of September 28, 2010 No. 764
About approval of Rules of control of observance by subjects of natural monopolies of standards of disclosure of information
According to article 8.1 of the Federal law "About Natural Monopolies" Government of the Russian Federation decides:
Approve the enclosed Rules of control of observance by subjects of natural monopolies of standards of disclosure of information.
Russian Prime Minister
Approved by the Order of the Government of the Russian Federation of September 28, 2010 No. 764
1. These rules determine procedure of control of observance of standards of disclosure of information which is subject to open entry (further - information), subjects of natural monopolies (further respectively - subjects of regulation, control).
2. Control is exercised:
a) ceased to be valid;
b) Federal Antimonopoly Service - concerning observance of the antitrust law of the Russian Federation and the legislation of the Russian Federation on natural monopolies;
c) The ministry of digital development, communication and mass communications of the Russian Federation - concerning observance of the forms, terms and frequency of disclosure of information approved by the specified Ministry according to standards of disclosure of information in the field of rendering communication services;
d) The Ministry of Energy of the Russian Federation - concerning observance of the disclosure forms of information approved by the specified Ministry according to standards of disclosure of information by subjects wholesale and the retail markets of electrical energy;
e) authorized bodies of the executive authority of subjects of the Russian Federation within their powers - concerning state regulation of rates.
3. Control concerning the subjects of regulation rendering gas transportation services on the gas distribution networks located within the territory of the subject of the Russian Federation performs executive body of the subject of the Russian Federation in the field of state regulation of rates.
4. Control is exercised in the relation:
a) fact of disclosure of information;
b) source of the publication of information chosen subject of regulation;
c) terms and frequency of disclosure of information;
d) completeness of disclosure of information;
e) the notification procedure of monitoring body about sources of publication of information;
e) forms of provision of information and observance of rules of filling of these forms;
g) reliability of the opened information;
h) procedure for disclosure of information on written requests of consumers of goods and services of subjects of regulation, including registration of written requests, timeliness and completeness of their consideration, and also notification on results of their consideration.
5. Subjects of regulation in writing notify the bodies specified in Item 2 of these rules (further - monitoring bodies), on sources of publication of information within 10 days from the date of its publication in mass media, including placement on the Internet.
6. Violation of the established standards of disclosure of information, forms of its provision and (or) filling, including terms and frequency of provision of information by subjects of regulation, attracts the administrative responsibility provided by the Russian Federation Code of Administrative Offences.
7. Control is exercised in the following forms:
a) systematic observation and information analysis in relation to subitems of "a"-"e" of item 4 of these rules;
b) carrying out scheduled and unscheduled inspections;
c) consideration of petitions of the subject of regulation and (or) the third party about change of application by the subject of regulation of the forms approved in accordance with the established procedure and (or) frequency of provision of information (further - petitions);
d) consideration of the applications about cancellation of the decisions of executive bodies of subjects of the Russian Federation in the field of state regulation of rates made within control including the decisions made by results of consideration of claims and addresses regarding observance by subjects of regulation of standards of disclosure of information, and also petitions (further respectively - the statement, the decision of executive bodies of subjects of the Russian Federation in the field of state regulation of rates).
8. The systematic observation and information analysis provided by the subitem "an" of Item 7 of these rules are performed according to the procedure, approved by monitoring body.
9. In case of identification of the violations of standards of disclosure of information allowed by the subject of regulation monitoring bodies:
a) issue to the subject of regulation the instruction about elimination of the revealed violations with indication of terms of their elimination;
b) perform monitoring of elimination of the revealed violations.
10. The scheduled and unscheduled inspections provided by the subitem "b" of Item 7 of these rules are carried out in the form of documentary check and (or) exit check.
11. Scheduled and unscheduled documentary and exit inspections are performed according to the Federal Law "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control" (taking into account requirements of part 5 of article 27 of the specified Federal Law) and these rules.
Scheduled inspection concerning the subject of regulation is carried out not more often than 1 time a year.
12. The bases for carrying out unscheduled inspection are:
a) not elimination by the subject of regulation of the violations of standards of disclosure of information revealed by monitoring body during the term established by earlier issued instruction;
b) receipt in monitoring body of addresses and petitions from citizens, data from public authorities, local government bodies and mass media on non-compliance by subjects of regulation with requirements to disclosure of information in relation to subitems "zh" and "z" of item 4 of these rules.
13. The term of conducting planned and unplanned checks does not exceed 20 working days.
In exceptional cases, the control actions connected with considerable amount (reclamation of the additional information necessary for monitoring procedure, conducting examination on the questions relating to control subject), based on the motivated proposal of the official of the monitoring body performing check the head of monitoring body or its authorized deputy the term of conducting exit planned inspection can be prolonged, but no more than for 20 working days.
14. The consideration of the petition provided by the subitem "v" of Item 7 of these rules is performed by monitoring bodies within 30 working days from the date of its receipt.
15. The bases for submission of the petition are:
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