ORDER OF THE MINISTRY OF CONSTRUCTION AND HOUSING AND COMMUNAL SERVICES OF THE RUSSIAN FEDERATION

of August 31, 2017 No. 1190/pr

About modification of Administrative regulations of the Ministry of Construction and Housing and Communal Services of the Russian Federation on provision of the state service in issue of permissions to the commissioning of the capital construction projects specified in item 4 of part 5 and Item 1 of part 6 of article 51 of the Town-planning code of the Russian Federation (except for capital construction projects, concerning which issue of construction licenses is assigned to other federal executive bodies), approved by the Order of the Ministry of Construction and Housing and Communal Services of the Russian Federation of May 23, 2016 No. 343/pr

According to the Federal Law of November 24, 1995 No. 181-FZ "About social protection of disabled people in the Russian Federation" (The Russian Federation Code, 1995, No. 48, Art. 4563; 1998, No. 31, Art. 3803; 1999, No. 2, Art. 232, No. 29, Art. 3693; 2001, No. 24, Art. 2410, No. 33, Art. 3426, No. 53, Art. 5024; 2002, No. 1, Art. 2, No. 22, Art. 2026; 2003, No. 2, Art. 167, No. 43, Art. 4108; 2004, No. 35, Art. 3607; 2005, No. 1, Art. 25; 2006, No. 1, Art. 10; 2007, No. 43, Art. 5084, No. 49, Art. 6070; 2008, No. 9, Art. 817, No. 29, Art. 3410, No. 30, Art. 3616, No. 52, Art. 6224; 2009, No. 18, Art. 2152, No. 30, Art. 3739; 2010, No. 50, Art. 6609; 2011, No. 27, Art. 3880, No. 30, Art. 4596, No. 45, Art. 6329, No. 47, Art. 6608, No. 49, Art. 7033; 2012, No. 29, Art. 3990, No. 30, Art. 4175, No. 53, Art. 7621; 2013, No. 8, Art. 717, No. 19, Art. 2331, No. 27, Art. 3460, Art. 3475, Art. 3477, No. 48, Art. 6160, No. 52, Art. 6986; 2014, No. 26, Art. 3406, No. 30, Art. 4268, No. 49, Art. 6928; 2015, No. 14, Art. 2008, No. 27, Art. 3967, No. 48, Art. 6724; 2016, No. 1, Art. 19, No. 52, Art. 7510; 2017, No. 11, the Art. 1539, No. 23, the Art. 3227), the subitem 2 of item 4 of article 26 of the Federal Law of December 1, 2014 No. 419-FZ "About modification of separate legal acts of the Russian Federation concerning social protection of disabled people in connection with ratification of the Convention on the rights of disabled people" (The Russian Federation Code, 2014, No. 49, Art. 6928; 2016, No. 1, the Art. 14), Item 6 of article 11.2 of the Federal Law of July 27, 2010 No. 210-FZ "About the organization of provision of the state and municipal services" (The Russian Federation Code, 2010, No. 31, Art. 4179; 2011, No. 15, Art. 2038, No. 27, Art. 3873, Art. 3880, No. 29, Art. 4291, No. 30, Art. 4587, No. 49, Art. 7061; 2012, No. 31, Art. 4322; 2013, No. 14, Art. 1651, No. 27, Art. 3477, Art. 3480, No. 30, Art. 4084, No. 51, Art. 6679, No. 52, Art. 6952, Art. 6961, Art. 7009; 2014, No. 26, Art. 3366, No. 30, Art. 4264, No. 49, Art. 6928; 2015, No. 1, Art. 67, Art. 72, No. 10, Art. 1393, No. 29, Art. 4342, Art. 4376; 2016, No. 7, Art. 916, No. 27, Art. 4293, Art. 4294; 2017, No. 1, the Art. 12), the order of the Government of the Russian Federation of March 26, 2016 No. 236 "About requirements to electronic submission of the state and municipal services" (The Russian Federation Code, 2016, No. 15, the Art. 2084) and Item 1 of the order of the Government of the Russian Federation of July 4, 2017 No. 788 "About the direction of the documents necessary for issue of the construction license and permission to commissioning, electronically" (The Russian Federation Code, 2017, 28, of the Art. 4162) I order to No.:

1. Make changes to Administrative regulations of the Ministry of Construction and Housing and Communal Services of the Russian Federation on provision of the state service in issue of permissions to the commissioning of the capital construction projects specified in item 4 of part 5 and Item 1 of part 6 of article 51 of the Town-planning code of the Russian Federation (except for capital construction projects, concerning which issue of construction licenses is assigned to other federal executive bodies), approved by the order of the Ministry of Construction and Housing and Communal Services of the Russian Federation of May 23, 2016 No. 343/pr (registration No. 43965), according to appendix to this order is registered by the Ministry of Justice of the Russian Federation on October 7, 2016.

2. To impose control of execution of this order on the First Deputy Minister of Construction and Housing and Communal Services of the Russian Federation L. O. Stavitsky.

Appendix

to the Order of the Ministry of Construction and Housing and Communal Services of the Russian Federation of August 31, 2017 No. 1190/pr

Changes in Administrative regulations of the Ministry of Construction and Housing and Communal Services of the Russian Federation on provision of the state service in issue of permissions to the commissioning of the capital construction projects specified in item 4 of part 5 and Item 1 of part 6 of article 51 of the Town-planning code of the Russian Federation (except for capital construction projects, concerning which issue of construction licenses is assigned to other federal executive bodies), approved by the Order of the Ministry of Construction and Housing and Communal Services of the Russian Federation of May 23, 2016 No. 343/pr

1. The twelfth Item 3 after the words "Department of Allowing Activities and Control of the Ministry" to add the paragraph with words "(further - responsible structural division)".

2. Add with Item 8.1 of the following content:

"8.1. On EPGU, the official site of the Ministry on the Internet the following information is placed:

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

2) circle of applicants;

3) term of provision of the state service;

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

5) the amount of the state tax collected for provision of the state service;

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

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

8) the forms of statements (notifications, messages) used by provision of the state service.

Information on EPGU, the official site of the Ministry on the Internet about procedure and terms of provision of the state service based on the data containing in the federal state information system "Federal Register of the State and Municipal Services (Functions)" is provided to the applicant free of charge.

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

3. In Item 13:

shall be replaced with words the words "10 calendar days" "7 working days";

shall be replaced with words the words "in Item 18 of Administrative regulations" "in Item 17 of Administrative regulations".

4. In Item 15:

after paragraph two to add with the paragraph of the following content:

"The Federal Law of November 24, 1995 No. 181-FZ "About social protection of disabled people in the Russian Federation" (The Russian Federation Code, 1995, No. 48, Art. 4563; 1998, No. 31, Art. 3803; 1999, No. 2, Art. 232, No. 29, Art. 3693; 2001, No. 24, Art. 2410, No. 33, Art. 3426, No. 53, Art. 5024; 2002, No. 1, Art. 2, No. 22, Art. 2026; 2003, No. 2, Art. 167, No. 43, Art. 4108; 2004, No. 35, Art. 3607; 2005, No. 1, Art. 25; 2006, No. 1, Art. 10; 2007, No. 43, Art. 5084, No. 49, Art. 6070; 2008, No. 9, Art. 817, No. 29, Art. 3410, No. 30, Art. 3616, No. 52, Art. 6224; 2009, No. 18, Art. 2152, No. 30, Art. 3739; 2010, No. 50, Art. 6609; 2011, No. 27, Art. 3880, No. 30, Art. 4596, No. 45, Art. 6329, No. 47, Art. 6608, No. 49, Art. 7033; 2012, No. 29, Art. 3990, No. 30, Art. 4175, No. 53, Art. 7621; 2013, No. 8, Art. 717, No. 19, Art. 2331, No. 27, Art. 3460, Art. 3475, Art. 3477, No. 48, Art. 6160, No. 52, Art. 6986; 2014, No. 26, Art. 3406, No. 30, Art. 4268, No. 49, Art. 6928; 2015, No. 14, Art. 2008, No. 27, Art. 3967, No. 48, Art. 6724; 2016, No. 1, Art. 19, No. 52, Art. 7510; 2017, No. 11, Art. 1539, No. 23, Art. 3227);";

the fifth to state the paragraph in the following edition:

"The Federal Law of July 24, 2007 No. 221-FZ "About cadastral activities" (The Russian Federation Code, 2007, No. 31, Art. 4017; 2008, No. 30, Art. 3597, Art. 3616; 2009, No. 1, Art. 19, No. 19, Art. 2283, No. 29, Art. 3582, No. 52, Art. 6410, Art. 6419; 2011, No. 1, Art. 47, No. 27, Art. 3880, No. 30, Art. 4563, Art. 4594, Art. 4605, No. 49, Art. 7024, Art. 7061, No. 50, Art. 7365; 2012, No. 31, Art. 4322; 2013, No. 14, Art. 1651, No. 23, Art. 2866, No. 27, Art. 3477, No. 30, Art. 4083; 2014, No. 26, Art. 3377, No. 30, Art. 4211, Art. 4218, No. 43, Art. 5799, Art. 5802, No. 45, Art. 6145, No. 52, Art. 7558; 2015, No. 1, Art. 52, No. 9, Art. 1193, No. 14, Art. 2019, No. 27, Art. 3975, Art. 3997, No. 29, Art. 4339, Art. 4359, Art. 4370, Art. 4378, Art. 4385; 2016, No. 1, the Art. 11, the Art. 51, the Art. 72, No. 15, the Art. 2057, No. 18, the Art. 2484, the Art. 2495, No. 26, the Art. 3890, No. 27, the Art. 4198, the Art. 4294) (further - the Federal Law of July 24, 2007 No. 221-FZ);";

after the paragraph of the twelfth to add with the paragraph of the following content:

"the order of the Government of the Russian Federation of March 26, 2016 No. 236 "About requirements to electronic submission of the state and municipal services" (The Russian Federation Code, 2016, No. 15, the Art. 2084);".

5. To state the subitem 13 of Item 17 in the following edition:

"13) the technical plan of capital construction project prepared according to the Federal Law of July 13, 2015 No. 218-FZ "About state registration of the real estate" (The Russian Federation Code, 2015, No. 29, Art. 4344; 2016, No. 1, Art. 51, No. 18, Art. 2484, Art. 2495, No. 23, Art. 3296, No. 26, Art. 3890, No. 27, Art. 4198, Art. 4237, Art. 4248, Art. 4284, Art. 4287, Art. 4294; 2017, No. 27, Art. 3938, No. 31, Art. 4767, Art. 4771, Art. 4796, Art. 4829).".

6. In Item 20 of the word "in subitems 2, 3, 4 and 10 Item 18 of Administrative regulations" shall be replaced with words "in subitems 2, of 3, of the 4 and 10 Item 17 of Administrative regulations,".

7. In Item 21 of the word "in subitems 2, 5, 6, 7, 8, 9, 13th Item 18 of Administrative regulations" shall be replaced with words "in subitems 2, of 5, of 6, of 7, of 8, of 9, of the 13th Item 17 of Administrative regulations,".

8. In the subitem 1 of Item 26 of the word "in Item 18 of Administrative regulations;" shall be replaced with words "in Item 17 of Administrative regulations;".

9. The fifth Item 35 to add the paragraph with words of the following content:

", proper placement of the equipment and the data carriers necessary for providing easy access of disabled people to objects (buildings, rooms) in which the state service is provided taking into account restrictions of their life activity, duplication of sound and visual information, necessary for disabled people, and also texts, signs and other text and graphical information the signs executed by relief and dot font of Braille, the admission of seeing eye dog on objects (buildings, rooms) in which the state service is provided.".

10. Add Item 43 with the paragraph of the following content:

"Receipt of the state service by the applicant in the multipurpose center of provision of the state and municipal services is performed according to the agreement signed between the multipurpose center of provision of the state and municipal services and the Ministry from coming into force of the specified agreement on interaction.".

11. Add with Items 43. 1, 43.2 following of content:

"43.1. Interaction of the applicant with the employee of structural division of the Ministry responsible for documents acceptance, is performed in case of the direct appeal of the applicant to the Ministry of questions of provision of the state service. The state service is provided by single interaction of the applicant with employees of structural division of the Ministry responsible for documents acceptance, and single interaction of the applicant with the official responsible for issue of documents. 15 minutes shall not exceed duration of one such interaction.

43.2. Information on the course of provision of the state service is posted on the official site of the Ministry on the Internet, EPGU, in the multipurpose center of provision of the state and municipal services, and also it is provided directly by employees of the Ministry of phones for reference, and also the electronic message to the address specified by the applicant.".

12. In Items 44, of 45, of 70, "Item 18 of Administrative regulations" shall be replaced with words 74 words "Item 17 of Administrative regulations".

13. Add Item 48 with subitem 1.1 of the following content:

"1. 1) forming and the direction of interdepartmental requests in state bodies at which disposal the documents and information necessary for provision of the state service are;".

14. In Item 51 of the word "in Item 18 of Administrative regulations" shall be replaced with words "in Item 17 of Administrative regulations".

15. In Item 64 the word "statements" shall be replaced with words "applications (request)".

16. Add with Items 64.1 - 64.6 following of content:

"64.1. The documents specified in Item 17 of Administrative regulations go the applicant to the Ministry electronically if the project documentation of capital construction project and (or) results of engineering researches executed for preparation of such project documentation, and also other documents necessary for conducting state examination of the project documentation and (or) results of engineering researches were represented electronically.

64.2. Forming of the statement (request) by the applicant is performed by means of filling of the electronic application form (request) for EPGU without the need for additional filing of application (request) in any other form.

On EPGU, the official site of the Ministry on the Internet models of filling of the electronic application form (request) are placed.

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

64.4. When forming the statement (request) to the applicant it is provided:

a) possibility of copying and preserving the statement (request) and other documents specified in Item 17 of Administrative regulations necessary for provision of the state service;

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

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

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

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

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

64.5. The created and signed statement (request) and other documents specified Item 17 of Administrative regulations necessary for provision of the state service, go to the Ministry by means of EPGU.

64.6. The ministry provides documents acceptance, necessary for provision of the state service, and registration of a statement (request) without the need for repeated submission of such paper documents by the applicant.

64.7. Provision of the state service begins with the moment of registration by the Ministry of the electronic documents necessary for provision of the state service.".

17. State Item 66 in the following edition:

"66. No later than the working day following behind day of receipt of the statement, the applicant is told the unique number appropriated to the statement (request) electronically according to which information on the course of accomplishment of the specified statement (request) will be provided to the applicant in appropriate section of EPGU.".

18. Add with Items 66.1 - 66.3 following of content:

"66.1. Acceptance and registration of a statement (request) are performed by the official of the structural division responsible for documents acceptance.

66.2. After registration the application (request) is directed to responsible structural division.

66.3. After adoption of the statement (request) by the official authorized on provision of the state service, the status of request of the applicant in personal account on EPGU is updated to the status it "is accepted".".

19. After Item 67 to add with subsection of the following content:

"Forming and the direction of interdepartmental requests in state bodies at which disposal the documents and information necessary for provision of the state service are

67.1. The basis for ministerial procedure is receipt in the Ministry of the registered statement with appendix of necessary documents.

67.2. The official responsible for consideration of the application and the documents enclosed to the application, no later than the first working day following behind day of acceptance and registration of a statement with all necessary documents prepares and sends with use of interdepartmental information exchange inquiry for submission to the Ministry of documents (their copies or data, containing in them), stipulated in Item 23 Administrative regulations, to state bodies, local government bodies and subordinated to state bodies or local government bodies of the organization at which disposal the specified documents according to regulatory legal acts of the Russian Federation, regulatory legal acts of subjects of the Russian Federation, municipal legal acts are.

67.3. The official responsible for consideration of the application and the documents attached to it, prepares and sends with use of interdepartmental information exchange inquiry for submission to the Ministry of information on accomplishment by the builder of the requirements provided by part 18 of article 51 of the Town-planning code of the Russian Federation.

67.4. Date of receipt of the documents and information necessary for provision of the state service, the official responsible for consideration of the application and the documents attached to it, shall not exceed 3 working days from the date of registration of the statement by the Ministry and the documents attached to it.

67.5. Obtaining from state bodies of required documents and information is result of accomplishment of ministerial procedure.".

20. In Item 70 of the word "in time, not exceeding 10 days" shall be replaced with words "in time, not exceeding 7 working days".

21. Declare Item 72 invalid.

22. Add with Items 77. 1, 77.2 following of content:

"77.1. The applicant has the right to obtain information on the course of provision of the state service.

Information on the course of provision of the state service goes to the applicant the Ministry in time, not exceeding one working day after completion of the corresponding action, to the e-mail address or with use of means of EPGU at the choice of the applicant.

77.2. By provision of the state service electronically by means of EPGU to the applicant goes:

a) notification on acceptance and registration of a statement (request);

b) the notification on receipt of the statement (request) and to the official responsible for consideration of the application (request) and the documents enclosed to the application (request) enclosed to the application (request) of documents;

c) notification on results of consideration of the documents necessary for provision of the state service (positive or negative);

d) the notification on the end of provision of the state service in the form of the direction to the applicant of the document specified in Item 12 of Administrative regulations;

e) the notification on opportunity to receive result of provision of the state service on paper.".

23. Add with Items 83.1 - 83.3 following of content:

"83.1. In case of submission of documents, necessary for rendering the state service, during personal acceptance or the mailing as result of provision of the state service the applicant at its choice has the right to receive the documents specified in Item 12 of Administrative regulations, on paper or in electronic form, signed by the authorized officer with use of the strengthened qualified digital signature.

83.2. In case of submission of documents, necessary for rendering the state service, by means of EPGU as result of provision of the state service the applicant receives the documents specified in Item 12 of the Administrative regulations, in electronic form signed by the authorized officer with use of the strengthened qualified digital signature.

83.3. The applicant has the right to receive result of provision of the state service in electronic form or the paper document during effective period of result of provision of the state service.

83.4. Opportunity to estimate availability and quality of the state service on EPGU is provided to applicants.".

24. In Items 84, shall be replaced with words the 86th words of "the structural division responsible for the organization of work on provision of the state service" "responsible structural division".

25. State Item 106 in the following edition:

"106. The term of consideration of the claim shall not exceed 15 working days from the date of its registration in the Ministry, and in case of appeal of refusal of the Ministry, his official in documents acceptance at the applicant or in correction of the made typographical errors and mistakes or in case of appeal of violation of fixed term of such corrections - within 5 working days from the date of its registration.".

26. After Item 114 to add with subsection of the following content:

"Procedure for appeal of the decision according to the claim

114.1. The applicant has the right to appeal the decision by results of consideration of the claim according to the procedure, established by the legislation of the Russian Federation.".

 

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