ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of June 6, 2007 No. 354

About approval of the Regulations on the Federal Service on supervision in the field of mass communications, communication and protection of cultural heritage

List of amending documents

The government of the Russian Federation decides:

1. Approve enclosed:

Regulations on the Federal Service on supervision in the field of mass communications, communication and protection of cultural heritage;

changes which are made to acts of the Government of the Russian Federation concerning implementation of the state control and supervision in the field of mass communications, communication and protection of cultural heritage.

2. To the Federal Service on supervision in the field of mass communications, communication and protection of cultural heritage:

introduce in 3-month time in the Government of the Russian Federation in accordance with the established procedure offers on reduction of the acts of the Government of the Russian Federation concerning control and supervision in the field of mass media and mass communications, information technologies, communication and protection of cultural heritage, copyright and the related rights and also the organizations of activities of radio-frequency service, in compliance with the Presidential decree of the Russian Federation of March 12, 2007 N320 "About the Federal Service on Supervision in the field of Mass Communications, Communication and Protection of Cultural Heritage" and this resolution;

together with the Ministry of information technologies and bonds of the Russian Federation to develop and approve administrative regulations of interaction when implementing the powers specified in subitems 5.3. 2, 5.3. 3, 5.6.1 and 5.6.5 Provisions, approved by this resolution.

 

Approved by the order of the Government of the Russian Federation of June 6, 2007 No. 354

Regulations on the Federal Service on supervision in the field of mass communications, communication and protection of cultural heritage

I. General provisions

1. The Federal Service on supervision in the field of mass communications, communication and protection of cultural heritage is the federal executive body performing functions on control and supervision in the field of mass media (including electronic) and mass communications, information technologies, communication (including post), protection of cultural heritage, copyright and the related rights, function on control and supervision of compliance of processing of personal data to requirements of the legislation of the Russian Federation in the field of personal data, function on normative legal regulation of control and supervision in the specified sphere of maintaining, to normative legal regulation in the field of mass media (including electronic) and mass communications, protection of cultural heritage, and also function on the organization of activities of radio-frequency service.

2. The management of activities of the Federal Service for supervision in the field of mass communications, communication and protection of cultural heritage performs the Government of the Russian Federation.

3. The Federal Service on supervision in the field of mass communications, communication and protection of cultural heritage is guided in the activities by the Constitution of the Russian Federation, the Federal constitutional Laws, the Federal Laws, acts of the President of the Russian Federation and the Government of the Russian Federation, international treaties of the Russian Federation, and also this Provision.

4. The Federal Service on supervision in the field of mass communications, communication and protection of cultural heritage performs the activities directly and through the territorial authorities in interaction with other federal executive bodies, executive bodies of subjects of the Russian Federation, local government bodies, public associations and other organizations.

II. Powers

5. The Federal Service on supervision in the field of mass communications, communication and protection of cultural heritage performs the following powers:

5.1. introduces to the Government of the Russian Federation drafts of the Federal Laws, legal acts of the President of the Russian Federation and the Government of the Russian Federation and other documents according to which the solution of the Government of the Russian Federation, on the questions relating to the established sphere of maintaining Service and also the draft of the work plan and forecast indicators of activities of Service is required;

5.2. on the basis and in pursuance of the Constitution of the Russian Federation, the Federal constitutional Laws, the Federal Laws, acts of the President of the Russian Federation and the Government of the Russian Federation independently adopts regulatory legal acts in the established sphere of maintaining, including:

5.2.1. acts concerning ensuring control and supervision in the established sphere of maintaining;

5.2.2. regulations on the Federal tender committee on TV and radio broadcasting;

5.2.3. procedure for issue of permissions to distribution of products of foreign periodic printing editions;

5.2.4. acts concerning establishment of report form of activities of the organizations accredited by the state exercising collective control of copyright and related rights;

5.3. performs:

5.3.1. state control and supervision:

5.3.1.1. behind compliance with law of the Russian Federation in the field of mass media and mass communications, television broadcasting and broadcasting;

5.3.1.2. in the field of communication, including:

5.3.1.2.1. behind observance of requirements to creation of networks of telecommunication and mail service, requirements to designing, construction, reconstruction and operation of networks and constructions of communication;

5.3.1.2.2. behind observance by telecom operators of requirements to traffic transmission and its routing;

5.3.1.2.3. behind observance of procedure for distribution of resource of numbering of single network of telecommunication of the Russian Federation;

5.3.1.2.4. behind compliance of use by telecom operators of the numbering resource allocated to them to established procedure of use of resource of numbering of single network of telecommunication of the Russian Federation;

5.3.1.2.5. behind observance by the organizations of federal mail service of procedure for fixation, storage and submission of information on the cash transactions which are subject in accordance with the legislation of the Russian Federation to control and also the organization of internal control by them;

5.3.1.2.6. behind observance by users of radio-frequency range of procedure, the requirements and conditions relating to use of radio-electronic means or high-frequency devices including supervision taking into account messages (data) received in the course of carrying out radio control by radio-frequency service;

5.3.1.2.7. behind accomplishment of rules of accession of networks of telecommunication to communication network public, including accession conditions;

5.3.1.3. in the field of information technologies;

5.3.1.4. behind compliance with law of the Russian Federation about copyright and the related rights in the established sphere of maintaining;

5.3.1.5. behind activities of the organizations accredited by the state exercising collective control of copyright and related rights;

5.3.1.6. behind export from the Russian Federation and import to its territory of cultural values;

5.3.1.7. behind preserving, use, promoting and the state protection of objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation, including together with public authorities of subjects of the Russian Federation;

5.3.1.8. behind condition of Museum fund of the Russian Federation;

5.3.1.9. behind activities of the non-state museums in the Russian Federation;

5.3.1.10. behind storage and use of the people of the Russian Federation of library stocks and film fund carried to cultural heritage;

5.3.1.11. behind compliance with law about archiving in the Russian Federation, including together with public authorities of subjects of the Russian Federation;

5.3.1.12. behind compliance with law of the Russian Federation in the field of protection and use of objects of cultural heritage of federal importance, including control of condition of such objects;

5.3.1.13. behind observance of conditions of security obligations in case of privatization of objects of cultural heritage of federal importance and the conclusion of security obligations with users and owners of objects of cultural heritage of federal importance, and also behind observance of conditions of the specified security obligations;

5.3.1.14. behind development of the town-planning and project documentation, the town-planning regulations providing content and use of objects of cultural heritage of federal importance according to requirements of the law;

5.3.1.15. behind compliance with law of the Russian Federation concerning the cultural values moved to USSR as a result of World War II and which are in the territory of the Russian Federation, safety of the moved cultural values and their accounting;

5.3.1.16. behind compliance of processing of personal data to requirements of the legislation of the Russian Federation in the field of personal data;

5.3.2. assignment (appointment) of radio frequencies or the radio-frequency channel for radio-electronic means based on the decision of the State Commission on Radio Frequencies;

5.3.3. registration of assignment (appointment) of radio frequencies and radio-frequency channels;

5.3.4. the state accreditation of the organizations exercising collective control of copyright and related rights;

5.3.5. activities licensing, including control of observance by licensees of licensed conditions and requirements:

5.3.5.1. in the field of television broadcasting and broadcasting;

5.3.5.2. in the field of rendering communication services;

5.3.5.3. on restoration of objects of cultural heritage (historical and cultural monuments);

5.3.5.4. on reproduction (production of copies) of audiovisual works and soundtracks on any kinds of carriers;

5.3.6. certification of experts in cultural values;

5.4. conducts:

5.4.1. the register of the operators holding essential position in communication network public;

5.4.2. unified all-Russian registers of mass media;

5.4.3. registers of licenses;

5.5. approves:

5.5.1. according to the procedure and the cases established by the legislation of the Russian Federation, projects of zones of protection of objects of cultural heritage of federal importance, the land management, town-planning and project documentation on preserving objects of cultural heritage of federal importance, town-planning regulations, designing and carrying out land management, earth, construction, meliorative, economic and other works;

5.5.2. installation on objects of cultural heritage of federal importance of information texts and designations;

5.6. will organize:

5.6.1.provedeniye operation on research of new radio-frequency channels and development of radio-frequency range and orbital line items of satellites for the purposes of television broadcasting and broadcasting;

5.6.2. activities of the Federal tender committee for TV and radio broadcasting also provide its activities;

5.6.3. activities of radio-frequency service;

5.6.4. tendering on receipt of licenses in the field of communication;

5.6.5. conducting examination for the purpose of determination of possibility of use of radio-electronic means and their electromagnetic compatibility with the radio-electronic means of civil appointment operating and planned to use;

5.6.6. conducting examinations of the cultural values declared to export and temporary export and also in case of their return after temporary export;

5.7. registers:

5.7.1. mass media;

5.7.2. radio-electronic means and high-frequency devices of civil appointment;

5.7.3. the cultural values imported and temporarily imported on the territory of the Russian Federation;

5.7.4. the cultural values detained or confiscated by customs and other law enforcement agencies provides their temporary storage, conducting examination, and also the publication of information on them for the purpose of refining of the property right;

5.7.5. the facts of loss, loss, plunder of cultural values, will organize and provides the notification of state bodies and the public in the Russian Federation and beyond its limits about these facts;

5.8. issues permissions:

5.8.1. on distribution of products of foreign periodic printing editions in the territory of the Russian Federation;

5.8.2. on use of franking machines;

5.8.3. on operation of networks (constructions) of communication;

5.8.4. on work on preserving objects of cultural heritage of federal importance;

5.9. issues tasks for work on preserving objects of cultural heritage of federal importance;

5.10. holds in accordance with the established procedure competitions and signs public contracts on order placement on delivery of goods, performance of works, rendering services for needs of Service, and also on carrying out research works for other state needs in the established sphere of maintaining;

5.11. considers addresses of telecom operators concerning accession of networks of telecommunication and interaction of telecom operators, makes on them decisions and issues instructions according to the Federal Law;

5.12. makes decisions on possibility of export or temporary export of cultural values from the Russian Federation, grants to legal entities and physical persons certificates on the right of their export and temporary export from the territory of the Russian Federation;

5.13. signs in accordance with the legislation of the Russian Federation agreements on return of the exported cultural values with persons petitioning for their temporary export;

5.14. renders in accordance with the legislation of the Russian Federation and international treaties of the Russian Federation assistance to legal owners in recovery of their rights to cultural values in case of illegal export, import of cultural values and transfer of property on them, promotes return of cultural values to the Russian Federation in case of illegal export;

5.15. issues according to the procedure and on the bases established by the legislation of the Russian Federation, written instructions about suspension of earth, construction, meliorative, economic and other works which carrying out can worsen condition of object of cultural heritage break its integrity and safety, and also written permissions for renewal of the suspended works;

5.16. issues instructions about the termination of the actions attracting damage, destruction, destruction or movement of object of cultural heritage, and also change of its appearance and interior;

5.17. performs function of the main manager and the receiver of the means of the federal budget provided on content of Service and realization of the functions assigned to it;

5.18. performs according to the procedure and the limits determined by the Federal Laws, acts of the President of the Russian Federation and the Government of the Russian Federation, power of the owner concerning the federal property necessary for ensuring execution of functions of federal body of the government, including the property transferred to the federal state institutions and the federal state unitary enterprises (including the companies of radio-frequency service) which are under authority of Service;

5.18.1. performs cost effectiveness analysis of activities of the federal state unitary enterprises and federal state institutions which are under authority of Service and approves indicators of cost efficiency of their activities, performs in these organizations of financial and economic activities, including target and effective use of property complex;

5.19. establishes in accordance with the established procedure mass media;

5.20. performs reception of citizens, provides timely and complete examination of oral and written addresses of citizens, adoption on them of decisions and the direction to applicants of answers in the time established by the legislation of the Russian Federation;

5.21. provides protection of the data which are the state secret in the course of activities of Service, and also control of activities of its territorial authorities and the organizations which are under authority of Service in the specified area;

5.22. provides mobilization preparation of Service, and also control and coordination of activities of its territorial authorities and organizations which are under authority of Service for their mobilization preparation;

5.23. will organize professional training of workers of the office of Service and its territorial authorities, their retraining, advanced training and training;

5.24. interacts in accordance with the established procedure with public authorities of foreign states and the international organizations in the established sphere of maintaining;

5.25. performs in accordance with the legislation of the Russian Federation work on completing, storage, accounting and use of the archive documents formed in the course of activities of Service;

5.26. generalizes practice of application of the legislation of the Russian Federation in the established sphere of maintaining;

5.27. represents in accordance with the established procedure the employees of Service, its territorial authorities and the organizations which are under authority of Service to assignment of honorary titles and rewarding with the state awards of the Russian Federation, and also awards specified persons with departmental awards;

5.28. performs other functions in the established sphere of maintaining if such functions are provided by the Federal Laws, regulatory legal acts of the President of the Russian Federation or the Government of the Russian Federation.

6. The Federal Service on supervision in the field of mass communications, communication and protection of cultural heritage for the purpose of realization of powers in the established sphere of maintaining has the right:

6.1. request and receive in accordance with the established procedure the data necessary for decision making on the questions carried to competence of Service;

6.2. make necessary investigations, testing, examinations, analyses and estimates, and also scientific research on the questions carried to competence of Service;

6.3. attract in accordance with the established procedure to study of the questions carried to competence of Service, scientific and other organizations, scientists and specialists;

6.4. give to state bodies, local government bodies, legal entities and physical persons of explanation on the questions carried to competence of Service;

6.5.utverzhdat samples of official IDs;

6.6. according to the procedure and the cases established by the legislation of the Russian Federation to apply in the established sphere of maintaining measure of preventive and preclusive nature, directed to non-admission of violations by legal entities and citizens of mandatory requirements in this sphere and (or) mitigation of consequences of such violations;

6.6.1. take a legal action with the claim for withdrawal at the owner ownerless of content of object of cultural heritage of federal importance or the parcel of land or the site of water object within which object of archaeological heritage is located if the owner of object of cultural heritage of the federal importance included in the unified state register of objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation or the parcel of land or the site of water object within which object of archaeological heritage is located does not fulfill requirements to preserving object of cultural heritage or makes the actions menacing to safety of this object and attracting loss of the value by it;

6.7. create advisory and expert bodies (councils, the commissions, groups, boards), including interdepartmental, in the established sphere of maintaining;

6.8. exercise control of activities of the territorial authorities of Service, and also of organization activity which are under authority of Service.

7. The Federal Service on supervision in the field of mass communications, communication and protection of cultural heritage has no right to render paid services in the established sphere of maintaining, except the cases established by the Federal Laws, presidential decrees of the Russian Federation and orders of the Government of the Russian Federation.

When implementing normative legal regulation in the established sphere of maintaining the Service has no right to establish the functions which are not provided by the Federal constitutional Laws, the Federal Laws, acts of the President of the Russian Federation and the Government of the Russian Federation and power of federal bodies of the government, public authorities of subjects of the Russian Federation, local government bodies, and also has no right to set restrictions for implementation of the rights and freedoms of citizens, the rights of non-state commercial and non-profit organizations, except as specified, when the possibility of introduction of such restrictions with acts of authorized federal executive bodies is directly provided by the Constitution of the Russian Federation, the Federal constitutional Laws, the Federal Laws and published on the basis and in pursuance of the Constitution of the Russian Federation, Federal constitutional Laws and Federal Laws acts of the President of the Russian Federation and Government of the Russian Federation.

III. Organization of activities

8. The Federal Service on supervision in the field of mass communications, communication and protection of cultural heritage is headed by the head appointed to position and dismissed by the Government of the Russian Federation.

The head of the Federal Service on supervision in the field of mass communications, communication and protection of cultural heritage bears the personal responsibility for implementation of the powers assigned to Service.

The head of Service has the deputies appointed to position and dismissed by the Government of the Russian Federation on representation of the head of Service.

The number of deputy managers of Service is established by the Government of the Russian Federation.

9. Head of Service:

9.1. distributes obligations between the deputies;

9.2. brings in the Government of the Russian Federation:

9.2.1. project of regulations on Service;

9.2.2. offers on extreme number and salary fund of employees of central office and territorial authorities of Service;

9.2.3. offers on position assignment and on dismissal of deputy managers of Service;

9.2.4. annual plan and forecast indicators of activities of Service, and also report on its activities;

9.3. makes in the Ministry of Finance of the Russian Federation offers on forming of the draft of the federal budget regarding the financing of activities of Service, its territorial authorities and the organizations which are under authority of Service;

9.4. appoints to position and dismisses employees of central office of Service, heads of its territorial authorities, and also heads of the organizations which are under authority of Service signs and terminates labor contracts with heads of these organizations;

9.5. solves in accordance with the legislation of the Russian Federation about public service the questions connected with passing of the Federal State Service in the Federal Service on supervision in the field of mass communications, communication and protection of cultural heritage and its territorial authorities;

9.6. approves structure and the staff list of central office of Service in the limits set by the Government of the Russian Federation of the salary fund and number of workers, expense budget on its content within the assignments approved for the corresponding period provided in the federal budget;

9.7. approves the number and the salary fund of employees of territorial authorities of Service within the indicators established by the Government of the Russian Federation and also expense budget on their content within the assignments approved for the corresponding period provided in the federal budget;

9.8. on the basis and in pursuance of the Constitution of the Russian Federation, the Federal constitutional Laws, the Federal Laws, acts of the President of the Russian Federation and the Government of the Russian Federation issues within the competence the orders having normative nature, and on operational and other current issues - orders and orders of substandard nature.

10. Financing of maintenance costs of central office of the Federal Service on supervision in the field of mass communications, communication and protection of cultural heritage and its territorial authorities is performed at the expense of the means provided in the federal budget.

11. The Federal Service on supervision in the field of mass communications, communication and protection of cultural heritage is legal entity, has seal with the image of the State Emblem of the Russian Federation and with the name, other seals, stamps and forms of the established sample, and also the accounts opened in accordance with the legislation of the Russian Federation.

12. The location of the Federal Service on supervision in the field of mass communications, communication and protection of cultural heritage - Moscow.

 

Approved by the order of the Government of the Russian Federation of June 6, 2007 No. 354

Changes which are made to acts of the Government of the Russian Federation concerning implementation of the state control and supervision in the field of mass communications, communication and protection of cultural heritage

1. Ceased to be valid

2. Ceased to be valid

3. Subitem 5.5 of the Regulations on Federal Agency for Press and Mass Communications approved by the order of the Government of the Russian Federation of June 17, 2004 N292 (The Russian Federation Code, 2004, N 25, Art. 2574; 2007, N 7, the Art. 899) to exclude.

4. Ceased to be valid

5. In Regulations on the Federal Communications Agency approved by the order of the Government of the Russian Federation of June 30, 2004 N320 (The Russian Federation Code, 2004, N 27, Art. 2783; 2005, N 18, Art. 1682), subitems 5.3. 6, 5.3. 8, 5.3. 5.6.1 and 5.6.2 to exclude 9,.

6. Recognize invalid:

the order of the Government of the Russian Federation of June 17, 2004 N301 "About Federal Surveillance Service for Compliance with the Legislation in Mass Media and Cultural Heritage Protection" (The Russian Federation Code, 2004, N 26, the Art. 2671);

the order of the Government of the Russian Federation of June 30, 2004 N318 "About Approval of the Regulations on the Federal Service on Supervision in the field of Communication" (The Russian Federation Code, 2004, N 27, the Art. 2781);

the order of the Government of the Russian Federation of April 23, 2005 N250 "About Modification of the Regulations on the Federal Service on Supervision in the field of Communication and Regulations on Federal Communications Agency" (The Russian Federation Code, 2005, N 18, the Art. 1682);

the order of the Government of the Russian Federation of August 15, 2005 N516 "About Modification of the Regulations on Federal Surveillance Service for Compliance with the Legislation in Mass Media and Cultural Heritage Protection" (The Russian Federation Code, 2005, N 34, the Art. 3508);

the order of the Government of the Russian Federation of October 27, 2006 N627 "About Modification of the Regulations on Federal Surveillance Service for Compliance with the Legislation in Mass Media and Cultural Heritage Protection" (The Russian Federation Code, 2006, N 44, the Art. 4601);

Items 19 and 22 of changes which are made to acts of the Government of the Russian Federation concerning licensing of the separate types of activity approved by the order of the Government of the Russian Federation of December 14, 2006 N767 (The Russian Federation Code, 2006, N 52, by the Art. 5587).

 

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