ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of June 5, 2013 No. 476

About questions of the state control (supervision) and recognition voided some acts of the Government of the Russian Federation

The government of the Russian Federation decides:

1. Approve enclosed:

Regulations on federal state supervision in the field of communication;

Regulations on the state supervision in the field of protection of atmospheric air;

Regulations on the state supervision in the field of use and protection of water objects;

Regulations on federal state supervision in the field of protection, reproduction and use of objects of fauna and the circle of their dwelling;

Regulations on federal state fire supervision in the woods;

Regulations on the state veterinary supervision;

Regulations on federal state sanitary and epidemiological surveillance;

changes which are made to some acts of the Government of the Russian Federation concerning the state control (supervision).

2. Recognize invalid acts of the Government of the Russian Federation according to the list according to appendix.

 

Approved by the Order of the Government of the Russian Federation of June 5, 2013 No. 476

Regulations on federal state supervision in the field of communication

1. This Provision establishes procedure of federal state supervision in the field of communication (further - the state supervision).

2. The state supervision is directed to the prevention, identification and suppression of violations of the requirements by legal entities and physical persons in the field of communication established by the Federal Laws and other regulatory legal acts of the Russian Federation accepted according to them (further - mandatory requirements), by means of the organization and conducting checks of specified persons, acceptance of stipulated by the legislation measures of the Russian Federation for suppression and (or) elimination of consequences of the revealed violations, and also systematic observation of execution of mandatory requirements, the analysis and forecasting of condition of execution of the specified requirements when implementing of the activities by legal entities and physical persons.

3. The state supervision is exercised by Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications and its territorial authorities (further - state supervision body) using risk - the oriented approach.

4. Officials, representatives to exercise the state supervision, are:

a) the head of state supervision body who is on position the chief state supervision inspector of the Russian Federation in the sphere of communication, information technologies and mass communications and his deputies whose official regulations provide powers on implementation of the state supervision, being on position deputy chief state inspectors of the Russian Federation for supervision in the sphere of communication, information technologies and mass communications;

b) heads of structural divisions, their deputies, advisers, consultants and the chief specialists experts of central office of state supervision body whose official regulations provide powers on implementation of the state supervision, being on position the chief state inspectors of the Russian Federation on supervision in the sphere of communication, information technologies and mass communications;

c) the leading specialists experts and specialists experts of central office of state supervision body whose official regulations provide powers on implementation of the state supervision;

d) heads of territorial authorities of state supervision body and their deputies whose official regulations provide powers on implementation of the state supervision, being on position the chief state inspectors of the Russian Federation on supervision in the sphere of communication, information technologies and mass communications;

e) heads of structural divisions of territorial authorities of state supervision body, their deputies, consultants, the chief specialists experts, the leading specialists experts and specialists experts whose official regulations provide powers on implementation of the state supervision.

5. Officials of state supervision body when implementing checks have the rights, the stipulated in Clause 27 Federal Laws "About Communication", observe restrictions and carry out the obligations established by Articles 15 - 18 Federal Laws "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Carrying Out the State Control (Supervision) and Municipal Control", and also bear responsibility for non-execution or improper execution of the powers assigned to them in accordance with the legislation of the Russian Federation.

6. Provisions of 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 features of the organization and conducting the checks established by the Federal Law of "About Communication" are applied to the relations connected with implementation of the state supervision, the organization and conducting checks of legal entities and physical persons.

7. The state supervision is exercised by means of the organization and conducting scheduled and unscheduled, documentary and exit inspections according to Articles 9 - 13 and 14 Federal Laws "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control", the actions for control in the field of communication which are not connected with interaction with legal entities and physical persons and also systematic observation, the analysis and forecasting of condition of execution of mandatory requirements to rendering communication services.

7(1). The state supervision body uses the indicators of risk of violation of mandatory requirements approved by the Ministry of digital development, communication and mass communications of the Russian Federation as the basis for carrying out unscheduled inspections.

8. Subject of checks of legal entities and physical persons is observance by them when implementing the activities of mandatory requirements, including:

a) to creation of networks of telecommunication and mail service, and also to procedure for commissioning of communication networks;

b) to traffic transmission and its routing;

c) to procedure for distribution of resource of numbering of single network of telecommunication of the Russian Federation;

d) to use by telecom operators and owners of communication networks of special purpose of the numbering resource allocated to them according to established procedure of use of resource of numbering of single network of telecommunication of the Russian Federation;

e) to accession of networks of telecommunication to communication network public, including to accession conditions;

e) to use in communication network public, technological networks and communication networks of special purpose (in case of their accession to communication network of general purpose) the means of communication which underwent obligatory confirmation of conformity to the established requirements;

g) to implementation of the licensed activities in the field of communication when carrying out concerning licensees of licensed control according to the procedure established by the Federal Law "About Licensing of Separate Types of Activity";

h) to protection of communication networks against unauthorized access to them and information transferred on them;

i) to networks and means of communication for conducting investigation and search operations;

j) to procedure for use of radio-frequency range, regulations and requirements to parameters of the radiation (acceptance) of radio-electronic means and high-frequency devices of civil appointment;

k) to conditions of the radio frequencies established in case of allocation of strip or assignment (appointment) of radio frequency or the radio-frequency channel;

l) to rendering communication services;

m) to metrological support of the equipment used for accounting of amount of the rendered services (duration of connection and amount of traffic);

o) to observance of standard rates of frequency of collection of written correspondence from mailboxes, its exchange, transportation and delivery, and also control terms of transfer of mailings and postal money transfers;

o) to observance of federal mail service by the organizations and telecom operators having the right independently to render services of mobile radiotelephone communication, and also the telecom operators holding essential position in communication network public which have the right independently to render communication services on data transmission, the Federal Law "About Counteraction of Legalization (Washing) of Income Gained in the Criminal Way and to Terrorism Financing" regarding fixation, storage and submission of information on the transactions which are subject to mandatory control and also behind the organization and implementation of internal control by them;

p) to procedure for use of franking machines and identifications of the franking machines which are not permitted for use;

c) to management of communication networks;

r) to ensuring availability to disabled people of the objects provided by paragraph one of part 1 of article 15.1 of the Federal law "About Social Protection of Disabled People in the Russian Federation", and the provided services;

s) to placement in the territory of the Russian Federation means of communication with which use instructions within centralized management of communication network public are followed.

9. When conducting checks of accomplishment of the mandatory requirements in the field of communication provided by subitems "a", "b", "g", "k", "m", "o" and "p" of Item 8 of this provision, the state supervision body will organize and holds the following events on control:

a) the analysis of the documents containing data on accomplishment of mandatory requirements;

b) measurements of parameters of functioning of networks and means of communication, including parameters of radiations of radio-electronic means and high-frequency devices of civil appointment;

c) measurements by special technical means, including technical means (software) integrated into controlled systems (means) of communication;

d) record of indications of special technical means, including signals of controlled sources of radiations, and execution of these indications in the forms approved by authorized federal executive body in the field of communication.

9(1). When conducting checks of accomplishment of the mandatory requirement in the field of communication provided by the subitem "y" of Item 8 of this provision, the state supervision body performs survey of means of communication with which use instructions within centralized management of communication network public, and their inspection using program technical means are followed.

10. The actions for control specified in Item 9 of this provision are held based on task of the head or the deputy manager of state supervision body in which tasks and procedure for holding the specified actions are determined.

11. The form of task for holding actions for control and its content are established by the Ministry of digital development, connection and mass communications of the Russian Federation.

12. Terms and the sequence of carrying out ministerial procedures when implementing the state supervision are established by the administrative regulations developed and approved according to the order of the Government of the Russian Federation of May 16, 2011 No. 373.

13. Decisions and actions (failure to act) of the officials of state supervision body performing checks can be appealed in administrative and (or) legal process in accordance with the legislation of the Russian Federation.

14. Information on results performed is posted on the official site of state supervision body on the Internet according to the procedure established by the legislation of the Russian Federation.

15. For the purpose of application when implementing the state supervision risk - the oriented approach activities of legal entities and individual entrepreneurs in the field of communication are subject to reference to one of categories of risk according to Rules of reference of activities of legal entities and individual entrepreneurs and (or) used by them production facilities to certain category of risk or certain class (category) of danger approved by the order of the Government of the Russian Federation of August 17, 2016 No. 806 "About application risk - the oriented approach under the organization of separate types of the state control (supervision) and introduction of amendments to some acts of the Government of the Russian Federation".

16. Reference of activities of the legal entity or individual entrepreneur in the field of communication to categories of risk is performed by the decision of the head of territorial authority of federal body of the state supervision in the location of legal entities and individual entrepreneurs according to criteria of reference of activities of legal entities and individual entrepreneurs in the field of communication to categories of risk according to appendix.

17. In the absence of the decision on reference of activities of legal entities and individual entrepreneurs in the field of communication to certain category of risk their activities are considered referred to category of low risk.

18. Conducting planned inspections concerning legal entities and individual entrepreneurs depending on the appropriated their activities in the field of communication of category of risk is performed with the following frequency:

for category of significant risk - once in 3 years;

for category of average risk - not more often than once in 3 years;

for category of moderate risk - not more often than once in 5 years.

Concerning legal entities and individual entrepreneurs whose activities in the field of communication are referred to category of low risk scheduled inspections are not carried out.

19. The state supervision body keeps the list of legal entities and individual entrepreneurs to whose activities in the field of communication categories of risk are appropriated (further - the list). Inclusion of legal entities and individual entrepreneurs in the list is performed on the basis of decisions on reference of activities of legal entities and individual entrepreneurs in the field of communication to categories of risk.

20. The list contains the following information:

a) full name of the legal entity, surname, name and middle name (in the presence) individual entrepreneur;

b) primary state registration number;

c) individual taxpayer number;

d) location of the legal entity or individual entrepreneur;

e) details of the decision on assignment of activities of the legal entity or the individual entrepreneur in the field of communication of category of risk, specifying on category of risk, and also the data based on which the decision on reference of activities of the legal entity or the individual entrepreneur in the field of communication to category of risk is made.

21. The state supervision body posts on the official site and supports in urgent condition the following information from the list concerning legal entities and individual entrepreneurs to whose activities in the field of communication the category of significant risk is appropriated:

a) full name of the legal entity, surname, name and middle name (in the presence) individual entrepreneur;

b) primary state registration number;

c) individual taxpayer number;

d) location of the legal entity or individual entrepreneur;

e) specifying on category of risk, decision date about reference of activities of the legal entity or individual entrepreneur in the field of communication to category of risk.

22. Placement of information specified in Item of 21 this provision is performed taking into account the legislation of the Russian Federation on protection of the state secret.

23. At the request of the legal entity or the individual entrepreneur the state control (supervision) body provides them information on the appropriated their activities in the field of communication of category of risk, and also the data used in case of reference of their activities to certain category of risk.

24. The legal entity or the individual entrepreneur has the right to submit in accordance with the established procedure to state control (supervision) body the statement for change of the activities appropriated earlier them in the field of communication of category of risk.

25. The officials exercising the state supervision when conducting planned inspection shall use checking sheets (lists of control questions).

26. Use of checking sheets (lists of control questions) is performed when conducting planned inspection of all legal entities and individual entrepreneurs.

27. Checking sheets (lists of control questions) used when conducting planned inspection contain the questions mentioning the mandatory requirements shown to the legal entity and the individual entrepreneur which observance is the most significant from the point of view of non-admission of emergence of threat of damnification of life, to health of citizens, safety of the state.

28. The subject of scheduled inspection of legal entities and individual entrepreneurs is limited to the list of the questions included in checking sheets (lists of control questions).

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