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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of August 3, 2021 No. 1299

About approval of Rules of compensation to controlled person of cost of the lost products (the lost goods) during exit check

According to part 11 of article 73 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 Rules of compensation to controlled person of cost of the lost products (the lost goods) during exit check.

2. The expenses connected with cost recovery of the lost products (the lost goods) during exit check are made at the expense of means of the relevant budget of the budget system of the Russian Federation.

Russian Prime Minister

M. Mishustin

Approved by the Order of the Government of the Russian Federation of August 3, 2021 No. 1299

Rules of compensation to controlled person of cost of the lost products (the lost goods) during exit check

1. These rules establish cases and procedure for compensation by regulatory (supervising) authority to controlled person of cost of products (goods) lost during exit check if other is not established by the Federal Law on type of federal state control (supervision), type of regional state control (supervision) in objects of joint maintaining the Russian Federation and subjects of the Russian Federation, type of municipal control.

2. The cost of the lost products (the lost goods) withdrawn (withdrawn) by regulatory (supervising) authority when carrying out sampling (samples) products (goods) during implementation of exit check if the violations of mandatory requirements to safety and (or) product quality (goods) attracting risks of damnification (damage) to the values protected by the law are not revealed is subject to compensation, and products (goods) are not subject (are not subject) to return owing to loss by it (them) consumer properties or according to requirements, statutory rules of sale of separate types of products (goods) (except as specified conducting exit check in case of control and supervision in the sphere of drug circulation, medical products, donor blood, its components and biomedical cellular products).

Cost recovery of the lost products (the lost goods) is made if the cost of the lost products (the lost goods) constitutes at least 10000 rubles.

3. The cost of the lost products (the lost goods) is compensated to controlled person from whom the lost products (the lost goods) are withdrawn (are withdrawn), by payment to it by regulatory (supervising) authority of money in the amount of cost such (such) products (goods).

4. For cost recovery of the lost products (the lost goods) controlled person represents to regulatory (supervising) authority in electronic form with use of the official site of regulatory (supervising) authority on the Internet or information system of regulatory (supervising) authority or by e-mail:

the statement for cost recovery of the lost products (the lost goods) with indication of the lost products (the lost goods), its costs, and also bank account details for money transfer which are due to controlled person for the purpose of cost recovery of the lost products (the lost goods);

electronic images (scan copy) of the documents confirming legality of ownership of controlled person of the lost products (the lost goods) (in case of their availability);

electronic images (scan copy) of documents (calculations) confirming cost of the lost products (the lost goods) or similar products (goods) (in case of their availability).

The application from the organization directed in electronic form by e-mail is signed by the qualified digital signature. The application from the citizen directed in electronic form by e-mail is signed by the simple digital signature.

In case of the direction of the statement in electronic form with use of the official site of regulatory (supervising) authority on the Internet or information system of regulatory (supervising) authority the type of the used digital signature is determined by regulatory (supervising) authority.

The application for cost recovery of the lost products (the lost goods) can be directed within 3 months from the date of creation of the act of exit check by regulatory (supervising) authority.

5. For the solution of the questions connected with cost recovery of the lost products (the lost goods), the head of regulatory (supervising) authority creates the commission and takes measures for ensuring its activities.

The commission is created on permanent basis or in each case of receipt of the statement for cost recovery of the lost products (the lost goods).

Activities of the commission are performed in accordance with the legislation of the Russian Federation, these rules and the regulations on the commission approved by the head of regulatory (supervising) authority.

The application for cost recovery of the lost products (the lost goods) is considered by the commission within a month from the date of receipt in regulatory (supervising) authority of the documents specified in item 4 of these rules.

The commission considers the application and documents submitted by controlled person to regulatory (supervising) authority, and also other documents including received from specialists and divisions of regulatory (supervising) authority and (or) from commissions of experts (experts) and other organizations and the organizations for requests (addresses) of the commission or regulatory (supervising) authority.

The procedure for consideration by the commission of the questions connected with cost recovery of the lost products (the lost goods) is determined by regulations on the commission.

6. By results of consideration of the questions connected with cost recovery of the lost products (the lost goods), the commission makes the decision on cost recovery of the lost products (the lost goods) in which the amount of cost recovery of the lost products (the lost goods), or about refusal in cost recovery of the lost products (the lost goods) is specified.

7. The decision on cost recovery of the lost products (the lost goods) goes to the controlled person by e-mail or through departmental information system within 2 days from the date of adoption of such decision.

In case of adoption by the commission of the decision on refusal in cost recovery of the lost products (the lost goods) the notice by e-mail or through departmental information system with indication of causes of failure goes to the controlled person within 2 days from the date of adoption of such decision by regulatory (supervising) authority.

8. Cost recovery of the lost products (the lost goods) is performed within 10 days from the date of adoption by the commission of the decision on cost recovery of the lost products (the lost goods) by money transfer on the bank account details specified by controlled person in the statement for cost recovery of the lost products (the lost goods).

9. The decision on cost recovery of the lost products (the lost goods) in case of disagreement of controlled person with the cost of the lost products (the lost goods) determined by regulatory (supervising) authority, and also the decision on refusal in cost recovery of the lost products (the lost goods) can be appealed judicially.

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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