ORDER OF THE MINISTRY OF FINANCE OF THE RUSSIAN FEDERATION

of October 10, 2008 No. 111n

About approval of Administrative regulations of execution by the Federal Tax Service of the state function on licensing implementation in accordance with the legislation of the Russian Federation activities in the field of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products

According to Item 9 of the Procedure for development and approval of administrative regulations of execution of the state functions (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 (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 by the Federal Tax Service of the state function on licensing implementation in accordance with the legislation of the Russian Federation of activities in the field of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products.

2. The Federal Tax Service provide execution of Administrative regulations of execution by the Federal Tax Service of the state function on licensing implementation in accordance with the legislation of the Russian Federation to activities in the field of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products.

 

Administrative regulations of execution by the Federal Tax Service of the state function on licensing implementation in accordance with the legislation of the Russian Federation activities in the field of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products

I. General provisions

1. The administrative regulations of execution by the Federal Tax Service of the state function on licensing implementation in accordance with the legislation of the Russian Federation of activities in the field of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products (further - Administrative regulations) establish terms and the sequence of ministerial procedures and administrative actions of the Federal Tax Service (further - FNS of Russia), order of interaction between its structural divisions and officials, and also interaction of FNS of Russia with the organizations, public authorities and local self-government in case of execution of the state function on licensing implementation in accordance with the legislation of the Russian Federation of activities in the field of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products (further - the state function).

2. The state function is performed by FNS of Russia and the Department of FNS of Russia for subjects of the Russian Federation (further - Managements).

Ministerial procedures (administrative actions) are performed by federal government civil servants of FNS of Russia and Managements (further - specialists).

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

The Federal Law of November 22, 1995 N 171-FZ "About state regulation of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products" (The Russian Federation Code, 1995, N 48, the Art. 4553);

The Federal Law of December 26, 1995 N 208-FZ "About joint-stock companies" (The Russian Federation Code, 1996, N 1, the Art. 1);

The Federal Law of February 8, 1998 N 14-FZ "About limited liability companies" (The Russian Federation Code, 1998, N 7, the Art. 785);

The Federal Law of July 21, 2005 N 114-FZ "About charges for issue of licenses for implementation of the types of activity connected with production and turnover of ethyl alcohol, alcoholic and alcohol-containing products" (The Russian Federation Code, 2005, N 30, the Art. 3125);

the order of the Government of the Russian Federation of July 8, 1997 N 825 "About maintaining the state summary register of the issued, suspended and cancelled licenses for production, storage and wholesale of ethyl alcohol and alcoholic products" (The Russian Federation Code, 1997, N 28, the Art. 3442);

the order of the Government of the Russian Federation of December 6, 1999 N 1344 "About approval of the Regulations on licensing of activities for production, storage and delivery of alcohol-containing non-food products" (The Russian Federation Code, 1999, N 50, the Art. 6227);

the order of the Government of the Russian Federation of September 30, 2004 N 506 "About approval of the Regulations on the Federal Tax Service" (The Russian Federation Code, 2004, N 40, the Art. 3961);

the order of the Government of the Russian Federation of December 31, 2005 N 873 "About requirements to technical means of fixing and information transfer about production volume and turnover of alcoholic products" (The Russian Federation Code, 2006, N 5, the Art. 541);

the order of the Government of the Russian Federation of April 28, 2006 N 253 "About requirements to technical means of fixing and information transfer about production volume and turnover of ethyl alcohol and alcohol-containing products" (The Russian Federation Code, 2006, N 19, the Art. 2079);

the order of the Government of the Russian Federation of June 28, 2006 N 396 "About requirements to automatic gages and accounting of concentration and amount of anhydrous alcohol in finished goods, amount of finished goods" (The Russian Federation Code, 2006, N 27, the Art. 2941);

the order of the Government of the Russian Federation of June 25, 2007 N 400 "About the list of the region of the Far North and the areas equated to them in which are resolved production, deliveries and retail sale of drinking ethyl alcohol" (The Russian Federation Code, 2007, N 27, the Art. 3287) (further - the order of the Government of the Russian Federation of June 25, 2007 N 400);

the order of the Government of the Russian Federation of June 25, 2007 N 401 "About approval of lists of perfumery and cosmetic products operation of the Federal law "About State Regulation of Production and Turnover of Ethyl Alcohol, Alcoholic and Alcohol-containing Products" (The Russian Federation Code, 2007, N 27, of the Art. 3288) does not extend to activities for which turnover;

the order of the Government of the Russian Federation of January 13, 2006 N 17-p "About approval of the list of types of the capital processing equipment for production and turnover of ethyl alcohol, alcoholic and alcohol-containing products" (The Russian Federation Code, 2006, N 5, the Art. 575);

the order of the Government of the Russian Federation of June 22, 2006 N 898-p "About approval of the list of alcohol-containing non-food products for which production the capital processing equipment does not require equipment by automatic gages and accounting of concentration and amount of anhydrous alcohol in finished goods, amount of finished goods" (The Russian Federation Code, 2006, N 26, of the Art. 2871).

4. Is result of execution of the state function:

a) issue (refusal in issue) licenses for activities on production and turnover of ethyl alcohol, alcoholic and alcohol-containing products (further - the license);

b) prolongation (refusal in prolongation) license effective period (issue of the license to the organization with mark about prolongation);

c) renewal (refusal in renewal) licenses (issue of the new license);

d) consideration of the list of types of new capital processing equipment and certificates of conformity;

e) cancellation of the license;

e) suspension of action of the license;

g) renewal of action of the license (refusal in renewal of action of the license and appeal to the court with the plea of nullity of the license);

h) issue of temporary permission to the right of storage and realization of remaining balance of ethyl alcohol, alcoholic and alcohol-containing products (further - products) (putting down of special mark in the license with indication of amount of storage and realization of remaining balance of products);

i) entering of data into the state register of the granted licenses (except for licenses for retail sale of alcoholic products), licenses which are suspended, and the cancelled licenses (further - the state register).

5. For the purpose of these Administrative regulations the organizations, intended to perform or the performing types of activity connected with production and turnover of products, except for performing treat the organizations applicants:

a) purchases of products for the purpose of their use as raw materials or auxiliary material in case of production of alcoholic, alcohol-containing and other products or in the technical or other not connected with production of the specified products purposes;

b) retail sale of alcoholic and (or) alcohol-containing products;

c) the activities connected with production and turnover of the medicinal, treatment-and-prophylactic, diagnostic means containing ethyl alcohol, registered by authorized federal executive body and entered in the State register of medicines, products of medical appointment, and also the activities of pharmaceutical institutions connected with production of means according to individual recipes including the homeopathic medicines, medicines of veterinary appointment, perfumery and cosmetic products which underwent state registration in authorized federal executive bodies;

d) activities for production and turnover of beer;

e) activities for production and turnover of natural drinks with content of ethyl alcohol no more than 6 percent of amount of finished goods made of the wine materials made without addition of ethyl alcohol;

e) activities for turnover of the alcohol-containing non-food products which are packed up in metal aerosol package by reservoir no more than 450 milliliters;

g) movement through customs border of the Russian Federation of products intended for official use of diplomatic, consular and other official representations of foreign states, including representations of foreign states under the international interstate and intergovernmental organizations;

h) movement through customs border of the Russian Federation of products intended for display as samples at exhibitions and for carrying out certification in number of no more than five units (bottles or other consumer pack) concerning each corresponding name;

i) activities for turnover of the perfumery and cosmetic products included in lists of perfumery and cosmetic products on to which turnover do not extend to activities operation of the Federal law "About State Regulation of Production and Turnover of Ethyl Alcohol, Alcoholic and Alcohol-containing Products", approved by the order of the Government of the Russian Federation of June 25, 2007 N 401.

6. The state function represents execution of ministerial procedures (administrative actions) connected with issue (refusal in issue), prolongation (refusal in prolongation) effective period, renewal (refusal in renewal), renewal (refusal in renewal) actions, cancellation of licenses, issue of temporary permission to the right of storage and realization of remaining balance of products, consideration of the list of types of new capital processing equipment, suspension of action of the license, cancellation of licenses, maintaining the state register.

7. FNS of Russia is performed the state function concerning the following types of activity:

a) production, storage and supply of the made ethyl alcohol, including denatured alcohol;

b) production, storage and deliveries of the made alcoholic products;

c) production, storage and deliveries of the made alcohol-containing food products;

d) production, storage and deliveries of alcohol-containing non-food products;

e) storage of ethyl alcohol.

8. Managements perform the state function concerning the following types of activity:

a) storage of alcoholic products;

b) storage of alcohol-containing food products;

c) purchase, storage and deliveries of alcoholic products;

d) purchase, storage and deliveries of alcohol-containing food products;

e) purchase, storage and deliveries of alcohol-containing non-food products.

9. FNS of Russia and Managements which grant licenses for implementation of the types of activity specified in Items 7 or 8 of these Administrative regulations for the purposes of these Administrative regulations are licensing authorities.

10. The state function is subject to execution concerning production and turnover of each type of the made products delivered or going on retail sale, namely:

a) alcohols:

alcohol - raw ethyl of food raw materials;

the ethyl alcohol rectified from food raw materials;

the ethyl alcohol rectified from non-food raw materials;

ethyl alcohol from efiraldegidny fraction;

synthetic ethyl alcohol;

the ethyl alcohol absolutized;

the ethyl alcohol denatured from food raw materials;

the ethyl alcohol denatured from non-food raw materials;

head fraction of ethyl alcohol;

other ethyl alcohols made from food and non-food raw materials (except for denatured);

b) alcoholic products:

drinking ethyl alcohol;

alcoholic drinks, including:

vodka;

alcoholic beverage products;

cognacs;

cognacs from the processed cognacs;

cognac drinks, brandy;

wine drinks;

low alcohol drinks (alcoholic products with content of ethyl alcohol no more than 9 percent of amount of finished goods);

other alcoholic products which are made with use of the ethyl alcohol made from food raw materials, and (or) alcohol-containing food products and do not belong to drinking ethyl alcohol and wine;

wine, including:

wine natural;

grape wines;

sparkling wines;

wine sparkling;

wine fruit;

other alcoholic products which are made from wine materials, with content of the ethyl alcohol made from food raw materials, no more than 22 percent of amount of finished goods;

c) alcohol-containing food products, including:

wine materials grape, fruit;

the juice alcoholized;

juice it is fermented - alcoholized;

distillates grape, fruit, kalvadosny, viskovy;

cognac alcohols;

kalvadosny alcohols;

other food products (except for alcoholic) with content of the ethyl alcohol made from food raw materials, more 1,5 of percent of amount of finished goods;

d) the alcohol-containing non-food products including denatured:

parfyumerno - cosmetic products;

household chemicals;

alcohol-containing solutions;

other non-food products made with use of ethyl alcohol, other alcohol-containing products or alcohol-containing production wastes of ethyl alcohol with content of ethyl alcohol of more 1,5 of percent of amount of finished goods.

II. Requirements to procedure for execution of the state function

 

Procedure for informing on rules of execution of the state function

11. Information on rules of execution of the state function is provided:

directly in FNS of Russia and Managements;

with use of means of telephone communication, telefonaavtoinformator;

by means of placement in information and telecommunication networks public (including on the Internet).

12. The location information, phones for reference and consultations, the Websites of Managements is given in the appendix N 1 to Administrative regulations.

13. Data on the schedule (mode) of work of FNS of Russia and Managements are reported by phones for reference and consultations, and also are placed:

on the Websites of FNS of Russia and Managements;

at the information stand before entrance to the building in which FNS of Russia or Management is located.

14. Information on rules of execution of the state function (consultation) can be provided on phone numbers for consultations, in case of oral addresses of applicants, or according to written addresses of applicants, and also is placed in information and telecommunication networks public (including on the Internet), at information stands of FNS of Russia and Managements.

15. According to written addresses the answer goes by mail to the applicant in time, not exceeding 30 days from the moment of receipt of the written address.

16. In case of responses to phone calls and oral addresses specialists shall, according to the arrived request, to provide information on the following questions:

about the entering numbers at which requests concerning execution of the state function are registered in system of clerical work of FNS of Russia or Managements;

about regulatory legal acts concerning execution of the state function (the name, number, acceptance date of the regulation);

about the location on the official sites of FNS of Russia or Information directorates concerning execution of the state function;

other information on rules of execution of the state function.

17. At information stands and the Websites of FNS of Russia and Managements the following information is placed:

- provisions of the legislative and other regulatory legal acts containing the regulations regulating execution of the state function;

- these Administrative regulations;

- short description of procedure for execution of the state function;

- location, schedule (mode) of work, phone numbers, addresses of the Websites of FNS of Russia and Managements responsible for implementation of the state function.

The places of informing intended for acquaintance of the organizations applicants with information materials are equipped:

- information stands;

- chairs and tables for possibility of document creation;

- terminal of access to directory materials (Website of FNS of Russia, Managements).

18. Consultations (reference) concerning execution of the state function are provided by the specialists performing the state function.

Consultations are provided on the following questions:

- issues of licenses;

- prolongation of effective period of licenses;

- renewals of licenses;

- to other questions connected with execution of the state function.

19. Consultations (reference) are provided in case of the written, oral address by phone or the personal appeal of the organization - the applicant, and also by e-mail.

Consultations of general nature (about the location, the working schedule, required documents) can be provided with use of phone answerphone.

 

Completion dates of the state function

20. Decision making term about issue (refusal in issue) the license or renewal (refusal in renewal) cannot exceed licenses 30 days from the date of obtaining by the licensing body of the statement for issue or renewal of the license and all necessary documents from the organization applicant.

In case of need conducting additional examination the specified term can be extended for the period of its carrying out, but no more than for 30 days.

Decision making term about prolongation (refusal in prolongation) cannot exceed effective period of the license 15 days from the date of obtaining by the licensing body of the statement and all necessary documents from the organization applicant.

The term of suspension of action of the license necessary for elimination of the revealed violations, cannot exceed six months.

The decision on renewal of action of the license (about refusal in renewal of action of the license and appeal to the court with the plea of nullity of the license) is accepted by the licensing body no more than 10 days from the date of obtaining from the organization applicant of the statement for elimination of the circumstances which entailed suspension of action of the license in time.

The term of consideration of the application about cancellation of the license cannot exceed 3 days from the date of receipt in the licensing body of the statement from the organization applicant.

21. The licensing body grants the license (the license with mark about prolongation, the new license in case of renewal of the license, temporary permission to the right of storage and sales of products with indication of its amount in the form of special mark in the license) the organizations applicants (the representative of the organization applicant) no later than 3 days after relevant decisions.

The organization applicant has the right to address to the licensing body behind licensing after the expiration of the specified term. At the same time the license is granted in day of the address if the license is not sent to the organization applicant in the form of the mailing.

 

The list of the bases for refusal in issue (renewal, prolongation of effective period) of the license, decision makings about inadmissibility of use of new capital processing equipment, return of documents in case of impossibility of their consideration

22. Licensing it can be refused:

1) in case of identification in the submitted documents of the doubtful or distorted information;

2) in case:

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