ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of February 10, 2017 No. 166

About approval of Rules of creation and the direction of caution about inadmissibility of violation of the mandatory requirements and requirements established by municipal legal acts, giving by the legal entity, individual entrepreneur of objections on such caution and their considerations, the notification on execution of such caution

According to part 7 of article 8.2 of the Federal law "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control" Government of the Russian Federation decides:

1. Approve the enclosed Rules of creation and the direction of caution about inadmissibility of violation of the mandatory requirements and requirements established by municipal legal acts, giving by the legal entity, individual entrepreneur of objections on such caution and their considerations, the notification on execution of such caution.

2. Realization of the powers provided by this resolution is performed within the number of workers of the federal executive bodies and budgetary appropriations provided in the federal budget to the specified bodies on management and management in the sphere of the established functions established by the Government of the limiting Russian Federation.

Approved by the Order of the Government of the Russian Federation of February 10, 2017 No. 166

Rules of creation and the direction of caution about inadmissibility of violation of the mandatory requirements and requirements established by municipal legal acts, giving by the legal entity, individual entrepreneur of objections on such caution and their considerations, the notification on execution of such caution

1. These rules determine procedure for creation and the direction by state control (supervision) body, body of municipal control of caution about inadmissibility of violation of mandatory requirements, the requirements established by municipal legal acts (further - caution), procedure for giving by the legal entity, individual entrepreneur of objections on such caution (further - objections) and their considerations by state control (supervision) body, body of municipal control, the notification procedure by the legal entity, the individual entrepreneur of state control (supervision) body, body of municipal control about caution execution.

2. The decision on the direction of caution is made by the head, the deputy manager of state control (supervision) body, body of municipal control or other official of state control (supervision) body, body of municipal control authorized by the order of state control (supervision) body, body of municipal control based on proposals of the official of state control (supervision) body, body of municipal control in the presence of the data specified in part 5 of article 8.2 of the Federal law "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control".

3. Creation and the direction of caution is performed no later than 30 days from the date of receipt by the official of state control (supervision) body, body of municipal control of the data specified in part 5 of article 8.2 of the Federal law "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control" if other term is not established by administrative regulations of implementation of the corresponding types of the state control (supervision), municipal control.

4. In caution are specified:

a) the name of state control (supervision) body, body of municipal control which directs caution;

b) date and number of caution;

c) name of the legal entity, surname, name, middle name (in the presence) individual entrepreneur;

d) specifying on the mandatory requirements, requirements established by municipal legal acts, regulatory legal acts including their structural units providing the specified requirements;

e) information on what actions (failure to act) of the legal entity, individual entrepreneur bring or can lead to violation of mandatory requirements, the requirements established by municipal legal acts;

e) the offer to the legal entity, the individual entrepreneur to take measures for ensuring compliance with the mandatory requirements, requirements established by municipal legal acts;

g) the offer to send to the legal entity, the individual entrepreneur the notification on execution of caution to state control (supervision) body, body of municipal control;

h) term (at least 60 days from the date of the direction of caution) for the direction the legal entity, the individual entrepreneur of the notification on caution execution;

i) contact information of state control (supervision) body, body of municipal control, including the postal address and the e-mail address, and also different possible ways of giving of objections, notifications on caution execution.

5. The caution does not may contain the requirement about provision by the legal entity, the individual entrepreneur of data and documents.

6. The caution goes the registered mail in paper form with the assurance of receipt or other by method, available to the legal entity, the individual entrepreneur, including the direction in the form of the electronic document signed by the strengthened qualified digital signature of person who made the decision on the direction of the caution specified in Item 2 of these rules with use of the Internet including to the e-mail address of the legal entity, individual entrepreneur specified respectively in the Unified State Register of Legal Entities, the Unified State Register of Private Entrepreneurs or posted on the official site of the legal entity, individual entrepreneur as a part of information which placement is obligatory in accordance with the legislation of the Russian Federation or by means of the federal state information system "Single Portal of the State and Municipal Services".

7. By results of consideration of caution by the legal entity, individual entrepreneur can be given to state control (supervision) body, the body of municipal control which directed caution, objections.

8. In objections are specified:

a) name of the legal entity, surname, name, middle name (in the presence) individual entrepreneur;

b) identification taxpayer number - the legal entity, the individual entrepreneur;

c) date and number of the caution directed to the address of the legal entity, individual entrepreneur;

d) reasons for line item concerning the actions (failure to act) of the legal entity, individual entrepreneur specified in caution which bring or can be led to violation of mandatory requirements, the requirements established by municipal legal acts.

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