ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of February 4, 2023 No. 163

About modification of the Order of the Government of the Russian Federation of June 27, 2013 No. 543

The government of the Russian Federation decides:

1. Approve the enclosed changes which are made to the order of the Government of the Russian Federation of June 27, 2013 No. 543 "About the state control (supervision) of realization of subjects of the Russian Federation of powers by executive bodies in the field of price regulation (rates)" (The Russian Federation Code, 2013, No. 27, Art. 3602; 2015, No. 14, Art. 2123; No. 37, Art. 5153; 2016, No. 7, Art. 988; 2018, No. 44, Art. 6733; 2019, No. 23, Art. 2962; 2020, No. 34, Art. 5481; 2021, No. 28, Art. 5518; 2022, No. 1, Art. 135).

2. To Federal Antimonopoly Service till July 1, 2024:

approve report forms, stipulated in Item 25 Regulations on the state control (supervision) of realization of subjects of the Russian Federation of powers by executive bodies in the field of the price regulation (rates) approved by the order of the Government of the Russian Federation of June 27, 2013 No. 543 "About the state control (supervision) of realization of subjects of the Russian Federation of powers by executive bodies in the field of price regulation (rates)" (in edition of this resolution);

bring the regulatory legal acts into accord with this resolution.

3. This resolution becomes effective from the date of its official publication, except for paragraphs two - the fifth Item 25 of the Regulations on the state control (supervision) of realization of subjects of the Russian Federation of powers by executive bodies in the field of the price regulation (rates) approved by the order of the Government of the Russian Federation of June 27, 2013 No. 543 "About the state control (supervision) of realization of subjects of the Russian Federation of powers by executive bodies in the field of price regulation (rates)" (in edition of this resolution) which become effective since July 1, 2024.

Approved by the Order of the Government of the Russian Federation of February 4, 2023 No. 163

Changes which are made to the Order of the Government of the Russian Federation of June 27, 2013 No. 543

1. In the name and the paragraph the second Item 1 of the word "executive bodies" shall be replaced with words "executive bodies".

2. Declare Item 2 invalid.

3. To state the regulations on the state control (supervision) of realization of subjects of the Russian Federation of powers by executive bodies in the field of price regulation (rates) approved by the specified resolution in the following edition:

"It is approved by the Order of the Government of the Russian Federation of June 27, 2013 No. 543
(in edition of the Order of the Government of the Russian Federation of February 4, 2023 No. 163)

Regulations on the state control (supervision) of realization of subjects of the Russian Federation of powers by executive bodies in the field of price regulation (rates)

I. General provisions

1. This Provision establishes procedure of the state control (supervision) of realization of subjects of the Russian Federation of powers by executive bodies in the field of price regulation (rates) which subject is established in Item 6 of this provision (further respectively - controlled persons, the state control (supervision).

According to this Provision the following types of the state control (supervision) are performed:

the state control (supervision) of realization by controlled persons of powers in spheres of natural monopolies;

the state control (supervision) of realization by controlled persons of powers in the field of price regulation (rates) in the field of gas supply;

the state control (supervision) of realization by controlled persons of powers in the field of price regulation (rates) in the field of power industry;

the state control (supervision) of realization by controlled persons of powers in the field of price regulation (rates) in the field of heat supply;

the state control (supervision) of realization by controlled persons of powers in the field of regulation of rates in the field of water supply and water disposal;

the state control (supervision) of realization by controlled persons of powers in the field of regulation of rates in the field of the address with solid utility waste.

2. The state control (supervision) is exercised by Federal Antimonopoly Service (further - regulatory authority).

3. Provisions of the Federal Law "About the General Principles of the Organization of the Public Power in Subjects of the Russian Federation", and also the Federal Laws "About Natural Monopolies", "About Gas Supply in the Russian Federation", "About Power Industry", "About Heat Supply", "About Water Supply and Water Disposal", "About Production Wastes and Consumption", and this provision are applied to the relations connected with implementation of the state control (supervision).

4. For the purposes of this provision the following concepts are used:

"investment resources" - the means provided in quality of sources of financing of investing programs of subjects of natural monopolies, subjects of power industry, the organizations performing regulated types of activity in the field of heat supply, the organizations, performing the hot water supply, cold water supply and (or) water disposal, the investing programs in the field of the address with solid utility waste approved in accordance with the established procedure (further - investing programs) included in structure of necessary gross revenue of such organizations in case of establishment of regulated prices (rates) in the amount provided by investing programs;

"use of investment resources" - expenditure of investment resources according to the purposes, actions and the amounts of financing provided by investing programs.

5. The officials of regulatory authority exercising the state control (supervision) (further - inspectors), are:

a) head of Federal Antimonopoly Service;

b) deputy managers of Federal Antimonopoly Service under whose authority questions of the state control (supervision) are;

c) chiefs of structural divisions of Federal Antimonopoly Service and their deputies under whose authority questions of the state control (supervision) are;

d) chiefs of departments of structural divisions of Federal Antimonopoly Service and their deputies under whose authority questions of the state control (supervision), the chief state inspectors, the chief state inspectors and the state inspectors of departments of structural divisions of Federal Antimonopoly Service under whose authority questions of the state control (supervision) are are;

e) the federal government civil servants of Federal Antimonopoly Service of the leading and senior groups of positions of category "specialists", younger group of positions of category "providing specialists" of departments of structural divisions of Federal Antimonopoly Service who are not specified in the subitem "g" of this Item under whose authority questions of the state control (supervision) are.

6. Subject of the state control (supervision) is:

a) in spheres of natural monopolies (except as specified, specified in subitems "b" - "д" this Item) - observance by controlled person in case of realization of powers in spheres of natural monopolies of the mandatory requirements established by the Federal Law "About Natural Monopolies", other Federal Laws and other regulatory legal acts accepted according to them in spheres of natural monopolies to establishment and (or) use of the prices (rates) in spheres of the natural monopolies regulated at the level of controlled person including regarding determination of reliability, economic justification of the expenses and other indicators considered in case of state regulation of the prices (rates), accounting by controlled person of economic justification of the actual expenditure of means when implementing regulated types of activity and also separate accounting of the income and expenses when implementing regulated types of activity in case of establishment of the state regulated prices (rates), uses of the investment resources considered in case of state regulation of the prices (rates);

b) in the field of gas supply - observance by controlled person in case of realization of powers in the field of price regulation (rates) in the field of gas supply of the mandatory requirements established by the Federal Law "About Gas Supply in the Russian Federation", other Federal Laws and other regulatory legal acts in the field of gas supply, to establishment and (or) application regulated by the state of the prices (rates) in the field of gas supply regulated at the level of controlled person including regarding determination of reliability, economic justification of the expenses and other indicators considered in case of state regulation of the prices (rates), accounting by controlled person of economic justification of the actual expenditure of means when implementing regulated types of activity, and also separate accounting of the income and expenses when implementing regulated types of activity in case of establishment of the prices (rates) regulated by the state;

c) in the field of power industry - observance by controlled person in case of realization of powers in the field of price regulation (rates) in the field of power industry of the mandatory requirements established by the Federal Law "About Power Industry", other Federal Laws and other regulatory legal acts of the Russian Federation in the field of power industry to establishment and (or) use of the prices (rates) and the payments in power industry regulated at the level of controlled person including regarding determination of reliability, economic justification of the expenses and other indicators considered in case of state regulation of the prices (rates) and payments, accounting by controlled person of economic justification of the actual expenditure of means when implementing by subjects of power industry of types of activity in whom state regulation of the prices (rates) in power industry is applied and also separate accounting of the income and expenses when implementing by subjects of power industry of the specified types of activity in case of establishment of the prices (rates) regulated by the state and payments, uses of the investment resources considered in case of establishment of the prices (rates) regulated by the state and payments;

d) in the field of heat supply - observance by controlled person in case of realization of powers in the field of price regulation (rates) in the field of heat supply of the mandatory requirements established by the Federal Law "About Heat Supply", other Federal Laws and other regulatory legal acts of the Russian Federation in the field of heat supply to establishment and (or) use of the prices (rates) in the field of heat supply regulated at the level of controlled person including regarding determination of reliability, economic justification of the expenses and other indicators considered in case of state regulation of the prices (rates), accounting by controlled person of economic justification of the actual expenditure of means when implementing regulated types of activity in the field of heat supply and also separate accounting of the income and expenses when implementing regulated types of activity in the field of heat supply in case of establishment of regulated prices (rates), uses of the investment resources considered in case of establishment of regulated prices (rates) and observance by controlled person of the standards of disclosure of information provided by the Federal Law "About Heat Supply";

e) in the field of water supply and water disposal - observance by controlled person in case of realization of powers in the field of regulation of rates in the field of water supply and water disposal of the mandatory requirements established by the Federal Law "About Water Supply and Water Disposal", other Federal Laws and other regulatory legal acts accepted according to them in the field of water supply and water disposal to establishment and (or) application of rates in the field of the water supply and water disposal regulated at the level of controlled person including regarding determination of reliability, economic justification of the expenses and other indicators considered in case of regulation of rates, accounting by controlled person of economic justification of the actual expenditure of means when implementing regulated types of activity in the field of water supply and water disposal and also separate accounting of the income and expenses when implementing regulated types of activity in the field of water supply and water disposal in case of establishment of regulated rates, uses of the investment resources considered in case of establishment of rates and observance by controlled person of the standards of disclosure of information provided by the Federal Law "About Water Supply and Water Disposal";

e) in the field of the address with solid utility waste - observance by controlled person in case of realization of powers in the field of regulation of rates in the field of the appeal with solid utility waste of the mandatory requirements established by the Federal Law "About Production Wastes and Consumption", other Federal Laws and other regulatory legal acts of the Russian Federation in the field of the address with solid utility waste to establishment and (or) application of the rates in the field of the address with solid utility waste regulated at the level of controlled person including regarding determination of reliability, economic justification of the expenses and other indicators considered in case of regulation of rates, accounting by controlled person of economic justification of the actual expenditure of means when implementing regulated types of activity in the field of the address with solid utility waste and also separate accounting of the income and expenses on regulated types of activity in the field of the address with solid utility waste in case of establishment of regulated rates, uses of the investment resources considered in case of establishment of rates and observance by controlled person of the standards of disclosure of information provided by the Federal Law "About Production Wastes and Consumption".

II. Prevention of risks of damnification (damage) to the values protected by the law when implementing the state control (supervision)

7. When implementing the state control (supervision) the following preventive events are held:

a) generalization of law-enforcement practice;

b) consultation;

c) informing.

8. Within implementation of the state control (supervision) for the purpose of generalization of law-enforcement practice by regulatory authority the report on law-enforcement practice annually prepares.

The report on law-enforcement practice affirms the head of regulatory authority and is posted on the official site of regulatory authority on the Internet (further - Internet network) no later than April 1 of the year following after accounting year.

9. Consultation is performed by the inspector on personal acceptance or by means of video conferencing according to the schedule of consultation, certain head of regulatory authority.

Consultation is performed concerning observance of mandatory requirements which assessment of observance is subject of the state control (supervision) according to Item 6 of this provision (further - mandatory requirements).

10. For the purpose of informing the regulatory authority places and monthly staticizes on the official site in Internet network:

a) texts of the regulatory legal acts regulating implementation of the state control (supervision);

b) data on the changes made to the regulatory legal acts regulating implementation of the state control (supervision) about terms and procedure for their entry into force;

c) the list of regulatory legal acts with indication of structural units of the acts containing mandatory requirements, and also information on measures of responsibility, applied in case of violation of mandatory requirements;

d) data on methods of receipt of consultations concerning observance of mandatory requirements;

e) data on procedure for pre-judicial appeal of decisions of regulatory authority, actions (failure to act) of inspectors;

e) reports on law-enforcement practice.

III. Control (supervising) actions and control (supervising) actions

11. The state control (supervision) is exercised by means of the following planned and unplanned control (supervising) events:

a) documentary check;

b) exit check;

c) observation of observance of mandatory requirements.

12. Documentary check for the purpose of this provision is understood as control (supervising) event which is held in the location of regulatory authority.

During documentary check the following control (supervising) actions can be made:

receipt of written explanations;

reclamation of documents.

13. Exit check for the purpose of this provision is understood as the complex control (supervising) event held by means of interaction with particular controlled person.

During exit check the following control (supervising) actions can be made:

survey;

poll;

receipt of written explanations;

reclamation of documents.

14. During observation of observance of mandatory requirements the following control (supervising) actions can be made:

a) receipt of written explanations;

b) reclamation of documents;

c) survey of the website in Internet network;

d) information analysis, arrived through federal state information system "The single information and analytical system "Federal Body of Regulation — Regional Regulating Authorities — Subjects of Regulation" (further - single analytical system).

15. Survey for the purpose of this provision is understood as the control (supervising) action consisting in carrying out visual inspection of the territories, rooms (compartments), production and other facilities, products (goods) and other objects without opening of rooms (compartments), vehicles, packaging of products (goods) without disassembly, dismantle or violation of integrity of the inspected objects and their parts by different ways, and also visual survey of the website in Internet network.

Survey is performed by the inspector in the presence of controlled person or his representative and (or) using video.

By results of survey by the inspector the minutes of survey in which the list of the inspected territories and placements (compartments) or the websites to Internet networks, and also type, quantity and other identification signs of the inspected objects important for control (supervising) action is entered are constituted.

Inspection cannot be performed concerning premises.

16. Poll for the purpose of this provision is understood as the control (supervising) action consisting in obtaining by the inspector of the oral information important for evaluating observance by controlled person of mandatory requirements from the controlled person or his representative and other persons having such information.

Survey results are fixed in the protocol of poll which is signed by the interviewed person confirming reliability of the data stated to them and also in the act of control (supervising) action if the received data matter for control (supervising) action.

17. Receipt of written explanations for the purpose of this provision is understood as the control (supervising) action consisting in request the inspector of the written certificates important for evaluating observance by controlled person of mandatory requirements from controlled person or his representative, witnesses having such data (further - explanations).

Explanations are drawn up by creation of the written instrument in a free form, signed by person offering explanations with indication of date of their creation.

Explanations shall be submitted by controlled person to the inspector within the reasonable time specified in request about representation of explanations.

18. Reclamation of documents for the purpose of this provision is understood as the control (supervising) action consisting in presentation (direction) by the inspector to controlled person of the requirement about submission of the necessary and (or) important for evaluating observance by controlled person mandatory requirements of documents and (or) their copies.

Claimed documents go to regulatory authority in electronic form, except as specified, if the regulatory authority establishes need of submission of paper documents or controlled person has no possibility of submission of documents in electronic form. Documents can be submitted to regulatory authority on paper by controlled person personally or through the representative or are directed by mail by the registered mail. The copies certified by controlled person are on paper represented.

In case of submission of verified copies of claimed documents the inspector has the right to study originals of documents. Upon the demand of the inspector controlled person represents originals of documents.

Documents which are requested during the control (supervising) action shall be submitted by controlled person to the inspector in time, specified in the requirement about submission of documents, but at least within 3 working days from the date of receipt of the relevant requirement. If controlled person has no opportunity to submit claimed documents to the time established in the specified requirement, it shall notify without delay in writing by the petition the inspector on impossibility of submission of documents at the scheduled time with indication of the reasons for which claimed documents cannot be submitted at the scheduled time, and the term during which controlled person can submit claimed documents. In case of specifying in the requirement about submission of documents of method of the direction of the petition for prolongation of term of submission of documents controlled person notifies the inspector by the specified method.

Within 2 working days from the date of receipt of such petition the inspector prolongs the term of submission of documents or refuses prolongation about what the corresponding answer sent to the controlled person by any available method is constituted.

19. Non-presentation or untimely submission to regulatory authority of claimed explanations and (or) documents attracts the administrative responsibility according to the procedure, provided by the Russian Federation Code of Administrative Offences.

IV. Conducting checks

20. Scheduled exit and documentary inspections when implementing the state control (supervision) are carried out on the bases provided by part 4 of article 63 of the Federal law "About the General Principles of the Organization of the Public Power in Subjects of the Russian Federation".

Unscheduled exit and documentary inspections when implementing the state control (supervision) are carried out on the bases provided by parts 8 and 9 of article 63 of the Federal law "About the General Principles of the Organization of the Public Power in Subjects of the Russian Federation".

21. It is performed based on the order of the head of regulatory authority on conducting check.

The order of the head of regulatory authority on conducting check shall contain:

surname, name, middle name (in the presence), position of the inspector (inspectors), representative (representatives) on conducting check;

the name of controlled person concerning which it is performed, its address and the location;

purposes, tasks, subject of check and term of its carrying out;

legal basis of conducting check;

terms of carrying out and list of control (supervising) actions (actions for control) necessary for goal achievement and tasks of check;

start and end dates of conducting check.

22. Controlled person is notified about conducting planned inspection at least in 3 working days prior to its carrying out, about carrying out unscheduled inspection - at least in 24 hours prior to its carrying out. Along with the notification on conducting check the order of the head of regulatory authority on conducting check goes to the controlled person.

23. The term of conducting check shall constitute no more than 40 working days.

In time carrying out documentary checking the period does not join from the moment of the direction regulatory authority to controlled person of the requirement to submit documents, necessary for review during documentary check, until submission of the documents specified in the requirement to regulatory authority, and also the period from the moment of the direction to controlled person of information of regulatory authority on identification of mistakes and (or) contradictions in the documents or on discrepancy of the data containing in these documents, to the data containing in the documents which are available for regulatory authority and (or) received when implementing the state control (supervision), and the requirement to provide necessary explanations in writing until submission of the specified explanations to regulatory authority submitted by controlled person.

24. By results of check the statement of control (supervising) action - the inspection statement in 2 copies, one of which is handed or goes by mail the registered mail with the assurance of receipt to controlled person or his representative in time, not exceeding 10 days from the date of creation of the act is drawn up. The protocols provided by Items 15 and 16 of this provision, explanation of workers of controlled person and other checks connected with results documents or their copies are attached to the inspection statement.

V. Observation of observance of mandatory requirements

25. Observation of observance of mandatory requirements for the purpose of this provision is understood as data analysis about observance by controlled person of the mandatory requirements which are available for regulatory authority, including data which arrive during interdepartmental information exchange are provided by controlled persons within execution of mandatory requirements, and also the data containing in the state and municipal information systems, including in single analytical system.

For the purposes of implementation of the state control (supervision) regarding use of the investment resources considered in case of price fixation (rates), controlled persons represent to regulatory authority, including by means of single analytical system:

the reports containing information on investing programs on the form approved by regulatory authority - annually, till February 20 of year in which the investing program is implemented;

the reports containing information on execution of investing programs on the form approved by regulatory authority - in year in which the investing program is realized (annually, till May 30 of the year following reporting);

the reports on results of observation of observance of mandatory requirements regarding use of the investment resources considered in case of price fixation (rates), No. 1915 which is carried out according to the order of the Government of the Russian Federation of November 3, 2021 "About approval of general requirements to the organization and implementation of regional state control (supervision) in the field of state regulation of the prices (rates)" containing including information on the revealed violations regarding use of the investment resources considered in case of price fixation (rates) and the taken measures for their elimination, for the form approved by regulatory authority (if controlled person is given authority on carrying out the specified observation), - annually, till February 20 of the year following for reporting.

26. Observation of observance of mandatory requirements does not require the edition of the order or the order of the head of regulatory authority.

The regulatory authority in case of observation of observance of mandatory requirements has the right to request information, necessary for observation implementation, from public authorities, including controlled person, for the purpose of check of reliability of the documents and data which arrived during interdepartmental information exchange, provided by controlled persons within execution of the mandatory requirements containing in the state and municipal information systems, and (or) received in case of submission of the reports specified in Item 25 of this provision.

27. In identification cases by results of observation of observance of mandatory requirements of signs of violation of mandatory requirements the regulatory authority fixes the specified violations in the act of control (supervising) action containing the report on the made observation of observance of mandatory requirements which is constituted in 2 copies, one of which is handed or goes by mail the registered mail with the assurance of receipt to controlled person or his representative in time, not exceeding 3 days from the date of creation of the act.

VI. Consideration of results of control (supervising) action. Appeal of decisions of regulatory authority, actions (failure to act) of inspectors

28. In case of disagreement with the facts, conclusions, offers stated in the act of control (supervising) action specified in Item 24 or 27 of this provision, controlled person within 15 working days from the date of receipt of the act of control (supervising) action has the right to provide to regulatory authority in writing objections concerning the act of control (supervising) action in general or its separate provisions. At the same time controlled person has the right to apply to such objections the documents confirming justification of objections or their copy or in agreed time frame to transfer them to regulatory authority. The specified documents can be directed in the form of electronic documents (packet of electronic documents).

In case of receipt in regulatory authority of objections regulatory authority appoints consultations with controlled person concerning consideration of the arrived objections which are carried out within 60 working days from the date of receipt of objections. During such consultations controlled person has the right to give explanations, to submit additional documents or their verified copies, including to provide information on preferable terms of elimination of the revealed violations of mandatory requirements. Consultations according to the decision of regulatory authority can be held with the invitation of representatives of controlled person or without invitation of representatives of controlled person based on the objections provided by controlled person. With the assistance of representatives of controlled person consultations can be held by means of video conferencing. About carrying out consultations controlled person is notified not later than 5 days about day of their carrying out.

Consultations are held by the commission of regulatory authority formed of his officials.

29. In case of identification by results of control (supervising) action of violations of mandatory requirements by controlled person the regulatory authority within powers, stipulated by the legislation the Russian Federation, shall:

a) issue to controlled person the instruction about elimination of the revealed violations of mandatory requirements with indication of reasonable times of their elimination and (or) about holding actions for prevention of damnification (damage) (further - the instruction);

b) in case of identification during the control (supervising) action of signs of administrative offense to take measures for involvement of perpetrators to the responsibility established by the law according to the procedure, provided by the Russian Federation Code of Administrative Offences.

30. The instruction shall contain the following data:

a) date and place of creation of the instruction;

b) date and number of the act of the control (supervising) action specified in Item 24 or 27 of this provision based on which the instruction is issued;

c) surname, name, middle name (in the presence) and position of person (persons) which issued (issued) the instruction;

d) name of controlled person;

e) contents of the instruction with indication of mandatory requirements which are violated;

e) actions and (or) decisions which controlled person needs to perform and accept for elimination of the revealed violations of mandatory requirements;

g) the basis of issue of the instruction - details of regulatory legal acts which establish mandatory requirements, with indication of their structural units (Article, parts, Items, subitems, paragraphs);

h) completion dates of the instruction.

31. In the cases provided by the Federal Laws "About Gas Supply in the Russian Federation", "About Power Industry", "About Heat Supply", "About Water Supply and Water Disposal" by results of control (supervising) action the regulatory authority can make the decision on cancellation of the solution of controlled face according to the order of the Government of the Russian Federation of March 3, 2004 No. 123 "On approval of Rules of cancellation of decisions of executive bodies of subjects of the Russian Federation of state regulation of rates, and also decisions of local government bodies of the settlements or city districts accepted in pursuance of the powers delegated to them on state regulation of rates for heat energy in the field of water supply and water disposal" (further - decisions on cancellation of solutions of controlled face).

32. For the purpose of consideration of question of decision making about cancellation of solutions of controlled face, question of issue of the instruction, and also question of control of execution of decisions on cancellation of solutions of controlled face and instructions the commission of regulatory authority is created, authorized to make decisions by results of consideration of the specified questions.

33. The regulatory authority exercises control of execution of decisions on cancellation of solutions of controlled face and instructions.

The regulatory authority considers the following questions connected with execution of decisions on cancellation of solutions of controlled face and instructions:

explanation of method and procedure for execution of decisions on cancellation of solutions of controlled face and instructions;

change of completion dates of decisions on cancellation of solutions of controlled face and instructions according to the motivated petition of controlled person;

about factual determination of execution or non-execution (improper execution) of decisions on cancellation of solutions of controlled face and instructions and establishment of new completion date of decisions on cancellation of solutions of controlled face and instructions.

34. In case of factual determination of non-execution (improper execution) of decisions on cancellation of solutions of controlled face and instructions the regulatory authority takes measures for involvement of perpetrators to the responsibility established by the law according to the procedure, provided by the Russian Federation Code of Administrative Offences, and also establishes new reasonable time of execution of decisions on cancellation of solutions of controlled face and instructions.

In case of non-execution of decisions on cancellation of solutions of controlled face and instructions in the specified new time the regulatory authority repeatedly takes measures for involvement of perpetrators to the responsibility established by the law according to the procedure, provided by the Russian Federation Code of Administrative Offences.

35. The head of regulatory authority considers claims of controlled persons to decisions of regulatory authority, action (failure to act) of inspectors when implementing the state control (supervision).

The claim is subject to consideration within 20 working days from the date of its registration. The specified term can be extended by the head of regulatory authority no more than for 20 working days.".

 

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