ORDER OF THE MINISTRY OF JUSTICE OF THE RUSSIAN FEDERATION

of December 27, 2007 No. 254

About approval of Administrative regulations of execution of the inventory of real estate objects of the state function by Federal agency on the state land control

Based on Item 9 of the Procedure for development and approval of administrative regulations of execution of the state functions and administrative regulations of the provision of the state services approved by the order of the Government of the Russian Federation of November 11, 2005 N 679 "About procedure for development and approval of administrative regulations of execution of the state functions and administrative regulations of provision of the state services" (The Russian Federation Code, 2005, N 47, Art. 4933; 2007, N 50, to the Art. 6285), I order:

1. Approve the enclosed Administrative regulations of execution of the inventory of real estate objects of the state function by Federal agency on the state land control.

2. (S. M. Podobed) to provide to federal agency of the inventory of real estate objects execution of Administrative regulations of execution of the inventory of real estate objects of the state function by Federal agency on the state land control.

3. To charge control of execution of the order to the deputy minister to whom powers on coordination and control of activities of Federal agency of the inventory of real estate objects are assigned.

 

Administrative regulations of execution of the inventory of real estate objects of the state function by Federal agency on the state land control

I. General provisions

1. The administrative regulations of execution of the inventory of real estate objects of the state function by Federal agency on the state land control (further - Administrative regulations) are developed for the purpose of improvement of quality and efficiency of the inspections which are carried out by the state inspectors on use and protection of lands, protection of the rights of participants of land legal relationship and determine terms and the sequence of actions (ministerial procedures) when implementing powers by the state land control (further - госземконтроль).

2. Execution of the state function is performed according to:

Constitution of the Russian Federation * (1);

Land code of the Russian Federation * (2);

The Russian Federation Code of Administrative Offences * (3) (further - the Administrative Code);

The Federal Law of January 2, 2000 N 28-FZ "About the state land cadastre" * (4);

The Federal Law of June 18, 2001 N 78-FZ "About land management" * (5);

The Federal Law of August 8, 2001 N 134-FZ "About protection of the rights of legal entities and individual entrepreneurs when carrying out the state control (supervision)" * (6);

the order of the Government of the Russian Federation of April 26, 2002 N 273 "About approval of the Regulations on control of carrying out land management" * (7);

the order of the Government of August 19, 2004 N 418 "About approval of the Regulations on Federal agency of the inventory of real estate objects" * (8);

the order of the Government of the Russian Federation of September 13, 2005 N 560 "About approval of the subprogramme "Creation of system of the inventory of the real estate (2006 - 2011)" the federal target program "Creation of the Automated System of Maintaining the State Land Cadastre and the State Accounting of Real Estate Objects (2002 - 2007)" * (9);

the order of the Government of the Russian Federation of November 15, 2006 N 689 "About the state land control" * (10).

Since March 1, 2008 execution of the state function is performed also according to the Federal Law of July 24, 2007 N 221-FZ "About the State Immovable Property Cadastre" * (11).

3. The state function on implementation госземконтроля (further - the state function) is performed by federal executive body - the Federal agency of the inventory of real estate objects and managements of Federal agency of the inventory of real estate objects on subjects of the Russian Federation specified in the appendix N 1.

II. Requirements to procedure for execution of the state function

 

Procedure for informing on execution of the state function

4. Data on the locations, telephone numbers for enquiries, addresses of the websites on the Internet, e-mail addresses of central office of Rosnedvizhimosti (further - central office), its territorial authorities - Rosnedvizhimosti's managements on subjects of the Russian Federation (further - managements) and territorial departments of managements (daleepodrazdeleniye) are placed at information stands of managements, divisions, in mass media, on the official sites of Rosnedvizhimosti and managements on the Internet. Information on addresses and phones of central office, managements contains in the appendix N1.

The working schedule of divisions shall provide acceptance and informing the physical persons and legal entities including participating in check of observance of the land legislation or concerning which administrative production (daleezayavitel), at least two days in week till 20:00 is conducted:

Monday - 10.00-17.00 (break from 13:00 to 13.45);

Tuesday - 11.00-20.00 (break from 13:00 to 13.45);

environment - 09.30-13.00;

Thursday - 11.00-20.00 (break from 13:00 to 13.45);

Friday - 09.30-13.00;

Saturday, Sunday - the days off.

5. For receipt of information on procedures of execution of the state function applicants address:

1) personally in division;

2) by phone in division or management;

3) in writing by mail in management, central office;

4) e-mail in management, central office.

If information on procedures of execution of the state function obtained in division does not satisfy applicants, then they by phone or in writing address to management. If information on the procedure of execution of the state function obtained in management does not satisfy applicants, then they in writing address to central office.

6. The main requirements to informing applicants are:

1) reliability of the provided information;

2) clearness in information statement;

3) completeness of informing;

4) visualization of forms of the provided information (in case of written informing);

5) convenience and availability of receipt of information;

6) efficiency of provision of information.

7. Informing applicants will be organized as follows:

1) individual informing;

2) public informing.

8. Informing is carried out in shape:

1) oral informing;

2) written informing.

9. Individual oral informing is performed by divisions in case of the request of applicants for information personally or by phone.

The specialist of division performing individual oral informing shall take all necessary measures for provision of complete and prompt response on the questions posed, including with involvement of other employees. Waiting time of the applicant in case of individual oral informing cannot exceed 30 minutes.

The specialist of division performs individual oral informing each applicant no more than 10 minutes.

If preparation of the answer requires long time, the specialist performing individual oral informing can suggest applicants to apply for necessary information in writing.

For ensuring individual oral informing certain specialists of division are allocated.

10. Individual written informing in case of the appeal of applicants to management or central office is performed by the direction of answers by the mailing or by means of the official sites.

The chief of the department or the official authorized by him or the official of central office according to the competence determines the direct contractor for preparation of the answer.

The answer to the address of the applicant is provided in simple, accurate and clear form with indication of position, surname, name, middle names, phone numbers of the contractor.

The answer goes in writing, e-mail or through the official sites depending on method of the address of the applicant for information or delivery mode of the answer specified in the written address of the applicant.

Information on the written address directed through the official sites is posted on the specified websites in the Section "questions-answers".

The answer to the address of the citizen which arrived on information systems public is sent to the postal address specified in the address.

Written addresses of citizens are considered within 30 days from the date of their registration. Rosnedvizhimosti's heads, managements, their deputies, chiefs of divisions the reduced terms of consideration of addresses of citizens can be established.

If consideration of the address of citizens requires conducting exit check, reclamation of additional materials or acceptance of other measures, the specified term can be extended by head (deputy manager) Rosnedvizhimosti, the head (deputy manager) of management. The maximum term for which consideration of the address of the citizen can be extended constitutes no more than 30 days.

11. Public oral informing is performed by means of attraction of financial resources of mass information - radio, television. Speeches of specialists of divisions on local radio and television are approved with the chief of the department.

12. Public written informing is performed by the publication of information materials in mass media, including the official sites of Rosnedvizhimosti, and also the official sites of the federal state unitary enterprises and federal state institutions subordinated to Rosnedvizhimosti, on the Internet. Informing by the publication of information materials on the official sites of managements, in mass media of the regional level is performed by managements. Managements direct to the divisions ready materials for local mass media and control their placement.

13. The official sites shall contain:

1) the list of the documents provided by legal entities and physical persons;

2) the list of the standard questions which are most often asked by applicants and answers to them.

14. At stands with organizational and administrative information the following obligatory information is placed:

1) working hours of division;

2) numbers of offices where acceptance and informing applicants, surnames, names, middle names and positions of the specialists performing acceptance and informing applicants are carried out;

3) the schematic map of arrangement of the territories administered by division;

4) addresses of the official sites;

5) phone numbers, e-mail addresses of management and division;

6) the list of documents which can be shown by applicants as proving the identity;

7) list of documents of title.

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