Order of the Minister of Defence of the Russian Federation "About modification of Administrative regulations of execution by the Ministry of Defence Russian..."

The document ceased to be valid since February 21, 2025 according to the Order of the Minister of Defence of the Russian Federation of January 25, 2025 No. 47

It is registered

Ministry of Justice

Russian Federation

On October 9, 2017 No. 48465

ORDER OF THE MINISTER OF DEFENCE OF THE RUSSIAN FEDERATION

of September 11, 2017 No. 556

About modification of the Administrative regulations of execution by the Ministry of Defence of the Russian Federation of the state function on implementation of federal state supervision in the field of industrial safety on hazardous production facilities of the Ministry of Defence of the Russian Federation approved by the Order of the Minister of Defence of the Russian Federation of June 29, 2015 No. 365, and in Administrative regulations of execution by the Ministry of Defence of the Russian Federation of the state function on implementation of federal state supervision at all stages of lifecycle of lifting constructions and the equipment working under pressure as a part of arms and military equipment, No. 615 approved by the Order of the Minister of Defence of the Russian Federation of August 28, 2014

Make changes to the Administrative regulations of execution by the Ministry of Defence of the Russian Federation of the state function on implementation of federal state supervision in the field of industrial safety on hazardous production facilities of the Ministry of Defence of the Russian Federation approved by the order of the Minister of Defence of the Russian Federation of June 29, 2015 No. 365 (registration No. 38244), and in Administrative regulations of execution by the Ministry of Defence of the Russian Federation of the state function on implementation of federal state supervision at all stages of lifecycle of lifting constructions and the equipment working under pressure as a part of arms and military equipment is registered in the Ministry of Justice of the Russian Federation on July 28, 2015, No. 615 approved by the order of the Minister of Defence of the Russian Federation of August 28, 2014 (it is registered in the Ministry of Justice of the Russian Federation on February 19, 2015, registration No. 36111), according to the List (appendix to this order).

The Minister of Defence of the Russian Federation - the general

S. Shoygu

Appendix

to the Order of the Minister of Defence of the Russian Federation of September 11, 2017 No. 556

The list of the changes made to the Administrative regulations of execution by the Ministry of Defence of the Russian Federation of the state function on implementation of federal state supervision in the field of industrial safety on hazardous production facilities of the Ministry of Defence of the Russian Federation approved by the Order of the Minister of Defence of the Russian Federation of June 29, 2015 No. 365, and in Administrative regulations of execution by the Ministry of Defence of the Russian Federation of the state function on implementation of federal state supervision at all stages of lifecycle of lifting constructions and the equipment working under pressure as a part of arms and military equipment, No. 615 approved by the Order of the Minister of Defence of the Russian Federation of August 28, 2014

1. In Administrative regulations of execution by the Ministry of Defence of the Russian Federation of the state function on implementation of federal state supervision in the field of industrial safety on hazardous production facilities of the Ministry of Defence of the Russian Federation (appendix to the order of the Minister of Defence of the Russian Federation of June 29, 2015 No. 365):

Item 4 to state 1) in the following edition:

"4. Execution of the state function by the Ministry of Defence is performed according to the following regulatory legal acts:

Russian Federation Code of Administrative Offences (Russian Federation Code, 2002, No. 1, Art. 1; No. 30, Art. 3029; 2017, No. 31 (p. I), Art. 4828);

The Federal Law of December 26, 2008 No. 294-FZ "About protection of the rights of legal entities and individual entrepreneurs when implementing the state control (supervision) and municipal control" (The Russian Federation Code, 2008, No. 52 (p. I), Art. 6249; 2017, No. 18, Art. 2673);

The Federal Law of May 2, 2006 No. 59-FZ "About procedure for consideration of addresses of citizens of the Russian Federation" (The Russian Federation Code, 2006, No. 19, Art. 2060; 2015, No. 45, Art. 6206);

The Federal Law of December 27, 2002 No. 184-FZ "About technical regulation" (The Russian Federation Code, 2002, No. 52 (p. I), Art. 5140; 2017, No. 31 (p. I), Art. 4765);

The Federal Law of July 21, 1997 No. 116-FZ "About industrial safety of hazardous production facilities" (The Russian Federation Code, 1997, No. 30, Art. 3588; 2017, No. 11, Art. 1540);

The presidential decree of the Russian Federation of August 16, 2004 No. 1082 "Questions of the Ministry of Defence of the Russian Federation" (The Russian Federation Code, 2004, No. 34, Art. 3538; 2005, No. 37, Art. 3740; No. 38, Art. 3799; 2006, No. 17 (p. II), Art. 1819; 2007, No. 20, Art. 2391; No. 27, Art. 3255; No. 46, Art. 5565; 2008, No. 31, Art. 3705; No. 43, Art. 4921; No. 47, Art. 5430, 5431; 2009, No. 21, Art. 2550; No. 36, Art. 4311; 2010, No. 20, Art. 2435; No. 28, Art. 3656; No. 35, Art. 4530; 2011, No. 1, Art. 191; No. 2, Art. 267; No. 15, Art. 2082; No. 17, Art. 2356; No. 24, Art. 3405; No. 28, Art. 4170; No. 31, Art. 4708; No. 33, Art. 4924; No. 48, Art. 6877; 2012, No. 10, Art. 1194; No. 29, Art. 4074; No. 53 (p. II), Art. 7857; 2013, No. 26, Art. 3314; No. 30 (p. II), Art. 4085; No. 52 (p. II), Art. 7137; 2014, No. 5, Art. 481; No. 7, Art. 671; No. 24, Art. 3077; No. 44, Art. 6041; 2015, No. 1 (p. I), Art. 200; No. 4, Art. 641, No. 25, Art. 3644; 2016, No. 1, Art. 211; No. 14, Art. 1986; No. 39, Art. 5624; No. 49, Art. 6885; No. 50, Art. 7078; 2017, No. 14, Art. 2049; No. 23, Art. 3313);

the order of the Government of the Russian Federation of April 18, 2016 No. 323 "About sending an inquiry and obtaining on a grant basis, including electronically, documents and (or) information state control (supervision) bodies, bodies of municipal control under the organization and conducting checks from other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations at which disposal these documents and (or) information, within interdepartmental information exchange" (The Russian Federation Code, 2016, No. 17, of the Art. 2418) are;

the order of the Government of the Russian Federation of November 15, 2012 No. 1170 "About approval of the Regulations on federal state supervision in the field of industrial safety" (The Russian Federation Code, 2012, No. 48, the Art. 6679);

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 (p. VI), Art. 7070; No. 52, Art. 7507; 2014, No. 5, Art. 506);

the order of the Government of the Russian Federation of April 28, 2015 No. 415 "About Rules of forming and maintaining the unified register of checks" (The Russian Federation Code, 2015, No. 19, Art. 2825; 2016, No. 51, Art. 7406);

the order of the Government of the Russian Federation of June 30, 2010 No. 489 "About approval of Rules of preparation by state control (supervision) bodies and bodies of municipal control of annual plans of conducting planned inspections of legal entities and individual entrepreneurs" (The Russian Federation Code, 2010, No. 28, Art. 3706; 2012, No. 2, Art. 301; No. 53, Art. 7958; 2015, No. 49, Art. 6964; 2016, No. 1, Art. 234; No. 30, Art. 4928; No. 35, Art. 5326; No. 38, Art. 5542);

the order of the Ministry of Economic Development of the Russian Federation of April 30, 2009 No. 141 "About realization of provisions of the Federal Law "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control" (it is registered in the Ministry of Justice of the Russian Federation on May 13, 2009, registration No. 13915) (with the changes made by orders of the Ministry of Economic Development of the Russian Federation of May 24, 2010 No. 199 "About introduction of amendments to the order of the Ministry of Economic Development of the Russian Federation of April 30, 2009 No. 141 "About realization of provisions of the Federal Law "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control" (registration No. 17702) is registered in the Ministry of Justice of the Russian Federation on July 6, 2010, of September 30, 2011 No. 532 "About introduction of amendments to the order of the Ministry of Economic Development of the Russian Federation of April 30, 2009 No. 141 "About realization of provisions of the Federal Law "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control" (it is registered in the Ministry of Justice of the Russian Federation on November 10, 2011, registration No. 22264) and of September 30, 2016 No. 620 "About introduction of amendments to the order of the Ministry of Economic Development of the Russian Federation of April 30, 2009 No. 141 "About realization of provisions of the Federal Law "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control" (registration No. 44118) is registered in the Ministry of Justice of the Russian Federation on October 24, 2016;

2) Item 5 paragraph two after words "by means of the organization and conducting checks of legal entities and individual entrepreneurs," to add with words "the organizations and holding actions for prevention of violations of mandatory requirements, actions for control performed without interaction with legal entities, individual entrepreneurs";

3) in Item 6:

a) add with the paragraph the second the following content:

"request within interdepartmental information exchange the documents and (or) information included in the List of the documents and (or) information requested and received within interdepartmental information exchange by state control (supervision) bodies, bodies of municipal control under the organization and conducting checks from other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations at which disposal these documents and (or) information, No. 724-r approved by the order of the Government of the Russian Federation of April 19, 2016 (The Russian Federation Code, 2016, No. 18, of Art. 2647 are; No. 42, the Art. 5972) (further - the List), from other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations at which disposal the specified documents are;";

b) paragraphs two - to consider the ninth paragraphs third - the tenth;

c) word in paragraph four "information and documents" shall be replaced with words "the documents and (or) information which are not included in the List";

4) in Item 7:

a) after the paragraph of third to add with paragraphs of the following content:

"acquaint the head, other official or the authorized representative of the legal entity, the individual entrepreneur, his authorized representative with the documents and (or) information received within interdepartmental information exchange;

observe prohibition on reclamation from the legal entity, the individual entrepreneur of submission of documents and (or) information, including allowing documents, available other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations included in the List;

perform actions for prevention of violations of mandatory requirements according to annually approved program of prevention of violations;

post on the official sites on the Internet (further - Internet network) the list of the regulatory legal acts or their separate parts containing mandatory requirements which assessment of observance is subject of the state control (supervision), and also texts of the corresponding regulatory legal acts;

perform informing legal entities, individual entrepreneurs concerning observance of mandatory requirements, including by means of development and publication of managements on observance of mandatory requirements, holding seminars and conferences, explanatory work in mass media and different ways. In case of change of mandatory requirements authorized bodies prepare and distribute comments on content of the new regulatory legal acts establishing mandatory requirements the made changes in the existing acts, terms and procedure for their introduction in action, and also the recommendation of holding the necessary organizational, technical actions directed to implementation and ensuring compliance with mandatory requirements;

provide regular (at least once a year) generalization of practice of implementation of the state control (supervision) and placement on the official site in Internet network of the corresponding generalization, including with indication of the most often found cases of violations of mandatory requirements, with recommendations for measures which shall be accepted by legal entities, individual entrepreneurs for the purpose of non-admission of such violations;

perform the special preventive events directed to the prevention of damnification, emergence of emergency situations of natural and technogenic nature in cases, stipulated by the legislation to the Russian Federation;

issue to the legal entity, the individual entrepreneur caution about inadmissibility of violation of mandatory requirements;";

b) the fourth - the seventeenth to consider paragraphs paragraphs the twelfth - the twenty fifth;

c) to state the paragraph of the twenty second in the following edition:

"perform record about performed in register of checks in case of its availability at the legal entity, the individual entrepreneur.";

5) in Item 8:

a) after paragraph one to add with paragraphs of the following content:

"provide documents and (or) information which are at the disposal of other state bodies of local government bodies or subordinated to state bodies or local government bodies of the organizations and are included in the List, on own initiative;

provide the additional documents confirming reliability of earlier submitted documents in case of the direction in authorized body of the explanation concerning the revealed mistakes and (or) contradictions in documents;

get acquainted with the documents and (or) information received by authorized bodies within interdepartmental information exchange from other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations at which disposal these documents and (or) information included in the List are;";

b) paragraphs two - to consider the sixth paragraphs the fifth - the ninth;

6) in Item 23:

a) state paragraph two in the following edition:

"The term of carrying out each of checks (planned and unplanned) cannot exceed 30 working days, and concerning one small business entity aggregate term of conducting scheduled exit inspections cannot exceed 50 hours for small enterprise and 15 hours for the microcompany in year.";

b) after paragraph two to add with paragraphs of the following content:

"In case of need during the conducting check of receipt of documents and (or) information within interdepartmental information exchange conducting check can be suspended by the head (deputy manager) of authorized body for the term necessary for implementation of interdepartmental information exchange, but no more than for ten working days. Repeated suspension of conducting check is not allowed.

For action of term of suspension of conducting check are suspended connected with the specified check in the territory, in buildings, structures, constructions, rooms, other objects of the legal entity or individual entrepreneur relating to small business entities.";

c) third - the fourth to consider paragraphs paragraphs the fifth - the sixth;

7) in Item 37:

state subitem 2 in the following edition:

"2) motivated representation of the official of state control (supervision) body, body of municipal control on analysis results of actions for control without interaction with legal entities, individual entrepreneurs, consideration or preliminary verification of the addresses and petitions from citizens which arrived in authorized body, including individual entrepreneurs, legal entities, information from public authorities, local government bodies, from mass media about the following facts:

a) emergence of threat of damnification of life, to health of citizens, harm to animals, plants, the environment, objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation, museum objects and museum collections included in structure of Museum fund of the Russian Federation, especially valuable, including unique, to the documents of Archive fund of the Russian Federation, documents having special historical, scientific, cultural value, being part of national library stock, safety of the state, and also threat of emergency situations of natural and technogenic nature;

b) damnification of life, to health of citizens, harm to animals, plants, the environment, objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation, museum objects and museum collections included in structure of Museum fund of the Russian Federation, especially valuable, including unique, to the documents of Archive fund of the Russian Federation, documents having special historical, scientific, cultural value, being part of national library stock, safety of the state, and also emergence of emergency situations of natural and technogenic nature;";

add with the subitem 4 following of content:

"4) receipt in authorized body of the statement from the legal entity or the individual entrepreneur for provision of legal status, special permission (license) for the right of implementation of separate types of activity or permission (approval) to implementation of other legally significant actions if carrying out unscheduled inspection of the legal entity, the individual entrepreneur is provided by rules of provision of legal status, special permission (license), issue of permission (approval).";

8) to add with Item 39.1 of the following content:

"39.1. The exhaustive list of documents and (or) information requested within interdepartmental information exchange from other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations according to the List:

the statement from the register of licenses for activities on operation explosion-fire-hazardous and chemically hazardous production facilities I, II and III classes of danger - from Federal Service for Environmental, Technological and Nuclear Supervision;

data from the Unified State Register of Legal Entities - from the Federal Tax Service;

data from the Unified State Register of Private Entrepreneurs - from the Federal Tax Service.";

To add 9) after Item 50 with Items 50.1 and 50.2 of the following content:

"50.1. If conducting scheduled or unscheduled exit inspection was impossible due to the lack of the individual entrepreneur, his authorized representative, the head or other official of the legal entity, or in connection with the actual non-realization of activities by the legal entity, the individual entrepreneur, or in connection with other actions (failure to act) of the individual entrepreneur, his authorized representative, head or other official of the legal entity which entailed impossibility of conducting check, the official of authorized body draws up the statement of impossibility of conducting check with indication of the reasons of impossibility of its carrying out. In this case the authorized body within three months from the date of creation of the act of impossibility of conducting check has the right to make the decision on carrying out on such legal entity, the individual entrepreneur of scheduled or unscheduled exit inspection without entering of scheduled inspection into the annual plan of scheduled inspections and without prior notice the legal entity, the individual entrepreneur.

50.2. Officials of authorized body enter data on scheduled and unscheduled inspections of legal entities and individual entrepreneurs, on their results and on the taken measures for suppression and (or) elimination of effects of the revealed violations in the unified register of checks which is federal state information system (further - the unified register of checks), according to the procedure, No. 415 established by the order of the Government of the Russian Federation of April 28, 2015.

Entering of the relevant information into the unified register of checks and its disclosure are performed taking into account requirements of the legislation of the Russian Federation about the state and protected by the law other secret, and also taking into account the legislation of the Russian Federation on personal data protection.".

2. In Administrative regulations of execution by the Ministry of Defence of the Russian Federation of the state function on implementation of federal state supervision at all stages of lifecycle of lifting constructions and the equipment working under pressure as a part of arms and military equipment (appendix to the order of the Minister of Defence of the Russian Federation of August 28, 2014 No. 615):

Item 4 to state 1) in the following edition:

"4. Execution of the state function by the Ministry of Defence is performed according to the following regulatory legal acts:

Russian Federation Code of Administrative Offences (Russian Federation Code, 2002, No. 1, Art. 1; 2017, No. 31 (p. I), 4828);

The Federal Law of December 26, 2008 No. 294-FZ "About protection of the rights of legal entities and individual entrepreneurs when implementing the state control (supervision) and municipal control" (The Russian Federation Code, 2008, No. 52 (p. I), Art. 6249; 2017, No. 18, 2673);