ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of February 17, 2018 No. 162

About approval of Rules of implementation of the state control of safety of significant objects of critical information infrastructure of the Russian Federation

According to Item 2 of part 2 of article 6 of the Federal law "About Safety of Critical Information Infrastructure of the Russian Federation" Government of the Russian Federation decides:

Approve the enclosed Rules of implementation of the state control of safety of significant objects of critical information infrastructure of the Russian Federation.

Approved by the Order of the Government of the Russian Federation of February 17, 2018 No. 162

Rules of implementation of the state control of safety of significant objects of critical information infrastructure of the Russian Federation

I. General provisions

1. These rules establish procedure the federal executive body authorized in the field of safety of critical information infrastructure of the Russian Federation and its territorial authorities (further - state control body) actions for the state control in the field of safety of significant objects of critical information infrastructure of the Russian Federation (further respectively - critical information infrastructure, the state control).

2. The state control is carried out for the purpose of check of observance by subjects of critical information infrastructure to whom on the property right, leases or other legal cause belong significant objects of critical information infrastructure, the requirements established by the Federal Law "About Safety of Critical Information Infrastructure of the Russian Federation" and regulatory legal acts adopted according to it (further respectively - safety requirements, check).

3. The state control is exercised by conducting scheduled and unscheduled exit inspections.

4. For implementation of check by state control body the commission as a part of at least 2 officials is created. The unscheduled inspection which is carried out on the basis specified in the subitem "an" of Item 20 of these rules can be performed by one official of state control body.

5. It is performed by officials of state control body who are specified in the order of state control body on conducting check.

6. The term of conducting planned inspection shall not exceed 20 working days.

7. The term of carrying out unscheduled inspection shall not exceed 10 working days.

8. The term of carrying out each of checks, stipulated in Item 3 these rules, concerning subject of critical information infrastructure which performs the activities in the territories of several subjects of the Russian Federation is installed separately on each branch, representation and the isolated structural division of the subject of critical information infrastructure, at the same time aggregate term of conducting check cannot exceed 60 working days.

9. Checks concerning significant objects of critical information infrastructure which on the property right, leases or other legal cause belong to the Ministry of Defence of the Russian Federation, Russian Foreign Intelligence Service, Federal Security Service of the Russian Federation, Federal Guard Service of the Russian Federation and the Directorial Board for the Special Programs of the President of the Russian Federation and also significant objects of critical information infrastructure which protection is included into their competence are carried out in coordination with heads of the specified federal executive bodies.

10. Information on the organization of checks, including on their planning, on carrying out and results of such checks, does not go to bodies of prosecutor's office, except for information on results of the inspections which are carried out based on the requirement of the prosecutor about implementation of unscheduled inspection within carrying out supervision of execution of the laws on the materials and addresses which arrived in bodies of prosecutor's office.

II. Organization of scheduled inspection

11. Subject of scheduled inspection is observance by the subject of critical information infrastructure of safety requirements.

12. The bases for implementation of scheduled inspection are the expiration of 3 years from the date of:

a) entering of data on object of critical information infrastructure into the register of significant objects of critical information infrastructure;

b) the ends of implementation of the last scheduled inspection concerning significant object of critical information infrastructure.

13. The annual plan of conducting planned inspections affirms the head of state control body till December 20 of the year preceding year of conducting planned inspections.

14. The annual plan of conducting planned inspections contains the following information:

a) information about the subject of critical information infrastructure;

b) the information about person operating significant object of critical information infrastructure;

c) end date of the last scheduled inspection;

d) month and term of conducting check;

e) basis of conducting check;

e) name of state control body.

15. Statements from the approved annual plan of conducting planned inspections go till January 1 of year of conducting planned inspections by state control body to subjects of critical information infrastructure.

16. The subject of critical information infrastructure is notified on conducting planned inspection by state control body at least in 3 working days prior to its carrying out by means of the direction of the copy of the order of state control body on conducting planned inspection by any available method providing possibility of confirmation of the fact of such notification.

17. Scheduled inspection is carried out based on the approved annual plan of conducting planned inspections and the order of state control body on conducting check.

18. In the order of state control body on conducting check are specified:

a) name of state control body, number and date of the publication of the order;

b) positions, surnames, names and middle names of officials of state control body, representatives on conducting check;

c) information about the subject of critical information infrastructure;

d) the information about person operating significant object of critical information infrastructure;

e) check tasks;

e) start and end date of check;

g) term of conducting check;

h) legal basis of conducting check, including regulatory legal acts which observance of provisions is subject to check;

i) list of the actions for control necessary for accomplishment of check tasks.

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