FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 26, 2008 No. 294-FZ

About protection of the rights of legal entities and individual entrepreneurs when implementing the state control (supervision) and municipal control

Accepted by the State Duma of the Russian Federation on December 19, 2008

Approved by Council of the Russian Federation on December 22, 2008

Chapter 1. General provisions

Article 1. Scope of this Federal Law

1. This Federal Law governs the relations in the field of the organization and implementation of the state control (supervision), municipal control and protection of the rights of legal entities and individual entrepreneurs when implementing the state control (supervision), municipal control.

2. Are established by this Federal Law:

1) procedure for the organization and conducting checks of legal entities, individual entrepreneurs by the bodies authorized on implementation of the state control (supervision), municipal control (further also - state control (supervision) bodies, bodies of municipal control);

2) order of interaction of the bodies authorized on implementation of the state control (supervision), municipal control under the organization and conducting checks;

3) the rights and obligations of the bodies authorized on implementation of the state control (supervision), municipal control, their officials when conducting checks;

4) the rights and obligations of legal entities, individual entrepreneurs when implementing the state control (supervision), municipal control, measure for protection of their rights and legitimate interests.

3. The provisions of this Federal Law establishing procedure for the organization and conducting checks are not applied:

1) ceased to be valid according to the Federal Law of the Russian Federation of 03.07.2016 No. 277-FZ

2) when conducting investigation and search operations, inquiry production, carrying out pretrial investigation;

3) when implementing public prosecutor's supervision (except as specified carrying out by state control (supervision) bodies, bodies of municipal control of checks upon the demand of the prosecutor), justice and conducting administrative investigation;

4) in case of production on cases on antitrust violation of the Russian Federation;

5) in case of investigation of origins of accidents, labor accidents, infectious and mass noninfectious diseases (poisonings, defeats) of people, animals and plants, damnification to the environment, property of citizens and legal entities, the state-owned and municipal property;

6) in case of investigation of origins of emergency situations of natural and technogenic nature and liquidation of their consequences;

6. 1) when conducting check of elimination of the circumstances which formed the basis of purpose of administrative punishment in the form of administrative suspension of operations;

7) to the actions for control directed to counteraction to unauthorized use of insider information and to market manipulation;

8) to the events held by officials of boundary bodies when implementing the powers in internal sea waters in the territorial sea, on the continental shelf and in exclusive economic zone of the Russian Federation, and also in the Azov and Caspian seas;

9) to the events held by officials of troops of national guard of the Russian Federation in case of identification of violations of requirements to the equipment technical means of protection of important state objects, particular loads, constructions on the communications which are subject to protection by troops of national guard of the Russian Federation;

10) when conducting national inspection in Antarctic.

3.1. The provisions of this Federal Law establishing procedure for the organization and conducting checks are not applied also when implementing the following types of the state control (supervision), municipal control:

1) control of implementation of foreign investments;

2) state control of economic concentration;

3) control and supervision in the financial and budget sphere;

4) tax control;

5) currency exchange control;

6) customs control;

7) state port control;

8) control of payment of insurance premiums in state non-budgetary funds;

9) control in the financial markets;

10) banking supervision;

11) insurance supervision;

12) supervision in national payment system;

13) state control of implementation of clearing activities;

13. 1) state control of implementation of activities for carrying out the organized biddings;

14) control of compliance with law of the Russian Federation and other regulatory legal acts of the Russian Federation about contractual system in the sphere of purchases of goods, works, services for ensuring the state and municipal needs;

15) control of observance of requirements of the legislation of the Russian Federation on counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing;

16) border, sanitary and quarantine, veterinary, quarantine phytosanitary and transport control at check points through Frontier of the Russian Federation;

17) control of observance of requirements of the legislation on anti-terrorist security of objects;

17. 1) federal state control (supervision) of safety of objects of fuel and energy complex;

18) control of activities of organizers of distribution of information to Internet networks connected with storage of information on the facts of acceptance, transfer, delivery and (or) processing of voice information, the written text, images, sounds or other electronic messages of users of Internet network and information on these users;

19) control of observance of requirements in connection with distribution of information on the Internet;

20) state control and supervision of processing of personal data;

21) the state control when importing to the Russian Federation from the states which are not entering into the Eurasian Economic Union and export from the Russian Federation to the states which are not entering into the Eurasian Economic Union, the precious metals, gemstones and primary goods containing precious metals;

22) the state control in the field of safety of significant objects of critical information infrastructure of the Russian Federation;

23) federal state control (supervision) of compliance with law of the Russian Federation in the field of private security activities;

24) control regarding procedure for the organization and carrying out unscheduled inspections of observance by accredited certification centers, and also the accredited persons performing rendering services of the confidential third party, the requirements established by the Federal Law of April 6, 2011 No. 63-FZ "About the digital signature" and other regulatory legal acts adopted according to it including requirements on compliance to which these certification centers, and also persons performing rendering services of the confidential third party were accredited.

4. Features of the organization and conducting checks in the part concerning type, subject, the bases of conducting checks, terms and frequency of their carrying out, notifications on conducting unscheduled exit inspections and coordination of conducting unscheduled exit inspections with bodies of prosecutor's office can be established by other Federal Laws when implementing the following types of the state control (supervision):

1) state control of observance of the antitrust law of the Russian Federation, except for state control of economic concentration;

2) licensed control;

3) export control;

4) state supervision of activities of self-regulatory organizations;

5) federal state control (supervision) in the sphere of migration;

6) federal state supervision in the field of communication;

7) federal state control of ensuring protection of the state secret;

8) the state supervision in the sphere of advertizing;

9) federal state Transport Supervision Service (in the field of civil aviation, rail transport, merchant shipping, inland water transport, road transport and urban land electric transportation);

10) federal state supervision in the field of traffic safety;

10. 1) federal state control of observance of requirements of rules of technical operation of extra street transport and instructions for use extra street transport;

11) federal state control (supervision) in the field of transport safety;

12) federal state supervision of observance of the labor law and other regulatory legal acts containing regulations of labor right;

13) federal state supervision in the field of use of atomic energy;

14) the state supervision in the field of ensuring radiation safety;

15) federal state supervision in the field of industrial safety;

16) federal state supervision in the field of safety of hydraulic engineering constructions;

17) federal state fire supervision;

18) state construction supervision;

19) the state control (supervision) in the territory of the special economic zone;

20) the state control (supervision) in spheres of natural monopolies;

21) the state control (supervision) in the field of the prices (rates) regulated by the state;

22) the state supervision in the field of the organization and carrying out gamblings;

23) federal state supervision of carrying out lotteries;

24) federal state supervision of activities of non-profit organizations;

25) regional state control of implementation of transportations of passengers and baggage by automobile taxi;

26) regional state housing supervision, municipal housing control;

27) the state control (supervision) in education;

28) regional state control (supervision) in the field of shared-equity construction of apartment houses and (or) other real estate objects, and also behind the activities of housing cooperatives connected with construction of apartment houses;

29) federal state control of activities of accredited persons;

30) state ecological supervision;

31) state land supervision and municipal land control;

32) the state control (supervision) in the free economic zone;

33) federal state assay supervision;

34) federal state supervision in the sphere of drug circulation;

35) the state control (supervision) in the field of quality assurance and safety of foodstuff;

36) federal state supervision of activities of the religious organizations;

37) the state control (supervision) of activities of the legal entities included in the state register of the legal entities performing activities for return of overdue debt as core activity;

38) the state supervision of use of the capital processing equipment for production of ethyl alcohol which is subject to state registration;

39) external control of quality of work of the auditing organizations determined according to the Federal Law of December 30, 2008 No. 307-FZ "About auditor activities" which is exercised by federal executive body;

40) federal state control in the field of the organization of traffic;

41) regional state control in the field of the organization of traffic;

42) the state control of activities in the sphere of the address of biomedical cellular products;

43) state control (supervision) of the organization and carrying out technical inspection of vehicles;

44) the state control (supervision) of activities of the specialized organizations participating in state registration of vehicles, and manufacturers of the state registration signs of vehicles.

4.1. Features of implementation of the state control (supervision) and municipal control, except for the types of the state control (supervision) specified in part 3.1 of this Article, in the territories of the advancing development are established by the Federal Law "About the Territories of the Advancing Development in the Russian Federation", in the territory of the free port of Vladivostok - the Federal Law of July 13, 2015 No. 212-FZ "About the free port of Vladivostok", in the Arctic zone of the Russian Federation - the Federal Law "About the State Support of Business Activity in the Arctic Zone of the Russian Federation".

4.2. Features of implementation of the state control (supervision) in the sphere of the state defensive order are established by the Federal Law of December 29, 2012 No. 275-FZ "About the state defensive order".

5. If the international treaty of the Russian Federation establishes other rules, than those which are provided by this Federal Law are applied rules of the international treaty of the Russian Federation.

6. The decisions of interstate bodies made based on provisions of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation are not subject to execution in the Russian Federation. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.

Article 2. The basic concepts used in this Federal Law

For the purposes of this Federal Law the following basic concepts are used:

1) the state control (supervision) - the activities of authorized bodies of the government (federal executive bodies and executive bodies of subjects of the Russian Federation) directed to the prevention, identification and suppression of violations by legal entities, their heads and other officials, individual entrepreneurs, their authorized representatives (further also - legal entities, individual entrepreneurs) the requirements established by this Federal Law, other Federal Laws and other regulatory legal acts of the Russian Federation, the laws and other regulatory legal acts of subjects of the Russian Federation accepted according to them (further - mandatory requirements), by means of the organization and conducting checks of legal entities, individual entrepreneurs, the organization and holding actions for prevention of violations of mandatory requirements, the actions for control performed without interaction with legal entities, individual entrepreneurs, acceptances of stipulated by the legislation measures of the Russian Federation for suppression and (or) elimination of consequences of the revealed violations, and also activities of the specified authorized bodies of the government for systematic observation of execution of mandatory requirements, the analysis and forecasting of condition of execution of mandatory requirements when implementing activities by legal entities, individual entrepreneurs. Powers on implementation of the state control (supervision) of observance of requirements of the legislation of the Russian Federation and other regulatory legal acts of the Russian Federation regulating space activities according to the Federal Laws are performed by the State corporation on space activities Roskosmos. Separate powers on implementation of federal state forest supervision (forest protection), federal state fire supervision, the state supervision in the field of use and protection of especially protected natural territories, federal state hunting supervision, federal state supervision in the field of protection, reproduction and use of objects of fauna and the circle of their dwelling, the state port control, federal state assay supervision, and also control of observance of requirements of the legislation of the Russian Federation in the sphere of counteraction of legalization (washing) of income gained in the criminal way and to financing of terrorism by the organizations, the individual entrepreneurs performing buying up, purchase and sale of precious metals and gemstones, jewelry from them and scrap of such products according to the Federal Laws can be performed by the public institutions subordinated according to federal executive bodies and executive bodies of subjects of the Russian Federation;

2) federal state control (supervision) - activities of the federal executive bodies authorized on implementation of the state control (supervision) in all territory of the Russian Federation. Procedure for the organization and implementation of federal state control (supervision) in the corresponding field of activity (type of federal state control (supervision) it is established by the President of the Russian Federation approved according to this Federal Law, other Federal Laws or the Government of the Russian Federation regulations on type of federal state control (supervision), regulations on licensing of specific type of activity regarding regulation of procedure for the organization and implementation of licensed control (further - regulations on type of federal state control (supervision) or the regulatory legal act of the federal executive body authorized on implementation of federal state control (supervision) accepted according to this Federal Law, other Federal Laws. Terms and the sequence of ministerial procedures when implementing type of federal state control (supervision) are established by administrative regulations of implementation of type of federal state control (supervision), and when implementing type of federal state control (supervision) by bodies of the Federal Security Service, bodies of the state protection, bodies of foreign intelligence of the Russian Federation, federal executive body in the sphere of mobilization preparation and mobilization in the Russian Federation, federal executive bodies in the field of defense, in the sphere of internal affairs, the federal executive body authorized in the field of counteraction to technical investigations and technical information security - regulatory legal acts of the corresponding federal executive bodies in the field of safety, in the sphere of the state protection, federal executive body in the field of foreign intelligence, federal executive body in the sphere of mobilization preparation and mobilization in the Russian Federation, federal executive bodies in the field of defense, in the sphere of internal affairs, the federal executive body authorized in the field of counteraction to technical investigations and technical information security;

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