ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of February 27, 2010 No. 103

About measures for implementation of actions for control of observance of special conditions of use of the parcels of land located in borders of conservation zones of objects of electric grid economy

The government of the Russian Federation decides:

1. Approve the enclosed Rules of implementation of actions for control of observance of special conditions of use of the parcels of land located in borders of conservation zones of objects of electric grid economy.

2. To the Ministry of Natural Resources and Environmental Protection of the Russian Federation in coordination with the Ministry of Energy of the Russian Federation to develop and approve procedure for approval of borders of conservation zones by Federal Service for Environmental, Technological and Nuclear Supervision concerning objects of electric grid economy.

Approved by the order of the Government of the Russian Federation of February 27, 2010 No. 103

Rules of implementation of actions for control of observance of special conditions of use of the parcels of land located in borders of conservation zones of objects of electric grid economy

1. These rules establish procedure of actions for control of observance of special conditions of use of the parcels of land located in borders of conservation zones of objects of electric grid economy (further respectively - actions for control, the parcels of land).

2. Events for control are held by Federal Service for Environmental, Technological and Nuclear Supervision and its territorial authorities (further - monitoring bodies) when implementing federal energy supervision.

3. When implementing actions for control observance by public authorities and local self-government, physical persons and legal entities of special conditions of use of the parcels of land provided by the Rules of establishment of conservation zones of objects of electric grid economy and special conditions of use of the parcels of land located in borders of such zones, approved by the order of the Government of the Russian Federation of February 24, 2009 N 160 is checked (further - Rules of establishment of conservation zones).

4. Actions for control it is performed taking into account requirements of the Federal Law "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing Actions for Control (Supervision) and Municipal Control" (further - the Federal Law).

5. Actions for control it is performed in the form of scheduled and unscheduled documentary and exit inspections.

6. Documentary inspection is carried out by the analysis of documents of the network organizations and other persons owning on the property right (other legal cause) object of electric grid economy concerning which observance of special conditions of use of the parcels of land of the conservation zone it is performed (further - the network organization), of owners and users of the parcels of land, and also public authorities and local government bodies, available monitoring body, and (or) the documents received at the request of monitoring body according to part 4 of article 11 of the Federal Law.

When conducting documentary check monitoring bodies have no right to require the data and documents which are not relating to subject of documentary check.

Documentary inspection is carried out according to the procedure and terms which are provided by Articles 11, 13 and 14 Federal Laws.

7. Exit inspection is carried out with the prior notice (not later than 3 working days prior to check) the network organization, and also other persons concerning whom check implementation is planned, according to the procedure and terms which are provided by articles 12 and 13 of the Federal Law.

8. Scheduled inspections are carried out based on annual plans of the checks approved by the head of monitoring body in accordance with the established procedure.

9. The bases for carrying out unscheduled inspections are:

a) the expiration of execution by public authorities and local self-government, physical persons and legal entities of earlier issued instruction about elimination of the revealed violation;

b) receipt in monitoring bodies of the data provided by subitems "an" and "b" of Item 2 of part 2 of article 10 of the Federal Law;

c) the order (order) of the head of monitoring body issued according to orders of the President of the Russian Federation and the Government of the Russian Federation.

10. In case of receipt in monitoring bodies of the data provided by the subitem "b" of Item 9 of these rules, the decision on carrying out unscheduled inspection is made no later than 3 working days following behind day of receipt of the specified data.

11. Conducting check is drawn up by the order of monitoring body which contains data according to article 14 of the Federal Law, and also the name of object of electric grid economy in which borders of the conservation zone observance of special conditions of use of the parcels of land, and the place of check is subject to check is specified.

12. When conducting check officials of monitoring bodies shall perform the requirements provided by articles 15 and 18 of the Federal Law.

13. Officials of monitoring body when conducting check:

a) independently determine the sequence of actions when conducting check (proceeding from features of arrangement and the size of the conservation zone of object of electric grid economy);

b) perform survey of the parcels of land and objects located in borders of conservation zones of objects of electric grid economy;

c) apply the stipulated by the legislation measures of restrictive, precautionary and preventive nature of the Russian Federation directed to non-admission and (or) suppression of violations;

d) fix the facts of counteraction to conducting check, including provision of unreliable, incomplete information or its untimely provision by it.

14. Access for officials of monitoring bodies to the parcels of land and objects located in borders of the established conservation zones of objects of electric grid economy is performed in case of presentation by them to interested persons of the order on conducting check or its copy, the confirmed seal, and also the official ID.

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