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The document ceased to be valid since September 27, 2019 according to the Order of the Ministry of Internal Affairs of the Russian Federation of July 30, 2019 No. 512

It is registered

Ministry of Justice

Russian Federation

On November 16, 2011 No. 22319

ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION

of September 29, 2011 No. 1039

About approval of Administrative regulations of the Ministry of Internal Affairs of the Russian Federation on provision of the state services in licensing for private detective (detective) activities, the license for private security activities and the certificate of the private security guard

(as amended on 30-12-2014)

According to the Federal Law of July 27, 2010 "About the organization of provision of the state and municipal services" <*> and the Order of the Government of the Russian Federation of May 16, 2011 No. 373 "About development and approval of administrative regulations of provision of the state services" <**> I order to No. 210-FZ:

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<*> Russian Federation Code, 2010, No. 31, Art. 4179.

<**> Russian Federation Code, 2011, No. 22, Art. 3169.

1. Approve:

1.1. Administrative regulations of the Ministry of Internal Affairs of the Russian Federation on provision of the state service in licensing for private detective (detective) activities and certificates of the private detective (appendix No. 1).

1.2. Administrative regulations of the Ministry of Internal Affairs of the Russian Federation on provision of the state service in licensing for private security activities (appendix No. 2).

1.3. Administrative regulations of the Ministry of Internal Affairs of the Russian Federation on provision of the state service in certification of the private security guard (appendix No. 3).

2. To Ministers of Internal Affairs on the republics, chiefs of head departments, Regional Offices of the Ministry of Internal Affairs of the Russian Federation on other subjects of the Russian Federation to organize studying and fulfillment of requirements of the administrative regulations approved by this Order.

3. Ceased to be valid according to the order of the Ministry of Internal Affairs of the Russian Federation of 28.05.2012 No. 543

4. To impose control over the implementation of this Order on the First Deputy Minister police lieutenant general A. V. Gorovy.

Minister, general

R. Nurgaliyev

 Appendix № 1

to the Order of the Ministry of Internal Affairs of the Russian Federation of September 29, 2011 No. 1039

Administrative regulations of the Ministry of Internal Affairs of the Russian Federation on provision of the state service in licensing for private detective (detective) activities and certificates of the private detective

I. General provisions

1. The administrative regulations of the Ministry of Internal Affairs of the Russian Federation on provision of the state service in issue and prolongation of effective period of the license for implementation of private detective (detective) activities <*>, to registration, renewal, issue of the document (its duplicate) confirming license availability, certification of the private detective (its duplicate) <**> (appendix No. 2 to Administrative regulations) determine terms and the sequence of actions (ministerial procedures) of officials of territorial authorities of the Ministry of Internal Affairs of Russia at the regional level by provision of the state service.

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<*> Further - "Administrative regulations".

<**> Further - "the state service".

Circle of applicants

2. Applicant is the citizen of the Russian Federation meeting the requirements provided by the Law of the Russian Federation "About private detective and security activities in the Russian Federation" <*>, registered as the individual entrepreneur.

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<*>   Russian Federation Code, 2002, No. 12, Art. 1093; 2003, No. 2, Art. 167; 2005, No. 24,  Art. 2313; 2006, No. 30, Art. 3294; 2007, No. 31, Art. 4011; 2008, No. 52, Art. 6227; 2009, No. 52, Art. 6450; 2010, No. 47, Art. 6032; 2010, No. 47, Art. 6035; 2011, No. 7, Art. 901, No. 27, Art. 3880.

Requirements to procedure for informing on provision of the state service

3. Procedure for informing on provision of the state service:

3.1. The location information, contact telephone numbers (phones for reference), graphics of acceptance of applicants of Management on the organization of licensed and allowing work of the Ministry of Internal Affairs of the Russian Federation (further - "ULRR Ministry of Internal Affairs of Russia"), and territorial authorities of the Ministry of Internal Affairs of Russia at the regional level is placed in the federal state information system "Single Portal of the State and Municipal Services (Functions)" (www.gosuslugi.ru Further - "The single portal"), on the official site of the Ministry of Internal Affairs of Russia (www.mvd.ru) and at information stands in premises of divisions of licensed and allowing work of territorial authorities of the Ministry of Internal Affairs of Russia.

Addresses of the official sites and e-mail of territorial authorities of the Ministry of Internal Affairs of Russia at the regional level are posted on the official site of the Ministry of Internal Affairs of Russia.

Location information, contact telephone numbers (phones for reference), graphics of acceptance of applicants of territorial authorities of the Ministry of Internal Affairs of Russia at the district level is posted on the official sites of territorial authorities of the Ministry of Internal Affairs of Russia at the regional level.

3.2. Information on procedure for making of ministerial procedures, including electronically, working hours of divisions of licensed and allowing work is provided directly in premises of the specified divisions, and also by phone, to phone answerphone (in case of its availability) with use of mass media and on the Single portal.

3.3. At information stands the following information is placed:

procedure for making of ministerial procedures;

the address of the Single portal for forming of request for receipt of individual number of electronic queue, and also filing of application electronically;

addresses of the websites of ULRR Ministry of Internal Affairs of Russia and territorial authorities of the Ministry of Internal Affairs of Russia at the regional level;

the list of the regulatory legal acts regulating activities of law-enforcement bodies for provision of the state service;

lists of the documents necessary for receipt of the license (prolongation of term of its action), renewals of the document confirming availability of the license, receipt of the certificate of the private detective requirements imposed to these documents including models of their registration;

details necessary for payment of the state fee for provision of the state service;

forms of statements for issue (renewal) of documents;

the flowchart of the sequence of actions by provision of the state service (appendix No. 3 to Administrative regulations);

working hours of the relevant division of licensed and allowing work with indication of phone number.

3.4. By means of phone answerphone (in case of its availability) which works round the clock, the applicant - the individual entrepreneur (further - "applicant" or "individual entrepreneur") is informed on working hours of the relevant division, the address of the location of this division, addresses of the websites of the Ministry of Internal Affairs of Russia and territorial authorities of the Ministry of Internal Affairs of Russia at the regional level.

3.5. Informing is performed in case of the personal address of the applicant, with use of the information and telecommunication Internet (further - "Internet"), mail service or by phone in working hours on a grant basis.

In case of responses to phone calls and oral addresses the staff of divisions of licensed and allowing work to whom official regulations (instructions) assign provision of the corresponding services (further - "employee") inform addressed on the questions interesting them. The response to phone call shall begin with information on the name of division which the citizen, position, surname, name and middle name of the employee who received phone call called.

Time of conversation shall not exceed 5 minutes.

In case of impossibility to answer independently the questions posed the employee shall readdress (to transfer) phone call on other official or to report telephone number according to which it is possible to obtain necessary information.

II. Standard of provision of the state service

Name of the state service

4. The state service in provision of the license for implementation of private detective (detective) activities (prolongation of term of its action), registration (renewal) and issue of the document confirming license availability, issue of the duplicate, and also certification of the private detective (its duplicate).

The name of the federal executive body providing the state service

5. The state service is provided by the Ministry of Internal Affairs of the Russian Federation, the Ministries of Internal Affairs on the republics, head departments (managements) of the Ministry of Internal Affairs of Russia on other subjects of the Russian Federation and their structural divisions.

The management on the organization of licensed and allowing work of the Ministry of Internal Affairs of the Russian Federation <1> will organize provision of the state service.

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<1> Further - "ULRR Ministry of Internal Affairs of Russia".

Powers on decision making and signing of the license and certificate of the private detective are assigned to deputy ministers of internal affairs on the republics, the chiefs of police or their deputies responsible for this direction of activities of territorial authorities of the Ministry of Internal Affairs of Russia.

The statement for provision of the license and certification of the private detective is accepted and considered by divisions of licensed and allowing work.

For receipt of the state service the individual entrepreneur does not need to address to other bodies and the organizations.

Description of result of provision of the state service

6. Provisions of the state service are result:

provision of licenses for implementation of private detective (detective) activities;

renewal, prolongation of effective period of licenses;

refusal in provision or renewal of licenses;

cancellation of licenses;

provision of duplicates of licenses;

provision of the statement from the register of licenses;

certification of the private detective (its duplicate).

Term of provision of the state service

7. The decision on provision or on refusal in provision of the license is accepted no more than forty five days from the date of registration of the corresponding statement and the documents attached to it in time.

7.1. The decision on prolongation of effective period of the license is made till thirty days from the date of registration of a statement and the documents attached to it.

7.2. The decision on renewal of the document confirming availability of the license and certificate of the private detective in connection with modification, is accepted till thirty days from the date of registration of a statement and the documents attached to it.

7.3. Issue of the duplicate of the document confirming license availability or the duplicate of the certificate of the private detective is made till three working days from the date of registration of a statement.

The list of the regulatory legal acts governing the relations arising in connection with provision of the state service

8. Provision of the state service is performed according to:

Civil code of the Russian Federation <*>;

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<*> Russian Federation Code, 1994, No. 32, Art. 3301; 1996, No. 5, Art. 410; 2001, No. 49, Art. 4552; 2006, No. 52, Art. 5496.

Tax Code of the Russian Federation <*>;

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<*>        Russian Federation Code, 1998, No. 31, Art. 3824; 2000, No. 32, Art. 3340.

The law of the Russian Federation of March 11, 1992 No. 2487-1 "About private detective and security activities in the Russian Federation";

The Federal Law of July 27, 2010 No. 210-FZ "About the organization of provision of the state and municipal services" <*>;

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<*>        Russian Federation Code, 1996, No. 51, Art. 5681; 1998, No. 30, Art. 3613; No. 31, Art. 3834; No. 51, Art. 6269; 1999, No. 47, Art. 5612; 2000, No. 16, Art. 1640; 2001, No. 31, Art. 3171; No. 33, No. 49, Art. 4558; 2002, No. 26, Art. 2516; 2003, No. 2,  Art. 167; No. 27, Art. 2700; No. 50, Art. 4856; 2004, No. 18, Art. 1683; No. 27,  Art. 2711; 2006, No. 31, Art. 3420; 2007, No. 1, Art. 21; No. 32, Art. 4121; 2008, No. 10, Art. 900; No. 52, Art. 6227; 2009, No. 1, Art. 17; No. 7, Art. 770; No. 11, Art. 1261; No. 30, Art. 3735; 2010, No. 14, Art. 1554, Art. 1555; No. 23, Art. 2793.

The Federal Law of February 7, 2011 No. 3-FZ "About police" <*>;

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<*>        Russian Federation Code, 2011, No. 7, Art. 900; No. 27, Art. 3880.

The Federal Law of May 4, 2011 No. 99-FZ "About licensing of separate types of activity" <*>;

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<*>        Russian Federation Code, 2011, No. 19, Art. 2716.

The order of the Government of the Russian Federation of October 16, 2003 No. 630 "About the Unified State Register of Private Entrepreneurs, Storage precautions in Unified State Registers of Legal Entities and individual entrepreneurs of documents (data) and their transfer on permanent storage to the Public Records Offices, and also about modification and amendments in Orders of the Government of the Russian Federation of June 19, 2002 No. 438 and 439" <*>;

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<*>        Russian Federation Code, 2003, No. 43, Art. 4238; 2004, No. 10, Art. 864; 2005, No. 51, Art. 5546; 2010, No. 11, Art. 1224.

The order of the Government of the Russian Federation of February 26, 2004 No. 110 "About enhancement of procedures of state registration and registration of legal entities and individual entrepreneurs" <*>;

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<*>        Russian Federation Code, 2004, No. 10, Art. 864.

The order of the Government of the Russian Federation of June 23, 2011 No. 498 "About some questions of implementation of private detective (detective) and private security activities" <*>.

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<*>        Russian Federation Code, 2011, No. 26, Art. 3820.

The exhaustive list of the documents necessary according to regulatory legal acts for provision of the state service

9. For receipt of the license for implementation of private detective (detective) activities and the certificate of the private detective the applicant shall submit personally the application (appendix No. 5 to Administrative regulations).

The following documents are enclosed to the application:

questionnaire (appendix No. 6 to Administrative regulations);

2 photos of 4 x 6 in size;

the medical certificate about the state of health;

the documents confirming citizenship of the Russian Federation, availability of legal education or passing of professional training for work as the private detective or length of service in operational or investigative divisions at least three years;

data on the need for technical means and intention to use them.

The paragraph of the eighth is excluded according to the Order of the Ministry of Internal Affairs of the Russian Federation of 30.12.2014 No. 1149

9.1. For prolongation of effective period of the license for implementation of private detective (detective) activities the applicant submits the application (appendix No. 5 to Administrative regulations).

The following documents are enclosed to the application:

photo of 4 x 6 in size;

the medical certificate about the state of health.

9.2. For renewal of the document confirming license availability, the applicant submits the application (appendix No. 7 to Administrative regulations) and the documents confirming the changes specified in the statement.

In case of need simultaneous renewal of the certificate of the private detective the photo of 4 x 6 in size in addition is submitted.

9.3. For receipt of the duplicate of the document confirming license availability or the duplicate of the certificate of the private detective the applicant submits the application (appendix No. 8 to Administrative regulations).

The following documents are enclosed to the application:

the photo of 4 x 6 in size (during the losing, spoil of the certificate);

the damaged form of the license and (or) the certificate of the private detective (if are available).

9.4. The statement for issue (prolongation of effective period) of the license, renewal of the document confirming license availability or issue of the duplicate can be sent to division of licensed and allowing work in electronic form, signed by the digital signature.

The paragraph two is excluded according to the Order of the Ministry of Internal Affairs of the Russian Federation of 30.12.2014 No. 1149

9.5. For receipt of the statement from the register of licenses about the specific license the applicant directly represents or sends the registered mail or in electronic form to the licensing body the statement (appendix No. 16 to Administrative regulations).

9.6. Presentation to the applicant of requirements about provision of the documents which are not provided by Administrative regulations is forbidden to the staff of divisions of licensed and allowing work.

The exhaustive list of the bases for refusal in documents acceptance, necessary for provision of the state service

10. The bases for refusal in documents acceptance, necessary for provision of the state service, are not provided by the legislation of the Russian Federation.

The exhaustive list of the bases for refusal in provision of the state service

11. The basis for refusal in provision of the state service in provision of the license for implementation of private detective (detective) activities and certification of the private detective are:

availability of circumstances under which the citizen has no right to apply for receipt of the license for implementation of private detective (detective) activities and the certification of the private detective listed in part four of article 6 of the Law of the Russian Federation "About private detective and security activities in the Russian Federation";

provision by the citizen in the licensing body of the statement or documents with violation of the requirements established by articles 13 or 18 of the Federal law "About Licensing of Separate Types of Activity";

availability in the submitted documents of the doubtful or distorted information;

the discrepancy of the applicant to licensed requirements established during check.

Decision making term about provision of the state service or about refusal in its provision is estimated from the date of receipt in division of licensed and allowing work of properly issued application and (or) in full the documents attached to it.

The list of services which are necessary and obligatory for provision of the state service

12. Other services which are necessary and obligatory for provision of the state service the legislation of the Russian Federation are not provided.

Procedure, the size and the bases of collection of the state fee for provision of the state service

13. The state fee in the sizes and procedure established by the legislation of the Russian Federation on taxes and fees is paid for provision of the license, renewal of the document confirming license availability, issue of the duplicate of the document confirming license availability, and also prolongation of effective period of the license.

The maximum term of expectation in queue when giving request about provision of the state service and in case of receipt of result of provision of the state service

14. Acceptance of applicants is conducted in the established days and hours.

14.1. At the request of applicants preliminary making an appointment is performed in case of personal acceptance or with use of means of telephone communication on the phone numbers posted on the official sites of territorial authorities of the Ministry of Internal Affairs of Russia at the regional level and information stands in premises of divisions of licensed and allowing work.

14.2. The employee performing preliminary record informs the applicant on date, time and the place of acceptance.

14.3. The maximum term of expectation in queue in case of filing of application and the documents necessary for provision of the state service and receipt of result of provision of such service, shall not constitute more than 15 minutes.

15. The statement and documents necessary for provision of the state service are accepted by the employee of division of licensed and allowing work of law-enforcement body responsible for documents acceptance.

The employee of division of licensed and allowing work who is responsible for documents acceptance in reception hours shall not be distracted by execution of other service duties.

Requirements to rooms in which the state service, to the place of expectation and acceptance of applicants, placement and execution of visual and text information on procedure for provision of such service is provided

16. Requirements to places of provision of the state service:

The entrance to the building of territorial authority of the Ministry of Internal Affairs of Russia in which reception of citizens concerning provision of the state services is performed is designated by sign (plate) with indication of the name of body, days and reception hours of citizens and time of lunch break.

Conditions for implementation of acceptance of disabled citizens shall be created:

rooms are equipped with ramps, special barriers and handrail;

free movement and turn of special means for movement (wheelchairs) are provided;

tables for disabled people are placed away from entrance taking into account free entrance and turn of special means for movement (wheelchairs).

Acceptance of visitors in divisions of licensed and allowing work of territorial authority of the Ministry of Internal Affairs of Russia cannot be less than 2 days a week, with general time of acceptance at least 12 hours.

Offices for acceptance of applicants shall be equipped with information plates (signs) with indication of:

numbers of office;

surnames, name, middle name and position of the employee performing provision of the state service.

Each workplace of employees shall be equipped with the personal computer with possibility of access to necessary information databases and printers.

Rooms for reception of citizens shall be equipped with technical means of video surveillance.

17. Places of expectation of provision of the state service are equipped:

chairs, tables (racks) for possibility of document creation;

the information stands intended for acquaintance of applicants with information materials.

Places of expectation shall correspond to comfortable conditions for applicants and optimal conditions of work of employees.

The area of places of expectation is calculated depending on the number of the citizens addressing to law-enforcement body for provision of the state service in days of acceptance.

Indicators of availability and quality of the state service

18. The applicant has the right:

obtain complete and reliable information about procedure for provision of the state service, including electronically in personal account of the registered user of the Single portal and on the website of territorial authority of the Ministry of Internal Affairs of Russia;

receive the state service timely, in full and in any form, the stipulated by the legislation Russian Federation, including electronically through personal account of the registered user of the Single portal;

get acquainted with the documents and materials concerning consideration of its statement, except for the documents intended for office use;

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