FEDERAL LAW OF THE RUSSIAN FEDERATION

of August 3, 2018 No. 316-FZ

About introduction of amendments to the Federal law "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control" and article 19 of the Federal law "About Licensing of Separate Types of Activity"

Accepted by the State Duma on July 26, 2018

Approved by the Federation Council on July 28, 2018

Article 1

Bring in 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, Art. 6249; 2009, No. 29, Art. 3601; No. 48, Art. 5711; No. 52, Art. 6441; 2010, No. 18, Art. 2142; No. 31, Art. 4160; 2011, No. 30, Art. 4590; 2012, No. 26, Art. 3446; 2013, No. 9, Art. 874; 2014, No. 11, Art. 1092, 1098; No. 26, Art. 3366; No. 42, Art. 5615; 2015, No. 1, Art. 64; No. 18, Art. 2614; No. 29, Art. 4372; 2016, No. 18, Art. 2503; No. 27, Art. 4187, 4210; 2018, No. 17, Art. 2430; No. 18, Art. 2564) following changes:

1) in Article 2:

a) state Item 2 in the following edition:

"2) federal state control (supervision) - activities of the federal executive bodies authorized on implementation of the state control (supervision) in all territory of the Russian Federation. Procedure for the organization and implementation of federal state control (supervision) in the corresponding field of activity (type of federal state control (supervision) it is established by the President of the Russian Federation approved according to this Federal Law, other Federal Laws or the Government of the Russian Federation regulations on type of federal state control (supervision), regulations on licensing of specific type of activity regarding regulation of procedure for the organization and implementation of licensed control (further - regulations on type of federal state control (supervision). Terms and the sequence of ministerial procedures when implementing type of federal state control (supervision) are established by administrative regulations of implementation of type of federal state control (supervision);";

b) state Item 3 in the following edition:

"3) regional state control (supervision) - the activities of the executive bodies of the subject of the Russian Federation authorized on implementation of the state control (supervision) in the territory of this subject of the Russian Federation, performed by these bodies independently by budget funds of the subject of the Russian Federation. Procedure for the organization and implementation of regional state control (supervision) in the corresponding field of activity (type of regional state control (supervision) it is established by the supreme executive body of the government of the subject of the Russian Federation taking into account the requirements to the organization and implementation of the state control (supervision) in the corresponding field of activity determined by the President of the Russian Federation or the Government of the Russian Federation. Terms and the sequence of ministerial procedures when implementing type of regional state control (supervision) are established by administrative regulations of implementation of regional state control (supervision) in the corresponding field of activity (type of regional state control (supervision);";

c) item 4 after words of "the specified requirements" to add with words ", the actions for control performed without interaction with legal entities, individual entrepreneurs" after the words "in the corresponding field of activity" to add with words "(type of municipal control)";

d) in Item 5.1 of the word "Items 3 - 7" and the words "or other actions for control" to exclude;

2) in Article 8.1:

a) state part 1 in the following edition:

"1. For the purpose of optimum use of the labor, material and financial resources involved when implementing the state control (supervision), cost reduction of legal entities, individual entrepreneurs and increase in effectiveness of the activities by state control (supervision) bodies under the organization of separate types of the state control (supervision) the risk - the oriented approach can be applied.";

b) add with part 1.1 following of content:

"1.1. The list of types of federal state control (supervision) to which the risk - the oriented approach is applied is determined by the Government of the Russian Federation.";

c) add with part 1.2 following of content:

"1.2. The list of types of regional state control (supervision) to which the risk - the oriented approach is applied is established by the supreme executive body of the government of the subject of the Russian Federation. The government of the Russian Federation has the right to determine types of regional state control (supervision) under which organization risk - the oriented approach is applied without fail.";

d) add part 4 with offers of the following content: "Criteria of reference of activities of legal entities, individual entrepreneurs and (or) the production facilities used by them to certain category of risk or certain class (category) of danger under the organization of regional state control (supervision) are determined by the supreme executive body of the government of the subject of the Russian Federation if such criteria are not established by the Federal Law or the Government of the Russian Federation. The government of the Russian Federation has the right to determine general requirements to criteria of reference of activities of legal entities, individual entrepreneurs and (or) the production facilities used by them to certain category of risk or certain class (category) of danger under the organization of regional state control (supervision), and also to procedure for their establishment.";

e) in part 8 the first offer to state in the following edition: "By regulations on types of federal state control (supervision) use of indicators of risk of violation of mandatory requirements by state control (supervision) bodies as the basis for carrying out unscheduled inspections can be provided.";

3) in Article 8.2:

a) add the name with words ", the requirements established by municipal legal acts";

b) state part 1 in the following edition:

"1. For the purpose of the prevention of violations by legal entities and individual entrepreneurs of mandatory requirements, requirements established by municipal legal acts, elimination of the reasons, factors and conditions promoting violations of mandatory requirements, the requirements established by municipal legal acts, state control (supervision) bodies, bodies of municipal control perform actions for prevention of violations of mandatory requirements, requirements established by municipal legal acts according to the programs of prevention of violations which are annually approved by them.";

c) in part 2:

paragraph one after words of "mandatory requirements" to add with words ", the requirements established by municipal legal acts";

Item 1 after the words "mandatory requirements" to add with words "the requirements established by municipal legal acts";

Item 2 after words "observance of mandatory requirements," to add with words "the requirements established by municipal legal acts," after the words "on observance of mandatory requirements", to add with words "the requirements established by municipal legal acts," after words of "change of mandatory requirements" to add with words ", the requirements established by municipal legal acts," after the words "establishing mandatory requirements", to add with words "the requirements established by municipal legal acts," to add with words ", the requirements established by municipal legal acts";

Item 3 after words of "mandatory requirements" to add with words ", the requirements established by municipal legal acts";

item 4 after words of "mandatory requirements" to add with words ", the requirements established by municipal legal acts";

d) add part 4 with words ", the requirements established by municipal legal acts";

e) state part 5 in the following edition:

"5. Provided that other is not established by the Federal Law, in the presence at state control (supervision) body, body of municipal control of data on the preparing violations or about signs of violations of mandatory requirements, the requirements established by municipal legal acts, received during implementation of actions on control, performed without interaction with legal entities, individual entrepreneurs, or containing in the arrived addresses and statements (except for addresses and statements which authorship is not confirmed), information from public authorities, local government bodies, from mass media in cases if there are no confirmed data on the fact that violation of mandatory requirements, the requirements established by municipal legal acts did harm to life, health of citizens, harm to animals, plants, the environment to the 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 and being part of national library stock, safety of the state and also led to emergence of emergency situations of natural and technogenic nature or created threat of the specified effects, the state control (supervision) body, body of municipal control announce to the legal entity, the individual entrepreneur caution inadmissibility of violation of mandatory requirements, the requirements established by municipal legal acts and offer the legal entity, the individual entrepreneur to take measures for ensuring compliance with mandatory requirements, requirements, established by municipal legal acts and to notify on it in the time established in such caution state control (supervision) body, body of municipal control.";

e) part 6 after words of "mandatory requirements" to add with words ", the requirements established by municipal legal acts," to add with the offer of the following content: "The caution about inadmissibility of violation of mandatory requirements, the requirements established by municipal legal acts does not may contain the requirement of provision by the legal entity, individual entrepreneur of data and documents, except for data on the measures for ensuring compliance with the mandatory requirements, requirements established by municipal legal acts accepted by the legal entity, the individual entrepreneur.";

g) part 7 after words of "mandatory requirements" to add with words of "the requirements established by municipal legal acts";

4) in Article 8.3:

a) to state Item 7 of part 1 in the following edition:

"7) observation of observance of the mandatory requirements, requirements established by municipal legal acts by means of information analysis about activities or actions of the legal entity and individual entrepreneur which is provided by such persons (including by means of use of federal state information systems) in state control (supervision) body, body of municipal control according to the Federal Laws and other regulatory legal acts of the Russian Federation accepted according to them or can be received (including within interdepartmental information exchange) state control (supervision) body, body of municipal control without assignment on legal entities and individual entrepreneurs of the obligations which are not provided by the Federal Laws and other regulatory legal acts of the Russian Federation accepted according to them;";

b) regarding 4 words "the executive bodies of subjects of the Russian Federation performing normative legal regulation in the respective spheres of the state control (supervision) and also authorized bodies of local self-government" shall be replaced with words "performing normative legal regulation in the respective spheres of the state control (supervision), executive bodies of subjects of the Russian Federation, and also local government bodies";

c) state part 6 in the following edition:

"6. In case of obtaining during actions for control without interaction with legal entities, individual entrepreneurs specified in parts 5 - the 7th article 8.2 of this Federal Law of data on the preparing violations or signs of violation of mandatory requirements, the requirements established by municipal legal acts, state control (supervision) body, body of municipal control send to the legal entity, the individual entrepreneur caution about inadmissibility of violation of mandatory requirements, the requirements established by municipal legal acts.";

Part 11.3 of Article 9 to state 5) in the following edition:

"11.3. Checking sheets (lists of control questions) are developed and affirm state control (supervision) body, body of municipal control according to the general requirements determined by the Government of the Russian Federation and include lists of questions, answers to which unambiguously confirm observance or non-compliance by the legal entity, individual entrepreneur of mandatory requirements, the requirements established by municipal legal acts, constituting check subject. According to regulations on type of federal state control (supervision), procedure for the organization and implementation of type of the state regional control (supervision), municipal control the list may contain the questions mentioning everything the mandatory requirements shown to the legal entity, the individual entrepreneur, requirements established by municipal legal acts or to limit subject of scheduled inspection only to part of mandatory requirements, the requirements established by municipal legal acts which observance is the most significant from the point of view of non-admission of 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 and being part of national library stock, safety of the state, and also threat of emergency situations of natural and technogenic nature.";

6) in Article 10:

a) to state Item 2.1 of part 2 in the following edition:

"2. 1) identification when holding actions for control without interaction with legal entities, individual entrepreneurs of parameters of activities of the legal entity, the individual entrepreneur, compliance to whom or variation from which agrees the approved federal executive body performing functions on development and realization of state policy and normative legal regulation in the established field of activity, to indicators of risk of violation of mandatory requirements is the basis for carrying out unscheduled inspection provided in regulations on type of federal state control (supervision);";

b) state part 3.2 in the following edition:

"3.2. In the absence of reliable information about person which allowed violation of mandatory requirements, the requirements established by municipal legal acts, sufficient data about the facts specified in part 2 of this Article, authorized officers of state control (supervision) body, body of municipal control preliminary inspection of the arrived information can be carried out. During conducting preliminary verification of the arrived information measures for request of additional data and materials are taken (including in oral procedure) at persons who directed applications and addresses which provided information consideration of documents of the legal entity, individual entrepreneur, available state control (supervision) body, body of municipal control is carried out, if necessary events for control without interaction with legal entities, individual entrepreneurs and without assignment on specified persons of obligation on submission of information and execution of requirements of state control (supervision) bodies, bodies of municipal control are held. Within preliminary check explanations concerning the acquired information can be requested from the legal entity, the individual entrepreneur, but submission of such explanations and other documents is not obligatory.";

c) state part 3.3 in the following edition:

"3.3. In case of identification by results of preliminary check of persons which allowed violation of mandatory requirements, the requirements established by municipal legal acts, receipt of sufficient data about the facts specified in parts 2 of this Article, the authorized officer of state control (supervision) body, body of municipal control prepares motivated idea of purpose of unscheduled inspection on the bases specified in Item 2 of part 2 of this Article. By results of preliminary check of measure for involvement of the legal entity, the individual entrepreneur to responsibility are not accepted.";

7) in Article 13.2:

a) regarding 1 word "the executive bodies of subjects of the Russian Federation performing normative legal regulation in the respective spheres of the state control (supervision)" shall be replaced with words "performing normative legal regulation in the respective spheres of the state control (supervision), executive bodies of subjects of the Russian Federation";

b) part 2 after words of "mandatory requirements" to add with words ", the requirements established by municipal legal acts";

c) add with part 3 following of content:

"3. Planned (raid) inspections cannot be performed concerning the particular legal entity, the individual entrepreneur and shall not substitute for themselves check.";

8) regarding 1 Article 13.3 of the word", and also their results" shall be replaced with words "(except for the unscheduled inspections which are carried out according to Item 1.1 of part 2 of article 10 of this Federal Law including concerning the license applicant who submitted the application for provision of the license, the licensee, submitted the application for renewal of the license, prolongation of effective period of the license), and also their results";

9) in Article 16.1:

a) regarding 3 words "according to tasks of the head or deputy manager of state control (supervision) body" to exclude;

b) in part 9 of the word", and also accounting of information on her in the unified register of checks" to exclude.

Article 2

Bring in article 19 of the Federal Law of May 4, 2011 No. 99-FZ "About licensing of separate types of activity" (The Russian Federation Code, 2011, No. 19, Art. 2716; No. 30, Art. 4590; 2012, No. 26, Art. 3446; 2014, No. 42, Art. 5615) following changes:

Part 1 to add 1) with the offer of the following content: "The procedure for the organization and implementation of licensed control of specific type of activity is established by the regulations on licensing of specific type of activity approved by the Government of the Russian Federation.";

Part 6 to add 2) with the offer of the following content: "By regulations on licensing of specific type of activity it can be determined that when implementing licensed control of specific type of activity scheduled inspections are not carried out or that when implementing of the licensed control of specific type of activity exercised using risk - the oriented approach, scheduled inspections of licensees are not carried out depending on reference of activities of licensees and (or) the production facilities used by them to certain category of risk, certain class (category) of danger.";

Part 9 to state 3) in the following edition:

"9. Scheduled inspections of licensees are carried out:

1) not earlier than in one year from the date of decision making about provision of the license;

2) not earlier than in three years from the date of conducting the last planned inspection if other is not established by Items 3 and 4 of this part;

3) according to the frequency established by regulations on licensing for the licensed control exercised using risk - the oriented approach;

4) according to the frequency established by the Government of the Russian Federation for scheduled inspections of the licensee performing the licensed type of activity in spheres of health care, education, in the social sphere.".

 

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