ORDER OF FEDERAL SERVICE FOR ALCOHOL MARKET REGULATION OF THE RUSSIAN FEDERATION

of October 31, 2014 No. 349

About approval of Administrative regulations of provision by Federal Service for Alcohol Market Regulation of the state service in acceptance of notifications on the beginning of turnover in the territory of the Russian Federation alcoholic products

According to the Federal Law of July 27, 2010 No. 210-FZ "About the organization of provision of the state and municipal services" (The Russian Federation Code, 2010, No. 31, Art. 4179; 2011, No. 15, Art. 2038; No. 27, Art. 3873, 3880; No. 29, Art. 4291; No. 30, Art. 4587; No. 49, Art. 7061; 2012, No. 31, Art. 4322; 2013, No. 14, Art. 1651; No. 27, Art. 3477, 3480; No. 30, Art. 4084; No. 51, Art. 6679; No. 52, Art. 6952, 6961, 7009; 2014, No. 26, Art. 3366; No. 30, the Art. 4264), the order of the Government of the Russian Federation of May 16, 2011 No. 373 "About 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, 2011, No. 22, Art. 3169; No. 35, Art. 5092; 2012, No. 28, Art. 3908; No. 36, Art. 4903; No. 50, Art. 7070; No. 52, Art. 7507; 2014, No. 5, the Art. 506), subitem 5.3.11 (3) the Regulations on Federal Service for Alcohol Market Regulation approved by the order of the Government of the Russian Federation of February 24, 2009 No. 154 "About Federal Service for Alcohol Market Regulation" (The Russian Federation Code, 2009, No. 9, Art. 1119; 2010, No. 21, Art. 2618; No. 26, Art. 3350; No. 31, Art. 4251; No. 42, Art. 5403; 2011, No. 6, Art. 888; No. 14, Art. 1935; 2012, No. 7, Art. 852; No. 34, Art. 4735; 2013, No. 22, Art. 2814; No. 33, Art. 4386, No. 45, Art. 5822; 2014, to No. 12, of the Art. 1298), I order:

1. Approve the enclosed Administrative regulations of provision by Federal Service for Alcohol Market Regulation of the state service in acceptance of notifications on the beginning of turnover in the territory of the Russian Federation of alcoholic products.

2. To impose control of execution of this order on the deputy manager of Federal Service for Alcohol Market Regulation V. V. Zaslavsky.

Approved by the Order of Federal Service for Alcohol Market Regulation of the Russian Federation of October 31, 2014, No. 349

Administrative regulations of provision by Federal Service for Alcohol Market Regulation of the state service in acceptance of notifications on the beginning of turnover in the territory of the Russian Federation alcoholic products

I. General provisions

Subject of regulation of Administrative regulations

1. The administrative regulations of provision by Federal Service for Alcohol Market Regulation of the state service in acceptance of notifications on the beginning of turnover in the territory of the Russian Federation of alcoholic products establish terms and the sequence of ministerial procedures (actions) of Federal Service for Alcohol Market Regulation, order of interaction between its structural divisions and officials, order of interaction with public authorities, the organizations, the agricultural producers (the organizations, individual entrepreneurs, peasant farms) (further respectively - the organizations, agricultural producers) performing delivery of alcoholic products of certain name to the territory of the Russian Federation by provision of the state service in acceptance of notifications on the beginning of turnover in the territory of the Russian Federation alcoholic products (further - the state service).

Circle of applicants

2. The state service is provided to the organizations - the legal entities, agricultural producers performing delivery of alcoholic products of certain name to the territory of the Russian Federation <1> (further - applicants).

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<1> According to Item 2 of the Regulations on submission of notifications on the beginning of the turnover in the territory of the Russian Federation alcoholic products approved by the order of the Government of the Russian Federation of June 5, 2013 No. 474 (The Russian Federation Code, 2013, No. 23, the Art. 2929).

Requirements to procedure for informing on provision of the state service

3. Working schedule of Federal Service for Alcohol Market Regulation:

Monday	9.00 - 18:00
Tuesday	9.00 - 18:00
environment	9.00 - 18:00
Thursday	9.00 - 18:00
Friday	9.00 - 16:45
Saturday	day off
Sunday	day off

 

Break time for rest and food of officials is established by rules of the office schedule of Federal Service for Alcohol Market Regulation.

4. Information stands are equipped in case of entrance to premises of Federal Service for Alcohol Market Regulation. At information stands the following obligatory information is placed:

1) postal addresses and working schedule of central office of Federal Service for Alcohol Market Regulation and its territorial authorities;

2) address of the official site of Federal Service for Alcohol Market Regulation;

3) number of phone answerphone, help phone number of structural division of Federal Service for Alcohol Market Regulation responsible for provision of the state service;

4) excerpts from the regulatory legal acts containing the regulations and requirements regulating activities for provision of the state service;

5) list of the documents necessary for provision of the state service;

6) sample of the notification on the beginning of the turnover in the territory of the Russian Federation alcoholic products (further - the notification) provided by the applicant for receipt of the state service.

Texts of materials are printed by font, convenient for reading, without corrections, the most important places are emphasized.

5. On the Internet on the official site of Federal Service for Alcohol Market Regulation and in the federal state information system "Single Portal of the State and Municipal Services (Functions)" (further - the Single portal) the following information is placed:

1) name and postal address of Federal Service for Alcohol Market Regulation;

2) number of phone answerphone, help phone numbers of structural division of Federal Service for Alcohol Market Regulation responsible for provision of the state service (further - responsible division of Federal Service for Alcohol Market Regulation);

3) working schedule of central office of Federal Service for Alcohol Market Regulation and its territorial authorities;

4) the list of documents which submission is necessary for provision of the state service;

5) excerpts from the regulatory legal acts containing the regulations and requirements regulating activities for provision of the state service;

6) the text of these Administrative regulations with appendices;

7) short description of procedure for provision of the state service.

Location information, contact telephone numbers, the address of the official site of Federal Service for Alcohol Market Regulation, territorial authorities of Federal Service for Alcohol Market Regulation is given in Appendix No. 1 to these Administrative regulations.

6. Federal Service for Alcohol Market Regulation provides the following information with use of phone answerphone:

1) about working hours of responsible division of Federal Service for Alcohol Market Regulation and about working hours of territorial authorities;

2) about the postal address of Federal Service for Alcohol Market Regulation and about postal addresses of territorial authorities;

3) about the address of the official site of Federal Service for Alcohol Market Regulation;

4) about help phone number of responsible division of Federal Service for Alcohol Market Regulation, the address of its e-mail and about help phone numbers of territorial authorities, addresses of their e-mail.

Provision of information on phone answerphone is performed round the clock.

7. When informing on procedure for provision of the state service by phone the specialist of responsible division of Federal Service for Alcohol Market Regulation, having picked up the phone, it shall be provided: tell surname, the name, middle name, position.

Calls by question of informing on procedure for provision of the state service are received according to the working schedule of Federal Service for Alcohol Market Regulation.

During the conversation the specialist of responsible division of Federal Service for Alcohol Market Regulation shall pronounce words accurately, not allow simultaneous talk with surrounding people and not interrupt conversation because of receipt of call on other device. The conversation shall not continue more than 10 minutes.

8. In case of responses to phone calls and oral addresses the specialist of responsible division of Federal Service for Alcohol Market Regulation shall provide information on the following questions according to the arrived request:

1) about regulatory legal acts concerning activities for production and turnover of alcoholic products, concerning provision of the state service (the name, number, acceptance date of regulatory legal act);

2) about the list of the documents necessary for provision of the state service;

3) about terms of provision of the state service;

4) about the location on the official site of Federal Service for Alcohol Market Regulation of information on questions of receipt of the state service.

9. Other questions are considered by Federal Service for Alcohol Market Regulation only based on the corresponding written address.

II. Standard of provision of the state service

Name of the state service

10. State service in acceptance of notifications on the beginning of turnover in the territory of the Russian Federation alcoholic products.

The name of the federal executive body providing the state service

11. The state service is provided by Federal Service for Alcohol Market Regulation.

Description of result of provision of the state service

12. Provisions of the state service acceptance from applicants of notifications on the beginning of turnover in the territory of the Russian Federation is result of some alcoholic products (further - the notification) for the purpose of introduction of information on the alcoholic products of certain name containing in the notification into the federal register of alcoholic products <1>.

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<1> According to the order of the Government of the Russian Federation of June 5, 2013 No. 474 "About submission of notifications on the beginning of turnover in the territory of the Russian Federation alcoholic products".

Term of provision of the state service

13. Federal Service for Alcohol Market Regulation within 1 working day from the date of receipt of the notification sends electronically to the applicant who provided the notification, confirmation on receipt of the notification.

14. The term of the direction to the applicant of confirmation about receipt of the notification containing the specified data - within 1 working day from the date of receipt of the notification.

The list of the regulatory legal acts governing the relations arising in connection with provision of the state service

15. The Federal Law of November 22, 1995 No. 171-FZ "About state regulation of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and about restriction of consumption (drinking) of alcoholic products" (The Russian Federation Code, 1995, No. 48, Art. 4553; 1999, No. 2, Art. 245; 2001, No. 53, Art. 5022; 2002, No. 30, Art. 3026, 3033; 2004, No. 45, Art. 4377; 2005, No. 30, Art. 3113; 2006, No. 31, Art. 3433; No. 43, Art. 4412; 2007, No. 1, Art. 11; No. 17, Art. 1931; No. 31, Art. 3994; No. 49, Art. 6063; 2008, No. 30, Art. 3616; 2009, No. 1, Art. 21; No. 52, Art. 6450; 2010, No. 15, Art. 1737; No. 31, Art. 4196; 2011, No. 1, Art. 42; No. 27, Art. 3880; No. 30, Art. 4566, 4601; 2012, No. 26, Art. 3446; No. 31, Art. 4322; No. 53, Art. 7584, 7611; 2013, No. 30, Art. 4065; No. 44, the Art. 5635) (further - the Federal Law No. 171-FZ);

The Federal Law of July 27, 2010 No. 210-FZ "About the organization of provision of the state and municipal services" (The Russian Federation Code, 2010, No. 31, Art. 4179; 2011, No. 15, Art. 2038; No. 27, Art. 3873, 3880; No. 29, Art. 4291; No. 30, Art. 4587; No. 49, Art. 7061; 2012, No. 31, Art. 4322; 2013, No. 14, Art. 1651; No. 27, Art. 3477, 3480; No. 30, Art. 4084; No. 51, Art. 6679; No. 52, Art. 6952, 6961, 7009; 2014, No. 26, Art. 3366; No. 30, the Art. 4264) (further - the Federal Law No. 210-FZ);

the order of the Government of the Russian Federation of February 24, 2009 No. 154 "About Federal Service for Alcohol Market Regulation" (The Russian Federation Code, 2009, No. 9, Art. 1119; 2010, No. 21, Art. 2618; No. 26, Art. 3350; No. 31, Art. 4251; No. 42, Art. 5403; 2011, No. 6, Art. 888; No. 14, Art. 1935; 2012, No. 7, Art. 852; No. 34, Art. 4735; 2013, No. 22, Art. 2814; No. 33, Art. 4386, No. 45, Art. 5822; 2014, No. 12, Art. 1298);

the order of the Government of the Russian Federation of May 16, 2011 No. 373 "About 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, 2011, No. 22, Art. 3169; No. 35, Art. 5092; 2012, No. 28, Art. 3908; No. 36, Art. 4903; No. 50, Art. 7070; No. 52, Art. 7507; 2014, No. 5, Art. 506);

the order of the Government of the Russian Federation of June 5, 2013 No. 474 "About submission of notifications on the beginning of turnover in the territory of the Russian Federation alcoholic products" (The Russian Federation Code, 2013, No. 23, the Art. 2929) (further - the Resolution No. 474).

The exhaustive list of the documents necessary according to regulatory legal acts for provision of the state service and services which are necessary and obligatory for provision of the state service, subject to representation by the applicant, methods of their obtaining by the applicant, including electronically, procedure for their representation

16. Federal Service for Alcohol Market Regulation provides the state service based on the notification provided by the applicant.

17. The notification is submitted the applicant in electronic form, signed by the strengthened qualified digital signature, in Federal Service for Alcohol Market Regulation on telecommunication channels, including with use of the Single portal.

18. Notifications are filled in with applicants by means of the federal state information system "Federal Register of Alcoholic Products" (further - information system), with use of the accounting record for logging into the personal account on the e-mail address: http://frap.fsrar.ru.

19. In case of change of any information on the alcoholic products of certain name containing in the notification submitted earlier, the organization, agricultural producer represent the notification containing the specified information on alcoholic products of this name to Federal Service for Alcohol Market Regulation.

20. Use of the strengthened qualified digital signature when signing by the applicant of the notification is performed according to regulations of the Federal Law of April 6, 2011 No. 63-FZ "About the digital signature" (The Russian Federation Code, 2011, No. 15, Art. 2036; No. 27, Art. 3880; 2012, No. 29, Art. 3988; 2013, No. 14, Art. 1668; No. 27, Art. 3463, 3477; 2014, No. 11, Art. 1098).

21. Submission of notifications on papers is not provided.

22. It is not allowed to demand from the applicant of submission of documents and information or implementation of actions, representation or implementation of which is not provided by the regulatory legal acts governing the relations arising in connection with provision of the state service.

It is not allowed to demand from the applicant of submission of documents and information who according to regulatory legal acts of the Russian Federation, regulatory legal acts of subjects of the Russian Federation and municipal legal acts are at the disposal of the state bodies providing the state service, other state bodies, local government bodies and (or) subordinated to state bodies and local government bodies of the organizations, participating in provision of the state service, except for documents, specified in part 6 of article 7 of the Federal Law No. 210-FZ.

The exhaustive list of the documents necessary according to regulatory legal acts for provision of the state service and services which are at the disposal of the state bodies, local government bodies and other bodies participating in provision of the state or municipal services and which the applicant has the right to provide, and also methods of their obtaining by applicants, including electronically, procedure for their representation

23. For provision of the state service submission of the documents which are at the disposal of other state bodies, local government bodies and other bodies is not required.

The exhaustive list of the bases for refusal in documents acceptance, necessary for provision of the state service

24. The basis for refusal in documents acceptance, necessary for provision of the state service, is representation by the applicant of the notification which is not containing obligatory information according to Item 43 presents of Administrative regulations or containing this information not in full.

The exhaustive list of the bases for suspension or refusal in provision of the state service

25. The bases for suspension of provision of the state service are not established.

26. The bases for refusal in provision of the state service are not established.

The list of services which are necessary and obligatory for provision of the state service, including data on the document (documents) issued (issued) by the organizations participating in provision of the state service

27. The services necessary and obligatory for provision of the state service, no.

Procedure, the size and the bases of collection of the state fee or other payment levied for provision of the state service

28. The state fee or other payment for provision of the state service is not levied.

Procedure, the size and the bases of collection of payment for provision of services which are necessary and obligatory for provision of the state service, including information on method of calculation of the amount of such payment

29. The payment for provision of services which are necessary and obligatory for provision of the state service is not levied.

The maximum term of expectation in queue when giving request about provision of the state service and in case of receipt of result of provision of the state service

30. The direct appeal of applicants to Federal Service for Alcohol Market Regulation when giving request about provision of the state service and in case of receipt of result of provision of the state service is not provided.

The term and order of registration of request of the applicant about provision of the state service, including electronically

31. The notification provided by the applicant is subject to registration in day of receipt in Federal Service for Alcohol Market Regulation.

Requirements to rooms in which the state service, to the place of expectation and acceptance of applicants, placement and execution of visual, text and multimedia information on procedure for provision of the state service is provided

32. The central entrances to buildings of Federal Service for Alcohol Market Regulation shall be equipped with the information plate (sign) containing information on the name, the location, working hours of Federal Service for Alcohol Market Regulation, and also on telephone numbers of service desk.

33. Visual, text and multimedia information on procedure for provision of the state service is placed at the information stand in Federal Service for Alcohol Market Regulation, on the official site of Federal Service for Alcohol Market Regulation, and also on the Single portal.

In case of change of information on provision of the state service its updating at information stands in Federal Service for Alcohol Market Regulation, on the official site of Federal Service for Alcohol Market Regulation, and also on the Single portal is also performed.

34. Workplaces of the officials responsible for provision of the state service are equipped with the computers and office equipment allowing to obtain timely and in full reference information concerning provision of service and to organize provision of the state service in full.

35. Additional requirements to rooms in which the state service is provided to the place of expectation and acceptance of applicants, placement and execution of visual, text and multimedia information on procedure for provision of the state service are not shown.

Indicators of availability and quality of the state service

36. Indicators of availability and quality of the state service are:

1) open access for applicants to information on procedure and terms of provision of the state service, procedure for appeal of actions (failure to act) for the officials responsible for provision of the state service;

2) observance of the standard of provision of the state service;

3) lack of reasonable complaints of applicants about actions (failure to act) of the officials responsible for provision of the state service.

Other requirements including considering features of provision of the state service in the multipurpose centers of provision of the state and municipal services, and features of provision of the state service electronically

37. The possibility of provision of the state service in the multipurpose center of provision of the state and municipal services is not provided.

III. Structure, sequence and terms of accomplishment of ministerial procedures (actions), requirements to procedure for their accomplishment, including feature of accomplishment of ministerial procedures (actions) electronically

38. By provision of the state service the following ministerial procedures are performed:

1) acceptance and registration of the notification provided by the applicant;

2) introduction of information containing in the notification into the federal register of alcoholic products.

Interaction of Federal Service for Alcohol Market Regulation with other public authorities, local government bodies and the organizations participating in provision of the state service within interdepartmental interaction is not provided.

The flowchart of provision of the state service is given in Appendix No. 2 to these Administrative regulations.

Acceptance and registration of the notification provided by the applicant

39. The basis for ministerial procedure on acceptance of the notifications provided to Federal Service for Alcohol Market Regulation is obtaining by Federal Service for Alcohol Market Regulation of the notification directed in electronic form, signed by the strengthened qualified digital signature through information system on the e-mail address: http://frap.fsrar.ru or through the Single portal.

40. In case of availability of the basis for refusal in acceptance of the notification, the stipulated in Item 24 presents of Administrative regulations, Federal Service for Alcohol Market Regulation electronically informs the applicant who provided the notification with indication of the reasons of discrepancy to requirements of the legislation of the Russian Federation.

41. In the absence of the basis for refusal in acceptance of the notification, the stipulated in Item 24 presents of Administrative regulations, the specialist of responsible division of Federal Service for Alcohol Market Regulation performs its acceptance and registration.

Registration of the notifications provided to Federal Service for Alcohol Market Regulation is performed by assignment by information system to the specified notifications of the entering number with indication of date of their obtaining by Federal Service for Alcohol Market Regulation.

42. In case of receipt in Federal Service for Alcohol Market Regulation of the notification in electronic form with use of information and telecommunication networks public, including Internet networks, including the Single portal, confirmation about receipt of the notification is performed by change of the status of the notification in information system.

Introduction of information containing in the notification into the federal register of alcoholic products

43. The notification contains the following information <1>:

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<1> According to Item 6 of the Regulations on submission of notifications on the beginning of the turnover in the territory of the Russian Federation alcoholic products approved by the order of the Government of the Russian Federation of June 5, 2013 No. 474.

1) the full and abbreviated name of the organization, the agricultural producer who provided the notification and also the producer of alcoholic products, their location and identification taxpayer number (for the organizations and agricultural producers);

2) date of the first delivery (it is specified according to the delivery agreement);

3) the name of alcoholic products (the word or group of words appropriated by the producer and intended for designation of alcoholic products under which it is put into circulation, and also the type of alcoholic products determined according to article 2 of the Federal Law No. 171-FZ, and data on the trademark (in the presence) are specified;

4) description of characteristics and properties of alcoholic products: the data identifying alcoholic products (the commodity code according to the single Commodity nomenclature of foreign economic activity of the Customs union - for the organizations performing import of alcoholic products to the territory of the Russian Federation including from the territories of state members of the Customs union, or commodity code according to the All-Russian Product Classifier - for the organizations, the agricultural producers performing delivery of the alcoholic products made in the territory of the Russian Federation is specified);

structure of alcoholic products (are specified the list of components of alcoholic products (for wine drinks, beer and beer drinks - shares (percent) of the used components at the time of production of alcoholic products) and content of ethyl alcohol (percent) (for wines and fruit wines - the range of content of ethyl alcohol);

expiration date of alcoholic products (the expiration date established by the producer of alcoholic products is specified this type of alcoholic products);

5) the description of engineering procedure of production of alcoholic products and production supervision (the name and details of documents according to which alcoholic products, including national or international standards and other technical documentation are made are specified);

6) storage conditions of alcoholic products:

temperature (degrees Celsius);

humidity (relative humidity, percent);

7) conditions of transportation of alcoholic products;

8) sales terms of alcoholic products;

9) conditions of utilization of alcoholic products;

10) description of marking of alcoholic products;

11) other data on alcoholic products (at the discretion of the organization, agricultural producer).

44. Information on alcoholic products of certain name containing in the notification is entered in the federal register of alcoholic products within 5 working days from the date of submission of the notification to Federal Service for Alcohol Market Regulation <1>.

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<1> According to Item 13 of the Regulations on submission of notifications on the beginning of the turnover in the territory of the Russian Federation alcoholic products approved by the order of the Government of the Russian Federation of June 5, 2013 No. 474.

IV. Forms of control of execution of Administrative regulations

Procedure of the current control of observance and execution by responsible officials of Federal Service for Alcohol Market Regulation of provisions of Administrative regulations and other regulatory legal acts establishing requirements to provision of the state service and also adoption of decisions by them

45. The current control of observance and execution by officials of these Administrative regulations, other regulatory legal acts establishing requirements to provision of the state service and also of decision making of Federal Service for Alcohol Market Regulation is performed by the officials of Federal Service for Alcohol Market Regulation designated by the head (deputy manager) of Federal Service for Alcohol Market Regulation.

46. The current control is exercised by carrying out by the officials Federal Service for Alcohol Market Regulation responsible for the organization of work on provision of the state service, the checks of observance and execution of provisions of Administrative regulations and other regulatory legal acts establishing requirements to provision of the state service and based on data of the federal register of alcoholic products.

Procedure and frequency of implementation of scheduled and unscheduled inspections of completeness and quality of provision of the state service, including procedure and forms of control of completeness and quality of provision of the state service

47. For the purpose of control of respect for the sequence of the actions determined by ministerial procedures for provision of the state service, and decision making, behind completeness and quality of provision of the state service Federal Service for Alcohol Market Regulation can carry out scheduled and unscheduled inspections of structural divisions of Federal Service for Alcohol Market Regulation.

Considerations, decision making and preparation of answers to addresses of the applicants containing claims to decisions, actions (failure to act) of officials of Federal Service for Alcohol Market Regulation are performed for the purpose of identification and elimination of violations of the rights of applicants.

Checks of procedure for execution of these Administrative regulations are performed based on orders of Federal Service for Alcohol Market Regulation.

Scheduled inspections of procedure for execution of these Administrative regulations are performed based on work plans of Federal Service for Alcohol Market Regulation.

Unscheduled inspection is appointed in the presence of the good causes specifying violations of these Administrative regulations and legislation of the Russian Federation regarding provision of the state service.

48. When conducting check all questions connected with provision of the state service or the single question connected with provision of the state service can be considered. Also can be performed according to the specific address of the applicant.

49. When conducting check information provided by citizens, their associations and the organizations can be used.

50. For conducting checks the commission which structure joins federal government civil servants of structural divisions of Federal Service for Alcohol Market Regulation is created.

51. Activities of the commission are performed in accordance with the legislation of the Russian Federation and orders of Federal Service for Alcohol Market Regulation.

52. Results of check are drawn up in writing by the act in which the revealed shortcomings and violations are noted.

Responsibility of officials of Federal Service for Alcohol Market Regulation for the decisions and actions (failure to act) taken (performed) by them during provision of the state service

53. The specialist of responsible division of Federal Service for Alcohol Market Regulation bears the personal responsibility for adherence to deadlines and procedure for execution of ministerial procedures (actions).

54. The personal responsibility of officials of Federal Service for Alcohol Market Regulation for accomplishment of the administrative actions which are part of ministerial procedures of provision of the state service is determined in their official regulations according to requirements of the labor law of the Russian Federation.

Requirements to procedure and forms of control of provision of the state service, including from citizens, their associations and the organizations

55. Control of provision of the state service, including from citizens, their associations and the organizations, is performed by means of openness of activities of Federal Service for Alcohol Market Regulation by provision of the state service, receipt of complete, up-to-date and reliable information about procedure for provision of the state service and possibility of pre-judicial consideration of claims in the course of receipt of the state service.

V. Pre-judicial (extrajudicial) procedure for appeal of decisions and actions (failure to act) of Federal Service for Alcohol Market Regulation, and also officials of Federal Service for Alcohol Market Regulation

Information for the applicant on its right to make the complaint to the decision and (or) action (failure to act) of federal executive body and (or) its officials

56. The applicant can address with the claim to actions (failure to act) and the decisions made during provision of the state service.

57. The basis for pre-judicial (extrajudicial) appeal is receipt of the claim in Federal Service for Alcohol Market Regulation.

Subject of the claim

58. Subject of the claim is:

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

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

3) the requirement at the applicant of submission of documents and information or implementation of actions, representation or implementation of which is not provided by regulatory legal acts of the Russian Federation by provision of the state service;

4) refusal in documents acceptance which are provided by the regulatory legal acts of the Russian Federation governing the relations arising in connection with provision of the state service;

5) refusal in provision of the state service if the bases of refusal are not provided by the Federal Laws and these Administrative regulations;

6) 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;

7) refusal of Federal Service for Alcohol Market Regulation, the official of Federal Service for Alcohol Market Regulation 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.

Public authorities and claims authorized for consideration officials to whom the claim can be sent

59. The claim is submitted in Federal Service for Alcohol Market Regulation. Claims to the decisions made by the deputy manager of Federal Service for Alcohol Market Regulation are considered by the head of Federal Service for Alcohol Market Regulation. Claims to actions (failure to act) of executives in charge are considered by the deputy manager of Federal Service for Alcohol Market Regulation supervising the structural division of Federal Service for Alcohol Market Regulation responsible for provision of the state service.

Procedure for giving and consideration of the claim

60. The claim is submitted in writing, including in case of personal acceptance of the applicant, or in electronic form.

61. The complaint can be made by the applicant in electronic form by means of the official site of Federal Service for Alcohol Market Regulation or through the Single portal.

62. In case of submission of the claim in case of personal acceptance the applicant submits the document proving his identity.

63. The claim of the applicant shall contain the following information:

1) the name of the body providing the state service (Federal Service for Alcohol Market Regulation), surname, name, middle name of the official of Federal Service for Alcohol Market Regulation (in the presence of information), the decision and action (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 Federal Service for Alcohol Market Regulation, the official of Federal Service for Alcohol Market Regulation;

4) arguments based on which the applicant does not agree with the decision and action (failure to act) of Federal Service for Alcohol Market Regulation, the official of Federal Service for Alcohol Market Regulation. The documents (in the presence) confirming the applicant's arguments, or their copies can be submitted by the applicant.

Terms of consideration of the claim

64. The claim which arrived in Federal Service for Alcohol Market Regulation is subject to obligatory registration in day of its receipt. The claim is subject to consideration within 15 working days from the date of its registration, and in case of appeal of refusal of Federal Service for Alcohol Market Regulation, the official of Federal Service for Alcohol Market Regulation in documents acceptance at the applicant or in correction of the made typographical errors and mistakes or in case of appeal of violation of fixed term of such corrections - within 5 working days from the date of its registration.

List of the bases for suspension of consideration of the claim

65. The bases for suspension of consideration of the claim are not provided.

Result of consideration of the claim

66. By results of consideration of the claim Federal Service for Alcohol Market Regulation accepts one of the following decisions:

1) satisfies 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;

2) refuses grievance settlement.

67. 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.

Procedure for informing applicant on results of consideration of the claim

68. No later than the day following behind day of the decision making specified in Item 66 of these Administrative regulations, to the applicant the motivated answer about results of consideration of the claim in writing goes.

69. In the answer by results of consideration of the claim are specified:

1) the name of the body which is providing the state service (Federal Service for Alcohol Market Regulation), considered the claim, position, surname, name, middle name (in the presence) of his official who made the decision according to the claim;

2) number, date, the place of decision making, including the information about the official, the decision or action (failure to act) of which is appealed;

3) surname, name, middle name (the last - in the presence) or the name of the applicant;

4) the bases for decision making according to the claim;

5) the decision made according to the claim;

6) if the claim is acknowledged reasonable, - terms of elimination of the revealed violations, including term of provision of result of the state service;

7) data on procedure for appeal of the decision made according to the claim.

70. At the request of the applicant the answer by results of consideration of the claim can be provided no later than the day following behind day of decision making in electronic form.

71. Federal Service for Alcohol Market Regulation refuses grievance settlement in the following cases:

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

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

3) availability of the decision according to the claim made earlier on the same applicant and in the same subject of the claim.

72. Federal Service for Alcohol Market Regulation has the right to leave the claim without answer in the following cases:

1) 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;

2) 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.

Procedure for appeal of the decision according to the claim

73. The decision accepted according to Item 64 presents of Administrative regulations can be appealed judicially.

Applicant's right to receipt of information and documents necessary for reasons and consideration of the claim

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

75. By consideration of the claim the applicant has the right:

1) to submit additional documents and materials or to request their reclamation, including in electronic form;

2) to get acquainted with the documents and materials concerning consideration of the claim if it does not affect the right, freedoms and legitimate interests of other persons and if the specified documents and materials do not contain the data which are the state or protected by the Federal Law other secret;

3) to receive the written pertinent answer of the questions raised in the claim;

4) to address with the claim to the decision made according to the claim or to action (failure to act) in connection with consideration of the claim in administrative and (or) legal process in accordance with the legislation of the Russian Federation;

5) to file the application for revocation of the claim.

Methods of informing applicants on procedure for giving and consideration of the claim

76. Information on procedure for giving and consideration of the claim can be received by the following methods:

1) on the Internet on the Single portal;

2) by phones specified in Appendix No. 1 to these Administrative regulations.

Appendix №1

to Administrative regulations of provision by Federal Service for Alcohol Market Regulation of the state service in the acceptance of notifications on the beginning of turnover in the territory of the Russian Federation alcoholic products approved by the Order of Federal Service for Alcohol Market Regulation of October 31, 2014 No. 349

Location information, contact telephone numbers, address of the Internet portal of Federal Service for Alcohol Market Regulation

Federal Service for Alcohol Market Regulation

Address: Miusskaya Ploshchad, 3, p. 4, Moscow, 125993

Phone: +7 (495) 662-50-52

Internet portal address: http://www.fsrar.ru/.

Addresses and phones of service desks of interregional managements of Federal Service for Alcohol Market Regulation on federal districts

N	Interregional managements of Federal Service for Alcohol Market Regulation on federal districts	Index, postal address	Phones of service desk	E-mail
1.	Interregional management of Federal Service for Alcohol Market Regulation across Central Federal District	123022, Moscow, Ulitsa Bolshaya Dekabrskaya, 7, structure 3	(495) 531-62-76	info@cfo.fsrar.ru
2.	Interregional management of Federal Service for Alcohol Market Regulation across the Northwestern Federal District	191014, St. Petersburg, st. of Chekhov, 6, lit. A	(812) 401-53-83	info@szfo.fsrar.ru
3.	Interregional management of Federal Service for Alcohol Market Regulation across Siberian Federal District	630099, Novosibirsk, Ulitsa Oktyabrskaya, 52	(383) 231-14-11	info@sfo.fsrar.ru
4.	Interregional management of Federal Service for Alcohol Market Regulation across the Far Eastern Federal District	680000, Khabarovsk, Ulitsa Karl Marx, 86	(4212) 30-42-23	info@dfo.fsrar.ru
5.	Interregional management of Federal Service for Alcohol Market Regulation across the Volga Federal District	603104, Nizhny Novgorod, Ulitsa Nartova, 6, case 6, office No. 833	(831) 437-17-98	info@pfo.fsrar.ru
6.	Interregional management of Federal Service for Alcohol Market Regulation across the Ural Federal District	620144, Yekaterinburg, Ulitsa Bolshakova, 99a	(343) 295-11-71	info@urfo.fsrar.ru
7.	Interregional management of Federal Service for Alcohol Market Regulation across the Southern Federal District	344068, Rostov-on-Don, Pereulok Orenburgsky, 2a	(863) 231-25-15	info@ufo.fsrar.ru
8.	Interregional management of Federal Service for Alcohol Market Regulation across the North Caucasian Federal District	357600, Stavropol Krai, Yessentuki, Ulitsa Lenina, 3, box. 13	(87934) 5-29-29, 5-29-28	info@skfo.fsrar.ru
9.	Interregional management of Federal Service for Alcohol Market Regulation on the Crimean federal district	Simferopol, Ulitsa Kazanskaya, 29	+3 (80652) 54-38-58	info@kfo.fsrar.ru

 

Appendix № 2

to Administrative regulations of provision by Federal Service for Alcohol Market Regulation of the state service in the acceptance of notifications on the beginning of turnover in the territory of the Russian Federation alcoholic products approved by the Order of Federal Service for Alcohol Market Regulation of October 31, 2014 No. 349

Flowchart of provision by Federal Service for Alcohol Market Regulation of the state service in acceptance of notifications on the beginning of turnover in the territory of the Russian Federation alcoholic products

 

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info