ORDER OF THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION OF THE RUSSIAN FEDERATION

of February 18, 2013 No. 59

About modification of Administrative regulations of provision by Federal Agency for Subsoil Management of the state service in issue of the permission for construction of capital construction projects, construction or reconstruction of which No. 162 approved by the Order of the Ministry of Natural Resources and Environmental Protection of the Russian Federation of June 25, 2012 is performed on the parcel of land provided to the subsoil user and necessary for conducting the works connected with use of natural resources (except for the works connected with use of subsoil plots of local value),

According to the Federal Law of 28.07.2012 N 133-FZ "About modification of separate legal acts of the Russian Federation for the purpose of elimination of restrictions for provision of the state and municipal services in the principle of "one window" (The Russian Federation Code, 2012, N 31, 4322) I order to the Art.:

Make changes to Administrative regulations of provision by Federal Agency for Subsoil Management of the state service in issue of the permission for construction of capital construction projects, the construction or reconstruction of which is performed on the parcel of land provided to the subsoil user and necessary for conducting the works connected with use of natural resources (except for the works connected with use of subsoil plots of local value), approved by the order of the Ministry of Natural Resources and Environmental Protection of the Russian Federation of June 25 2012 N 162 (it is registered by the Ministry of Justice of the Russian Federation 09.10. 2012, registration N 25636), according to appendix.

Appendix

to the Order of the Ministry of Natural Resources and Environmental Protection of the Russian Federation of February 18, 2013 No. 59

The changes made to Administrative regulations of provision by Federal Agency for Subsoil Management of the state service in issue of the permission for construction of capital construction projects, construction or reconstruction of which No. 162 approved by the Order of the Ministry of Natural Resources and Environmental Protection of the Russian Federation of June 25, 2012 is performed on the parcel of land provided to the subsoil user and necessary for conducting the works connected with use of natural resources (except for the works connected with use of subsoil plots of local value),

1. In the paragraph of 1 Item 14 after words of "municipal services" to add with words ", the multipurpose center of provision of the state and municipal services,".

2. In Item 28:

a) state subitem 2.5 in the following edition:

"2. 5) data on the engineering equipment, the consolidating plan of networks of engineering facilities with designation of places of connection (technological accession) of designed project of capital construction to networks of engineering facilities;";

b) in subitem 2.6 to exclude the word of "(reconstruction)";

c) add with new subitems 5 and 6 of the following content:

"5) positive experimental testimony of the project documentation of capital construction project (in relation to separate stages of construction in the case provided by part 12.1 of article 48 of the Town-planning code) if such project documentation is subject to examination according to article 49 of the Town-planning code;

6) the copy of the certificate on accreditation of the legal entity who issued the positive conclusion of non-state examination of the project documentation if the conclusion of non-state examination of the project documentation is provided.".

3. State Item 29 in the following edition:

"29. The application for issue of the construction license is submitted by the applicant (his authorized representative) personally or the mailing (including with use of e-mail) to Rosnedra or the territorial authority of Rosnedra specified in the appendix N 1 to these Administrative regulations. Application can be also issued and directed by means of the single portal of the state and municipal services or the multipurpose center of provision of the state and municipal services.

The application form is filled in by hand or typewritten method and certified by the applicant's seal.

In the statement for issue of the construction license it shall be specified where this application is submitted (to Rosnedra or territorial authority of Rosnedra), and also the name of the legal entity or individual entrepreneur planning to perform construction or reconstruction of objects from which the application is submitted with indication of identification taxpayer number (further - INN); legal and postal address; surnames, name, middle name (the last - in the presence) (further - full name) the head; phone.

Also are specified in the statement for issue of the construction license:

the name and location of object, construction or reconstruction of which is planned;

the term during which the construction or reconstruction of object will be performed;

the name and details of the document granting mineral right;

the name and details of the title document on the parcel of land;

details of the development plan for a land plot or in case of issue of the permission for construction of linear object details of the site planning of the territory and the boundary-setting plan;

details of permission to variation from extreme parameters of the permitted construction, reconstruction (if such permission according to article 40 of the Town-planning code of the Russian Federation was provided to the builder);

the name of the project organization which developed the project documentation on asset construction with indication of INN, the legal and postal address of the project organization, full name of the head, phone number, the name of the document and the authorized organization which issued permission to accomplishment of project works; information on the one whom, when and what number approves the design estimates.".

4. Subitems 5 - the 7th Item 31 to exclude.

5. In Item 41 after words of "municipal services" to add with words ", the multipurpose center of provision of the state and municipal services,".

6. State Item 54 in the following edition:

"54. The application for issue of the construction license can be submitted through the multipurpose center of provision of the state and municipal services according to the agreement on interaction between the multipurpose center and Rosnedra, its territorial authorities, from coming into force of the relevant agreement on interaction.".

7. In Item 55 after words of "municipal services" to add with words ", the multipurpose center of provision of the state and municipal services,".

8. Exclude Item 56.

9. In Item 57:

a) after words of "municipal services" to add with words ", the multipurpose center of provision of the state and municipal services,";

b) add with the new paragraph of the following content:

"The list of classes of digital signature facilities which are allowed to use in case of the request for receipt of the state service rendered using the strengthened qualified digital signature and are determined based on approved by federal executive body in coordination with Federal Security Service of the Russian Federation of model of safety hazards of information in the information system used for the purpose of acceptance of requests for receipt of the state service and (or) provision of such service.".

10. Add Item 60 with new paragraphs of the following content:

"The request for receipt of the state service can be performed with use of the electronic documents signed by the digital signature according to requirements of the Federal Law of 06.04.2011 N 63-FZ "About the digital signature" and requirements of the Federal Law N 210-FZ "About the organization of provision of the state and municipal services".

The actions connected with check of validity of the strengthened qualified digital signature of the applicant used in case of the request for receipt of the state service and also with establishment of the list of classes of means of certification centers which are allowed for use for the purpose of ensuring the specified check and are determined based on approved by federal executive body in coordination with Federal Security Service of the Russian Federation of model of safety hazards of information in the information system used for the purpose of acceptance of requests for provision of such service are performed according to the order of the Government of the Russian Federation of 25.08.2012 N 852 "About approval of Rules of use of the strengthened qualified digital signature in case of the request for receipt of the state and municipal services and about modification of Rules of development and approval of administrative regulations of provision of the state services" (The Russian Federation Code, 2012, N 36, the Art. 4903).".

11. In Item 64 after words of "municipal services" to add with words ", the multipurpose center of provision of the state and municipal services,".

12. In Item 65 after words of "municipal services" to add with words ", the multipurpose center of provision of the state and municipal services,".

13. In Item 70:

a) in paragraph 2 after words of "municipal services" to add with the words "or multipurpose center of provision of the state and municipal services";

b) in paragraph 4 after words of "municipal services" to add with the words "or multipurpose center of provision of the state and municipal services".

14. In the paragraph of 1 Item 87 after words of "municipal services" to add with the words "or multipurpose center of provision of the state and municipal services".

15. In Item 92 after words of "municipal services" to add with the words "or multipurpose center of provision of the state and municipal services".

16. In the paragraph of 1 Item 98 after words of "municipal services" to add with the words "or multipurpose center of provision of the state and municipal services ".

17. In the paragraph of the 5th Item 101 after words of "municipal services" to add with the words "or multipurpose center of provision of the state and municipal services ".

18. State the Section V in the following edition:

"114. The applicant has the right to make the complaint to the decision and (or) action (failure to act) of Rosnedra, its territorial authorities and (or) their officials, federal government employees, by provision of the state service (further - the claim).

115. The applicant can address with the claim including in the following cases:

a) violation of term of registration of request of the applicant about provision of the state service;

b) violation of term of provision of the state service;

c) the requirement of representation by the applicant of the documents which are not provided by regulatory legal acts of the Russian Federation for provision of the state service;

d) refusal in documents acceptance which representation is provided by regulatory legal acts of the Russian Federation for provision of the state service;

e) refusal in provision of the state service if the bases of refusal are not provided by the Federal Laws and other regulatory legal acts of the Russian Federation accepted according to them;

e) the requirement of introduction by the applicant by provision of the state service of the payment which is not provided by regulatory legal acts of the Russian Federation;

g) refusal of the bodies providing the state service their officials in correction of the made typographical errors and error messages in given as a result of provision of the state service documents or violation of fixed term of such corrections.

116. According to part 3 of article 11.2 of the Federal law N 210-FZ "About the organization of provision of the state and municipal services" the procedure for giving and consideration of claims to decisions and actions (failure to act) of federal executive bodies and their officials, federal government employees, officials of state non-budgetary funds of the Russian Federation is established by the Government of the Russian Federation.

117. The claim is submitted in writing on paper, electronically in the body providing the state services. The claim can be directed by mail, through the multipurpose center, with use of the Internet, official site of the body providing the state service, the single portal of the state and municipal services or the regional portal of the state and municipal services and also can be accepted in case of personal acceptance of the applicant.

In case of the applicant's disagreement with the decision or action (failure to act) of territorial authority of Rosnedra in connection with provision of the state service, the claim is submitted in Rosnedra.

In case of the applicant's disagreement with the decision or action (failure to act) of Rosnedra in connection with provision of the state service the claim is submitted in the Ministry of Natural Resources and Environmental Protection of the Russian Federation.

118. The claim shall contain:

1) the name of the body providing the state service, the official of the body providing the state service, or the government employee, decisions and actions (failure to act) of which are appealed;

2) surname, name, middle name (the last - in the presence), place of residence of the applicant - physical person or the name, data on the location of the applicant - the legal entity, and also number (numbers) of contact telephone number, the address (addresses) of e-mail (in the presence) and the postal address on which the answer shall be sent to the applicant;

3) data on the appealed decisions and actions (failure to act) of the body providing the state service, the official of the body providing the state service, or the government employee;

4) arguments based on which the applicant does not agree with the decision and action (failure to act) of the body providing the state service, the official of the body providing the state service, or the government employee.

If the claim is submitted through the applicant's representative, the document confirming powers on implementation of actions on behalf of the applicant is also submitted. As the document confirming powers on implementation of actions on behalf of the applicant it can be provided:

a) the power of attorney which is drawn up in accordance with the legislation of the Russian Federation (for physical persons);

b) the power of attorney which is drawn up in accordance with the legislation of the Russian Federation certified by seal of the applicant and signed by the head of the applicant or person authorized by this head (for legal entities);

c) the copy of the decision on appointment or about election or the order on appointment of the physical person to position according to which such physical person has rights to act on behalf of the applicant without power of attorney.

The documents (in the presence) confirming the applicant's arguments, or their copies can be submitted by the applicant.

119. The term of consideration of the claim shall not exceed 15 working days from the moment of its registration.

The term of consideration of the claim to refusal of the body providing the state service or in correction of the made typographical errors and mistakes or in case of appeal of violation of fixed term of such corrections shall not exceed the official of the body providing the state service in documents acceptance at the applicant 5 working days from the moment of its registration.

According to part 6 of article 11.2 of the Federal law N 210-FZ "About the organization of provision of the state and municipal services" the Government of the Russian Federation has the right to establish cases in case of which the term of consideration of the claim can be reduced.

120. In grievance settlement refuses in the following cases:

a) availability of the judgment which took legal effect, Arbitration Court according to the claim about the same subject and of the same bases;

b) submission of the claim by person whose powers are not confirmed according to the procedure, established by the legislation of the Russian Federation;

c) availability of the decision according to the claim made earlier according to requirements of these rules for the same applicant and for the same subject of the claim.

121. The claim can be left without answer in the following cases:

a) availability in the claim of obscene or abusive terms, threats of life, to health and property of the official, and also members of his family;

b) lack of opportunity to read any part of the text of the claim, surname, name, middle name (in the presence) and (or) the postal address of the applicant, specified in the claim.

122. Suspension of consideration of the claim is not allowed.

123. By results of consideration one of the following decisions is accepted:

1) to satisfy the claim, including in the form of cancellation of the made decision, correction of the made typographical errors and error messages in given as a result of provision of the state service documents, return to the applicant of money which collection is not provided by regulatory legal acts of the Russian Federation, and also in other forms;

2) to refuse grievance settlement.

124. No later than the day following behind day of the decision making specified in Item 123 presents of Administrative regulations, to the applicant the motivated answer about results of consideration of the claim in writing on the postal address specified in the claim and at the request of the applicant electronically goes.

125. The applicant has the right to appeal decisions according to the claim to higher officials.

126. The applicant has right to be informed and the documents necessary for reasons and consideration of the claim.

127. Information on procedure for giving and consideration of the claim is posted on the official sites of Rosnedra and its territorial authorities on the information and telecommunication Internet, at information stands of Rosnedra and its territorial authorities, on the single portal of the state and municipal services, in distributing information materials (brochures, booklets), and also can be told the applicant in oral form during personal acceptance.

128. In case of establishment in the course or by results of consideration of the claim of signs of structure of administrative offense or crime the official given authority on consideration of claims without delay directs the available materials to bodies of prosecutor's office.".

19. In the appendix N 1:

a) in Item 7 of the word "Department of Mineral Resources for the Arkhangelsk Region" to replace with the words "Department of Subsurface Use of the Arkhangelsk Region";

b) in Item 8 of the word "Department of Mineral Resources for the Kaliningrad Region" to replace with the words "Department of Subsurface Use of the Kaliningrad Region";

c) in Item 9 of the word "Department of Mineral Resources for Murmansk Region" to replace with the words "Department of Subsurface Use of Murmansk Region";

d) in Item 10 of the word "Department of Mineral Resources for the Nenets Autonomous Okrug" to replace with the words "Department of Subsurface Use of the Nenets Autonomous Okrug".

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