ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of February 15, 2023 No. 223

About approval of features of conducting state examination of the project documentation of capital construction projects, construction which reconstruction are performed within projects implementation (objects) with special status, the necessary for ensuring defense capability and safety of the state, issue of construction permits specified capital construction projects, permissions to input of the specified capital construction projects in operation

According to Items 9 and 10 of part 1 of article 18 of the Federal Law of March 8, 2022 "About modification of separate legal acts of the Russian Federation" the Government of the Russian Federation decides No. 46-FZ:

1. Approve the enclosed features of conducting state examination of the project documentation of capital construction projects, construction which reconstruction are performed within projects implementation (objects) with special status, the necessary for ensuring defense capability and safety of the state, issue of construction permits specified capital construction projects, permissions to input of the specified capital construction projects in operation.

2. To the Ministry of Industry and Trade of the Russian Federation from the date of official publication of this resolution to submit within 10-day term within the Government of the Russian Federation the list of projects (objects) with special status necessary for ensuring defense capability and safety of the state approved with the Ministry of Defence of the Russian Federation and the Ministry of Finance of the Russian Federation, for approval in accordance with the established procedure.

3. This resolution is effective till December 31, 2023 inclusive.

Approved by the Order of the Government of the Russian Federation of February 15, 2023 No. 223

Features of conducting state examination of the project documentation of capital construction projects, construction which reconstruction are performed within projects implementation (objects) with special status, the necessary for ensuring defense capability and safety of the state, issue of construction permits specified capital construction projects, permissions to input of the specified capital construction projects in operation

1. This document establishes features of conducting state examination of the project documentation of capital construction projects, construction which reconstruction are performed within projects implementation (objects) with special status necessary for the ensuring defense capability and safety of the state included in the list approved by the Government of the Russian Federation (further respectively - the project documentation, capital construction projects), including regarding assessment of conformity of the project documentation to requirements in the field of environmental protection without additional conducting the state ecological assessment, and also feature of issue of construction permits of capital construction projects, permissions to input of capital construction projects in operation.

2. The project documentation is subject to state examination according to the procedure, established by the Town-planning code of the Russian Federation, taking into account features of modification of the project documentation and (or) the results of engineering researches which received the positive decision of state examination including in connection with replacement of construction resources by analogs, features and cases of conducting state examination of the project documentation approved by the order of the Government of the Russian Federation of April 4, 2022 No. 579 "About establishment of features of modification of the project documentation and (or) the results of engineering researches which received the positive decision of state examination including in connection with replacement of construction resources by analogs, features and cases of conducting state examination of the project documentation" and the features established by the this document.

3. State examination of the project documentation is carried out by the federal executive body performing functions on the development and realization of state policy and normative legal regulation in the field of construction, architecture, town planning or subordinated to it state (budget or autonomous) the organization, federal executive body performing functions on development and realization of state policy and normative legal regulation in the field of defense, State Atomic Energy Corporation "Rosatom", and also other federal executive bodies specified regarding 4.1 articles 49 of the Town-planning code of the Russian Federation (further - the expert organizations).

4. When carrying out concerning the project documentation of state examination the state ecological assessment of the project documentation is not carried out.

5. According to the decision of the builder, technical customer state examination of the project documentation is carried out concerning separate Sections of the project documentation including prepared in relation to separate stages of construction, reconstruction of capital construction projects.

6. For the purposes hereof the stage of construction, reconstruction of capital construction project is understood as set of the building and construction works provided by separate Sections of the project documentation of which the part of capital construction project determined by amount or functional purpose and which can be executed in the absence of other Sections of the project documentation is result.

7. Subject of state examination of the project documentation is assessment of conformity of the project documentation (Sections of the project documentation) to the requirements provided in Item 1 of part 5 of article 49 of the Town-planning code of the Russian Federation, check of reliability of determination of estimated cost of construction of facilities of capital construction in the cases established by part 2 of article 8.3 of the Town-planning code of the Russian Federation, and in case, stipulated in Item the 5th this document, also assessment of compatibility of the Sections of the project documentation provided for state examination of the project documentation with other Sections of the project documentation concerning which state examination of the project documentation is carried out.

In case of preparation of the project documentation in relation to separate stages of construction, reconstruction of capital construction projects subject of state examination of the project documentation is also assessment of compatibility of the decisions provided by the project documentation prepared in relation to stage of construction, reconstruction of capital construction project with the decisions provided by the project documentation prepared in relation to other stages of construction, reconstruction of capital construction project concerning which state examination of the project documentation is carried out.

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