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 March 18, 2019 No. 52

About approval of Administrative regulations of implementation of the state control (supervision) by Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications in the sphere of communication behind observance by users of radio-frequency range of procedure, the requirements and conditions relating to use of radio-electronic means or high-frequency devices including supervision taking into account messages (data) received in the course of carrying out radio control by radio-frequency service

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, No. 36, Art. 5623; No. 46, the Art. 7050), subitem 5.1.1.2.6 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; No. 52, Art. 8128; 2018, No. 6, Art. 893, No. 40, Art. 6142; 2019, to No. 10, of the Art. 970), I order:

1. Approve Administrative regulations of implementation of the state control (supervision) by Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications in the sphere of communication behind observance by users of radio-frequency range of procedure, the requirements and conditions relating to use of radio-electronic means or high-frequency devices including supervision taking into account messages (data) received in the course of carrying out radio control by radio-frequency service.

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

Approved by the Order of the Federal Service of the Russian Federation on supervision in the sphere of communication, information technologies and mass communications of March 18, 2019, No. 52

Administrative regulations of implementation of the state control (supervision) by Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications in the sphere of communication behind observance by users of radio-frequency range of procedure, the requirements and conditions relating to use of radio-electronic means or high-frequency devices including supervision taking into account messages (data) received in the course of carrying out radio control by radio-frequency service

I. General provisions

Name of function

1. Function on implementation of the state control (supervision) in the sphere of communication of observance by users of radio-frequency range of procedure, the requirements and conditions relating to use of radio-electronic means or high-frequency devices including supervision taking into account messages (data) received in the course of carrying out radio control by radio-frequency service (further - the state control).

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

2. The state control is exercised by Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications and its territorial authorities.

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 (with indication of their details and sources of official publication), is placed on the Internet (further - the Internet) on the official site of Roskomnadzor of http://www.rkn.gov.ru (further - the official site of Roskomnadzor), in the federal state information system "Federal Register of the State Services (Functions)" <1> and in the federal state information system "Single Portal of the State and Municipal Services (Functions)" <2> (further - the Single portal).

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<1> The regulations on the federal state information system "Federal Register of the State and Municipal Services (Functions)" approved by the order of the Government of the Russian Federation of October 24, 2011 No. 861 (The Russian Federation Code, 2011, No. 44, Art. 6274; No. 49, Art. 7284; 2013, No. 45, Art. 5807; 2014, No. 50, Art. 7113; 2015, No. 1, Art. 283; No. 8, Art. 1175; 2017, No. 20, Art. 2913; No. 23, Art. 3352; No. 32, Art. 5065; No. 41, Art. 5981; No. 44, Art. 6523; 2018, No. 8, Art. 1215; No. 15, Art. 2121; No. 25, Art. 3696; No. 40, the Art. 6142) (further - the order of the Government of the Russian Federation No. 861).

<2> The regulations on the federal state information system "Single Portal of the State and Municipal Services (Functions)" approved by the order of the Government of the Russian Federation No. 861.

Subject of the state control (supervision)

4. Subject of the state control is observance by legal entities, individual entrepreneurs and physical persons (further - the checked faces, the checked face) mandatory requirements to procedure for use of radio-frequency range, parameters of the radiation (acceptance) of radio-electronic means and high-frequency devices of civil appointment, and also to the conditions established in case of allocation of strip of radio frequencies or assignment (appointment) of radio frequency or the radio-frequency channel, stipulated in Item the 5th Articles 22, by Item 1 of article 24 of the Federal Law of July 7, 2003 No. 126-FZ "About communication">, the paragraph of the 8th Item 15 of the Regulations on the State Commission on Radio Frequencies approved by the order of the Government of the Russian Federation of July 2, 2004 No. 336 <4>, item 4 of Rules of registration of radio-electronic means and high-frequency devices approved by the order of the Government of the Russian Federation of October 12, 2004 No. 539 <5>, accomplishment by the checked faces of instructions about elimination of the revealed violations which are earlier issued by Roskomnadzor, territorial authorities of Roskomnadzor according to part 1 of article 17 of the Federal Law of December 26, 2008 to No. 294-FZ "About protection of the rights of legal entities and individual entrepreneurs when implementing the state control (supervision) and municipal control" <6> (further - mandatory requirements, the Federal Law No. 294-FZ respectively).

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<3> Russian Federation Code, 2003, No. 28, Art. 2895; 2004, No. 35, Art. 3607; No. 45, Art. 4377; 2005, No. 19, Art. 1752; 2006, No. 6, Art. 636; No. 10, Art. 1069; No. 31, Art. 3431, 3452; 2007, No. 1, Art. 8; No. 7, Art. 835; 2008, No. 18, Art. 1941; 2009, No. 29, Art. 3625; 2010, No. 7, Art. 705; No. 15, Art. 1737; No. 27, Art. 3408; No. 31, Art. 4190; 2011, No. 7, Art. 901; No. 9, Art. 1205; No. 25, Art. 3535; No. 27, Art. 3873, 3880; No. 29, Art. 4284, 4291; No. 30, Art. 4590; No. 45, Art. 6333; No. 49, Art. 7061; No. 50, Art. 7351, 7366; 2012, No. 31, Art. 4322, 4328; No. 53, Art. 7578; 2013, No. 19, Art. 2326; No. 27, Art. 3450; No. 30, Art. 4062; No. 43, Art. 5451; No. 44, Art. 5643; No. 48, Art. 6162; No. 49, Art. 6339, 6347; No. 52, Art. 6961; 2014, No. 6, Art. 560; No. 14, Art. 1552; No. 19, Art. 2302; No. 26, Art. 3366, 3377; No. 30, Art. 4229, 4273; No. 49, Art. 6928; 2015, No. 29, Art. 4342, 4383, Art. 4389; 2016, No. 10, Art. 1316, 1318; No. 15, Art. 2066; No. 18, Art. 2498; No. 26, Art. 3873; No. 27, Art. 4213, 4221; No. 28, Art. 4558; 2017, No. 17, Art. 2457; No. 24, Art. 3479; No. 31, Art. 4742, 4794; No. 50, Art. 7557; 2018, No. 17, Art. 2419; No. 32, Art. 5135; No. 51, Art. 7862; No. 53, Art. 8455.

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