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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of July 15, 2021 No. 1213

About approval of the Regulations on federal state control (supervision) of observance of mandatory requirements to holding examination in Russian as foreign, to history of Russia and bases of the legislation of the Russian Federation and issue to foreign citizens of the certificate

According to item 4 of article 15.2 of the Federal law "About Legal Status of Foreign Citizens in the Russian Federation", Item 1 of part 2 of article 3 of the Federal law "About the State Control (Supervision) and Municipal Control in the Russian Federation" Government of the Russian Federation decides:

1. Approve the enclosed Regulations on federal state control (supervision) of observance of mandatory requirements to holding examination in Russian as foreign, to history of Russia and bases of the legislation of the Russian Federation and issue to foreign citizens of the certificate.

2. This resolution becomes effective from the date of entry into force of the Federal Law "About introduction of amendments to the Federal law "About Legal Status of Foreign Citizens in the Russian Federation" and the Federal Law "About the State Dactyloscopic Registration in the Russian Federation".

Russian Prime Minister

M. Mishustin

Approved by the Order of the Government of the Russian Federation of July 15, 2021 No. 1213

Regulations on federal state control (supervision) of observance of mandatory requirements to holding examination in Russian as foreign, to history of Russia and bases of the legislation of the Russian Federation and issue to foreign citizens of the certificate

1. This Provision establishes procedure for the organization and implementation of federal state control (supervision) of observance of mandatory requirements to holding examination in Russian as foreign, to history of Russia and bases of the legislation of the Russian Federation and issue to foreign citizens of the certificate (further respectively - examination, federal state control (supervision).

2. Federal state control (supervision) is exercised by Federal Service for Supervision in Education and Science (further - regulatory (supervising) authority in education).

3. Subject of federal state control (supervision) is observance by the organizations specified in Item 2 of article 15.1 of the Federal law "About Legal Status of Foreign Citizens in the Russian Federation" (further - controlled persons), the mandatory requirements established by the specified Federal Law and other regulatory legal acts accepted according to it to holding examination in Russian as foreign, to history of Russia and bases of the legislation of the Russian Federation and issue to foreign citizens of certificates on ownership of Russian, knowledge of history of Russia and bases of the legislation of the Russian Federation (further - mandatory requirements).

4. Object of federal state control (supervision) are activities of controlled persons for holding examination and issue to foreign citizens of the certificate on ownership of Russian, knowledge of history of Russia and bases of the legislation of the Russian Federation at the level answering the purpose of receipt of permission to temporary residence or the residence permit, the work permit or the patent specified in article 13.3 of the Federal law "About Legal Status of Foreign Citizens in the Russian Federation" (further respectively - the certificate, object of control).

5. Accounting of objects of control is performed by means of:

a) maintaining the list of the organizations which are performing educational activities, holding examination;

b) uses of the state information system of the state supervision in education;

c) uses of the federal information system "The Federal Register of Data on Education Documents and (or) about Qualification, Documents on Training".

6. Federal state control (supervision) is exercised on the basis of risk management of damnification (damage) to the values protected by the law determining the choice of preventive actions and control (supervising) actions, their content (including amount of the checked mandatory requirements), intensity and results.

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

8. Taking into account weight of damnification (damage) to the values protected by the law and probability of approach of negative events which can entail damnification (damage) to the values protected by the law and also taking into account conscientiousness of controlled persons objects of control are subject to reference to categories of high, average and low risk of damnification (damage) to the values protected by the law (further - categories of risk).

9. Criteria of reference of objects of control to categories of risk within implementation of federal state control (supervision) are given in appendix.

10. Reference of object of control to one of categories of risk is performed by regulatory (supervising) authority in education on the basis of comparison of its characteristics to the approved criteria of reference of objects of control to categories of risk.

Controlled person has the right to submit to regulatory (supervising) authority in education the statement for change of category of risk of the activities performed by it or the categories of risk belonging to it (used by it) other objects of control in case of their compliance to criteria of risk for reference to other category of risk.

In case of receipt from controlled person in regulatory (supervising) authority in education of data on compliance of object of control to criteria of reference of objects of control to categories of risk of other category of risk the regulatory (supervising) authority in education within 5 working days from the date of receipt of the specified data makes the decision on change of category of risk of object of control.

11. On behalf of regulatory (supervising) authority in education the following officials have the right to exercise federal state control (supervision):

a) the head (deputy manager) of regulatory (supervising) authority in education;

b) the official of regulatory (supervising) authority in education of category "heads" or "specialists" to which job responsibilities according to official regulations implementation of powers on federal state control (supervision) belongs, including holding preventive and control (supervising) actions (further - the official).

12. The official authorized on holding specific control (supervising) action is determined by the decision of regulatory (supervising) authority in education about holding control (supervising) action.

13. The decision on holding control (supervising) action is made by the head (deputy manager) of regulatory (supervising) authority in education.

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