THE ORDER OF THE MINISTRY OF DIGITAL DEVELOPMENT, COMMUNICATION AND MASS COMMUNICATIONS OF THE RUSSIAN FEDERATION AND THE FEDERAL SERVICE OF THE RUSSIAN FEDERATION ON SUPERVISION IN THE SPHERE OF COMMUNICATION, INFORMATION TECHNOLOGIES AND MASS COMMUNICATIONS

of December 19, 2018 No. 203

About approval of Administrative regulations of implementation by Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications of the state control (supervision) of compliance with law of the Russian Federation about protection of children from information doing harm to their health and (or) development

According to Item 2 of Rules of development and approval of the administrative regulations of implementation of the state control (supervision) approved by the order of the Government of the Russian Federation of May 16, 2011 No. 373 (The Russian Federation Code, 2011, No. 22, Art. 3169; No. 35, Art. 5092; 2012, No. 28, Art. 3908; No. 36, Art. 4903; No. 50, Art. 7070; No. 52, Art. 7507; 2014, No. 5, Art. 506; 2017, No. 44, Art. 6523; 2018, No. 6, Art. 880; No. 25, Art. 3696; Art. 5623; No. 46, the Art. 7050), subitem 5.1.1.6 of Item 5 of the Regulations on Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications approved by the order of the Government of the Russian Federation of March 16, 2009 No. 228 (The Russian Federation Code, 2009, No. 12, Art. 1431; 2010, No. 13, Art. 1502; No. 26, Art. 3350; 2011, No. 3, Art. 542; No. 6, Art. 888; No. 14, Art. 1935; No. 21, Art. 2965; No. 40, Art. 5548; 2011, No. 44, Art. 6272; 2012, No. 20, Art. 2540; No. 39, Art. 5270; No. 44, Art. 6043; 2013, No. 45, Art. 5822; 2014, No. 47, Art. 6554; 2015, No. 2, Art. 491; No. 22, Art. 3225; No. 49, Art. 6988; 2016, No. 2, Art. 325; 2016, No. 23, Art. 3330; No. 24, Art. 3544; No. 28, Art. 4741; 2017, No. 28, Art. 4144; No. 41, Art. 5980; 2018, to No. 6, of the Art. 893), I order:

1. Approve the enclosed Administrative regulations of implementation by Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications of the state control (supervision) of compliance with law of the Russian Federation about protection of children from information doing harm to their health and (or) development.

2. Direct this order to state registration in the Ministry of Justice of the Russian Federation.

Appendix

to the Order of the Federal Service of the Russian Federation on supervision in the sphere of communication, information technologies and mass communications of December 19, 2018 No. 203

Administrative regulations of implementation by Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications of the state control (supervision) of compliance with law of the Russian Federation about protection of children from information doing harm to their health and (or) development

I. General provisions

Name of function

1. Implementation of the state control (supervision) of compliance with law of the Russian Federation about protection of children from information doing harm to their health and (or) development (further - implementation of the state control (supervision)).

The name of the body exercising the state control (supervision)

2. Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications (further - supervisory authority) and its territorial authorities (further - territorial authority).

The regulatory legal acts regulating implementation of the state control (supervision)

3. The list of the regulatory legal acts regulating implementation of the state control (supervision) is posted on the official sites of supervisory authority and territorial authority on the Internet (further - the official site), in the federal state information system "Federal Register of the State Services (Functions)" (further - the federal register) and in the federal state information system "Single Portal of the State and Municipal Services (Functions)" (further - the Single portal).

Subject of the state control (supervision)

4. Subject of the state control is check of observance by the producers and (or) distributors of information products which are including founders, editions, publishers and distributors of mass media, providers of hosting, owners of the website on the Internet (further - Internet network), speakers, telecom operators (further - the checked faces), the mandatory requirements established by regulatory legal acts in the field of protection of children from information doing harm to their health and (or) development (further - mandatory requirements).

The rights and obligations of officials when implementing the state control (supervision)

5. Officials of supervisory authority and territorial authority when implementing actions for control (supervision) have the right:

5.1. Request for check documentation of the checked face connected with observance of mandatory requirements in the field of protection of children from information doing harm to their health and (or) development;

5.2. Receive from the checked face necessary explanations, references and data on the questions arising during execution of the state function;

5.3. Perform accomplishment audio-and videos of the published (air) TV, radio channels, TV and radio programs;

5.4. Request and receive for the period of holding actions for control (supervision) copies of products of mass media at receivers of obligatory copies of documents;

5.5. Involve experts, the expert organizations which are not consisting in the civil and employment relationships with the checked faces and which are not affiliates of the checked faces to holding actions for control (supervision);

5.6. Send inquiries, including in electronic form, No. 63-FZ signed by the strengthened qualified digital signature according to the Federal Law of 06.04.2011 "For the digital signature" (The Russian Federation Code, 2011, No. 15, Art. 2036; No. 27, Art. 3880; 2013, No. 27, Art. 3477; 2014, No. 11, Art. 1098; No. 26, Art. 3390; 2016, No. 1, Art. 65; 26, the Art. 3889) (further - the Federal Law No. 63-FZ), in authorized state bodies and the organizations for confirmation of observance or violation by object of control of mandatory requirements;

5.7. Direct to bodies of prosecutor's office, other law enforcement agencies materials for the solution of question of initiation of proceedings on administrative offenses, criminal cases in case of identification of signs of the crimes connected with violation of the law in the field of protection of children from information doing harm to their health and (or) development.

5.8. Issue caution about inadmissibility of violation of mandatory requirements.

5.9. Apply the stipulated by the legislation measures of preventive nature of the Russian Federation directed to non-admission and (or) suppression of violations by the checked faces of mandatory requirements;

5.10. In amount and in the terms determined by the order of the Government of the Russian Federation of April 28, 2015 No. 415 "About Rules of forming and maintaining the unified register of checks" (The Russian Federation Code, 2015, No. 19, Art. 2825; 2016, No. 51, of the Art. 7406) to enter in the unified register of checks information on the organization, carrying out and results of checks (further - Rules of forming and maintaining the unified register of checks).

7. Officials of supervisory authority and territorial authority when implementing actions for control (supervision) shall:

7.1. Timely and fully to perform powers according to the prevention, identification and suppression of violations of mandatory requirements;

7.2. Observe the legislation of the Russian Federation, the right and legitimate interests of the checked faces;

7.3. Exercise the state control (supervision) based on task of the head of supervisory authority or territorial authority;

7.4. Exercise the state control (supervision) only during execution of service duties;

7.5. Prove justification of the actions in case of their appeal by the checked faces;

7.6. Observe terms of conducting check;

7.7. Acquaint the head or replacement his face with the documents and (or) information received within interdepartmental information exchange;

7.8. Request within interdepartmental information exchange from the documents and (or) information included in the list of the documents and (or) information requested and received within interdepartmental information exchange by state control (supervision) bodies, bodies of municipal control under the organization and conducting checks from other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations at which disposal these documents and (or) information, No. 724-r approved by the order of the Government of the Russian Federation of April 19, 2016 (The Russian Federation Code, 2018, No. 18, of Art. 2647 are; No. 42, Art. 5972; 2017 No. 35, the Art. 5385) (further - the list of documents approved by the order of the Government of the Russian Federation No. 724-r), from other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations at which disposal the specified documents are;

7.9. Not demand from the checked face documents and other data, including allowing documents, available other state bodies, local government bodies or subordinated to state bodies or local government bodies to the organizations, included in the list of documents approved by the order of the Government of the Russian Federation No. 724-r;

7.10. Not demand from the checked face documents and other data which submission is not stipulated by the legislation the Russian Federation, and also the documents and other data which are not relating to check subject;

7.11. Not interfere with the head, other official or the authorized representative of the checked face to be present when conducting check and to make explanations on the questions relating to check subject;

7.12. Acquaint the head, other official or the authorized representative of the checked face with results of check;

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