It is registered
Ministry of Justice
Russian Federation
On October 12, 2020 No. 60332
of April 29, 2020 No. 84
About approval of Administrative regulations on provision by Federal Accreditation Service of the state service in accreditation of legal entities and individual entrepreneurs in national accreditation system, to expansion, reducing area of accreditation, confirmation of competence of accredited persons, accreditation cancellation, modification of data of the register of accredited persons
According to Article 22, article 23 of the Federal Law of December 28, 2013 No. 412-FZ "About accreditation in national accreditation system" (The Russian Federation Code, 2013, No. 52, Art. 6977; 2018, No. 31, the Art. 4851), Item 2 of 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 (The Russian Federation Code, 2011, No. 22, Art. 3169; 2018, No. 46, 7050), subitems 5.1. 1, 5.1.12, 5.1.13 of the Regulations on Federal Accreditation Service approved by the order of the Government of the Russian Federation of October 17, 2011 No. 845 (The Russian Federation Code, 2011, No. 43, Art. 6079; 2014, to No. 21, of the Art. 2712), I order:
Approve the enclosed Administrative regulations on provision by Federal Accreditation Service of the state service in accreditation of legal entities and individual entrepreneurs in national accreditation system, to expansion, reducing area of accreditation, confirmation of competence of accredited persons, accreditation cancellation, modification of data of the register of accredited persons.
Head
N. V. Skrypnik
Approved by the Order of the Federal Service of the Russian Federation on accreditation of April 29, 2020, No. 84
1. The administrative regulations on provision by Federal Accreditation Service of the state service in accreditation of legal entities and individual entrepreneurs in national accreditation system, to expansion, reducing area of accreditation, confirmation of competence of accredited persons, accreditation cancellation, modification of data of the register of accredited persons (further - Administrative regulations) determine terms and the sequence of ministerial procedures (actions) of Federal Accreditation Service (further - Federal Accreditation Service), its territorial authorities, its structural divisions and officials in case of interaction with applicants, accreditation experts and technical experts, federal executive bodies in the course of provision of the state service in accreditation of legal entities and individual entrepreneurs in national accreditation system, to expansion, reducing area of accreditation, to confirmation of competence of accredited persons, accreditation cancellation, modification of data of the register of accredited persons (further - the state service).
Provisions of these Administrative regulations do not extend to process of provision by Federal Accreditation Service of the state services in accreditation, expansion and reducing area of accreditation, to accreditation cancellation to legal entities, individual entrepreneurs whose features of implementation are stipulated in Clause 24.1 Federal Laws of December 28, 2013 No. 412-FZ "About accreditation in national accreditation system" (further - the Federal Law No. 412-FZ) (The Russian Federation Code, 2013, No. 52, Art. 6977; 2018, No. 31, Art. 4851).
2. The Russian legal entities irrespective of form of business and individual entrepreneurs, and also the foreign organizations if it is provided by international treaties of the Russian Federation, applying for accreditation can be applicants on provision of the state service regarding accreditation.
Applicants on provision of the state service regarding expansion of area of accreditation are accredited legal entities or individual entrepreneurs (further - accredited persons) whose accreditation is not terminated.
Accredited persons whose accreditation is not terminated can be applicants on provision of the state service regarding confirmation of competence of accredited persons.
Accredited persons whose accreditation is not terminated can be applicants on provision of the state services regarding reducing area of accreditation, cancellation of accreditation and modification of data of the register of accredited persons.
Applicants on provision of the state services regarding expansion, reducings area of accreditation, confirmation of competence of accredited persons and modification of data of the register of accredited persons can also be the foreign organizations which obtained accreditation in national accreditation system which accreditation is not terminated.
3. Information on the location and the working schedule of Federal Accreditation Service, telephone numbers for enquiries of structural divisions of Federal Accreditation Service, the e-mail address and form of feedback is posted on the official site of Federal Accreditation Service on the Internet (http://www.fsa.gov.ru) (further - the official site of Federal Accreditation Service) and in the federal state information system "Single Portal of the State and Municipal Services (Functions)" (www.gosuslugi.ru) (further - the Single portal).
4. Informing on provision of the state service by Federal Accreditation Service is performed:
directly Federal Accreditation Service with use of information and communication technologies;
by means of use of telephone, mail service, and also e-mail;
by means of placement of information on the official site of Federal Accreditation Service, the Single portal, and also in federal state information system in the field of accreditation (further - FGIS of Federal Accreditation Service).
The refusal in the acceptance of request and other documents necessary for provision of the state service, and also refusal in provision of the state service is not allowed if the request and documents necessary for provision of the state service are given according to information on terms and procedure for provision of the state service published on the Single portal.
5. Accreditation of legal entities and individual entrepreneurs in national accreditation system, expansion, reducing area of accreditation, confirmation of competence of accredited persons, accreditation cancellation, modification of data of the register of accredited persons.
6. Provision of the state service is performed by central office of Federal Accreditation Service.
7. By provision of the state service regarding accreditation, expansion of area of accreditation, confirmation of competence of accredited person by Federal Accreditation Service it is performed:
interdepartmental electronic interaction with the Federal Tax Service and the Pension Fund of the Russian Federation;
interaction with accreditation experts, technical experts, the expert organizations providing rendering the services necessary and the state services, obligatory for provision.
8. Federal Accreditation Service 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, 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; 2018, No. 40, Art. 6129; 2020, No. 1, Art. 51).
9. Is result of provision of the state service:
accreditation or refusal in accreditation;
expansion of area of accreditation or refusal in expansion of area of accreditation;
reducing area of accreditation or refusal in reducing area of accreditation;
confirmation of competence of accredited person;
completion of passing of the procedure of confirmation of competence of accredited person and suspension of action of accreditation;
completion of passing of the procedure of confirmation of competence of accredited person and direction of the list of discrepancies of accredited person to accreditation criterions;
modification of data of the register of accredited persons or refusal in modification of data of the register of accredited persons;
cancellation of accreditation according to the statement of accredited person or refusal in accreditation cancellation;
the termination according to the statement of the applicant of provision of the state service.
10. The decision on accreditation, on expansion of area of accreditation or on refusal in accreditation, in expansion of area of accreditation is accepted by Federal Accreditation Service within 100 working days from the date of acceptance at the applicant of the corresponding statement and the documents attached to it.
Aggregate term of implementation of accreditation, expansion of area of accreditation does not join terms of suspension of implementation of accreditation according to parts 17 and 29 of article 17 of the Federal Law No. 412-FZ.
In case of not direction the expert in accreditation of offers on involvement of technical experts for their inclusion in structure of expert group, or the direction of the offers which are not containing the consent of technical experts to conducting examination of the documents and data and exit examination of compliance of the applicant to accreditation criterions submitted by the applicant or refusal of the expert in accreditation of conducting examination of the documents and data submitted by the applicant or of exit examination of compliance of the applicant to accreditation criterions aggregate term of the procedure for accreditation, expansion of area of accreditation (100 working days) every time increases by 15 working days (but no more than 5 times).
Aggregate term of the procedure for accreditation, expansion of area of accreditation increases by 10 working days if the applicant submits to Federal Accreditation Service the documents and (or) data confirming elimination of discrepancies by it to accreditation criterions according to part 17 of article 17 of the Federal Law No. 412-FZ and verification of the specified documents and (or) data is performed by Federal Accreditation Service within 10 working days from the date of their obtaining.
In case of violation by the expert in accreditation of the terms of preparation and approval of the expert opinion, act of exit examination, and also signing of the document containing the description of area of accreditation established by parts 15 and 25 of article 17 of the Federal Law No. 412-FZ, aggregate term of the procedure for accreditation, expansion of area of accreditation (100 working days) increases by the term for which the accreditation expert exceeds the specified terms.
If decision making according to parts 28 and 30 of article 17 of the Federal Law No. 412-FZ requires carrying out additional consideration of materials, receipt of explanations from expert group and replies to the requests, including because of availability of the signs testimonial of submission of obviously false and (or) doubtful documents confirming the applicant's compliance to accreditation criterions and also about the provided expert group of obviously false and (or) doubtful expert opinion, act of exit examination or the document containing the description of area of accreditation, or the conclusion about assessment of elimination by the applicant of the revealed discrepancies to accreditation criterions, aggregate term of the procedure for accreditation, expansion of area of accreditation increases by 20 working days.
In case of submission by the expert in accreditation to Federal Accreditation Service of the materials confirming elimination by the applicant accredited by person of discrepancies to accreditation criterions according to part 30 of article 17 of the Federal Law No. 412-FZ check of the specified materials it is performed by Federal Accreditation Service within 20 working days from the date of their obtaining. At the same time aggregate term of the procedure of accreditation, expansion of accreditation increases by 20 working days.
11. Aggregate term of the procedure of confirmation of competence of accredited person constitutes 95 working days from the date of reception of an application about day of decision making according to part 19 of article 24 of the Federal Law No. 412-FZ in the following cases:
if competence proves to be true according to Item 3 of part 1 of article 24 of the Federal Law No. 412-FZ;
if accredited person undergoes the procedure of confirmation of competence of accredited person according to part 1 of article 24 of the Federal Law No. 412-FZ together with the procedure of expansion of area of accreditation according to part 7 of article 24 of the Federal Law No. 412-FZ.
Aggregate term of the procedure of confirmation of competence of accredited person constitutes 70 working days from the date of reception of an application about day of decision making according to part 19 of article 24 of the Federal Law No. 412-FZ (if accredited person undergoes the procedure of confirmation of competence of accredited person according to Items 1, 2 parts 1 of article 24 of the Federal Law No. 412-FZ including if according to part 7 of article 24 of the Federal Law No. 412-FZ together with the specified procedure of confirmation of competence accredited person undergoes the procedure of modification of data of the register of accredited persons, in connection with change of the place or places of implementation of activities of accredited person).
Aggregate term of the procedure of confirmation of competence of accredited person (95 or 70 working days) do not join terms of preparation and approval by the expert in accreditation of the appraisal certificate, and also signing of the document containing the description of area of accreditation regarding exceeding of terms of preparation and approval of the appraisal certificate (in case of violation of these terms by the expert in accreditation).
In case of not direction the expert in accreditation of offers on involvement of technical experts for their inclusion in structure of expert group, or the direction of the offers which are not containing the consent of technical experts to conducting examination of the documents and data and exit examination of compliance of accredited person to accreditation criterions submitted by accredited person or refusal of the expert in accreditation of conducting examination of the documents and data submitted by accredited person or of exit examination of compliance of accredited person to accreditation criterions aggregate term of implementation of confirmation of competence every time increases by 15 working days (but no more than 5 times).
If decision making according to part 19 of article 24 of the Federal Law No. 412-FZ requires carrying out additional consideration of materials, receipt of explanations from expert group and replies to the requests, including because of availability of the signs testimonial of submission of obviously false and (or) doubtful documents confirming compliance of accredited person to accreditation criterions, and also about obviously false and (or) doubtful provided by expert group of the appraisal certificate or document containing the description of area of accreditation, aggregate term of the procedure of confirmation of competence increases by 20 working days.
12. In the case provided by part 4 of article 13 of the Federal Law No. 412-FZ, the term of procedures for accreditation, expansion of area of accreditation, confirmation of competence is prolonged for the term which passed from the date of statement of initial structure of expert group about day of determination by Federal Accreditation Service of the new expert in accreditation.
13. If the applicant or accredited person perform activities in the field of accreditation to 3 or more addresses of implementation of activities, the aggregate term of the procedure for accreditation, expansion of area of accreditation, confirmation of competence of accredited person provided by Items 10 and 11 of Administrative regulations increases by 5 working days concerning each additional address of the place of implementation of activities (regarding the corresponding increase in terms of carrying out documentary assessment of conformity of the applicant to accreditation criterions for 5 working days, exit assessment of conformity of the applicant to accreditation criterions for 5 working days, documentary assessment of conformity of accredited person to accreditation criterions and exit assessment of conformity of accredited person to accreditation criterions for 5 working days in total).
14. The decision on reducing area of accreditation is drawn up by the order of Federal Accreditation Service within 10 working days from the date of submission by accredited person of the statement for reducing area of accreditation.
The copy of the order of Federal Accreditation Service on reducing area of accreditation of accredited person within 3 working days from the date of decision making about reducing area of accreditation is handed (goes) to the accredited person.
If the application for reducing area of accreditation is submitted by accredited person during passing of the procedure of competence confirmation by it, the decision on reducing area of accreditation is made by national authority on accreditation within 10 working days from the date of adoption of the decision by it by results of the procedure of confirmation of competence of accredited person.
15. Copies of orders on accreditation, about refusal in accreditation, about expansion of area of accreditation are handed (go) to the applicant within 3 working days from the date of acceptance by the authorized officer of Federal Accreditation Service of the decision on accreditation, about refusal to accreditations, about expansion of area of accreditation.
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