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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of April 3, 2024 No. 422

About approval of Rules of confirmation of conformity of the licensee to licensed requirements in the field of production and turnover of tobacco products, nikotinsoderzhashchy products and raw materials for their production

According to article 10 of the Federal law "About State Regulation of Production and Turnover of Tobacco Products, Tobacco Products, Nikotinsoderzhashchy Products and Raw Materials for Their Production" Government of the Russian Federation decides:

1. Approve the enclosed Rules of confirmation of conformity of the licensee to licensed requirements in the field of production and turnover of tobacco products, nikotinsoderzhashchy products and raw materials for their production.

2. This resolution becomes effective since June 1, 2028 and is effective till June 1, 2033.

Russian Prime Minister

M. Mishustin

Approved by the Order of the Government of the Russian Federation of April 3, 2024 No. 422

Rules of confirmation of conformity of the licensee to licensed requirements in the field of production and turnover of tobacco products, nikotinsoderzhashchy products and raw materials for their production

1. These rules determine procedure and terms of periodic confirmation of conformity of the legal entity or individual entrepreneur, having license for one of the types of activity specified regarding 1 article 8 of the Federal law "About State Regulation of Production and Turnover of Tobacco Products, Tobacco Products, Nikotinsoderzhashchy Products and Raw Materials for Their Production" (further respectively - the licensee, the license, the Federal Law), to the licensed requirements specified in parts 32 and 33 of article 8 of the Federal Law, the Federal Service on control of the alcoholic and tobacco markets (further respectively - licensed requirements, federal body for control) according to part 4 of article 10 of the Federal Law.

2. Periodic confirmation of conformity of the licensee to licensed requirements is carried out each 5 years from the date of licensing based on the statement of the licensee for periodic confirmation of conformity of the licensee to licensed requirements containing the data specified in subitems "a", "b" and "g" of Item 1 of part 10 of article 8 of the Federal Law and also identification taxpayer number of the licensee (further - the statement).

The federal body on control not later than 150 calendar days before the expiration of the next 5 years from the date of licensing sends to the licensee in electronic form the notification on need of filing of application to the e-mail address of the licensee to which are performed correspondence, the direction of decisions, notifications and notifications, or by means of the federal state information system "Single Portal of the State and Municipal Services (Functions)" (further - the single portal).

The application is submitted by the licensee within 100 calendar days after day of receipt of the notification specified in the paragraph the second this Item.

The statement is submitted the licensee in federal body on control by means of the single portal.

The withdrawal of the statement is not allowed by the licensee.

3. If the licensee does not submit the application according to the procedure and terms which are determined in Item 2 of these rules, the official of central office of federal body on control authorized on consideration of the application draws up the statement of impossibility of carrying out periodic confirmation of conformity of the licensee to licensed requirements with indication of the reasons of impossibility of its carrying out. The act of impossibility of carrying out periodic confirmation of conformity of the licensee to licensed requirements is considered by the head (deputy manager) of federal body on control in case of the solution of question of the direction in court of the plea of nullity of the license according to Item 1 of part 7 of article 9 of the Federal Law.

4. Periodic confirmation of conformity of the licensee to licensed requirements is carried out by federal body on control without departure to the licensee and in case of direct departure to the licensee (further - exit assessment) within 60 working days after day of the expiration of the next 5 years from the date of licensing.

The term of carrying out periodic confirmation of conformity of the licensee to licensed requirements is estimated since the working day following behind day of the expiration of the next 5 years from the date of licensing in the presence of the application submitted according to Item 2 of these rules and comes to the end in day of acceptance by federal body on control of one of the decisions provided by the subitem "an" of Item 11, paragraph one of Item 15 and Item 17 of these rules taking into account the periods of suspension of term of carrying out periodic confirmation of conformity to licensed requirements.

Aggregate term of carrying out periodic confirmation of conformity of the licensee to licensed requirements in which the periods of suspension of term of carrying out periodic confirmation of conformity of the licensee to licensed requirements are not considered cannot exceed 30 working days.

The term of carrying out periodic confirmation of conformity of the licensee to licensed requirements stops for the next periods:

from the date of the direction to the licensee of the notification provided by the paragraph the second Item 7 of these rules, about day of repeated submission of the specified statement or about day of the expiration of repeated submission of the statement according to the paragraph the second Item 7 of these rules;

from the date of the direction to the licensee of the list of the revealed violations of licensed requirements according to the subitem "b" of Item 11 of these rules about day of receipt of the notification on elimination of the revealed violations specified in Item 13 of these rules, but no later than day of the expiration of the direction of the notification on elimination of the revealed violations specified in Item 13 of these rules.

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