It is registered
Ministry of Justice
Russian Federation
On February 22, 2011 No. 19919
of December 27, 2010 No. 451-OD
About approval of Rules of the mode at check points through frontier of the Russian Federation
According to article 22 of the Law of the Russian Federation of April 1, 1993 N 4730-1 "About Frontier of the Russian Federation" (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, N 17, Art. 594; Russian Federation Code, 1994, N 16, Art. 1861; 1996, N 50, Art. 5610; 1997, N 29, Art. 3507; N 46, of Art. 5339; 1998, N 31, Art. 3805; 1999, N 23, Art. 2808; 2000, N 32, Art. 3341; N 46, of Art. 4537; 2002, N 1 (1 h), Art. 2; N 52 (1 h), Art. 5134; 2003, N 27 (1 h), Art. 2700; 2004, N 27, Art. 2711; N 35, of Art. 3607; 2005, N 10, Art. 763; 2006, N 17 (1 h), Art. 1784; N 27, of Art. 2877; 2007, N 1 (h 1), Art. 29; N 27, of Art. 3213; N 50, of Art. 6245; 2008, N 29 (h 1), Art. 3418; N 49, of Art. 5748; N 52 (h 1), Art. 6246; 2009, N 1, Art. 17; 2010, N 23, Art. 2792; 2011, N 1, Art. 6; N 7, of Art. 901; N 15, of Art. 2021; N 17, of Art. 2313; N 23, of Art. 3256; N 49 (p. I), Art. 7022; N 50, of the Art. 7366), orders of the Government of the Russian Federation of December 29, 2007 N 963 "About procedure for establishment of the mode at check points through frontier of the Russian Federation" (The Russian Federation Code, 2008, N 1, the Art. 16), of June 26, 2008 N 482 "About approval of Rules of establishment, opening, functioning (operation), reconstruction and closing of check points through frontier of the Russian Federation" (The Russian Federation Code, 2008, N 28, Art. 3381; 2010, N 20, Art. 2474; N 42, of Art. 5381; 2011, N 21, Art. 2981; N 40, of the Art. 5550), the Regulations on Federal Agency for the Development of the State Border Facilities of the Russian Federation approved by the order of the Government of the Russian Federation of November 1, 2007 N 734 (The Russian Federation Code, 2007, N 46, Art. 5575; 2008, N 42, Art. 4830; N 46, of Art. 5337; 2009, N 6, Art. 738; 2010, N 20, Art. 2474; N 26, of Art. 3350; 2011, N 6, Art. 888; N 14, of Art. 1935; N 34, of Art. 4972; 2012, N 5, to the Art. 608), I order:
Approve the enclosed Rules of the mode at check points through frontier of the Russian Federation.
Head
D.A.Bezdelov
Appendix
to the Order of Federal Agency for the Development of the State Border Facilities of the Russian Federation of December 27, 2010 No. 451-OD
1. These rules of the mode at check points through frontier of the Russian Federation (further - Rules) are developed for the purpose of implementation of the order of the Government of the Russian Federation of December 29, 2007 N 963 "About procedure for establishment of the mode at check points through frontier of the Russian Federation" (The Russian Federation Code, 2008, N 1, the Art. 16) according to article 22 of the Law of the Russian Federation of April 1, 1993 N 4730-1 "About Frontier of the Russian Federation" (Sheets of the Congress of People's Deputies and the Supreme Council of the Russian Federation, 1993, N 17, Art. 594; Russian Federation Code, 1994, N 16, Art. 1861; 1996, N 50, Art. 5610; 1997, N 29, Art. 3507; N 46, of Art. 5339; 1998, N 31, Art. 3805; 1999, N 23, Art. 2808; 2000, N 32, Art. 3341; N 46, of Art. 4537; 2002, N 1 (1 h), Art. 2; N 52 (1 h), Art. 5134; 2003, N 27 (1 h), Art. 2700; 2004, N 27, Art. 2711; N 35, of Art. 3607; 2005, N 10, Art. 763; 2006, N 17 (1 h), Art. 1784; N 27, of Art. 2877; 2007, N 1 (h 1), Art. 29; N 27, of Art. 3213; N 50, of Art. 6245; 2008, N 29 (h 1), Art. 3418; N 49, of Art. 5748; N 52 (h 1), Art. 6246; 2009, N 1, Art. 17; 2010, N 23, Art. 2792; 2011, N 1, Art. 6; N 7, of Art. 901; N 15, of Art. 2021; N 17, of Art. 2313; N 23, of Art. 3256; N 49 (p. I), Art. 7022; N 50, of the Art. 7366).
Rules are obligatory for execution by all citizens of the Russian Federation, foreign citizens, citizens of foreign states and stateless persons, and also officials (workers) of the organizations and companies irrespective of their form of business.
2. The mode at check points through frontier of the Russian Federation (further - check points) includes the rule of entrance to these Items, stay and departure from them of persons, vehicles, import, stay and cargo exportation, goods and animals established only for the benefit of creation of necessary conditions for implementation of border and customs control, and in the cases established by international treaties of the Russian Federation and the Federal Laws and other types of control.
3. The mode at the check points functioning within the railway, automobile station or the station, sea, river (lake) port, the airport, airfield is established taking into account requirements of instructions on the throughput and inside modes and plans of ensuring transport safety approved according to the Federal Law of February 9, 2007 N 16-FZ "About transport safety" (The Russian Federation Code, 2007, N 7, Art. 837; 2008, N 30 (h 2), Art. 3616; 2009, N 29, Art. 3634; 2010, N 27, Art. 3415) and other regulatory legal acts of the Russian Federation.
4. The acts of heads of territorial authorities of Federal Agency for the Development of the State Border Facilities of the Russian Federation approved with chiefs of boundary bodies and chiefs of customs in which region of activities check points are located and also with administrations of the airports (airfields), sea, river (lake) ports, railway, automobile stations and stations (further - objects of transport infrastructure), based on these rules and taking into account local conditions, and also plans of ensuring transport safety of objects of transport infrastructure and instructions on the access and inside control of these objects for each check point, rules of the mode in which are determined affirm:
space and temporary limits of their action;
the territories and rooms where are directly performed border and customs control, and in the cases established by international treaties of the Russian Federation and the Federal Laws and other types of control;
places and procedure for entrance to check points and departure from them of persons and vehicles, and also import and cargo exportation, goods and animals;
procedure for input and nature of additional regime restrictions, space and temporary limits of their action;
places of parking of office transport of divisions of the state regulatory authorities, administrations of the check point and the administrations of seaport, river (lake) port, the airport (airfield), the railway, automobile station or the station, other organizations and companies performing economic and other activity, and also traffic routes of this transport at check points.
5. The established places of entrance to check points and departure from them of persons and vehicles, and also import and cargo exportation, goods and animals shall be equipped according to requirements to construction, reconstruction, the equipment and hardware of the buildings, rooms and constructions necessary for the organization boundary, customs and other types of the control exercised at check points.
6. The sites of the territory included in check point limits shall be protected or designated.
Providing the mode at check points includes complex of the permanent actions necessary for creation of conditions of observance by physical persons and legal entities of rules of the mode at check points.
Providing the mode at the check points functioning within objects of transport infrastructure is assigned to the legal entities who are owners of objects of transport infrastructure or using them on other legal cause (further - subjects of transport infrastructure).
Providing the mode at the check points functioning on the sites of the area which are specially allocated in close proximity to frontier of the Russian Federation outside objects of transport infrastructure is assigned to the organization subordinated to Federal Agency for the Development of the State Border Facilities of the Russian Federation.
7. Entrance to check points and departure from them of persons and vehicles, and also import and cargo exportation, goods and animals are performed in the places which are specially allocated for these purposes according to the omissions (including according to electronic omissions) issued by administration of the airports, airfields, sea, river (lake) ports, railway, automobile stations and stations, other transport enterprises in coordination with boundary bodies. Called the omission and others of the omission, provided on the specified objects of transport infrastructure, shall have the single form.
8. Entrance to the check points functioning outside objects of transport infrastructure and departure from them of persons and vehicles, and also import and cargo exportation, goods and animals are performed in the places which are specially allocated for these purposes according to the omissions issued in coordination with boundary bodies branches of the organization subordinated to Federal Agency for the Development of the State Border Facilities of the Russian Federation.
9. The omission for entrance to check points and departure from them of persons and vehicles, and also import and cargo exportation, goods and animals are drawn up based on the written addresses of heads of the organizations and the companies performing economic and other activity at the check point certified by seal and also division managers of federal executive bodies which legally perform activities at the check point, about issue of the omission, filled in Russian it is legible by hand or with use of technical means (the typewriter, the computer), without reducings words, abbreviations, corrections and blots. The omission for entrance to check points and departure of employees of the organization from them subordinated to Federal Agency for the Development of the State Border Facilities of the Russian Federation, and the vehicles belonging to them are drawn up by the head of branch of the specified organization in coordination with the relevant boundary organs.
In the written address are specified the omission of person full name of the organization (company) initiating issue of the omission and adjusting these persons which needs to draw up the omission, including surname, name, middle name, birth date and birth place, the residence (stay), post, data on series, number, date and the place of issue of the identity document of the citizen, and also data on the purpose of stay in the check point and term (period) for which it is required to draw up the omission. In the written address full name of the relevant division, surname, name, middle name of the official, data on the term (period) for which it is required to draw up the omission is specified the omission of officials of the federal executive bodies exercising control at the check point.
In the written address full name of the organization (company), data on the vehicle on which it is required to draw up the omission, including type, brand, model and registration sign (number), data on surname, initials and the identity document of person (persons), under control of which (which) the vehicle is, and also data on the purpose of stay in the check point and term (period) for which it is required to draw up the omission are specified the omission of transport.
The omission for import (export) of loads, goods and animals (daleematerialny the omission) are drawn up according to transport (transportation) documents. The material omission is one-time and is valid only for one export (import) of specific goods (material values).
The paragraph is excluded according to the Order of Rosgranitsa of 26.07.2012 No. 122-OD
10. Addresses on the omission of persons are considered no more than 15 calendar days from the date of their receipt in time. At the same time aggregate term of passing of the address on the omission in case of approval of boundary bodies cannot exceed 10 calendar days. The address on the omission of staff of boundary bodies is not sent for approval.
Written addresses on the omission of persons, vehicles on which it is required to draw up the one-time omission are considered no more than 24 hours from the moment of receipt of the address taking into account operating time of the check point in time. At the same time the term of approval of omissions of boundary bodies cannot exceed 24 hours from the moment of receipt of the appeal to authorized division of boundary body taking into account operating time of the check point.
By results of consideration of the request the decision on issue of the omission or refusal in its issue on the following bases is made:
specifying in the written address of incomplete or unreliable information;
violation of requirements, stipulated in Item 9 Rules;
nonagreement of the request for issue of the omission by boundary bodies;
introduction in the territory within which the check point, emergency or warlike situation, legal regime of counter-terrorist operation functions.
About refusal in issue of the omission it is in writing reported to the initiator of the address with indication of the decision making bases.
11. The omission are made on paper in the form approved in accordance with the established procedure.
The permanent omission is issued for a period of 1 year up to 5 years and contains the following details: number of the omission, surname, name, middle name and the photo of its owner, effective period, surname, initials, position of person which issued the omission.
The temporary omission is issued for a period of up to 1 year and contains the following details: number of the omission, surname, name, middle name of its owner, effective period, surname, initials, position of person which issued the omission.
The one-time omission contains the following details: number of the omission, surname, name, the owner's middle name, data of the document proving his identity, effective period, surname, initials, position of person which issued the omission.
The omission can be made in machine-readable type. In this case the omission shall contain electronic media of information with the personal data of the owner of the omission which are written down on them.
The omission on the vehicle contains the following details: type, brand, model, registration number of the vehicle, the information about his owner, effective period, surname, initials, position of person which issued the omission.
Permanent and temporary the omission are subject to return to branch of the organization subordinated to Federal Agency for the Development of the State Border Facilities of the Russian Federation, within 10 calendar days in case of the termination of term of their action, the bases for stay in the check point, including in case of the termination of the employment or office relationships.
The number of permanent omissions on persons and vehicles for each check point is determined by branch of the organization subordinated to Federal Agency for the Development of the State Border Facilities of the Russian Federation.
12. Entrance (pass) to check points of citizens of the Russian Federation, the foreign citizens and persons without citizenship following through frontier of the Russian Federation is performed according to the Federal Law of August 15, 1996 N 114-FZ "About procedure for departure from the Russian Federation and entry into the Russian Federation" (The Russian Federation Code, 1996, N 34, Art. 4029; 1998, N 4, Art. 531; N 30, of Art. 3606; 1999, N 26, Art. 3175; 2003, N 2, Art. 159; N 27 (h 1), Art. 2700; 2004, N 27, Art. 2711; 2006, N 27, Art. 2877; N 31 (1 h), Art. 3420; 2007, N 1 (1 h), Art. 29; N 3, of Art. 410; N 49, of Art. 6071; N 50, of Art. 6240; 2008, N 19, Art. 2094; N 20, of Art. 2250; N 30 (h 1), Art. 3583; N 30 (h 2), Art. 3616; N 49, of Art. 5735; Art. 5748; 2009, N 1, Art. 30; N 7, of Art. 772; N 26, of Art. 3123; N 52 (1 h), Art. 6407; N 52 (1 h), Art. 6413; N 52 (1 h), Art. 6450; 2010, N 11, Art. 1173; N 15, of the Art. 1740, Art. 1756; N 21, of Art. 2524; N 30, of the Art. 4011).
13. Entrance (pass) to check points according to the documents proving (confirming) the personality and official capacity is performed by persons, the replacement state positions of the Russian Federation provided by the Presidential decree of the Russian Federation of January 11, 1995 N 32 "About the state positions of the Russian Federation" (The Russian newspaper, 1995, N 11-12, the Russian Federation Code, 1996, N 52, Art. 5912; 1998, N 43, Art. 5337; 2006, N 13, Art. 1360; 2007, N 23, Art. 2752; 2008, N 20, Art. 2290; N 43, of Art. 4919; N 49, of the Art. 5763).
14. The staff of diplomatic representations and consular establishments of foreign states in the Russian Federation who arrived for meetings with citizens (subject) of the state represented by them according to rules of international law is passed on the check point territory according to the valid national diplomatic passports and diplomatic cards issued the MFA of Russia.
15. The omission on the territory of the check point of officials of the law enforcement agencies which arrived for accomplishment of specific office tasks is performed according to official IDs and tasks (instructions, business trip orders).
16. The omission on the territory of the check point of officials of Federal Agency for the Development of the State Border Facilities of the Russian Federation, its territorial authorities and subordinated organization, is performed according to official IDs and tasks (instructions, business trip orders).
17. The omission on the territory of the check point of officials of the federal executive bodies exercising control at the check point is made according to official IDs and tasks (instructions, business trip orders).
18. Escort of persons specified in Items 13 - 17 Rules, is performed by the employees having omission constants for entrance (pass) to check points.
19. Rescue and fire fighting calculations, rescue crews, services of search and rescue providing, the crews of emergency medical service which arrived for liquidation of the fires, accidents, other emergency situations of natural and technogenic nature, and also evacuation of victims and seriously ill patients are allowed on the territory of check points based on identity documents and (or) position.
20. No. 122-OD is excluded according to the Order of Rosgranitsa of 26.07.2012.
21. Places and duration of parking at check points of vehicles of foreign following are determined by administration of the airports, airfields, sea, river (lake) ports, railway, automobile stations and stations, other transport enterprises in coordination with boundary and customs authorities.
22. No. 110-OD is excluded according to the Order of Federal Agency for the Development of the State Border Facilities of the Russian Federation of 19.06.2014
23. At check points it is forbidden:
get on the territory, into buildings, rooms and constructions at the check point in defiance of established procedure;
be in the territory of the check point without the established documents, with overdue, defective documents, and also with documents which effective periods did not begin;
be in service premises of bodies of border control, in rooms where verification of documents at persons following through Frontier of the Russian Federation is performed to cross the line of cabins of passport control without the permission of boundary bodies;
take out (to export) from the check point territory material values, loads, goods and animals without the relevant accompanying documents;
bring (to import) on the check point territory firearms, explosives and other dangerous goods without the permission of boundary bodies and law-enforcement bodies according to the procedure, established by the current legislation;
live in the service, utility and other premises located in the regime territory of the check point;
drive to the check point on personal vehicles (except for uses of this motor transport for the purposes of departure from the Russian Federation or entry into the Russian Federation).
24. In places where are directly performed border and customs control, additional regime restrictions are introduced.
The paragraph two is excluded according to the Order of Federal Agency for the Development of the State Border Facilities of the Russian Federation of 19.06.2014 No. 110-OD
Access to places where additional regime restrictions, and for vehicles of foreign following are introduced is performed on permission of boundary bodies.
25. When passing boundary, customs and other established control types persons following through frontier of the Russian Federation are forbidden by any methods to interfere with application by officials of the state regulatory authorities of legal means and control methods.
26. Access for persons to vehicles and to vehicles of foreign following during implementation boundary and other types of control is limited, and in cases neobkhodimostizapreshchatsya.
27. Landing of passengers in vehicles in case of departure from the Russian Federation and disembarkation in case of arrival in the Russian Federation, and also loading (unloading) of baggage, mail and loads are made with the permission of boundary and customs authorities.
28. Vehicles of foreign following can begin movement for departure with the territory of the Russian Federation or following deep into to the territory of the Russian Federation, and equally to change the parking lot only with the permission of boundary and customs authorities.
29. The driver or person, responsible for the vehicle, shall upon the demand of bodies boundary, customs, sanitary and quarantine, transport and other types of control to show the vehicle and loads and goods for survey and carrying out necessary checking actions transported on it.
30. Officials of transport enterprises, organizations, owners of vehicles shall open upon the demand of representatives of boundary bodies for examination the sealed-up (sealed) cars, cars, holds and other rooms of vehicles and loads transported on them.
31. No. 122-OD is excluded according to the Order of Rosgranitsa of 26.07.2012.
32. Observance of the mode by physical persons and legal entities at the check points specified in the paragraph the second Item 6 of Rules is provided by subjects of transport infrastructure; at the check points specified in paragraph three of Item 6 of Rules - the organization subordinated to Federal Agency for the Development of the State Border Facilities of the Russian Federation.
Boundary bodies exercise control of observance of the mode by physical persons and legal entities at check points and bring in state bodies, the companies, organizations or the organizations of idea of elimination of the reasons and conditions promoting their violation.
33. For the purpose of ensuring compliance with requirements of the mode by physical persons and legal entities at the check point at least once a quarter by officials of subjects of transport infrastructure and/or the head of administration of the check point together with representatives of the state regulatory authorities carry out complex inspections of condition of the mode.
Materials of checks are drawn up by the act and are represented to division managers of the state regulatory authorities and organizations located in the territory of the check point, for taking measures to elimination of the revealed shortcomings and enhancement of the mode at the check point.
34. Persons guilty of violation of the mode of check points bear responsibility in accordance with the legislation of the Russian Federation.
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