THE ORDER OF THE FEDERAL SERVICE OF THE RUSSIAN FEDERATION ON ECOLOGICAL, TECHNOLOGICAL AND ATOMIC SUPERVISION

of October 9, 2017 No. 414

About modification of separate Administrative regulations of Federal Service for Environmental, Technological and Nuclear Supervision on execution of the state functions on implementation of the state control (supervision) for the purpose of reduction in compliance with the legislation of the Russian Federation on the state control (supervision)

For the purpose of reduction of administrative regulations of Federal Service for Environmental, Technological and Nuclear Supervision in compliance with the legislation of the Russian Federation on the state control (supervision), and also according to Item 5 of 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 are within interdepartmental information exchange" (The Russian Federation Code, 2016, 17, of the Art. 2418) I order to No.:

Approve the enclosed changes which are made to administrative regulations of Federal Service for Environmental, Technological and Nuclear Supervision on execution of the state functions on implementation of the state control (supervision).

Appendix

to the Order of the Federal Service of the Russian Federation on ecological, technological and atomic supervision of October 9, 2017 No. 414

Changes which are made to Administrative regulations of Federal Service for Environmental, Technological and Nuclear Supervision on execution of the state functions on implementation of the state control (supervision)

1. In the Administrative regulations of execution of the state function by Federal Service for Environmental, Technological and Nuclear Supervision on implementation of federal state energy supervision approved by the order of Federal Service for Environmental, Technological and Nuclear Supervision of January 30, 2015 No. 38 (registration No. 36293) is registered by the Ministry of Justice of the Russian Federation on February 27, 2015, with the changes made by orders of Federal Service for Environmental, Technological and Nuclear Supervision of July 15, 2016 No. 297 (it is registered by the Ministry of Justice of the Russian Federation on August 8, 2016, registration No. 43171) and of June 21, 2017 No. 214 (registration No. 47430) is registered by the Ministry of Justice of the Russian Federation on July 17, 2017:

Item 4 after the paragraph of the fifteenth to add 1) with paragraphs of the following content:

"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, the Art. 7406) (further - the order of the Government of the Russian Federation of April 28, 2015 No. 415);

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 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);".

Item 9 to add 2) with subitems "z", "i", "k" of the following content:

"h) demand 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 determined by the Government of the Russian Federation according to part 8 of article 7 of 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";

i) demand from the legal entity, the individual entrepreneur of submission of information which was provided according to requirements of the legislation of the Russian Federation earlier and (or) is in the state or municipal information systems, registers and registers;

j) demand from the legal entity, the individual entrepreneur of submission of documents, information before start date of conducting check.".

3) In Item 10:

a) state the subitem "o" in the following edition:

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

b) add with subitems "y", "f", "x" of the following content:

"s) request documents and (or) information necessary when implementing the state control (supervision) and included in the list determined by the Government of the Russian Federation according to part 8 of article 7 of 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" 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 the specified documents are;

t) 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;

x) 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.".

Item 11 to add 4) with subitems "zh", "z", "i" of the following content:

"g) get acquainted with documents and (or) information obtained by officials of Rostekhnadzor and its territorial authorities 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 are;

h) submit the documents and (or) information requested within interdepartmental information exchange to Rostekhnadzor (its territorial authority) on own initiative;

i) in case of disagreement with the facts, conclusions, offers stated in the inspection statement or with the issued instruction about elimination of the revealed violations within fifteen days from the date of receipt of the inspection statement to provide to Rostekhnadzor (its territorial authority) in writing objections concerning the inspection statement and (or) the issued instruction about elimination of the revealed violations in general or its separate provisions. At the same time the legal entity, the individual entrepreneur has the right to apply to such objections the documents confirming justification of such objections, or their verified copies or in agreed time frame to transfer them to Rostekhnadzor (its territorial authority). The specified documents can be directed in the form of electronic documents (packet of the electronic documents) signed by the strengthened qualified digital signature of the checked face.".

Item 14 to add 5) with the subitem "d" of the following content:

"e) by introduction of data on scheduled and unscheduled inspections of legal entities and individual entrepreneurs, about their results and about the taken measures for suppression and (or) elimination of effects of the revealed violations in 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.".

Item 35 to state 6) in the following edition:

"35. Modification of the annual plan is allowed in the following cases:

a) check exception of the annual plan:

in connection with impossibility of conducting planned inspection of activities of the legal entity owing to its liquidation, impossibility of conducting check of the individual entrepreneur owing to the termination of activities by physical person as the individual entrepreneur;

in connection with the termination by the legal entity or the individual entrepreneur of activities, operation (use) of the objects which are subject to check;

in connection with adoption by state control (supervision) body or body of municipal control of the decision on exception of the corresponding check of the annual plan in cases, the stipulated in Article 26.1 Federal Laws 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";

in connection with approach of force majeure circumstances;

b) change of the information about the legal entity or the individual entrepreneur specified in the annual plan:

in connection with address modification of the location or the address of the actual implementation of activities of the legal entity or individual entrepreneur;

in connection with reorganization of the legal entity;

in connection with change of the name of the legal entity, and also change of surname, name and middle name of the individual entrepreneur.

To Add 7) with Item 35.1 of the following content:

"35.1. Modification of annual plans of conducting planned inspections is performed by the decision of Rostekhnadzor (its territorial authority).

Data on the changes made to the annual plan go within 3 working days from the date of their entering into relevant organ of prosecutor's office on paper (with application of a copy in electronic form) the registered mail with the assurance of receipt or in electronic form, signed by the digital signature, and also stipulated in Item 6 Rules of preparation by state control (supervision) bodies and bodies of municipal control of annual plans of conducting planned inspections of the legal entities and individual entrepreneurs approved by the order of the Government of the Russian Federation of June 30, 2010 No. 489, within 5 working days from the date of modification are posted on the official site on the Internet according to the procedure.".

8) Add Item 46 with the offer of the following content:

"The legal entity, the individual entrepreneur has the right to submit the documents specified in request in the form of the electronic documents signed by the strengthened qualified digital signature.".

The Subitem "an" of Item 52 to add 9) with words ", and also type (types) of the state control (supervision)".

"Residences of individual entrepreneurs and" to exclude 10) In the subitem "v" of Item 52 of the word.

11) In Item 53:

a) shall be replaced with words the words "not later than within 3 working days" "not later than 3 working days";

b) after the words "with the assurance of receipt" to add with the words "and (or) by means of the electronic document signed by the strengthened qualified digital signature and the legal entity sent to the e-mail address, the individual entrepreneur if such address contains respectively in the Unified State Register of Legal Entities, the Unified State Register of Private Entrepreneurs or earlier it was provided by the legal entity, the individual entrepreneur to Rostekhnadzor (its territorial authority)".

To Add 12) with Item 67.1 of the following content:

"67.1. 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 Rostekhnadzor (its territorial authority) draws up the statement of impossibility of conducting the corresponding check with indication of the reasons of impossibility of its carrying out. In this case Rostekhnadzor (its territorial authority) within three months from the date of creation of the act of impossibility of conducting the corresponding 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.".

2. Ceased to be valid according to the Order of the Federal Service of the Russian Federation on ecological, technological and atomic supervision of 03.07.2019 No. 258

3. In the Administrative regulations of execution of the state function by Federal Service for Environmental, Technological and Nuclear Supervision on implementation of federal state supervision in the field of safety of hydraulic engineering constructions (except for navigable and port hydraulic engineering constructions) approved by the order of Federal Service for Environmental, Technological and Nuclear Supervision of February 24, 2016 No. 67 (registration No. 41684) is registered by the Ministry of Justice of the Russian Federation on April 5, 2016, with the changes made by the order of Federal Service for Environmental, Technological and Nuclear Supervision of June 20, 2017 No. 212 (registration No. 47381) is registered by the Ministry of Justice of the Russian Federation on July 12, 2017:

Item 4 after the paragraph of the fourteenth to add 1) with paragraphs of the following content:

"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;".

Item 9 to add 1) with subitems "i", "k", "l" of the following content:

"i) demand 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 determined by the Government of the Russian Federation according to part 8 of article 7 of 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";

j) demand from the legal entity, the individual entrepreneur of submission of information which was provided according to requirements of the legislation of the Russian Federation earlier and (or) is in the state or municipal information systems, registers and registers;

k) demand from the legal entity, the individual entrepreneur of submission of documents, information before start date of conducting check.".

2) In Item 10:

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