of May 15, 2014 No. 436
About approval of the Regulations on the commission on appeals under Federal Accreditation Service
According to article 10 of the Federal law "About Accreditation in National Accreditation System" Government of the Russian Federation decides:
1. Approve the enclosed Regulations on the commission on appeals under Federal Accreditation Service.
2. This resolution becomes effective from the date of entry into force of the Federal Law "About Accreditation in National Accreditation System".
Russian Prime Minister
Approved by the Order of the Government of the Russian Federation of May 15, 2014 No. 436
1. This Provision establishes procedure for forming of the commission on appeals under Federal Accreditation Service (further - the Commission), including requirements to the commission chairman, the list of the federal executive bodies authorized on implementation of the state control (supervision) which representatives are included the Commissions, procedure of activities of the Commission, including consideration by the Commission of claims to decisions, actions (failure to act) of Federal Accreditation Service and its officials.
2. The basic principles of activities of the Commission are competence, independence, openness and impartiality.
3. The commission for goal achievement of the activities performs the following functions:
a) approves regulations of the Commission and makes changes to it;
b) forms the working groups of the Commission and approves their structure;
c) considers the drafts of the conclusions of the Commission prepared by the working groups of the Commission and makes on them decisions.
4. Representatives of the federal executive bodies authorized on implementation of the state control (supervision), officials of the Ministry of Economic Development of the Russian Federation, Federal Accreditation Service, members of public council on accreditation, accreditation experts, representatives of scientific and public organizations are part of the Commission.
a) The ministry of the Russian Federation for civil defense, to emergency situations and natural disaster response;
b) Federal Agency for Technical Regulation and Metrology;
c) Federal Service for Veterinary and Phytosanitary Surveillance;
d) Federal Service for the Oversight of Transport;
e) Federal Service for the Oversight of Consumer Protection and Welfare;
e) Federal Service for Environmental, Technological and Nuclear Supervision;
g) The Federal Service on control of the alcoholic and tobacco markets.
6. The commission is formed as a part of the commission chairman, the vice-chairman of the Commission, the responsible secretary of the Commission and other members of the commission.
7. The structure of the Commission affirms the order of Federal Accreditation Service for 1 year. No more than 25 members can be part of the Commission.
8. Commission chairman is the deputy minister of economic development of the Russian Federation included in structure of the Commission who according to distribution of obligations provides realization of functions on development of state policy and normative legal regulation in the sphere of accreditation of legal entities and individual entrepreneurs in national accreditation system. The Head of the Federal Accreditation Service appoints the responsible secretary of the Commission from among the officials of Federal Accreditation Service included in structure of the Commission, and also the vice-chairman of the Commission.
9. Members of the commission shall be independent of any impact which exerts or can exert impact on the decisions made by the Commission.
If the member of the commission made decisions in the course of provision of the state service (execution of the state function) concerning which the complaint, the question of which consideration is included in the agenda of commission session, is made, it shall prior to vote according to the claim declare it. In that case the corresponding member of the commission does not take part in vote on the specified question.
9(1). Members of the commission shall provide confidentiality of the data which became to them known by consideration by the Commission of claims and components the state, commercial, protected by the law other secret and other data, access to which is limited by the Federal Laws, and also to use such data only for the purpose of for which they are presented.
10. Commission sessions are held at least 1 quarterly. In case of lack of questions for consideration commission sessions can be held less often.
11. Commission sessions are held by the commission chairman or in the absence of the commission chairman his deputy. The emergency meeting of the Commission can be convened at the initiative of the commission chairman or the Head of the Federal Accreditation Service or the group consisting at least of 3 members of the commission.
12. Commission session is considered competent if more than a half of her members takes part in it. The member of the commission in case of impossibility of presence at meeting has the right to beforehand provide the opinion on cases in point in writing.
13. Members of the commission participate in work of the Commission on a grant basis.
14. The responsible secretary of the Commission will organize carrying out commission sessions, creates the agenda of meeting, performs preparation of materials and informs members of the commission on time and the venue of the regular meeting.
The responsible secretary of the Commission in case of receipt in the Commission of the claim which subject does not conform to requirements of Item 15 of this provision which is given by person which is not specified in Item 15 of this provision or which is given with violation of term, stipulated in Item 15th this provision, and also the claim according to which earlier the Commission made the decision in essence or which is under consideration of the Commission within 10 working days from the date of registration of the claim notifies person who addressed with the claim, about refusal in adoption of the claim to consideration by the Commission. The specified notification goes to the person who addressed with the claim, the registered mail with the assurance of receipt or in electronic form through information and telecommunication networks of general access including the Internet, including by means of federal state information system in the field of accreditation.
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