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It is registered

Ministry of Justice

Russian Federation

On July 21, 2016 No. 42940

ORDER OF FEDERAL GUARD SERVICE OF THE RUSSIAN FEDERATION

of May 31, 2016 No. 246

About approval of Administrative regulations of execution of the state function by Federal Guard Service of the Russian Federation on implementation of federal state construction supervision in case of construction and reconstruction of subjects to defense and safety and objects, data on which are the state secret as which customer bodies of the state protection act,

According to the Presidential decree of the Russian Federation of August 7, 2004 <*> and the order of the Government of the Russian Federation of May 16, 2011 No. 373 "About development and approval of administrative regulations of execution of the state functions and administrative regulations of provision of the state services" <**> I order to No. 1013 "Questions of Federal Guard Service of the Russian Federation":

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<*> Russian Federation Code, 2004, No. 32, Art. 3314; 2015, No. 14, Art. 2107.

<**> Russian Federation Code, 2011, No. 22, Art. 3169; 2014, No. 5, Art. 506.

Approve Administrative regulations of execution of the state function by Federal Guard Service of the Russian Federation on implementation of federal state construction supervision in case of construction and reconstruction of subjects to defense and safety and objects, data on which are the state secret as which customer bodies of the state protection act, it (is applied).

The acting as the Director of the Federal Guard Service of the Russian Federation - the major general

O. A. Klimentyev

Appendix

to the Order of Federal Guard Service of the Russian Federation of May 31, 2016 No. 246

Administrative regulations of execution of the state function by Federal Guard Service of the Russian Federation on implementation of federal state construction supervision in case of construction and reconstruction of subjects to defense and safety and objects, data on which are the state secret as which customer bodies of the state protection act,

I. General provisions

Name of the state function

1. Implementation of federal state construction supervision in case of construction and reconstruction of capital construction projects <*> (further hereinafter is referred to as - the state function, unless otherwise specified).

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<*> In these Administrative regulations it is necessary to understand subjects to defense and safety and objects, data on which are the state secret, the customer of construction which reconstruction act bodies of the state protection, as capital construction projects.

The name of the federal executive body performing the state function

2. The state function on implementation of federal state construction supervision in case of construction and reconstruction of capital construction projects is performed by Federal Guard Service of the Russian Federation (FSO of Russia).

3. The state function in FSO of Russia is performed by department of the state construction supervision and state examination of Service of engineering facilities of Federal Guard Service of the Russian Federation (further hereinafter is referred to as - authorized body).

The list of the regulatory legal acts regulating execution of the state function

4. Execution of the state function is performed according to the following regulatory legal acts of the Russian Federation, regulatory legal acts of federal executive bodies (further hereinafter are referred to as - regulatory legal acts of the Russian Federation, unless otherwise specified):

Town-planning code of the Russian Federation <*>;

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<*> Russian Federation Code, 2005, No. 1 (p. I), Art. 16; 2015, No. 29 (p. I), Art. 4378.

The code of the Russian Federation about administrative <*> offenses;

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<*> Russian Federation Code, 2002, No. 1 (p. I), Art. 1; 2015, No. 45, Art. 6205.

The law of the Russian Federation of July 21, 1993 No. 5485-1 "About the state secret" <*>;

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<*> Russian Federation Code, 1997, No. 41, p. 8220 - 8235; 2015, No. 10, Art. 1393.

The Federal Law of May 2, 2006 No. 59-FZ "About procedure for consideration of addresses of citizens of the Russian Federation" <*>;

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<*> Russian Federation Code, 2006, No. 19, Art. 2060; 2015, No. 45, Art. 6206.

The Federal Law of December 26, 2008 No. 294-FZ "About protection of the rights of legal entities and individual entrepreneurs when implementing the state control (supervision) and municipal control" <*>;

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<*> Russian Federation Code, 2008, No. 52 (p. I), Art. 6249; 2015, No. 29 (p. I), Art. 4372.

The Federal Law of November 23, 2009 No. 261-FZ "About energy saving and about increase in energy efficiency and about modification of separate legal acts of the Russian Federation" <*>;

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<*> Russian Federation Code, 2009, No. 48, Art. 5711; 2015, No. 29, (p. I), Art. 4359.

The presidential decree of the Russian Federation of November 30, 1995 No. 1203 "About approval of the list of the data carried to the state secret" <*>;

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<*> Russian Federation Code, 1995, No. 49, Art. 4775; 2015, No. 22, Art. 3206.

The presidential decree of the Russian Federation of August 7, 2004 No. 1013 "Questions of Federal Guard Service of the Russian Federation" <*>;

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<*> Russian Federation Code, 2004, No. 32, Art. 3314; 2015, No. 14, Art. 2107.

the order of the Government of the Russian Federation of February 1, 2006 No. 54 "About the state construction supervision in the Russian Federation" <*>;

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<*> Russian Federation Code, 2006, No. 7, Art. 774.

the order of the Government of the Russian Federation of November 20, 2006 No. 702 "About approval of Rules of establishment by federal executive bodies of causes of infringement of the legislation on town-planning activities" <*>;

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<*> Russian Federation Code, 2006, No. 48, Art. 5033.

the order of the Government of the Russian Federation of February 16, 2008 No. 87 "About structure of Sections of the project documentation and requirements to their content" <*>;

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<*> Russian Federation Code, 2008, No. 8, Art. 744; 2016, No. 5, Art. 698.

the order of the Government of the Russian Federation of February 6, 2010 No. 63 "About approval of the Instruction about procedure for the admission of officials and citizens of the Russian Federation to the state secret" <*>;

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<*> Russian Federation Code, 2010, No. 7, Art. 762; 2016, No. 13, Art. 1833.

the order of the Government of the Russian Federation of April 5, 2010 No. 215 "About approval of Rules of preparation of reports on implementation of the state control (supervision), municipal control in the corresponding fields of activity and about efficiency of such control (supervision)" <*>;

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<*> Russian Federation Code, 2010, No. 15, Art. 1807; 2015, No. 45, Art. 6247.

the order of the Government of the Russian Federation of June 21, 2010 No. 468 "About procedure for carrying out construction supervision when implementing construction, reconstruction and capital repairs of capital construction projects" <*>;

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<*> Russian Federation Code, 2010, No. 26, Art. 3365.

the order of the Ministry of Economic Development of the Russian Federation of April 30, 2009 No. 141 "About realization of 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" (registration No. 13915) is registered in the Ministry of Justice of the Russian Federation on May 13, 2009, with the changes made by orders of the Ministry of Economic Development of the Russian Federation of May 24, 2010 No. 199 (it is registered in the Ministry of Justice of the Russian Federation on July 6, 2010, registration No. 17702) and of September 30, 2011 No. 532 (registration No. 22264) is registered in the Ministry of Justice of the Russian Federation on November 10, 2011;

the order of Federal Service for Environmental, Technological and Nuclear Supervision of December 26, 2006 No. 1128 "About approval and enforcement of Requirements to structure and procedure for maintaining executive documentation in case of construction, reconstruction, capital repairs of capital construction projects and requirements imposed to acts of survey of works, designs, sites of networks of engineering facilities" (registration No. 9050) is registered in the Ministry of Justice of the Russian Federation on March 6, 2007, with the changes made by the order of Federal Service for Environmental, Technological and Nuclear Supervision of October 26, 2015 No. 428 (registration No. 41138) is registered in the Ministry of Justice of the Russian Federation on February 18, 2016;

the order of Federal Service for Environmental, Technological and Nuclear Supervision of December 26, 2006 No. 1129 "About approval and enforcement of the Procedure for conducting checks when implementing the state construction supervision and issue of the conclusions about compliance constructed, reconstructed, the repaired capital construction projects to requirements of technical regulations (regulations and rules), other regulatory legal acts, the project documentation" (registration No. 9053) is registered in the Ministry of Justice of the Russian Federation on March 6, 2007, with the changes made by the order of Federal Service for Environmental, Technological and Nuclear Supervision of July 14, 2015 No. 273 (registration No. 39707) is registered in the Ministry of Justice of the Russian Federation on November 13, 2015;

the order of Federal Service for Environmental, Technological and Nuclear Supervision of January 12, 2007 No. 7 "About approval and enforcement of the Procedure for maintaining general and (or) special register of performance of works in case of construction, reconstruction, capital repairs of capital construction projects" (registration No. 9051) is registered in the Ministry of Justice of the Russian Federation on March 6, 2007;

the order of Federal Guard Service of the Russian Federation of April 17, 2012 No. 192 "About approval of the List of the officials of FSO of Russia having the right to constitute protocols on administrative offenses" (registration No. 24054) is registered in the Ministry of Justice of the Russian Federation on May 4, 2012.

Subject of federal state construction supervision

5. Federal state construction supervision in case of construction and reconstruction of capital construction projects is performed concerning divisions of FSO of Russia and FSO of Russia Academy, and also the organizations which are under authority of FSO of Russia, being builders and (or) technical customers of construction, reconstruction of capital construction projects (further hereinafter are referred to as - builders (technical customers), and persons performing construction, reconstruction of capital construction projects based on contracts with builders (technical customers) (further hereinafter are referred to as - persons performing construction, reconstruction).

Federal state construction supervision is exercised:

when constructing facilities capital construction if the project documentation on their construction is subject to state examination according to article 49 of the Town-planning code of the Russian Federation or is the standard project documentation or its modification;

in case of reconstruction of capital construction projects, including in case of work on preserving the objects of cultural heritage mentioning constructive and other characteristics of reliability and safety of such objects if the project documentation on implementation of reconstruction of capital construction projects, including works on preserving cultural heritage, is subject to state examination according to article 49 of the Town-planning code of the Russian Federation.

6. Subject of federal state construction supervision is check:

1) compliance of performance of works and the applied construction materials (products) in the course of construction, reconstruction of capital construction project, and also results of such works to requirements of technical regulations, the project documentation, including requirements of energy efficiency and requirements for equipment of capital construction project metering devices of the used energy resources;

2) availability of the construction license, reconstruction of capital construction project;

3) fulfillment of requirements of parts 2 and 3 of article 52 of the Town-planning code of the Russian Federation.

The rights and obligations of officials of authorized body when implementing federal state construction supervision

7. Officials of authorized body when implementing federal state construction supervision have the right:

1) freely to visit capital construction projects during execution of service duties;

2) to demand from the builder (the technical customer), person performing construction, reconstruction:

representations of results of the performed works, including separately performed works, constructions of building constructions, laying of sites of networks of engineering facilities, installation of engineering systems and the equipment (further hereinafter are referred to as - the performed works), general and (or) special magazines <*>, executive documentation <**>, acts of survey of works, designs, sites of networks of engineering facilities, samples of the applied materials;

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<*> The order of Federal Service for Environmental, Technological and Nuclear Supervision of January 12, 2007 No. 7 "About approval and enforcement of the Procedure for maintaining general and (or) special register of performance of works in case of construction, reconstruction, capital repairs of capital construction projects" (registration No. 9051) is registered in the Ministry of Justice of the Russian Federation on March 6, 2007.

<**> The order of Federal Service for Environmental, Technological and Nuclear Supervision of December 26, 2006 No. 1128 "About approval and enforcement of Requirements to structure and procedure for maintaining executive documentation in case of construction, reconstruction, capital repairs of capital construction projects and requirements imposed to acts of survey of works, designs, sites of networks of engineering facilities" (registration No. 9050) is registered in the Ministry of Justice of the Russian Federation on March 6, 2007, with the changes made by the order of Federal Service for Environmental, Technological and Nuclear Supervision of November 26, 2015 No. 428 (registration No. 41138) is registered in the Ministry of Justice of the Russian Federation on February 18, 2016.

carrying out inspections, laboratory and other researches, examinations of the performed works and the applied construction materials (products) if their carrying out was provided by the project documentation and (or) it was required when carrying out construction supervision <*>, but it was not performed;

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<*> The order of the Government of the Russian Federation of June 21, 2010 No. 468 "About procedure for carrying out construction supervision when implementing construction, reconstruction and capital repairs of capital construction projects".

To draw up 3) by results of performed the inspection statement in case of construction, reconstruction of capital construction project (further hereinafter is referred to as - the inspection statement) (appendix No. 1 to these Administrative regulations). In case of identification of the violations allowed in case of construction, reconstruction of capital construction project to issue the instruction about elimination of such violations (further hereinafter is referred to as - the instruction) (appendix No. 2 to these Administrative regulations);

4) to make records about results performed in general and (or) special magazines;

5) according to the procedure and cases, stipulated by the legislation the Russian Federation about administrative offenses to perform the actions directed to administrative prosecution of persons who made administrative offenses;

6) to perform other rights provided by regulatory legal acts of the Russian Federation.

8. Officials of authorized body when implementing federal state construction supervision in addition to obligations, the stipulated in Article 18 Federal Laws of December 26, 2008 No. 294-FZ "About protection of the rights of legal entities and individual entrepreneurs when implementing the state control (supervision) and municipal control", shall:

1) within 7 working days from the date of receipt of the notice on the beginning of construction, reconstruction of capital construction project (appendix No. 3 to these Administrative regulations) with the documents attached to it specified in part 5 of article 52 of the Town-planning code of the Russian Federation to develop the program of conducting checks (appendix No. 4 to these Administrative regulations), to approve it with the deputy chief of authorized body and to submit for approval to the chief of authorized body;

2) before check, but not later than 3 working days prior to its carrying out to notify person who is subject to check (the builder (the technical customer) or person performing construction, reconstruction) about conducting check by means of the mailing, telephone, fax, electronic or other communication (in case of emergency it is performed without notice);

3) to consider the checks by the builder (the technical customer) provided for carrying out, person performing the construction, reconstruction, documents connected with performance of works and application of construction materials (products);

4) to examine the performed works and the applied construction materials (products);

5) to perform other obligations provided by regulatory legal acts of the Russian Federation.

The rights and obligations of persons concerning which actions for federal state construction supervision are performed

9. The builder (the technical customer) or person performing construction, reconstruction concerning which actions for federal state construction supervision are performed (check) has the right:

1) to be present when conducting check, to offer explanations on the questions relating to check subject;

To receive 2) from authorized body and officials of authorized body information relating to subject of check which representation is provided by regulatory legal acts of the Russian Federation;

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