FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 31, 2020 No. 248-FZ

About the state control (supervision) and municipal control in the Russian Federation

Accepted by the State Duma on July 22, 2020

Approved by the Federation Council on July 24, 2020

Section I. Basic provisions

Chapter 1. Subject of regulation of this Federal Law

Article 1. The state control (supervision), municipal control in the Russian Federation

1. The state control (supervision), municipal control in the Russian Federation (further - the state control (supervision), municipal control) for the purpose of this Federal Law is understood as the activities of regulatory (supervising) authorities directed to the prevention, identification and suppression of violations of mandatory requirements, performed within powers of the specified bodies by means of prevention of violations of mandatory requirements, assessment of observance by citizens and the organizations of mandatory requirements, identification of their violations, acceptance of stipulated by the legislation measures of the Russian Federation for suppression of the revealed violations of mandatory requirements, to elimination of their consequences and (or) recovery of the legal status existing before emergence of such violations.

2. The state control (supervision), municipal control shall be directed to achievement of the socially significant results connected with risk minimization of damnification (damage) to the values protected by the law caused by violations of mandatory requirements.

3. For the purposes of this Federal Law do not treat the state control (supervision), municipal control:

1) actions for verification of statements and messages on crimes and incidents which permission is carried to competence of law-enforcement bodies and other bodies of inquiry;

2) investigation and search operations, inquiry and pretrial investigation;

3) production and execution of resolutions on cases on administrative offenses;

4) hearing of cases about violation of the law about advertizing;

5) check of elimination of the circumstances which formed the basis for purpose of administrative punishment in the form of administrative suspension of operations;

6) activity of the courts, activities for providing established procedure of activity of the courts and activities for execution of court resolutions, acts of other bodies and officials;

7) activities of bodies of prosecutor's office for implementation of public prosecutor's supervision;

8) investigation of origins of accidents, labor accidents, occupational diseases, infectious and mass noninfectious diseases (poisonings, defeats) of people, animals and plants, damnification (damage) to the environment, property of citizens and organizations, to the state-owned and municipal property;

9) activities of bodies of foreign intelligence of the Russian Federation;

10) activities of bodies of the state protection;

11) activities of bodies of the Federal Security Service;

12) activities of federal executive body in the sphere of mobilization preparation and mobilization in the Russian Federation.

4. Federal state control (supervision) is exercised within powers of public authorities of the Russian Federation on areas of jurisdiction of the Russian Federation, powers of public authorities of the Russian Federation in objects of joint maintaining the Russian Federation and subjects of the Russian Federation.

5. Regional state control (supervision) is exercised within powers of the subject of the Russian Federation in objects of joint maintaining the Russian Federation and subjects of the Russian Federation, powers of the subject of the Russian Federation on areas of jurisdiction of the subject of the Russian Federation.

6. Municipal control is exercised within powers of local government bodies according to the solution of questions of local value.

7. Types of the state control (supervision), types of municipal control (further also - control type) are established according to part 8 of this Article.

8. Types of federal state control (supervision), types of regional state control (supervision) in objects of joint maintaining the Russian Federation and subjects of the Russian Federation, types of municipal control are established by the Federal Laws (further - the Federal Law on control type). Types of regional state control (supervision) on areas of jurisdiction of subjects of the Russian Federation are established by the laws of subjects of the Russian Federation (further - the law of the subject of the Russian Federation on control type).

9. The type of regional state control (supervision), type of municipal control are subject to implementation in the presence in borders of the subject of the Russian Federation, borders of the municipality of objects of the corresponding type of control.

10. The Federal Law on control type, the law of the subject of the Russian Federation on type of control determine the name of type of control with indication of its reference to federal state control (supervision), or to regional state control (supervision), or to municipal control.

Article 2. Scope of this Federal Law

1. This Federal Law governs the relations on the organization and implementation of the state control (supervision), municipal control, establishes guarantees of protection of the rights of citizens and the organizations as controlled persons.

2. Provisions of this Federal Law are applied to the organization and control of the activities of public authorities which are not connected with implementation by them of powers of authority, to the organization and control of activities of local government bodies, except for activities, performed by them in case of the solution of questions of local value, implementation of powers according to the solution of the specified questions, other powers and realization of the rights reserved for them according to the legislation if implementation of the specified control is provided by the Federal Laws.

3. This Federal Law is applied to the licensing performed according to the Federal Law of May 4, 2011 No. 99-FZ "About licensing of separate types of activity" in the following part:

1) holding planned control (supervising) actions concerning the legal entities or individual entrepreneurs having the license (further - licensees). Holding planned control (supervising) actions concerning licensees can be cancelled or replaced with the periodic confirmation of conformity of licensees to licensed requirements performed in the form of the state service;

2) holding unplanned control (supervising) actions concerning licensees according to the procedure and the cases provided by Chapters 12 and 13 of this Federal Law;

3) holding preventive actions concerning licensees.

4. Provisions of this Federal Law are not applied to the organization and implementation:

1) the state control (supervision) at check points through Frontier of the Russian Federation and in warehouses of the temporary storage performed according to the procedure established by the Government of the Russian Federation if other regulation is not established by the Federal Law;

2) the state control of observance by the Russian participants of foreign economic activity of the legislation of the Russian Federation in the field of export control; control of ensuring counteraction to foreign technical intelligence services and technical information security; the state control in the field of safety of significant objects of critical information infrastructure of the Russian Federation, licensed control of activities for development and production of remedies of confidential information; licensed control of activities for technical protection of confidential information;

3) state port control;

4) the control which is directly connected with ensuring defense, the state control of activities in the field of military and technical cooperation;

5) supervision of observance by participants of traffic of requirements of the legislation of the Russian Federation on traffic safety;

6) the state supervision of the small size vessels used in non-commercial purposes;

7) control of drug trafficking, psychotropic substances and their precursors;

8) state financial control and municipal financial control, control of use of means by the state corporations;

9) control (supervision) of activities of credit institutions and banking groups, not credit financial credit institutions, persons rendering professional services in the financial market, supervision in national payment system;

10) control and supervision of observance by issuers of requirements of the legislation of the Russian Federation on joint-stock companies and securities, in the sphere of the corporate relations in joint-stock companies;

11) control of observance of requirements of the legislation of the Russian Federation on counteraction to unauthorized use of insider information and to market manipulation;

12) control and supervision in the sphere of legal protection and use of the results of intellectual activities created within budgetary appropriations of the federal budget, and also control and supervision in the established field of activity concerning the state customers and the organizations - contractors of the public contracts providing carrying out research, developmental and technological works;

13) control of activities of specialized non-profit organizations which perform the activities aimed at providing carrying out capital repairs of common property in apartment houses;

14) it is excluded

15) control in the sphere of purchases of goods, works, services for ensuring the state and municipal needs, control of compliance with law under the organization and carrying out purchases by separate types of legal entities;

16) control of compliance with law about the state defensive order;

17) control of implementation of foreign investments in the economic societies having strategic importance for ensuring defense of the country and safety of the state;

18) forest protection.

5. Provisions of this Federal Law are not applied to the organization and implementation of the following types of the state control (supervision):

1) tax control;

2) currency exchange control;

3) customs control;

4) control in the sphere of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction;

5) control of observance of requirements to anti-terrorist security of objects (territories);

6) federal state control (supervision) of traffic in weapons (except for the state control (supervision) of observance of licensed requirements when implementing development, production, testing, installation, installation, maintenance, repair, utilization and realization of arms and military equipment, development, production, testing, storage, realization and utilization of ammunition, developments, productions, testing, repair and utilization of civil and office weapon and the main parts of firearms, development, production, testing, utilization of cartridges to civil and office weapon and components of cartridges;

7) federal state control (supervision) of compliance with law of the Russian Federation in the field of private detective activities;

8) federal state control (supervision) of compliance with law of the Russian Federation in the field of private security activities;

9) federal state control (supervision) of activities of divisions of protection of legal entities with singular authorized problems and divisions of departmental protection;

10) federal state control (supervision) of safety of objects of fuel and energy complex;

11) federal state control (supervision) in the sphere of migration;

11. 1) the state control of compliance with law of the Russian Federation about foreign agents;

12) federal state supervision of activities of non-profit organizations;

13) supervision and control of execution of the legislation of the Russian Federation on liberty of conscience, religious liberty and about religious associations;

14) federal state supervision of activities of self-regulatory organizations;

15) state control of observance of the antitrust law;

16) control of observance by the insurer of the legislation of the Russian Federation on compulsory social insurance from labor accidents and occupational diseases regarding payment of insurance premiums and payments of insurance coverage;

17) federal state supervision in the field of use of atomic energy; federal state supervision in the field of nuclear and radiation safety in case of development, production, testing, operation, storage and utilization of nuclear weapon and military nuclear power plants; federal state supervision in the field of physical protection of nuclear materials, nuclear installations and Items of storage of nuclear materials on the nuclear objects subordinated to the Ministry of Defence of the Russian Federation, and also on nuclear objects on which accomplishment of orders for the benefit of ensuring defense of the Russian Federation is performed; the state control of safety of transportation (transportation) of nuclear materials, radioactive materials and products from them, except for the nuclear materials transferred as a part of products to the Ministry of Defence of the Russian Federation;

18) licensed control of organization activity on use of nuclear materials and radioactive materials in case of work on use of atomic energy in the defensive purposes, including development, production, testing, transportation (transportation), operation, storage, liquidation and utilization of nuclear weapon and military nuclear power plants;

19) control when importing to the Russian Federation from the states which are not entering into the Eurasian Economic Union and export from the Russian Federation to the states which are not entering into the Eurasian Economic Union, the precious metals, gemstones and primary goods containing precious metals;

20) the state control of compliance with law of the Russian Federation in the sphere of mass media exercised without interaction with controlled person;

21) the state control of compliance with law of the Russian Federation about protection of children from information doing harm to their health and (or) development when implementing such control without interaction with controlled person;

22) the state control and supervision of processing of personal data performed without interaction with controlled person;

23) the state control in the field of communication exercised without interaction with controlled person;

24) control of radiations of radio-electronic means and (or) high-frequency devices (radio control).

6. The organization and implementation of federal state fire supervision, federal state energy supervision, federal state construction supervision, federal state metrological control (supervision), federal state supervision in the field of industrial safety, federal state sanitary and epidemiologic control (supervision), federal state veterinary control (supervision), federal state control (supervision) in the field of the treatment of animals on objects of federal executive bodies in the sphere of defense, safety, activities of troops of national guard of the Russian Federation, internal affairs, foreign intelligence, the state protection, execution of punishments, mobilization preparation and mobilization, on the objects occupied by troops of national guard of the Russian Federation federal state phytosanitary quarantine control (supervision) on the objects occupied by troops of national guard of the Russian Federation, federal state geological control (supervision), federal state environmental control (supervision) on the objects subordinated to federal executive body in the field of safety, the state land supervision on the parcels of land provided subordinated to federal executive body in the field of safety to the organizations on which the objects used by such organizations are located are regulated by the Federal Laws on control types adopted according to them regulations on types of federal state control (supervision) and (or) regulatory legal acts of federal executive bodies. The organization and implementation of federal state construction supervision on objects of the federal nuclear organizations are regulated by the Federal Laws on type of control and regulatory legal acts of State Atomic Energy Corporation "Rosatom" adopted according to them. The organization and implementation of federal state supervision in the field of industrial safety on the objects used in case of development, production, testing, operation and utilization of nuclear weapon and military nuclear power plants are regulated by the Federal Laws on type of control and regulatory legal acts of federal executive body adopted according to them in the field of defense.

Article 3. Normative legal regulation of the state control (supervision), municipal control

1. Normative legal regulation of the relations arising in connection with the organization and implementation of the state control (supervision), municipal control is performed by this Federal Law, and in cases and limits set by this Federal Law, also other Federal Laws, acts of the President of the Russian Federation, orders of the Government of the Russian Federation, regulatory legal acts of federal executive bodies, the laws and other regulatory legal acts of subjects of the Russian Federation, municipal regulatory legal acts.

2. The procedure for the organization and implementation of the state control (supervision), municipal control is established:

1) for the sake of appearances federal state control (supervision) - the regulations on type of federal state control (supervision) approved by the President of the Russian Federation or the Government of the Russian Federation;

2) for the sake of appearances federal state control (supervision) in case of delegation of power on its implementation to public authorities of subjects of the Russian Federation, local government bodies - the regulations on type of federal state control (supervision) approved by the Government of the Russian Federation, and also if necessary the regulations on type of federal state control (supervision) approved by the supreme executive body of the government of the subject of the Russian Federation;

3) for the sake of appearances regional state control (supervision) - the regulations on type of regional state control (supervision) approved by the supreme executive body of the government of the subject of the Russian Federation;

4) for the sake of appearances municipal control - the regulations on type of municipal control approved by representative body of the municipality.

3. Regulations on the types of regional state control (supervision) performed within powers of the subject of the Russian Federation in objects of joint maintaining the Russian Federation and subjects of the Russian Federation, regulations on types of municipal control affirm taking into account general requirements to the organization and implementation of separate types of regional state control (supervision), types of municipal control. Such requirements can be established by the Government of the Russian Federation.

4. The Federal Laws on types of control can establish provisions which according to this Federal Law shall contain in regulations on control type.

5. Are determined by regulations on type of control:

1) the regulatory (supervising) authorities authorized on implementation of type of control;

2) criteria of reference of objects of control to categories of risk of damnification (damage) within implementation of type of control;

3) the list of preventive actions within implementation of type of control;

4) types of control (supervising) actions which carrying out is possible within implementation of type of control, and the list of admissible control (supervising) actions as a part of each control (supervising) action;

5) types and frequency of holding planned control (supervising) actions for each category of risk, except for categories of low risk;

6) features of assessment of observance of licensed requirements by the controlled persons having the license;

7) other questions which regulation according to this Federal Law, and in the cases established by this Federal Law according to the Federal Laws on types of control is performed by regulations on control type.

6. Regulatory legal acts of the State corporation on space activities Roskosmos, State Atomic Energy Corporation "Rosatom" (further - the state corporations) can be performed normative legal regulation concerning the corresponding type of federal state control (supervision) in cases and limits set by this Federal Law for federal executive bodies if they are given according to the Federal Laws authority on normative legal regulation in the established field of activity.

7. Supervision of execution of this Federal Law is exercised by the Prosecutor General of the Russian Federation and prosecutors subordinated to it according to the powers conferred by the Federal Law "About Prosecutor's Office of the Russian Federation".

8. By the Federal Laws providing special legal regulation concerning the separate territories (the federal territory Sirius, the free port of Vladivostok, the free economic zone in the territories of the Republic of Crimea and the federal city of Sevastopol, the territories of the advancing development, the innovative center "Skolkovo", the Military innovative technopolis of Ayr of the Ministry of Defence of the Russian Federation, special economic zones, the Arctic zone of the Russian Federation), features of the organization and implementation of the state control (supervision) and municipal control in the specified territories, including powers of the Government of the Russian Federation on establishment of such features can be established.

9. The government of the Russian Federation has the right to establish features of implementation of separate types of the state control (supervision) within experimental legal regime in the sphere of digital innovations, including concerning the subject of experimental legal regime in the sphere of digital innovations regarding its activities and results of such activities, and also the used production facilities.

10. Explanations concerning application of this Federal Law are made by the federal executive body performing functions on development of state policy and normative legal regulation in the field of the state control (supervision) and municipal control.

Article 4. Powers of public authorities of the Russian Federation in the field of the state control (supervision), municipal control

1. In the field of the state control (supervision), municipal control treat powers of public authorities of the Russian Federation:

1) forming and carrying out in the territory of the Russian Federation single state policy in the sphere of the state control (supervision), municipal control, including in the field of providing the rights of citizens, the organizations when implementing the state control (supervision), municipal control;

2) organization and implementation of federal state control (supervision);

3) other powers according to this Federal Law, and in the cases provided by this Federal Law according to other Federal Laws.

2. Powers on implementation of separate types of federal state control (supervision) can be delegated for implementation to public authorities of subjects of the Russian Federation, local government bodies.

Article 5. Powers of public authorities of subjects of the Russian Federation in the field of the state control (supervision)

1. In the field of the state control (supervision) treat powers of public authorities of subjects of the Russian Federation:

1) realization in the territory of appropriate subject of the Russian Federation of single state policy in the sphere of the state control (supervision), including in the field of providing the rights of citizens, the organizations when implementing regional state control (supervision);

2) the organization and implementation of regional state control (supervision) in the territory of appropriate subject of the Russian Federation;

3) other powers according to this Federal Law, and in the cases provided by this Federal Law according to other Federal Laws.

2. Powers on implementation of separate types of regional state control (supervision) can be delegated for implementation to local government bodies.

3. If the laws of subjects of the Russian Federation - the federal cities implementation of type of municipal control is not referred to powers of local government bodies concerning local value of intracity municipalities of the federal cities, appropriate authority is performed by executive bodies of subjects of the Russian Federation - the federal cities as powers on implementation of type of regional state control (supervision).

4. In the absence of approved in the procedure for regulations on types of federal state control (supervision) established by this Federal Law, powers on which implementation are delegated for implementation to public authorities of subjects of the Russian Federation, the specified provisions can affirm the supreme executive body of the government of the subject of the Russian Federation according to the legislation of the subject of the Russian Federation.

5. If the Federal Laws on types of regional state control (supervision) exercised within powers of subjects of the Russian Federation in objects of joint maintaining the Russian Federation and subjects of the Russian Federation do not settle provisions which according to this Federal Law are established by the Federal Laws on control types, the specified provisions can be established by the laws of subjects of the Russian Federation.

Article 6. Powers of local government bodies in the field of municipal control

1. In the field of municipal control treat powers of local government bodies:

1) participation in realization of single state policy in the field of the state control (supervision), municipal control when implementing municipal control;

2) the organization and implementation of municipal control in the territory of the municipality;

3) other powers according to this Federal Law, other Federal Laws.

2. Reference of implementation of the corresponding types of municipal control to powers of local government bodies concerning local value of settlements, municipal districts, city districts, city districts with intracity division, intracity areas, municipal districts is performed within the established list of questions of local value.

3. Reference of implementation of the corresponding types of municipal control to powers of local government bodies concerning local value of intracity municipalities of the federal cities is performed by the laws of subjects of the Russian Federation - the federal cities.

Chapter 2. Principles of the state control (supervision), municipal control

Article 7. Legality and justification

1. Activities for the organization and implementation of the state control (supervision), municipal control are conducted according to this Federal Law, other Federal Laws and other regulatory legal acts of the Russian Federation, the laws and other regulatory legal acts of subjects of the Russian Federation, municipal regulatory legal acts accepted according to them.

2. Actions and decisions of regulatory (supervising) authority and its officials shall be legal and reasonable.

3. Holding control (supervising) actions, making of control (supervising) actions, decision making by results of control (supervising) actions, assessment of execution of decisions of regulatory (supervising) authority are performed by regulatory (supervising) authority, his officials within the competence.

4. Decisions of regulatory (supervising) authority, action of his officials shall be objective and shall be confirmed by the actual data and documents containing reliable information.

5. Under the organization and implementation of the state control (supervision), municipal control unreasonable decision making by regulatory (supervising) authority and (or) making of frivolous actions (failure to act) by officials of regulatory (supervising) authority, including issue of unreasonable instructions about elimination of the revealed violations of mandatory requirements and (or) about holding actions for elimination of consequences of the revealed violations of mandatory requirements and (or) to recovery of the legal status existing before emergence of such violations are not allowed (further also - instructions about elimination of the revealed violations of mandatory requirements).

Article 8. Stimulation of fair observance of mandatory requirements

1. When implementing the state control (supervision), municipal control holding the preventive actions directed to decrease in risk of damnification (damage) is priority in relation to holding control (supervising) actions.

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