ORDER OF THE MINISTRY OF AGRICULTURE OF THE RUSSIAN FEDERATION

of February 1, 2017 No. 46

About modification of the Administrative regulations of the Ministry of Agriculture of the Russian Federation on execution of the state function on implementation of the state supervision of activities of self-regulatory organizations of the auditing unions of agricultural cooperatives approved by the Order of the Ministry of Agriculture of the Russian Federation of April 6, 2015 No. 127

According to the Federal Law of December 26, 2008 No. 294-FZ "About protection of the rights of legal entities and individual entrepreneurs when implementing the state control (supervision) and municipal control" (The Russian Federation Code, 2008, No. 52, Art. 6249; 2009, No. 18, Art. 2140; No. 29, Art. 3601; No. 52, Art. 6441; 2010, No. 17, Art. 1988; No. 18, Art. 2142; No. 31, Art. 4160; Art. 4193, Art. 4196; No. 32, Art. 4298; 2011, No. 1, Art. 20; No. 17, Art. 2310; No. 23, Art. 3263; No. 27, Art. 3880; No. 30, Art. 4590; No. 48, Art. 6728; 2012, No. 19, Art. 2281; No. 26, Art. 3446; No. 31, Art. 4320, Art. 4322; No. 47, Art. 6402; 2013, No. 9, Art. 874; No. 27, Art. 3477; No. 30, Art. 4041, No. 44, Art. 5633; No. 48, Art. 6165; №49, of Art. 6338; No. 52, Art. 6961, Art. 6979, Art. 6981; 2014, No. 11, Art. 1092; Art. 1098; No. 26, Art. 3366; No. 30, Art. 4220; Art. 4235, Art. 4243, Art. 4256; No. 42, Art. 5615; No. 48, Art. 6659; 2015, No. 1, Art. 53, Art. 64, Art. 72, Art. 85; No. 14, Art. 2022; No. 18, Art. 2614; No. 27, Art. 3950; No. 29, Art. 4339, Art. 4362, Art. 4372, Art. 4389; No. 45, Art. 6207; No. 48, Art. 6707; 2016, No. 11, Art. 1495; No. 18, Art. 2503; No. 27, Art. 4160, Art. 4164, Art. 4187, Art. 4210, Art. 4287; No. 50, the Art. 6975) and Item 5 of the order of the Government of the Russian Federation of April 18, 2016 No. 323 "About sending an inquiry and obtaining on a grant basis, including electronically, documents and (or) information state control (supervision) bodies, bodies of municipal control under the organization and conducting checks from other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations at which disposal these documents and (or) information are within interdepartmental information exchange" (The Russian Federation Code, 2016, 17, of the Art. 2418) I order to No.:

Make changes to the Administrative regulations of the Ministry of Agriculture of the Russian Federation on execution of the state function on implementation of the state supervision of activities of self-regulatory organizations of the auditing unions of agricultural cooperatives approved by the order of the Ministry of Agriculture of the Russian Federation of April 6, 2015 No. 127 (registration No. 37454), according to appendix to this order is registered by the Ministry of Justice of the Russian Federation on May 29, 2015.

Appendix

to the Order of the Ministry of Agriculture of the Russian Federation of February 1, 2017 No. 46

Changes which are made to the Administrative regulations of the Ministry of Agriculture of the Russian Federation on execution of the state function on implementation of the state supervision of activities of self-regulatory organizations of the auditing unions of agricultural cooperatives approved by the Order of the Ministry of Agriculture of the Russian Federation of April 6, 2015 No. 127

1. Add Item 7 with subitems 12, 13 following contents:

"12) the order of the Government of the Russian Federation of April 28, 2015 No. 415 "About rules of forming and maintaining the unified register of checks" (The Russian Federation Code, 2015, No. 19, the Art. 2825) (further - the order of the Government of the Russian Federation of April 28, 2015 No. 415);

13) the order of the Government of the Russian Federation of April 18, 2016 No. 323 "About sending an inquiry and obtaining on a grant basis, including electronically, documents and (or) information state control (supervision) bodies, bodies of municipal control under the organization and conducting checks from other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations at which disposal these documents and (or) information, within interdepartmental information exchange" (The Russian Federation Code, 2016, No. 17, of the Art. 2418) are;".

2. Consider subitems 12 and 13 subitems 14 and 15 respectively.

3. To state the subitem "an" of Item 9 in the following edition:

"a) request and receive from the head and other officials, the authorized representative of SRO RSSK, based on motivated written requests information, documents and explanations on the questions connected with check subject;".

4. To state the subitem 12 of Item 10 in the following edition:

"12) to perform record about performed in register of checks (in case of its availability);".

5. Add Item 10 with subitems 14 - 17 following contents:

"14) to request within interdepartmental information exchange the documents and (or) information included in the list of the documents and (or) information requested and received within interdepartmental information exchange by state control (supervision) bodies, bodies of municipal control under the organization and conducting checks from other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations at which disposal these documents and (or) information, No. 724-r approved by the order of the Government of the Russian Federation of April 19, 2016 (The Russian Federation Code, 2016, No. 18, of Art. 2647 are; No. 42; the Art. 5972) (further - the List);

15) not to demand from the head (other authorized person) of SRO RSSK of submission of documents and (or) information, including allowing documents, available other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations, included in the List;

16) to acquaint the head (other authorized person) of SRO RSSK with the documents and (or) information received within interdepartmental information exchange;

17) in amount and in the terms determined by the order of the Government of the Russian Federation of April 28, 2015 No. 415, to enter information on the organization, carrying out and results of checks in the unified register of checks.".

6. Add Item 11 with subitems 6 - 8 following contents:

"6) to submit documents and (or) information which are at the disposal of other state bodies of local government bodies or subordinated to state bodies or local government bodies of the organizations and are included in the List, on own initiative.

If the documents and (or) information provided by the legal entity (the authorized representative of the legal entity) do not correspond to the documents and (or) information received within interdepartmental information exchange, the Ministry of Agriculture of the Russian Federation has the right to send to the legal entity (the authorized representative of the legal entity) information on it, having requested necessary explanations in writing;

7) to submit the additional documents confirming reliability of earlier provided documents;

8) to get acquainted with the documents and (or) information received by state control (supervision) bodies within interdepartmental information exchange from other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations at which disposal these documents and (or) information are, included in the List.".

7. To declare the subitem 3 of Item 12 invalid.

8. State Item 49 in the following edition:

"49. Modification of the annual plan of conducting checks is allowed in the following cases:

a) check exception of the annual plan:

in connection with impossibility of conducting planned inspection of activities of SRO RSSK owing to its liquidation;

in connection with the termination of SRO RSSK of the activities which are subject to check;

b) change of the data on SRO RSSK specified in the annual plan:

in connection with address modification of the location or the address of the actual implementation of activities of SRO RSSK;

in connection with change of the name of SRO RSSK.".

9. State Item 50 in the following edition:

"50. Data on the changes made to the annual plan go within 3 working days from the date of their entering into relevant organ of prosecutor's office on paper (with application of a copy in electronic form) the registered mail with the assurance of receipt or in electronic form, signed by the digital signature, and also are posted on the official site on the Internet within 5 working days from the date of modification.".

10. In the subsection "Preparation and Conducting Planned Inspection":

Item 55 to add 1) with the second paragraph of the following content:

"Required documents (information) can be directed in the form of electronic documents (packet of the electronic documents) signed by the strengthened qualified digital signature of the checked face".

To add 2) with Items 56. 1, 56.2 following of content:

"56.1. The exhaustive list of documents and (or) information requested within interdepartmental information exchange from other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations under the organization and conducting checks, includes data from the Unified State Register of Legal Entities.

56.2. The exhaustive list of documents and (or) information requested during check directly at SRO RSSK:

industry rules (standards) of activities of SRO RSSK providing:

rules of implementation by the auditing unions of audits and rendering the services accompanying them;

requirements to forming by members of SRO RSSK of the governing bodies and to qualification of the workers performing audits and rendering the services accompanying them;

rules of accounting and creation of the reporting represented to SRO RSSK by her members, procedure for submission of the reporting and other information on activities of members of SRO RSSK;

procedure for realization of results of audits, procedure for acquaintance with them for other members of SRO RSSK;

requirements to provision of information for the audits performed by SRO RSSK;

procedure for application of measures of responsibility concerning members of SRO RSSK and their workers in case of identification of violations in their activities;

regulations on control of execution of the sanctions and other measures applied to members of SRO RSSK and their workers and accounting treatment for these sanctions;

procedure for investment of funds of compensation fund for the purpose of its preserving and increase, control measure behind target use of means of compensation fund, procedure for maintaining SRO RSSK of accounting on transactions with the means intended for compensation payments;

data about performed by SRO RSSK of activities of members of SRO RSSK and about results of these checks;

information on change of the name of SRO RSSK, place of its stay, address of the official site;

report on the size of compensation fund of SRO RSSK and its use;

the statement from personal account confirming placement on the account of SRO RSSK of means of compensation fund;

the report form approved by SRO RSSK and reports of the auditing unions on the number of the cooperatives entering into the auditing union;

annual statements about activities of the auditing unions;

regulations on procedure for membership in SRO RSSK;

register of refusals in admission to membership of SRO RSSK;

rules of auditing activities, the stipulated in Article 33 Federal Laws of December 8, 1995 No. 193-FZ "About agricultural cooperation";

the plan of conducting checks of activities of the auditing unions of agricultural cooperatives - members of SRO RSSK, approved as the president of SRO RSSK;

register of the auditing unions and auditors consultants;

plan of annual advanced training of auditors consultants;

the program of qualification examinations on receipt of the competence certificate of the auditor consultant;

program of advanced training of auditors consultants the current year and the protocol of its approval;

the certificate form issued to the auditor consultant who underwent annual advanced training;

copies of protocols of certifying commission of SRO RSSK;

form of carrying out and procedure for examination in case of the correspondence advanced training;

the notification of directors of RSSK on procedure for carrying out the correspondence advanced training for the auditors consultants who did not undergo internal advanced training;

protocols of SRO RSSK on hearing of cases on application to the auditing unions - to members of self-regulatory organization, their officials and auditors consultants of measures of responsibility, decision making about application or about cancellation of such measures according to the procedure, provided by the charter and rules of self-regulatory organization;

the rules of SRO RSSK about procedure and the amount of entering into compensation fund of additional contributions in case of insufficiency of means of compensation fund for implementation of compensation payments approved by the decision of general meeting of members of SRO RSSK;

regulations on procedure and regulations of distribution between members of self-regulatory organization of the costs, payments and charges which are formed in the course of implementation of its authorized activities including in connection with insufficiency of means of compensation fund;

procedure for maintaining register of members and associated members of agricultural cooperatives and their unions;

regulations on internal control of RSSK;

program of SRO RSSK of audit of RSSK;

regulations on the disciplinary commission;

regulations on the supervisory board;

regulations on scientific and methodical council;

regulations on the president of SRO RSSK;

regulations on general meeting of SRO RSSK.".

"Seal and" to exclude 3) in Item 57 of the word.

11. Add Item 76 with the paragraph of the following content:

"In the presence of the consent of the checked face to interaction implementation electronically within the state control (supervision) the inspection statement can be directed in electronic form, the signed strengthened qualified digital signature of person who drew up this statement, to the head, other official or the authorized representative of the checked face. At the same time the act directed in electronic form, the method providing assurance of receipt of the specified document signed by the strengthened qualified digital signature of person who drew up this statement to the checked face is considered the received checked face".

12. To state the flowchart of execution by the Ministry of Agriculture of the Russian Federation of the state function on implementation of the state supervision of activities of self-regulatory organizations of the auditing unions of agricultural cooperatives provided in appendix to Administrative regulations in edition according to appendix to this order.

Appendix

to Administrative regulations on execution of the state function by the Ministry of Agriculture of the Russian Federation on the implementation of the state supervision of activities of self-regulatory organizations of the auditing unions of agricultural cooperatives approved by the Order of the Ministry of Agriculture of the Russian Federation of April 6, 2015 No. 127

The flowchart of execution by the Ministry of Agriculture of the Russian Federation of the state function on implementation of the state supervision of activities of self-regulatory organizations of the auditing unions of agricultural cooperatives

See the Flowchart of execution by the Ministry of Agriculture of the Russian Federation of the state function on implementation of the state supervision of activities of self-regulatory organizations of the auditing unions of agricultural cooperatives (8Kb In original language)

 

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