ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of January 26, 2023 No. 109

About standards of disclosure of information in the field of the address with solid utility waste

According to article 5 of the Federal law "About Production Wastes and Consumption" Government of the Russian Federation decides:

1. Approve the enclosed standards of disclosure of information in the field of the address with solid utility waste.

2. Recognize to invalid:

the order of the Government of the Russian Federation of June 21, 2016 No. 564 "About approval of standards of disclosure of information in the field of the address with solid utility waste" (The Russian Federation Code, 2016, No. 26, the Art. 4068);

Item of 3 changes which are made to acts of the Government of the Russian Federation, approved by the order of the Government of the Russian Federation of March 31, 2018 No. 390 "About introduction of amendments to some acts of the Government of the Russian Federation" (The Russian Federation Code, 2018, No. 15, the Art. 2156).

3. Item 543 of the list of regulatory legal acts and groups of regulatory legal acts of the Government of the Russian Federation, regulatory legal acts, separate provisions of regulatory legal acts and groups of regulatory legal acts of federal executive bodies, legal acts, separate provisions of legal acts, groups of legal acts of executive and administrative organs of the government of RSFSR and USSR, the decisions of the State Commission on Radio Frequencies containing mandatory requirements to which provisions of parts 1, 2 and 3 articles 15 of the Federal law "About Mandatory Requirements in the Russian Federation" approved by the order of the Government of the Russian Federation of December 31, 2020 No. 2467 "About approval of the list of regulatory legal acts and groups of regulatory legal acts of the Government of the Russian Federation, regulatory legal acts are not applied separate provisions of regulatory legal acts and groups of regulatory legal acts of federal executive bodies, legal acts, separate provisions of legal acts, groups of legal acts of executive and administrative organs of the government of RSFSR and USSR, decisions of the State Commission on Radio Frequencies containing mandatory requirements to which provisions of parts 1, 2 and 3 articles 15 of the Federal law "About Mandatory Requirements in the Russian Federation" are not applied (Russian Federation Code, 2021, No. 2, Art. 471), to exclude.

4. To Federal Antimonopoly Service till September 1, 2023 to bring forms of placement of information which is subject to disclosure according to the standards approved by this resolution in federal state information system "The single information and analytical system "Federal Body of Regulation — Regional Regulating Authorities — Subjects of Regulation" into compliance with the standards approved by this resolution.

5. The operators according to the address with solid utility waste performing activities for transportation of solid utility waste open information provided by the standards approved by this resolution within 60 days from the date of entry into force of this resolution.

6. This resolution becomes effective since September 1, 2023 and is effective till September 1, 2029, except for Item 4, which becomes effective from the date of official publication of this resolution.

Approved by the Order of the Government of the Russian Federation of January 26, 2023 No. 109

Standards of disclosure of information in the field of the address with solid utility waste

I. General provisions

1. This document establishes structure, procedure, terms and frequency of provision of information which is subject to disclosure by the regional operator according to the address with solid utility waste and operators according to the address with the solid utility waste performing activities for transportation, processing, energy utilization, neutralization, burial of solid utility waste (further - the organizations), the executive bodies of subjects of the Russian Federation authorized in the field of state regulation of rates (further - regional regulating authorities), and local government bodies to which according to the laws of subjects of the Russian Federation powers on establishment of rates in the field of the address with solid utility waste are delegated (further - local government bodies).

2. Disclosure of information hereunder is understood as ensuring access to information of the unrestricted group of people irrespective of the purpose of its obtaining, except for information placed in the closed part of federal state information system of accounting of solid utility waste.

3. The organizations information reveals in the way:

a) placements in federal state information system "The single information and analytical system "Federal Body of Regulation — Regional Regulating Authorities Subjects of Regulation" (further - information and analytical system) directly or by means of information transfer from the regional information systems created by regional regulating authorities, or the information systems created by local government bodies, or other information systems containing information, necessary for disclosure (in case of their availability), with use of the unified structured open formats for data transmission (single formats for information exchange) approved by the federal executive body authorized in the field of state regulation of rates according to the treatment of production wastes and consumption of I and II classes of danger (further respectively - federal body of regulation, single formats);

b) the submission of information in electronic form signed by the strengthened qualified digital signature of the authorized representative of the organization, in full on the electronic medium in regional regulating authority - in cases, the specified in paragraphs one and the second Item 30 of this document;

c) provisions of information on a grant basis based on written requests of the interested persons including who arrived in electronic form.

4. The federal body of regulation on its official site on the Internet (further - Internet network) publishes the following information:

name of federal body of regulation, surname, name and middle name (in the presence) head;

contact information of federal body of regulation (the location, the postal address, telephone numbers for enquiries, e-mail addresses, the address of the official site in Internet network);

information placed by the organizations in information and analytical system according to this document by means of information transfer from information and analytical system with use of single formats;

information placed by regional regulating authorities, local government bodies according to this document by means of information transfer from information and analytical system with use of single formats.

Information specified in paragraphs second and third this Item is published by federal body of regulation within 30 days from the date of its change.

Information specified in paragraphs four and the fifth this Item is published by federal body of regulation within 10 days from the date of disclosure of information by its placement in information and analytical system.

The federal body of regulation provides access to information placed in the information and analytical system which is subject to disclosure according to this document.

5. Regional regulating authority information reveals by publication on its official site in Internet network by means of information transfer from information and analytical system with use of single formats, and also in cases, the specified in paragraphs one and the second Item 30 of this document, - by independent placement of the provided information in information and analytical system, including by means of information transfer from the regional information systems created by regional regulating authorities with use of single formats and its publications on the official site in Internet network by means of information transfer from information and analytical system with use of single formats.

Regional regulating authority with use of information and analytical system the notification on disclosure of information provided by paragraph one of this Item along with disclosure of information by it goes to federal body of regulation.

6. Local government body information reveals by publication on its official site in Internet network by means of information transfer from information and analytical system with use of single formats, and in case of lack of such website - on the official site of regional regulating authority in Internet network by means of information transfer from information and analytical system with use of single formats.

Local government body with use of information and analytical system the notification on disclosure of information provided by paragraph one of this Item along with disclosure of information by it goes to federal body of regulation and regional regulating authority.

7. Disclosed information shall be available within 5 years.

Placement of information in information and analytical system is performed according to the forms approved by federal body of regulation.

Publication of information placed by the organizations in information and analytical system on the official sites of federal body of regulation, regional regulating authority and local government body in Internet network is performed according to the forms specified in the paragraph the second this Item.

8. The organizations in writing report at the request of interested persons the address of the official site in Internet network on which information is opened.

9. The organizations notify with use of information and analytical system federal body of regulation, regional regulating authority, local government body on placement of the relevant information by them in information and analytical system along with placement of information.

10. If in disclosed information there were changes, data on these changes are subject to publication in the same sources in which the relevant information, within 30 days from the date of change of information was originally published.

11. If the organization performs several types of activity, information on which is subject to disclosure according to this document, information on each type of activity reveals separately.

12. The list of information which is subject to disclosure according to this document is exhaustive.

II. Standards of disclosure of information in the field of the address with solid utility waste by the organizations

13. The organization information is subject to disclosure:

a) about the organization (general information);

b) about limiting rates in the field of the address with solid utility waste (if the organization performs regulated types of activity in the field of the address with solid utility waste (further respectively - limiting rates, regulated types of activity);

c) about the main indicators of financial and economic organization activity regarding regulated types of activity, and also concerning activities for transportation of solid utility waste for accounting year;

d) about investing programs of the organization in the field of the address with solid utility waste (further - investing programs) and reports on their realization (regarding regulated types of activity);

e) about conditions on which rendering services in the field of the address with solid utility waste is performed;

e) about methods of acquisition, cost and about amounts of the goods, works and services necessary for the organization for implementation of regulated types of activity;

g) about the offer of the organization on limiting establishment of rates (if the organization performs regulated types of activity).

14. Information on the organization (general information) contains the following data:

a) the name of the legal entity (according to articles of organization), surname, name and middle name (in the presence) the head of the organization (individual entrepreneur);

b) the primary state registration number (primary state registration number of the individual entrepreneur), date of its assignment and the name of the body which made the decision on state registration of the organization as the legal entity (about state registration of a person as an individual entrepreneur);

c) the postal address, the location address of governing bodies of the organization, contact telephone numbers, and also (in the presence) the address of the official site in Internet networks and the e-mail address;

d) working hours of the organization;

e) type of activity;

e) types of the objects used for rendering services in the field of the address with solid utility waste and their quantity;

g) availability or lack of the investing program approved in accordance with the established procedure.

15. Information on limiting rates (if the organization performs regulated types of activity) contains data on the following established limiting rates:

a) single tariff for service of the regional operator in the address with solid utility waste;

b) rate for processing of solid utility waste;

c) rate for neutralization of solid utility waste;

d) rate for burial of solid utility waste;

e) rate for energy utilization.

16. Concerning data, stipulated in Item the 15th this document, information is specified:

a) about the name of the regional regulating authority or local government body which made the decision on limiting establishment of rates;

b) about details (date and number) of the decision on limiting establishment of rates;

c) about the size of the established limiting rates;

d) about Date of Introduction in limiting action of rates, including with calendar breakdown, end date of limiting action of rates;

e) about the set long-term parameters of regulation of rates (if their establishment is provided by the chosen method of regulation of rates);

e) about the amount (about weight) solid utility waste taken into consideration in case of limiting establishment of rates;

g) about source of official publication of the decision on limiting establishment of rates.

17. Information on the main indicators of financial and economic organization activity regarding regulated types of activity for accounting year contains data:

a) about revenue from regulated types of activity (thousand rubles) with breakdown on types of activity;

b) about cost of the rendered services in the address with solid utility waste with breakdown on regulated types of activity (thousand rubles) including:

production expenses, including expenses on compensation and the insurance premiums for compulsory social insurance paid from the salary fund of the main production personnel;

repair expenses, including expenses on routine maintenance and overhaul repairs;

administrative expenses, including expenses on compensation and the insurance premiums for compulsory social insurance paid from the salary fund of administrative and management personnel;

depreciation expenses of fixed assets and intangible assets;

expenses on the rent, leasing payments, concessionary payment;

expenses on transportation of solid utility waste (in case of their availability);

other expenses;

c) about net profit with breakdown on regulated types of activity with indication of the size of its expenditure on financing of the actions provided by investing program (thousand rubles);

d) about change in value of fixed assets, including due to their commissioning (conclusion from operation), revaluations (thousand rubles);

e) about annual accounting (financial) accounts, including the balance sheet and appendices to it in accordance with the legislation of the Russian Federation about financial accounting (reveals the organizations which revenue from regulated types of activity exceeds 80 percent of consolidated revenues for accounting year);

e) about amount and (or) about lot of the accepted solid utility waste (one thousand cubic meters a year, tons per year);

g) about the average number of the main personnel (people).

18. Information on the main indicators of financial and economic organization activity concerning activities for transportation of solid utility waste for accounting year contains data:

a) about revenue from activities (thousand rubles);

b) about the cost of the rendered services in transportation of solid utility waste (thousand rubles) including:

expenses on compensation and the insurance premiums for compulsory social insurance paid from the salary fund;

expenses on fuel and fuels and lubricants for the vehicles used for transportation of solid utility waste;

expenses on raw materials and materials for the current maintenance of the vehicles used for transportation of solid utility waste;

repair expenses and expenses on maintenance concerning the vehicles used for transportation of solid utility waste (except for the expenses specified in paragraph four of this subitem);

depreciation expenses of the vehicles used for transportation of solid utility waste;

expenses on the rent and leasing payments concerning the vehicles used for transportation of solid utility waste;

administrative expenses (except for the expenses provided by paragraphs the second and ninth this subitem);

the expenses connected with payment of taxes, charges and other obligatory payments (including with obligatory civil liability insurance of owners of vehicles, equipping and ensuring functioning of the equipment of satellite navigation of GLONASS or GLONASS/GPS); other expenses;

c) about net profit concerning activities for transportation of solid utility waste (thousand rubles);

d) about change in value of fixed assets (the vehicles used for transportation of solid utility waste), including due to revaluation (thousand rubles);

e) about annual accounting (financial) accounts, including the balance sheet and appendices to it in accordance with the legislation of the Russian Federation about financial accounting (reveals the organizations which revenue from activities for transportation of solid utility waste exceeds 80 percent of consolidated revenues for accounting year);

e) about amount and (or) about lot of the solid utility waste accepted for transportation (one thousand cubic meters a year, tons per year).

19. Information on investing programs and reports on their realization (regarding regulated types of activity) contains data:

a) about approval date and the purpose of investing program;

b) about the name of executive body of the subject of the Russian Federation who approved investing program;

c) about terms of the beginning and the end of the period of realization of investing program;

d) about actions and (or) groups of actions according to the approved investing program, the planned amount and sources of financing provided in the approved investing program for the purpose of realization of the specified actions and (or) groups of actions including with indication of planned dates of realization of action and (or) group of actions with breakdown by years;

e) about planned and actual measure values of efficiency of objects of processing, neutralization, burial of solid utility waste;

e) about the actual use for accounting year provided by the approved investing program of financial resources, including with indication of sources of financing, the actual term of commissioning of the facility and (or) realization of action and (or) group of actions with breakdown by years;

g) about modification of investing program;

h) about availability in investing program of the actions which are carried out within the concessionary agreement (with indication of details of such agreement).

20. Information on conditions on which rendering services in the field of the address with solid utility waste is performed contains data on conditions of public agreements of rendering such services, and also on conditions of service provision agreements on transportation of solid utility waste.

21. Information on methods of acquisition, cost and on amounts of the goods, works and services necessary for the organization for implementation of regulated types of activity, contains data on the legal acts regulating rules of purchase (regulations on purchase) in the organization on the place of their placement, and also data on procurement planning and results of their carrying out.

22. Information on the offer of the organization on limiting establishment of rates (if the organization performs regulated types of activity) contains data:

a) about the offered method of regulation of rates;

b) about the extreme settlement size of rates;

c) about the period of limiting action of rates;

d) about long-term parameters of regulation of rates (if their establishment is provided by the chosen method of regulation of rates);

e) about necessary gross revenue on each regulated type of activity for the corresponding period, including with breakdown by years;

e) about expenses on transportation of solid utility waste (in case of their availability);

g) calculation of amount of the rendered services separately in regulated types of activity;

h) about the size of in addition gained income and (or) the half-received income of the organization (in case of their availability) determined according to pricing bases in the field of the address with the solid utility waste approved by the Government of the Russian Federation;

i) about the size of economically reasonable expenses which are not considered in case of the limiting establishment of rates in previous periods of regulation (in case of their availability) determined according to pricing bases in the field of the address with the solid utility waste approved by the Government of the Russian Federation.

23. The newly created organizations information specified in Item 14 of this document is subject to disclosure within 30 days from the date of entering of record about state registration of the organization (individual entrepreneur) into the Unified State Register of Legal Entities (Unified State Register of Private Entrepreneurs).

24. Information specified in Item 15 of this document reveals the organization no later than 30 days from the date of adoption of the relevant decision about limiting establishment of rates for the next period of regulation.

25. Information specified in Items 17 and 18, the subitem "d" (concerning actual data) and the subitem "e" of Item 19 of this document, reveals the organization annually, no later than April 30 of the year following reporting.

26. Information specified in subitems "a" - "д" (except for information on actual data) and "з" Item 19 of this document, reveals the organization no later than 30 days from the date of approval of investing program.

27. Information specified in the subitem "zh" of Item 19 of this document reveals the organization within 30 days from the date of decision making about modification of investing program.

28. Information specified in Item 20 of this document reveals the organization by placement in information and analytical system annually, till April 30 of the current year.

29. Information specified in Items 21 and 22 of this document reveals the organization within 30 days from the date of submission of the statement for limiting establishment of rates by it in regional regulating authority (local government body).

In case of the submission by the organization to regional regulating authority (local government body) of other documents and materials which are not provided by the list of the proving materials, enclosed to the application for limiting establishment of rates provided by regulations of rates in the field of the address with the solid utility waste approved by the Government of the Russian Federation, information specified in paragraph one of this Item in the part containing in such documents and materials reveals the organization within 7 days from the date of their submission to regional regulating authority (local government body).

30. If in municipality territory borders where the organization performs regulated type of activity and (or) activities for transportation of solid utility waste, there is no access to Internet network, the organizations information reveals by its representation in electronic form signed by the strengthened qualified digital signature of the authorized representative of the organization in full on the electronic medium in regional regulating authority which independently places the provided information in information and analytical system including by means of information transfer from the regional information systems created by regional regulating authorities with use of single formats and publishes it on the official site in Internet network by means of information transfer from information and analytical system with use of single formats. Information also reveals the organization by its provision based on written requests of the interested persons including who arrived in electronic form.

If in municipality territory borders where the organization performs regulated type of activity and (or) activities for transportation of solid utility waste, there is no access to Internet network and the law of the subject of the Russian Federation delegates powers on establishment of rates in the field of the address with solid utility waste to local government bodies, the organizations information reveals by its representation in electronic form signed by the strengthened qualified digital signature of the authorized representative of the organization, in full on the electronic medium in regional regulating authority which independently places the provided information in information and analytical system, including by means of information transfer from the regional information systems created by regional regulating authorities with use of single formats also reveals her on the official site in Internet network by means of information transfer from information and analytical system with use of single formats. Information also reveals the organization by its provision based on written requests of the interested persons including who arrived in electronic form.

Besides, if in municipality territory borders where the organization performs regulated type of activity and (or) activities for transportation of solid utility waste, there is no access to Internet network, the organization represents to regional regulating authority of the data on lack of such access with appendix of supporting documents.

31. Provision of information based on the written request of the interested person including who arrived in electronic form is performed within 30 days from the date of its receipt by the direction to the interested person of the mailing with the assurance of receipt, or issues personally in the organization location, or by the direction of the answer to the e-mail address specified to them.

If required information is opened in necessary amount by its publication on the official site in Internet network, the organization has the right to report, without opening information based on the written request of the interested person including who arrived in electronic form, the address of the specified official site where required information is published.

32. The written request which arrived to the organization, including in electronic form is subject to registration in day of its receipt with assignment to it registration number.

33. In the written request including which arrived in electronic form the name and the location of the organization to which the inquiry, surname, name and middle name (in the presence) (the name of the legal entity) the interested person is sent are specified, the request essence is stated, dated, the method of receipt of information (the direction to the interested person of the mailing with the assurance of receipt (with indication of the postal address), issue personally in the organization location, the direction of the answer to the specified e-mail address is specified (with indication of the e-mail address).

34. The organizations shall record the written requests including which arrived in electronic form and also to store copies of responses to such requests within 3 years.

III. Standards of disclosure of information in the field of the address with solid utility waste by regional regulating authorities, local government bodies

35. Regional regulating authorities (local government bodies) the following information is subject to disclosure:

a) name of regional regulating authority (local government body), surname, name and middle name (in the presence) head;

b) contact information of regional regulating authority (local government body) - the location, the postal address, telephone numbers for enquiries, the e-mail address, the address of the official site in Internet network;

c) the list of the organizations concerning which limiting regulation of rates, and also the list of the operators according to the address with solid utility waste performing activities for transportation of solid utility waste is performed;

d) date, time and the venue of board meeting (board) of regional regulating authority (local government body) on which hearing of cases about limiting establishment of rates is planned;

e) the decisions on limiting establishment of rates accepted by regional regulating authority (local government body);

e) the minutes of the Board of Directors (boards) of regional regulating authority (local government body) which are drawn up according to requirements, statutory rules of regulation of rates in the field of the address with the solid utility waste approved by the Government of the Russian Federation;

g) information opened by the organizations by its placement in information and analytical system according to this document;

h) information on administrative prosecution of the organizations and officials for violation of procedure, method, terms of disclosure of information which are established by the this document, and forms of its provision:

about person concerning whom case on administrative offense is considered (general information about the organizations and the name of position);

the short description of violation with indication of the article of the Russian Federation Code of Administrative Offences;

name of the subject of the Russian Federation;

result of consideration of the case about administrative offense (with indication of type of administrative punishment);

i) the report containing results of generalization of law-enforcement practice within regional state control (supervision) in the field of regulation of rates in the field of the address with solid utility waste if regional state control (supervision) in the field of regulation of rates in the field of the address with solid utility waste according to the provision approved by the supreme executive body of the subject of the Russian Federation is performed by regional regulating authority (reveals regional regulating authority).

36. Information specified in subitems "an" - "in" Item 35 of this document, reveals within 30 days from the date of change of the specified information.

37. Information specified in the subitem "g" of Item 35 of this document reveals not later than 3 days about day of holding board meeting (board) of regional regulating authority (local government body) on which hearing of cases about limiting establishment of rates is planned.

38. Information specified in subitems "d" and "e" of Item 35 of this document reveals within 7 working days from the date of adoption of the relevant decision.

39. Information specified in the subitem "zh" of Item 35 of this document reveals within 10 days from the date of disclosure of information by the organizations by its placement in information and analytical system.

40. Information specified in the subitem "z" of Item 35 of this document reveals annually, till April 30 of the year following reporting.

41. Information specified in the subitem "i" of Item 35 of this document reveals no later than 3 days from the date of approval of the report containing results of generalization of law-enforcement practice within regional state control (supervision) in the field of regulation of rates in the field of the address with solid utility waste.

42. If in disclosed information there were changes, data on these changes are subject to publication in the same sources in which the relevant information, within 30 days from the date of change of information was originally published.

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info