ORDER OF THE MINISTRY OF LABOUR AND SOCIAL PROTECTION OF THE RUSSIAN FEDERATION

of July 8, 2016 No. 350n

About approval of Administrative regulations of provision by the Ministry of Labour and Social Protection of the Russian Federation of the state service in consideration of disagreements concerning conducting examination of quality of special assessment of working conditions, disagreement of workers, labor unions, their associations, other representatives by employees of representative bodies, employers, their associations, insurers, organizations which were carrying out special assessment of working conditions with results of examination of quality of special assessment of working conditions

According to part 4 of article 24 of the Federal Law of December 28, 2013 No. 426-FZ "About special assessment of working conditions" (The Russian Federation Code, 2013, No. 52, Art. 6991; 2016, No. 18, the Art. 2512), 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, Art. 4264; No. 49, Art. 6928; 2015, No. 1, Art. 67, 72; No. 10, Art. 1393; No. 29, Art. 4342, 4376; 2016, No. 7, the Art. 916), 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, 5, of the Art. 506) I order to No.:

Approve Administrative regulations of provision by the Ministry of Labour and Social Protection of the Russian Federation of the state service in consideration of disagreements concerning conducting examination of quality of special assessment of working conditions, disagreements of workers, labor unions, their associations, other representatives by employees of representative bodies, employers, their associations, insurers, organizations which were carrying out special assessment of working conditions with results of examination of quality of special assessment of working conditions according to appendix.

Appendix

to the Order of the Ministry of Labour and Social Protection of the Russian Federation of July 8, 2016 No. 350n

Administrative regulations of provision by the Ministry of Labour and Social Protection of the Russian Federation of the state service in consideration of disagreements concerning conducting examination of quality of special assessment of working conditions, disagreements of workers, labor unions, their associations, other representatives by employees of representative bodies, employers, their associations, insurers, organizations which were carrying out special assessment of working conditions with results of examination of quality of special assessment of working conditions

I. General provisions

Subject of regulation of Administrative regulations

1. The administrative regulations of provision by the Ministry of Labour and Social Protection of the Russian Federation of the state service in consideration of disagreements concerning conducting examination of quality of special assessment of working conditions, disagreements of workers, labor unions, their associations, other representatives by employees of representative bodies, employers, their associations, insurers, organizations which were carrying out special assessment of working conditions with results of examination of quality of special assessment of working conditions (further respectively - the Ministry, the state service, Administrative regulations) determine the standard, establish terms and the sequence of ministerial procedures of the Ministry by provision of the state service.

Circle of applicants

2. Applicants on receipt of the state service are workers, labor unions, their associations, other representatives by workers representative bodies, employers, their associations, the insurers, and also the organizations which were carrying out special assessment of working conditions, examinations of quality of special assessment of working conditions, discordant with results, and submitted in the Ministry the application, stipulated in Item 13 Administrative regulations (further respectively - the statement, the applicant).

Requirements to procedure for informing on provision of the state service

3. Information on provision of the state service is placed on the Internet (further - the Internet), on the official site of the Ministry on the Internet (further - the official site of the Ministry), in the federal state information system "Single Portal of the State and Municipal Services (Functions)" (further - the Single portal) to the address: www.gosuslugi.ru, at information stands in premises of the Ministry, is submitted with use of means of telephone, fax and electronic communication, by means of written explanations, on personal acceptance.

4. Information on the Ministry location, the e-mail address and the official site, the telephone number for enquiries and operating time is posted on the official site of the Ministry, in the federal state information system "Federal Register of the State Services (Functions)" (further - the federal register) and on the Single portal.

5. At the information stands established in premises of the Ministry in places, available to acquaintance, the official site of the Ministry take place:

a) Administrative regulations or extraction from it;

b) data on the postal address of the Ministry, e-mail address of the Ministry, official site of the Ministry, telephone numbers for enquiries of the Ministry;

c) working schedule of the Ministry;

d) procedure for receipt of consultations;

e) procedure for receipt of the state service;

e) procedure for informing applicants on the course of provision of the state service;

g) information about the officials of the Ministry responsible for provision of the state service.

5.1. On the Single portal information is placed about:

a) the exhaustive list of the documents necessary for provision of the state service, requirements to execution of the specified documents, and also the list of documents which the applicant has the right to provide on own initiative;

b) circle of applicants;

c) term of provision of the state service;

d) results of provision of the state service, procedure for submission of the document which is result of provision of the state service;

e) the amount of the state tax collected for provision of the state service or about its absence;

e) the exhaustive list of the bases for suspension or refusal in provision of the state service;

g) the applicant's right to pre-judicial (extrajudicial) appeal of actions (failure to act) and the decisions made (performed) during provision of the state service.

Information on the Single portal on procedure and terms of provision of the state service based on the data containing in the federal register is provided to the applicant free of charge.

The information access about terms and procedure for provision of the state service is performed without accomplishment by the applicant of any requirements, including without use of the software which installation on technical means of the applicant requires the conclusion of license or other agreement with the owner of the software providing collection of payment, registration or authorization of the applicant or provision of personal data by it.

6. On the questions connected with provision of the state service, applicants can address to the Ministry daily, except days off and holidays, according to the working schedule of the Ministry.

II. Standard of provision of the state service

Name of the state service

7. The name of the state service - the state service in consideration of disagreements concerning conducting examination of quality of special assessment of working conditions, disagreements of workers, labor unions, their associations, other representatives by employees of representative bodies, employers, their associations, insurers, organizations which were carrying out special assessment of working conditions with results of examination of quality of special assessment of working conditions (further - consideration of disagreements (disagreement)).

The name of the federal executive body providing the state service

8. Provision of the state service is performed by the Ministry.

Description of results of provision of the state service

9. The conclusion about consideration of disagreements (disagreement) obligatory to execution of disagreement (disagreement) by all parties is result of provision of the state service.

Term of provision of the state service

10. The term of provision of the state service cannot exceed 45 working days from the date of registration in the Ministry of the statement.

The term of consideration of the application can be prolonged to 90 working days in case of need:

the directions the Ministry of request to the applicant or in the executive body of the subject of the Russian Federation in the field of labor protection which was carrying out state examination of working conditions about submission of documents based on which state examination of working conditions for the purpose of quality evaluation of carrying out special assessment of working conditions is carried out (further - state examination);

carrying out researches (testing) and measurements of harmful and (or) dangerous factors of the production circle and labor process on workplaces of the employer concerning which state examination was carried out.

The list of the regulatory legal acts governing the relations arising in connection with provision of the state service with indication of their details and sources of official publication

11. The list of the regulatory legal acts regulating provision of the state service (with indication of their details and sources of official publication), is posted on the official site of the Ministry, in the federal register and on the Single portal.

The exhaustive list of the documents necessary according to regulatory legal acts for provision of the state service which are subject to representation by the applicant

12. For provision of the state service the applicant submits the application in the Ministry.

13. Are specified in the statement:

a) full name of the applicant - for legal entities; surname, name middle name (in the presence) - for physical persons;

b) postal address of the applicant, address of its e-mail (in the presence);

c) arguments based on which the applicant does not agree with the conclusion of state examination.

14. The applicant puts the copy of the conclusion of state examination to the statement.

15. The application is signed by the applicant and it is represented with the documents attached to it in the Ministry on paper personally the applicant or goes the mailing, or in electronic form through the Single portal.

In case of filing of application through the Single portal it shall be signed by the strengthened qualified digital signature.

15.1. Filing of application by the applicant through the Single portal is performed by means of filling of electronic request form on the Single portal without the need for additional giving of request in any other form.

On the Single portal models of filling of the electronic application form are placed.

15.2. Formatno-logichesky verification of the created statement is performed automatically after filling with the applicant of each of fields of the electronic application form. In case of identification of incorrectly filled field of the electronic application form the applicant is notified on nature of the revealed mistake and procedure for its elimination by means of the information message directly electronically of request.

15.3. When forming the statement to the applicant it is provided:

a) possibility of copying and preserving the statement and other documents specified in Items 12 and 14 of Administrative regulations and necessary for provision of the state service;

b) possibility of seal on paper copies of the electronic application form;

c) preserving the values which are earlier entered into the electronic application form at any time at the request of the applicant, including in case of errors of input and return for repeated input of values to the electronic application form;

d) filling of fields of the electronic application form prior to input of data by the applicant with use of the data placed in the federal state information system "Single System of Identification and Authentication in the Infrastructure Providing Information and Technological Interaction of the Information Systems Used for Provision of the State and Municipal Services Electronically" (further - single system of identification and authentication), and the data published on the Single portal in the part concerning the data which are absent in single system of identification and authentication;

e) opportunity to return on any of stages of filling of the electronic application form without loss of earlier entered information;

e) possibility of access for the applicant on the Single portal to the applications which are earlier submitted by it within at least one year, and also to partially created statements - within at least 3 months.

15.4. The created and signed statement and other documents specified in Items 12 and 14 of Administrative regulations necessary for provision of the state service, go to the Ministry by means of the Single portal.

The exhaustive list of the documents necessary according to regulatory legal acts for provision of the state service which are at the disposal of state bodies and which the applicant has the right to provide independently

16. For provision of the state service by the Ministry within interdepartmental interaction by means of interdepartmental request in need of executive bodies of the subjects of the Russian Federation in the field of labor protection who were carrying out state examination copies of documents based on which state examination was carried out can be requested.

17. The ministry has no right:

a) demand from applicants of submission of documents and information or implementation of actions, provision or implementation of which is not provided by the regulatory legal acts governing the relations arising in connection with provision of the state service;

b) demand from applicants of submission of documents, information, implementation of the actions provided by part 1 of article 7 of 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; 2018, No. 30, the Art. 4539) (further - the Federal Law of July 27, 2010 No. 210-FZ), except for the documents provided by part 6 of article 7 of the specified Federal Law;

c) refuse reception of an application and other documents necessary for provision of the state service if the statement and documents necessary for provision of the state service are submitted according to information on terms and procedure for provision of the state service published on the Single portal;

d) refuse provision of the state service if the statement and documents necessary for provision of the state service are submitted according to information on terms and procedure for provision of the state service published on the Single portal;

e) demand from the applicant of submission of documents and information, absence and (or) unauthenticity of which were not specified in case of initial refusal in reception of an application and the documents necessary for provision of the state service, or in provision of the state service, except for the following cases:

change of requirements of the regulatory legal acts concerning provision of the state service after the initial filing of application and documents necessary for provision of the state service;

availability of mistakes in the statement and documents necessary for provision of the state service submitted the applicant after initial refusal in reception of an application and the documents necessary for provision of the state service, or in provision of the state service and not included in the set of documents provided earlier;

expiration of documents or change of information after initial refusal in reception of an application and the documents necessary for provision of the state service, or in provision of the state service;

identification of documentary confirmed fact (signs) of wrong or illegal action (failure to act) of the official of the Ministry in case of initial refusal in reception of an application and the documents necessary for provision of the state service, or in provision of the state service what in writing signed by the director of the department of conditions and labor protection of the Ministry or its deputy according to distribution of powers the applicant is notified on, and also are apologized for the inconvenience.

18. The applicant has the right to submit independently to the Ministry documents (the copy of documents) which are requested by the Ministry within interdepartmental interaction according to Item 16 of Administrative regulations.

The exhaustive list of the bases for refusal in reception of an application and the documents necessary for or refusal in provision of the state service

19. The basis for refusal in reception of an application is:

a) submission by the applicant of the false documents or documents containing obviously false data;

b) absence in the statement of data, stipulated in Item 13 Administrative regulations;

c) absence stipulated in Item 14 Administrative regulations of the copy of the conclusion of state examination.

The refusal in consideration of the application on other bases is not allowed.

20. In the presence of the bases for refusal in consideration of the application it within 7 working days from the date of registration in the Ministry returns to the applicant.

After elimination of the circumstances which were the basis for refusal in consideration of the application according to subitems "b" and "v" of Item 19 of Administrative regulations, the applicant has the right to direct the application to the Ministry repeatedly.

Exhaustive list of the bases for suspension of provision of the state service

21. The basis for suspension of provision of the state service is need of receipt of documents based on which state examination according to Item 45 of Administrative regulations, and (or) need of carrying out researches (testing) and measurements of harmful and (or) dangerous factors of the production circle and labor process on workplaces of the employer concerning which state examination according to Item 48 of Administrative regulations was carried out was carried out.

In this case the term of provision of the state service can be prolonged, but no more than for 45 working days.

21.1. The bases for refusal in provision of the state service by the legislation of the Russian Federation are not provided.

The list of services which are necessary and obligatory for provision of the state service

22. The list of services which are necessary and obligatory for provision of the state service is not provided by the legislation of the Russian Federation.

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

23. The state fee for provision of the state service is not collected.

The maximum waiting time in queue in case of filing of application and the documents necessary for provision of the state service, and receipt of result of provision of the state service

24. The maximum waiting time in queue in case of filing of application and the documents necessary for provision of the state service, and receipt of result of provision of the state service constitutes 15 minutes.

Term and order of registration of the statement and documents necessary for provision of the state service, including electronically

25. Registration of a statement and the documents necessary for provision of the state service provided by the applicant personally is performed in day of their receipt in the Ministry.

26. Registration of a statement and the documents necessary for provision of the state service allocated by the applicant with use of funds of mail service is performed in day of their receipt in the Ministry.

27. Registration of a statement and the documents necessary for provision of the state service directed by the applicant in electronic form is performed in day of their receipt in Ministerstvobez of need of repeated submission of such paper documents by the applicant.

28. Registration of a statement and the documents necessary for provision of the state service, is performed by the official of Department of administration of the Ministry responsible for registration of correspondence (further - the official responsible for registration of correspondence).

29. In case of reception of an application and the documents necessary for the provision of the state service, on paper, provided by the applicant personally are dated the second copy of the application acceptance, surname of the official of Department of administration of the Ministry which adopted the statement.

Requirements to rooms in which the state service, to the waiting room, places for filling of the statement is provided, to information stands with models of their filling and the list of the documents necessary for provision of the state service, to placement and execution of visual, text and multimedia information on procedure for provision of such service, including to ensuring availability to disabled people of the specified objects in accordance with the legislation of the Russian Federation about social protection of disabled people

30. Acceptance of applicants is performed in specially equipped rooms.

31. Rooms for expectation and acceptance of applicants (further - rooms) shall correspond to conditions, comfortable for applicants and optimum for work of officials of the Ministry.

32. For the purpose of the organization of easy access of disabled people (including the disabled people using wheelchairs and seeing eye dogs) to the place of provision of the state service are provided to them:

1) conditions of easy access to object (the building, the room) in which the state service is provided;

2) possibility of independent movement on the territory in which objects are located (buildings, rooms), in which the state service, and also entrance to such objects and exit from them, landing in the vehicle and disembarkation from it, including with use of wheelchair is provided;

3) escort of the disabled people having permanent disorders of function of sight and independent movement;

4) proper placement of the equipment and the data carriers necessary for providing easy access of disabled people to objects (buildings, rooms) in which the state service, taking into account restrictions of their life activity is provided;

5) duplication of sound and visual information, necessary for disabled people, and also texts, signs and other text and graphical information the signs executed by relief and dot font of Braille;

6) admission of the signer and tiflosurdoperevodchik;

7) the admission of seeing eye dog on objects (buildings, rooms) in which the state service, in the presence of the document confirming its special training and issued in form and according to the procedure which are established by the order of the Ministry of Labour and Social Protection of the Russian Federation of June 22, 2015 No. 386n "About approval of the document form, the seeing eye dog confirming special training, and procedure for its issue" is provided;

8) rendering to disabled people the help in overcoming the barriers preventing receipt of the state service by them on an equal basis with other persons.

In case of impossibility to completely adapt object (the building, the room) taking into account need of the disabled person access to the place of provision of the state service or when it is possible is provided to the disabled person, its provision is provided at the place of residence of the disabled person or in the remote mode.

The procedure for providing conditions of availability to disabled people of objects and the provided services in the field of work, employment and social protection of the population, and also rendering by it at the same time necessary assistance is approved by the order of the Ministry of Labour and Social Protection of the Russian Federation of July 30, 2015 No. 527n.

33. Rooms are equipped with the information stands containing the data specified in Item 5 of Administrative regulations.

34. Workplaces of the officials of the Ministry responsible for provision of the state service shall be equipped with personal computers with access to information resources of the Ministry.

Indicators of availability and quality of the state service, including the number of interactions of the applicant with officials of the Ministry by provision of the state service and their duration, possibility of receipt of information on the course of provision of the state service, including with use of information and communication technologies, opportunity or impossibility of receipt of the state service in the multipurpose center of provision of the state and municipal services (including in full), by the exterritorial principle

35. Indicators of availability and quality of rendering the state service are:

a) satisfaction of applicants with quality of rendering the state service;

b) completeness, relevance and accuracy of the information about procedure for provision of the state service, including electronically;

c) visualization of forms of the placed information on procedure for provision of the state service;

d) adherence to deadlines of provision of the state service and terms of accomplishment of ministerial procedures by provision of the state service;

e) lack of reasonable complaints from applicants by results of provision of the state service;

e) availability of possibility of filing of application and the documents necessary for provision of the state service, in electronic form;

g) provision of possibility of receipt of information on the course of provision of the state service, including with use of information and communication technologies.

36. In case of the submission of the statement and documents necessary for provision of the state service, the applicant personally supposes single interaction of the official of the Ministry and the applicant.

The possibility of receipt of the state service in the multipurpose center of provision of the state and municipal services, and also by the exterritorial principle is not provided.

Opportunity to estimate availability and quality of the state service on the Single portal is provided to applicants

36.1. Accomplishment of the following actions electronically with use of the Single portal is provided to the applicant in case of receipt of the state service:

receipt of information on procedure and terms of provision of the state service;

pre-judicial (extrajudicial) appeal of decisions and actions (failure to act) of the Ministry, and also his officials.

Other requirements including considering features of provision of the state service electronically

37. For receipt of the state service applicants are given opportunity to submit the application and documents necessary for provision of the state service, in electronic form through the Single portal according to the procedure, provided by Items 15.1 - 15.4 Administrative regulations, with provision of possibility of automatic identification (numbering) of statements, uses of "personal account" for ensuring unambiguous and confidential delivery of intermediate messages to the applicant in electronic form.

The statement and documents necessary for provision of the state service sent to the Ministry in electronic form are drawn up and represented by the applicant according to requirements of orders of the Government of the Russian Federation of July 7, 2011 to No. 553 and of August 25, 2012 No. 852.

38. The possibility of receipt of information on the provided state service on the Internet, on the official site of the Ministry, on the Single portal, by phone, on personal acceptance is provided to applicants.

For the purpose of provision of the state service acceptance of applicants by appointment is performed.

Making an appointment is carried out by means of the Single portal.

The applicant is given record opportunity in any date and time, free for acceptance, within the schedule of acceptance of applicants established in the Ministry.

The ministry has no right to demand from the applicant of making of other actions, except passing of identification and authentication according to regulatory legal acts of the Russian Federation, specifying of the purpose of acceptance, and also provision of the data necessary for calculation of duration of time frame which needs to be reserved for acceptance.

Result of record of the applicant receipt by the applicant of the notification on record with indication of time and date of acceptance attends appointment.

39. In case of the direction of the statement and documents necessary for provision of the state service, in electronic form the possibility of the direction to applicants of the notifications in electronic form confirming their acceptance and registration is provided.

The digital signature facilities applied in case of submission of the statement by the applicant in the form of the electronic document shall be certified in accordance with the legislation of the Russian Federation.

According to the subitem "c" of Item 14 of Rules of development and approval of administrative regulations of provision of the state services approved by 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; 2017, No. 44, Art. 6523; 2018, No. 6, Art. 880; No. 25, Art. 3696; No. 36, Art. 5623; No. 46, of the Art. 7050), in case of determination of features of provision of the state service are electronically specified types of the digital signature which are allowed to use in case of the request for receipt of the state service, including taking into account the applicant's right - physical person to use the simple digital signature, according to Rules of determination of types of the digital signature which use is allowed in case of the request for receipt of the state and municipal services, approved by the order of the Government of the Russian Federation of June 25, 2012 No. 634 "About types of the digital signature which use is allowed in case of the request for receipt of the state and municipal services" (The Russian Federation Code, 2012, No. 27, Art. 3744; 2013, No. 45, Art. 5807; 2018, No. 36, Art. 5623).

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

Structure of ministerial procedures on representation of the state service

40. Provision of the state service provides the following ministerial procedures:

a) acceptance and registration of a statement and documents necessary for provision of the state service;

b) request of copies of documents based on which state examination (if necessary), within interdepartmental interaction in executive bodies of the subjects of the Russian Federation in the field of labor protection who were carrying out state examination is carried out;

c) consideration of the application and documents necessary for provision of the state service, and execution of the conclusion about consideration of disagreements (disagreement);

d) the direction (issue) to the applicant and executive body of the subject of the Russian Federation in the field of labor protection which conclusions of state examination it was disputed, the conclusions about consideration of disagreements (disagreement).

The paragraph of the sixth ceased to be valid according to the Order of the Ministry of Labour and Social Protection of the Russian Federation of 18.02.2019 No. 85n

41. In case of filing of application through the Single Ministry portal provides possibility of receipt by applicants of information on the course of provision of the state service in time, not exceeding one working day after completion of the corresponding ministerial procedure, on the e-mail address or with use of means of the Single portal at the choice of the applicant.

By provision of the state service electronically to the applicant goes:

the notification on acceptance and registration of a statement and other documents necessary for provision of the state service, according to Item 44 of Administrative regulations;

the notification on motivated refusal in provision of the state service according to Item 44.1 of Administrative regulations;

the notification on the beginning of the procedure of provision of the state service according to Item 44.1 of Administrative regulations;

the notification on opportunity to receive result of provision of the state service according to Item 51 of Administrative regulations.

Receipt of data on the course of accomplishment of the state function with use of the official site of the Ministry is not performed.

The sequence of accomplishment of ministerial procedures by provision of the state service.
Acceptance and registration of a statement and documents necessary for provision of the state service

42. The basis for ministerial procedure is receipt of the statement and the documents necessary for provision of the state service, in the Ministry.

The statement and documents necessary for provision of the state service can be provided by the applicant to the Ministry personally, are directed with use of means of mail service or in electronic form.

43. After the receipt of the statement and documents necessary for provision of the state service, the official responsible for registration of correspondence registers them.

44. The registered statements and documents necessary for provision of the state service go to the official of Department of conditions and labor protections of the Ministry, responsible for provision of the state service (further - the official responsible for provision of the state service).

In case of the direction of the statement and documents necessary for provision of the state service, in electronic form with use of the Single portal it arrives to the official responsible for provision of the state service who within one working day from the date of its receipt confirmation about obtaining directs to the applicant applications.

After adoption of the statement by the official responsible for provision of the state service, the status of the statement of the applicant in personal account on the Single portal it is updated to the status it "is accepted"

 44.1. In case of receipt of the statement electronically through the Single portal in the automatic mode formatno-logical control of the statement is exercised, availability of the bases for refusal in reception of an application specified in Item 19 of Administrative regulations with provision of information on availability of the bases for refusal to the official responsible for provision of the state service is checked, and also the following actions are performed:

in the presence of at least one of the bases for refusal the official responsible for provision of the state service, in case of receipt of documents to it in time, not exceeding the term of provision of the state service, prepares the letter on impossibility of provision of the state service;

in the absence of the bases for refusal the applicant is told the unique number assigned to the statement according to which information on the course of accomplishment of the specified statement will be provided to the applicant in appropriate section of the Single portal.

Request of copies of documents based on which state examination, within interdepartmental interaction in executive bodies of the subjects of the Russian Federation in the field of labor protection who were carrying out state examination is carried out

45. The official responsible for provision of the state service, if necessary, can request, including by means of use of single system of interdepartmental electronic interaction, the copy of documents based on which state examination, in executive bodies of the subjects of the Russian Federation in the field of labor protection who were carrying out state examination or at the employer is carried out.

46. In case of independent submission of documents by the applicant of copies based on which state examination is carried out the specified copies of documents within interdepartmental interaction are not requested.

Consideration of the application and documents necessary for provision of the state service, and execution of the conclusion about consideration of disagreements (disagreement)

47. For provision of the state service the official responsible for provision of the state service, after the receipt of the statement and documents necessary for provision of the state service, performs the following actions:

a) performs the data containing in the statement and documents necessary for provision of the state service regarding their compliance to the legislation of the Russian Federation;

b) determines availability or lack of the bases for refusal to the applicant in representation of service according to Item 19 of Administrative regulations;

c) determines by means of studying of structure of the documents which arrived with the statement need of carrying out researches (testing) and measurements of harmful and (or) dangerous factors of the production circle and labor process on workplaces of the employer concerning which state examination, or lack of such need was carried out;

d) draws up the draft of the conclusion about consideration of disagreements (disagreement) with indication of on need of carrying out on free basis of repeated examination of quality of special assessment of working conditions or about lack of legal basis for conducting such examination.

The term of consideration of the application shall not exceed 45 working days from the date of its registration.

48. Carrying out researches (testing) and measurements of harmful and (or) dangerous factors of the production circle and labor process on workplaces of the employer concerning which state examination of working conditions for the purpose of quality evaluation of carrying out special assessment of working conditions was carried out will be organized, if necessary, and is performed by the Ministry at the expense of means of the federal budget based on request of Department of conditions and labor protection with application of copies registered the statement and the documents necessary for provision of the state service, within accomplishment of the state task for the corresponding year by federal state budgetary institution "All-Russian Research Institute of Work" of the Ministry.

Results of researches (testing) and measurements are drawn up by protocols which form is stipulated in Item 17 Techniques of carrying out the special assessment of working conditions approved by the order of Ministry of Labor of Russia of January 24, 2014 No. 33n.

The official uses results of researches (testing) and measurements for the purpose of establishment of justification of the conclusions which are in prison of state examination.

49. The conclusion about consideration of disagreements (disagreement) is drawn up in triplicate, signed by the official (contractor) and affirms the director of the department of conditions and labor protections of the Ministry or its deputy according to distribution of powers.

In case of recognition of the conclusions which are in prison of state examination unreasonable in the conclusion about consideration of disagreements (disagreement) it is indicated the need of carrying out on free basis of repeated examination of quality of special assessment of working conditions.

In case of recognition of the conclusions which are in prison of state examination proved and absence by results of consideration of the application of legal basis for conducting repeated examination of quality of special assessment of working conditions the specified conclusion joins in the conclusion about consideration of disagreements (disagreement).

The conclusion about consideration of disagreements (disagreement) is obligatory to execution of disagreement (disagreement) by all parties.

The direction (issue) to the applicant and executive body of the subject of the Russian Federation in the field of labor protection which conclusion of state examination was disputed, the conclusions about consideration of disagreements (disagreement)

50. The basis for ministerial procedure is registration according to Item 49 of Administrative regulations of the conclusion about consideration of disagreements (disagreement).

The conclusion about consideration of disagreements (disagreement) with use of the Single portal is not provided.

51. The official responsible for provision of the state service, no later than 5 working days from signature date and approval of the conclusion about consideration of disagreements (disagreement) hands out one copy of the specified conclusion to the applicant (his plenipotentiary) or directs the mailing, and also places the notification on opportunity to receive the applicant result of provision of the state service on the Single portal.

The electronic copy of the conclusion about consideration of disagreements (disagreement) is published in the Federal state information system of accounting of results of carrying out special assessment of working conditions within 10 working days from signature date and approval of the conclusion about consideration of disagreements (disagreement).

The second copy of the conclusion about consideration of disagreements (disagreement), the statement and documents necessary for provision of the state service are stored in the Ministry.

The third copy of the conclusion about consideration of disagreements (disagreement) goes to executive body of the subject of the Russian Federation in the field of labor protection which conclusion of state examination was disputed.

51.1. By provision of the state service electronically to the applicant information, stipulated in Item 41 Administrative regulations goes.

Requirements to procedure for accomplishment of ministerial procedures

52. The statement and documents necessary for provision of the state service cannot be left without consideration or are considered with violation of term because of long absence (leave, business trip, disease) or dismissals of the official responsible for provision of the state service.

IV. Forms of control of execution of Administrative regulations

Procedure of the current control of observance and execution by officials of the Ministry of provisions of Administrative regulations

53. The current control and coordination of the sequence of the actions determined by ministerial procedures of Administrative regulations is performed by the officials of the Ministry responsible for provision of the state service.

54. Control of observance and execution of provisions of Administrative regulations by the officials responsible for provision of the state service is performed constantly by the director of the department of conditions and labor protections of the Ministry.

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

55. For the purpose of control of provision of the state service by the Ministry scheduled and unscheduled inspections of completeness and quality of provision of the state service are carried out (further - scheduled and unscheduled inspections).

56. The procedure and frequency of implementation of scheduled inspections is established by the Ministry.

57. Unscheduled inspections are carried out in connection with check of elimination of earlier revealed violations of Administrative regulations, and also in case of receipt of claims of applicants to the conclusion about consideration of disagreements (disagreement), and also on actions (failure to act) of the Ministry, his officials by provision of the state service (further - the claim).

58. Results of scheduled and unscheduled inspections are drawn up in the form of the act in which the revealed shortcomings and offers on their elimination are noted.

Responsibility of officials of the Ministry for the decisions and actions (failure to act) taken (performed) by them during provision of the state service

59. By results of the carried-out scheduled and unscheduled inspections in case of identification of violations of observance of provisions of Administrative regulations guilty officials of the Ministry bear the personal responsibility for decisions and the actions (failure to act) taken during provision of the state services.

60. The personal responsibility of the officials of the Ministry responsible for provision of the state service is enshrined in their official regulations.

The provisions characterizing requirements to procedure and forms of control of provision of the state service from applicants

61. Applicants have the right to exercise control of provision of the state service by the direction to the higher official of the Ministry of reasonable complaint with indication of the specific violations made by the officials of the Ministry responsible for provision of the state service.

V. Pre-judicial (extrajudicial) procedure for appeal of decisions and actions (failure to act) of the Ministry, and also his officials

Information for applicants on their right to pre-judicial (extrajudicial) appeal of actions (failure to act) and (or) the decisions made (performed) during provision of the state service

62. The applicant has the right to pre-judicial (extrajudicial) appeal of actions (failure to act) and (or) the decisions made (performed) during provision of the state service by the Ministry.

Information on methods and procedure for giving and consideration of the claim, the list of the regulatory legal acts regulating procedure for pre-judicial (extrajudicial) appeal of decisions and actions (failure to act) of the Ministry and also his officials, is posted on the official site of the Ministry, on the Single portal and in appropriate section of the federal register.

Public authorities and claims of person authorized for consideration to which the claim of the applicant in pre-judicial (extrajudicial) procedure can be sent

63. The claim is submitted in the Ministry in writing on paper or electronically.

Time of acceptance of claims matches with time of provision of the state services.

The claim in writing can be directed by mail.

In case of submission of the claim in case of personal acceptance the applicant submits the document proving his identity, in accordance with the legislation of the Russian Federation.

64. The complaint can be electronically made by the applicant by means of use:

a) official site of the Ministry;

b) Single portal.

65. In case of submission of the claim electronically the documents attached to the claim can be provided in the form of the electronic documents signed by the digital signature which type is stipulated by the legislation the Russian Federation at the same time submission of the identity document of the applicant it is not required.

66. Claims to the decisions signed by the director of the department of conditions and labor protections of the Ministry or its deputy according to distribution of powers are considered by the deputy minister of work and social protection of the Russian Federation according to distribution of obligations between management of the Ministry.

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

67. Informing applicants on procedure for giving and consideration of the claim is performed at information stands in places of provision of the state services, on the official site of the Ministry, the Single portal.

The list of the regulatory legal acts regulating procedure for pre-judicial (extrajudicial) appeal of decisions and actions (failure to act) of the Ministry and also his officials

68. The procedure of consideration of the claim is performed according to the following legislative and regulatory legal acts:

The Federal Law of July 27, 2010 No. 210-FZ;

the order of the Government of the Russian Federation of August 16, 2012 No. 840 "About 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, the state corporations given according to the Federal Laws authority on provision of the state services in the established field of activity and their officials, the organizations provided by part 1.1 of article 16 of the Federal law "About the Organization of Provision of the State and Municipal Services" and their workers, and also the multipurpose centers of provision of the state and municipal services and their workers" (The Russian Federation Code, 2012, No. 35, Art. 4829; 2014, No. 50, Art. 7113; 2015, No. 47, Art. 6596; 2016, No. 51, Art. 7370; 2017, No. 44, Art. 6523; 2018, No. 25, Art. 3696);

the order of the Government of the Russian Federation of November 20, 2012 No. 1198 "About the federal state information system providing process of pre-judicial (extrajudicial) appeal of the decisions and actions (failure to act) made by provision of the state and municipal services" (The Russian Federation Code, 2012, No. 48, Art. 6706; 2013, No. 52, Art. 7218; 2015, No. 2, Art. 518; 2018, No. 49, Art. 7600).

Appendix

to Administrative regulations of provision by the Ministry of Labour and Social Protection of the Russian Federation of the state service in consideration of disagreements concerning conducting examination of quality of special assessment of working conditions, disagreement of workers, labor unions, their associations, other representatives by employees of representative bodies, employers, their associations, insurers, organizations which were carrying out special assessment of working conditions with results of examination of quality of special assessment of working conditions, to No. 350n approved by the Order of the Ministry of Labour and Social Protection of the Russian Federation of July 8, 2016

Voided according to the Order of the Ministry of Labour and Social Protection of the Russian Federation of 18.02.2019 No. 85n

 

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