It is registered
Ministry of Justice
Russian Federation
On September 28, 2018 No. 52288
of August 30, 2018 No. 1237/18
About approval of Administrative regulations of Federal Antimonopoly Service on provision of the state service in consideration of requests about need of approval of transactions according to part 6 of article 8 of the Federal Law of 29.04.2008 No. 57-FZ "About procedure of foreign investments in the economic societies having strategic importance for ensuring defense of the country and safety of the state"
For the purpose of realization of part 6 of article 8 of the Federal Law of April 29, 2008 No. 57-FZ "About procedure of foreign investments in the economic societies having strategic importance for ensuring defense of the country and safety of the state" (The Russian Federation Code, 2008, No. 18, Art. 1940; 2011, No. 1, Art. 32; No. 27, Art. 3880; No. 47, Art. 6612; 2014, No. 6, Art. 566; No. 11, Art. 1094; No. 45, Art. 6153; 2017, No. 27, Art. 3952; No. 30, Art. 4445; 2018, No. 23, the Art. 3229), and also according to part 1 of article 12 of 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, Art. 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, Art. 3480; No. 30, Art. 4084; No. 51, Art. 6679; No. 52, Art. 6952, Art. 6961, Art. 7009; 2014, No. 26, Art. 3366; No. 30, Art. 4264; No. 49, Art. 6928; 2015, No. 1, Art. 67, Art. 72; No. 10, Art. 1393; No. 29, Art. 4342, Art. 4376; 2016, No. 7, Art. 916; No. 27, Art. 4293, Art. 4294; 2017, No. 1, Art. 12; No. 50, Art. 7555; 2018, No. 1, Art. 63; No. 9, Art. 1283; No. 17, Art. 2427; No. 18, Art. 2557; No. 24, the Art. 3413) and the Rules of development and approval of administrative regulations of provision of the state services approved by the order of the Government of the Russian Federation of May 16, 2011 No. 373 "About development and approval of administrative regulations of implementation of the state control (supervision) 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; 2017, No. 44, Art. 6523; 2018, No. 6, Art. 880; No. 25, Art. 3696; 2018, to No. 36, of the Art. 5623), I order:
1. Approve the enclosed administrative regulations of Federal Antimonopoly Service on provision of the state service in consideration of requests about need of approval of transactions according to part 6 of article 8 of the Federal Law of 29.04.2008 No. 57-FZ "About procedure of foreign investments in the economic societies having strategic importance for ensuring defense of the country and safety of the state".
2. Recognize invalid orders of FAS Russia:
of 20.01.2012 No. 23 "About approval of administrative regulations of Federal Antimonopoly Service on provision of the state service in consideration of requests about need of approval of transactions according to part 6 of article 8 of the Federal Law of 29.04.2008 No. 57-FZ "About procedure of foreign investments in the economic societies having strategic importance for ensuring defense of the country and safety of the state" (it is registered by the Ministry of Justice of the Russian Federation 11.05. 2012, registration No. 24109);
of 28.06.2013 No. 424/13 "About modification of administrative regulations of Federal Antimonopoly Service on provision of the state service in consideration of requests about need of approval of transactions according to part 6 of article 8 of the Federal Law of April 29, 2008 No. 57-FZ "About procedure of foreign investments in the economic societies having strategic importance for ensuring defense of the country and safety of the state", the FAS Russia approved by the order of January 20, 2012 No. 23" (30.08.2013, registration No. 29844) is registered by the Ministry of Justice of the Russian Federation.
3. I reserve control of execution of this order.
Head
I.Yu.Artemyev
Approved by the Order of Federal Antimonopoly Service of the Russian Federation of August 30, 2018, No. 1237/18
1.1. The administrative regulations of Federal Antimonopoly Service on provision of the state service in consideration of requests about need of approval of transactions according to part 6 of article 8 of the Federal Law of 29.04.2008 No. 57-FZ "About procedure of foreign investments in the economic societies having strategic importance for ensuring defense of the country and safety of the state" (further - respectively Regulations, the state service, request, the Law No. 57-FZ) establish terms and the sequence of ministerial procedures (actions) performed by FAS Russia in the course of provision of the state service.
The regulations also establish order of interaction between the structural divisions of FAS Russia participating in provision of the state service and their officials, between FAS Russia and physical persons or legal entities, individual entrepreneurs, their authorized representatives, other public authorities and local government bodies, organizations and the organizations in the course of provision of the state service.
1.2. The concepts "foreign investor", "control" of Regulations are used in the same values, as in the Federal Law of 29.04.2008 No. 57-FZ "About procedure of foreign investments in the economic societies having strategic importance for ensuring defense of the country and safety of the state" (The Russian Federation Code, 2008, No. 18, Art. 1940; 2011, No. 1, Art. 32; No. 27, Art. 3880; No. 47, Art. 6612; 2014, No. 6, Art. 566; No. 11, Art. 1094; No. 45, Art. 6153; 2017, No. 27, Art. 3952; No. 30, Art. 4445; 2018, No. 23, Art. 3229).
The concept "group of persons" of Regulations is used in the value specified in article 9 of the Federal Law of 26.07.2006 No. 135-FZ "About protection of the competition" (The Russian Federation Code, 2006, No. 31, Art. 3434; 2007, No. 49, Art. 6079; 2008, No. 18, Art. 1941; No. 27, Art. 3126; No. 45, Art. 5141; 2009, No. 29, Art. 3601, Art. 3610; No. 52, Art. 6450, Art. 6455; 2010, No. 15, Art. 1736; No. 19, Art. 2291; No. 49, Art. 6409; 2011, No. 10, Art. 1281; No. 27, Art. 3873, Art. 3880; No. 29, Art. 4291; No. 30, Art. 4590; No. 48, Art. 6728; No. 50, Art. 7343; 2012, No. 31, Art. 4334; No. 53, Art. 7643; 2013, No. 27, Art. 3436, Art. 3477; No. 30, Art. 4084; No. 44, Art. 5633; No. 51, Art. 6695; No. 52, Art. 6961, Art. 6988; 2014, No. 23, Art. 2928; No. 30, Art. 4266; 2015, No. 27, Art. 3947; No. 29, Art. 4339, Art. 4342, Art. 4350, Art. 4376; No. 41, Art. 5629; 2016, No. 27, Art. 4197; 2017, No. 31, Art. 4828; 2018, No. 9, Art. 1274; No. 18, Art. 2561; No. 24, Art. 3402; No. 31, Art. 4848).
1.3. The state service is provided to foreign investors, the legal entities or physical persons entering group of persons with the foreign investor or their authorized representatives (further - the applicant, applicants).
1.4. Information on questions of provision of the state service is provided by the staff of FAS Russia by phone, on personal acceptance, and also is placed at the information stand in public reception of FAS Russia, on the official site of FAS Russia on the Internet (further - the official site of FAS Russia), in the Federal state information system "Single Portal of the State and Municipal Services (Functions)" (http://www.gosuslugi.ru) (further - the portal of the state and municipal services (functions), in the federal state information system "Federal Register of the State Services (Functions)" (further - the federal register).
1.5. By phone, on personal acceptance the staff of FAS Russia provides information on the following questions:
- about the entering number at which the request in system of clerical work of FAS Russia, and about the course of provision of the state service is registered;
- about regulatory legal acts based on which the FAS Russia provides the state service;
- about the location on the official site of FAS Russia and on the portal of the state and municipal services (functions) of information on questions of provision of the state service.
1.6. At the information stand in public reception of FAS Russia, on the official site of FAS Russia and on the portal of the state and municipal services (functions) the following information is placed:
- the location and the working schedule of FAS Russia, telephone numbers for enquiries of structural division of the FAS Russia providing the state service, the address of the official site and the e-mail address of FAS Russia (further - reference information);
- list of the documents necessary for receipt of the state service;
- the list of the regulatory legal acts regulating provision of the state service;
- about procedure for pre-judicial (extrajudicial) appeal of decisions and actions (failure to act) of FAS Russia, and also officials of FAS Russia;
- the text of Regulations with appendix.
1.7. Reference information can be obtained by applicants by phone, on personal acceptance, by acquaintance with it at the information stand in public reception of FAS Russia, on the official site of FAS Russia and on the portal of the state and municipal services (functions).
Reference information is not provided in the multipurpose centers of provision of the state and municipal services (further - the multipurpose centers).
1.8. In the federal register reference information, and also information on procedure for pre-judicial (extrajudicial) appeal of decisions and actions (failure to act) of FAS Russia, officials of FAS Russia is placed.
1.9. The FAS Russia provides completeness, relevance and reliability of the reference information posted on the official site by FAS Russia on the portal of the state and municipal services (functions), at the information stand in public reception of FAS Russia and in appropriate section of the federal register.
2.1. The state service "Consideration of requests about need of approval of transactions according to part 6 of article 8 of the Federal Law of 29.04.2008 No. 57-FZ "About procedure of foreign investments in the economic societies having strategic importance for ensuring defense of the country and safety of the state".
2.2. The state service is provided by FAS Russia.
2.3. By provision of the state service of FAS Russia has no right to demand from the applicant of implementation of actions the, including approvals necessary for receipt of the state service and connected with the appeal to other state bodies and the organizations, except for receipts of the services included in the list of services which are federal executive bodies, State Atomic Energy Corporation "Rosatom" of the state services, necessary and obligatory for provision, and are provided by the organizations participating in provision of the state services, and determination of the amount of payment for their rendering, No. 352 approved by the order of the Government of the Russian Federation of May 6, 2011 (The Russian Federation Code, 2011, No. 20, Art. 2829; 2012, No. 14, Art. 1655; No. 36, Art. 4922; 2013, No. 52, Art. 7207; 2014, No. 21, Art. 2712; 2015, No. 50, Art. 7165; 2015, No. 50, Art. 7189; 2016, No. 31, Art. 5031; 2016, No. 37, Art. 5495; 2017, No. 8, Art. 1257; No. 28, Art. 4138; No. 32, Art. 5090; No. 40, Art. 5843; No. 42, Art. 6154; 2018, No. 16, Art. 2371).
2.4. Provisions of the state service the direction to the applicant of the FAS Russia of the letter on need of approval of the transaction or the letter on lack of need of approval of the transaction, or the letter on impossibility of consideration of request signed by the head (deputy manager) in essence in connection with non-presentation by the applicant in full is result of the documents and data which are subject to representation as a part of request or in connection with availability in request and (or) documents submitted as a part of request, false information or in connection with non-presentation FULL FACE of Russia within thirty days after sending an inquiry of FAS Russia of necessary data and (or) documents.
2.5. The state service is submitted in time, not exceeding thirty days from the date of receipt of request FULL FACE of Russia.
The specified time does not join the period of receipt of information according to Item 3.11 of Regulations estimated from the date of sending an inquiry about submission of necessary data and (or) documents before receipt date FULL FACE of Russia of missing data and (or) documents. The specified period cannot exceed thirty days from the date of sending an inquiry specified in Item 3.11 of Regulations.
2.6. Receipt date of request FULL FACE of Russia is date of its registration FULL FACE of Russia.
2.7. The list of the regulatory legal acts regulating provision of the state service is posted on the official site by FAS Russia, in the federal register and on the portal of the state and municipal services (functions).
2.8. The state service is provided in case of receipt FULL FACE to Russia of request.
2.9. The request is constituted in any form in document type on paper and goes FULL FACE Russia the applicant one of the following methods:
- mailing;
- transfer directly to the structural division of FAS Russia responsible for documents acceptance.
2.10. In request are specified:
a) information about the applicant, including:
- the name of the organization, position, surname, name, middle name (the last - in the presence) the authorized person in case of the address of the applicant - the legal entity;
- surname, name, middle name (the last - in the presence), type, series, number, date of issue of the identity document, in case of the appeal of physical person, including the individual entrepreneur;
- phone number (with indication of area code) the applicant for implementation of communication with it;
- postal address of the applicant (postal index, name of the subject of the Russian Federation, area, city, settlement, street, house number (ownerships), cases (structure), apartment (office);
- e-mail address (in the presence).
b) the data determining subject and contents of the transaction concerning which the request is sent.
2.11. Request the following documents are included:
- the document confirming state registration of the applicant - the legal entity or physical person as the individual entrepreneur according to the legislation of the relevant state, or concerning the applicant - the legal entity other document confirming the fact of its creation;
- the identity document of the applicant - physical person;
- the document confirming the fact of organization of the applicant - the foreign organization, not being the legal entity, according to the legislation of the state in which it is founded;
- constituent documents of the applicant - the legal entity;
- the document which contains data on the core activities of the applicant performed by the applicant within two years preceding day of giving of request or if the term of implementation of activities of such applicant constitutes less than two years, during such term of implementation, and is constituted in any form (except as specified transactions by foreign state);
- the document containing the information about structure of group of persons which the applicant constituted in the form approved by the order of FAS Russia of 20.11.2006 No. 293 "About approval of form of submission of the list of persons entering one group of persons" enters (registration No. 8552, with the changes made by orders of FAS Russia is registered by the Ministry of Justice of the Russian Federation 04.12.2006: of 12.12.2007 No. 424 (29.12.2007, registration No. 10854) is registered by the Ministry of Justice of the Russian Federation; of 24.11.2008 No. 497 (28.01.2009, registration No. 13187) is registered by the Ministry of Justice of the Russian Federation; of 09.03.2010 No. 114 (it is registered by the Ministry of Justice of the Russian Federation 04.05. 2010, registration No. 17098); of 26.12.2011 No. 897 (it is registered by the Ministry of Justice of the Russian Federation 09.04. 2012, registration No. 23763); of 29.11.2012 No. 724/12 (it is registered by the Ministry of Justice of the Russian Federation 06.02. 2013, registration No. 26867); of 03.04.2014 No. 228/14 (it is registered by the Ministry of Justice of the Russian Federation 29.04. 2014, registration No. 32137);
- the document containing data on participation of the applicant in agreements which can have significant effect on activities of the economic society having strategic importance for ensuring defense of the country and safety of the state (further - the economic society having strategic importance) and the stipulated in Article 6 Laws No. 57-FZ are connected with participation of such economic society in implementation of types of activity;
- the document containing the information about beneficiaries, beneficial owners, person exercising control over the applicant and about signs of finding of the applicant under control according to article 5 of the Federal Law with indication of information on each beneficiary, the beneficial owner, person exercising control over the applicant according to part 2.2 of article 2 of the Law No. 57-FZ;
- the document containing data on the shares (shares) constituting the authorized capital of the economic society having strategic importance, and belonging to the applicant and also on other circumstances existing for date of giving of request and involving in case of transaction according to the Law No. 57-FZ establishment of control of the foreign investor or group of persons over the economic society having strategic importance;
- draft agreements or other documents determining subject and contents of such transaction (in case of their availability).
2.12. The applicant has the right to provide to authorized body as a part of request along with the documents specified in Item 2.11 of Regulations other documents and data which he will consider necessary for confirmation of the fact of establishment (not establishment) of control of the applicant over the economic society having strategic importance and signs of finding of such economic society under control according to the article of the Law No. 57-FZ, and also other information necessary for the characteristic of the expected transaction and (or) acceptance concerning this transaction of the decision.
2.13. In case of giving of request by the legal entity or the foreign organization, not being the legal entity, the documents attached to it are presented in the stitched form, certified by the signature of the head, other authorized person and seal of such legal entity or the foreign organization who is not the legal entity (in case of its availability).
2.14. In case of giving of request by physical person the documents attached to it are presented in the stitched form and certified by the signature of the applicant - physical person.
2.15. Request, and also documents attached to it are submitted in Russian. If originals of documents are constituted in foreign language, they are represented with certified translation into Russian.
2.16. In the presence in the documents of data, components attached to request the commercial, office or protected by the law other secret, the applicant specifies the exhaustive list of the documents containing such data in request.
2.17. Receipt of the documents by the applicant necessary for receipt of other state services which are necessary and obligatory for provision of the state service the legislation of the Russian Federation is not provided.
2.18. For receipt of the state service representation by the applicant of the documents which are at the disposal of other state bodies, local government bodies and other organizations is not required.
2.19. It is forbidden to demand from the applicant:
- submission of documents and information or implementation of actions, representation or implementation of which is not provided by the regulatory legal acts governing the relations arising in connection with provision of the state service;
- submissions of documents and information which according to regulatory legal acts of the Russian Federation, regulatory legal acts of subjects of the Russian Federation and municipal legal acts are at the disposal of the state body providing the state service, other state bodies, local government bodies and (or) subordinated to state bodies and local government bodies of the organizations participating in provision of the state or municipal services, except for documents, specified in part 6 of article 7 of the Federal Law of 27.07.2010 No. 210-FZ "About the organization of provision of the state and municipal services" (The Russian Federation Code, 2010, No. 31, of Art. 4179; 2011, No. 15, Art. 2038; No. 27, Art. 3873, Art. 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, Art. 3480; No. 30, Art. 4084; No. 51, Art. 6679; No. 52, Art. 6952, Art. 6961, Art. 7009; 2014, No. 26, Art. 3366; No. 30, Art. 4264; No. 49, Art. 6928; 2015, No. 1, Art. 67, Art. 72; No. 10, Art. 1393; No. 29, Art. 4342, Art. 4376; 2016, No. 7, Art. 916; No. 27, Art. 4293, Art. 4294; 2017, No. 1, Art. 12; No. 50, Art. 7555; 2018, No. 1, Art. 63; No. 9, Art. 1283; No. 17, Art. 2427; No. 18, Art. 2557; No. 24, the Art. 3413) (further - the Law No. 210-FZ).
2.20. The bases for refusal in documents acceptance, necessary for provision of the state service, are not provided by the legislation of the Russian Federation.
2.21. The basis for suspension of provision of the state service is the FAS Russia sending an inquiry about submission of necessary data and (or) documents prepared according to requirements of Item 3.11 of Regulations.
2.22. The bases for refusal in provision of the state service are:
- availability in request and (or) documents submitted as a part of request, false information;
- non-presentation in 30-days time from the date of sending an inquiry, stipulated in Item 3.11 Regulations, FULL FACE Russia of the data and (or) documents specified in Items 2. 10, 2.11 Regulations.
2.23. Services which are necessary and obligatory for provision of the state service the legislation of the Russian Federation are not provided.
2.24. The state service is provided without collection of the state fee or other payment.
2.25. The maximum term of expectation in queue when giving request about provision of the state service in the structural division of FAS Russia responsible for documents acceptance, and in case of receipt of result of provision of such service in the structural division of FAS Russia performing registration and sending outgoing correspondence constitutes fifteen minutes.
2.26. The request is subject to obligatory registration during the working day in which the request arrived FULL FACE Russia, or during the working day following behind day of receipt of request in case of its receipt FULL FACE of Russia in time off.
2.27. Rooms in which the FAS Russia provides the state service shall conform to the following requirements:
a) acceptance of applicants is performed in the rooms which are specially allocated for these purposes;
b) the rooms intended for acquaintance of applicants with information materials are equipped with information stands;
c) places of expectation in queue on provision or receipt of documents, and also places for filling of documents are equipped with chairs, tables (racks) and provided with models of filling of documents, office supplies;
d) rooms for acceptance of applicants shall be equipped with plates with indication of number of office, surname, name, middle name (the last - in the presence) and positions of the employee performing provision of the state service;
e) rooms for acceptance of applicants shall correspond to comfortable conditions for applicants and optimal conditions of work of employees with applicants.
2.28. Servicing of persons with limited opportunities of health is performed in the room which is specially allocated for these purposes located on the lower floor of the building equipped with the ramps, special barriers and handrail providing free movement and turn of wheelchairs, the tables placed away from entrance for free entrance and turn of carriages. For persons with limited opportunities of health are provided:
- easy access to the building in which the state service, and free use of transport, means of communication and information is provided;
- possibility of independent movement on the territory in which buildings in which the state service, and also entrance and exit from them, landing in the vehicle and disembarkation from it, including with use of wheelchair is provided are located;
- escort of the disabled people having permanent disorders of functions of sight and independent movement, and rendering to them the help in the building where the state service is provided;
- proper placement of the equipment and the data carriers necessary for providing easy access of disabled people to buildings in which the state service, taking into account restriction of their life activity is provided;
- duplication of sound and visual information, necessary for disabled people;
- admission of the signer and tiflosurdoperevodchik;
- the admission of seeing eye dog to buildings where the state service is provided, in the presence of the document confirming its special training and issued in form and according to the procedure which are established by the order of the Ministry of Labour and Social Protection of the Russian Federation of 22.06.2015 No. 386n "About approval of the document form, the seeing eye dog confirming special training, and procedure for its issue" (it is registered by the Ministry of Justice of the Russian Federation 21.07. 2015, registration No. 38115);
- rendering to disabled people the help in overcoming the barriers preventing receipt of the state service by them on an equal basis with other persons.
2.29. Provision of references and consultations is performed in the room which is specially allocated for these purposes located on lower floor of the building of FAS Russia.
2.30. The rooms intended for expectation in queue of acceptance or issue of documents, servicing of persons with limited opportunities of health, provision of references and consultations shall conform to requirements of comfort of conditions of stay in them of applicants and have the signs specifying their appointment.
2.31. Visual, text and multimedia information on procedure for provision of the state service is placed at information stands or information terminals in rooms for expectation and reception of citizens, and also on the official site of FAS Russia.
Execution of visual, text and multimedia information on procedure for provision of the state service shall correspond to optimum visual and acoustical perception of this information by applicants.
2.32. Indicators of availability and quality of provision of the state service are:
- interaction of the applicant with the staff of FAS Russia by provision of the state service is performed during the time which is not exceeding thirty minutes when giving request about provision of the state service and receipt of result of provision of the state service personally by the applicant or the courier;
- availability of complete and exhaustive information about the methods, terms, documents necessary for provision of the state service on the official site of FAS Russia, on the portal of the state and municipal services (functions), at information stands of FAS Russia;
- reliability of the state service provided to applicants of information on the course of provision;
- satisfaction of applicants with quality of the state service;
- adherence to deadlines of provision of the state service;
- opportunity to obtain information on result of provision of the state service, including with use of information and telecommunication technologies;
- lack of reasonable complaints from applicants about actions (failure to act) of officials by results of provision of the state service and on the incorrect, inattentive attitude of officials towards applicants.
2.33. In the course of provision of the state service the applicant interacts with officials of FAS Russia:
1) in case of receipt of information on questions of provision of the state service;
2) when giving request and the documents attached to it;
3) in case of receipt of data on the course of provision of the state service;
4) in case of receipt of result of provision of the state service.
2.34. The possibility of receipt of the state service in the multipurpose centers is absent.
2.35. The state service is provided by Central office of FAS Russia. The possibility of receipt of the state service in territorial subdivisions of FAS Russia is absent.
2.36. Provision of the state service in the multipurpose centers, and also electronically, including with use of the portal state and the portal of the state and municipal services (functions) is not performed.
3.1. Provision of the state service includes the following ministerial procedures:
- acceptance and registration of request;
- consideration of request;
- the direction to the applicant of the letter on need of approval of the transaction or letter on lack of need of approval of the transaction, or letter on impossibility of consideration of request in essence in connection with non-presentation by the applicant in full the documents and data which are subject to representation as a part of request;
- correction of the made typographical errors and error messages in given as a result of provision of the state service documents.
3.2. The basis for ministerial procedure is receipt FULL FACE of Russia of request.
3.3. The request is registered the FAS Russia in time specified in Item 2.24 of Regulations.
Upon the demand of the applicant the employee of FAS Russia performing registration of request does mark in the second copy of request if the request is delivered personally or the courier. The mark in copy of the applicant contains registration date of request, number of registration and the signature of the employee of the FAS Russia which performed registration.
3.4. Registration of request and its transfer to the structural division of FAS Russia responsible for provision of the state service (further - responsible structural division), for consideration is result of ministerial procedure.
3.5. Method of fixing of result of ministerial procedure is assignment of registration number to request with entering of this number in system of clerical work of FAS Russia.
3.6. The basis for ministerial procedure is receipt of the registered request in responsible structural division.
3.7. In case of receipt of request in responsible structural division his head within one working day from the date of receipt of the registered request in responsible structural division appoints the executive in charge (further - the contractor).
3.8. The contractor in three-day time from the date of transfer of request to it according to Item 3.7 of Regulations establishes availability in request of the data specified in Item 2.10 of Regulations and also availability as a part of request of documents, stipulated in Item 2.11 Regulations.
3.9. If the contractor established absence as a part of request of the data and (or) documents specified in Items 2. 10, 2.11 Regulations, the contractor in time no later than three days from the date of the expiration specified in Item 3.8 of Regulations prepares to the applicant the draft of the letter on impossibility of consideration of request in essence in connection with non-presentation by the applicant in full of the documents and data which are subject to representation as a part of request.
3.10. After conducting the check specified in Item 3.8 of Regulations the contractor takes cognizance of request and within five working days determines:
a) the fact of reference of economic society concerning which the request, to the economic societies having strategic importance is sent;
b) the fact of establishment by the applicant of control over the economic society having strategic importance as a result of making of the expected transaction.
3.11. In case of impossibility based on Items 2 provided by the applicant according to requirements. 10, 2.11 Regulations of data and (or) documents to determine the facts specified in Item 3.10 of Regulations the contractor during term, stipulated in Item 3.10 Regulations, prepares to the applicant, the economic society having strategic importance, or, if necessary, in federal executive bodies the project of request about submission of necessary data and (or) documents.
3.12. The draft of the answer prepared by the contractor to the applicant or the project of request, specified in Items 3.9 and 3.11 of Regulations (further - the draft of the letter), within two working days is vised by the head (deputy manager) of responsible structural division then it is transferred to the signature to the head (deputy manager) of FAS Russia.
3.13. The head (deputy manager) of responsible structural division, the head (deputy manager) of FAS Russia in case of consent with the draft of the letter vises or respectively signs it, in case of disagreement - returns on completion with indication of return reasons.
Elimination of return reasons of the draft of the letter, its repeated direction on vising to the head (deputy manager) of responsible structural division, for the signature to the head (deputy manager) of FAS Russia are made in the terms excluding possibility of violation of term of provision of the state service.
3.14. After signing by the head (deputy manager) of FAS Russia of the answer to the applicant or information request of FAS Russia sends to their corresponding persons.
3.15. After receipt FULL FACE of Russia in response to the inquiry of FAS Russia sent Item 3.11 of Regulations, missing data and (or) documents the contractor performs according to action, stipulated in Item 3.10 Regulations, but no later than in 30-days time from the date of the direction of the specified request.
3.16. By results of consideration of request and establishment of the facts, stipulated in Item 3.10 Regulations, the contractor prepares for the applicant the project of one of the following pertinent answers:
- about need of approval of the transaction;
- about lack of need of approval of the transaction.
3.17. The draft of the answer to the applicant about need of approval of the transaction, or about lack of need of approval of the transaction is vised and transferred to the signature to the head (deputy manager) of FAS Russia according to Item 3.13 of Regulations.
3.18. Ministerial procedure the letter on need of approval of the transaction signed by the head (deputy manager) of FAS Russia, or the letter on lack of need of approval of the transaction, or the letter on impossibility of consideration of request in essence in connection with non-presentation by the applicant in full is result of the documents and data which are subject to representation as a part of request or in connection with availability in request and (or) documents submitted as a part of request, false information or in connection with non-presentation FULL FACE of Russia within thirty days after sending an inquiry of FAS Russia of necessary data and (or) documents.
3.19. The contractor after signing by the head (deputy manager) of FAS Russia of one of the letters specified in Item 3.18 of Regulations without delay gives him to the structural division of FAS Russia performing registration and sending outgoing correspondence for registration. The letters which are subject to sending are registered in day of their signing.
3.20. Method of fixing of result of ministerial procedure is assignment of registration number to one of the letters specified in Item 3.18 of Regulations with entering of this number in system of clerical work of FAS Russia.
3.21. The basis for ministerial procedure is assignment to the letter on need of approval of the transaction signed by the head (deputy manager) FAS Russia or the letter on lack of need of approval of the transaction, or the letter on impossibility of consideration of request in essence in connection with non-presentation by the applicant in full of the documents and data which are subject to representation as a part of request or in connection with availability in request and (or) documents submitted as a part of request, false information or in connection with non-presentation FULL FACE of Russia within thirty days after sending an inquiry of FAS Russia of necessary data and (or) documents of registration number with entering of this number in system of clerical work of FAS Russia.
3.22. The letter which is subject to sending goes the structural division of FAS Russia performing registration and sending outgoing correspondence no later than the working day following behind day of registration of the letter.
3.23. By provision of the letter directly to the applicant or his authorized representative the contractor can phone to the applicant about readiness of the letter for issue.
3.24. The employee of structural division of the FAS Russia performing registration and sending outgoing correspondence in case of issue of the letter directly to the applicant or his authorized representative, checks availability of identity documents, and powers of the authorized representative of the applicant for receipt of the letter then issues to the applicant or according to his authorized representative the letter.
3.25. The direction of the letter to the applicant is result of ministerial procedure (provision of the letter is direct to the applicant or his authorized representative).
3.26. Method of fixing of result of ministerial procedure is entering in the register of outgoing correspondence of FAS Russia of mark about sending the letter to the applicant or about receipt of such letter directly the applicant or his authorized representative.
3.27. The basis for ministerial procedure is receipt FULL FACE of Russia of the statement for correction of the typographical errors and (or) mistakes revealed by the applicant in the letter specified in Item 3.18 of Regulations.
3.28. The contractor in time who is not exceeding five days from the date of receipt FULL FACE of Russia of the corresponding statement performs the data specified in the statement.
3.29. In case of identification of the made typographical errors and (or) mistakes in the letter specified in Item 3.18 of Regulations, the contractor performs correction of such typographical errors and (or) mistakes in time, not exceeding fifteen days from the date of receipt FULL FACE of Russia of the corresponding statement.
3.30. The direction of the corrected letter to the applicant is result of ministerial procedure (provision of the letter is direct to the applicant or his authorized representative).
3.31. Method of fixing of result of ministerial procedure is entering in registers of outgoing correspondence of FAS Russia of marks about sending the corrected letter to the applicant or about receipt of such letter directly the applicant or his authorized representative.
3.32. Provision of the state service electronically, including with use of the portal of the state and municipal services (functions) is not provided.
3.33. The state service in the multipurpose centers is not provided.
4.1. The current control of observance and execution by officials of responsible structural divisions of FAS Russia of provisions of Regulations and other regulatory legal acts establishing requirements to provision of the state service and also of adoption of decisions by them is performed by heads of the relevant structural divisions of FAS Russia.
4.2. Subject of control is observance and execution by officials of FAS Russia of procedure for the provision of the state service established by the Regulations and other regulatory legal acts establishing requirements to provision of the state service and also decision making by officials of FAS Russia in the course of provision of the state service.
4.3. In case of identification during the current control of violations of the procedure for provision of the state service or requirements of the regulatory legal acts connected with provision of the state service established by Regulations, heads of the structural divisions responsible for the organization of work on provision of the state service take measures for elimination of such violations and send to the authorized officer of FAS Russia of the offer on application or non-use of measures of responsibility concerning persons which allowed the corresponding violations.
4.4. Forms of control of completeness and quality of provision by officials of FAS Russia of the state service are scheduled and unscheduled inspections.
4.5. The purpose of carrying out scheduled and unscheduled inspections is observance by officials of FAS Russia of the procedure for provision of the state service or requirements of the regulatory legal acts connected with provision of the state service, including timeliness and completeness of consideration of addresses of applicants, justification and legality of adoption of decisions on them established by Regulations.
4.6. Scheduled inspections are carried out based on annual plans of work of FAS Russia.
4.7. Unscheduled inspections are carried out by structural division of FAS Russia in case of identification of violations on provision of the state service or in the specific address of the applicant.
4.8. By results of checks in case of the identification of violations of observance of provisions of Regulations and other regulatory legal acts establishing requirements to provision of the state service, guilty officials bear responsibility in accordance with the legislation of the Russian Federation.
4.9. The personal responsibility of government employees is enshrined in their official regulations according to requirements of the legislation of the Russian Federation.
4.10. Citizens, their associations and the organization in case of violation of Regulations have the right to address with the claim FAS of Russia.
The claim can be provided on the personal acceptance performed by the official of FAS Russia is directed by the mailing or electronically, including with use of the portal of the state and municipal services (functions).
5.1. Interested persons have the right to pre-judicial (extrajudicial) appeal of actions (failure to act) and (or) the decisions made (performed) FAS Russia, officials of FAS Russia during provision of the state service (further - the claim) in the cases specified in article 11.1 of the Law No. 210-FZ, and according to the procedure provided by Chapter 2.1 of the Law No. 210-FZ.
5.2. The applicant has the right to receive, and officials of FAS Russia shall provide to the applicant information and documents necessary for reasons and consideration of the claim if other is not stipulated by the legislation the Russian Federation.
5.3. The decision by results of consideration of the claim can be appealed by the applicant by submission of the claim to the Head of FAS Russia.
5.4. In case of establishment in the course or by results of consideration of the claim of signs of structure of administrative offense or crime the official of FAS Russia authorized for consideration of claims without delay directs the available materials to bodies of prosecutor's office.
5.5. Applicants have the right to appeal actions (failure to act) and (or) FAS Russia's decisions, officials of FAS Russia by submission of the claim to the Head of FAS Russia.
5.6. Informing applicants on procedure for giving and consideration of the claim is performed on the official site of FAS Russia and on the portal of the state and municipal services (functions).
5.7. The procedure for pre-judicial (extrajudicial) appeal of decisions and actions (failure to act) of FAS Russia, and also officials of FAS Russia are regulated by the following regulatory legal acts:
- the order of the Government of the Russian Federation of 16.08.2012 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 the state corporations given according to the Federal Laws authority on provision of the state services in the established field of activity and their officials, the organizations provided by part 1.1 of article 16 of the Federal law "About the Organization of Provision of the State and Municipal Services" and their workers, and also the multipurpose centers of provision of the state and municipal services and their workers" (The Russian Federation Code, 2012, No. 35, Art. 4829; 2014, No. 50, Art. 7113; 2015, No. 47, Art. 6596; 2016, No. 51, Art. 7370; 2017, No. 44, Art. 6523; 2018, No. 25, Art. 3696).
5.8. Information specified in this Section is posted on the official site by FAS Russia, on the portal of the state and municipal services (functions) and in appropriate section of the federal register.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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