Order of the Federal Service of the Russian Federation on ecological, technological and atomic supervision "About modification of Administrative regulations of Federal Service for Environmental, Technological and Nuclear Supervision on provision..."

It is registered

Ministry of Justice

Russian Federation

On November 30, 2021 No. 66153

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

of November 23, 2021 No. 396

About modification of the Administrative regulations of Federal Service for Environmental, Technological and Nuclear Supervision on provision of the state service in licensing of activities for expertize of industrial safety approved by the Order of Federal Service for Environmental, Technological and Nuclear Supervision of November 25, 2020 No. 455

According to part 1 of article 13 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; 2021, No. 1, the Art. 48), 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; 2021, No. 27, the Art. 5177), subitem 5.3.2 of Item 5 of the Regulations on Federal Service for Environmental, Technological and Nuclear Supervision approved by the order of the Government of the Russian Federation of July 30, 2004 No. 401 (The Russian Federation Code, 2004, No. 32, Art. 3348; 2006, No. 52, the Art. 5587), 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, the Art. 7050), the list of the federal executive bodies and the state corporations performing licensing of specific types of activity, the approved order of the Government of the Russian Federation of November 21, 2011 No. 957 (The Russian Federation Code, 2011, No. 48, Art. 6931; 2021, No. 39, the Art. 6712), Item 2 of the Regulations on licensing of activities for expertize of industrial safety approved by the order of the Government of the Russian Federation of September 16, 2020 No. 1477 (The Russian Federation Code, 2020, No. 39, Art. 6054; 2021, to No. 37, of the Art. 6505), I order:

1. Make changes to the Administrative regulations of Federal Service for Environmental, Technological and Nuclear Supervision on provision of the state service in licensing of activities for expertize of industrial safety approved by the order of Federal Service for Environmental, Technological and Nuclear Supervision of November 25, 2020 No. 455 (registration No. 63051), according to appendix to this order is registered by the Ministry of Justice of the Russian Federation on April 12, 2021.

2. This order becomes effective since March 1, 2022 and is effective till January 1, 2027.

Head

A. V. Trembitsky

Appendix

to the Order of the Federal Service of the Russian Federation on ecological, technological and atomic supervision of November 23, 2021 No. 396

The changes made to the Administrative regulations of Federal Service for Environmental, Technological and Nuclear Supervision on provision of the state service in licensing of activities for expertize of industrial safety approved by the Order of Federal Service for Environmental, Technological and Nuclear Supervision of November 25, 2020 No. 455

1. In the subitem 1 of Item 2 of the word "and the foreign legal entities performing activities in the territory of the Russian Federation through accredited according to the Federal Law of July 9, 1999 No. 160-FZ "About foreign investments in the Russian Federation" (The Russian Federation Code, 1999, No. 28, Art. 3493; 2018, No. 23, of the Art. 3229), branches, representations of foreign legal entities" to exclude.

2. In the subitem 2 of Item 5 shall be replaced with words the word "renewals" "modification of the register of licenses".

3. To state the subitem 2 of Item 14 in the following edition:

"2) introduction (refusal in introduction) changes in the register of licenses;".

4. State Item 16 in the following edition:

"16. Introduction (refusal in introduction) changes in the register of licenses in cases of reorganization of the legal entity in the form of transformation, reorganization of legal entities in the form of merge (on condition of availability at each legal entity participating in merge as of date of state registration of the legal successor of the reorganized legal entities of the license for the same type of activity), joining of the licensee to other legal entity, changes of the name of the legal entity or the address within the place of its stay, and also in case of the termination of activities for one place or several places of its implementation provided by the license, the terminations of accomplishment of one or several work types (services) which are carried out as a part of the licensed type of activity, change according to regulatory legal act of the Russian Federation of the name of the licensed type of activity, lists of works, services which are performed appear as a part of specific types of activity if need of modification of the register of licenses is determined by this regulatory legal act, it is performed in time, not exceeding ten working days from the date of the reception of an application specified in Item 27 of Administrative regulations.".

5. In Item 17 of the word "Renewal (Refusal in Renewal) Licenses" shall be replaced with words "Introduction (refusal in introduction) changes in the register of licenses".

6. State Item 18 in the following edition:

"18. Introduction (refusal in introduction) changes in the register of licenses in case of intention of the licensee to perform the licensed type of activity in the place of its implementation which is not provided by the license in case of intention of the licensee to perform new works, to render the new services constituting the licensed type of activity is performed in time, not exceeding thirty working days from the date of the reception of an application specified in Item 27 of Administrative regulations, and documents, stipulated in Item 28 Administrative regulations.".

7. To state paragraph two of Item 24 in the following edition:

"The applicant has the right to direct declarative documents in the form of electronic documents (packet of the electronic documents) signed by the simple digital signature or the strengthened qualified digital signature with use of EPGU taking into account the requirements provided in Item 55 of Administrative regulations.".

8. In Item 27 of the word of "renewal of the license" shall be replaced with words "modification of the register of licenses".

9. State Item 28 in the following edition:

"28. Documents, stipulated in Item 26 Administrative regulations are attached to the statement for modification of the register of licenses in case of intention of the licensee to perform the licensed type of activity in the place of its implementation which is not provided by the license and (or) to perform new works, to render the new services constituting the licensed type of activity.".

10. In the subitem 1 of Item 31 of the word", the register of accredited branches, representations of foreign legal entities (further - RAPF)" to exclude.

11. To declare the subitem 3 of Item 37 invalid.

12. In Item 39 of the word", renewal of the license" shall be replaced with words "licenses, modification of the register of licenses based on the statement for modification of the register of licenses".

13. Declare Item 40 invalid.

14. To declare the subitem 3 of Item 51 invalid.

15. In Item 55 of the word "electronically" shall be replaced with words "in the form of electronic documents (packet of electronic documents)".

16. In the subitem 3 of Item 56 of the word of "documentary check" shall be replaced with words "documentary assessment".

17. In the subitem 4 of Item 56 of the word "check of compliance" shall be replaced with words "assessment of conformity".

18. In the subitem 5 of Item 56 of the word", renewal (about refusal in renewal)" shall be replaced with words licenses "the license, introduction (about refusal in introduction) changes in the register of licenses".

19. State Item 59 in the following edition:

"59. In the absence of the bases for refusal in acceptance of declarative documents person responsible for interaction with applicants, within one working day from the date of receipt of declarative documents accepts and registers declarative documents according to the inventory which copy with mark about date of acceptance is handed to the applicant on the same day or goes to it the registered mail with the assurance of receipt or in electronic form, the signed strengthened qualified digital signature, the method providing assurance of receipt by the license applicant (licensee) of such copy and delivery confirmation of the specified document.

In case of submission of the statement by the license applicant (licensee) and the documents attached to it in the form of electronic documents (set of electronic documents) with use of EPGU person responsible for interaction with applicants, instead of the copy of the inventory with mark about date of acceptance specified the statement and documents directs to the license applicant (licensee) with use of its personal account to EPGU the notification signed by the chief (deputy chief) of the structural division responsible for provision of the state service, confirming date of reception of an application and the documents attached to it.

At the request of the license applicant (licensee), specified in the statement, the copy of the inventory with mark about date of reception of an application and the documents attached to it in electronic form can be directed by e-mail of the license applicant (licensee).".

20. In Item 68 of the word", renewal of the license" shall be replaced with words "licenses, modification of the register of licenses".

21. State Item 69 in the following edition:

"69. In case of discrepancy of set of declarative documents to Items 25 - 28 Administrative regulations the contractor within three working days from the date of acceptance of declarative documents sends to the department responsible for interaction with applicants, the notification on need of elimination of the revealed violations signed by the chief (deputy chief) of the structural division responsible for provision of the state service, for delivery to the license applicant (licensee) or the directions of such notification the registered mail with the assurance of receipt or at the choice of the applicant in electronic form signed by the strengthened qualified digital signature, the method providing delivery confirmation of such notification and its obtaining by the applicant.

In case of submission of the statement by the license applicant (licensee) and the documents attached to it in the form of electronic documents (set of electronic documents) with use of EPGU the notification on need of elimination in the 30-days time of the revealed violations and (or) submission of missing documents goes to the license applicant (licensee) with use of its personal account to EPGU.

At the request of the license applicant (licensee), specified in the statement, the notification on need of elimination can be sent to the 30-days time of the revealed violations and (or) submission of missing documents by e-mail.".

22. State Item 72 in the following edition:

"72. In case of submission of properly issued application and complete set of the documents specified in Items 25 - 28 Administrative regulations, or elimination of the violations specified in the notification on need of elimination of the revealed violations, the contractor within three working days from the date of their acceptance creates the draft decision about compliance of the statement and the documents attached to it, to the established requirements and appointment of structural division of Rostekhnadzor responsible for assessment of conformity of the license applicant (licensee) to licensed requirements.

In need of consideration of declarative documents by several structural divisions of Rostekhnadzor, the contractor determines one structural division head (further - the head contractor).".

23. In the name of the subsection "Check of Reliability of the Data Provided by the License Applicant (Licensee) within Documentary Check" of the word of "documentary check" shall be replaced with words "documentary assessment".

24. In Item 78 of the word "documentary check" shall be replaced with words "documentary assessment".

25. State Item 82 in the following edition:

"82. Documentary assessment in case of receipt of the statement for cancellation of the license, and also in case of receipt of the statement for modification of the register of licenses on the bases specified in Item 17 of Administrative regulations is not carried out.".

26. In Item 83 of the word of "documentary check" shall be replaced with words "documentary assessment".

27. State Item 84 in the following edition:

"84. In case of lack of the bases for refusal in provision of the state service provided by subitems 1, 2 Items 37 of Administrative regulations, the contractor within eight working days from the date of reception of an application draws up the act of documentary assessment and the decision on compliance directs to the head contractor applications and the documents attached to it to the established requirements, the act of documentary assessment and set of declarative documents.".

28. In Item 86 of the word of "documentary check" shall be replaced with words "documentary assessment".

29. In Item 87 of the word of "documentary check" shall be replaced with words "documentary assessment".

30. In the name of the subsection "Check of Compliance of the License Applicant (Licensee) to Licensed Requirements" of the word "Check of Compliance" shall be replaced with words "Assessment of conformity".

31. In Item 89 of the word "act of documentary check" shall be replaced with words "the act of documentary assessment".

32. State Item 90 in the following edition:

"90. The head contractor within two working days from the date of receipt of the decision on compliance of the statement and the documents attached to it to the established requirements, the act of documentary assessment and set of declarative documents draws up and directs the mailing or electronically the order to territorial authority of Rostekhnadzor to carrying out exit assessment concerning the license applicant (licensee) in places of implementation of the licensed type of activity by it with application of a copy of the statement for provision of the state service and the copy of the inventory of the enclosed documents.

In the order terms of carrying out exit assessment of conformity of the license applicant (licensee) are specified to licensed requirements.".

33. State Item 91 in the following edition:

"91. The territorial authority of Rostekhnadzor in case of receipt of the order of the head contractor about need of carrying out exit assessment of conformity of the license applicant (licensee) to the licensed requirements established by Regulations on licensing of activities for expertize of industrial safety will organize and carries out the specified assessment according to provisions of the Federal Law "About Licensing of Separate Types of Activity".".

34. State Item 92 in the following edition:

"92. By results of exit assessment of the license applicant (licensee) to licensed requirements the act of exit assessment is drawn up.".

35. State Item 93 in the following edition:

"93. The appraisal report is drawn up directly after its completion in duplicate, one of which with copies of appendices is handed to the head, other official or the authorized representative of the applicant.

By results of carrying out exit assessment of conformity of the license applicant (licensee) to licensed requirements the territorial authority of Rostekhnadzor within one working day from the date of execution of the appraisal report sends its copy to the head contractor.".

36. State Item 94 in the following edition:

"94. The head contractor no later than the thirty ninth (in case of provision of the license) or the twenty fourth working day (in case of modification of the register of licenses) from the date of reception of an application draws up and sends the conclusion about compliance (or discrepancy) the license applicant (licensee) to licensed requirements with appendix of the agreed project of the decision to the structural division of Rostekhnadzor responsible for provision of the state service.

In case of execution of the conclusion about compliance (or discrepancy) the license applicant (licensee) to licensed requirements and the draft decision it is considered that if by results of assessment discrepancy of the license applicant (licensee) to licensed requirements for separate works (services) constituting the licensed type of activity is revealed (including separate works (services) which the license applicant (licensee) intends to carry out in one or several places of implementation of the licensed type of activity), provision of the license (modification of the register of licenses) to the specified license applicant (licensee) is performed at its request on those work types (services) constituting the licensed type of activity (including works (service) which the license applicant (licensee) intends to carry out in one or several places of implementation of the licensed type of activity), concerning which compliance of the license applicant (licensee) to licensed requirements was confirmed during the specified assessment.".

37. State Item 95 in the following edition:

"95. In case of consideration of declarative documents by several structural divisions, the head contractor directs to the executive in charge of the considering structural division the service record with appendix of the draft decision with indication of to need of approval of the arrived project in time, not exceeding three working days from registration date in Rostekhnadzor of the specified service record.

The agreed project of the decision, and also declarative documents go to the head contractor by means of the service record. In case of disagreement with the draft decision the executive in charge of the considering structural division in the service record specifies the motivated reasons interfering adoption of such decision.".

38. In Item 96 of the word", renewal (about refusal in renewal)" shall be replaced with words licenses "the license, introduction (about refusal in introduction) changes in the register of licenses".

39. State Item 97 in the following edition:

"97. In case of identification of the bases for refusal in provision of the license, modification of the register of licenses the head contractor in the draft of the order specifies causes of failure according to part 7 of article 14 of the Federal law "About Licensing of Separate Types of Activity".".

40. State Item 98 in the following edition:

"98. By consideration of the declarative documents submitted for modification of the register of licenses by reorganization of the legal entity in the form of transformation, reorganization of legal entities in the form of merge, joining of the licensee to other legal entity, change of its name, the address within the location, exception of places of implementation of the licensed type of activity, exception of work types as a part of the licensed type of activity, in case of change of the location of the licensee - the legal entity, the place of implementation of the licensed type of activity connected with renaming of geographical object, the street, area or other territory, numbering change, including the postal index and also provided for cancellation of the license, the draft of the order draws up the structural division of Rostekhnadzor responsible for provision of the state service.".

41. State Item 99 in the following edition:

"99. Exit assessment in case of receipt of the statement for cancellation of the license, about modification of the register of licenses in the cases specified in Item 98 of Administrative regulations is not carried out.".

42. State Item 100 in the following edition:

"100. The official, to licensed requirements, responsible for assessment of conformity of the license applicant (licensee), the chief (deputy chief) of head structural division of Rostekhnadzor appointed the chief (deputy chief) of the structural division responsible for provision of the state service is.".

43. In Item 102 of the word "or about renewal (about refusal in renewal) licenses" shall be replaced with words "licenses or about introduction (about refusal in introduction) changes in the register of licenses".

44. State Item 103 in the following edition:

"103. Method of fixing of result of ministerial procedure is the direction head structural division of Rostekhnadzor of the conclusion about compliance (discrepancy) of the license applicant (licensee) to licensed requirements, with appendix of the agreed project of the order on provision (about refusal in provision) licenses or about introduction (about refusal in introduction) changes in the register of licenses in the structural division of Rostekhnadzor responsible for provision of the state service.".

45. To state the name of the subsection "Decision Making about Provision (about Refusal in Provision), about Renewal (about Refusal in Renewal) Licenses" in the following edition:

"Decision making about provision (about refusal in provision) licenses, about introduction (about refusal in introduction) changes in the register of licenses".

46. In Item 104 of the word "renewal (about refusal in renewal)" shall be replaced with words licenses "introduction (about refusal in introduction) changes in the register of licenses".

47. In Item 106 of the word "renewal of the license" shall be replaced with words "modification of the register of licenses".

48. State Item 107 in the following edition:

"107. Structural division of Rostekhnadzor responsible for provision of the state service:

1) in case of decision making about provision of the license (about modification of the register of licenses) within one working day after day of introduction of record about provision of the license (about modification) to the register of licenses is sent to the license applicant (licensee) by the notification on provision of the license (about modification of the register of licenses) signed by the chief (deputy chief) of the structural division responsible for provision of the state service, containing the reference to the data on provision of the license (about modification of the register of licenses) from the register of licenses placed on the Internet. The specified notification on provision of the license (about modification of the register of licenses) can be directed by the licensing body for e-mail of the license applicant (licensee) specified in the statement for provision of the license (about modification of the register of licenses). In case of submission of the statement by the license applicant (licensee) and the documents attached to it in the form of electronic documents (set of electronic documents) with use of EPGU the notification on provision of the license (about modification of the register of licenses) goes to the license applicant (licensee) with use of its personal account to EPGU.

If in the statement the license applicant (licensee) indicated the need receipts of the statement from the register of licenses along with the direction of the notification on provision of the license (about modification of the register of licenses) - sends to the applicant the statement from the register of licenses in electronic form signed by the strengthened qualified digital signature;

Within three working days from the date of adoption of this decision sends 2) in case of decision making about refusal in provision of the license (in modification of the register of licenses) to the license applicant (licensee) in electronic form, signed by the strengthened qualified digital signature, the notification on refusal in provision of the license (in modification of the register of licenses) with motivated reasons for causes of failure and with reference to specific provisions of the regulatory legal acts and other documents which are the basis of such refusal or if the discrepancy of the license applicant (licensee) to licensed requirements established during assessment, details of the appraisal report of the license applicant (licensee) is cause of failure. The specified notification on refusal in provision of the license (in modification of the register of licenses) can be directed by the licensing body for e-mail of the license applicant (licensee) for its request specified in the statement for provision of the license (about modification of the register of licenses). In case of submission of the statement by the license applicant (licensee) and the documents attached to it in the form of electronic documents (set of electronic documents) with use of EPGU the notification on refusal in provision of the license (in modification of the register of licenses) goes to the license applicant (licensee) with use of its personal account to EPGU.

In case of receipt of the statement and the documents attached to it in Rostekhnadzor on paper - sends to the department of Rostekhnadzor responsible for interaction with applicants the notification on refusal in provision of the license (in modification of the register of licenses) for delivery within three working days from the date of decision making about refusal in provision of the license (in modification of the register of licenses) to the license applicant (licensee) or the directions to the license applicant (licensee) the registered mail with the assurance of receipt.".

49. In Item 108 of the word", about renewal (about refusal in renewal) licenses" shall be replaced with words "licenses, about introduction (about refusal in introduction) changes in the register of licenses".

50. In Item 110 of the word", about renewal (about refusal in renewal) licenses" shall be replaced with words "licenses, about introduction (about refusal in introduction) changes in the register of licenses".

51. In Item 111 of the word", about renewal (about refusal in renewal) licenses" shall be replaced with words "licenses, about introduction (about refusal in introduction) changes in the register of licenses".

52. To declare the subitem 1 of Item 125 invalid.

53. To state the subitem 3 of Item 125 in the following edition:

"3) is checked by availability of the basis for the refusal in provision of the state service provided by the subitem 4 of Item 37 of Administrative regulations.".

54. In Item 126 of the word "and lack of the bases for refusal in provision of the state service provided by subitems 3 and 4 of Item 37 of Administrative regulations" shall be replaced with words "and lack of the basis for the refusal in provision of the state service provided by the subitem 4 of Item 37 of Administrative regulations".

55. In Item 127 of the word "availability of the bases for refusal in provision of the state service provided by subitems 3 and 4 of Item 37 of Administrative regulations" shall be replaced with words "availability of the basis for the refusal in provision of the state service provided by the subitem 4 of Item 37 of Administrative regulations".

56. State appendix No. 1 in the following edition:

"Appendix No. 1

to Administrative regulations of Federal Service for Environmental, Technological and Nuclear Supervision on provision of the state service in licensing of activities for the expertize of industrial safety approved by the Order of the Federal Service of the Russian Federation on ecological, technological and atomic supervision of November 25, 2020 No. 455

Form

The Federal Service on ecological,

to technological and atomic supervision

Statement for provision of the license

Applicant:

Legal entity

Full name _______________________________________________________

Abbreviated name (in the presence) ____________________________________

Trade name ____________________________________________________

Form of business _____________________________________________

The address within the location of the legal entity ________________________

INN _______________________________________________________________________

Data of the document on statement of the license applicant on accounting in tax

body ____________________________________________________________________

PSRN ______________________________________________________________________

Data of the document confirming the fact of introduction of information about the legal entity

in the Unified State Register of Legal Entities ___________________________

I ask to provide the license for implementation of the following type of activity:

Expertize of industrial safety

The work types (services) which are carried out (rendered) as a part of the licensed type

activities:

Expertize of industrial safety of documentation on

preservation, liquidation of hazardous production facility

Expertize of industrial safety of documentation on

modernization of hazardous production facility in

case if this documentation is not part of the project documentation

such object, the subject examination according to the legislation

The Russian Federation about town-planning activities

Expertize of industrial safety of technical

the devices used on hazardous production facility in

cases, the stipulated in Clause 7 Federal Laws "About industrial

safety of hazardous production facilities"

Expertize of industrial safety of buildings and constructions

on hazardous production facility, intended for

implementation of engineering procedures, storage of raw materials or products,

movements of people and loads, localizations and mitigations of consequences of accidents

Expertize of industrial safety of the declaration

the industrial safety developed as a part of documentation

on modernization (if the specified documentation not

is part of the project documentation of hazardous production facility,

to the subject examination according to the legislation Russian

Federations about town-planning activities), preservation, liquidation

hazardous production facility, or again developed declaration

industrial safety

Reasons expertize of industrial safety

safety of hazardous production facility, and also changes,

brought in reasons for safety of hazardous production facility

Places of implementation of the licensed type of activity:

1) _______________________________________________________________________,

2) _______________________________________________________________________,

3) _______________________________________________________________________,

... ______________________________________________________________________.

Data:

Postal address (in the presence) ______________________________________________

_________________________ phone fax (in the presence) ______________________

E-mail address (in the presence) _____________________________________

Method of receipt of the document confirming provision of state

services:

Notification: The statement from the register of licenses:

In the licensing body In the licensing body

The mailing In electronic form

on the e-mail address

In electronic form In electronic form

with use of personal account, personal with use

office on EPGU on EPGU

I ask:

Direct the copy of the inventory with mark about date of reception of an application about

provision of the license and the documents attached to it in shape

the electronic document on the e-mail address

Direct the notification on need of elimination of the revealed violations

on the e-mail address

Provide the license for those work types, components licensed

type of activity (including for works which are intended to be carried out on

to one or several places of implementation of the licensed type

activities), concerning which compliance to licensed requirements

it is confirmed during assessment

Direct the notification on refusal in provision of the license in shape

the electronic document on the e-mail address

___________________________________________________________________________

(the name and details of the document confirming powers

representative)

_________________ ____________________ "__" ___________ 20 __.

(signature) (First name, middle initial, last name) (date)

____________________

57. State appendix No. 2 in the following edition:

"Appendix № 2

Form

The Federal Service on ecological,

to technological and atomic supervision

Statement for modification of the register of licenses