 of these Rules - information on the composition and timing of entering information about the test purchase into the unified register of inspections, carried out in accordance with Article 16.1 of the Federal Law "On the Protection of the Rights of Legal Entities and Individuals" entrepreneurs in the exercise of state control (supervision) and municipal control" and the results of its implementation in accordance with Appendix No. 5.

III. Procedure for assigning a verification account number

14. The inspection registration number is assigned automatically from the moment the information specified is entered into the unified register of inspections:

Information about changes:

The rules were supplemented by clause 14.1 from December 8, 2018 - Decree of the Government of Russia of April 28, 2015 N 415

14.1. The account number for an inspection or test purchase is assigned once and cannot be changed or reused.

15. The accounting number of the inspection, test purchase consists of the following parts:

a) 1st part - two digits defining the region code at the place of issue of the order or order of the head (deputy head) of the control body to conduct an inspection or test purchase (if it is impossible to determine the region code, the value “00” is indicated);

b) 2nd part - two digits defining the last two digits of the year of the inspection or test purchase;

c) 3rd part - eight digits defining the serial number of the inspection, control purchase, generated for each new inspection or test purchase sequentially.

IV. The procedure for including information in the unified register of inspections

16. The deadlines for entering information into the unified register of inspections are established:

21. Information contained in the information systems of control bodies and subject to placement in the unified register of inspections can be placed in the unified register of inspections in an automated mode by organizing the interaction of the unified register of inspections with other information systems. The grounds and procedure for connecting other information systems to the unified register of inspections are determined by the operator of the unified register of inspections.

22. Amendments to the unified register of inspections in terms of correcting technical errors are carried out by an authorized official of the control body immediately from the moment technical errors are identified.

In case of cancellation of the results of an inspection, information about this must be entered into the unified register of inspections by an authorized official of the control body no later than 3 working days from the date of receipt of the specified information by the control body.

Applications from interested parties to make changes to the unified register of inspections in terms of correcting false information contained in the unified register of inspections are considered by the head (deputy head) of the control body who issued the order or order to conduct the inspection, no later than 10 working days from the date of receipt of the application to the control body.

If such appeals are recognized as justified, the specified information is corrected by an authorized official of the control body no later than one working day from the date of consideration of the appeal.

V. The procedure for providing information and ensuring access to information contained in the unified register of inspections

23. The provision of information contained in the unified register of inspections is carried out by providing access to the unified register of inspections free of charge.

24. The prosecutor's office, the Ministry of Economic Development of the Russian Federation, as well as the Commissioner under the President of the Russian Federation for the Protection of the Rights of Entrepreneurs have unlimited access to the information contained in the unified register of inspections.

The central offices of federal executive authorities authorized to exercise state control (supervision) have access to the information specified in Appendices No. 1 - 3 and to these Rules, contained in the unified register of inspections, in relation to inspections within the established competence. The central office of the Federal Antimonopoly Service also has access to the information specified in Appendix No. 4 to these Rules.

The Commissioner for the Protection of the Rights of Entrepreneurs in a constituent entity of the Russian Federation has access to the information specified in Appendices No. 1 - 5 to these Rules, contained in the unified register of inspections, in relation to inspections or test purchases carried out on the territory of the relevant constituent entity of the Russian Federation.

Territorial bodies of federal executive authorities authorized to exercise state control (supervision), executive authorities of constituent entities of the Russian Federation authorized to exercise state control (supervision), government institutions authorized in accordance with federal laws to exercise state control (supervision) have access to the information specified in Appendices No. 1 - 3 and to these Rules, contained in the unified register of inspections, in relation to inspections carried out on the territory of the relevant constituent entity of the Russian Federation, within the framework of their established competence. Territorial bodies of the Federal Antimonopoly Service also have access to the information specified in Appendix No. 4 to these Rules, contained in the unified register of inspections, in relation to inspections carried out on the territory of the relevant constituent entity of the Russian Federation within the established competence.

Local government bodies authorized to exercise municipal control have access to the information specified in paragraph 1 of Appendix No. 1 to these Rules, contained in the unified register of inspections, in relation to inspections carried out by the relevant local government body.

Joint Stock Company "Federal Corporation for the Development of Small and Medium Enterprises" has unlimited access to the information specified in Appendices No. 1 and to these Rules, contained in the unified register of inspections, in relation to inspections and (or) test purchases.

25. Access to publicly available information contained in the unified register of inspections specified in Part 3 of Article 13.3 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” and Appendices No. 1 - 5 to these Rules , is available to an unlimited number of persons from the moment the specified information is entered into the unified register of inspections through its placement by the operator of the unified register of inspections on a specialized website on the Internet information and telecommunications network.

Information about changes:

The rules were supplemented by Appendix 1 from December 8, 2018 - Resolution

Appendix No. 1
to the Formation Rules

Composition and timing
entering into the unified register of inspections information on scheduled and unscheduled inspections of legal entities and individual entrepreneurs conducted in accordance with 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" (with the exception of unscheduled inspections conducted in accordance with clause 1.1 of part 2 of article 10 of the said Federal Law, including in relation to the license applicant who submitted an application for a license, the licensee who submitted an application for re-issuance of a license, extension of the license), about their results and about the measures taken to suppress and (or) eliminating the consequences of identified violations

I. Composition of information on scheduled and unscheduled inspections of legal entities and individual entrepreneurs conducted in accordance with 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" (with the exception of unscheduled inspections conducted in accordance with with clause 1.1 of part 2 of article 10 of the said Federal Law, including in relation to the license applicant who submitted an application for a license, the licensee who submitted an application for re-issuance of a license, extension of the license), about their results and about the measures taken to suppress and ( or) eliminating the consequences of identified violations

1. Information on scheduled and unscheduled inspections of legal entities and individual entrepreneurs conducted in accordance with 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" (with the exception of unscheduled inspections conducted in accordance with clause 1.1 of part 2 of article 10 of the said Federal Law, including in relation to the license applicant who submitted an application for a license, the licensee who submitted an application for re-issuance of a license, extension of the license), about their results and about the measures taken to suppress and (or ) elimination of the consequences of identified violations includes information:

a) about the check, containing:

mandatory requirements and requirements established by municipal legal acts that are subject to verification;

details of the checklist (checklist), if a checklist (checklist) must be used during a scheduled inspection;

name of the control body;

an indication of the type(s) of state control (supervision), municipal control within the framework of which the inspection is carried out;

c) about the person in respect of whom the inspection is carried out, containing:

name of the legal entity or last name, first name, patronymic (the latter - if available) of the individual entrepreneur in respect of whom the audit is being carried out;

state registration number of the record on the creation of a legal entity, state registration number of the record on the state registration of an individual as an individual entrepreneur and taxpayer identification number;

location of the legal entity (its branches, representative offices, separate structural divisions) in respect of which the inspection is being carried out;

the place of actual activity of the individual entrepreneur in respect of whom the inspection is being carried out;

location of hazardous production facilities, hydraulic structures, nuclear energy facilities, if control measures are taken in relation to such facilities;

d) on notification of the inspected person about the inspection, indicating the date and method of notification in cases provided for by 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”;

the name of the legal entity being inspected or the last name, first name and patronymic (the latter - if available) of an individual entrepreneur;

last name, first name, patronymic (the latter - if available) and position of the manager, other official of the legal entity, authorized representative of the legal entity, authorized representative of the individual entrepreneur who were present during the inspection;

information about familiarization or refusal to familiarize with the inspection report of the manager, other official or authorized representative of a legal entity, individual entrepreneur, his authorized representative present during the inspection, the presence of their signatures or refusal to sign;

information about identified violations of mandatory requirements and requirements established by municipal legal acts, about their nature and about the persons who committed these violations (indicating the provisions of legal acts);

information about the discrepancy between the information contained in the notification of the commencement of certain types of business activity and mandatory requirements (indicating the provisions of regulatory legal acts);

an indication of the absence of identified violations of mandatory requirements or requirements established by municipal legal acts (if no violations of mandatory requirements or requirements established by municipal legal acts have been identified);

information on sending materials about identified violations of mandatory requirements or requirements established by municipal legal acts to state bodies and local government bodies in accordance with their competence;

information about facts of non-compliance with the instructions of the control authorities to eliminate the identified violation of mandatory requirements and (or) requirements established by municipal legal acts (indicating the details of the issued instructions);

information on the suspension or cancellation of previously issued permits, licenses, accreditation certificates and other documents of a permissive nature;

information about product recalls;

II. Deadlines for entering into the unified register of inspections information on scheduled and unscheduled inspections of legal entities and individual entrepreneurs conducted in accordance with 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” (with the exception of unscheduled inspections, carried out in accordance with paragraph 1.1 of part 2 of article 10 of the said Federal Law, including in relation to the license applicant who submitted an application for a license, the licensee who submitted an application for re-issuance of a license, extension of the license), about their results and about the measures taken to suppression and (or) elimination of the consequences of identified violations

2. Information specified in subparagraphs “a” - “c” of paragraph 1, paragraph 3 of this document.

3. Information specified in subparagraphs "a" - "c" of paragraph 1, paragraph 2 of part 2 and part 12 of article 10 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", as well as unscheduled inspections, during which, in accordance with federal laws establishing the specifics of organizing and conducting inspections, there is no requirement to notify the persons being inspected about the start of an unscheduled inspection, are subject to inclusion in the unified register of inspections by an authorized official of the control body no later than 5 working days from the date of commencement of the inspection checks.

4. The information specified in subparagraph "d" of paragraph 1 of this document is subject to entry into the unified register of inspections by an authorized official of the control body no later than the day the notification of the start of the inspection is sent to the person being inspected.

5. Information specified in subparagraph "e", paragraphs two and three of subparagraph "f" of paragraph 1

6. Information specified in subparagraph "e" paragraphs two and three of subparagraph "e"

7. Information specified in subparagraph "g" of paragraph 1

Information about changes:

The rules were supplemented by Appendix 2 from December 8, 2018 - Decree of the Government of Russia of November 21, 2018 N 1399

Appendix No. 2
to the Formation Rules
and maintaining a unified register of inspections

Composition and timing
entering into the unified register of inspections information on scheduled and unscheduled inspections of public authorities of the constituent entities of the Russian Federation and officials of public authorities of the constituent entities of the Russian Federation, carried out in accordance with Article 29.2 of the Federal Law "On the General Principles of the Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects Russian Federation", about their results and about the measures taken to suppress and (or) eliminate the consequences of identified violations

I. Composition of information on scheduled and unscheduled inspections of public authorities of the constituent entities of the Russian Federation and officials of public authorities of the constituent entities of the Russian Federation, carried out in accordance with Article 29.2 of the Federal Law "On the general principles of the organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation ", about their results and about the measures taken to suppress and (or) eliminate the consequences of identified violations

1. Information on scheduled and unscheduled inspections of public authorities of the constituent entities of the Russian Federation and officials of public authorities of the constituent entities of the Russian Federation, conducted in accordance with Article 29.2 of the Federal Law "On the general principles of the organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation" , about their results and about the measures taken to suppress and (or) eliminate the consequences of identified violations includes information:

a) about the check, containing:

registration number and date of assignment of the verification registration number;

date and number of the order or order of the head (deputy head) of the control body to conduct the inspection;

start and end dates of the inspection;

legal grounds for conducting an inspection;

goals, objectives, subject of the inspection and the period for its implementation;

type of inspection (scheduled, unscheduled);

inspection form (on-site, documentary);

timing and list of control measures necessary to achieve the goals and objectives of the audit;

information on the approval of the inspection with the prosecutor's office (if such approval was carried out);

information on the inclusion of a scheduled inspection in the annual consolidated plan for conducting scheduled inspections;

b) about the control body, containing:

name of the control body;

c) about a government body of a constituent entity of the Russian Federation or an official of a government agency of a constituent entity of the Russian Federation, in respect of whom an inspection is being carried out, containing:

the name of the state authority of the subject of the Russian Federation or the surname, first name, patronymic (the latter - if available) of an official of the state authority of the subject of the Russian Federation;

location of the government body of a constituent entity of the Russian Federation or an official of a government body of a constituent entity of the Russian Federation in respect of whom the inspection is being carried out;

date, time and place of drawing up the inspection report;

date, time, duration and place of the inspection;

the name of the state authority of the subject of the Russian Federation being inspected or the surname, first name, patronymic (the latter - if available) of an official of the state authority of the subject of the Russian Federation;

last name, first name, patronymic (the latter - if available) and position of the official (officials) who conducted the inspection;

surname, name, patronymic (the latter - if available) and position of the head, other official of the government body of the constituent entity of the Russian Federation who were present during the inspection;

information about familiarization or refusal to familiarize with the inspection report of the head of a government body of a constituent entity of the Russian Federation, an official of a public authority of a constituent entity of the Russian Federation who were present during the inspection, the presence of their signatures or refusal to sign;

information about the reasons for the impossibility of conducting the inspection (if the inspection was not carried out);

information about issued orders to eliminate identified violations and (or) to take measures to prevent harm (details, deadline, content of the order);

information on sending materials about identified violations of mandatory requirements to government bodies in accordance with their competence;

a list of measures taken to ensure proceedings in the case of an administrative offense;

information on bringing the perpetrators to administrative responsibility;

information on the execution of the decision in the case of an administrative offense;

information about appealing decisions and actions (inaction) of the control body or its officials and the results of such appeal;

f) on cancellation of the inspection results (if such cancellation was made).

II. Deadlines for entering into the unified register of inspections information on scheduled and unscheduled inspections of the activities of public authorities of the constituent entities of the Russian Federation and officials of public authorities of the constituent entities of the Russian Federation, carried out in accordance with Article 29.2 of the Federal Law "On the General Principles of the Organization of Legislative (Representative) and Executive Bodies of State authorities of the constituent entities of the Russian Federation", about their results and about the measures taken to suppress and (or) eliminate the consequences of identified violations

2. The information specified in subparagraphs “a” - “c” of paragraph 1 of this document is subject to inclusion in the unified register of inspections by an authorized official of the control body no later than 3 working days from the date of issuance of the order or order of the head (deputy head) of the control body to carry out checks, unless otherwise specified in paragraph 3 of this document.

3. The information specified in subparagraphs “a” - “c” of paragraph 1 of this document, when organizing and conducting unscheduled inspections on the grounds specified in paragraph 5 of Article 29.2 of the Federal Law “On General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power subjects of the Russian Federation", is subject to inclusion in the unified register of inspections by an authorized official of the control body no later than 5 working days from the date of the start of the inspection.

4. The information specified in subparagraph "d", paragraphs two and this document is subject to entry into the unified register of inspections by an authorized official of the control body no later than 10 working days from the date of completion of the inspection.

5. The information specified in subparagraph "e" (except for the information contained in paragraphs two and three of subparagraph "d") of paragraph 1 of this document is subject to entry into the unified register of inspections by an authorized official of the control body no later than 5 working days from the date of receipt such information to the control authority.

6. The information specified in subparagraph "e" of paragraph 1 of this document is subject to entry into the unified register of inspections by an authorized official of the control body no later than 3 business days from the date of receipt of such information by the control body.

Information about changes:

The rules were supplemented by Appendix 3 from December 8, 2018 - Decree of the Government of Russia of November 21, 2018 N 1399

Appendix No. 3
to the Formation Rules
and maintaining a unified register of inspections

Composition and timing
entering into the unified register of inspections information on scheduled and unscheduled inspections of the activities of local government bodies and local government officials, carried out in accordance with Article 77 of the Federal Law "On the General Principles of the Organization of Local Self-Government in the Russian Federation", on their results and on measures taken to suppress and (or) eliminating the consequences of identified violations

I. The composition of information on scheduled and unscheduled inspections of the activities of local government bodies and local government officials, carried out in accordance with Article 77 of the Federal Law "On General Principles of the Organization of Local Self-Government in the Russian Federation", on their results and on measures taken to suppress and ( or) eliminating the consequences of identified violations

1. Information on scheduled and unscheduled inspections of the activities of local government bodies and local government officials, carried out in accordance with Article 77 of the Federal Law "On the General Principles of the Organization of Local Self-Government in the Russian Federation", on their results and on measures taken to suppress and (or ) elimination of the consequences of identified violations includes information:

a) about the check, containing:

registration number and date of assignment of the verification registration number;

date and number of the order or order of the head (deputy head) of the control body to conduct the inspection;

start and end dates of the inspection;

legal grounds for conducting an inspection;

mandatory requirements to be verified;

goals, objectives, subject of the inspection and the period for its implementation;

type of inspection (scheduled, unscheduled);

inspection form (on-site, documentary);

timing and list of control measures necessary to achieve the goals and objectives of the audit;

information on the approval of the inspection with the prosecutor's office (if such approval was carried out);

information on the inclusion of a scheduled inspection in the annual consolidated plan for conducting scheduled inspections;

b) about the control body, containing:

name of the control body;

surname, name, patronymic (the latter - if available) and position of the official (officials) authorized to conduct the inspection, as well as experts and representatives of expert organizations involved in the inspection;

c) about the local government body or about the official of the local government body, in respect of which an inspection is being carried out, containing:

name of the local government body or position, surname, first name, patronymic (the latter - if available) of the local government official;

location of the local government body or local government official in respect of whom the inspection is being carried out;

d) about the results of the inspection, containing:

date, time and place of drawing up the inspection report;

date, time, duration and place of the inspection;

the name of the local government body being inspected or the position, surname, first name, patronymic (the latter - if available) of an official of a government body of a constituent entity of the Russian Federation;

last name, first name, patronymic (the latter - if available) and position of the official (officials) who conducted the inspection;

last name, first name, patronymic (the latter - if available) and position of the head, other official of the local government body present during the inspection;

information about familiarization or refusal to familiarize with the inspection report of the head of the local government body, an official of the local government body who were present during the inspection, the presence of their signatures or refusal to sign;

information about identified violations of mandatory requirements, their nature and the persons who committed these violations (indicating the provisions of legal acts);

an indication of the absence of identified violations of mandatory requirements (if no violations of mandatory requirements are identified);

information about the reasons for the impossibility of conducting the inspection (if the inspection was not carried out);

e) on measures taken based on the results of the inspection, containing:

information about issued orders to eliminate identified violations and (or) to take measures to prevent harm (details, deadline, content of the order);

information on sending materials about identified violations of mandatory requirements to state bodies and local government bodies in accordance with their competence;

information on the implementation of orders from control authorities to eliminate identified violations of mandatory requirements (indicating the details of the orders issued);

information about facts of non-compliance with the orders of control authorities to eliminate identified violations of mandatory requirements (indicating the details of the orders issued);

a list of measures taken to ensure proceedings in the case of an administrative offense;

information on bringing the perpetrators to administrative responsibility;

information on the execution of the decision in the case of an administrative offense;

information about appealing decisions and actions (inaction) of the control body or its officials and the results of such appeal;

f) to cancel the results of the inspection if such cancellation was made.

II. Deadlines for entering into the unified register of inspections information on scheduled and unscheduled inspections of the activities of local government bodies and local government officials, carried out in accordance with Article 77 of the Federal Law "On the General Principles of the Organization of Local Self-Government in the Russian Federation", on their results and on the measures taken to suppression and (or) elimination of the consequences of identified violations

2. The information specified in subparagraphs “a” - “c” of paragraph 1 of this document is subject to inclusion in the unified register of inspections by an authorized official of the control body no later than 3 working days from the date of issuance of the order or order of the head (deputy head) of the control body to carry out checks, unless otherwise specified in paragraph 3 of this document.

3. The information specified in subparagraphs “a” - “c” of paragraph 1 of this document, when organizing and conducting unscheduled inspections on the grounds specified in Part 2.6 of Article 77 of the Federal Law “On General Principles of the Organization of Local Self-Government in the Russian Federation”, is subject to entry to the unified register of inspections by an authorized official of the control body no later than 5 working days from the date of the start of the inspection.

4. The information specified in subparagraph "d", paragraphs two and three of subparagraph "d" of paragraph 1 of this document is subject to entry into the unified register of inspections by an authorized official of the control body no later than 10 working days from the date of completion of the inspection.

5. The information specified in subparagraph "e" (except for the information contained in paragraphs two and three of subparagraph "d") of paragraph 1 of this document is subject to entry into the unified register of inspections by an authorized official of the control body no later than 5 working days from the date of receipt such information to the control authority.

6. The information specified in subparagraph "e" of paragraph 1 of this document is subject to entry into the unified register of inspections by an authorized official of the control body no later than 3 business days from the date of receipt of such information by the control body.

Information about changes:

The rules were supplemented by Appendix 4 from December 8, 2018 - Decree of the Government of Russia of November 21, 2018 N 1399

Appendix No. 4
to the Formation Rules
and maintaining a unified register of inspections

Composition and timing
entering into the unified register of inspections information about scheduled and unscheduled inspections conducted by the antimonopoly authority in accordance with Article 25.1 of the Federal Law "On the Protection of Competition" in relation to federal executive authorities, other performing the functions of federal executive authorities, state authorities of constituent entities of the Russian Federation, bodies local self-government bodies or organizations, as well as state extra-budgetary funds, individuals who do not have the status of an individual entrepreneur, about their results and about the measures taken to suppress and (or) eliminate the consequences of identified violations

I. Composition of information on scheduled and unscheduled inspections conducted by the antimonopoly authority in accordance with Article 25.1 of the Federal Law “On the Protection of Competition” in relation to federal executive authorities, other performing the functions of federal executive authorities, state authorities of constituent entities of the Russian Federation, local governments bodies or organizations, as well as state extra-budgetary funds, individuals who do not have the status of an individual entrepreneur, about their results and about the measures taken to suppress and (or) eliminate the consequences of identified violations

1. Information on scheduled and unscheduled inspections conducted by the antimonopoly authority in accordance with Article 25.1 of the Federal Law “On the Protection of Competition” in relation to federal executive authorities, other federal executive authorities, state authorities of constituent entities of the Russian Federation, local self-government bodies or organizations, as well as state extra-budgetary funds, individuals who do not have the status of an individual entrepreneur, about their results and about the measures taken to suppress and (or) eliminate the consequences of identified violations includes information:

a) about the check, containing:

registration number and date of assignment of the verification registration number;

date and number of the order or order of the head (deputy head) of the antimonopoly authority to conduct an inspection;

start and end dates of the inspection;

legal grounds for conducting an inspection;

mandatory requirements to be verified;

goals, objectives, subject of the inspection and the period for its implementation;

type of inspection (scheduled, unscheduled);

inspection form (on-site, documentary);

timing and list of control measures necessary to achieve the goals and objectives of the audit;

information on the approval of the inspection with the prosecutor's office (if such approval was carried out);

information on the inclusion of a scheduled inspection in the annual consolidated plan for conducting scheduled inspections;

b) about the antimonopoly authority, containing:

name of the antimonopoly authority;

surname, name, patronymic (the latter - if available) and position of the official (officials) authorized to conduct the inspection, as well as experts, representatives of expert organizations involved in the inspection;

an indication of the unique register number of the function in the federal state information system "Federal Register of State and Municipal Services (functions)";

c) about the federal executive body, other federal executive bodies performing the functions of federal executive bodies, state authorities of constituent entities of the Russian Federation, local government bodies or organizations, as well as about the state extra-budgetary fund, about an individual who does not have the status of an individual entrepreneur, in respect of which a check is carried out containing:

in relation to federal executive authorities - the name and location of the federal executive authority;

in relation to bodies and organizations performing the functions of federal executive authorities, state authorities of constituent entities of the Russian Federation, local governments - the name and location of the body or organization, the state registration number of the record on the creation of a legal entity;

in relation to state extra-budgetary funds - the name and location of the state extra-budgetary fund;

in relation to individuals who do not have the status of an individual entrepreneur - last name, first name, patronymic (the latter - if available), place of activity related to the inspection;

d) on notification of the federal executive body, other federal executive bodies performing the functions, government bodies of the constituent entities of the Russian Federation, local government bodies or organizations, as well as about the state extra-budgetary fund, about an individual who does not have the status of an individual entrepreneur, about the conduct inspections indicating the date and method of notification in cases provided for by the Federal Law “On Protection of Competition”;

e) about the results of the inspection, containing:

date, time and place of drawing up the inspection report;

date, time, duration and place of the inspection;

the name of the federal executive body, other performing the functions of the federal executive body, the state government body of a constituent entity of the Russian Federation, the local government body or organization, the state extra-budgetary fund or the last name, first name, patronymic (the latter - if any) of an individual who does not have the status of an individual entrepreneur;

last name, first name, patronymic (the latter - if available) and position of the official (officials) who conducted the inspection;

surname, first name, patronymic (the latter - if available) and position of the head, other official or authorized representative of the federal executive body, others performing the functions of the federal executive body, state government body of a constituent entity of the Russian Federation, local government body or organization, state extra-budgetary a fund or an individual who does not have the status of an individual entrepreneur or his authorized representative who was present during the inspection;

information about familiarization or refusal to familiarize with the inspection report of the head, other official or authorized representative of the federal executive body, other performing the functions of the federal executive body, state government body of a constituent entity of the Russian Federation, local government body or organization, state extra-budgetary fund or individual a person who does not have the status of an individual entrepreneur or his authorized representative who was present during the inspection, about the presence of their signatures or about refusal to sign;

information about identified violations of mandatory requirements, their nature and about the persons who committed these violations (indicating the provisions of legal acts);

an indication of the absence of identified violations of mandatory requirements (if no violations of mandatory requirements are identified);

information about the reasons for the impossibility of conducting the inspection (if the inspection was not carried out);

f) on measures taken based on the results of the inspection, containing:

information about issued orders to eliminate identified violations and (or) to take measures to prevent harm (details, deadline, content of the order);

information on sending materials about identified violations of mandatory requirements to state bodies or local governments in accordance with their competence;

information about facts of non-compliance with the orders of the antimonopoly authorities to eliminate the identified violation of mandatory requirements (indicating the details of the issued orders);

a list of measures taken to ensure proceedings in the case of an administrative offense;

information on bringing the perpetrators to administrative responsibility;

information about the fulfillment by the person in respect of whom the inspection was carried out of the order to eliminate the identified violations;

information on the execution of the decision in the case of an administrative offense;

information about appealing decisions and actions (inaction) of the control body or its officials and the results of such appeal;

g) on ​​cancellation of the inspection results (if such cancellation was made).

II. The deadlines for entering into the unified register of inspections information about scheduled and unscheduled inspections conducted by the antimonopoly authority in accordance with Article 25.1 of the Federal Law “On the Protection of Competition” in relation to federal executive authorities, other performing the functions of federal executive authorities, state authorities of constituent entities of the Russian Federation, local government bodies or organizations, as well as state extra-budgetary funds, individuals who do not have the status of an individual entrepreneur, about their results and about the measures taken to suppress and (or) eliminate the consequences of identified violations

2. The information specified in subparagraphs “a” - “b” of paragraph 1 of this document is subject to inclusion in the unified register of inspections by an authorized official of the control body no later than 3 working days from the date of issuance of the order or order of the head (deputy head) of the control body to carry out checks, unless otherwise specified in paragraph 3 of this document.

3. The information specified in subparagraphs “a” - “b” of paragraph 1 of this document, when organizing and conducting unscheduled inspections specified in Part 14 of Article 25.1 of the Federal Law “On Protection of Competition”, is subject to inclusion in the unified register of inspections by an authorized official of the antimonopoly authority no later than 5 working days from the date of commencement of the inspection.

) paragraph 1 of this document, is subject to inclusion in the unified register of inspections by an authorized official of the control body no later than 5 working days from the date of receipt of such information by the control body.

Appendix No. 5
to the Formation Rules
and maintaining a unified register of inspections

Composition and timing
entering into the unified register of inspections information on a test purchase carried out in accordance with Article 16.1 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", and the results of its implementation

I. The composition of information on the test purchase carried out in accordance with Article 16.1 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", and the results of its implementation

1. Information about the test purchase carried out in accordance with Article 16.1 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” and the results of its implementation includes information:

a) on test purchase, containing:

registration number and date of assignment of the control purchase registration number;

date and number of the order or order of the head (deputy head) of the control body on conducting a test purchase;

date of test purchase;

legal grounds for conducting a test purchase;

purpose of test purchase;

mandatory requirements to be verified;

information about goods (works, services) to be purchased during the test purchase, methods of their purchase and payment;

information on the approval of the test purchase with the prosecutor's office (if such approval was carried out) or information on sending a notice to the prosecutor's office in cases established by federal laws;

b) about the control body, containing:

name of the control body;

surname, name, patronymic (the latter - if available) and position of the official (officials) authorized to conduct the test purchase;

an indication of the type(s) of state control (supervision) within which the test purchase is carried out;

an indication of the unique register number of the function in the federal state information system "Federal Register of State and Municipal Services (functions)";

c) about the person in respect of whom a test purchase is being carried out, containing:

name of the legal entity or surname, name, patronymic (the latter - if available) of the individual entrepreneur in respect of whom the test purchase is being carried out;

state registration number of the record on the creation of a legal entity, number of the record of accreditation in the state register of accredited branches, representative offices of foreign legal entities, state registration number of the record of state registration of an individual as an individual entrepreneur and taxpayer identification number;

location of the legal entity (its branches, representative offices, separate structural divisions) in respect of which the test purchase is being carried out;

the place of actual activity of a legal entity (its branches, representative offices, separate structural divisions) or individual entrepreneur, where the test purchase is directly carried out;

information allowing to identify the ways in which a test purchase should be carried out, carried out remotely using information and communication technologies;

d) about the results of the test purchase, containing:

date, time and place of drawing up the test purchase act;

name of the legal entity or surname, name, patronymic (the latter - if available) of the individual entrepreneur in respect of whom the test purchase was carried out;

surname, name, patronymic (the latter - if available) and position of the official (officials) who conducted the test purchase;

information about the signing of the test purchase act by a representative of a legal entity, individual entrepreneur or about refusal to sign;

information about identified violations of mandatory requirements and their nature (indicating the provisions of legal acts);

information on the direction of goods purchased during the test purchase for research (testing);

an indication of the absence of identified violations of mandatory requirements (if no violations of mandatory requirements are identified);

information about the reasons for the impossibility of conducting a test purchase (if the test purchase was not carried out);

e) on the results of research (testing) of goods purchased during the test purchase;

f) on measures taken based on the results of the test purchase, in cases of their adoption, containing:

information about the organization of the unscheduled inspection, the registration number and the date of assignment of the registration number for the unscheduled inspection;

a list of measures taken to ensure proceedings in the case of an administrative offense;

information on bringing the perpetrators to administrative responsibility;

information about product recalls;

information on the execution of the decision in the case of an administrative offense;

information about appealing decisions and actions (inaction) of the control body or its officials and the results of such appeal.

II. Deadlines for entering into the unified register of inspections information about a test purchase carried out in accordance with Article 16.1 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”, and the results of its implementation

2. The information specified in subparagraphs “a” - “c” of paragraph 1 of this document is subject to entry into the unified register of inspections by an authorized official of the control body no later than 3 business days from the date of the test purchase.

3. The information specified in subparagraph "d" of paragraph 1 of this document is subject to entry into the unified register of inspections by an authorized official of the control body no later than 5 working days from the date of the test purchase.

4. The information specified in subparagraph "d" of paragraph 1 of this document is subject to inclusion in the unified register of inspections by an authorized official of the control body no later than 2 working days from the date of completion of the study (testing) of goods purchased during the test purchase.

5. The information specified in subparagraph "e" (except for the information contained in paragraph two of subparagraph "e") of paragraph 1 of this document is subject to entry into the unified register of inspections by an authorized official of the control body no later than 5 business days from the date of receipt of such information to the control body.

6. The information specified in paragraph two of subparagraph “e” of paragraph 1 of this document is subject to entry into the unified register of inspections by an authorized official of the control body no later than 1 business day from the date of assignment of the unscheduled inspection registration number.

In accordance with Part 2 of Article 13 3 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" the Government of the Russian Federation decides:

1. Approve the attached Rules for the formation and maintenance of a unified register of inspections.

2. To establish that the provisions of the Rules approved by this resolution, in terms of assigning an account number to inspections and including information on inspections in the unified register of inspections, apply to inspections carried out in the exercise of federal state control (supervision) by executive authorities of the constituent entities of the Russian Federation, and inspections carried out in the exercise of regional state control (supervision), from July 1, 2016, in relation to inspections carried out in the exercise of municipal control, from January 1, 2017.

3. The implementation of this resolution is carried out within the limits established by the Government of the Russian Federation of the maximum number of employees of federal executive bodies and the funds provided to these bodies for leadership and management in the field of established functions.

Chairman of the Government
Russian Federation
D. Medvedev

Rules for the formation and maintenance of a unified register of inspections

I. General provisions

1. These Rules establish the procedure for the formation and maintenance of a unified register of inspections in the exercise of state control (supervision) and municipal control in the Russian Federation.

2. The Unified Register of Inspections contains information on scheduled and unscheduled inspections of legal entities and individual entrepreneurs conducted in accordance with 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” (hereinafter referred to as the Federal Law) , about their results and about the measures taken to suppress and (or) eliminate the consequences of identified violations.

3. The creation of a unified register of inspections, which is a federal state information system, is carried out by the operator of a unified register of inspections in accordance with the legislation of the Russian Federation on information, information technology and information protection, the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to ensure state and municipal needs, taking into account the functional requirements for the specified system, developed by the operator of the unified register of inspections in agreement with the Ministry of Economic Development of the Russian Federation.

4. Commissioning of the unified register of inspections is carried out by the operator of the unified register of inspections in accordance with Decree of the Government of the Russian Federation of September 10, 2009 N 723 “On the procedure for commissioning certain state information systems” based on the results of acceptance tests.

5. The functioning of the unified register of inspections can be carried out using infrastructure that ensures information and technological interaction of information systems used to provide state and municipal services and perform state and municipal functions in electronic form.

6. Interaction with the federal state information system "Unified portal of state and municipal services (functions)" is carried out using a unified system of interdepartmental electronic interaction.

7. Providing consulting support to state control (supervision) bodies, municipal control bodies and government agencies authorized in accordance with federal laws to exercise state control (supervision) (hereinafter referred to as control bodies), on the use of the unified register of inspections is carried out by the operator of the unified register of inspections .

8. The formation and maintenance of a unified register of inspections is carried out using technologies that make it possible to ensure the collection and entry of information into the unified register of inspections by control authorities, storage of information, its systematization, updating, transmission, protection, analytical processing, as well as making changes to the unified register of inspections.

9. The Unified Register of Inspections is maintained in the state language of the Russian Federation.

10. Maintaining a unified register of inspections, entering relevant information into it and providing it is carried out taking into account the requirements of the legislation on state and other secrets protected by law, as well as taking into account the requirements of the legislation on personal data.

11. Each inspection in the unified register of inspections is assigned an account number, and for each entry the date of its entry into the unified register of inspections is indicated.

12. Control bodies:

A) take organizational and administrative measures providing for the identification of officials of control bodies authorized to enter information into the unified register of inspections;
b) enter information into the unified register of inspections in accordance with Section IV of these Rules;
c) bear responsibility for the accuracy of the information entered into the unified register of inspections.

II. Composition of information in the unified register of inspections

13. The Unified Register of Inspections includes:

A) verification information containing:

Account number and date of assignment of the audit account number;
date and number of the order or order of the head (deputy head) of the control body to conduct the inspection;
start and end dates of the inspection;
legal grounds for conducting an inspection, including mandatory requirements subject to inspection and requirements established by municipal legal acts;
goals, objectives, subject of the inspection and the period for its implementation;
type of inspection (scheduled, unscheduled);
inspection form (on-site, documentary);
timing and list of control measures necessary to achieve the goals and objectives of the audit;
information on the coordination of the inspection with the prosecutor's office if such coordination was carried out;
information on the inclusion of a scheduled inspection in the annual consolidated plan for conducting scheduled inspections;

B) information about the control body containing:

Name of the control body;
surname, name, patronymic (the latter - if available) and position of the official (officials) authorized to conduct the inspection, as well as experts, representatives of expert organizations involved in the inspection;
an indication of the register number of the function in the federal state information system "Federal Register of State and Municipal Services (functions)";

C) information about the person in respect of whom the inspection is being carried out, containing:

Name of the legal entity or surname, name, patronymic (the latter - if available) of the individual entrepreneur in respect of whom the inspection is being carried out;
state registration number of the record on the creation of a legal entity, state registration number of the record on the state registration of an individual entrepreneur and taxpayer identification number;
location of the legal entity (its branches, representative offices, separate structural divisions) in respect of which the inspection is being carried out;
the place of actual activity of the legal entity (its branches, representative offices, separate structural divisions) or individual entrepreneur in respect of whom the inspection is being carried out;
location of hazardous production facilities, hydraulic structures, nuclear energy facilities, if control measures are taken in relation to such facilities;

D) information about the notification of the person being inspected about the inspection, indicating the date and method of notification in cases provided for by Federal Law;

D) information about the results of the inspection, containing:

Date, time and place of drawing up the inspection report;
date, time, duration and place of the inspection;
the name of the legal entity being inspected or the last name, first name and patronymic (the latter - if available) of an individual entrepreneur;
last name, first name, patronymic (the latter - if available) and position of the official (officials) who conducted the inspection;
last name, first name, patronymic (the latter - if available) and position of the manager, other official of the legal entity, authorized representative of the legal entity, authorized representative of the individual entrepreneur who were present during the inspection;
information about familiarization or refusal to familiarize with the inspection report of the manager, other official or authorized representative of a legal entity, individual entrepreneur, his authorized representative present during the inspection, the presence of their signatures or refusal to sign;
information about identified violations of mandatory requirements and requirements established by municipal legal acts, about their nature and about the persons who committed these violations (indicating the provisions of legal acts);
information about the discrepancy between the information contained in the notification of the commencement of certain types of business activity and mandatory requirements (indicating the provisions of regulatory legal acts);
an indication of the absence of identified violations of mandatory requirements or requirements established by municipal legal acts (if no violations of mandatory requirements or requirements established by municipal legal acts have been identified);
information about the reasons for the impossibility of conducting the inspection (if the inspection was not carried out);

E) information on measures taken based on the results of the inspection, containing:

Information about issued orders to eliminate identified violations and (or) to take measures to prevent harm (details, deadline, content of the order);
information on sending materials about identified violations of mandatory requirements or requirements established by municipal legal acts to state bodies and local government bodies in accordance with their competence;
information about facts of non-compliance with the instructions of the control authorities to eliminate the identified violation of mandatory requirements and (or) requirements established by municipal legal acts (indicating the details of the issued instructions);
a list of measures taken to ensure proceedings in the case of an administrative offense;
information on bringing the perpetrators to administrative responsibility;
information on the suspension or cancellation of previously issued permits, licenses, accreditation certificates and other documents of a permissive nature;
information about product recalls;
information about the fulfillment by the person in respect of whom the inspection was carried out of the order to eliminate the identified violations;
information on the execution of the decision in the case of an administrative offense;
information about appealing decisions and actions (inaction) of the control body or its officials and the results of such appeal;

G) information about the cancellation of the inspection results, if such cancellation was made.

III. Procedure for assigning a verification account number

14. The inspection registration number is assigned automatically from the moment the information specified in subparagraphs “a” - “c” of paragraph 13 of these Rules is entered into the unified register of inspections.

The verification account number is assigned once and cannot be changed.

The account number is not reused.

15. The verification account number consists of the following parts:

A) 1st part - two digits defining the region code at the place where the order was issued by the head (deputy head) of the control body to conduct an inspection (if it is impossible to determine the region code, the value “00” is indicated);
b) 2nd part - two digits defining the last two digits of the year of the inspection;
c) 3rd part - eight digits defining the sequence number of the check, generated for each new check sequentially.


IV. The procedure for including information in the unified register of inspections

16. When organizing and conducting scheduled and unscheduled inspections, with the exception of unscheduled inspections specified in paragraph 17 of these Rules, the information specified in subparagraphs “a” - “c” of paragraph 13 of these Rules is subject to entry into the unified register of inspections by an authorized official of the body control no later than 3 working days from the date of issuance of the order or order of the head (deputy head) of the control body to conduct an inspection.

17. When organizing and conducting unscheduled inspections on the grounds specified in paragraph 2 of part 2 and part 12 of article 10 of the Federal Law, as well as unscheduled inspections, during which, in accordance with federal laws establishing the specifics of organizing and conducting inspections, notification of the inspected is not required persons about the start of an unscheduled inspection, the information specified in subparagraphs “a” - “c” of paragraph 13 of these Rules is subject to entry into the unified register of inspections by an authorized official of the control body no later than 5 working days from the date of the start of the inspection.

18. The information specified in subparagraph “d” of paragraph 13 of these Rules is subject to entry into the unified register of inspections by an authorized official of the control body no later than the day the notification is sent.

19. The information specified in subparagraph "d" of paragraph 13 of these Rules is subject to entry into the unified register of inspections by an authorized official of the control body no later than 10 working days from the date of completion of the inspection.

20. The information specified in subparagraph "e" of paragraph 13 of these Rules is subject to entry into the unified register of inspections by an authorized official of the control body no later than 5 working days from the date of receipt of such information by the control body.

21. Information contained in the information systems of control bodies and subject to placement in the unified register of inspections can be placed in the unified register of inspections in an automated mode by organizing the interaction of the unified register of inspections with other information systems. The grounds and procedure for connecting other information systems to the unified register of inspections are determined by the operator of the unified register of inspections.

22. Amendments to the unified register of inspections in terms of correcting technical errors are carried out by an authorized official of the control body immediately from the moment technical errors are identified.

In case of cancellation of the results of an inspection, information about this must be entered into the unified register of inspections by an authorized official of the control body no later than 3 working days from the date of receipt of the specified information by the control body.

Applications from interested parties to make changes to the unified register of inspections in terms of correcting false information contained in the unified register of inspections are considered by the head (deputy head) of the control body who issued the order or order to conduct the inspection, no later than 10 working days from the date of receipt of the application to the control body.

If such appeals are recognized as justified, the specified information is corrected by an authorized official of the control body no later than one working day from the date of consideration of the appeal.


V. The procedure for providing information and ensuring access to information contained in the unified register of inspections

23. The provision of information contained in the unified register of inspections is carried out by providing access to the unified register of inspections free of charge.

24. The prosecutor's office, the Ministry of Economic Development of the Russian Federation, as well as the Commissioner under the President of the Russian Federation for the Protection of the Rights of Entrepreneurs have unlimited access to the information contained in the unified register of inspections.

The central offices of federal executive authorities authorized to exercise state control (supervision) have access to the information specified in paragraph 13 of these Rules, contained in the unified register of inspections, in relation to inspections within their established competence.

The Commissioner for the Protection of the Rights of Entrepreneurs in a constituent entity of the Russian Federation has access to the information specified in paragraph 13 of these Rules contained in the unified register of inspections in relation to inspections carried out on the territory of the relevant constituent entity of the Russian Federation.

Territorial bodies of federal executive authorities authorized to exercise state control (supervision), executive authorities of constituent entities of the Russian Federation authorized to exercise state control (supervision), government institutions authorized in accordance with federal laws to exercise state control (supervision) have access to the information specified in paragraph 13 of these Rules, contained in the unified register of inspections, in relation to inspections carried out on the territory of the relevant constituent entity of the Russian Federation, within the framework of their established competence.

Local government bodies authorized to exercise municipal control have access to the information specified in paragraph 13 of these Rules, contained in the unified register of inspections, in relation to inspections carried out by the relevant local government body.

25. Access to publicly available information contained in the unified register of inspections specified in Part 3 of Article 13 3 of the Federal Law is provided to an unlimited number of persons from the moment the specified information is entered into the unified register of inspections through its placement by the operator of the unified register of inspections on a specialized website in the information and telecommunications the Internet, including in the form of open data.

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

ABOUT APPROVAL OF THE RULES

In accordance with parts 6 and 7 of Article 10 of the Federal Law “On Aquaculture (Fish Farming) and on Amendments to Certain Legislative Acts of the Russian Federation” the Government of the Russian Federation decides:

1. Approve the attached Rules for concluding an agreement for the use of a fish-breeding area for a new term without holding tenders (competitions, auctions) with a fish farm that has properly fulfilled its obligations under the agreement for the use of a fish-breeding area, and changing the terms of such an agreement.

2. The implementation of this resolution is carried out by the Federal Fisheries Agency within the limits established by the Government of the Russian Federation of the maximum number of employees of the central apparatus and territorial bodies of the Federal Fisheries Agency, as well as budgetary allocations provided for by the Federal Fisheries Agency in the federal budget for leadership and management in the field of established functions .

Chairman of the Government

Russian Federation

D.MEDVEDEV

Approved

Government resolution

Russian Federation

CONCLUSION OF AN AGREEMENT FOR THE USE OF A FISH HERRY AREA

FOR A NEW TERM WITHOUT TRADES (COMPETITIONS, AUCTIONS)

WITH THE FISH HARVESTRY PROPERLY PERFORMED

YOUR RESPONSIBILITIES UNDER THE AGREEMENT FOR THE USE OF THE FISH HERRY

PART AND CHANGES IN THE CONDITIONS OF SUCH AGREEMENT

1. These Rules establish the procedure for concluding an agreement for the use of a fish-breeding site for a new term without holding tenders (competitions, auctions) with a fish farm that has properly fulfilled its obligations under the agreement for the use of a fish-breeding site (hereinafter referred to as the fish farm), and changing the terms of such an agreement.

2. The conclusion of an agreement for the use of a fish breeding area is carried out by the following authorized bodies:

a) Federal Fishery Agency - in relation to fish breeding areas located on water bodies and (or) parts thereof not adjacent to the territory of municipalities of constituent entities of the Russian Federation, on the continental shelf of the Russian Federation and in the exclusive economic zone of the Russian Federation;

b) territorial bodies of the Federal Fishery Agency - in relation to fish breeding areas located on water bodies and (or) their parts adjacent to the territory of the municipality of the corresponding subject of the Russian Federation.

3. To conclude an agreement for the use of a fish-breeding area, the fish farm is obliged to notify the body specified in paragraph 2 of these Rules (hereinafter referred to as the authorized body) in writing about the desire to conclude an agreement (hereinafter referred to as notification) no earlier than 6 months and no later than 3 months before its expiration date.

4. A fish farm planning to enter into an agreement for the use of a fish farm must meet the following requirements:

a) bankruptcy and liquidation procedures are not being carried out in relation to the fish farm on the day the notification is submitted;

b) the activities of the fish farm are not suspended in the manner prescribed by the Code of the Russian Federation on Administrative Offences, on the day the notification is submitted;

c) the fish farm does not have an unfulfilled obligation for taxes, fees and other obligatory payments to budgets of any level or state extra-budgetary funds for the last reporting period in the amount of more than 25 percent of the book value of the assets of the fish farm according to the financial statements for the last reporting period. A fish farm is considered to comply with this requirement if it has appealed the existence of the specified unfulfilled obligation in accordance with the legislation of the Russian Federation and a decision on such a complaint has not been made on the day the notification is submitted;

d) the previously concluded agreement for the use of a fish-breeding site was not terminated with this fish-breeding farm on the grounds provided for in Part 3 of Article 9 of the Federal Law “On Aquaculture (Fish Farming) and on Amendments to Certain Legislative Acts of the Russian Federation” (hereinafter referred to as the Federal Law).

5. Checking the fish farm for compliance with the requirements provided for in paragraph 4 of these Rules is carried out by the authorized body. In order to confirm information about the compliance of a fish farm with the requirements provided for in paragraph 4 of these Rules, the authorized body may request the necessary information from federal executive authorities and bodies of state extra-budgetary funds.

6. When concluding an agreement for the use of a fish-breeding area, by agreement of the parties, the following conditions of a previously concluded agreement for the use of a fish-breeding area can be changed:

a) the minimum volume of aquaculture objects subject to breeding and (or) maintenance, cultivation, as well as release into a water body and removal from a water body within the boundaries of a fish-breeding area, provided for in paragraph 4 of part 2 of article 9 of the Federal Law. The specified minimum volume is determined in accordance with the methodology approved by the Ministry of Agriculture of the Russian Federation in accordance with subparagraph "l" of paragraph 82 of the Rules for organizing and conducting bidding (competitions, auctions) for the right to conclude an agreement for the use of a fish-breeding site, approved by the Decree of the Government of the Russian Federation of May 15, 2014 . N 450 "On approval of the Rules for organizing and conducting tenders (competitions, auctions) for the right to conclude an agreement for the use of a fish breeding area";

b) the species composition of aquaculture objects subject to breeding and (or) maintenance, cultivation, as well as release into a water body and removal from a water body within the boundaries of the fish breeding area;

c) details of the parties (location and address, place of residence, place of actual activity, bank details);

d) information about fish farming infrastructure facilities.

7. Changing other terms of the agreement for the use of a fish-breeding area not provided for in paragraph 6 of these Rules is not allowed.

8. The conclusion of an agreement for the use of a fish-breeding area is carried out for the duration of the previously concluded agreement for the use of a fish-breeding area.

At the same time, the specified period also includes the period for the fish farm to carry out aquaculture (fish farming) on ​​the provided fishing site for the implementation of commercial aquaculture (commercial fish farming) before the date of entry into force of the Federal Law on the basis of an agreement on the provision of a fishing site and re-registered without tendering by concluding a use agreement fishing area for the remainder of the validity period of the previously concluded agreement on the provision of a fishing area in accordance with Article 21 of the Federal Law.

9. A fish farm that wishes to conclude an agreement for the use of a fish breeding site shall apply to the authorized body with a notification containing the following information:

a) full and abbreviated (if any) name, location and address, as well as bank details, taxpayer identification number, main state registration number, contact telephone number - for a legal entity or peasant (farm) enterprise created as a legal entity;

b) last name, first name, patronymic (if available), identification document details, place of residence, bank details, taxpayer identification number, insurance number of an individual personal account in the compulsory pension insurance system, contact telephone number - for an individual entrepreneur or peasant (farmer) a farm created without forming a legal entity;

c) last name, first name, patronymic (if any) of the person authorized to act on behalf of the fish farm (hereinafter referred to as the representative of the fish farm);

d) bank account details;

e) date of conclusion and number of the previously concluded agreement for the use of the fish breeding area;

f) the name of the body that previously concluded the agreement for the use of the fish breeding area.

10. The following documents are attached to the notification:

a) transfer act (if, after concluding an agreement for the use of a fish-breeding site, the fish-breeding farm carried out a reorganization in the form of division or allocation);

b) a proposal from the fish farm to change the terms of the agreement for the use of the fish farm.

11. The notification and the documents attached to it, provided for in paragraph 10 of these Rules, are sent by the fish farm to the authorized body on paper in person or through a representative of the fish farm or by registered mail with return receipt requested or in the form of an electronic document signed with an enhanced qualified electronic signature, through the information and telecommunications network "Internet", including using the federal state information system "Unified portal of state and municipal services (functions)".

12. The authorized body, within one working day from the date of submission of the notification and the documents attached to it, provided for in paragraph 10 of these Rules, requests from the Federal Tax Service, using a unified system of interdepartmental electronic interaction in relation to fish farming, information contained in the Unified State Register of Legal Entities (Unified State Register of Individual Entrepreneurs).

13. A fish farm has the right, on its own initiative, to submit to the authorized body the information specified in paragraph 12 of these Rules, received no earlier than 6 months before the date of submission of the notification and the documents attached to it, provided for in paragraph 10 of these Rules.

14. The authorized body considers the notification and the documents attached to it, provided for in paragraph 10 of these Rules, within 30 days from the date of their receipt and makes a decision to conclude an agreement with the fish farm for the use of the fish breeding site or to refuse to conclude such an agreement.

15. The authorized body refuses to conclude an agreement for the use of a fish-breeding area on the following grounds:

a) the notification and the documents attached to it, provided for in paragraph 10 of these Rules, were submitted in violation of the deadlines established by paragraph 3 of these Rules;

b) the fish farm does not meet any of the requirements provided for in paragraph 4 of these Rules.

16. The decision to refuse to enter into an agreement for the use of a fish-breeding area, adopted by the authorized body on the grounds specified in paragraph 15 of these Rules, within 2 working days from the date of its adoption, is sent (delivered) to the fish farm by registered mail with return receipt requested or in the form of an electronic document signed with an enhanced qualified electronic signature, via the Internet information and telecommunications network, including using the federal state information system "Unified portal of state and municipal services (functions)".

17. The fish farm has the right to re-send the notification and the documents attached to it, provided for in paragraph 10 of these Rules, to the authorized body after eliminating the circumstances that served as the basis for the decision to refuse to conclude an agreement for the use of the fish farm.

Submission and consideration of a repeated notification by the authorized body is carried out in the manner prescribed by these Rules for the submission and consideration of an initial notification, taking into account compliance with the deadlines provided for in paragraph 3 of these Rules.

18. If there are no grounds for making a decision to refuse to conclude an agreement for the use of a fish-breeding area, specified in paragraph 15 of these Rules, the authorized body draws up an agreement for the use of a fish-breeding area in 2 copies, taking into account the requirements of the Federal Law.

The authorized body, within 2 working days from the date of the decision to conclude an agreement for the use of a fish farm, transfers both copies of the agreement to the representative of the fish farm personally with a receipt stamp or sends them to the fish farm by mail with acknowledgment of delivery to the address of the fish farm indicated in the notification with an indication details of a bank account that is opened for the Federal Treasury at the institution of the Central Bank of the Russian Federation for accounting and distribution of income between the budgets of the budget system of the Russian Federation, to which the fee provided for in Part 1 of Article 9 of the Federal Law (hereinafter referred to as the fee) is subject to crediting.

The amount of the fee is determined in accordance with the rules for calculating and collecting fees for the use of fish-breeding areas, established by the Ministry of Agriculture of the Russian Federation in accordance with paragraph 83 of the Rules for organizing and conducting bidding (competitions, auctions) for the right to conclude an agreement for the use of fish-breeding areas, approved by the Decree of the Government of the Russian Federation dated 15 May 2014 N 450 "On approval of the Rules for organizing and conducting bidding (competitions, auctions) for the right to conclude an agreement for the use of a fish breeding area."

The fish farm, within 7 working days from the date of receipt of 2 copies of the agreement for the use of the fish breeding area, signs and submits them to the authorized body in person or sends them by mail with acknowledgment of receipt, attaching a document confirming payment of the fee.

The authorized body, within 5 working days from the date of receipt of copies of the agreement for the use of the fish-breeding site signed by the fish farm, checks the receipt of the fee in the account and, if it is received, signs both copies of the agreement for the use of the fish-breeding site and transfers one copy of the agreement to the fish farm personally or sends it by mail with notification of delivery to the address of the fish farm specified in the notification.

Failure to personally present or send by post the fish farm within the specified period of 2 signed copies of the agreement for the use of the fish breeding site or failure to pay the fee within the specified time frame is recognized as the refusal of the fish farm to conclude an agreement for the use of the fish breeding site.

19. If a fish farm refuses to enter into an agreement for the use of a fish farm, the authorized body, within 5 working days from the date of receipt of such refusal, returns the fee to the fish farm.

20. The agreement for the use of the fish breeding area is signed by:

a) on the part of the authorized body - the head of the authorized body or an official authorized by the head;

b) on the part of the fish farm - the head of a legal entity, the head of a peasant (farm) farm, an individual entrepreneur or a representative of the fish farm with an identification document and documents confirming the authority to act on behalf of the fish farm.

21. The fee paid by the fish farm is subject to transfer by the authorized body to the appropriate budget in accordance with the standards for the distribution of income between the budgets of the budget system of the Russian Federation, established by the Budget Code of the Russian Federation, the law (decision) on the budget, in full within 3 working days from the day of signing the agreement for use of the fish breeding area.

In accordance with “Part 2 of Article 13.3” 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” the Government of the Russian Federation decides:

1. Approve the attached “Rules” for the formation and maintenance of a unified register of inspections.

2. To establish that the provisions of the “Rules” approved by this resolution, regarding the assignment of an accounting number to inspections and the inclusion of information about inspections in the unified register of inspections, apply to inspections carried out in the exercise of federal state control (supervision) by executive authorities of the constituent entities of the Russian Federation, and inspections carried out in the exercise of regional state control (supervision), from July 1, 2016, in relation to inspections carried out in the exercise of municipal control, from January 1, 2017.

3. The implementation of this resolution is carried out within the limits established by the Government of the Russian Federation of the maximum number of employees of federal executive bodies and the funds provided to these bodies for leadership and management in the field of established functions.

Chairman of the Government

Russian Federation

D.MEDVEDEV

Approved

Government resolution

Russian Federation

RULES FOR FORMATION AND MAINTENANCE OF A UNIFIED REGISTER OF INSPECTIONS

I. General provisions

1. These Rules establish the procedure for the formation and maintenance of a unified register of inspections in the exercise of state control (supervision) and municipal control in the Russian Federation.

2. The Unified Register of Inspections contains information on scheduled and unscheduled inspections of legal entities and individual entrepreneurs conducted in accordance with 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” (hereinafter referred to as the Federal law), about their results and about the measures taken to suppress and (or) eliminate the consequences of identified violations.

3. The creation of a unified register of inspections, which is a federal state information system, is carried out by the operator of a unified register of inspections in accordance with the legislation of the Russian Federation on information, information technology and information protection, the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to ensure state and municipal needs, taking into account the functional requirements for the specified system, developed by the operator of the unified register of inspections in agreement with the Ministry of Economic Development of the Russian Federation.

4. Commissioning of the unified register of inspections is carried out by the operator of the unified register of inspections in accordance with the “resolution” of the Government of the Russian Federation of September 10, 2009 N 723 “On the procedure for commissioning certain state information systems” based on the results of acceptance tests.

5. The functioning of the unified register of inspections can be carried out using infrastructure that ensures information and technological interaction of information systems used to provide state and municipal services and perform state and municipal functions in electronic form.

6. Interaction with the federal state information system "Unified portal of state and municipal services (functions)" is carried out using a unified system of interdepartmental electronic interaction.

7. Providing consulting support to state control (supervision) bodies, municipal control bodies and government agencies authorized in accordance with federal laws to exercise state control (supervision) (hereinafter referred to as control bodies), on the use of the unified register of inspections is carried out by the operator of the unified register of inspections .

8. The formation and maintenance of a unified register of inspections is carried out using technologies that make it possible to ensure the collection and entry of information into the unified register of inspections by control authorities, storage of information, its systematization, updating, transmission, protection, analytical processing, as well as making changes to the unified register of inspections.

9. The Unified Register of Inspections is maintained in the state language of the Russian Federation.

10. Maintaining a unified register of inspections, entering relevant information into it and providing it is carried out taking into account the requirements of the legislation on state and other secrets protected by law, as well as taking into account the requirements of the legislation on personal data.

11. Each inspection in the unified register of inspections is assigned an account number, and for each entry the date of its entry into the unified register of inspections is indicated.

12. Control bodies:

a) take organizational and administrative measures providing for the identification of officials of control bodies authorized to enter information into the unified register of inspections;

b) enter information into the unified register of inspections in accordance with “Section IV” of these Rules;

c) bear responsibility for the accuracy of the information entered into the unified register of inspections.

II. Composition of information in the unified register of inspections

13. The Unified Register of Inspections includes:

a) information about the verification containing:

registration number and date of assignment of the verification registration number;

date and number of the order or order of the head (deputy head) of the control body to conduct the inspection;

start and end dates of the inspection;

legal grounds for conducting an inspection, including mandatory requirements subject to inspection and requirements established by municipal legal acts;

goals, objectives, subject of the inspection and the period for its implementation;

type of inspection (scheduled, unscheduled);

inspection form (on-site, documentary);

timing and list of control measures necessary to achieve the goals and objectives of the audit;

information on the coordination of the inspection with the prosecutor's office if such coordination was carried out;

information on the inclusion of a scheduled inspection in the annual consolidated plan for conducting scheduled inspections;

b) information about the control body containing:

name of the control body;

surname, name, patronymic (the latter - if available) and position of the official (officials) authorized to conduct the inspection, as well as experts, representatives of expert organizations involved in the inspection;

an indication of the register number of the function in the federal state information system "Federal Register of State and Municipal Services (functions)";

c) information about the person in respect of whom the inspection is being carried out, containing:

name of the legal entity or last name, first name, patronymic (the latter - if available) of the individual entrepreneur in respect of whom the audit is being carried out;

state registration number of the record on the creation of a legal entity, state registration number of the record on the state registration of an individual entrepreneur and taxpayer identification number;

location of the legal entity (its branches, representative offices, separate structural divisions) in respect of which the inspection is being carried out;

the place of actual activity of the legal entity (its branches, representative offices, separate structural divisions) or individual entrepreneur in respect of whom the inspection is being carried out;

location of hazardous production facilities, hydraulic structures, nuclear energy facilities, if control measures are taken in relation to such facilities;

d) information about the notification of the person being inspected about the inspection, indicating the date and method of notification in cases provided for by the Federal “law”;

e) information about the results of the inspection, containing:

date, time and place of drawing up the inspection report;

date, time, duration and place of the inspection;

the name of the legal entity being inspected or the last name, first name and patronymic (the latter - if available) of an individual entrepreneur;

last name, first name, patronymic (the latter - if available) and position of the official (officials) who conducted the inspection;

last name, first name, patronymic (the latter - if available) and position of the manager, other official of the legal entity, authorized representative of the legal entity, authorized representative of the individual entrepreneur who were present during the inspection;

information about familiarization or refusal to familiarize with the inspection report of the manager, other official or authorized representative of a legal entity, individual entrepreneur, his authorized representative present during the inspection, the presence of their signatures or refusal to sign;

information about identified violations of mandatory requirements and requirements established by municipal legal acts, about their nature and about the persons who committed these violations (indicating the provisions of legal acts);

information about the discrepancy between the information contained in the notification of the commencement of certain types of business activity and mandatory requirements (indicating the provisions of regulatory legal acts);

an indication of the absence of identified violations of mandatory requirements or requirements established by municipal legal acts (if no violations of mandatory requirements or requirements established by municipal legal acts have been identified);

information about the reasons for the impossibility of conducting the inspection (if the inspection was not carried out);

f) information on measures taken based on the results of the inspection, containing:

information about issued orders to eliminate identified violations and (or) to take measures to prevent harm (details, deadline, content of the order);

information on sending materials about identified violations of mandatory requirements or requirements established by municipal legal acts to state bodies and local government bodies in accordance with their competence;

information about facts of non-compliance with the instructions of the control authorities to eliminate the identified violation of mandatory requirements and (or) requirements established by municipal legal acts (indicating the details of the issued instructions);

a list of measures taken to ensure proceedings in the case of an administrative offense;

information on bringing the perpetrators to administrative responsibility;

information on the suspension or cancellation of previously issued permits, licenses, accreditation certificates and other documents of a permissive nature;

information about product recalls;

information about the fulfillment by the person in respect of whom the inspection was carried out of the order to eliminate the identified violations;

information on the execution of the decision in the case of an administrative offense;

information about appealing decisions and actions (inaction) of the control body or its officials and the results of such appeal;

g) information about the cancellation of the inspection results, if such cancellation was made.

III. Procedure for assigning a verification account number

14. The inspection registration number is assigned automatically from the moment the information specified in “subparagraphs “a” - “c” of paragraph 13” of these Rules is entered into the unified register of inspections.

The verification account number is assigned once and cannot be changed.

The account number is not reused.

15. The verification account number consists of the following parts:

a) 1st part - two digits defining the region code at the place where the order was issued by the head (deputy head) of the control body to conduct an inspection (if it is impossible to determine the region code, the value “00” is indicated);

b) 2nd part - two digits defining the last two digits of the year of the inspection;

c) 3rd part - eight digits defining the sequence number of the check, generated for each new check sequentially.

IV. The procedure for including information in the unified register of inspections

16. When organizing and conducting scheduled and unscheduled inspections, with the exception of unscheduled inspections specified in "clause 17" of these Rules, the information specified in "subparagraphs "a" - "c" of paragraph 13" of these Rules must be entered into a single register of inspections by an authorized official of the control body no later than 3 working days from the date of issuance of the order or order of the head (deputy head) of the control body to conduct an inspection.

17. When organizing and conducting unscheduled inspections on the grounds specified in “clause 2 of part 2” and “part 12 of article 10” of the Federal Law, as well as unscheduled inspections, when carried out in accordance with federal laws establishing the specifics of organizing and conducting inspections, there is no requirement to notify the inspected persons about the start of an unscheduled inspection; the information specified in “subparagraphs “a” - “c” of paragraph 13” of these Rules is subject to entry into the unified register of inspections by an authorized official of the control body no later than 5 working days from the date start of the inspection.

18. The information specified in “subparagraph “d” of paragraph 13” of these Rules is subject to entry into the unified register of inspections by an authorized official of the control body no later than the day the notification is sent.

19. The information specified in “subparagraph “d” of paragraph 13” of these Rules is subject to entry into the unified register of inspections by an authorized official of the control body no later than 10 working days from the date of completion of the inspection.

20. The information specified in “subparagraph “e” of paragraph 13” of these Rules is subject to entry into the unified register of inspections by an authorized official of the control body no later than 5 working days from the date of receipt of such information by the control body.

21. Information contained in the information systems of control bodies and subject to placement in the unified register of inspections can be placed in the unified register of inspections in an automated mode by organizing the interaction of the unified register of inspections with other information systems. The grounds and procedure for connecting other information systems to the unified register of inspections are determined by the operator of the unified register of inspections.

22. Amendments to the unified register of inspections in terms of correcting technical errors are carried out by an authorized official of the control body immediately from the moment technical errors are identified.

In case of cancellation of the results of an inspection, information about this must be entered into the unified register of inspections by an authorized official of the control body no later than 3 working days from the date of receipt of the specified information by the control body.

Applications from interested parties to make changes to the unified register of inspections in terms of correcting false information contained in the unified register of inspections are considered by the head (deputy head) of the control body who issued the order or order to conduct the inspection, no later than 10 working days from the date of receipt of the application to the control body.

If such appeals are recognized as justified, the specified information is corrected by an authorized official of the control body no later than one working day from the date of consideration of the appeal.

V. Procedure for providing information and ensuring access

to the information contained in the unified register of inspections

23. The provision of information contained in the unified register of inspections is carried out by providing access to the unified register of inspections free of charge.

24. The prosecutor's office, the Ministry of Economic Development of the Russian Federation, as well as the Commissioner under the President of the Russian Federation for the Protection of the Rights of Entrepreneurs have unlimited access to the information contained in the unified register of inspections.

The central offices of federal executive authorities authorized to exercise state control (supervision) have access to the information specified in “Clause 13” of these Rules, contained in the unified register of inspections, in relation to inspections within their established competence.

The Commissioner for the Protection of the Rights of Entrepreneurs in a constituent entity of the Russian Federation has access to the information specified in “clause 13” of these Rules contained in the unified register of inspections in relation to inspections carried out on the territory of the relevant constituent entity of the Russian Federation.

Territorial bodies of federal executive authorities authorized to exercise state control (supervision), executive authorities of constituent entities of the Russian Federation authorized to exercise state control (supervision), government institutions authorized in accordance with federal laws to exercise state control (supervision) have access to the information specified in “clause 13” of these Rules, contained in the unified register of inspections, in relation to inspections carried out on the territory of the relevant constituent entity of the Russian Federation, within their established competence.

Local government bodies authorized to exercise municipal control have access to the information specified in “Clause 13” of these Rules, contained in the unified register of inspections, in relation to inspections carried out by the relevant local government body.

25. Access to publicly available information contained in the unified register of inspections specified in “Part 3 of Article 13.3” of the Federal Law is provided to an unlimited number of persons from the moment the specified information is entered into the unified register of inspections through its placement by the operator of the unified register of inspections on a specialized website in the information telecommunications network "Internet", including in the form of open data.

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