ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of May 31, 2025 No. 829

About approval of Rules of the conclusion, change, prolongation, agreement cancelation about proper elimination of the revealed violations of mandatory requirements

According to article 90.2 of the Federal law "About the State Control (Supervision) and Municipal Control in the Russian Federation" Government of the Russian Federation decides:

1. Approve the enclosed Rules of the conclusion, change, prolongation, agreement cancelation about proper elimination of the revealed violations of mandatory requirements.

2. Determine that the agreement on proper elimination of the revealed violations of mandatory requirements can be signed when implementing federal state supervision in the field of industrial safety (except for the federal state supervision in the field of industrial safety exercised on the objects subordinated to the Ministry of Defence of the Russian Federation, Russian Foreign Intelligence Service, Federal Penitentiary Service, Federal Guard Service of the Russian Federation, Federal Security Service of the Russian Federation, the Directorial Board for the Special Programs of the President of the Russian Federation, on the objects used in case of development, production, testing, operation and utilization of nuclear weapon and military nuclear power plants), federal state energy supervision (except for the federal state energy supervision exercised on objects subordinated to the Ministry of Defence of the Russian Federation, Russian Foreign Intelligence Service, Federal Guard Service of the Russian Federation, Federal Security Service of the Russian Federation, the Directorial Board for the Special Programs of the President of the Russian Federation), federal state supervision in the field of safety of hydraulic engineering constructions (except for navigable and port hydraulic engineering constructions), federal state mountain supervision, federal state environmental control (supervision) (except for federal state environmental control (supervision) exercised by divisions of Federal Security Service of the Russian Federation on the objects subordinated to Federal Security Service of the Russian Federation), federal state geological control (supervision) (except for federal state geological control (supervision), performed by division of Federal Security Service of the Russian Federation on the objects subordinated to Federal Security Service of the Russian Federation), federal state land control (supervision) (regarding the powers performed by Federal Nature Management Supervision Service (its territorial authorities), federal state licensed control of activities for production of medicines.

3. Till March 1, 2026 the petition for the conclusion with regulatory (supervising) authority of the agreement on proper elimination of the revealed violations of mandatory requirements can be sent to regulatory (supervising) authority on paper.

Till March 1, 2026 the decision on satisfaction or on refusal in satisfaction of the petition for the conclusion with regulatory (supervising) authority of the agreement on proper elimination of the revealed violations of mandatory requirements can be sent to the controlled person on paper.

4. The rules of the conclusion, change, prolongation, agreement cancelation about proper elimination of the revealed violations of mandatory requirements approved by this resolution are applied in case of the conclusion of agreements on proper elimination of the revealed violations of mandatory requirements to violations of the mandatory requirements revealed after entry into force of this resolution.

5. Agreements on proper elimination of the revealed violations of mandatory requirements are not subject to the conclusion concerning violations of the mandatory requirements creating direct threat of life and damnification to human health.

Approved by the Order of the Government of the Russian Federation of May 31, 2025 No. 829

Rules of the conclusion, change, prolongation, agreement cancelation about proper elimination of the revealed violations of mandatory requirements

I. General provisions

1. These rules determine procedure for the conclusion, change, prolongation, agreement cancelation about proper elimination of the revealed violations of mandatory requirements (further - the agreement), the terms of agreement, and also the group of people having the right to agreement signature.

2. The agreement is signed for the purpose of respect for public interests, the rights of citizens and the organizations, implementation of activities of social organizations if elimination of the revealed violations of mandatory requirements requires considerable time and material costs, capital investments, including construction costs, reconstruction or modernization, acquisition of machines, the equipment, tools, stock, allocation of budgetary funds to budgetary institutions, and for the purpose of non-admission of situations of mass reducing workers, drop in output of products, the goods and services having strategic importance and the social and economic importance.

II. Procedure for the conclusion and term of agreement

3. Controlled person has the right to conclude with the regulatory (supervising) authority which issued the instruction about elimination of the revealed violations of mandatory requirements (further - the instruction), the agreement.

4. The group of people, having the right to agreement signature:

a) state body, local government body, public or local government office;

b) the legal entity performing main type of economic activity in spheres of housing and communal services, power, communication, transport, agricultural industry and production of medicines;

c) city-forming company and (or) systemically important organization;

d) the organization included in the list of the strategic companies and strategic joint-stock companies approved by the Presidential decree of the Russian Federation of August 4, 2004 No. 1009 "About approval of the list of the strategic companies and strategic joint-stock companies";

e) the organization included in the summary register of the organizations of defense industry complex according to the order of the Government of the Russian Federation of February 20, 2004 in No. 96 "About the summary register of the organizations of defense industry complex";

e) the legal entity having the right to submission of the petition for the conclusion with regulatory (supervising) authority of the agreement (further - the petition for agreement signature) based on the order of the President of the Russian Federation, the Russian Prime Minister, the Deputy Prime Minister of Russia;

g) the legal entity specified in the appeal of the management official of the subject of the Russian Federation about the agreement signature sent to regulatory (supervising) authority.

5. Controlled person from among persons specified in item 4 of these rules for the purpose of agreement signature sends the petition for agreement signature to regulatory (supervising) authority.

The petition for agreement signature can be submitted only concerning one instruction issued by regulatory (supervising) authority.

The petition for agreement signature can be submitted within 10 working days from the date of issue to controlled person of the instruction.

The petition for agreement signature moves in regulatory (supervising) authority electronically with use of the federal state information system "Single Portal of the State and Municipal Services (Functions)" (further - the single portal) and is signed by the strengthened qualified digital signature, except as specified, of stipulated in Item 11 these rules.

6. The petition for agreement signature shall contain:

a) name of regulatory (supervising) authority;

b) name of controlled person;

c) data on reference of controlled person to persons specified in item 4 of these rules;

d) accounting number of control (supervising) action or obligatory preventive visit in the unified register of control (supervising) actions (in case of its availability);

e) date and number of the instruction in case of lack of accounting number of control (supervising) action or obligatory preventive visit in the unified register of control (supervising) actions;

e) the documents and data proving need of allocation of considerable time and material costs, capital investments including construction costs, reconstruction or modernization, acquisition of machines, the equipment, tools, stock, allocation of budgetary funds to budgetary institutions for elimination of the revealed violations of mandatory requirements;

g) the draft of the program of elimination of the revealed violations of mandatory requirements (further - the program) with indication of actions for elimination of the revealed violations of mandatory requirements and according to execution of the program, and also terms of their accomplishment.

7. The petition for agreement signature is considered according to the procedure, provided by Chapter 9 of the Federal Law "About the State Control (Supervision) and Municipal Control in the Russian Federation".

8. The regulatory (supervising) authority makes the decision on refusal in consideration of the petition for agreement signature within 5 working days from the date of its obtaining if:

a) controlled person does not concern persons specified in item 4 of these rules;

b) the petition for agreement signature is submitted after the expiration of stipulated in Item 5 these rules of term of its giving;

c) before decision making about satisfaction or about refusal in satisfaction of the petition for agreement signature of controlled person the statement for withdrawal of the petition for agreement signature arrived;

d) earlier other petition for agreement signature from the same controlled person according to the same instruction which is taken cognizance was submitted to regulatory (supervising) authority;

e) the petition for agreement signature contains obscene or abusive terms, threats of life, to health and property of officials of regulatory (supervising) authority, and also members of their families;

e) it is earlier refused in satisfaction of the petition for agreement signature according to the same instruction and new arguments and (or) circumstances are not given;

g) the petition for agreement signature is submitted to inadequate regulatory (supervising) authority;

h) controlled person used the right of pre-judicial appeal according to the procedure, provided by part 6 of article 40 of the Federal law "About the State Control (Supervision) and Municipal Control in the Russian Federation";

i) the environment needs immediate taking measures to damnification suppression, on elimination of effects of causing such harm.

9. The decision on satisfaction or on refusal in satisfaction of the petition for agreement signature is accepted by regulatory (supervising) authority within 15 working days from the date of its receipt.

Before decision making about satisfaction or about refusal in satisfaction of the petition for agreement signature the regulatory (supervising) authority comprehensively and objectively estimates information, documents and data containing in the petition for agreement signature regarding agreement signature goal achievement.

The decision on satisfaction or on refusal in satisfaction of the petition for agreement signature containing reasons for its acceptance is placed in personal account of controlled person on the single portal.

10. In case of adoption by regulatory (supervising) authority of the decision on refusal in satisfaction of the petition for agreement signature controlled person within 10 working days from the date of adoption of such decision has the right to direct the new petition for agreement signature with indication of additional arguments, circumstances, documents or data, except for the case specified in the subitem "z" of Item 8 of these rules.

11. The petition for agreement signature containing the data and documents which are the state or protected by the law other secret moves controlled person taking into account requirements of the legislation of the Russian Federation about the state and protected by the law other secret in time, stipulated in Item 5 these rules.

12. In case of decision making about satisfaction of the petition for agreement signature controlled person develops the program, and the regulatory (supervising) authority develops the draft agreement which are approved by the controlled person and regulatory (supervising) authority within 10 working days in any manner providing fixation of such approval.

13. The agreement shall include:

a) the list of the revealed violations of the mandatory requirements which are subject to elimination by controlled person;

b) the program including the list of actions for elimination of the revealed violations of mandatory requirements and according to execution of the program and also the list of the documents and data which are subject to the direction in regulatory (supervising) authority for assessment of execution of the program;

c) completion date of the agreement;

d) procedure and submission due dates of the petition for change of the agreement or for prolongation of completion date of the agreement.

14. Terms of agreement including are:

elimination of violations of mandatory requirements in the terms established in the program by accomplishment of the relevant activities;

inadmissibility of establishment in the program of terms of accomplishment of the actions exceeding completion date of the agreement.

15. Controlled person and the head (deputy manager) of regulatory (supervising) authority within 5 working days from the date of approval of the agreement sign it the strengthened qualified digital signature, except as specified, of stipulated in Item 23 these rules.

16. If the agreement is not approved and (or) is not signed in the terms provided by Items 12 and 15 of these rules, the decision of regulatory (supervising) authority on satisfaction of the petition for agreement signature is subject to cancellation.

In case, the specified in paragraph one of this Item, controlled person has the right to direct the repeated petition for agreement signature.

17. In case of agreement signature by controlled person, being the public or local government office, such agreement is also signed by the founder or the body performing functions and powers of the founder of controlled person (further - the founder).

18. Completion date of the agreement cannot exceed 3 years.

19. The signed agreement is sent for approval in bodies of prosecutor's office according to the procedure, established by the order of the Prosecutor General of the Russian Federation.

20. The agreement becomes effective from the date of its approval by bodies of prosecutor's office.

21. The agreement is subject to placement by regulatory (supervising) authority in the electronic passport of the relevant control (supervising) activity, preventive action in the unified register of control (supervising) actions within 5 working days from the date of its approval by bodies of prosecutor's office if data on such control (supervising) action, preventive action are subject to entering into the unified register of control (supervising) actions.

22. The regulatory (supervising) authority makes the decision on suspension of action of the instruction within 5 working days from the date of the introduction of the agreement in force.

23. The agreement containing the data and documents which are the state or protected by the law other secret consists controlled person and regulatory (supervising) authority taking into account requirements of the legislation of the Russian Federation about the state and protected by the law other secret within 5 working days from the date of approval of the agreement.

III. Procedure for change, prolongation of the agreement

24. Controlled person according to the procedure and terms which are provided by the agreement has the right to submit to regulatory (supervising) authority the petition for change of the agreement by means of the single portal with appendix of the supporting documents and data proving need of change of the agreement, except as specified, stipulated in Item 27 these rules. Change of the agreement is allowed in cases:

a) emergence of new circumstances which could not be known at the time of agreement signature and significantly influence its execution;

b) the elimination of part of violations allowing to review terms of agreement;

c) need of refining or amendment of terms of agreement for their more accurate execution;

d) need of separation of stages of execution of the agreement with indication of terms of their realization for possibility of assessment of their execution.

25. Controlled person according to the procedure and terms which are provided by the agreement has the right to submit to regulatory (supervising) authority the petition for prolongation of completion date of the agreement by means of the single portal with appendix of the supporting documents and data proving need of prolongation of the agreement, except as specified, stipulated in Item 27 these rules. Prolongation of completion date of the agreement is allowed in cases:

a) not elimination of violations at the scheduled time because of need of accomplishment of complex technical works of which accomplishment were not known at the time of agreement signature;

b) emergence of unexpected situations (natural disasters, emergency situations of natural and technogenic nature, epidemics, epizooty) which interfered with accomplishment of terms of agreement;

c) the default on obligation from the founder which is the agreement party.

26. The petition for change of the agreement or for prolongation of completion date of the agreement is subject to consideration by regulatory (supervising) authority according to the procedure, provided by Items 5 - 11 these rules.

27. The petition for change of the agreement or for prolongation of completion date of the agreement containing the data and documents which are the state or protected by the law other secret moves controlled person taking into account requirements of the legislation of the Russian Federation about the state and protected by the law other secret.

IV. Assessment of execution of the agreement

28. The regulatory (supervising) authority according to the procedure, provided by the agreement, performs step-by-step assessment of execution by controlled person or founder of the agreement, including based on provided by controlled person or the founder of documents and data, the acquired information.

29. The regulatory (supervising) authority within 5 working days after completion date of the agreement based on provided by controlled person or the founder of documents and data, the acquired information accepts one of the following decisions:

a) recognizes the agreement performed;

b) recognizes the agreement unexecuted.

30. In case of recognition of the agreement performed regulatory (supervising) authority makes the decision on cancellation of the instruction within 5 working days from the date of recognition of the agreement performed.

31. In case of recognition of the agreement unexecuted the regulatory (supervising) authority makes the decision on renewal of action of the instruction within 5 working days from the date of recognition of the agreement unexecuted.

V. Agreement cancelation

32. The agreement can be acknowledged unexecuted bodies of prosecutor's office or regulatory (supervising) authority and is terminated about day of the expiration of its execution unilaterally in the following cases:

a) non-execution or rejection of measures to execution by controlled person or founder of the agreement, including regarding program implementation;

b) exception of the mandatory requirements specified in the instruction of regulatory legal acts which assessment of observance is performed within federal state control (supervision);

c) recognition of controlled person by insolvent (bankrupt);

d) liquidation of controlled person;

e) liquidation of object of the state control (supervision).

33. The regulatory (supervising) authority makes the decision on agreement cancelation about day of the expiration of its execution unilaterally within 5 working days from the date of recognition of the agreement unexecuted what notifies bodies of prosecutor's office and controlled person on.

In case of decision making about agreement cancelation the regulatory (supervising) authority places information on such decision according to the procedure and terms which are stipulated in Item 21 these rules.

In case of agreement cancelation the regulatory (supervising) authority makes the decision on renewal of action of the instruction within 5 working days from the date of agreement cancelation and takes measures for ensuring its execution, except for the case specified in the subitem "g" of Item 32 of these rules.

 

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