Based on part 1 of article 108 of the Federal Law of November 27, 2010 N 311-FZ "On customs regulation in Russian Federation"(Collected Legislation of the Russian Federation, 2010, N 48, Art. 6252; 2011, N 27, Art. 3873, N 29, Art. 4291, N 50, Art. 7351) and in accordance with federal law dated July 27, 2010 N 210-FZ "On the organization of the provision of state and municipal services" (Collected Legislation of the Russian Federation, 2010, N 31, item 4179; 2011, N 15, item 2038, N 27, item 3880, Article 3873, N 29, Article 4291, N 30 (part I), Article 4587, N 49 (part V), Article 7061), with Decree of the Government of the Russian Federation of May 16, 2011 N 373 " On the development and approval of administrative regulations for the performance of state functions and administrative regulations for the provision of public services "(Collected Legislation of the Russian Federation, 2011, No. 22, Art. 3169, No. 35, Art. 5092) I ORDER:
I. General provisions
Subject of regulation
1. Administrative regulations of the Federal customs service and customs authorities authorized by it to provide public service on making preliminary decisions on the classification of goods according to the unified Commodity nomenclature for foreign economic activity of the Customs Union (hereinafter referred to as the Regulations) determines the procedure for the provision by customs authorities of the state service for making preliminary decisions on the classification of goods according to the unified Commodity nomenclature for foreign economic activity of the Customs Union (hereinafter referred to as TN VED TS).
Circle of applicants
2. The applicant is a legal entity, an organization that is not a legal entity, established in accordance with the legislation of the state - a member of the Customs Union, as well as individual having a permanent place of residence in a state - a member of the Customs Union, including individual entrepreneur, registered in accordance with the legislation of a member state of the Customs Union, authorized to act as a declarant of goods or having authority in relation to goods for which a preliminary decision is made by the customs authority on the classification of goods according to the FEACN of the CU.
Requirements for the procedure for informing about the provision
public service
3. Information on the provision by the customs authorities of the public service for making preliminary decisions on the FEACN of the CU (hereinafter referred to as the public service) is posted on the official website of the FCS of Russia, as well as directly on the information stands of the customs authorities that carry out customs declaration and customs control goods, and contains the following basic information:
Full name and full mailing address customs authorities providing public services;
Working hours of customs authorities providing public services;
Sample application for making a preliminary decision on the classification of goods according to the FEACN of the CU (hereinafter referred to as the application for making a preliminary decision);
Requirements for a written application for a preliminary decision;
List of grounds for rejecting an application for a preliminary decision;
A block diagram showing the algorithm for making a preliminary decision on the classification of goods according to the FEACN of the CU;
Addresses of the official websites of the Federal Customs Service and the Unified Portal of State and Municipal Services (functions);
The name and details of the regulatory legal acts of the Federal Customs Service of Russia relating to the provision of public services, as well as the transfer of authority to the customs authorities to make preliminary decisions on the classification of goods according to the FEACN of the Customs Union.
4. The Federal Customs Service of Russia is located at: Moscow, st. Novozavodskaya, 11/5.
The postal address of the Federal Customs Service of Russia for sending applications for the adoption of preliminary decisions: st. Novozavodskaya, 11/5, Moscow, 121087, Federal Customs Service.
Reference telephone service of the Federal Customs Service of Russia: +7 499 449 72 05.
Office of the FCS of Russia:
department of incoming documents: +7 499 449 70 07;
department of outgoing documents: +7 499 449 83 92;
inquiry: +7 499 449 72 35.
Schedule:
Monday - Thursday 10-00 - 17-00 (break 13-15 - 14-00) Friday 10-00 - 16-45 (break 13-15 - 14-00) Saturday - Sunday Day off
Information about the location, work schedules, reference phones of the customs authorities is contained in the Directory of the customs authorities (to the Regulations).
5. Official information site of the FCS of Russia: www.customs.ru.
On the website of the FCS of Russia, in addition to the information specified in paragraph 3 of the Regulations, there is electronic form applications for the adoption of a preliminary decision, the Collection of preliminary decisions on the classification of goods according to the FEACN of the CU, which includes, in anonymized form, preliminary decisions taken by the customs authorities.
The site may also contain other information related to the provision of public services.
6. Official information site of the Unified portal of state and municipal services (functions): www.gosuslugi.ru.
The official website of the Unified Portal of State and Municipal Services (functions) contains an electronic application form for making a preliminary decision.
7. Official information website of the Customs Union Commission (Eurasian Economic Commission): www.tsouz.ru.
The site contains the Collection of preliminary decisions on the classification of goods according to the FEACN of the CU, which includes, in depersonalized form, preliminary decisions taken by the customs authorities of the member states of the Customs Union.
8. Information on the procedure and progress in the provision of public services is provided by the customs authorities:
by phone;
at the written request of the applicant;
using federal state information system"Single portal of state and municipal services (functions)".
9. When informing by telephone, the customs authorities are obliged to provide the following information:
Names of customs authorities authorized to make preliminary decisions, their full postal address;
Reference telephone numbers of the customs authorities providing the public service;
Groups or sections of the Commodity Nomenclature of Foreign Economic Activity of the Customs Union, on which the authorized customs body can make preliminary decisions;
On the course of consideration of an application for a preliminary decision;
On the official websites of the Federal Customs Service of Russia, the Unified Portal of State and Municipal Services (functions), the Commission of the Customs Union, the Eurasian Economic Commission, which contain information about the state service;
On the normative legal acts of the Federal Customs Service of Russia on the provision of public services.
In the FCS of Russia, information on the procedure and progress in the provision of public services can be obtained from work time by phone +7 495 604 57 86 (Department of Commodity Nomenclature of the Federal Customs Service of Russia).
In other customs authorities - by phone numbers indicated in the Directory of customs authorities (to the Regulations).
10. Informing on written requests received by the customs authority about the procedure and progress in the provision of public services is carried out in the manner and within the time limits determined by the legal and regulatory legal acts of the Federal Customs Service of Russia related to the consideration of applications from organizations and citizens.
In addition to the information provided for in paragraph 9 of the Regulations, the customs authority may also provide other information on the procedure and progress in the provision of public services.
11. Informing about the progress of consideration of an application for a preliminary decision is carried out by displaying up-to-date information on the current state (status) of the provision of public services in personal account the applicant on the Unified portal of state and municipal services (functions) through the federal state information system "Unified portal of state and municipal services (functions)".
II. Public Service Standard
Name of the public service
12. The name of the public service - making preliminary decisions on the classification of goods according to the FEACN of the Customs Union.
Making preliminary decisions on the classification of goods according to TN VED CU - a public service related to the classification of goods (assigning a classification code at the level of a ten-digit code designation to a product) according to TN VED CU, making changes, revoking and terminating a preliminary decision on the classification of goods.
Name of the federal executive body,
providing a public service
13. The public service is provided by the FCS of Russia and the customs authorities determined by it.
14. From the FCS of Russia, the state service is provided by the Commodity Nomenclature Department (hereinafter referred to as the Department).
15. Customs authorities authorized to provide public services: Far Eastern Customs Administration, Volga Customs Administration, North-Western Customs Administration, Siberian Customs Administration, Ural Customs Administration, Central Customs Administration, Southern Customs Administration, Central Energy Customs (hereinafter - authorized customs authorities) .
Authorized customs authorities are empowered to provide public services by a legal act of the Federal Customs Service of Russia, which indicates the name customs authority, groups or sections of the Commodity Nomenclature for Foreign Economic Activity of the Customs Union, on which the customs authority makes preliminary decisions.
Description of the result of the provision of public services
16. The result of the provision of public services is a preliminary decision on the classification of goods according to the Commodity Nomenclature of Foreign Economic Activity of the Customs Union (hereinafter referred to as the preliminary decision).
The preliminary decision is drawn up on a paper form or in the form electronic document.
The form of the preliminary decision and the procedure for filling it out were approved by the Decision of the Commission of the Customs Union of May 20, 2010 N 260 "On the forms of customs documents" as amended by the Decision of the Commission of the Customs Union of June 22, 2011 N 676.
17. A preliminary decision is valid for three years from the date of its adoption, unless it is changed, withdrawn or terminated in accordance with the provisions of Article 56 Customs Code of the Customs Union (Federal Law No. 114-FZ of June 2, 2010 "On Ratification of the Treaty on the Customs Code of the Customs Union" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2010, No. 23, Art. 2796).
Terms of public service provision
and sending documents resulting from
18. Public service is provided for 90 calendar days from the date of registration of a written application for a preliminary decision in the Department of Affairs of the Federal Customs Service of Russia (in the department of documentation support of the authorized customs authority) or registration with a special software tool in case of filing an application in the form of an electronic document through the federal state information system "Unified portal of state and municipal services (functions )".
19. If necessary, submission additional information the period specified in paragraph 18 of the Regulations is suspended and resumed from the date of registration by the Federal Customs Service of Russia (authorized customs authority) of the last document containing the documents and information necessary for making a preliminary decision.
The period specified in paragraph 18 of the Regulations may be suspended for the period necessary for the submission of documents and information specified in the application for a preliminary decision sent to the customs authority through the federal state information system "Unified portal of state and municipal services (functions)" .
The maximum period for submitting documents and information in the form of electronic documents or on paper should not exceed 10 calendar days from the date of registration with the customs authority of the application for a preliminary decision.
20. If the application for making a preliminary decision contains information sufficient to unambiguously classify the goods to a certain sub-heading of the TN VED CU at the level of a ten-digit code designation, a preliminary decision is made within a shorter period of time.
List of normative legal acts,
regulating relations arising in connection
with the provision of public services
21. The provision of public services is carried out in accordance with the following regulatory legal acts:
Customs Code of the Customs Union (Federal Law of June 2, 2010 N 114-FZ "On Ratification of the Treaty on the Customs Code of the Customs Union" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2010, N 23, Art. 2796) (hereinafter referred to as the Customs Code of the Customs Union) ;
To be applied from 05/19/2014.
48.8. Lost strength.
48.8. Documents and information requested by the customs authority may be transferred within the time period necessary for the applicant to submit them, but not exceeding 60 calendar days from the date of registration by the FCS of Russia (authorized customs authority) of the notification of additional information.
48.9. When a notice is sent to the applicant about the submission of additional documents and information (samples), the term for the provision of the public service is suspended from the date of registration by the FCS of Russia (by the authorized customs authority) of the notification of the submission of additional documents and information and is resumed from the date of registration by the FCS of Russia (by the authorized customs authority) of the last document required for making a preliminary decision.
48.10. Interaction of customs authorities with federal executive authorities when making a preliminary decision.
48.10.1. If it is necessary to request documents issued by federal executive authorities, the Department (authorized customs authorities) in accordance with technological maps interdepartmental interaction sends a request to the appropriate federal executive body.
48.10.2. The federal executive body within 5 working days submits to the FCS of Russia (the authorized customs body) a copy of the document or information about the document from the electronic database of documents.
48.10.3. The failure of the federal executive body to submit documents is not grounds for refusing to issue a preliminary decision.
49. Decision to reject a preliminary decision.
The decision to reject the adoption of a preliminary decision is made if the applicant fails to provide additional information within the time period specified in the notification of the submission of additional documents and information, or if the applicant provides contradictory or incomplete information about the product, insufficient to determine the classification code for the TN VED CU at the level of a ten-digit code designations.
49.1. The decision to reject the preliminary decision is prepared on the form of a letter from the customs authority. The decision to reject the provisional decision shall indicate the reasons for the rejection.
49.2. The preparation of a decision to reject the adoption of a preliminary decision is carried out by the executor according to the procedure specified in clauses 47.1 - 47.5 of the Regulations.
49.3. The decision to reject the provisional decision must be sent to the applicant on the day following the expiration of the deadline for submitting additional information.
49.4. After sending the first copy of the decision to reject the preliminary decision, a visa copy is formed in the case in accordance with the nomenclature of cases of the Office (authorized customs body).
49.5. Deviation in making a preliminary decision does not prevent the applicant from re-applying for a preliminary decision, provided that the reasons that served as the basis for rejecting the application are eliminated.
49.6. Additional information received by the Federal Customs Service of Russia (the authorized customs body) and registered with the Federal Customs Service of Russia (the authorized customs body) or using the federal state information system "Unified Portal of State and Municipal Services (Functions)" later than specified in the notification of the submission of additional documents and information term is not considered.
50. Making a preliminary decision.
50.1. When preparing a draft preliminary decision, the following are studied:
Texts of headings, subheadings, sub-subheadings, notes to sections, groups, headings, subheadings, provisions of the Basic Rules for the Interpretation of the TN VED;
Alphabetical index of the Harmonized System for the Description and Coding of Goods, explanations to the FEACN of the Customs Union;
Materials of WTO sessions on the classification of goods;
International standards (ISO, Codex alimentarius, regulations, etc.);
National standards, regulations, specifications;
Agreements, including agreements on the industrial assembly of motor Vehicle, their components and assemblies;
Documents confirming intended use goods;
Product description;
Description of a multi-component product to determine the material or component that, in accordance with the Basic Rules for the Interpretation of the TN VED, gives the product its main property, and determine whether this criterion is applicable in the case in question;
A list of goods presented in sets to determine the component, which, in accordance with the Basic Rules for the Interpretation of the TN VED, gives the product its main property, and determine whether this criterion is applicable in the case in question;
A list of goods presented incomplete or incomplete, or unassembled or disassembled, to determine the possibility of classifying them in accordance with the Basic Rule of Interpretation 2a) TN VED;
Technological schemes and their description, including for the industrial assembly of motor vehicles, in accordance with which the goods will be processed (processed) on the territory of the Russian Federation;
Photos and drawings (if necessary);
Product characteristics;
Quantitative and qualitative composition of the goods (if necessary);
Blueprints, technological schemes(if necessary);
Application of the goods (if necessary);
Methods and types of packaging of goods (if necessary);
Conclusions expert organizations(if any) and other information provided by the applicant for making a preliminary decision;
Electronic base of decisions of the World Customs Organization (WTO);
Decisions and clarifications on the classification of goods by the Federal Customs Service of Russia and the Commission of the Customs Union.
50.2. If necessary, in order to verify the reliability of the information about the goods provided by the applicant, samples of the goods are sent to an expert institution for examination.
50.3. After studying the documents and information submitted by the applicant, as well as the results of the examination of the goods (if any), the contractor selects potential sub-subpositions of the TN VED CU to include the goods in question.
50.4. The Contractor refers the goods to a specific sub-heading of the TN VED CU at the level of a ten-digit code designation and prepares a draft preliminary decision and a draft cover letter FCS of Russia (authorized customs authority) to the applicant.
When preparing a preliminary decision in the form of an electronic document, a cover letter from the FCS of Russia (the authorized customs body) is not prepared.
50.5. A preliminary decision is made for each item of goods, including a specific brand, model, article and modification.
In cases where goods have different brands, models, articles, modifications, but one name, and also have the main characteristics that allow classifying goods into one ten-digit sub-subheading of the TN VED CU, and the description allows them to be uniquely identified for customs purposes, one preliminary decision is issued , which indicates one name of the product with a description, if necessary, of brands, models, articles, modifications of the product.
50.6. A preliminary decision on the classification of goods is drawn up on a paper form or in the form of an electronic document in Russian.
In a preliminary decision, it is allowed to indicate information on foreign language, if it is necessary for the purposes of classification and identification of goods.
Corrections are not allowed in the preliminary decision.
50.7. The head of the department of the Administration (head of the department of the authorized customs body) or his deputy (deputy head of the authorized department of the customs body) reviews the draft preliminary decision and the draft cover letter of the FCS of Russia (the authorized customs body) to the applicant and, based on the results of the consideration, endorses them or sends them for revision.
50.8. The draft preliminary decision approved by the head of the department or his deputy, together with the first copy and the draft cover letter of the Federal Customs Service of Russia (authorized customs body), are submitted to the applicant for consideration by the head of the Department (head of the authorized customs body) or his deputy (deputy head of the authorized customs body).
50.9. The head of the Department (head of the authorized customs body) or his deputy (deputy head of the authorized customs body) reviews the draft preliminary decision and the draft cover letter of the FCS of Russia (the authorized customs body) and, based on the results of the consideration, signs them or sends them for revision.
When preparing a preliminary decision in the form of an electronic document, it is certified by an electronic digital signature of the head of the Department (head of the authorized customs body) or his deputy (deputy head of the authorized customs body).
50.10. After signing by the head of the Department (head of the authorized customs body) or his deputy (deputy head of the authorized customs body), the preliminary decision is registered in the electronic database of preliminary decisions.
Registration of the cover letter of the Federal Customs Service of Russia (authorized customs body) to the applicant is carried out in the Department of Affairs of the Federal Customs Service of Russia (in the department of documentation support of the authorized customs body).
50.11. After sending the first copies of the preliminary decision and the cover letter of the Federal Customs Service of Russia (authorized customs body) to the applicant, visa copies are formed in the case in accordance with the nomenclature of files of the Office (authorized customs body).
50.12. The block diagram for making a preliminary decision is given in the Regulations.
51. Issuance of a duplicate of the preliminary decision.
51.1. In case of loss by the applicant of a preliminary decision on paper, the Department (authorized customs body) issues a duplicate of the preliminary decision previously received by the applicant.
51.2. In order to obtain a duplicate, the applicant sends to the Office (authorized customs body) that made (adopted) a preliminary decision, a written application prepared in any form.
The application must contain information about the applicant, name and short description goods, details of the lost preliminary decision (if the applicant has such information) or a link to the application for a preliminary decision, on the basis of which the preliminary decision was made by the customs authority.
An application for issuing a duplicate can also be sent by the applicant in the form of an electronic document using the federal state information system "Unified Portal of State and Municipal Services (Functions)".
51.3. After registering an application for issuing a duplicate in the Department of Affairs of the Federal Customs Service of Russia (in the department of documentation support of the authorized customs authority) or using the federal state information system "Unified Portal of State and Municipal Services (Functions)", the head of the Department (head of the authorized customs authority) or his deputy ( deputy head of the authorized customs body) decides on its transfer for execution to the relevant department of the Administration (department of the authorized customs body).
The head of the department of the Office (department of the authorized customs body) that accepted the application for issuing a duplicate for execution, or the deputy head of the department of the Office (deputy head of the department of the authorized customs body) appoints an official responsible for the execution of the said application.
51.4. A duplicate of the preliminary decision is issued by the customs authority within 15 calendar days from the date of registration with the Administration of the Federal Customs Service of Russia (in the documentation department of the authorized customs authority).
51.5. The duplicate of the preliminary decision must be identical to the original (all the information contained in the original of the preliminary decision, including the registration number and date of the preliminary decision, is retained). In case of absence official who signed the preliminary decision, a duplicate may be signed by another official authorized to sign preliminary decisions.
In column 9 "For service marks" of the preliminary decision form, the entry "Duplicate" is made.
51.6. A duplicate of the preliminary decision approved by the head of the department or his deputy and a cover letter of the customs authority, together with the first copy of the duplicate and cover letter of the FCS of Russia (authorized customs authority) are submitted for consideration to the head of the Department (head of the authorized customs authority) or his deputy (deputy head of the authorized customs authority) .
51.7. The head of the Department (head of the authorized customs body) or his deputy (deputy head of the authorized customs body) signs them based on the results of consideration.
51.8. The cover letter is registered (an outgoing number is assigned) in the Department of Affairs of the Federal Customs Service of Russia (in the department of documentary support of the authorized customs authority) in accordance with the procedure for office work in the Federal Customs Service of Russia (in the authorized customs authority).
51.9. After sending the first copies of the duplicate of the preliminary decision and the cover letter of the Federal Customs Service of Russia (authorized customs authority), visa copies are formed into the case in accordance with the nomenclature of files of the Office (authorized customs authority).
51.10. The validity period of a duplicate is calculated from the date of registration of the original preliminary decision.
51.11. The block diagram for issuing a duplicate of a preliminary decision is given in the Regulations.
52. Termination of a preliminary decision.
52.1. The decision to terminate the preliminary decision taken by the authorized customs body shall be taken by this customs body or the Department.
The decision to terminate the preliminary decision taken by the Office is taken by the Office.
52.2. The decision to terminate the preliminary decision is made if it is established that the applicant submitted false documents, false and (or) incomplete information for the adoption of the preliminary decision.
52.3. The decision to terminate the preliminary decision is a letter from the Federal Customs Service of Russia (the authorized customs body), which indicates the reasons that caused the termination of the preliminary decision.
The decision to terminate the preliminary decision shall be sent to the applicant and to the customs authorities.
52.3.1. The official of the department or the executor of the preliminary decision prepares a draft decision on the termination of the preliminary decision for the applicant and a draft letter from the Federal Customs Service of Russia (the authorized customs body) to the customs authorities on the termination of the preliminary decision.
52.3.2. A draft decision agreed by the head of the department or his deputy on the termination of the preliminary decision to the applicant and a draft letter from the Federal Customs Service of Russia (the authorized customs authority) to the customs authorities on the termination of the preliminary decision, together with the first copies, are submitted for consideration to the head of the Department (head of the authorized customs authority) or his deputy (deputy head of the authorized customs body).
52.3.3. The head of the Department (head of the authorized customs body) or his deputy (deputy head of the authorized customs body) signs them based on the results of consideration.
52.3.4. The decision to terminate the preliminary decision to the applicant and the letter from the Federal Customs Service of Russia (authorized customs authority) to the customs authorities on the termination of the preliminary decision are registered (outgoing numbers are assigned) in the Administration of the Federal Customs Service of Russia (in the documentation support department of the authorized customs authority) in accordance with the procedure for office work in the FCS of Russia (in the authorized customs body).
52.3.5. After sending the first copies of the decision on the termination of the preliminary decision to the applicant and the letter of the Federal Customs Service of Russia (authorized customs authority) to the customs authorities on the termination of the preliminary decision, visa copies are formed in the case in accordance with the nomenclature of cases of the Office (authorized customs authority).
52.4. The decision to terminate the preliminary decision shall be sent to the applicant no later than the day following the day of the decision to terminate the preliminary decision.
52.5. The decision to terminate the preliminary decision shall enter into force on the date of the adoption of the preliminary decision.
52.6. A preliminary decision, in respect of which the Office (authorized customs body) has decided to terminate, is excluded from the Collection of preliminary decisions posted on the websites of the Federal Customs Service of Russia and the Commission of the Customs Union (Eurasian Economic Commission).
52.7. The adoption by the Administration (authorized customs body) of a decision to terminate the preliminary decision does not prevent the applicant from reapplying, provided that the reasons that served as the basis for terminating the preliminary decision are eliminated.
53. Revocation of the preliminary decision.
53.1. The decision to withdraw a preliminary decision taken by the authorized customs body or the Administration shall be taken by the Administration.
53.2. The preliminary decision is withdrawn in the following cases:
Amendments to the Commodity Nomenclature of Foreign Economic Activity of the Customs Union that affect the classification of goods in respect of which a preliminary decision has been made;
Adoption of decisions by the World Customs Organization on the classification of goods used by the Russian Federation;
Adoption by the Commission of the Customs Union (Eurasian Economic Commission) of decisions and clarifications on the classification certain types goods.
53.3. The decision to withdraw a preliminary decision is made by the Administration (authorized customs body) within 30 calendar days after the publication of decisions and clarifications by the Commission of the Customs Union (Eurasian Economic Commission).
53.4. The decision to withdraw a preliminary decision is a letter from the Federal Customs Service of Russia (the authorized customs body), which indicates the reasons for the withdrawal of the preliminary decision.
The decision to revoke the preliminary decision shall be sent to the applicant and to the customs authorities.
53.4.1. The decision to revoke the preliminary decision and the letter to the customs authorities to revoke the preliminary decision are prepared by the official of the department or the executor of the preliminary decision according to the procedure specified in paragraphs 52.3.1 - 52.3.5 of the Regulations.
53.5. Preliminary decisions, in respect of which the Department (authorized customs body) decided to withdraw, are excluded from the Collection of preliminary decisions posted on the websites of the Federal Customs Service of Russia and the Commission of the Customs Union (Eurasian Economic Commission).
53.6. The adoption by the Administration (authorized customs body) of the decision to withdraw the preliminary decision does not prevent the applicant from re-applying.
54. Change of preliminary decision.
54.1. The decision to change the preliminary decision taken by the authorized customs body shall be taken by this customs body or the Department.
The decision to change the preliminary decision taken by the Office is taken by the Office.
54.2. In accordance with Article 56 of the Customs Code of the Customs Union, a preliminary decision is changed in the following cases:
Identification by the Administration (authorized customs body) or the applicant of errors made when making a preliminary decision;
Adoption by the Federal Customs Service of Russia of a regulatory legal act containing decisions or clarifications on the classification of certain types of goods.
54.3. The decision to change the preliminary decision is a letter from the Federal Customs Service of Russia (the authorized customs body), which, in addition to changing the preliminary decision, also indicates the reasons for its change.
The decision to change the preliminary decision is sent to the applicant and to the customs authorities.
54.4. The decision to change the preliminary decision and the letter to the customs authorities to change the preliminary decision are prepared by an official of the department or the executor of the preliminary decision according to the procedure specified in paragraphs 52.3.1 - 52.3.5 of the Regulations.
54.5. The decision of the Administration (authorized customs body) to change the preliminary decision shall enter into force on the date specified in the decision to change the preliminary decision.
54.6. The preliminary decision, in respect of which the Office (authorized customs body) decided to change, is excluded from the Collection of preliminary decisions posted on the websites of the Federal Customs Service of Russia and the Commission of the Customs Union (Eurasian Economic Commission). The Compendium of Preliminary Decisions shall include an amended preliminary decision.
IV. The procedure and forms of control over the provision
public service
The procedure for exercising current control
responsible for the observance and execution
officials of the provisions of the Regulations and other regulatory
legal acts establishing the requirements for the provision
public service, as well as their decision-making
55. current control Compliance with and execution by responsible officials of the Department (authorized customs body) of the provisions of the Regulations and other regulatory legal acts that establish requirements for the provision of public services is carried out by the head of the Department (head of the authorized customs body) or his deputy (deputy head of the authorized customs body), the head of the relevant department of the Administration (authorized customs body) or the deputy head of the department of the Administration (deputy head of the department of the authorized customs body).
56. Current control over compliance with the sequence of actions determined by administrative procedures for the provision of public services, decision-making by responsible officials of the department is carried out by the head of the department of the Office (department of the authorized customs body) or the deputy head of the department of the Office (deputy head of the department of the authorized customs body).
Procedure and frequency of implementation
scheduled and unscheduled completeness and quality checks
provision of public services, including the procedure
and forms of control over the completeness and quality of the provision
public service
57. Current control is carried out by conducting inspections of compliance by the responsible officials of the Department (authorized customs body) with the provisions of the Regulations and other regulatory legal acts that establish requirements for the provision of public services.
58. Inspections can be scheduled and unscheduled. The procedure and frequency of scheduled inspections of the completeness and quality of the provision of public services are established by the work plan of the Department (work plan of the authorized customs body) and approved by the head of the Department (head of the authorized customs body).
The work plan of the Department should provide for the conduct by officials of the Department of inspections of customs authorities on the provision of public services by them.
The verification is also carried out at the specific request of the applicant.
59. Scheduled check includes control:
Compliance with the deadlines for passing an application for a preliminary decision from the date of registration with the Administration of the FCS of Russia (in the authorized customs authority) until it is received for execution by an official of the Administration (authorized customs authority);
Compliance with the deadlines for the execution of the application, including when notifying the applicant about the provision of additional information about the product (if necessary) and when the application is rejected;
The correctness of the classification of goods according to the TN VED CU, that is, the assignment of a specific product to a specific sub-subheading of the TN VED CU at the level of a ten-digit code designation;
Completeness and correctness of entering information into the preliminary decision form;
Validity of the proposals of the executor of the application of the Office (authorized customs body) to make a decision to reject the application, terminate the validity, change or withdraw the preliminary decision;
Compliance with the deadlines for the termination of the preliminary decision, its change or withdrawal;
Completeness of information on entering the relevant marks in the electronic database of preliminary decisions of the Department (authorized customs body) on withdrawn, amended and terminated preliminary decisions;
Completeness of information on the adopted preliminary decisions included in the Collection of preliminary decisions posted on the website of the Federal Customs Service of Russia;
Completeness of information about the removal of revoked, amended and terminated preliminary decisions from the Collection of preliminary decisions posted on the website of the Federal Customs Service of Russia.
60. The results of the audit are drawn up in the form of an act, in which the identified shortcomings and proposals for their elimination are noted.
Responsibility of officials of the Office
(authorized customs body) for decisions and actions
(inaction) taken (carried out) by them in the course of
provision of public services
61. For non-compliance with the provisions of the Regulations and other regulatory legal acts that establish requirements for the provision of public services, officials who have made preliminary decisions shall bear disciplinary responsibility in accordance with the regulations or job description.
V. Pre-trial (out-of-court) procedure
appeal against decisions and actions (inaction) of the Office
(authorized customs body) providing
public service, as well as their officials
Information for the applicant about his right to pre-trial
(out-of-court) appeal against actions (inaction) and decisions,
accepted (implemented) in the course of providing
public service
62. The applicant has the right to appeal against the decision, action (inaction) of the Department (authorized customs body) or its officials in the provision of public services for the adoption of preliminary decisions (hereinafter referred to as the decision, action (inaction)) if such a decision, action (inaction), opinion of the applicant, otherwise person concerned, his rights, freedoms or legitimate interests have been violated, obstacles to their implementation have been created, or any duty has been unlawfully imposed on him.
63. A decision, action (inaction) may be appealed to the Federal Customs Service of Russia (to the authorized customs body) and (or) to a court, arbitration court.
Filing a complaint against a decision, action (inaction) with the Federal Customs Service of Russia (to the authorized customs body) does not exclude the possibility of simultaneous or subsequent filing of a complaint of similar content with a court, arbitration court. A complaint against a decision, action (inaction) filed with the Federal Customs Service of Russia (with the authorized customs body) and with a court, an arbitration court shall be considered by a court, an arbitration court.
64. Organizations participate in appealing decisions, actions (inaction) through their bodies acting in accordance with the civil legislation of the Russian Federation.
An authorized representative of the liquidation commission acts on behalf of the liquidated organization when appealing against decisions, actions (inaction).
When appealing against decisions, actions (inaction), lawyers and other persons providing legal assistance may act as representatives of organizations.
The powers of the heads of organizations acting on behalf of organizations within the powers provided for by the federal law, other regulatory legal act or founding documents, are confirmed by documents certifying their official position, as well as constituent and other documents. The powers of a lawyer are certified in accordance with federal law. The powers of other representatives must be determined in a power of attorney issued and executed in accordance with paragraph five of this clause of the Regulations, and in cases provided for international treaty of the Russian Federation or the Federal Law, - in another document.
The power of attorney on behalf of the organization must be signed by its head or another person authorized to do so by its constituent documents and sealed with the seal of the organization.
The representative has the right to perform on behalf of the person he represents all the actions specified in this section of the Regulations, including filing and signing a complaint against a decision, action (inaction), unless otherwise provided in the power of attorney or other document. When filing a complaint with the FCS of Russia (authorized customs body), the power of attorney must contain the right to appeal against decisions, actions (inaction) in the field of customs.
65. A complaint against a decision, action (inaction) may be filed within three months:
From the day when the person became aware or should have become aware of the violation of his rights, freedoms or legitimate interests, the creation of obstacles to their implementation or the unlawful imposition of any duty on him;
From the date of expiration of the established period for the FCS of Russia (authorized customs body) or its (his) officials to make a decision or take an action, the adoption or performance of which is provided for by the Regulations.
66. If, for valid reasons, the deadline for appealing is missed, this deadline, upon the application of the person who filed a complaint against the decision, action (inaction), may be restored by the Federal Customs Service of Russia (the authorized customs body).
The restoration of the missed deadline for appeal is expressed in the actual acceptance for consideration of a complaint against a decision, action (inaction).
67. A complaint against a decision, action (inaction) is submitted in writing and must be signed by the person whose rights, in his opinion, have been violated, or by his representative in his own hand. If the complaint is filed by a representative, documents confirming his authority must be attached to the complaint. The use of analogues of a handwritten signature to sign a complaint is not allowed.
In a complaint against a decision, action (inaction) must be indicated:
Name of the customs authority or position, surname, name and patronymic of the official of the FCS of Russia (authorized customs authority), if they are known, the decision, action (inaction) of which is being appealed;
Surname, name, patronymic or name of the person who filed the complaint, his place of residence or location;
The essence of the contested decision of the action (inaction).
68. The applicant may not submit documents and information that confirm the circumstances indicated in the complaint. If the submission of such documents and information is essential for the consideration of the complaint and these documents are not available in the FCS of Russia (in the authorized customs body), it has the right to request them from the applicant. In this case, the period for considering a complaint against a decision, action (inaction) is suspended until the person submits the documents and information requested by the FCS of Russia (authorized customs body), but not more than three months from the date of sending this request. If a person fails to submit the documents and information requested by the FCS of Russia (the authorized customs body), the decision on the complaint is made without taking into account the arguments in support of which the documents and information were not provided.
69. Filing a complaint against a decision, action (inaction) does not suspend the execution of the appealed decision, action.
70. The FCS of Russia (authorized customs body) refuses to consider a complaint against a decision, action (inaction) of the FCS of Russia (authorized customs body) or its (his) official on the merits if:
1) the established deadlines for appealing have not been observed and the person has not filed an application for the restoration of the missed deadline for appealing, or the application for the restoration of the missed deadline for appealing has been rejected;
2) if the requirements provided for in paragraphs 65 and 67 of the Regulations are not met;
3) if the person has already filed a complaint of similar content with the court and such complaint has been accepted by the court, the arbitration court for consideration or a decision has been made on it;
4) if the subject of the said complaint is a decision, action (inaction) of a body that is not the FCS of Russia (authorized customs body), or an official who is not an official of the FCS of Russia (authorized customs body);
5) if the complaint is filed by a person whose powers are not confirmed in the prescribed manner;
6) if the complaint is filed by a person whose rights, freedoms or legitimate interests were not affected by the contested decision, action (inaction);
7) if the subject of the complaint is an act (document) of the FCS of Russia or its official, which is not a decision in the field of customs affairs;
8) if there is a decision taken by the FCS of Russia in respect of the same Applicant and on the same subject of the complaint;
9) if there is no subject of appeal, that is, the fact of making a decision or committing an action (inaction) by the Federal Customs Service of Russia has not been confirmed.
71. The decision to refuse to consider a complaint against a decision, action (inaction) of the FCS of Russia (authorized customs body) or its (its) officials on the merits must be made no later than five days from the date of receipt of the said complaint by the FCS of Russia (to the authorized customs body). body), and in the cases provided for in subparagraphs 3, 8, 9 of paragraph 70 of the Regulations, - from the date of receipt by the FCS of Russia (authorized customs body) of a court ruling, arbitration court on accepting a complaint of a similar content for consideration or a court decision.
72. An applicant who filed a complaint against a decision, action (inaction) may withdraw it at any time before a decision is made on the complaint.
73. A repeated complaint on the same issue may be filed within the time limits established by paragraph 65 of the Rules.
74. On behalf of the FCS of Russia, the decision on the complaint is made by the head of the FCS of Russia or an official authorized by him.
75. Consideration of a complaint against a decision, action (inaction) cannot be carried out by the official who made the decision under appeal, who committed the action (inaction) appealed against, or by an official subordinate to him.
Deadlines for consideration of a complaint (claim)
76. A complaint against a decision, action (inaction) must be considered by the FCS of Russia (the authorized customs body) within one month from the date of its receipt by the FCS of Russia (the authorized customs body).
If the Federal Customs Service of Russia (authorized customs body) considers it necessary to extend the term for consideration of the said complaint, this term may be extended by the head of the Federal Customs Service of Russia (head of the authorized customs body) or persons replacing them, but not more than for one more month, which is reported to the person complainant, in writing, stating the reasons for the extension.
77. The decision of the Federal Customs Service of Russia (the authorized customs authority) on a complaint against a decision, action (omission) is made in writing.
Based on the results of consideration of a complaint against a decision, action (inaction) of the FCS of Russia (authorized customs body):
1) recognizes the contested decision, action (inaction) as lawful and refuses to satisfy the complaint;
2) declares unlawful the contested decision, action (inaction) in full or in part and makes a decision to satisfy the complaint in full or in part.
A copy of the decision adopted as a result of consideration of a complaint against a decision, action (omission) shall be sent to the person who filed the said complaint within the time period provided for in paragraph 76 of the Regulations.
78. The decision of the Federal Customs Service of Russia (authorized customs body) on a complaint against a decision, action (inaction), as well as the decision of the Federal Customs Service of Russia (authorized customs body) to refuse to consider a complaint against a decision, action (inaction) on the merits may be appealed to the court, court of Arbitration.
79. The procedure for filing, considering and resolving complaints filed with courts and arbitration courts is determined by the legislation of the Russian Federation on civil proceedings and legal proceedings in arbitration courts.
80. The applicant has the right to appeal against the actions (inaction) of an official, as well as decisions made by him in the provision of public services for making a preliminary decision to a court of general jurisdiction in civil proceedings, to an arbitration court in proceedings in arbitration courts within three months from the date, when the applicant became aware of the violation of his rights and freedoms.
Appendix No. 1
and the customs
Granting authorities
preliminary decisions
by classification of goods
Customs Union
DIRECTORY OF CUSTOMS AUTHORITIES
┌───┬──────────────────────────────────────────────────── ──────────┬─────────────────────────────────────────── ────────────┬──────────────────┐ │ N │ Name │ Place │ Postal │ Schedule │ Reference │ Registration │ Registration │ Information about . ) │ (telephone) │ inquiry │ │ │ │ │ calls │ │ │ │ │ (telephone) │ ├───┼────────────────────────── ──────┼──────────────────────────────────────────────┼ ─────────────────┼───────────────────────────────── ──┤ │ 1 │ 2 │ 3 │ 4 │ 5 │ 6 │ 7 │ 8 │ 9 │ ├───┼─────────────────────────────────── ──────┼──────────────────────────────────────────────┼ ─────────────────┼───────────────────────────────── ──┤ │ 1 │Far East│st. Gogol, │ st. Gogol, │Monday│8 4232 308 228 │8 4232 308 279 │8 4232 308 379 │8 4232 308 342 │ │ │customs │d. 48, city │d. 48, city │- Thursday -│8 4232 308 227 │ 8232 308 269 │ │8 4232 308 937 │ │ │ management │Sladivostok, │Vladivostok, │8.30 - │ │ │ │ │ │ │ │Rimor │Rimor │17.30 . │ │ │ │ │ │ │ │Kray, 690014 │Kray, 690014 │Peaters - │ │ │ │ │ │ │ │ │8.30 - │ │ │ │ │ │ │ │ │ │16.15. break │ │ │ │ │ │ │ │ │ │ │-│ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ ├───────── ──────────┼────────────────────────────────────────── ┼────────────────┼─────────────────────────────────── ──┼──────────────────┤ │ 2 │Privolzhskoe │ul. Pushkin, │ st. Pushkin, │Monday│8 831 296 02 28 │8 831 296 03 87 │8 831 296 03 87 │8 831 296 03 57 │ │ │ customs │d. 8, city │d. 8, │- Thursday -│ │ │ │8 831 296 04 57 │ │ │administration │Nizhny │Nizhny │8.30 - │ │ │ │ │ │ │ │Novgorod, │1Novgorod, │3.3. Friday - Friday break │ │ │ │ │ │ │ │ │ │ │-│ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ ├───────── ──────────┼────────────────────────────────────────── ┼────────────────┼─────────────────────────────────── ──┼─────────────────┤ │ 3 │North-West│Embankment │Embankment │Monday│8 812 640 3 27 │8 812 640 32 96 │8 812 640 32 99 │8 812 640 83 69 │ │ │customs │Kutuzova, d. │Kutuzova, d. . 00 - │ │ │ │8 812 640 34 71 │ │ │ │Petersburg, │Petersburg, │18.00. │ │ │ │8 812 640 34 62 │ │ │ │191187 │191187 │ │ │ │ │ │ │ │ │ │ │ │ 9.00 - │ │ │ │ │ │ │ │ │ │16.45. │ │ │ │ │ │ │ │ │ │break - │ │ │ │ │ │ │ │ │ │13.00 - │ │ │ │ │ │ │ │ │ 3.3.3. │ │ │ │ │ │ │ │ │ │ │-│ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ ├───────── ──────────┼────────────────────────────────────────── ┼────────────────┼─────────────────────────────────── ──┼──────────────────┤ │ 4 │ Siberian │ st. │str. │ Only . 74, city │d. 74, city │8.30 - │ │ │ │ │ │ │ │Novosibirsk, │Novosibirsk, │17.30. Friday - Friday │ │ │ │ │ │ │ │ │ │break - │ │ │ │ │ │ │ │ │ │13.00 - │ │ │ │ │ │ │ │ │ 3.4 │ │ │ │ │ │ │ │ │ │ │-│ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ ├───────── ──────────┼────────────────────────────────────────── ┼────────────────┼─────────────────────────────────── ──┼─────────────────┤│ 5 8 495 276 30 75 │ │ │ │107140 │107140 │18.00. │ │ │ │ │ │ │ │ │ │Friday - │ │ │ │ │ │ │ │ │ │9.00 - │ │ │ │ │ │ │ │ │ 6.4 │ │ │ │ │ │ │ │ │ │break - │ │ │ │ │ │ │ │ │ │12.30 - │ │ │ │ │ │ │ │ │ 1.1.5 │ │ │ │ │ │ │ │ │ │ │-│ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ ├───────── ──────────┼────────────────────────────────────────── ┼────────────────┼─────────────────────────────────── ──┼──────────────────┤ │ 6 │ South │ st. │str. │Monday│8 863 240 54 84,│8 863 250 92 77, │8 863 250 93 89 │8 863 250 93 90 │ │ │customs │Beregovaya, d. 92 27,│8 863 250 94 45, │ │ │ │ │management │21/2, r. │Rostov-on- │Rostov-on- │17.30. │ │ │ │ │ │ │ │Donu, 344002 │Don, 344002 │ Satoker - │ │ │ │ │ │ │ │ │ │8.30 - │ │ │ │ │ │ │ │ │16.15. │ │ │ │ │ │ │ │ │ │break - │ │ │ │ │ │ │ │ │ │12.30 - │ │ │ │ │ │ │ │ │ 1.1.5 │ │ │ │ │ │ │ │ │ │ │-│ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ ├───────── ──────────┼────────────────────────────────────────── ┼────────────────┼─────────────────────────────────── ──┼──────────────────┤ │ 7 │Uralskoe │ul. Sheikman, st. Sheikman,│Monday│8 343 371 95 41 │8 343 3 595 382, │ 343 3 595 263.│ 8 343 3 595 293 31, city │d. 31, G. - Friday -│ │ 8 343 3 595 354 │8 343 261 42 72 │8 343 371 95 46 │ │ │ management │Katerinburg, │Katerinburg, │9.00 - │ │ │ │ │ │ │ │620014 │ 620014 │18.00. │ │ │ │ │ │ │ │ │ │break - │ │ │ │ │ │ │ │ │ │13.00 - │ │ │ │ │ │ │ │ │ 3.4 │ │ │ │ │ │ │ │ │ │ │-│ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ ├───────── ──────────┼────────────────────────────────────────── ┼────────────────┼─────────────────────────────────── ──┼──────────────────┤ │ 8 │ Central │ st. │str. │ Only │ │customs │d. 9, Moscow, │d. 9, Moscow, │9.00 - │ │ │ │8 499 940 13 96 │ │ │ │119034 │119034 │18.00. │ │ │ │ │ │ │ │ │ │break - │ │ │ │ │ │ │ │ │ │13.00 - │ │ │ │ │ │ │ │ │ 3.4 │ │ │ │ │ │ │ │ │ │ │-│ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ └───────── ──────────┴────────────────────────────────────────── ┴────────────────┴──────────────────────────────────── ──┴───────────────────┘Appendix No. 2
to the administrative regulation
Federal Customs Service
and the customs
bodies providing
public services for the adoption
preliminary decisions
by classification of goods
according to the unified commodity nomenclature
foreign economic activity
Customs Union
(SAMPLE)
To the Head (Deputy Head) of the Department of Commodity Nomenclature (Head (Deputy Head) of the Customs Authority) APPLICATION for making a preliminary decision on the classification of goods postal address (for individuals) / location of the legal entity and its postal address _________________________________________________________________________________ TIN _________________________________________________________________________________ series, passport number, by whom and when issued (for individuals) Detailed description of goods The full commercial name, company name, main technical, commercial characteristics of the goods and other information that allows unambiguous classification of the goods are indicated, for example: purpose, standard, grade, brand, model, article, material from which the goods are made, functions performed by the goods, description individual and transport containers. If necessary, photographs, drawings, drawings, product passports, samples and samples of goods and other documents are submitted for making a preliminary decision. Appendix: (list of documents and their number) _________________ _____________________________ _____________________________ (position) (signature of the applicant) (full name) (stamp) Date
Appendix No. 3
to the administrative regulation
Federal Customs Service
and the customs
bodies providing
public services for the adoption
preliminary decisions
by classification of goods
according to a single TN VED CU
FLOW DIAGRAM FOR PRELIMINARY DECISION MAKING
┌───────────────────────────────────────────────── ──────────────┐ │The applicant submits an application for a preliminary decision│ │ (hereinafter referred to as the Application) │ └──────────────────────────────────────────────── ──────────────────────────────────────────── \/ ┌─────────────────────────────────────── ──────────────────────────┐ │ Management. Consideration of the Application │ │RTU. Consideration of the Application for │ │ for the sufficiency of the submitted │ │subject of establishing the fact │ │information for the adoption of a preliminary │ │attribution of goods to a group or │ │ decision │ │section of the TN VED TS, according to which │ └────────── ──────────────────────────────┘ │granted the right to make │ /\ │preliminary decisions on │ / \ │subject of sufficiency │ / \ │provided information for │ / \ │adoption of a preliminary │ / \ │decision │ / \ └────────┬───────────────┬─────── ┘ / \ ┌──────────────────────────┘ │ \/ \/\/ \/ ┌────────── ─┐ ┌────────────┐ ┌─────────────────── ─┐ │ Information │ │ Information │ │RTU has no right│<───┤ Сведений │ │достаточно│ │недостаточно│ │принимать решение │ │ достаточно │ └─┬────────┘ └─────┬──────┘ ├──────────────────┘ └───────────┬──┘ │ │ │ /\ │ │ │ │ ┌───────────────────────────┘ \/ │ │ │ │ ┌─────────────────┐ │ \/ │ │ │ РТУ имеет право │ │ ┌───────────────┐ │ │ │принимать решение│ │ │ Заявителю │ │ │ └───────────┬─────┘ │ │ направляется │ │ │ │ │ ┌───┤ уведомление о │ │ │ \/ │ │ │ представлении │ │ │ ┌─────────────────┐ │ │ │дополнительной │ │ │ │ Проверка базы │ │ │ │ информации │ │ │ │ предварительных │ │ │ └─────┬─────────┘ │ │ │ решений │ │ │ │ │ │ └─────────────────┘ \/ │ \/ │ │ /\ ┌────────────────┐ │ ┌──────────────┐ │ │ / \ │ Подготовка и │ │ │ Заявитель ├─┼──┘ \/ \/ │ принятие │<────┼────┤ присылает │ │ ┌────────────┐ ┌────────────────┐ ┌───────────────┐ │предварительного│ │ │дополнительную│ │ │Правильность│ │ Наличие │ │ Отсутствует │ │ решения │ │ │ информацию │ │ │действующего│ │ действующего │ │предварительное│ │ │ │ └──────────────┘ │ │ решения │<──┤предварительного│ │ решение │ │ │ │ │ │ вызывает │ │ решения │ │ │ │ │ │ ┌──────────────┐ │ │ сомнение │ └────────┬───────┘ └────────┬──────┘ │ │ └───>No answer ───────────────────┐ ┌────────────────┐ │ │ │<──────────────┼───────────┤ Заявление и │ │ Правильность │ │ └──────┬─────────┘ │ │сопроводительное │ │ решения │ │ │ │ │письмо в Управление│ │ не вызывает │ \/ \/ \/ │ с обоснованным │ │ сомнения │ ┌────────────────┐ ┌─────────────────┐ ┌──────────────┐ │ мнением по │ └──────┬───────┘ │ Подготовка и │ │ Направление │ │ Заявителю │ │ классификации │ │ │ принятие │ │предварительного │ │ направляется │ │ товара │ \/ │предварительного│ │ решения │ │ решение об │ └───────────────────┘ ┌────────────────┐ │ решения │ │ Заявителю │ │ отклонении │ │ Запрос не │ └────────┬───────┘ │ │ └──────────────┘ │рассматривается,│ │ │ │ │ Заявителю │ │ └─────────────────┘ │ отправляется │ │ /\ │ письмо │ │ │ └────────────────┘ │ └──────────────────────────────────────────────────────────────────────────────────────┘Appendix No. 4
to the administrative regulation
Federal Customs Service
and the customs
bodies providing
public services for the adoption
preliminary decisions
by classification of goods
according to the unified commodity nomenclature
foreign economic activity
Customs Union
FLOW DIAGRAM OF ISSUING A DUPLICATE OF THE PRELIMINARY DECISION
(────────────────────────────────────────────────── Subscribe to the issuance of a preliminary decision │ ( ─────────────────┬──────────────────) ───────────────┐ │Consideration of an application for││issuance of a duplicate││preliminary decision│ ───┘ │ \/ ┌─────────────────────────┐ Duplicate Direction │ │preliminary decision│ │ Applicant │ └──────────────────────────────────────────────┘
first stage - 2002-2004
second stage - 2005-2010
1. The content of the problem and the rationale for the need to solve it by program methods
The subprogram "Provision of housing for participants in the liquidation of the consequences of radiation accidents and catastrophes", which is part of the federal target program "Housing" for 2002-2010 (hereinafter referred to as the subprogram), includes a set of measures to provide housing at the expense of the federal budget for the families of participants in the liquidation consequences of radiation accidents and catastrophes, citizens evacuated (relocated) and voluntarily left settlements exposed to radioactive contamination as a result of radiation accidents and catastrophes, and citizens from special risk units.
The accident at the Chernobyl nuclear power plant on April 26, 1986 led to pollution of more than 56 thousand square meters. kilometers of the territory of the Russian Federation. More than 52,000 citizens were relocated from radioactively contaminated territories in an organized manner or resettled independently. More than 200,000 Russian citizens took part in the liquidation of the consequences of the Chernobyl accident.
Decree of the Supreme Council of the Russian Federation of December 27, 1991 N 2123-I "On the extension of the RSFSR Law "On the social protection of citizens exposed to radiation as a result of the Chernobyl disaster" to citizens from special risk units" benefits for the provision of housing were extended to citizens from special risk units.
As a result of the activities of the production association
"Mayak" and the accident that occurred in 1957 at this association, about 23.5 thousand square meters were subjected to radioactive contamination. kilometers of the territories of the Ural region. To prevent increased exposure of the population, 18.5 thousand people were relocated from radioactively contaminated settlements to other areas. More than 10 thousand people took part in the liquidation of the consequences of the accident at the Mayak production association.
Due to incomplete funding in 1995-1997, the specified federal target program was implemented by 29.9 percent. In accordance with the decisions of the Government of the Russian Federation, the period for its implementation was extended to 1998-2000 and further to 2001. In total, in 1995-2001, 1,246 million rubles were allocated for the implementation of the program from the federal budget and 768 million rubles from the budgets of the constituent entities of the Russian Federation, while comfortable housing with a total area of 622.1 thousand square meters. m. received 15 thousand families of participants in the liquidation of the consequences of the accident at the Chernobyl nuclear power plant. However, due to an increase in the number of such families and an increase in the number of disabled people among this category of citizens, the total number of families in need of improved housing conditions has increased significantly over this period.
Provision of housing for citizens who were evacuated (relocated) and voluntarily left settlements exposed to radioactive contamination as a result of the accident at the Chernobyl nuclear power plant, citizens who participated in the aftermath of the accident at the Mayak production association and the discharge of radioactive waste into the Techa River, as well as citizens who were evacuated (relocated) and voluntarily left the settlements contaminated as a result of this accident, was carried out in accordance with the measures provided for in the Federal Target Program for the Protection of the Population of the Russian Federation from the Impact of the Consequences of the Chernobyl Disaster for the Period Until 2000, approved by the Decree of the Government of the Russian Federation dated 28 August 1997 N 1112, and the federal target program "Social and radiation rehabilitation of the population and territories of the Ural region affected by the activities of the Mayak production association, for the period up to 2000", approved Decree of the Government of the Russian Federation of May 13, 1996 N 577. However, within the framework of these federal targeted programs, the provision of housing for the listed categories of citizens was partial, since program activities were carried out only in the Bryansk, Kaluga, Oryol, Tula, Kurgan, Sverdlovsk and Chelyabinsk regions and did not apply to citizens entitled to free housing and living outside the territories of these constituent entities of the Russian Federation.
Until now, there was no mechanism for the implementation of free housing benefits provided for by the legislation of the Russian Federation for citizens from special risk units.
In 2002-2010, a partial solution to the problem of providing housing for citizens who were evacuated (relocated) and voluntarily left settlements exposed to radioactive contamination as a result of the accident at the Chernobyl nuclear power plant, as well as citizens who participated in the liquidation of the consequences of the accident at the Mayak production association and radioactive discharges waste into the Techa River, evacuated (relocated) and voluntarily left the settlements exposed to radioactive contamination as a result of the accident at this association, is provided for by the federal target program "Overcoming the consequences of radiation accidents for the period up to 2010", approved by the Decree of the Government of the Russian Federation of August 29, 2001 Mr. N 637. In the specified federal target program it is planned to improve the living conditions of 4256 families of the indicated categories of citizens. However, within the framework of this federal targeted program, only citizens living in the Bryansk, Kaluga, Orel, Tula, Kurgan, Sverdlovsk and Chelyabinsk regions will be provided with housing.
At the same time, according to the executive authorities of the constituent entities of the Russian Federation, as of January 1, 2002, there were 25,373 families of participants in the liquidation of the consequences of the Chernobyl nuclear power plant in need of better housing conditions, including 9,000 families of disabled people due to Chernobyl catastrophe and deceased invalids.
The total number of families of citizens evacuated (relocated) and voluntarily left the settlements, exposed to radioactive contamination as a result of the accident at the Chernobyl nuclear power plant, living outside the Bryansk, Kaluga, Oryol and Tula regions and in need of improved housing conditions, is 3363 families.
686 families of citizens who participated in the liquidation of the consequences of the accident at the Mayak production association and the discharge of radioactive waste into the Techa River, who were evacuated (relocated) and voluntarily left the settlements, who were exposed to radioactive contamination as a result of the accident at this production association, and who live in outside the Kurgan, Sverdlovsk and Chelyabinsk regions.
1121 families of citizens from special risk units are not provided with housing.
In total, 30,543 families of citizens belonging to these categories are registered in the executive authorities of the constituent entities of the Russian Federation and local governments in need of better housing conditions.
Participants in the liquidation of the consequences of radiation accidents and catastrophes and citizens forced to change their place of residence as a result of these accidents and catastrophes are classified by the legislation of the Russian Federation as categories of citizens whose obligation to provide housing has been assumed by the state.
The fulfillment by the state of these obligations is one of the priority problems, the solution of which is envisaged by the federal target program "Housing" for 2002-2010.
2. Purpose, objectives and timing of the implementation of the subprogram
The purpose of the subprogram is to implement the legally enshrined rights of participants in the liquidation of the consequences of radiation accidents and disasters, citizens evacuated (relocated) and voluntarily left settlements exposed to radioactive contamination due to radiation accidents and disasters, and citizens from special risk units to provide comfortable housing.
The objective of the subprogram is to provide housing at the expense of the federal budget to citizens in need of better housing conditions from among the citizens of the following categories (hereinafter referred to as participants in the subprogram):
participated in the liquidation of the consequences of the accident at the Chernobyl nuclear power plant;
evacuated (relocated) and voluntarily left the settlements exposed to radioactive contamination as a result of the accident at the Chernobyl nuclear power plant, outside the Bryansk, Kaluga, Oryol and Tula regions;
those who participated in the liquidation of the consequences of the accident at the Mayak production association and the discharge of radioactive waste into the Techa River and left the Kurgan, Sverdlovsk and Chelyabinsk regions;
evacuated (relocated) and voluntarily left the settlements exposed to radioactive contamination as a result of the accident at the Mayak production association, outside the Chelyabinsk, Sverdlovsk and Kurgan regions;
citizens from special risk units.
The subprogram will be implemented in stages in 2002-2010: the first stage - 2002-2003; the second stage - 2004-2010.
In order to implement the uniform principles of assistance in providing housing to certain categories of citizens at the expense of the federal budget, a mechanism will be developed for providing subprogram participants with targeted non-refundable subsidies, the right to receive and use which is confirmed by a state housing certificate.
3. Activities of the subprogram
The activities of the subprogram are aimed at solving the problem of providing housing for the participants of the subprogram at the expense of the federal budget.
At the first stage of the implementation of the subprogram, the solution of this task will be carried out by acquiring comfortable housing by the executive authorities of the constituent entities of the Russian Federation and providing it to the participants of the subprogram at the expense of funds allocated from the federal budget.
The amount of federal budget funds allocated for the purchase of housing to a participant in the subprogram is determined based on the size of his family, the social norm of the total living space per family, the norm of additional living space, and also taking into account the occupied premises and the cost of 1 sq. m. m of the total area of housing at the time of transfer of funds for its acquisition, but not higher than the average market value of 1 sq. meters of the total area of housing, which is determined in accordance with the established procedure for the constituent entities of the Russian Federation by the State Committee of the Russian Federation for Construction and Housing and Communal Complex.
In 2002-2003, in accordance with the main activities of the federal target program "Housing" for 2002-2010, the state's obligations to provide housing for certain categories of citizens will be clarified and uniform principles and mechanisms will be formed to support various categories of citizens at the expense of the federal budget by providing free subsidies.
During this period, the necessary regulatory legal framework will be developed related to improving the procedure for providing housing for participants in the subprogram, including amendments and additions to legislative acts establishing the right of participants in the subprogram to provide free housing at the expense of the federal budget.
At the second stage of the implementation of the subprogram, the main form of providing housing for participants in the subprogram will be the provision of gratuitous subsidies for the purchase of residential premises in accordance with established uniform principles and procedures.
4. Mechanism for the implementation of the subprogram
The implementation of the subprogram is carried out by the state customer with the participation of interested federal executive authorities and executive authorities of the constituent entities of the Russian Federation
The state customer of the subprogram develops and submits, in accordance with the established procedure, proposals for the draft forecast of the socio-economic development of the Russian Federation and budget applications for financing the subprogram at the expense of the federal budget for the coming year.
The state customer of the subprogram annually, after the approval of the federal budget and the specification on its basis of the volume of financing of the subprogram, brings to the executive authorities of the constituent entities of the Russian Federation the volumes of state capital investments and the limits of budgetary obligations provided for the implementation of the subprogramme.
The distribution of the volumes of state capital investments among the constituent entities of the Russian Federation is carried out by the state customer in proportion to the number of citizens participating in the subprogram who need to improve their living conditions and are registered with local governments on the territory of the corresponding constituent entity of the Russian Federation.
The federal budget funds provided for the implementation of the subprogram are transferred by the state customer to the constituent entities of the Russian Federation in the manner of implementing interbudgetary relations.
The state customer of the subprogram annually concludes agreements with the executive authorities of the constituent entities of the Russian Federation related to the implementation of the activities of the subprogram, indicating the amount of funding from the federal budget and attaching a list of subprogram participants who are planned to be provided with comfortable housing this year.
The executors of the subprogram in the constituent entities of the Russian Federation are the executive authorities of the constituent entities of the Russian Federation that implement the subprogram on the basis of agreements concluded with the state customer.
At the first stage of the implementation of the subprogram, the executive authorities of the constituent entities of the Russian Federation organize activities for the acquisition of housing to provide it to the participants of the subprogram.
The executive authorities of the constituent entities of the Russian Federation, with the participation of public commissions consisting of representatives of regional and local branches of the All-Russian Public Organization of the Disabled, the Union "Chernobyl" of Russia and other categories of citizens to be provided with housing under this subprogram, determine the order in which housing is provided to participants in the subprogram.
The provision of living space to the participants of the subprogram is carried out in accordance with the housing legislation of the Russian Federation and the regulatory legal acts of the constituent entities of the Russian Federation.
The amount of funds allocated from the federal budget for the provision of housing for participants in the subprogram is determined based on the social norm of the total area of the dwelling in the amount of 33 square meters. meters - for single citizens, 42 sq. meters - for a family of 2 people and 18 sq. meters for each family member with a family of 3 people or more.
For citizens who, in accordance with paragraphs 1 and 2 of part one of Article 13 and paragraph 3 of Article 14 of the Law of the Russian Federation "On the social protection of citizens exposed to radiation as a result of the Chernobyl disaster" have the right to additional living space in the form of a separate room, the amount of funds allocated from the federal budget is determined taking into account the provision of additional living space.
In the absence of standard apartments, the area of which corresponds to the estimated total area of housing provided to the participant of the subprogram, the executive authorities of the constituent entities of the Russian Federation provide a standard apartment, the total area of \u200b\u200bwhich is as close as possible to the estimated total area.
Acquisition of housing to provide it to the participants of the subprogram is carried out in the primary or secondary housing market from legal entities or individuals, including the acquisition of individual residential buildings (parts of the house) that meet the established sanitary and technical requirements and are landscaped taking into account the conditions of the given settlement (including in rural areas). terrain).
At the second stage of the implementation of the subprogram, starting from 2004, it is planned to start implementing measures to provide housing for participants in the subprogram in accordance with the established uniform principles and procedures for providing all categories of citizens with gratuitous subsidies for the purchase of residential premises at the expense of the federal budget. In this regard, the state customer of the subprogram, with the participation of other interested federal executive authorities, will develop the necessary regulatory legal documents, including the procedure for providing subprogram participants with targeted gratuitous subsidies, the right to receive and use which is confirmed by a state housing certificate.
5. Resource support of the subprogram
The total amount of funding for the subprogram in 2002-2010 from the federal budget is 1,236.5 million rubles.
The annual volumes of funding for the activities of the subprogram will be specified based on the possibilities of the federal budget for the corresponding year.
The distribution of funds allocated from the federal budget for the implementation of the subprogram by the constituent entities of the Russian Federation is presented in Appendix No. 1.
In addition, the executive authorities of the constituent entities of the Russian Federation and local governments interested in the implementation of the subprogram are recommended to take part in its financing at the expense of the relevant budgets.
6. Organization of management and control over the implementation of the subprogram
The organization of management of the implementation of the subprogram and control over the course of its implementation are entrusted to the state customer of the subprogram.
The executive authorities of the constituent entities of the Russian Federation quarterly submit to the state customer of the subprogram information on the progress of its implementation in the forms established by it. The state customer of the subprogram summarizes this information and quarterly submits a summary report on the progress of the subprogram implementation to the state customer - the coordinator of the federal target program "Housing" for 2002-2010.
7. Evaluation of the effectiveness and socio-economic consequences of the implementation of the subprogram
Monitoring of the progress of the subprogram, as well as an assessment of the effectiveness and socio-economic consequences of its implementation will be carried out on the basis of a system of indicators provided for by the federal target program "Housing" for 2002-2010 in the relevant sections.
The assessment of the volume and effectiveness of the implementation of state obligations to provide housing for participants in the subprogram will be based on the following indicators:
the share of citizens who have improved their living conditions in the total number of citizens eligible for support from the federal budget, for certain categories of citizens;
budget expenditures for providing housing for one recipient of state support.
It is proposed to evaluate the progress of the subprogram implementation in the regions annually with the provision of information on the results achieved to the state customer by February 1 of the year following the reporting one.
As a result of the implementation of the subprogram, it is planned to provide comfortable housing at the expense of the federal budget for at least 3,400 families of participants in the liquidation of the consequences of radiation accidents and catastrophes, citizens who were evacuated (relocated) and voluntarily left settlements exposed to radioactive contamination due to radiation accidents and catastrophes, and citizens from subdivisions of special risk in need of better living conditions.
The expected results of providing housing for the participants of the subprogram at the expense of the federal budget are presented in Appendix No. 2.
DISTRIBUTION OF THE FUNDS ALLOCATED FROM THE FEDERAL BUDGET FOR THE IMPLEMENTATION OF THE SUBPROGRAM
(million rubles)
| 2002-2010 - total | Including | |||||
| 2002 | 2003 | 2004 | 2005-2010 - total | including 2010 | ||
| State capital investments - total | 1236,5 | 66,5 | 76 | 87 | 1007 | 215 |
| including: | ||||||
| Republic of Adygea | 7,33 | 0,44 | 0,49 | 0,54 | 5,86 | 1,3 |
| Altai Republic | 1,35 | 0,15 | 0,15 | 0,15 | 0,9 | 0,15 |
| Republic of Bashkortostan | 24,44 | 1,3 | 1,49 | 1,71 | 19,94 | 4,26 |
| The Republic of Buryatia | 1,78 | 0,15 | 0,15 | 0,15 | 1,33 | 0,29 |
| The Republic of Dagestan | 50,47 | 2,68 | 3,04 | 3,53 | 41,22 | 8,83 |
| The Republic of Ingushetia | 4,71 | 0,3 | 0,33 | 0,36 | 3,72 | 0,85 |
| Kabardino-Balkarian Republic | 5,99 | 0,32 | 0,37 | 0,42 | 4,88 | 1,04 |
| Republic of Kalmykia | 10,29 | 0,54 | 0,61 | 0,68 | 8,46 | 1,85 |
| Karachay-Cherkess Republic | 7,84 | 0,42 | 0,48 | 0,55 | 6,39 | 1,36 |
| Republic of Karelia | 9,3 | 0,5 | 0,57 | 0,65 | 7,58 | 1,62 |
| Komi Republic | 14,24 | 0,76 | 0,87 | 1 | 11,61 | 2,48 |
| Mari El Republic | 11,14 | 0,64 | 0,72 | 0,81 | 8,97 | 1,97 |
| The Republic of Mordovia | 10,6 | 0,56 | 0,63 | 0,7 | 8,71 | 1,9 |
| The Republic of Sakha (Yakutia) | 2,67 | 0,15 | 0,16 | 0,19 | 2,17 | 0,46 |
| Republic of North Ossetia - Alania | 7,48 | 0,4 | 0,46 | 0,52 | 6,1 | 1,3 |
| Republic of Tatarstan | 27,2 | 1,45 | 1,66 | 1,91 | 22,18 | 4,74 |
| Udmurt republic | 27,04 | 1,5 | 1,65 | 1,89 | 22 | 4,7 |
| The Republic of Khakassia | 1,7 | 0,15 | 0,15 | 0,15 | 1,25 | 0,27 |
| Chuvash Republic | 16,16 | 0,86 | 0,99 | 1,13 | 13,18 | 2,82 |
| Altai region | 13,27 | 0,71 | 0,81 | 0,93 | 10,82 | 2,31 |
| Krasnodar region | 55,32 | 2,95 | 3,38 | 3,88 | 45,11 | 9,64 |
| Krasnoyarsk region | 14,58 | 0,78 | 0,89 | 1,02 | 11,89 | 2,54 |
| Primorsky Krai | 5,17 | 0,28 | 0,32 | 0,36 | 4,21 | 0,9 |
| Stavropol region | 21,82 | 1,05 | 1,42 | 1,46 | 17,89 | 3,55 |
| Khabarovsk region | 2,35 | 0,15 | 0,15 | 0,16 | 1,89 | 0,4 |
| Amurskaya Oblast | 4,55 | 0,24 | 0,28 | 0,32 | 3,71 | 0,79 |
| Arhangelsk region | 10,02 | 0,53 | 0,61 | 0,7 | 8,18 | 1,75 |
| Astrakhan region | 14,34 | 0,76 | 0,85 | 0,96 | 11,77 | 2,55 |
| Belgorod region | 23,28 | 1,23 | 1,4 | 1,69 | 18,96 | 4,01 |
| Bryansk region | 23,87 | 1,27 | 1,46 | 1,67 | 19,47 | 4,16 |
| Vladimir region | 11,84 | 0,63 | 0,72 | 0,83 | 9,66 | 2,06 |
| Volgograd region | 37,21 | 1,98 | 2,27 | 2,61 | 30,35 | 6,49 |
| Vologda Region | 8,99 | 0,48 | 0,55 | 0,63 | 7,33 | 1,57 |
| Voronezh region | 26,5 | 1,41 | 1,62 | 1,86 | 21,61 | 4,62 |
| Ivanovo region | 8,6 | 0,46 | 0,53 | 0,6 | 7,01 | 1,5 |
| Irkutsk region | 8,45 | 0,45 | 0,52 | 0,59 | 6,89 | 1,47 |
| Kaliningrad region | 15,12 | 0,81 | 0,92 | 1,06 | 12,33 | 2,64 |
| Kaluga region | 15,42 | 0,82 | 0,94 | 1,08 | 12,58 | 2,69 |
| Kamchatka region | 1,35 | 0,15 | 0,15 | 0,15 | 0,9 | 0,15 |
| Kemerovo region | 15,08 | 0,8 | 0,92 | 1,06 | 12,3 | 2,63 |
| Kirov region | 32,31 | 1,89 | 2,15 | 2,44 | 25,83 | 5,59 |
| Kostroma region | 9,83 | 0,52 | 0,6 | 0,69 | 8,02 | 1,71 |
| Kurgan region | 11,18 | 0,6 | 0,68 | 0,78 | 9,12 | 1,95 |
| Kursk region | 12,17 | 0,64 | 0,72 | 0,81 | 10 | 2,07 |
| Leningrad region | 16,32 | 0,87 | 1 | 1,14 | 13,31 | 2,84 |
| Lipetsk region | 15,32 | 0,82 | 0,94 | 1,07 | 12,49 | 2,67 |
| Magadan Region | 1,35 | 0,15 | 0,15 | 0,15 | 0,9 | 0,15 |
Decree of the Government of the Russian Federation of December 13, 2006 N 760
"On Approval of the Rules for the Connection and Interaction of Communication Networks for the Distribution of Television Broadcasting and Radio Broadcasting Programs"
Based on Article 18 of the Federal Law "On Communications", the Government of the Russian Federation decides:
To approve the attached Rules for the connection and interaction of communication networks for the distribution of television broadcasting and (or) radio broadcasting programs and to enter into force on March 1, 2007.
rules
connection and interaction of communication networks for the distribution of television broadcasting and (or) radio broadcasting programs
(approved by Decree of the Government of the Russian Federation of December 13, 2006 N 760)
With changes and additions from:
I. General provisions
1. These Rules determine the procedure for connecting communication networks for the distribution of television broadcasting and (or) radio broadcasting programs (hereinafter referred to as television and radio broadcasting) and their interaction, the procedure for connecting communication networks for the distribution of television and radio broadcasting programs (hereinafter referred to as the television and radio broadcasting communication network) and their interaction with the television and radio broadcasting communication network operator of a television and radio broadcasting communication network, which is an operator occupying a significant position in a public communication network (hereinafter referred to as the operator of a television and radio broadcasting communication network, which occupies a significant position), as well as the essential conditions for the connection of such networks and their interaction.
2. The television and radio broadcasting communication network is part of the public communication network, determined by the technology for implementing the provision of communication services, and includes:
a) terrestrial television and radio broadcasting networks;
b) cable television and radio broadcasting networks;
c) satellite broadcasting networks;
d) wire broadcasting networks.
3. The concepts used in these Rules mean the following:
a) "broadcaster" - a user of communication services for the purposes of television and radio broadcasting, who compiles television programs and (or) radio programs for their reception by an indefinite number of persons and, on the basis of a broadcasting license, distributes them or ensures their distribution in full and unchanged form by a third party;
b) "connection of communication networks of television and radio broadcasting"- the establishment of technical and technological interaction between the means of communication of two communication networks of television and radio broadcasting, in which it becomes possible to pass the signals of television programs and (or) radio programs between these networks, bypassing other communication networks;
in) "television signal"- an electrical signal of a television broadcasting and (or) radio broadcasting program, the technological parameters of which are determined by the broadcaster in accordance with technical norms and standards;
G) "attachment point"- means of communication that are part of one television and radio broadcasting communication network, through which the physical connection of communication means of another television and radio broadcasting communication network is carried out and the possibility of transmitting TV and radio program signals between these networks is provided.
II. Procedure for connection of television and radio broadcasting communication networks
4. The connection of television and radio broadcasting communication networks and their interaction is carried out on the basis of an agreement concluded by the operators of these communication networks on the connection of such networks (hereinafter referred to as the connection agreement) and in compliance with the requirements established by the legislation of the Russian Federation, including these Rules.
5. Operators of TV and radio broadcasting communication networks shall render connection services to operators of any TV and radio broadcasting communication networks specified in paragraph 2 of these Rules.
6. Operators of TV and radio broadcasting communication networks are obliged to organize connection points in compliance with the requirements for the construction of TV and radio broadcasting communication networks.
7. The service of connection of TV and radio broadcasting communication networks provided by the TV and radio broadcasting communication network operator includes:
a) coordination of design and estimate documentation required by another operator of the television and radio broadcasting communication network for the implementation of the conditions established by the accession agreement for connecting the television and radio broadcasting communication network and passing the signals of television and radio programs;
b) installation and adjustment of communication facilities that form the connection point;
c) connection of the television and radio broadcasting communication network;
d) maintenance of the means of communication forming the connection point during the term of the agreement on accession.
8. In the connection agreement, agreement must be reached with respect to all essential conditions for the connection of television and radio broadcasting communication networks and their interaction, provided for in Section IV of these Rules.
9. The relations of operators of television and radio broadcasting communication networks on the conclusion of an agreement on connection, with the exception of cases when one of them is the operator of a television and radio broadcasting communication network, which occupies a significant position, are subject to the rules for sending an offer and receiving an acceptance, provided for by the civil legislation of the Russian Federation.
10. When putting into operation new means of communication, introducing new technological solutions in its TV and radio broadcasting communication network, decommissioning or upgrading obsolete communication means, which significantly affects the conditions for connecting other TV and radio broadcasting communication networks and transmitting TV and radio program signals, the corresponding operator of the TV and radio broadcasting communication network is obliged notify the operators of interacting networks in advance.
11. The operator of the television and radio broadcasting communication network is obliged to ensure the possibility of passing the signals of television and radio programs from the broadcaster to the operator of the interacting communication network of television and radio broadcasting while maintaining the technological parameters of the signals of television and radio programs.
12. Operators of television and radio broadcasting communication networks keep records of services for the passage of signals of television and radio programs based on the amount of information transmitted or the bandwidth of the communication line connecting the interacting networks.
13. The connection of television and radio broadcasting communication networks and their interaction is carried out if the communication operators of such networks have agreements on the distribution of television and radio broadcasting programs with the same broadcaster or its legal representative.
III. The procedure for connecting TV and radio broadcasting communication networks and their interaction with the TV and radio broadcasting communication network of the operator of the TV and radio broadcasting communication network, which occupies a significant position
14. The features of concluding an agreement on connection provided for by the Federal Law "On Communications" and this section apply to operators of television and radio broadcasting communications networks included in the register of operators occupying a significant position in the public communications network (hereinafter referred to as the register), which is maintained by the Federal Service for supervision in the field of communications, information technology and mass communications in accordance with the regulation on maintaining the register, approved by the Ministry of Digital Development, Communications and Mass Media of the Russian Federation.
15. In order to ensure non-discriminatory access to the market of communications services in similar circumstances, the operator of the television and radio broadcasting communication network, which occupies a significant position, is obliged to establish equal conditions for the connection of television and radio broadcasting communication networks and the transmission of signals of television and radio programs for communication operators providing similar services, as well as to provide information and provide these telecom operators for connection services and services for passing TV and radio program signals on the same conditions and of the same quality as for their structural divisions and (or) affiliates.
16. An operator of a television and radio broadcasting communication network, which occupies a significant position on the territory of several constituent entities of the Russian Federation, establishes the conditions for connecting television and radio broadcasting communication networks and transmitting signals of television and radio programs separately on the territory of each constituent entity of the Russian Federation.
17. The operator of the television and radio broadcasting communication network, which occupies a significant position, is obliged, within a period not exceeding 90 days from the date of receipt of notification of its inclusion in the register, to establish the conditions for connecting television and radio broadcasting communication networks and passing the signals of television and radio programs, including the conditions for using the agreements on accession of property (including linear-cable and other communication facilities). Such conditions are established for all connection services and services for the transmission of TV and radio program signals.
18. Within 7 days after the establishment of the conditions for connecting television and radio broadcasting communication networks and passing the signals of television and radio programs, the operator of the television and radio broadcasting communication network, which occupies a significant position, publishes these conditions in the industry media determined by the Ministry of Digital Development, Communications and Mass Communications of the Russian Federation, and sends these conditions to the Federal Service for Supervision of Communications, Information Technology and Mass Communications.
19. If the Federal Service for Supervision in the Sphere of Communications, Information Technologies and Mass Media, on its own or at the request of operators of television and radio broadcasting communications networks, finds a discrepancy between the conditions for connecting television and radio broadcasting communications networks and passing signals of television and radio programs established by the operator of a television and radio broadcasting communications network, which occupies a significant position, with these Rules or other normative legal acts in the field of communications, the said Service shall send to such operator of the television and radio broadcasting communications network, which occupies a significant position, a reasoned order to eliminate the detected inconsistencies.
20. Within 30 days from the date of receipt of the order of the Federal Service for Supervision in the Sphere of Communications, Information Technologies and Mass Media, the TV and radio broadcasting communication network operator, which occupies a significant position, is obliged to establish and publish new conditions for connecting TV and radio broadcasting communication networks and transmitting TV and radio program signals.
21. An operator of a television and radio broadcasting communication network that intends to receive connection services and services for passing TV and radio program signals provided by a television and radio broadcasting communication network operator that occupies a significant position, when sending such an operator an offer to conclude an agreement on connection, is not entitled to offer conditions for connecting television and radio broadcasting communication networks and passing signals TV and radio programs other than published conditions.
22. An operator of a television and radio broadcasting communication network, holding a significant position, having received an offer to conclude a connection agreement, sends, within a period not exceeding 30 days from the date of its receipt, to the offeror an acceptance containing a draft agreement on connection, or a reasoned refusal to conclude such an agreement.
23. Refusal of the TV and radio broadcasting communication network operator, which occupies a significant position, from concluding an agreement on connection is not allowed, except in cases where the connection of TV and radio broadcasting communication networks and their interaction contradicts the terms of licenses issued to operators of the TV and radio broadcasting communication network, or regulatory legal acts that determine the construction and functioning of the unified telecommunications network of the Russian Federation.
THE GOVERNMENT OF MOSCOW RESOLUTION dated December 16, 2014 N 760-PPOn amendments to the Decree of the Government of Moscowdated August 28, 2013 N 566-PPIn order to best meet the educational needs and interests of Moscow residents in affordable and high-quality specialized education, the Moscow Government decides:1. Amend the Decree of the Government of Moscow dated August 28, 2013 N 566-PP "On conducting a pilot project in the city of Moscow to organize specialized training in federal state educational institutions of higher education located on the territory of the city of Moscow":1.1. In the title and text of the resolution, the word "federal" in the appropriate cases should be deleted.1.2. In paragraph 6 of the resolution, the words "acting" shall be deleted.1.3. In annex 1 to the decision:1.3.1. In the title, paragraphs 1, 6.3, the word "federal" shall be deleted.1.3.2. Paragraph 2 shall be stated in the following wording:"2. Admission of citizens to a state educational organization of higher education that has declared participation in the Pilot Project and accepted the Terms of the Pilot Project (hereinafter also referred to as the educational organization, the participant of the Pilot Project), for training in educational programs of basic general, secondary general education (9- 11 grades) within the framework of the implementation of the Pilot Project is carried out in accordance with federal legislation on the basis of selection based on the results of educational activities and (or) an interview conducted in order to identify students' interest in in-depth study of the relevant academic subject and students' inclinations for profile training in the relevant academic subjects.The results of the educational activities of students include:- the results of participation in the Moscow Olympiad for schoolchildren, in the municipal stage of the All-Russian Olympiad for schoolchildren in the city of Moscow (winner / prize-winner) for those entering the main educational program of basic general education;- the results of the state final certification of students in the subjects of the relevant profiles, the results of participation in the stages of the All-Russian Olympiad for schoolchildren for those entering the main educational program of secondary general education.Educational organizations have the right to establish the minimum number of points received by students at the state final attestation in general education subjects corresponding to the profile of training in an educational organization, necessary for admission to an educational organization.1.3.3. In paragraph 6.2, the word "main" shall be deleted, the words "average general" shall be replaced by the words "main general, average general".1.3.4. In paragraph 8.2, the word "main" shall be deleted, the words "average general" shall be replaced by the words "main general, average general".1.3.5. In the second paragraph of clause 9 the word "institutions" shall be replaced by the word "organizations".1.3.6. In paragraph 15, the words "average general" shall be replaced by the words "basic general, average general".1.3.7. In paragraph 16, the words "standards of financial provision of public services for the provision of primary general, basic general, secondary (full)" shall be replaced by the words "standard costs for the provision of public services for the implementation of educational programs of primary general, basic general, secondary".1.4. In the title, paragraphs 2, 3 of Appendix 2 to the resolution, the word "federal" shall be deleted.1.5. In paragraph 1 of Appendix 2 to the resolution, the words "secondary general education in federal" shall be replaced by the words "basic general, secondary general education in".1.6. Appendix 2 to the resolution shall be supplemented with paragraph 1(1) as follows:"1(1). Implementation of the main educational program of basic general education in a separate building that meets the sanitary and epidemiological requirements for the building of a general education organization.".1.7. In paragraph 4 of Annex 2 to the resolution, the word "main" shall be deleted, the words "average general" shall be replaced by the words "main general, average general".1.8. In the title of Annex 3 to the resolution, the word "federal" shall be deleted.1.9. In paragraphs 1, 6 of Annex 3 to the resolution, the word "federal" in the appropriate numbers and cases should be deleted.1.10. In paragraph 3 of Appendix 3 to the resolution, the words "federal", "in the 10th grade", "10th grade" shall be deleted.1.11. Appendix 3 to the resolution shall be supplemented with paragraph 3(1) as follows:"3(1). The share of graduates who received in core subjects at the main state exam scores not lower than the average for the city of Moscow, of the number of graduates who took exams in core subjects, is not less than 80%."2. Control over the implementation of this resolution shall be entrusted to the Deputy Mayor of Moscow in the Moscow Government for Social Development Pechatnikov L.M. Mayor of Moscow S.S. Sobyanin
In accordance with the Federal Law "On Insolvency (Bankruptcy)", the Government of the Russian Federation decides:
1. Approve the attached acceptances of the opinion on the possibility or impossibility of transferring the property and obligations of the developer to a person who intends to become an acquirer.
2. Establish that the implementation by the Ministry of Construction and Housing and Communal Services of the Russian Federation of the powers provided for by this resolution is carried out within the established maximum staffing of the Ministry and the budgetary allocations provided for by the Ministry in the federal budget for leadership and management in the field of established functions.
rules
making an opinion on the possibility or impossibility of transferring the property and obligations of the developer to a person who intends to become an acquirer
(approved by the Government of the Russian Federation of August 9, 2016 No. 760)
1. These Rules establish the procedure for the adoption by the Ministry of Construction and Housing and Communal Services of the Russian Federation of a conclusion on the possibility or impossibility of transferring the property and obligations of the developer, in respect of which the procedures of financial rehabilitation, external management, bankruptcy proceedings are applied, to a person who intends to become the acquirer of objects of construction in progress and land plots (rights to land plots) intended for placement of objects of construction in progress, and fulfill the obligations of the developer to construction participants who have requirements for the transfer of residential premises (hereinafter, respectively - the developer, acquirer, conclusion), and the list of grounds for making the conclusion.
2. The opinion is adopted by the Ministry of Construction and Housing and Communal Services of the Russian Federation on the basis of a statement of intent submitted by the acquirer in accordance with Article 201.15-1 of the Federal Law "On Insolvency (Bankruptcy)" (hereinafter referred to as the statement of intent), with the following documents attached:
a) a certificate of cash balances on the acquirer's settlement accounts with credit institutions;
b) an extract from the Unified State Register of Legal Entities containing information about the acquirer (if the acquirer fails to submit such a document, the Ministry of Construction, Housing and Communal Services of the Russian Federation requests it independently);
c) copies of the acquirer's income tax declarations for the last tax and reporting periods preceding the moment of filing the declaration of intent;
d) a certificate on the fulfillment by the taxpayer (payer of the fee, tax agent) of the obligation to pay taxes, fees, penalties, fines and interest;
e) information about capital construction facilities, construction permits for which were issued to the acquirer for the last 3 years preceding the year of filing the statement of intent, containing information on the date of commencement and completion of construction, on construction permits (commissioning) and on the authority that issued them , on the planned date of putting the objects into operation and the location of the objects;
f) information on the presence (absence) of the acquirer of violations of the requirements of the legislation of the Russian Federation on participation in shared construction of apartment buildings and (or) other real estate objects. If there was a fact of bringing the acquirer (a person exercising managerial functions) to administrative responsibility for violating the legislation of the Russian Federation on participation in shared construction of apartment buildings and (or) other real estate objects, it is necessary to indicate the basis for imposing an administrative penalty and the details of the relevant resolution;
g) information on the presence (absence) among the founders (participants) of the acquirer of persons who have a criminal record for crimes in the field of economics;
h) information on the presence (absence) among the founders (participants) of the acquirer of persons brought in accordance with the Federal Law "On Insolvency (Bankruptcy)" to joint and several and (or) subsidiary liability for the obligations of another legal entity within one year from the date of fulfillment of obligations arising from the joint and/or subsidiary liability of such a person;
i) annual accounting (financial) statements of the acquirer for 3 years preceding the year of filing the declaration of intent, interim accounting (financial) statements for the year in which the declaration of intent is submitted;
j) an auditor's report, if the legislation of the Russian Federation provides for a mandatory audit in respect of the acquirer's accounting (financial) statements;
k) documents confirming the acquirer's compliance with the requirements established by Article 3 of the Federal Law "On Participation in Shared Construction of Apartment Buildings and Other Real Estate Objects and on Amendments to Certain Legislative Acts of the Russian Federation";
l) documents confirming the acquirer's compliance with the requirements established by Part 14 of Article 23 of Federal Law No. 391-F3 of December 29, 2015 "On Amendments to Certain Legislative Acts of the Russian Federation", if the statement of intent was submitted by the acquirer before January 1, 2017 G.
3. The Ministry of Construction and Housing and Communal Services of the Russian Federation has the right to request from the executive authority of the subject of the Russian Federation exercising control (supervision) in the field of shared construction, on whose territory the objects of construction in progress of the acquirer and (or) the developer are located, information on compliance by the acquirer with the last 3 years preceding the year of filing a statement of intent, the legislation of the Russian Federation on participation in the shared construction of apartment buildings and (or) other real estate objects and on the possibility or impossibility of transferring the property and obligations of the developer to the acquirer.
4. The executive authority of the subject of the Russian Federation exercising control (supervision) in the field of shared construction, on the territory of which the objects of construction in progress of the acquirer and (or) the developer are located, shall provide the information specified in these Rules within 3 days from the date of receipt of the request of the Ministry construction and housing and communal services of the Russian Federation.
5. In order to verify the information provided by the acquirer in accordance with these Rules, the Ministry of Construction and Housing and Communal Services of the Russian Federation has the right to request from the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local authorities, individuals and legal entities information about the acquirer that do not constitute a commercial or other secret protected by law.
6. The opinion is adopted by the Ministry of Construction and Housing and Communal Services of the Russian Federation based on the results of consideration by the commission formed by the Ministry of the documents specified in these Rules, the information and data specified in and these Rules (if any). The composition and regulations of the commission are approved by the Ministry.
When preparing the opinion, the possibility of transferring objects of construction in progress and a land plot or land plots and the obligations of the developer to several purchasers is assessed.
7. The grounds for making a conclusion on the possibility of transferring the property and obligations of the developer to the acquirer are:
a) the acquirer's compliance with the requirements established by Article 3 of the Federal Law "On Participation in Shared Construction of Apartment Buildings and Other Real Estate and on Amendments to Certain Legislative Acts of the Russian Federation";
b) the acquirer's compliance with the requirements established by Part 14 of Article 23 of Federal Law No. 391-F3 of December 29, 2015 "On Amendments to Certain Legislative Acts of the Russian Federation", if the declaration of intent was submitted by the acquirer before January 1, 2017;
c) the purchaser has funds and property in the amount (size and volume) sufficient to complete the construction of the transferred object of construction in progress;
d) the acquirer has no arrears in taxes and fees, debts on other obligatory payments to the budgets of the budget system of the Russian Federation (with the exception of amounts for which a deferral, installment plan or investment tax credit is granted in accordance with the legislation of the Russian Federation) for the past calendar year;
e) the absence of obligations not fulfilled (delay of more than 9 months) by the acquirer on other construction objects to participants in shared construction.
8. The conclusion on the possibility of transferring the property and obligations of the developer to the acquirer is made by the Ministry of Construction and Housing and Communal Services of the Russian Federation, provided that the acquirer simultaneously meets all the grounds specified in these Rules.
9. The grounds for making a conclusion on the impossibility of transferring the property and obligations of the developer to the acquirer are:
a) non-compliance of the acquirer with the requirements established by Article 3 of the Federal Law "On Participation in Shared Construction of Apartment Buildings and Other Real Estate and on Amendments to Certain Legislative Acts of the Russian Federation";
b) non-compliance of the acquirer with the requirements established by Part 14 of Article 23 of Federal Law No. 391-F3 of December 29, 2015 "On Amendments to Certain Legislative Acts of the Russian Federation", if the declaration of intent was submitted by the acquirer before January 1, 2017;
c) the acquirer does not have funds and property in the amount (size and volume) sufficient to complete the construction of the transferred object of construction in progress;
d) the purchaser has an arrears in taxes and fees, debts on other obligatory payments to the budgets of the budget system of the Russian Federation (with the exception of amounts for which a deferral, installment plan or investment tax credit is granted in accordance with the legislation of the Russian Federation) for the past calendar year;
e) the presence of obligations not fulfilled (delay of more than 9 months) by the acquirer on other construction objects to participants in shared construction;
f) the presence among the founders (participants) of the acquirer of persons who have a criminal record for crimes in the field of economics;
g) non-submission or incomplete submission by the acquirer of the documents provided for by these Rules;
h) submission by the acquirer of knowingly false information.
10. The conclusion on the impossibility of transferring the property and obligations of the developer to the acquirer is made by the Ministry of Construction and Housing and Communal Services of the Russian Federation if at least one of the grounds specified in these Rules is present.
11. The conclusion is sent by the Ministry of Construction and Housing and Communal Services of the Russian Federation to the arbitration court within the period established by Article 201.15-1 of the Federal Law "On Insolvency (Bankruptcy)".
Document overview
In order to fulfill the obligations of the developer in bankruptcy proceedings to the participants in shared construction, a mechanism has been developed for transferring objects (land plots) to a person who intends to become their acquirer in order to fulfill obligations.
The conclusion of the Ministry of Construction of Russia on the possibility or impossibility of such a transfer is required.
To obtain it, the acquirer must submit an application with a number of documents attached (the list is given).
A special commission participates in the adoption of the conclusion.
When preparing the document, the possibility of transferring objects of construction in progress and a land plot or land plots and the obligations of the developer to several purchasers is assessed.
Established requirements for purchasers.
The conclusion is sent by the Ministry to the arbitration court.
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