It is registered
Ministry of Justice
Russian Federation
of November 8, 2016 No. 44266
of September 12, 2016 No. 1281/16
About approval of administrative regulations of Federal Antimonopoly Service on provision of the state service in consideration of petitions of persons having intention to participate in competitive selection of capacity
For the purpose of implementation of the Federal Law of 26.03.2003 No. 35-FZ "About power industry" (The Russian Federation Code, 2003, No. 13, Art. 1177; 2004, No. 35, Art. 3607; 2005, No. 1 (part I), Art. 37; 2006, No. 52 (1 h), Art. 5498; 2007, No. 45, Art. 5427; 2008, No. 29, Art. 3418; No. 52 (h 1), Art. 6236; 2009, No. 48, Art. 5711; 2010, No. 11, Art. 1175; No. 31, Art. 4156; No. 31, Art. 4157; No. 31, Art. 4158; No. 31, Art. 4160; 2011, No. 1, Art. 13; No. 7, Art. 905; No. 11, Art. 1502; No. 23, Art. 3263; No. 30 (h 1), Art. 4590; No. 30 (h 1), Art. 4596; No. 50, Art. 7336; No. 50, Art. 7343; 2012, No. 26, Art. 3446; No. 27, Art. 3587; No. 53 (h 1), Art. 7616; 2013, No. 14, Art. 1643; No. 45, Art. 5797; No. 48, Art. 6165; 2014, No. 16, Art. 1840; No. 30 (Part I), Art. 4218; No. 42, Art. 5615; 2015, No. 1 (part I), Art. 19; No. 27, Art. 3951; No. 29 (part I), Art. 4350; No. 29 (part I), Art. 4359; No. 45, Art. 6208; 2016, No. 1 (part I), Art. 70; No. 14, Art. 1904; No. 26 (Part I), Art. 3865; No. 27 (Part I), the Art. 4201), the Federal Law of 27.07.2010 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; No. 27, Art. 3880; No. 29, Art. 4291; No. 30 (part I), Art. 4587; No. 49 (part V), Art. 7061; 2012, No. 31, Art. 4322; 2013, No. 14, Art. 1651; No. 27, Art. 3477; No. 27, Art. 3480; No. 30 (part I), Art. 4084; No. 51, Art. 6679; No. 52 (part I), Art. 6952; No. 52 (part I), Art. 6961; No. 52 (part I), Art. 7009; 2014, No. 26 (part I), Art. 3366; No. 30 (part I), Art. 4264; No. 49 (part VI), Art. 6928; 2015, No. 1 (part I), Art. 67; No. 1 (part I), Art. 72; No. 10, Art. 1393; No. 29 (part I), Art. 4342; No. 29 (part I), Art. 4376; 2016, No. 7, Art. 916; No. 27 (part II), the Art. 4293), orders of the Government of the Russian Federation of 16.05.2011 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 (part VI), Art. 7070; No. 52, Art. 7507; 2014, 5, of the Art. 506) I order to No.:
1. Approve the enclosed administrative regulations of Federal Antimonopoly Service on provision of the state service in consideration of petitions of persons having intention to participate in competitive selection of capacity.
2. I impose control of execution of this Order on the deputy manager of FAS Russia of Century. Korolyev.
Head
I.Yu.Artemyev
Appendix
to the Order of Federal Antimonopoly Service of the Russian Federation of September 12, 2016 No. 1281/16
Subject of regulation of these Administrative regulations
1. Subject of regulation of these regulations of Federal Antimonopoly Service (FAS Russia) of provision of the state service in consideration of petitions of persons having intention to participate in competitive selection of capacity (further - the petition) are the relations arising between FAS Russia and participants of the wholesale market of electrical energy (capacity) in connection with carrying out FAS Russia of competitive selections of capacity.
2. These regulations of Federal Antimonopoly Service (FAS Russia) (further - Regulations) determine terms and the sequence of ministerial procedures of FAS Russia, and also order of interaction of FAS Russia with the system operator, Market Council by provision of the state service in consideration of petitions, and also with participants of the wholesale market of electrical energy (capacity) by provision of the state service.
Circle of applicants
3. Applicants on provision of the state service are participants of the wholesale market of electrical energy (capacity) - the suppliers of electrical energy and capacity and the buyers of electrical energy and capacity who received the status of subjects of the wholesale market, signed agreements, obligatory for participants of the wholesale market, and made others necessary for implementation of trade in electrical energy and capacity in the wholesale market of action according to the Treaty of Accession to trade system of the wholesale market (further - subjects of the wholesale market of the electric power, business entities (group of persons)).
Requirements to procedure for informing on provision of the state service
4. Informing on procedure for provision of the state service performs FAS Russia.
4.1. Information on the procedure of provision of FAS Russia of the state service is provided:
by means of placement of information on procedure for provision of the state service on the official site of FAS Russia on the Internet (www.fas.gov.ru) (further - the official site of FAS Russia), and also in the federal state information system "Single Portal of the State and Municipal Services (Functions)" (www.gosuslugi.ru) (further - the portal of the state and municipal services (functions));
by means of telephone communication;
by means of placement of information at information stands of FAS Russia and in distributing information materials;
by means of the written address FULL FACE Russia.
5. FAS Russia location:
123995, Moscow, Ulitsa Sadovaya-Kudrinskaya, 11, D-242, GSP-3;
phone for reference, phone answerphone: 8 (499)-755-23-23;
fax: 8 (499)-755-23-24;
phone of responsible structural division of FAS Russia: 8 (499)-755-23-23 of ext. 403;
e-mail: delo@fas.gov.ru;
official site of FAS Russia: www.fas.gov.ru;
schedule (mode) of work of FAS Russia:
Monday - Thursday: 9.00 - 18:00;
Friday: 09.00 - 16.45;
lunch break: 12.00 - 12.45;
Saturday, Sunday, holidays - the days off.
6. The main requirements to informing on procedure for provision of the state service are:
reliability of the provided information;
completeness of informing;
convenience and availability of receipt of information;
efficiency of provision of information.
7. By phone the staff of FAS Russia provides information on the following questions:
- about the entering number at which the address in system of clerical work is registered;
- about regulatory legal acts based on which the FAS Russia provides the state service;
- about requirements to assurance of documents and data;
- about the location on the official site of FAS Russia, the portal of the state and municipal services (functions) of reference materials concerning provision of the state service.
8. The following information is posted on the official site of FAS Russia:
- name and postal address of FAS Russia;
- phone numbers on which it is possible to obtain necessary information;
- working schedule of FAS Russia;
- list of the documents necessary for receipt of the state service;
- excerpts from the legislative and other regulatory legal acts containing the regulations regulating activities for provision of the state service;
- the text of these Regulations with appendices.
9. At the information stand placed in public reception of FAS Russia the following information shall contain:
- the postal address of FAS Russia, the working schedule, phone numbers on which it is possible to obtain necessary information, the address of the official site and e-mail of FAS Russia, the address of the portal of the state and municipal services (functions);
- procedure for receipt of information on the procedure of provision of the state service;
- obligations of staff of FAS Russia in case of the response to phone calls and written addresses.
Name of the state service
10. The state service in consideration of petitions of persons having intention to participate in competitive selection of capacity.
The name of the federal executive body providing the state service
11. The state service is provided by FAS Russia.
12. Other federal executive bodies, bodies of state non-budgetary funds, executive bodies of subjects of the Russian Federation, local government bodies and the organizations do not take part in provision of the state service.
13. By provision of the state service of FAS Russia has no right to demand from the applicant of implementation of actions the, including approvals necessary for receipt of the state service and connected with the appeal to other state bodies, local government bodies, the organizations.
Description of result of provision of the state service
14. Is result of provision of the state service:
a) issue to business entities (group of persons) of the decision on approval of participation in competitive selection;
b) issue to business entities (group of persons) of the instruction establishing conditions or restrictions of participation in competitive selection of capacity.
The term of provision of the state service, term of issue (direction) of the documents which are result of provision of the state service
15. The petition which arrived FULL FACE Russia is subject to consideration in time, not exceeding 27 calendar days from the date of its receipt.
In need of receipt of explanations according to the documents and data specified in Item 18 of this Regulations submitted by business entities (group of persons), the FAS Russia has the right before the expiration of the petition of term established for consideration, but no later than 10 calendar days from the date of receipt of the petition, to send to business entities (group of persons) inquiry for need of provision of such explanations.
Decisions and instructions according to petitions go federal antimonopoly authority to business entities (group of persons) no later than 3 calendar days about day of the termination of submission due date of price requests for competitive selection of capacity.
Issue (direction) of the documents which are result of consideration of the petition is performed in time, not exceeding 27 calendar days from the date of receipt of the petition FULL FACE Russia.
16. Receipt date of the petition is its registration date FULL FACE of Russia.
The list of the regulatory legal acts governing the relations arising in connection with provision of the state service
17. The relations arising in connection with provision of the state service are regulated by the following regulatory legal acts:
The Federal Law of 26.03.2003 No. 35-FZ "About power industry" (further - the Law on power industry) (The Russian Federation Code, 2003, No. 13, Art. 1177; 2004, No. 35, Art. 3607; 2005, No. 1 (part I), Art. 37; 2006, No. 52 (1 h), Art. 5498; 2007, No. 45, Art. 5427; 2008, No. 29, Art. 3418; No. 52 (h 1), Art. 6236; 2009, No. 48, Art. 5711; 2010, No. 11, Art. 1175; No. 31, Art. 4156; No. 31, Art. 4157; No. 31, Art. 4158; No. 31, Art. 4160; 2011, No. 1, Art. 13; No. 7, Art. 905; No. 11, Art. 1502; No. 23, Art. 3263; No. 30 (h 1), Art. 4590; No. 30 (h 1), Art. 4596; No. 50, Art. 7336; No. 50, Art. 7343; 2012, No. 26, Art. 3446; No. 27, Art. 3587; No. 53 (h 1), Art. 7616; 2013, No. 14, Art. 1643; No. 45, Art. 5797; No. 48, Art. 6165; 2014, No. 16, Art. 1840; No. 30 (Part I), Art. 4218; No. 42, Art. 5615; 2015, No. 1 (part I), Art. 19; No. 27, Art. 3951; No. 29 (part I), Art. 4350; No. 29 (part I), Art. 4359; No. 45, Art. 6208; 2016, No. 1 (part I), Art. 70; No. 14, Art. 1904; No. 26 (Part I), Art. 3865; No. 27 (Part I), Art. 4201);
The Federal Law of 27.07.2010 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; No. 27, Art. 3880; No. 29, Art. 4291; No. 30 (part I), Art. 4587; No. 49 (part V), Art. 7061; 2012, No. 31, Art. 4322; 2013, No. 14, Art. 1651; No. 27, Art. 3477; No. 27, Art. 3480; No. 30 (part I), Art. 4084; No. 51, Art. 6679; No. 52 (part I), Art. 6952; No. 52 (part I), Art. 6961; No. 52 (part I), Art. 7009; 2014, No. 26 (part I), Art. 3366; No. 30 (part I), Art. 4264; No. 49 (part VI), Art. 6928; 2015, No. 1 (part I), Art. 67; No. 1 (part I), Art. 72; No. 10, Art. 1393; No. 29 (part I), Art. 4342; No. 29 (part I), Art. 4376; 2016, No. 7, Art. 916; No. 27 (part II), Art. 4293);
The Federal Law of 26.07.2006 No. 135-FZ "About protection of the competition" (further - the Marine life protection act of the competition) (The Russian Federation Code, 2006, No. 31 (1 h), Art. 3434; 2007, No. 49, Art. 6079; 2008, No. 18, Art. 1941; No. 27, Art. 3126; No. 45, Art. 5141; 2009, No. 29, Art. 3601; No. 29, Art. 3610; No. 52 (1 h), Art. 6450; No. 52 (1 h), Art. 6455; 2010, No. 15, Art. 1736; No. 19, Art. 2291; No. 49, Art. 6409; 2011, No. 10, Art. 1281; No. 27, Art. 3873; No. 27, Art. 3880; No. 29, Art. 4291; No. 30 (p. I), Art. 4590; No. 48, Art. 6728; No. 50, Art. 7343; 2012, No. 31, Art. 4334; No. 53 (h 1), Art. 7643; 2013, No. 27, Art. 3436; No. 27, Art. 3477; No. 30 (Part I), Art. 4084; No. 44, Art. 5633; No. 51, Art. 6695; №52, of Art. 6961; No. 52, Art. 6988; 2014, No. 23, Art. 2928; No. 30 (Part I), Art. 4266; 2015, No. 27, Art. 3947; No. 29 (part I), Art. 4339; No. 29 (part I), Art. 4342; No. 29 (part I), Art. 4350; No. 29 (part I), Art. 4376; No. 41 (part I), Art. 5629; 2016, No. 27 (Part I), Art. 4197);
the order of the Government of the Russian Federation of 30.06.2004 No. 331 "About approval of the Regulations on Federal Antimonopoly Service" (The Russian Federation Code, 2004, No. 31, Art. 3259; 2006, No. 45, Art. 4706; No. 49 (p. II), Art. 5223; 2007, No. 7, Art. 903; 2008, No. 13, Art. 1316; No. 44, Art. 5089; No. 46, Art. 5337; 2009, No. 2, Art. 248; No. 3, Art. 378; No. 39, Art. 4613; 2010, No. 9, Art. 960; No. 25, Art. 3181; No. 26, Art. 3350; 2011, No. 14, Art. 1935; No. 18, Art. 2645; No. 44, Art. 6269; 2012, No. 27, Art. 3741; No. 39, Art. 5283; No. 52, Art. 7518; 2013, No. 35, Art. 4514; No. 36, Art. 4578; No. 45, Art. 5822; 2014, No. 35, Art. 4774; 2015, No. 1 (part II), Art. 279; No. 10, Art. 1543; No. 37, Art. 5153; No. 44, Art. 6133; No. 49, Art. 6994; 2016, No. 1 (part II), Art. 239; No. 28, Art. 4741);
the order of the Government of the Russian Federation of 17.12.2013 No. 1164 "About approval of Rules of implementation of anti-monopoly regulation and control in power industry" (further - Rules of anti-monopoly control) (The Russian Federation Code, 2013, No. 51, Art. 6874; 2014, No. 34, Art. 4677; 2015, No. 36, Art. 5034);
the order of the Government of the Russian Federation of 27.12.2010 No. 1172 "About approval of Rules of the wholesale market of electrical energy and capacity and about introduction of amendments to some acts of the Government of the Russian Federation concerning the organization of functioning of the wholesale market of electrical energy and capacity" (The Russian Federation Code, 2011, No. 14, Art. 1916; No. 42, Art. 5919; 2012, No. 4, Art. 504; No. 4, Art. 505; No. 20, Art. 2539; No. 23, Art. 3008; No. 28, Art. 3906; No. 44, Art. 6022; 2013, No. 1, Art. 68; No. 6, Art. 565; No. 8, Art. 825; No. 22, Art. 2817; No. 23, Art. 2909; No. 31, Art. 4234; No. 35, Art. 4528; 2014, No. 9, Art. 908; No. 19, Art. 2414; No. 23, Art. 2994; No. 34, Art. 4677; No. 35, Art. 4769; 2015, No. 2, Art. 477; No. 5, Art. 827; No. 9, Art. 1324; No. 10, Art. 1540; No. 20, Art. 2924; No. 36, Art. 5034; No. 37, Art. 5153; No. 43, Art. 5975; No. 44, Art. 6132; No. 45, Art. 6256; No. 46, Art. 6394; 2016, No. 2 (part I), Art. 329; No. 2 (part I), Art. 395; No. 10, Art. 1422; No. 19, Art. 2701; No. 22, Art. 3212; No. 26 (Part II), Art. 4067);
the order of the Government of the Russian Federation of 16.05.2011 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 (part VI), Art. 7070; No. 52, Art. 7507; 2014, No. 5, Art. 506).
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, methods of their obtaining by the applicant, including electronically, procedure for their representation
18. The petition moves FULL FACE Russia in a free form with application of documents and the data provided by Items 9 and 10 of Rules of anti-monopoly control:
a) the copies of its constituent documents certified by the subject of the wholesale market;
b) data on technical parameters of the generating equipment declared for participation in competitive selection of capacity;
c) the list of the commercial organizations, of more than 5 percent of shares (share) of which business entity disposes on any basis, or the statement in writing that the business entity does not dispose of shares (shares) of the commercial organizations;
d) the list of persons entering into one group with indication of the bases on which such persons enter into this group;
e) the amount and delivery price of capacity planned to the statement for the purpose of participation in competitive selection of capacity concerning each generating equipment;
e) type of the used main fuel or the energy carrier, and also type of reserve fuel (in case of its availability);
g) the specific fuel consumptions approved for use in the condensation and heating modes;
h) the location of the generating object (or the planned location of the generating object) with indication of zone of free overflow and point of accession (expected accession) to power networks;
i) the planned dates of input of the generating object in operation or conclusion from operation if these dates fall on the period of delivery of capacity for the specified competitive selection of capacity.
In the petition the name of business entity (group of persons), its details, types of activity performed by business entity (group of persons), with use belonging to it on the property right or on other legal cause of the generating objects are specified.
The exhaustive list of the documents necessary according to regulatory legal acts for provision of the state service which are at the disposal of the state bodies, local government bodies and other bodies participating in provision of the state service and which the applicant has the right to provide, and also methods of their obtaining by applicants, including electronically, procedure for their representation
19. Provision of the state service does not require other documents which are at the disposal of state bodies, local government bodies and other bodies.
Instruction on requirement prohibition from the applicant of provision of documents and information or implementation of the actions provided by Items 1 and 2 of 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"
20. By provision of the state service it is forbidden to demand from the applicant:
- submission of documents and information or implementation of actions, representation or implementation of which is not provided by the regulatory legal acts of the Russian Federation governing the relations arising in connection with provision of the state service;
- submissions of documents and information which 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 or municipal services, except for documents, specified in part 6 of article 7 of the Federal Law of 27.07.2010 No. 210-FZ "About the organization of provision of the state and municipal services".
The exhaustive list of the bases for refusal in documents acceptance, necessary for provision of the state service
21. The bases for refusal in documents acceptance, necessary for provision of the state service, no.
The exhaustive list of the bases for suspension or refusal in provision of the state service
22. The bases for suspension of provision of FAS Russia of the state service are absent.
23. The bases for refusal in provision of FAS Russia of the state service are absent.
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
24. Provision of other services which are necessary and obligatory for provision of the state service is not provided.
Procedure, the size and the bases of collection of the state fee or other payment levied for provision of the state service
25. The state service is provided without collection of the state fee or other payment.
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
26. The state service is provided without collection of payment for provision of services which are necessary and obligatory for provision of the state service.
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
27. The maximum term of expectation in queue when giving request about provision of the state service and receipt of result of provision of the state service constitutes no more than 15 minutes.
The term and order of registration of request of the applicant about provision of the state service, including electronically
28. The request about provision of the state service is registered in day of its receipt FULL FACE of Russia.
29. Registration of request of the applicant about provision of the state service is performed by Administration of FAS Russia.
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
30. The rooms intended for acquaintance of applicants with information materials are equipped with information stands.
Places of expectation in queue on provision or receipt of documents, places for filling of documents are equipped with chairs, tables (racks) and provided with models of filling of documents, office supplies.
Additional requirements to placement and registration of rooms, placement and execution of visual, text and multimedia information, the equipment of places of expectation, parking spaces, places for informing applicants, receipt of information and filling of necessary documents, are not shown to places of expectation of applicants and their acceptance.
Indicators of availability and quality of the state service, including the number of interactions of the applicant with officials by provision of the state service and their duration, possibility of receipt of the state service in the multipurpose center of provision of the state and municipal services, possibility of receipt of information on the course of provision of the state service, including with use of information and communication technologies
31. Indicators of availability and quality of provision of the state service are:
- availability necessary and enough specialists, and also rooms in which documents acceptance, issue of the documents to the applicant, for the purpose of observance established by these Regulations of terms of provision of the state service is performed;
- availability of complete and exhaustive information about the methods, terms, documents necessary for provision of the state service, on the official site of FAS Russia, the portal of the state and municipal services (functions), information stands of FAS Russia, in distributing information materials;
- availability at the applicant of possibility of giving of request about provision of the state service electronically with use of information and technological and communication infrastructure, including the portal of the state and municipal services (functions);
- availability at the applicant of possibility of receipt of data on the course of provision of the state service with use of information and technological and communication infrastructure, including the portal of the state and municipal services (functions);
- lack of reasonable complaints of applicants about actions (failure to act) of the officials of FAS Russia providing the state service;
- lack of violation of terms in the course of provision of the state service;
- lack of court resolutions about recognition illegal FAS Russia's decisions.
Other requirements including considering features of provision of the state service in the multipurpose centers of provision of the state and municipal services and feature of provision of the state service electronically
32. The state service of the state and municipal services is not rendered in the multipurpose centers of provision.
33. In case of the direction of the petition electronically with use of the portal of the state and municipal services (functions) the possibility of copying and filling electronically of the petition, and also receipts of information on the course of provision of the state service is provided to the applicant.
34. Provision of the state service includes the following ministerial procedures:
- acceptance and registration of the petition, the documents attached to it;
- consideration of the petition;
- receipt by the applicant of data on the course of consideration of the petition;
- acceptance and execution of the decision;
- issue of the decision by results of consideration of the petition.
Acceptance and registration of the petition, the documents attached to it
35. The basis for ministerial procedures on consideration of the petition is its receipt and registration FULL FACE of Russia.
36. The applicant has the right to provide the petition and documents attached to it personally, the mailing with the inventory of investment, with use of the portal of the state and municipal services (functions).
37. The petition directed through the portal of the state and municipal services (functions) is submitted in electronic form.
The petition provided on paper is filled in in any form.
38. In case of submission of the petition in writing the documents attached to it are submitted on paper, certified by the sign and seal of the applicant.
39. The petition, the documents attached to it are submitted in Russian. If originals of documents are constituted in foreign language, copies of documents are represented with certified translation into Russian with putting down of apostille of competent authority of the state in which these documents were constituted.
40. Information, component the state, commercial, office, protected by the law other secret received by FAS Russia is not subject to disclosure, except as specified, established by the legislation of the Russian Federation.
41. The employee of antimonopoly authority registers the petition:
- on the same day, if it arrived by mail the registered mail;
- without delay, in the presence of the applicant if the petition is provided to them personally;
- on the same day, if the petition arrived through the portal of the state and municipal services (functions).
42. The registered petition within 1 calendar day goes to the structural division of FAS Russia responsible for consideration of petitions in the field of power industry (further - responsible structural division).
Consideration of the petition
43. The chief (deputy chief) of responsible structural division within 1 calendar day appoints the executive in charge according to job responsibilities (further - the contractor).
44. The contractor in time no more than 10 calendar days from the moment of registration of the petition FULL FACE of Russia checks:
- availability of the documents and data specified in Item 18 of these Regulations;
- the fact of observance (non-compliance) by the applicant of the anti-monopoly control of term of submission of the petition specified in Item 9 of Rules.
45. In case of submission of the incomplete list of data and (or) the documents submitted by the applicant according to requirements of Item 18 of these Regulations, the contractor within 10 calendar days from the moment of receipt of the petition prepares to the applicant the project of information request about submission of necessary data and (or) documents. Preparation of FAS Russia of such requests is performed according to part 1 of Article 25 of the Marine life protection act of the competition.
Receipt by the applicant of data on the course of consideration of the petition
46. Information on the course of consideration of the petition is provided to the applicant by the staff of FAS Russia by phone, on personal acceptance, is posted on the official site of FAS Russia and on the portal of the state and municipal services (functions).
Acceptance and execution of the decision
47. By results of consideration of the petition the contractor performs preparation of the report containing information on the actions which are subject to the state control, analysis results and estimates of condition of competitive environment, conclusions about need of adoption of relevant decisions by results of consideration of the petition (further - the report).
The contractor sends the report and the draft decision by results of consideration of the petition for consideration and for the signature to the deputy manager of FAS Russia supervising responsible structural division.
48. The deputy manager of FAS Russia considers and signs the report with the draft decision by results of consideration of the petition within 2 working days.
Issue of the decision by results of consideration of the petition
49. The decision signed by the deputy manager of FAS Russia by results of consideration of the petition is registered Administration of FAS Russia within 1 calendar day.
50. The registered decision by results of consideration of the petition goes within 1 calendar day to the applicant in writing the registered mail or is handed to the applicant according to its written application.
51. In case of receipt of the petition electronically through the portal of the state and municipal services (functions), the decision by results of consideration of the petition it is sent in the electronic form to the e-mail address specified in the petition.
Procedure of the current control of observance and execution by responsible officials of provisions of regulations and other regulatory legal acts establishing requirements to provision of the state service and also adoption of decisions by them
52. The FAS Russia will organize and exercises control of observance and execution by responsible officials of FAS Russia of provisions of these Regulations and other regulatory legal acts establishing requirements to provision of the state service and also adoption of decisions by them.
53. The current control of observance and execution of the requirements established for provision of the state service is performed according to the procedure, established by these Regulations and orders of FAS Russia, and also includes conducting checks of completeness and quality of provision of the state service, observance of procedure for execution of the state service, identification and elimination of violations, consideration of requests of applicants, decision making according to claims to actions (failure to act) of FAS Russia (officials of FAS Russia).
54. The current control of observance and execution of the requirements established for provision of the state service by officials of FAS Russia within the established competence is performed by the chief of responsible structural division, the deputy manager of FAS Russia supervising responsible structural division and the Head of FAS Russia.
55. The current control of observance of procedure for making of the actions determined by ministerial procedures by provision of the state service, and decision making, provided by these Regulations is performed by officials of FAS Russia by holding weekly meetings, and also approval (vising) of drafts of the decisions adopted when implementing of ministerial procedures.
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
56. Form of control of completeness and quality of provision by officials of FAS Russia of the state service is implementation of FAS Russia of scheduled and unscheduled inspections.
57. The purpose of carrying out scheduled and unscheduled inspections is observance and provision by officials of FAS Russia of the state service, including timeliness and completeness of consideration of addresses of applicants, justification and legality of adoption of decisions on them.
58. Unscheduled inspections of completeness and quality of provision of the state service are carried out by structural division of FAS Russia at the request of the Head of FAS Russia based on the arrived claims to actions (failure to act) of officials of FAS Russia.
Responsibility of officials of FAS Russia for the decisions and actions (failure to act) taken (performed) by them during provision of the state service
59. Officials of FAS Russia bear the personal responsibility for decisions and the actions (failure to act) taken (performed) by them during provision of the state service, according to the procedure, established by the legislation of the Russian Federation on the public civil service.
Requirements to procedure and forms of control of provision of the state service, including from citizens, their associations and the organizations
60. Citizens, their associations and the organization in case of violation of Regulations have the right to address with the claim FAS of Russia.
The claim can be provided on the personal acceptance performed by officials of FAS Russia, the mailing with the inventory of investment, electronically with use of the portal of the state and municipal services (functions).
Information for the applicant on its right to make the complaint to the decision and (or) actions (failure to act) of FAS Russia and (or) officials of FAS Russia
61. The applicant has the right to appeal actions (failure to act) of FAS Russia, action (failure to act) of officials of FAS Russia and the decisions made (performed) by them during provision of the state service in pre-judicial (extrajudicial) procedure.
Subject of the claim
62. The applicant has the right to address FAS Russia with the claim in the following cases:
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 the documents which are not provided by regulatory legal acts of the Russian Federation, regulatory legal acts of subjects of the Russian Federation, municipal legal acts for provision of the state service;
4) refusal in documents acceptance which are provided by regulatory legal acts of the Russian Federation, regulatory legal acts of subjects of the Russian Federation, municipal legal acts for provision of the state service, at the applicant;
5) refusal in provision of the state service if the bases of refusal are not provided by the Federal Laws and other regulatory legal acts of the Russian Federation, regulatory legal acts of subjects of the Russian Federation, municipal legal acts accepted according to them;
6) request from the applicant by provision of the state service of the payment which is not provided by regulatory legal acts of the Russian Federation, regulatory legal acts of subjects of the Russian Federation, municipal legal acts;
7) refusal of the officials of FAS Russia providing the state service 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;
8) incorrect behavior or violation of office ethics by officials of FAS Russia during provision of the state service by them.
Public authorities and claims authorized for consideration officials to whom the claim can be sent
63. Violations of these Regulations by officials of FAS Russia are appealed FULL FACE Russia.
Procedure for giving and consideration of the claim
64. The basis for the procedure of pre-judicial (extrajudicial) appeal is the address (claim) sent FULL FACE to Russia according to the procedure, provided by these Regulations.
65. The claim shall contain:
- the name of FAS Russia or officials of FAS Russia, the decision and action (failure to act) of which are appealed;
- 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;
- data on the appealed decisions and actions (failure to act) of officials of FAS Russia;
- arguments based on which the applicant does not agree with decisions and actions (failure to act) of officials of FAS Russia. The documents (in the presence) confirming the applicant's arguments, or their copies can be submitted by the applicant.
66. The applicant has the right to withdraw the claim until pronouncement of the decision on it.
67. The claim which arrived FULL FACE Russia is subject to registration no later than the next working day from the date of its receipt.
The claim is considered by officials of FAS Russia within 15 working days from the date of its registration.
In case of appeal of refusal of officials of FAS Russia in documents acceptance at the applicant or in correction of the made typographical errors and mistakes or in case of appeal by the applicant of violation of fixed term of such corrections, the claim is considered within 5 working days from the date of its registration.
The list of the bases for suspension of consideration of the claim if the possibility of suspension is stipulated by the legislation the Russian Federation
68. The bases for suspension of consideration of the claim the legislation of the Russian Federation are absent.
Result of consideration of the claim
69. The decision by results of consideration of the claim to actions (failure to act) of officials of FAS Russia is made by the Head of FAS Russia.
70. By results of consideration of the claim the Head of FAS Russia accepts one of the following decisions:
- satisfies the claim, including in the form of cancellation of the made decision, correction of the typographical errors made by FAS Russia and error messages in given as a result of provision of the state service documents, return to the applicant of money which collection is not provided by regulatory legal acts of the Russian Federation, regulatory legal acts of subjects of the Russian Federation, municipal legal acts, and also in other forms;
- refuses grievance settlement.
71. No later than the day following behind day of the decision making specified in Item 70 of these Regulations to the applicant in writing and (or) electronically the motivated answer about results of consideration of the claim goes.
72. In case of establishment in the course or by results of consideration of the claim of signs of structure of administrative offense or signs of actus reus the official authorized for consideration of claims without delay directs the corresponding materials to bodies of prosecutor's office.
73. In case of grievance settlement of FAS Russia takes exhaustive measures for elimination of the revealed violations, including for issue to the applicant of result of the state service, no later than 5 working days from the date of decision making if other is not established by the legislation of the Russian Federation.
Procedure for informing applicant on results of consideration of the claim
74. The decision by results of consideration of the claim is drawn up in writing. The copy of the decision goes to the applicant within 3 calendar days from the date of production in full.
Procedure for appeal of the decision according to the claim
75. Appeal of the decision by results of consideration of the claim is performed according to the procedure, provided by part 1 of Article 52 of the Marine life protection act of the competition.
When giving the applicant has the right to receive complaints in responsible structural division of FAS Russia of the copy of the documents confirming the appealed actions (failure to act), the decision of the government civil servant.
Applicant's right to receipt of information and documents necessary for reasons and consideration of the claim
76. The applicant has the right to obtain information and the documents necessary for reasons and consideration of the claim.
77. The applicant has also other rights according to the regulatory legal acts governing the relations arising in connection with provision of the state service.
Methods of informing applicants on procedure for giving and consideration of the claim
78. Informing applicants on procedure for giving and consideration of the claim is performed according to Item 4.1 of these Regulations.
to Regulations
The flowchart of provision of the state service in consideration of petitions of persons having intention to participate in competitive selection of capacity
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¦ Beginning of the procedure of consideration of the petition ¦
------------------------------------|------------------------------------
¦
\/
---------------------------------------------------------------------------
¦ Submission of the petition by the applicant, the documents and data attached to it, ¦
¦ necessary for provision of the state service, their acceptance ¦
¦ and registration ¦
--------------------------------------|------------------------------------
¦
\/
---------------------------------------------------------------------------
¦ Appointment of the contractor ¦
--------------------------------------|------------------------------------
¦
\/
------------------/\---------------¬
there is no verification of presence in structure ¦ ¦ yes
--------<petitions of the documents specified>-----------to
¦ ¦ in Item 18 of the Regulations, and term ¦ ¦
¦ ¦ its representations ¦ ¦
¦ L---------------------------------¦ ¦ ¦ ¦
¦ ¦
\/ \/
--------------------------------- -------------------------
¦ Preparation to the applicant of the answer ¦ yes ¦ Check of the facts, ¦
¦ that the petition ¦ ---------+ specified in Item 44 ¦
¦ it is considered unpresented, ¦ ¦ ¦ Regulations ¦
¦ in connection with non-presentation ¦ ¦ ------------|------------
¦ in full documents, ¦ ¦ ¦ no
¦ specified in Item ¦ ¦ ¦
¦ 18 Regulations ¦ ¦ \/
--------------------------------- ¦ -------------------------
¦ ¦ Sending an inquiry ¦
¦ ¦ information to the applicant, ¦
¦ ¦ to business entity ¦
¦ ¦ or in federal orga of N ¦
¦ ¦ executive authority ¦
------------/\-----------¬ ¦ ------------|------------
<Consideration of the petition> <---- ¦
¦ in essence ¦ \/
------------\/------------ -------------------------
¦ /\ ¦ After receipt ¦
¦ ¦ ¦ the requested documents ¦
¦ ¦ ¦ and (or) data in ¦
¦ L-+ + + + + + + + + + + + + + + + + + compliance with Item ¦
¦ ¦45 Regulations check ¦
¦ ¦ the facts specified ¦
¦ ¦ in Item 18 of Regulations ¦
\/ -------------------------
---------------------------------------------------------------------------
¦ Receipt of provision of the state service by the applicant of result ¦
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