ORDER OF THE MINISTRY OF CONSTRUCTION AND HOUSING AND COMMUNAL SERVICES OF THE RUSSIAN FEDERATION

of August 29, 2016 No. 599/pr

About approval of Administrative regulations on provision by the Ministry of Construction and Housing and Communal Services of the Russian Federation of the state service in confirmation of suitability for application in construction of new products, requirements to which are not regulated by regulating documents fully or partially and on which safety and reliability of buildings and constructions depend

According to the Federal Law of July 27, 2010 No. 210-FZ "About the organization of provision of the state and municipal services" (The Russian Federation Code, 2010, No. 31, Art. 4179; 2011, No. 15, Art. 2038; No. 27, Art. 3873, 3880; No. 29, Art. 4291; No. 30, Art. 4587; No. 49, Art. 7061; 2012, No. 31, Art. 4322; 2013, No. 14, Art. 1651; No. 27, Art. 3477, 3480; No. 30, Art. 4084; No. 51, Art. 6679; No. 52, Art. 6952, 6961, 7009; 2014, No. 26, Art. 3366; No. 30, Art. 4264; No. 49, Art. 6928; 2015, No. 1, Art. 67, 72; No. 10, Art. 1393; No. 29, Art. 4342, 4376; 2016, No. 7, Art. 916; No. 27, the Art. 4293), subitem 5.4.4 of the Regulations on the Ministry of Construction and Housing and Communal Services of the Russian Federation approved by the order of the Government of the Russian Federation of November 18, 2013 No. 1038 (The Russian Federation Code, 2013, No. 47, Art. 6117; 2014, No. 12, Art. 1296; No. 40, Art. 5426; No. 50, Art. 7100; 2015, No. 2, Art. 491; No. 4, Art. 660; No. 22, Art. 3234; No. 23, Art. 3311, Art. 3334; No. 24, Art. 3479; No. 46, Art. 6393; No. 47, Art. 6586, Art. 6601; 2016, No. 2, Art. 376; No. 6, Art. 850; No. 28, the Art. 4741), and also the order of the Government of the Russian Federation of May 16, 2011 No. 373 "About development and approval of administrative regulations of execution of the state functions and administrative regulations of provision of the state services" (The Russian Federation Code, 2011, No. 22, Art. 3169; No. 35, Art. 5092; 2012, No. 28, Art. 3908; No. 36, Art. 4903; No. 50, Art. 7070; No. 52, Art. 7507; 2014, to No. 5, of the Art. 506), I order:

1. Approve the enclosed Administrative regulations on provision by the Ministry of Construction and Housing and Communal Services of the Russian Federation of the state service in confirmation of suitability for application in construction of new products, requirements to which are not regulated by regulating documents fully or partially and on which safety and reliability of buildings and constructions depend.

2. To impose control of execution of this order on the deputy minister of construction and housing and communal services of the Russian Federation H. D. Mavliyarov.

Approved by the Order of the Ministry of Construction and Housing and Communal Services of the Russian Federation of August 29, 2016, No. 599/pr

Administrative regulations on provision by the Ministry of Construction and Housing and Communal Services of the Russian Federation of the state service in confirmation of suitability for application in construction of new products, requirements to which are not regulated by regulating documents fully or partially and on which safety and reliability of buildings and constructions depend

I. General provisions

Subject of regulation of regulations

1. The administrative regulations on provision by the Ministry of Construction and Housing and Communal Services of the Russian Federation of the state service in confirmation of suitability for application in construction of new products, requirements to which are not regulated by regulating documents fully or partially and on which safety and reliability of buildings and constructions depend (further respectively - Administrative regulations, the state service) establish terms and the sequence of ministerial procedures (actions) of the Ministry of Construction and Housing and Communal Services of the Russian Federation (further - the Ministry), order of interaction between structural divisions, subordinated organizations, and also interactions of the Ministry with applicants.

Circle of applicants

2. Applicant on receipt of the state service is the legal entity or physical person registered as the individual entrepreneur or his authorized representative (further - the applicant).

Requirements to procedure for informing on provision of the state service

3. Ministry location: 127994, Moscow, Ulitsa Sadovaya-Samotechnaya, 10/23, structure 1.

The location of Federal autonomous institution "The Federal Center of Regulation, Standardization and Technical Assessment of Compliance in Construction" (further - FAU "FTsS"): 109316, Moscow, Volgogradsky Prospekt, 45, p. 1.

4. Schedule (mode) of work of the Ministry, FAU "FTsS":

Monday - 09.00 - 18.00;

Tuesday - 09.00 - 18.00;

environment - 09.00 - 18.00;

Thursday - 09.00 - 18.00;

Friday - with 09.00 - 16.45;

Saturday, Sunday - the days off.

5. Single telephone number for enquiries: +7 (495) 647-15-80.

Phone of the structural division responsible for provision of the state service: +7 (495) 647-15-80, additional 56000.

Phone FAU "FTsS": +7 (495) 133-01-57.

6. The address of the official site of the Ministry on the Internet (further - the Internet): www.minstroyrf.ru

The address of the official site of FAU "FTsS" on the Internet: www.faufcc.ru

E-mail address of the Ministry: minstroy@minstroyrf.ru

E-mail address FAU "FTsS": info@faufcc.ru

7. Information on procedure for provision of the state service, including on the location, contact telephone numbers, on the official site on the Internet, the e-mail address, about the working schedule of the Ministry, about terms of provision of the state service, about procedure for provision of the state service, about procedure for appeal of decisions, the actions (failure to act) taken and performed by workers or officials of the Ministry during provision of the state service is provided in case of the address by mail, to phone, by means of the official site of the Ministry on the Internet, the information stands placed in reception of the Ministry, or e-mail. Information of general nature (about the location, the working schedule) can be provided with use of means of autoinforming.

8. Information in appropriate section on the official site of the Ministry on the Internet is updated in process of entering of changes into it.

9. In the answer to oral addresses (by phone) the federal government civil servant of the Ministry it is detailed and in polite (correct) form informs addressed on the questions interesting them. The response to phone call shall begin with information on the name of body which the applicant, surname, name, middle name (in the presence) and positions of the worker who received phone call called.

If the essence of the question posed is not within the competence of the official who received phone call, it shall be readdressed (is transferred) to the official with necessary competence, or telephone number according to which it is possible to obtain necessary information shall be told the applicant, or it is offered to state address essence in writing.

10. The structural division of the Ministry responsible for provision of the state service, the possibility of receipt by the applicant of information on the state service by means of telephone communication during all duration of the working day established in the Ministry shall be provided.

11. Publication (placement, distribution) of information on procedure for provision of the state service in mass media is performed in accordance with the legislation of the Russian Federation about mass media, the legislation of the Russian Federation on ensuring access to information on activities of state bodies and local government bodies, other regulatory legal acts of the Russian Federation regulating questions of placement of information in mass media.

II. Standard of provision of the state service

Name of the state service

12. The state service in confirmation of suitability for application in construction of new products, requirements to which are not regulated by regulating documents fully or partially and on which safety and reliability of buildings and constructions depend.

The name of the federal executive body providing the state service

13. The state service is provided by the Ministry.

14. Responsible - the deputy minister of construction and housing and communal services of the Russian Federation according to the established distribution of obligations, the director of the department of town-planning activities and architecture of the Ministry (further - Department).

15. Direct performing procedures, connected with provision of the state service, is performed by the government civil servants of Department (further - officials).

16. By provision of the state service officials of the Ministry have no right to demand from the applicant of implementation of actions, not stipulated by the legislation the Russian Federation and Administrative regulations, including the approvals necessary for receipt of the state service connected with the appeal to other state bodies, local government bodies and the organizations.

Description of result of provision of the state service

17. Issue of the technical certificate on suitability of new products for application in construction in the territory of the Russian Federation (further - the technical certificate) or the decision on refusal in confirmation of suitability of new products for application in construction in the territory of the Russian Federation is result of provision of the state service.

The term of provision of the state service, including taking into account need of the appeal to the organizations participating in provision of the state service, the term of issue (direction) of the documents which are result of provision of the state service

18. According to item 11 of the Procedure for confirmation of suitability of new materials, products, designs and technologies for the application in construction approved by the resolution of the State Committee for Construction of Russia of July 1, 2002 No. 76 "About the Procedure for confirmation of suitability of new materials, products, designs and technologies for application in construction" (it is registered by the Ministry of Justice of the Russian Federation on August 2, 2002, registration No. 3659) (further - the Procedure), the term of provision of the state service shall not exceed three months from the date of application for confirmation of suitability for application in construction of new products, requirements to which are not regulated by regulating documents fully or partially and on which safety and reliability of buildings and constructions depend (further - the request).

19. According to the written appeal of the applicant to the Ministry about suspension of provision of the state service (with indication of the reasons and the offered suspension term) consideration of the request can be suspended.

The list of the regulatory legal acts governing the relations arising in connection with provision of the state service

20. Provision of the state service is performed according to:

The Federal Law of July 27, 2010 No. 210-FZ "About the organization of provision of the state and municipal services" (The Russian Federation Code, 2010, No. 31, Art. 4179; 2011, No. 15, Art. 2038; No. 27, Art. 3873, 3880; No. 29, Art. 4291; No. 30, Art. 4587; No. 49, Art. 7061; 2012, No. 31, Art. 4322; 2013, No. 14, Art. 1651; No. 27, Art. 3477, 3480; No. 30, Art. 4084; No. 51, Art. 6679; No. 52, Art. 6952, 6961, 7009; 2014, No. 26, Art. 3366; No. 30, Art. 4264; No. 49, Art. 6928; 2015, No. 1, Art. 67, 72; No. 10, Art. 1393; No. 29, Art. 4342, 4376; 2016, No. 7, Art. 916; No. 27, Art. 4293);

the order of the Government of the Russian Federation of December 27, 1997 No. 1636 "About Rules of confirmation of suitability of new materials, products, designs and technologies for application in construction" (The Russian Federation Code, 1998, No. 1, Art. 138; 2015, No. 2, Art. 522);

the order of the Government of the Russian Federation of May 16, 2011 No. 373 "About development and approval of administrative regulations of execution of the state functions and administrative regulations of provision of the state services" (The Russian Federation Code, 2011, No. 22, Art. 3169; No. 35, Art. 5092; 2012, No. 28, Art. 3908; No. 36, Art. 4903; No. 50, Art. 7070; No. 52, Art. 7507; 2014, No. 5, Art. 506);

the order of the Government of the Russian Federation of August 16, 2012 No. 840 "About procedure for giving and consideration of claims to decisions and actions (failure to act) of federal executive bodies and their officials, federal government employees, officials of state non-budgetary funds of the Russian Federation, and also State Atomic Energy Corporation "Rosatom" and its officials" (The Russian Federation Code, 2012, No. 35, Art. 4829; 2014, No. 50, Art. 7113; 2015, No. 47, Art. 6596);

the order of the Government of the Russian Federation of November 18, 2013 No. 1038 "About the Ministry of Construction and Housing and Communal Services of the Russian Federation" (The Russian Federation Code, 2013, No. 47, Art. 6117; 2014, No. 12, Art. 1296; No. 40, Art. 5426; No. 50, Art. 7100; 2015, No. 2, Art. 491; No. 4, Art. 660; No. 22, Art. 3234; No. 23, Art. 3311, 3334; No. 24, Art. 3479; No. 46, Art. 6393; No. 47, Art. 6586, 6601; 2016, No. 2, Art. 376; No. 6, Art. 850; No. 28, Art. 4741);

the resolution of State committee of the Russian Federation for construction and housing and communal complex of July 1, 2002 No. 76 "About the Procedure for confirmation of suitability of new materials, products, designs and technologies for application in construction".

The exhaustive list of the documents necessary according to regulatory legal acts for provision of the state service and services which are necessary and obligatory for provision of the state service, subject to representation by the applicant, methods of their obtaining by the applicant, including electronically, procedure for their representation

21. The basis for execution of the state service is the request provided by the applicant with appendix of the proving materials provided by item 9 of the Procedure (further - the enclosed documentation).

22. The requests and the enclosed documentation specified in Item 21 are represented by the applicant or his authorized representative directly to FAU "FTsS", or go the mailing with the inventory of investment and the assurance of receipt or in electronic form, signed by the digital signature, sent to the e-mail address FAU "FTsS".

23. FAU "FTsS" performs acceptance of the request and the enclosed documentation according to the working schedule FAU "FTsS".

The exhaustive list of the documents necessary according to regulatory legal acts for provision of the state service which are at the disposal of the state bodies, local government bodies and other bodies participating in provision of the state or municipal services and which the applicant has the right to provide, and also methods of their obtaining by the applicant, including electronically, procedure for their representation

24. The documents necessary according to regulatory legal acts for provision of the state service which are at the disposal of the state bodies, local government bodies and other bodies participating in provision of the state or municipal services and which the applicant has the right to provide are not provided.

The prohibition to demand from the applicant of submission of documents and information or implementation of actions by provision of the state service

25. The ministry has no right to demand from the applicant:

1) submissions of documents and information or implementation of actions, representation or implementation of which it is not provided by the regulatory legal acts governing the relations arising in connection with provision of the state service;

2) submissions of documents and information which are at the disposal of state bodies, local government bodies according to regulatory legal acts of the Russian Federation, except for the documents specified in part 6 of article 7 of the Federal Law of July 27, 2010 to No. 210-FZ "About the organization of provision of the state and municipal services".

The exhaustive list of the bases for refusal in documents acceptance, necessary for provision of the state service

26. The basis for refusal in acceptance of the request and the enclosed documentation is their giving on fax connection.

The exhaustive list of the bases for suspension or refusal in provision of the state service

27. The ministry makes the decision on refusal in provision of the state service in the following cases:

1) discrepancy to the enclosed documentation submitted with the request to the structure of specifications of the shown products provided by item 9 of the Procedure;

2) lack of need for check and confirmation of suitability of the declared products based on the order of the Government of the Russian Federation of December 27, 1997 No. 1636 "About Rules of confirmation of suitability of new materials, products, designs and technologies for application in construction" and resolutions of the State Committee for Construction of Russia of July 1, 2002 No. 76 "About the Procedure for confirmation of suitability of new materials, products, designs and technologies for application in construction".

28. The ministry has the right to make the decision on suspension of provision of the state service in the written appeal of the applicant to the Ministry on suspension of provision of the state service.

The list of services which are necessary and obligatory for provision of the state service, including data on the document (documents) issued (issued) by the organizations participating in provision of the state service

29. Services which are necessary and obligatory for provision of the state service, are not provided.

Procedure, the size and the bases of collection of the state fee or other payment levied for provision of the state service

30. The state service is provided without collection of the state fee or other payment.

Procedure, the size and the bases of collection of payment for provision of services which are necessary and obligatory for provision of the state service, including information on method of calculation of such payment

31. Collection of payment for provision of services which are necessary and obligatory for provision of the state service, is not provided.

The maximum term of expectation in queue when giving request about provision of the state service and in case of receipt of result of provision of the state service

32. The maximum waiting time in queue in case of application and in case of receipt of the documents which are result of provision of the state service constitutes 15 minutes.

33. Waiting time in queue on acceptance to the official or for receipt of consultation shall not exceed 15 minutes.

The term and order of registration of the request of the applicant about provision of the state service, including electronically

34. The received application about provision of the state service is registered FAU "FTsS".

35. The request directed by means of the mailing or electronically is registered in accordance with the established procedure in FAU "FTsS" in day of its receipt in FAU "FTsS" from the organization of mail service or on the e-mail address FAU "FTsS".

If the request submitted by means of the mailing or electronically arrived in FAU "FTsS" from the organization of mail service or on the e-mail address FAU "FTsS" less than in 30 minutes prior to the termination of the working day, or is received in the day off, it is registered no later than 12:00 the next working day in time.

Requirements to rooms in which the state service, to the place of expectation and acceptance of applicants, placement and execution of visual, text and multimedia information on procedure for provision of such service is provided

36. Rooms in which the state service is provided shall:

be equipped with information plates (signs) with indication of number of office, surname, name, middle name and position of the specialist, operating mode;

correspond to comfortable conditions for applicants, including for persons with limited opportunities of health, and to optimal conditions of work of government employees with applicants on assistance to disabled people in overcoming the barriers preventing receipt of services by them on an equal basis with other persons;

provide possibility of independent movement on the territory in which objects are located (buildings, rooms), in which services, and also entrance to such objects and exit from them, landing in the vehicle and disembarkation from it, including with use of wheelchair are provided;

satisfy to health regulations, and also provide possibility of provision of the state service to persons with limited opportunities of health.

37. For expectation of acceptance by the applicant (his representatives) the places equipped with chairs and tables for possibility of document creation are allocated.

38. Characteristics of rooms in which the state service is provided regarding space-planning and constructive decisions, lighting, fire safety, the engineering equipment shall conform to requirements of the regulating documents existing in the territory of the Russian Federation.

Indicators of availability and quality of the state service, including the number of interactions of the applicant with officials by provision of the state service and their duration, possibility of receipt of the state service in the multipurpose center of provision of the state and municipal services, possibility of receipt of information on the course of provision of the state service, including with use of information and communication technologies

39. Treat the indicators characterizing quality and availability of the state service:

1) adherence to deadlines of provision of the state service;

2) lack of claims of applicants to violation of procedure for provision of the state service;

3) lack of appeals judicially actions (failure to act) of officials of the Ministry of provision of the state service;

4) satisfaction of citizens and organizations with quality and availability of the state service;

5) completeness, relevance and availability of information on procedure for provision of the state service.

40. In the course of provision of the state service the applicant interacts with officials of the Ministry in case of receipt of the technical certificate or decision on refusal in confirmation of suitability of new products for application in construction in the territory of the Russian Federation, or refusal in provision of the state service.

Duration of one interaction of the applicant with the official of the Ministry by provision of the state service does not exceed 15 minutes.

41. The possibility of receipt of information on the course of provision of the state service, including with use of information and communication technologies is provided to the applicant.

Other requirements including considering features of provision of the state service in the multipurpose centers of provision of the state and municipal services and feature of provision of the state service electronically

42. The possibility of receipt of the state service in the multipurpose center of provision of the state and municipal services is not provided.

43. Other requirements and features of provision of the state service electronically are absent.

III. Structure, sequence and terms of accomplishment of ministerial procedures, requirements to procedure for their accomplishment, including features of accomplishment of ministerial procedures electronically

Exhaustive list of ministerial procedures

44. Provision of the state service includes the following ministerial procedures:

1) provision in accordance with the established procedure information to the applicant and ensuring access of the applicant to data on the state service;

2) acceptance and registration of the request with the enclosed documentation;

3) receipt by the applicant of data on the course of consideration of the request with the enclosed documentation;

4) preparation of the conclusion about possibility of preparation of the technical certificate;

5) consideration of the request with the enclosed documentation;

6) analysis of documentation, and also results of testing of new products for compliance to conditions of construction and operation of objects in the territory of the Russian Federation;

7) issue of documents by results of provision of the state service;

8) correction of the made typographical errors and error messages in given as a result of provision of the state service documents.

45. The flowchart of provision of the state service is given in appendix to Administrative regulations.

Provision in accordance with the established procedure information to applicants and ensuring access of applicants to data on the state service

46. Provision in accordance with the established procedure information to applicants and ensuring access of applicants to data on the state service; giving by the applicant of request and other documents necessary for provision of the state service, and acceptance of such request and documents; receipt by the applicant of data on the course of accomplishment of request about provision of the state service; other actions necessary for provision of the state service can be performed electronically.

47. Receipt of provision of the state service by the applicant of result electronically, including with use of the federal state information system "Single Portal of the State and Municipal Services (Functions)", is not provided.

48. The basis for ministerial procedure is placement in open access on the official site of the Ministry to the Internet of information on provision of the state service or the address of the applicant personally, by phone, by means of mailings, and also by e-mail for the purpose of receipt of consultation about provision of the state service.

49. Placement in open access on the official site of the Ministry on the Internet of information on provision of the state service is made by the officials of the Ministry responsible for placement of information on the official site.

50. Consultation of person in case of personal acceptance, by phone, by means of mailings, and also by e-mail is made by the officials of Department responsible for provision of the state service, according to the procedure, provided by Items 7 - 11 Administrative regulations.

51. Receipt by the applicant of information on provision of the state service is result of ministerial procedure.

Acceptance and registration of the request with the enclosed documentation

52. The basis for ministerial procedure is receipt in request FAU "FTsS" with the enclosed documentation one of the methods established by Administrative regulations.

53. The request with the enclosed documentation is registered in FAU "FTsS" according to the order of registration of incoming correspondence established in FAU "FTsS".

54. The term of passing of ministerial procedure shall not exceed 1 calendar day from receipt date of the request with the enclosed documentation in FAU "FTsS".

55. Result of ministerial procedure on acceptance and registration of the request with the enclosed documentation is assignment of the entering registration number FAU "FTsS".

Receipt by the applicant of data on the course of consideration of the request with the enclosed documentation

56. The basis for ministerial procedure is receipt of request from the applicant about the course of consideration of the request with the enclosed documentation.

57. In case of receipt of request from the applicant about the course of consideration of the request with the enclosed documentation in writing the official of Department responsible for provision of the state service, within 3 working days sends to the address of the applicant specified in the request, the written notice of the course of consideration of the request.

58. In case of receipt of request from the applicant electronically about the course of consideration of the request with the enclosed documentation the official of Department responsible for provision of the state service, within 3 working days sends to the applicant the notification on the course of consideration of the request on provision of the state service electronically to the e-mail address specified in the request.

59. Provision to the applicant of data on the course of consideration of the request with the enclosed documentation is result of ministerial procedure.

Preparation of the conclusion about possibility of preparation of the technical certificate

60. The basis for ministerial procedure is registration of FAU "FTsS" of the request with the enclosed documentation.

61. According to item 9 of the Procedure for FAU "FTsS" prepares the conclusion about possibility of preparation of the technical certificate.

62. By preparation of the conclusion about possibility of preparation of the technical certificate it is determined:

1) compliance to the enclosed documentation submitted with the request to the structure of specifications of the shown products provided by item 9 of the Procedure;

2) need for check and confirmation of suitability of the provided products according to the order of the Government of the Russian Federation of December 27, 1997 No. 1636 "About Rules of confirmation of suitability of new materials, products, designs and technologies for application in construction" and the resolution of the State Committee for Construction of Russia of July 1, 2002 No. 76 "About the Procedure for confirmation of suitability of new materials, products, designs and technologies for application in construction".

63. The term of passing of ministerial procedure shall not exceed 5 calendar days.

64. The conclusion about possibility of preparation of the technical certificate prepared by FAU "FTsS", the direction of the specified conclusion in the Ministry is result of ministerial procedure.

Consideration of the request with the enclosed documentation

65. The basis for ministerial procedure is receipt in the Ministry of the registered request FAU "FTsS" with the enclosed documentation and the conclusions of FAU "FTsS" about possibility of preparation of the technical certificate.

66. The term of passing of ministerial procedure shall not exceed 9 calendar days from registration date of the request with the enclosed documentation and the conclusions of FAU "FTsS" about possibility of preparation of the technical certificate in the Ministry.

67. Within consideration of the request with the enclosed documentation verification of the request and the enclosed documentation regarding availability (absence) of the bases for provision of the state service taking into account the conclusion of FAU "FTsS" about possibility of preparation of the technical certificate is performed.

68. According to results of verification of documents the official of Department responsible for preparation of documents prepares the draft of the relevant decision.

69. In the decision on refusal in provision of the state service all reasons (bases) which led to its acceptance shall be specified.

70. The decision on refusal signed by the authorized officer in provision of the state service is handed to the applicant or goes to it the registered mail with the assurance of receipt.

71. With the enclosed documentation its direction for carrying out the analysis of documentation, and also results of testing of new products for compliance to conditions of construction and operation of objects in the territory of the Russian Federation, and in the presence of the bases for refusal in provision of the state service - the direction to the applicant of the decision on refusal in provision of the state service is result of consideration of the request.

Analysis of documentation, and also results of testing of new products for compliance to conditions of construction and operation of objects in the territory of the Russian Federation

72. The basis for accomplishment of ministerial procedure is the direction of the request with the enclosed documentation for carrying out the analysis of documentation, and also results of testing of new products for compliance to conditions of construction and operation of objects in the territory of the Russian Federation.

73. The organization and work for confirmation of suitability of new products is performed according to the order of the Government of the Russian Federation of December 27, 1997 No. 1636 "About Rules of confirmation of suitability of new materials, products, designs and technologies for application in construction", the resolution of the State Committee for Construction of Russia of July 1, 2002 No. 76 "About the Procedure for confirmation of suitability of new materials, products, designs and technologies for application in construction".

74. The term of passing of ministerial procedure shall not exceed 65 calendar days.

75. The draft of the technical certificate (with appendix of the conclusion about suitability of new products) or the draft decision about refusal in confirmation of suitability of new products for application in construction in the territory of the Russian Federation is result of ministerial procedure.

Issue of documents by results of provision of the state service

76. The basis of the beginning of accomplishment of ministerial procedure is the draft of the technical certificate which is completely drawn up according to the established requirements (with appendix of the conclusion for confirmation of suitability of new products) or the draft decision about refusal in confirmation of suitability of new products for application in construction in the territory of the Russian Federation.

77. The official of Department responsible for issue of documents grants to the applicant the technical certificate which is drawn up in accordance with the established procedure or the decision on refusal in confirmation of suitability of new products.

78. The term of passing of ministerial procedure shall not exceed 10 calendar days.

79. Issue by the Ministry to the applicant of the technical certificate or decision on refusal in confirmation of suitability of new products for application in construction in the territory of the Russian Federation is result of ministerial procedure.

Correction of the made typographical errors and error messages in given as a result of provision of the state service documents

80. The basis of the beginning of accomplishment of ministerial procedure is the address of the applicant who received the technical certificate which is drawn up in accordance with the established procedure about correction of the made typographical errors and error messages in given as a result of provision of the state service documents.

81. The term of passing of ministerial procedure shall not exceed 10 calendar days from registration date of the address about correction of the made typographical errors and error messages in given as a result of provision of the state service documents.

82. The decision on correction of the made typographical errors and error messages in given as a result of provision of the state service documents is accepted if in the specified documents discrepancies to documentation attached to the request, and also the materials and regulating documents used by preparation of the technical certificate and conclusion for confirmation of suitability of new products are revealed.

83. Correction of the typographical errors made by the official of Department and error messages in given as a result of provision of the state service documents or the direction to the applicant of the answer with information on lack of typographical errors and error messages in given as a result of provision of the state service documents is result of ministerial procedure.

IV. Forms of control of provision of the state service

Procedure of the current control of observance and execution by responsible officials of provisions of Administrative regulations and other regulatory legal acts establishing requirements to provision of the state service and also adoption of decisions by them

84. The current control of provision of the state service provided by Administrative regulations is performed by the department director.

85. The current control is exercised by conducting checks of observance and execution by officials of the Ministry of provisions of Administrative regulations and other regulatory legal acts establishing requirements to provision of the state service.

Procedure and frequency of implementation of scheduled and unscheduled inspections of completeness and quality of provision of the state service, including procedure and forms of control of completeness and quality of provision of the state service

86. Control of completeness and quality of provision of the state service includes carrying out scheduled and unscheduled inspections of observance of procedures by provision of the state service, identification and elimination of violations of the rights of applicants, consideration of addresses, decision making and preparation of answers to the addresses of applicants containing claims to actions (failure to act) of officials of the Ministry.

87. Scheduled inspections are carried out according to the approved plan of activities of the Ministry.

88. Unscheduled inspections are carried out in connection with check of elimination of earlier revealed violations, and also in case of receipt of claims to actions (failure to act) of officials of the Ministry.

Responsibility of officials of the Ministry for the decisions and actions (failure to act) taken (performed) by them during provision of the state service

89. Responsibility for inadequate provision of the state service is conferred on authorized according to the established distribution of obligations of the deputy minister of construction and housing and communal services of the Russian Federation, the department director.

90. The personal responsibility for provision of the state service is enshrined in official regulations of the officials responsible for provision of the state service.

91. In case of identification of violations of Administrative regulations, the legislation of the Russian Federation or the rights of applicants involvement of perpetrators to disciplinary, civil, administrative and criminal liability according to the legislation on the public civil service of the Russian Federation is performed.

92. In case of accountability of officials of the Ministry of results of unscheduled inspection, guilty of violation of the law of the Russian Federation, to persons according to whose addresses it was performed, reported in writing about the taken measures within 10 calendar days from the date of acceptance of such measures.

Requirements to procedure and forms of control of provision of the state service, including from citizens, their associations and the organizations

93. The actions (failure to act) performed during provision of the state service based on Administrative regulations can be controlled as the applicant specified in Item 2 of Administrative regulations and other persons (citizens, legal entities) whose rights or legitimate interests were violated by the appealed actions (failure to act).

94. Citizens, their associations and the organization can report about all results of control of provision of the state service through feedback form on the official site of the Ministry on the Internet.

V. Pre-judicial (extrajudicial) procedure for appeal of decisions and actions (failure to act) of the Ministry, and also his officials

Information for the applicant on its right to make the complaint to the decision and (or) action (failure to act) of federal executive body and (or) its officials by provision of the state service

95. The applicant has the right to make the complaint to the decision and (or) action (failure to act) of the body providing the state service and also officials by provision of the state service.

Subject of the claim

96. Subject of the claim is violation of the rights and legitimate interests of interested persons, illegal decisions, actions (failure to act) of officials, violation of provisions of Administrative regulations, incorrect behavior or violation of office ethics during provision of the state service.

97. The interested person can address with the claim, including in the following cases:

1) violation of term of registration of request of the applicant about provision of the state service;

2) violation of term of provision of the state service;

3) the requirement at the applicant of the documents which are not provided by regulatory legal acts of the Russian Federation for provision of the state service;

4) refusal in documents acceptance at the applicant which are provided by regulatory legal acts of the Russian Federation, for provision of the state service;

5) refusal in provision of the state service if the bases of refusal are not provided by the Federal Laws and other regulatory legal acts of the Russian Federation accepted according to them;

6) request from the applicant by provision of the state service of the payment which is not provided by regulatory legal acts of the Russian Federation;

7) refusal of the Ministry, the official of the Ministry in correction of the made typographical errors and error messages in given as a result of provision of the state service documents or violation of fixed term of such corrections.

Public authorities and claims authorized for consideration officials to whom the claim can be sent

98. Claims to violation of procedure for provision of the state services of the Ministry are considered in the following procedure:

on the employee of Department - the deputy director of Department;

on the deputy director of Department - the department director;

on the department director - the deputy minister of construction and housing and communal services of the Russian Federation supervising activities of Department;

on the deputy minister of construction and housing and communal services of the Russian Federation - the Minister of Construction and Housing and Communal Services of the Russian Federation.

Procedure for giving and consideration of the claim

99. The claim goes by mail, by means of the official site of the Ministry to the Internet, and also can be accepted in case of personal acceptance of the applicant.

100. In case of submission of the claim in case of personal acceptance the applicant submits the document proving his identity, in accordance with the legislation of the Russian Federation.

101. If the claim is submitted through the applicant's representative, the document confirming powers on implementation of actions on behalf of the applicant is also submitted. As the document confirming powers on implementation of actions on behalf of the applicant it is represented:

1) the power of attorney which is drawn up in accordance with the legislation of the Russian Federation (for physical persons);

2) the power of attorney which is drawn up in accordance with the legislation of the Russian Federation certified by the applicant's seal (in the presence) and signed by the head of the applicant or person authorized by this head (for legal entities);

3) the copy of the decision on appointment or about election or the order on appointment of the physical person to position according to which such physical person has rights to act on behalf of the applicant without power of attorney.

102. In case of submission of the claim in electronic form documents can be submitted in the form of the electronic documents signed by the digital signature which type is stipulated by the legislation the Russian Federation at the same time the identity document of the applicant it is not required.

103. The claim shall contain:

1) the name of the body providing the state service, the official of the body providing the state service, decisions and actions (failure to act) of which are appealed;

2) surname, name, middle name (the last - in the presence), place of residence of the applicant - physical person or the name, data on the location of the applicant - the legal entity, and also number (numbers) of contact telephone number, the address (addresses) of e-mail (in the presence) and the postal address on which the answer shall be sent to the applicant;

3) data on the appealed decisions and actions (failure to act) of the body providing the state service, the official of the body providing the state service;

4) arguments based on which the applicant does not agree with the decision and action (failure to act) of the body providing the state service, the official of the body providing the state service.

104. The claim also may contain the documents (in the presence) confirming the applicant's arguments, or their copies.

Terms of consideration of the claim

105. The claim which arrived in the Ministry is subject to consideration by the official given authority on consideration of claims within 15 working days from the date of its registration.

The list of the bases for suspension of consideration of the claim if the possibility of suspension is stipulated by the legislation the Russian Federation

106. The bases for suspension of consideration of the claim are not provided by the legislation of the Russian Federation.

Result of consideration of the claim

107. By results of consideration of the claim one of the following decisions is accepted:

1) to satisfy the claim;

2) to refuse grievance settlement.

108. In grievance settlement refuses in the following cases:

1) availability of the judgment which took legal effect, Arbitration Court according to the claim about the same subject and of the same bases;

2) submission of the claim by person whose powers are not confirmed according to the procedure, established by the legislation of the Russian Federation;

3) availability of the decision according to the claim made earlier according to requirements of Rules of giving and consideration of claims to decisions and actions (failure to act) of federal executive bodies and their officials, federal government employees, officials of the state non-budgetary funds of the Russian Federation approved by the order of the Government of the Russian Federation of August 16, 2012 No. 840, concerning the same applicant and in the same subject of the claim.

The body authorized for consideration of the claim has the right to leave the claim without answer in the following cases:

1) availability in the claim of obscene or abusive terms, threats of life, to health and property of the official, and also members of his family;

2) lack of opportunity to read any part of the text of the claim, surname, name, middle name (in the presence) and (or) the postal address of the applicant, specified in the claim.

109. In case of establishment in the course or by results of consideration of the claim of signs of structure of administrative offense or signs of actus reus the official authorized for consideration of claims without delay directs the corresponding materials to bodies of prosecutor's office.

Procedure for informing applicant on results of consideration of the claim

110. No later than the day following behind day of the decision making specified to the applicant in writing and (at the request of the applicant) electronically, the motivated answer about results of consideration of the claim goes.

111. In the answer by results of consideration of the claim are specified:

1) the name of the body which considered the claim, position, surname, name, middle name (in the presence) of his official, made the decision according to the claim;

2) number, date, the place of decision making, including the information about the official, the decision or action (failure to act) of which is appealed;

3) surname, name, middle name (in the presence) or name of the applicant;

4) the bases for decision making according to the claim;

5) the decision made according to the claim;

6) if the claim is acknowledged reasonable, terms of elimination of the revealed violations, including term of representation of result of the state service;

7) data on procedure for appeal of the decision made according to the claim.

112. The answer by results of consideration of the claim is signed by the official authorized for consideration of the claim.

Procedure for appeal of the decision according to the claim

113. The applicant has the right to appeal the decisions made by results of consideration of the claim, in accordance with the legislation of the Russian Federation.

Applicant's right to receipt of information and documents necessary for reasons and consideration of the claim

114. The applicant has right to be informed and the documents necessary for reasons and consideration of the claim if other is not provided by the law.

Methods of informing applicant on procedure for giving and consideration of the claim

115. Information on procedure for giving and consideration of the claim is posted on the official site of the Ministry on the Internet, and also it is provided directly by officials of the Ministry in case of the personal address of the applicant, by phones for reference, and also in writing the mailing or the electronic message to the address specified by the applicant.

Appendix

to Administrative regulations on provision by the Ministry of Construction and Housing and Communal Services of the Russian Federation of the state service in confirmation of suitability for application in construction of new products, requirements to which are not regulated by regulating documents fully or partially and on which safety and reliability of buildings and constructions depend

See Appendix (7Kb In original language)

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info