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Ministry of Justice

Russian Federation

On February 27, 2015 No. 36317

ORDER OF THE FEDERAL MIGRATION SERVICE OF THE RUSSIAN FEDERATION

of January 15, 2015 No. 5

About approval of Administrative regulations of provision by the Federal Migration Service of the state service in registration and issue to foreign citizens of patents

(as amended on 08-12-2015)

According to the Federal Law of July 27, 2010 to No. 210-FZ "About the organization of provision of the state and municipal services" <1>, the order of the Government of the Russian Federation of May 16, 2011 to No. 373 "About development and approval of administrative regulations of execution of the state functions and administrative regulations of provision of the state services" <2> and for the purpose of implementation of the Federal Law of July 25, 2002 to No. 115-FZ "About legal status of foreign citizens in the Russian Federation" <3> I order:

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<1> Russian Federation Code, 2010, No. 31, Art. 4179; 2011, No. 15, Art. 2038; No. 27, Art. 3873, 3880; No. 29, Art. 4291; No. 30, Art. 4587; No. 49, Art. 7061; 2012, No. 31, Art. 4322; 2013, No. 14, Art. 1651; No. 27, Art. 3477, 3480; No. 30, Art. 4084; No. 51, Art. 6679; No. 52, Art. 6952, 6961, 7009; 2014, No. 26, Art. 3366; No. 30, Art. 4264; official Internet portal of legal information www.pravo.gov.ru, 31.12.2014.

<2> Russian Federation Code, 2011, No. 22, Art. 3169; No. 35, Art. 5092; 2012, No. 28, Art. 3908; No. 36, Art. 4903; No. 50, Art. 7070; No. 52, Art. 7507; 2014, No. 5, Art. 506.

<3> Russian Federation Code, 2002, No. 30, Art. 3032; 2003, No. 27, Art. 2700; No. 46, Art. 4437; 2004, No. 35, Art. 3607; No. 45, Art. 4377; 2006, No. 30, Art. 3286; No. 31, Art. 3420; 2007, No. 1, Art. 21; No. 49, Art. 6071; No. 50 of Art. 6241; 2008, No. 19, Art. 2094; No. 30, Art. 3616; 2009, No. 19, Art. 2283; No. 23, Art. 2760; No. 26, Art. 3125; No. 52, Art. 6450; 2010, No. 21, Art. 2524; No. 30, Art. 4011; No. 31, Art. 4196; No. 40, Art. 4969; No. 52, Art. 7000; 2011, No. 1, Art. 29, 50; No. 13 of Art. 1689; No. 17, Art. 2318, 2321; No. 27, Art. 3880; No. 30, Art. 4590; No. 47, Art. 6608; No. 49, Art. 7043, 7061; No. 50, Art. 7342, 7352; 2012, No. 31, Art. 4322; No. 47, Art. 6396, 6397; No. 50, Art. 6967; No. 53, Art. 7640, 7645; 2013, No. 19, Art. 2309, 2310; No. 23, Art. 2866; No. 27, Art. 3461, 3470, 3477; No. 30, Art. 4036, 4037, 4040, 4057, 4081; No. 52, Art. 6949, 6951, 6954, 6955, 7007; 2014, No. 16, Art. 1828, 1830, 1831; No. 19, Art. 2311, 2332; No. 26, Art. 3370; No. 30, Art. 4231, 4233; No. 48, Art. 6638, 6659; No. 49, Art. 6918; official Internet portal of legal information www.pravo.gov.ru, 23.12.2014.

Approve the enclosed Administrative regulations of provision by the Federal Migration Service of the state service in registration and issue to foreign citizens of patents.

Head

K. O. Romodanovsky

Approved by the Order of the Federal Migration Service of the Russian Federation of January 15, 2015, No. 5

Administrative regulations of provision by the Federal Migration Service of the state service in registration and issue to foreign citizens of patents

I. General provisions

Regulation subject

1. The administrative regulations of provision by the Federal Migration Service of the state service in registration and issue to foreign citizens of patents <1> establish the standard and procedure for provision by territorial authorities of FMS of Russia of the state service in registration and issue to foreign citizens of patents <2>.

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<1> Further - "Administrative regulations".

<2> Further - "the state service".

Circle of applicants

2. Applicants are the foreign citizens who are legally in the territory of the Russian Federation arrived to the Russian Federation according to the procedure, not requiring receipt of a visa, and reached age of eighteen years <1>.

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<1> Further - "applicant". According to Items 2, of the 9 and 16 article 13.3 of the Federal Law of July 25, 2002 No. 115-FZ "About legal status of foreign citizens in the Russian Federation" the petition, about renewal of the patent or about patent grant for implementation of labor activity in the territory of other subject of the Russian Federation can be submitted by the applicant through the organization authorized by the subject of the Russian Federation. According to Item 3 of article 7 of the Federal Law of November 24, 2014 "About introduction of amendments to the Federal law "About Legal Status of Foreign Citizens in the Russian Federation" and separate legal acts of the Russian Federation" till January 1, 2016 the petition can be submitted No. 357-FZ through person acting according to the civil legislation of the Russian Federation as the representative of this foreign citizen. This provision does not extend to the territories of subjects of the Russian Federation in which the regulatory legal act establishing authorized organization is adopted and the agreement on interaction between FMS of Russia and appropriate subject of the Russian Federation is signed.

Requirements to procedure for informing on provision of the state service

3. Information on questions of provision of the state service is provided:

at information stands it is direct in the territorial authorities of FMS of Russia participating in provision of the state service;

on the official site of FMS of Russia on the Internet (www.fms.gov.ru) and the official sites of territorial authorities of FMS of Russia on the Internet <1> (appendix No. 1 to Administrative regulations);

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<1> Further - "official site".

in the federal state information system "Single Portal of the State and Municipal Services (Functions)" <1> (www.gosuslugi.ru);

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<1> Further - "the single portal".

the staff of law-enforcement bodies of the Russian Federation attached to FMS of Russia, federal government civil servants, employees of territorial authorities of FMS of Russia <1> during personal acceptance;

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<1> Further - "officials".

with use of means of telephone communication, e-mail, publications in mass media, editions of information materials (brochures, booklets, reference cards).

The main requirements to informing applicants are:

reliability of the provided information;

clearness in information statement;

completeness of informing;

presentation of forms of the provided information;

convenience and availability of receipt of information;

efficiency of provision of information.

4. Information on questions of provision of the state service includes the following data:

postal address, phone numbers, e-mail address and official sites of FMS of Russia and its territorial authorities (appendix No. 1 to Administrative regulations);

schedule (mode) of work of the relevant territorial authority of FMS of Russia; addresses of other organizations participating in provision of the state service including addresses of finding of the nearest credit institutes in which it is possible to make the tax discharge on the income of physical persons in the form of the fixed advance payment;

excerpts from the legislative and other regulatory legal acts governing the relations arising in connection with provision of the state service;

procedure for receipt of consultations (certificates) of provision of the state service;

procedure for provision of the state service;

category of applicants to which the state service is provided;

forms of the statements necessary for provision of the state service, and also models of their filling;

the list of the documents necessary for provision of the state service, and also requirements imposed to these documents;

term of provision of the state service;

result of provision of the state service;

procedure for informing on the course and results of provision of the state service;

bank details for the tax discharge on the income of physical persons in the form of the fixed advance payment;

procedure for pre-judicial (extrajudicial) appeal of decisions, actions (failure to act) of officials of territorial authorities of FMS of Russia;

flowchart of provision of the state service (appendix No. 2 to Administrative regulations).

5. Informing on the course of provision of the state service is performed:

in case of the personal address of the applicant;

by means of mail, telephone communication;

by means of the single portal.

At any time from the moment of documents acceptance, necessary for receipt of the patent, renewal of the patent, issue of the duplicate of the patent, patent grant for implementation of labor activity in the territory of other subject of the Russian Federation and for modification of the data containing in the patent, the applicant has the right to data on the course of provision of the state service in case of the personal address.

6. The applicants who submitted the documents necessary for provision of the state service to territorial authorities of FMS of Russia are without fail informed by officials:

about the refusal bases in provision of the state service;

about the term of consideration of the applications about provision of the state service.

7. Consultations are provided by authorized officers in case of the personal or written address of the citizen, by means of the official site, telephone communication or e-mail.

Consultations of general nature (about the location, the working schedule and required documents) can be provided with use of means of autoinforming. When autoinforming the round-the-clock provision of reference information is provided.

8. Consultations are provided on the following questions:

about the structural divisions of territorial authority of FMS of Russia authorized on provision of the state service including information on the place of their stay;

about the list of the documents necessary for provision of the state service;

about requirements to the documents necessary for provision of the state service;

about the amount of income tax in the form of the fixed advance payment;

about working hours of structural divisions of the territorial authorities of FMS of Russia authorized on provision of the state service;

about the term of provision of the state service;

about procedure for appeal of decisions, actions or failure to act of the officials providing the state service.

9. The applicant can choose two options of receipt of personal consultation: in the mode of general queue or by appointment (including by phone).

Waiting time of receipt of personal consultation shall not exceed 15 minutes.

The official performing individual oral consultation shall take all necessary measures for giving complete and prompt response on the questions posed, including with involvement of other officials.

Time of individual oral consultation of each applicant cannot exceed 15 minutes.

If making the answer requires long time, the official performing individual oral consultation can suggest interested persons to apply for necessary information in writing or to fix other time, convenient for interested persons, for oral consultation.

For ensuring individual oral consultation in divisions certain officials are designated. The officials performing personal reception of citizens shall have personal identification plates (badges).

All consultations are provided on a grant basis.

Phone calls are received according to the working schedule of officials who directly interact with the applicant.

In case of answers by phone to the oral address the official performing acceptance and informing tells the addressed person the surname, name, middle name, post and the name of division. During the conversation it is necessary to pronounce words accurately, to avoid simultaneous conversation with surrounding people and not to interrupt conversation.

Time of conversation shall not exceed 10 minutes.

In case of impossibility of the official who received call to answer independently the questions posed, the phone call shall be readdressed (is transferred) to other official or to the addressed applicant telephone number according to which it is possible to obtain necessary information shall be told.

10. Written informing is performed according to the Federal Law of May 2, 2006 No. 59-FZ "About procedure for consideration of addresses of citizens of the Russian Federation" <1> within 30 days from the moment of registration of the address by the direction of answers the mailing or in the form of the electronic message by e-mail or through the official site, or the Single portal.

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<1> Russian Federation Code, 2006, No. 19, Art. 2060; 2010, No. 27, Art. 3410; No. 31, Art. 4196; 2013, No. 19, Art. 2307; No. 27, Art. 3474; 2014, No. 48, Art. 6638.

11. Acceptance of applicants by the staff of the territorial authorities of FMS of Russia participating in provision of the state service is made according to the following schedule:

Days of the week

Acceptance time

Monday

09.30 - 17.10

Tuesday

09.30 - 17.10

Environment

09.30 - 17.10

Thursday

09.30 - 17.10

Friday

09.30 - 16.10

Lunch break

13.00 - 13.45



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