Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

It is registered

in Ministry of Justice

Russian Federation

On March 5, 2009 No. 13483

ORDER OF THE MINISTRY OF THE NATURE OF RUSSIA

of October 31, 2008 No. 300

About approval of Administrative regulations of Federal Nature Management Supervision Service on execution of the state function on control and supervision of observance within the competence of requirements of the legislation of the Russian Federation in protection of atmospheric air

(as amended on on September 3, 2009)

According to the order of the Government of the Russian Federation of November 11, 2005 N 679 "About procedure for development and approval of administrative regulations of execution of the state functions (provision of the state services)" (The Russian Federation Code, 2005, N 47, Art. 4933; 2007, N 50, 6285, of 2008, N 18, of the Art. 2063) I order to the Art.:

1. Approve the enclosed Administrative regulations of Federal Nature Management Supervision Service on execution of the state function on control and supervision of observance within the competence of requirements of the legislation of the Russian Federation in protection of atmospheric air.

2. Declare invalid the order of Federal Service for Environmental, Technological and Nuclear Supervision of September 12, 2007 N 625 "About approval of the instruction on procedure of the state control of observance of requirements of the legislation of the Russian Federation in the field of protection of atmospheric air" registered by Ministry of Justice of the Russian Federation on November 13, 2007 registration N 10474.

 

Minister Yu.P.Trutnev

Approved by the order of the Ministry of Natural Resources and Environmental Protection of the Russian Federation of October 31, 2008, No. 300

Administrative regulations of Federal Nature Management Supervision Service on execution of the state function on control and supervision of observance within the competence of requirements of the legislation of the Russian Federation in protection of atmospheric air

I. General provisions

1. The administrative regulations of Federal Nature Management Supervision Service (further - Rosprirodnadzor) on execution of the state function on control and supervision of observance within the competence of requirements of the legislation of the Russian Federation in protection of atmospheric air (further Administrative regulations) are developed for the purpose of improvement of quality and efficiency of the inspections which are carried out by the state conservation inspectors of protection of the rights of legal entities and individual entrepreneurs when carrying out the state control and supervision of observance of requirements of the legislation of the Russian Federation in the field of protection of atmospheric air and determine terms and the sequence of actions (ministerial procedures) when implementing powers by the state control of observance of requirements of the legislation of the Russian Federation in the field of protection of atmospheric air.

2. The state environmental control in the field of protection of atmospheric air is exercised for the purpose of ensuring compliance by public authorities with the Russian Federation, public authorities of subjects of the Russian Federation, local government bodies, legal entities and physical persons of the legislation of the Russian Federation in the field of protection of atmospheric air and also providing ecological safety.

The state function on implementation of the state control and supervision of observance within the competence of requirements of the legislation of the Russian Federation in protection of atmospheric air (further - the state function) is performed by Rosprirodnadzor and its territorial authorities on objects of economic and other activity irrespective of the patterns of ownership which are subject to federal state environmental control (the list of territorial authorities of Rosprirodnadzor is given in appendix 1 to these Administrative regulations).

Implementation of the state function can be performed both in target procedure, and as a part of the state function on implementation of the state environmental control.

These Regulations do not regulate execution of the state function in case of control on the objects having emissions in atmospheric air of radioactive materials.

3. Execution of the state function is performed according to:

Constitution of the Russian Federation (Russian newspaper, 1993, N 237);

Russian Federation Code of Administrative Offences of 30.12.2001 N 195-FZ (Russian Federation Code, 2002, N 1, Art. 1; N 18, of Art. 1721; N 30, of Art. 3029; N 44, of Art. 4295; Art. 4298; 2003, N 1, Art. 2; N 27, of Art. 2700; N 27, of Art. 2708; N 27, of Art. 2717; N 46, of Art. 4434; N 46, of Art. 4440; N 50, of Art. 4847; N 50, of Art. 4855; N 52, of Art. 5037; 2004, N 19, Art. 1838; N 30, of Art. 3095; N 31, of Art. 3229; N 34, of Art. 3529; Art. 3533; N 44, of Art. 4266; 2005, N 1, Art. 9; Art. 13; Art. 37; Art. 40; Art. 45; N 10, of Art. 762; Art. 763; N 13, of Art. 1077; Art. 1079; N 17, of Art. 1484; N 19, of Art. 1752; N 25, of Art. 2431; N 27, of Art. 2719; Art. 2721; N 30, of Art. 3104; Art. 3124; Art. 3131; N 40, of Art. 3986; N 50, of Art. 5247; N 52, of Art. 5574; Art. 5596; 2006, N 1, Art. 4; N 1, of Art. 10; N 2, of Art. 172; Art. 175; N 6, of Art. 636; N 10, of Art. 1067; N 12, of Art. 1234; N 17, of Art. 1776; N 18, of Art. 1907; N 19, of Art. 2066; N 23, of Art. 2380; Art. 2385; N 28, of Art. 2975; N 30, of Art. 3287; N 31, of Art. 3420; Art. 3432; Art. 3433; Art. 3438; Art. 3452; N 43, of Art. 4412; N 45, of Art. 4633; Art. 4634; Art. 4641; N 50, of Art. 5279; Art. 5281; N 52, of Art. 5498; 2007, N 1, Art. 21; Art. 25; Art. 29; Art. 33; N 7, of Art. 840; N 15, of Art. 1743; N 16, of Art. 1824; Art. 1825; N 17, of Art. 1930; N 20, of Art. 2367; N 21, of Art. 2456; N 26, of Art. 3089; N 30, of Art. 3755; N 31, of the Art. 4001, Art. 4007; Art. 4008; Art. 4015; N 43, N 41, of Art. 4845; Art. 5084; N 46, of Art. 5553; N 49, of Art. 6034; N 49, of Art. 6065; N 50, of Art. 6246; 2008, Art. 10, N 896; Art. 18, N 1941, N 20 Art. 2251, Art. N 2259, N 29 Art. 3418, N 30, Art. 3582, Art. 3601, Art. 3604);

Arbitral Procedure Code of the Russian Federation of 24.07.2002 N 95-FZ (Russian Federation Code, 2002, N 30, Art. 3012; 2004, N 31, Art. 3282; Art. 3216; N 45, of Art. 4377; 2005, N 14, Art. 1210; N 48, of Art. 5123; 2006, N 1, Art. 8; N 15, of Art. 1643; 2007, N 41, Art. 4845; 2008, N 18, Art. 1941, N 24 Art. 2798, N 30, Art. 3594);

The Federal Law from 10.01.2002 N 7-FZ "About environmental protection" (The Russian Federation Code, 2002, N 2, Art. 133; 2004, N 35, Art. 3607; 2005, N 1, Art. 25; N 19, of Art. 1752; 2006, N 1, Art. 10; N 52, of Art. 5498; 2007, N 7, Art. 834; 2007, N 27, the Art. 3213, 2008, N 26, the Art. 3012, N 29, the Art. 3418) (further - the Federal Law on environmental protection);

The Federal Law of December 26, 2008 N 294-FZ "About protection of the rights of legal entities and individual entrepreneurs when implementing the state control (supervision) and municipal control" (The Russian Federation Code, 2008, N 52 (p. I), Art. 6249; 2009, N 18 (p. I), Art. 2140);

The Federal Law of 02.05.2006 N 59-FZ "About procedure for consideration of addresses of citizens of the Russian Federation" (The Russian Federation Code, 2006, N 19, the Art. 2060);

The Federal Law of 04.05.1999 N 96-FZ "About protection of atmospheric air" (The Russian Federation Code, 1999, N 18, Art. 2222; 2004, N 35, Art. 3607; 2005 N 19, Art. 1752; 2006 N 1, Art. 10)

The Federal Law of 30.11.1995 N 187-FZ "About the continental shelf of the Russian Federation" (The Russian Federation Code, 1995, N 49, the Art. 4694, 1999, N 7, Art. 879; 2001, N 33, p. I, Art. 3429; 2003, N 17, Art. 1557; 2003, N 27, p. I, Art. 2700; 2003, N 46, h 1, Art. 4444; 2004, N 35, Art. 3607; 2005, N 1, part 1, Art. 25, 2005, N 19, Art. 1752; 2006, N 45, Art. 4640; 2007, N 50, Art. 6246; 2008, N 18, Art. 1941, N 29, Art. 3420);

the order of the Government of the Russian Federation of January 15, 2001 N 31 "About approval of the Regulations on the state control of protection of atmospheric air". (Russian Federation Code, 2001, N 4, Art. 293, 2007).

the order of the Government of the Russian Federation of 21.04.2000 N 373 "About approval of the Regulations on the state accounting of harmful effects on atmospheric air and their sources" (The Russian Federation Code 2000, N 18, the Art. 1987);

the order of the Government of the Russian Federation of 29.10.2002 N 777 "About the List of the objects which are subject to federal environmental control" (The Russian Federation Code, 2002, N 44, the Art. 4390);

the order of the Government of the Russian Federation of 30.07.2004 N 400 "About approval of the Regulations on Federal Nature Management Supervision Service and modification of the order of the Government of the Russian Federation of 22.07.2004 N 370" (The Russian Federation Code, 2004, N 32, Art. 3347; 2006, N 44, Art. 4596; 2006, N 52 (3 h), Art. 5597; 2007, N 22, Art. 2647; 2008, N 16, Art. 1707; 2008, N 22, Art. 2581);

the order of the Government of the Russian Federation of 25.09.2008 N 716 "About the officials of Federal Nature Management Supervision Service and its territorial authorities exercising federal state environmental control (federal state inspectors in the field of environmental protection)" (The Russian newspaper", 2008 N 205)

the order MPR of Russia of 29.04.2005 N 115 "About approval of the list of officials of Federal Nature Management Supervision Service, representatives to constitute protocols on administrative offenses" (N 6730) (The bulletin of regulations of federal executive bodies, 2005, N 26) is registered in the Ministry of Justice of the Russian Federation 17.06.2005.

4. Federal state control of observance of requirements of the legislation of the Russian Federation in the field of protection of atmospheric air is exercised by Rosprirodnadzor and its territorial authorities on objects of economic and other activity irrespective of the patterns of ownership which are subject to federal state environmental control according to the order of the Government of the Russian Federation of 31.03.2009 N 285 (The Russian Federation Code 2009, N 14, the Art. 1668).

5. Resulting effects of execution of the state function are:

1) identification and presentation of requirements for ensuring elimination of violations of the law in the field of protection of atmospheric air, or establishment of lack of violations;

2) execution by violators of the legislation in the field of protection of atmospheric air, accomplishment of instructions about elimination of violations of the law in the field of protection of atmospheric air;

3) involvement of perpetrators to the administrative responsibility.

6. Execution by Rosprirodnadzor and its territorial authorities of the state function is performed on free basis.

II. Requirements to procedure for execution of the state function

 

Procedure for informing on rules of execution of the state function

7. Information on Rosprirodnadzor location:

Rosprirodnadzor location: Moscow, Ulitsa B. Gruzinskaya, 4/6.

The postal address for the direction of documents and addresses:

123995, Moscow, Ulitsa B. Gruzinskaya, 4/6, D-242, GSP-5.

Location of expedition of Rosprirodnadzor: Moscow, Ulitsa B. Gruzinskaya, 4/6.

Working hours of expedition of Rosprirodnadzor:

+------------------------------+----------------------------+
|         Понедельник          |        09.30 -17.30        |
+------------------------------+----------------------------+
|           Вторник            |       09.30 - 17.30        |
+------------------------------+----------------------------+
|            Среда             |       09.30 - 17.30        |
+------------------------------+----------------------------+
|           Четверг            |       09.30 - 17.30        |
+------------------------------+----------------------------+
|           Пятница            |        09.30 -16.30        |
+------------------------------+----------------------------+
|           Суббота            |       выходной день        |
+------------------------------+----------------------------+
|         Воскресенье          |       выходной день        |
+------------------------------+----------------------------+
+------------------------------------------+-------------------------+
|­лектронный   адрес   для      обращений в|    expert@mnr.gov.ru    |
| осприроднадзор:                          |                         |
+------------------------------------------+-------------------------+
|Многоканальный телефон  справочной  службы|        254-48-00        |
| осприроднадзора:                         |                         |
+------------------------------------------+-------------------------+
|Официальный сайт  осприроднадзора:        |http://control.mnr.gov.ru|
+------------------------------------------+-------------------------+

Contact information of territorial authorities of Rosprirodnadzor is posted on the official site of Rosprirodnadzor on the Internet, information stands and the websites (in the presence) territorial authorities of Rosprirodnadzor, and also given in appendix 1 to these Administrative regulations.

8. Information on procedures of the state function can be provided:

by e-mail (in case of its availability);

by phone;

by mail;

personally.

The obligatory list of the provided information on procedures of execution of the state function:

the entering numbers at which materials of check and other documents are registered in system of clerical work;

decisions according to the specific statement and the applied materials;

regulatory legal acts concerning execution of the state function (the name, number, acceptance date of regulatory legal act);

the list of documents which submission is necessary for implementation of procedures of the state control of activities in the field of protection of atmospheric air;

the location on the official site of Rosprirodnadzor of reference materials concerning the state control of activities in the field of protection of atmospheric air.

If information on procedures of execution of the state function obtained in territorial authorities of Rosprirodnadzor does not satisfy applicants, then they by phone or in writing address to central office of Rosprirodnadzor.

9. The main requirements to informing applicants are:

1) reliability of the provided information;

2) clearness in information statement;

3) completeness of informing;

4) visualization of forms of the provided information (in case of written informing);

5) convenience and availability of receipt of information;

6) efficiency of provision of information.

10. Informing applicants will be organized as follows:

1) individual informing;

2) public informing.

11. Informing is carried out in shape:

1) oral informing;

2) written informing.

12. Individual oral informing is performed by divisions in case of the request of applicants for information personally or by phone.

The specialist of division performing individual oral informing takes all necessary measures for provision of complete and prompt response on the questions posed, including with involvement of other employees. Waiting time of the applicant in case of individual oral informing cannot exceed 30 minutes.

The specialist from division performs individual oral informing each applicant no more than 10 minutes.

If preparation of the answer requires long time, the specialist performing individual oral informing can suggest applicants to apply for necessary information in writing.

For ensuring individual oral informing certain specialists of division are allocated.

13. Individual written informing is performed by the direction of answers by the mailing or by means of the official sites.

The head of territorial authority of Rosprirodnadzor or the official authorized by it, or the official of central office of Rosprirodnadzor according to the competence determines the direct contractor for preparation of the answer.

The answer to the address of the applicant is provided in simple, accurate and clear form with indication of position, surname, name, middle names, phone numbers of the contractor.

The answer goes in writing, e-mail or through the official sites depending on method of the address of the applicant for information or delivery mode of the answer specified in the written address of the applicant.

The answer to the address of the citizen which arrived on information systems public is sent to the postal address specified in the address.

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