It is registered
Ministry of Justice
Russian Federation
On December 24, 2020 No. 61790
of November 30, 2020 No. 476
About approval of Administrative regulations of the Federal Service of troops of national guard of the Russian Federation on provision of the state service in licensing of private detective activities
According to Item 18 of part 1 of article 9 of the Federal Law of July 3, 2016 No. 226-FZ "About troops of national guard of the Russian Federation" (The Russian Federation Code, 2016, No. 27, Art. 4159; 2017, No. 50, the Art. 7562), the Federal Laws of July 27, 2010 No. 210-FZ "About the organization of provision of the state and municipal services" (The Russian Federation Code, 2010, No. 31, Art. 4179; 2020, No. 31, the Art. 5027) and of May 4, 2011 No. 99-FZ "About licensing of separate types of activity" (The Russian Federation Code, 2011, No. 19, Art. 2716; 2020, No. 31, the Art. 5029), and also the Rules of development and approval of administrative regulations of provision of the state services approved by the order of the Government of the Russian Federation of May 16, 2011 No. 373 "About development and approval of administrative regulations of implementation of the state control (supervision) and administrative regulations of provision of the state services" (The Russian Federation Code, 2011, No. 22, Art. 3169; 2018, No. 46, of the Art. 7050) - I order:
1. Approve the enclosed Administrative regulations of the Federal Service of troops of national guard of the Russian Federation on provision of the state service in licensing of private detective activities (further - Administrative regulations).
2. To the chief of Head department of the state control and licensed and allowing work of the Federal Service of troops of national guard of the Russian Federation, commanders of districts of troops of national guard of the Russian Federation, chiefs of territorial authorities of Rosgvardiya to organize studying and accomplishment by staff of requirements of Administrative regulations.
3. Declare invalid the order of the Federal Service of troops of national guard of the Russian Federation of June 28, 2019 No. 227 "About approval of Administrative regulations of the Federal Service of troops of national guard of the Russian Federation on provision of the state service in licensing of private detective activities" (registration No. 55915) is registered by the Ministry of Justice of the Russian Federation on September 13, 2019.
4. This order becomes effective since January 1, 2021.
The director of the Federal Service of troops of national guard of the Russian Federation - the commander-in-chief of troops of national guard of the Russian Federation - the general
V. Zolotov
Appendix
to the Order of the Federal Service of troops of national guard of the Russian Federation of November 30, 2020 No. 476
1. These Administrative regulations of the Federal Service of troops of national guard of the Russian Federation (further - Administrative regulations) determine terms and the sequence of ministerial procedures (actions) of officials of territorial authorities of Rosgvardiya for provision of the state service in licensing of private detective activities by provision of the state service in licensing of private detective activities (further - the state service).
2. Applicants on receipt of the state service are:
2.1. The citizens of the Russian Federation registered as individual entrepreneurs, applying for receipt of the license for implementation of private detective activities (further - the license applicant).
2.2. The citizens of the Russian Federation having the license for implementation of private detective activities (further - the licensee).
2.3. Physical persons or legal entities or their authorized representatives having intention to receive data on the specific license (further - interested persons).
3.1. Informing concerning provision of the state service, including data on the course of its provision (it is performed directly in premises of territorial authorities of Rosgvardiya (the centers of licensed and allowing work of territorial authorities of Rosgvardiya) (further - licensing authorities), and also on the telephone number for enquiries (phone answerphone), with use of mass media and in the federal state information system "Single Portal of the State and Municipal Services (Functions)") <1> (further - the Single portal);
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<1> 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 of October 24, 2011 No. 861 "About the federal state information systems providing electronic submission of the state and municipal services (implementation of functions)" (The Russian Federation Code, 2011, No. 44, Art. 6274; 2019, No. 47, Art. 6675). Further - the order of the Government of the Russian Federation No. 861.
informing on working hours of the licensing body, its address, addresses of the Single portal, the official site of Rosgvardiya and the official sites of territorial authorities of Rosgvardiya on the Internet (further - Internet network) (it is performed by means of phone answerphone which works round the clock);
informing on procedure for accomplishment of ministerial procedures (actions) and the course of provision of the state service (it is performed by the employee of the licensing body to whom accomplishment of ministerial procedures (actions) for provision of the state service (further - the employee) is assigned, in case of the personal address of the applicant, and also with use of Internet network, mail service or by phone).
In case of the response to phone call the employee shall call the name of the licensing body, surname, name, middle name (the last - in the presence) and position.
Duration of individual informing in oral form of each applicant constitutes no more than 10 minutes. If the employee for individual informing in oral form needs long (more than 10 minutes) preparation, the applicant is offered to apply for necessary information in writing.
In case of impossibility to answer independently the questions posed the employee shall report telephone number according to which it is possible to obtain necessary information.
3.2. Reference information <2> which is posted on the official site of Rosgvardiya and on the official sites of territorial authorities of Rosgvardiya in Internet network, in the federal state information system "Federal Register of the State Services and Municipal Services (Functions)" <1> (further - the federal register), on the Single portal, and also at information stands in premises of the licensing body.
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<2> Paragraphs 5 - 7 of the subitem "v" of Item 13 of Rules of development and approval of administrative regulations of provision of the state services approved by the order of the Government of the Russian Federation of May 16, 2011 No. 373.
<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 No. 861.
E-mail addresses of licensing authorities are posted on the official site of Rosgvardiya and on the official sites of territorial authorities of Rosgvardiya in Internet network.
3.3. On the Single portal the following information is placed:
3.3.1. The exhaustive list of the documents necessary for provision of the state service, the requirement to execution of the specified documents, and also the list of documents which the applicant has the right to provide on own initiative.
3.3.2. Circle of applicants.
3.3.3. Term of provision of the state service.
3.3.4. Results of provision of the state service, procedure for submission of the document which is result of provision of the state service.
3.3.5. The amount of the state tax collected for provision of the state service.
3.3.6. The exhaustive list of the bases for suspension or refusal in provision of the state service.
3.3.7. About the applicant's right to pre-judicial (extrajudicial) appeal of actions (failure to act) and the decisions made (performed) during provision of the state service.
3.3.8. The forms of statements (notifications, messages) used by provision of the state service.
Information on the Single portal on procedure and terms of provision of the state service based on the data containing in the federal register is provided to the applicant free of charge.
The information access about terms and procedure for provision of the state service is performed without accomplishment by the applicant of any requirements, including without use of the software which installation on technical means of the applicant requires the conclusion of license or other agreement with the owner of the software providing collection of payment, registration or authorization of the applicant or provision of personal data by it.
3.4. Licensing authorities have no right to refuse reception of an application about the provision of the state service and documents necessary for provision of the state service, and also to refuse provision of the state service if the statement for provision of the state service and the documents necessary for service provision are submitted according to information on terms and procedure for provision of the service published on the Single portal.
4. State service in licensing of private detective activities.
5. The state service is provided by territorial authorities of Rosgvardiya.
6. It is forbidden to demand from the applicant of implementation of actions the, including coordination necessary for receipt of the state service and connected with the appeal to other state bodies and the organizations, except for receipts of the services included in the list of services which are federal executive bodies, State Atomic Energy Corporation "Rosatom" of the state services, necessary and obligatory for provision, and are provided by the organizations participating in provision of the state services, No. 352 approved by the order of the Government of the Russian Federation of May 6, 2011 (The Russian Federation Code, 2011, No. 20, Art. 2829; 2020, No. 39, Art. 6038).
7. Is result of provision of the state service:
provision (refusal in provision) licenses for private detective activities (further - the license);
prolongation (refusal in prolongation) license effective period;
renewal (refusal in renewal) licenses;
the termination (refusal in the termination) actions of the license according to the statement of the licensee;
provision (refusal in provision) data on the specific license in the form of the statement from the register of licenses or the copy of the act of the licensing body of the made decision, or the certificate of lack of required data.
Along with provision (prolongation of effective period, renewal) of the license for the term of its action the certificate of the private detective, stipulated in Item the 49th these Administrative regulations is issued.
8. Provision terms (provision suspension) of the state service and provision (direction) of the documents which are result of provision of the state service:
8.1. Decision making about provision (about refusal in provision) licenses is performed no more than 45 working days from the date of acceptance by the licensing body of properly issued application for provision of the license and the documents attached to it in full provided by subitem 10.1 of Item 10 of these Administrative regulations <1> in time.
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<1> Part 1 of article 6 of the Law of the Russian Federation of March 11, 1992 No. 2487-1 "About private detective and security activities in the Russian Federation" (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, No. 17, Art. 888; The Russian Federation Code, 2016, No. 27, the Art. 4160), Further - the Law "About Private Detective and Security Activities in the Russian Federation".
8.2. Decision making about prolongation (about refusal in prolongation) effective period of the license or about renewal (about refusal in renewal) licenses is performed no more than 30 working days from the date of acceptance by the licensing body of properly issued application for prolongation of effective period of the license or for renewal of the license and the documents attached to it provided by subitems 10.2 or 10.3 of Item 10 of these Administrative regulations <2> in time.
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<2> Part 8 of article 6 of the Law "About Private Detective and Security Activities in the Russian Federation".
8.3. Suspension of provision of the state service in the bases, stipulated in Item the 16th these Administrative regulations, is performed for the term of no more than 30 calendar days <3>.
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<3> Part 8 of article 13 of the Federal Law of the Russian Federation of May 4, 2011 No. 99-FZ "About licensing of separate types of activity". Further - the Federal Law "About Licensing of Separate Types of Activity".
8.4. Decision making about the termination (about refusal in the termination) actions of the license is performed by the licensing body within 10 working days from the date of reception of an application and the documents attached to it provided by subitem 10.4 of Item 10 of these Administrative regulations.
8.5. Provision (direction) of the notification on provision (about prolongation of effective period, about renewal) licenses provided by subitem 48.1 of Item 48 of these Administrative regulations or the notification on refusal provided by subitem 48.2 of Item 48 of these Administrative regulations is performed within 3 working days from the date of adoption of the relevant decision.
8.6. Provision (direction) of the termination letter (about refusal in the termination) actions of the license, stipulated in Item 115th these Administrative regulations, is performed within 3 working days from the date of decision making about the termination (about refusal in the termination) actions of the license.
8.7. Provision (direction) of data on the specific license in the form of the statement from the register of licenses <1> or the notification on refusal in provision of such data, or the copy of the act of the licensing body of the made decision, or the certificate of lack of required data which is issued in case of absence in the register of licenses of data on licenses or in case of impossibility of determination of the specific licensee, is performed within 3 working days from the date of receipt of the statement provided by subitem 10.5 of Item 10 of these Administrative regulations.
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<1> Part 8 of article 6 of the Law "About Private Detective and Security Activities in the Russian Federation".
9. The list of the regulatory legal acts regulating provision of the state service is posted on the official site of Rosgvardiya and on the official sites of territorial authorities of Rosgvardiya in Internet network, in the federal register and on the Single portal.
10. For provision of the state service are represented:
10.1. For receipt of the license by the license applicant:
statement for provision of the license (appendix No. 1 to these Administrative regulations);
the identity document of the citizen of the Russian Federation in the territory of the Russian Federation <1> (further - the identity document);
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<1> The presidential decree of the Russian Federation of March 13, 1997 No. 232 "About the main identity document of the citizen of the Russian Federation in the territory of the Russian Federation" (The Russian Federation Code, 1997, No. 11, the Art. 1301).
questionnaire (appendix No. 2 to these Administrative regulations);
2 photos of 4 x 6 cm in size;
the medical certificate about lack of medical contraindications to implementation of private detective activities including chemical and toxicological researches of availability in human body of drugs, psychotropic substances and their metabolites <2> (further - the medical certificate);
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<2> Part 10 of article 6 of the Law "About Private Detective and Security Activities in the Russian Federation".
data on the need for technical means and intention to use them;
the documents confirming availability of secondary professional legal education or the higher legal education or passing of professional training for work as the private detective or length of service in operational or investigative divisions at least three years;
the inventory of the enclosed documents <3> (the recommended sample is given in appendix No. 3 to these Administrative regulations).
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<3> Item 4 of part 3 of article 13 of the Federal law "About Licensing of Separate Types of Activity".
10.2. For prolongation of effective period of the license by the licensee:
statement for prolongation of effective period of the license (appendix No. 4 to these Administrative regulations);
identity document;
questionnaire;
2 photos of 4 x 6 cm in size;
medical certificate;
data on the need for technical means and intention to use them;
the inventory of the enclosed documents.
10.3. For renewal of the license by the licensee:
statement for renewal of the license (appendix No. 5 to these Administrative regulations);
identity document;
questionnaire;
2 photos of 4 x 6 cm in size;
the documents confirming the changes specified in the statement for renewal of the license;
the inventory of the enclosed documents.
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