THE ORDER OF THE MINISTRY OF THE RUSSIAN FEDERATION FOR CIVIL DEFENCE, TO EMERGENCY SITUATIONS AND NATURAL DISASTER RESPONSE

of June 7, 2016 No. 312

About approval of Administrative regulations of the Ministry of the Russian Federation for civil defense, to emergency situations and natural disaster response of execution of the state function on control of observance of licensed requirements when implementing activities for suppression of the fires in settlements, on production facilities and infrastructure facilities

According to the Federal Law of May 4, 2011 to No. 99-FZ "About licensing of separate types of activity" <1>, Regulations on the Ministry of the Russian Federation for civil defense, to the emergency situations and natural disaster response approved by the Presidential decree of the Russian Federation of July 11, 2004 No. 868 <2>, orders 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">, of November 21, 2011 "About the organization of licensing of separate types of activity" <4>, of January 31, 2012 No. 69 "About licensing of activities for suppression of the fires in settlements, on production facilities and infrastructure facilities" <5> I order to No. 957:

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<1> Russian Federation Code, 2011, No. 19, Art. 2716, No. 30 (p. I), Art. 4590, No. 43, Art. 5971, No. 48, Art. 6728; 2012, No. 26, Art. 3446, No. 31, Art. 4322; 2013, No. 9, Art. 874, No. 27, Art. 3477; 2014, No. 30 (p. I), Art. 4256, No. 42, Art. 5615; 2015, No. 1 (p. I), Art. 72, No. 27, Art. 3951, No. 29 (p. I), Art. 4339, Art. 4342, No. 29 (p. I), Art. 4389, No. 44, Art. 6047; 2016, No. 1 (p. I), Art. 51.

<2> Russian Federation Code, 2004, No. 28, Art. 2882; 2005, No. 43, Art. 4376; 2008, No. 17, Art. 1814, No. 43, Art. 4921, No. 47, Art. 5431; 2009, No. 22, Art. 2697, No. 51, Art. 6285; 2010, No. 19, Art. 2301, No. 20, Art. 2435, No. 51 (p. III), Art. 6903; 2011, No. 1, Art. 193, Art. 194, No. 2, Art. 267, No. 40, Art. 5532; 2012, No. 2, Art. 243, No. 6, Art. 643, No. 19, Art. 2329, No. 47, Art. 6455; 2013, No. 26, Art. 3314, No. 52 (p. II), Art. 7137; 2014, No. 11, Art. 1131, No. 27, Art. 3754; 2015, No. 4, Art. 641, No. 11, Art. 1588; 2016, No. 1 (p. I), Art. 211.

<3> Russian Federation Code, 2011, No. 22, Art. 3169, No. 35, Art. 5092; 2012, No. 28, Art. 3908, No. 36, Art. 4903, No. 50 (p. VI), Art. 7070, No. 52, Art. 7507; 2014, No. 5, Art. 506.

<4> Russian Federation Code, 2011, No. 48, Art. 6931; 2012, No. 17, Art. 1965, No. 36, Art. 4916, No. 37, Art. 5002, No. 39, Art. 5267; 2013, No. 24, Art. 3014, No. 44, Art. 5764; 2015, No. 1 (p. II), Art. 279, No. 19, Art. 2820, No. 41 (p. III), Art. 5670.

<5> Russian Federation Code, 2012, No. 7, Art. 854; 2015, No. 11, Art. 1607, No. 19, Art. 2820.

Approve the enclosed Administrative regulations of the Ministry of the Russian Federation for civil defense, to emergency situations and natural disaster response of execution of the state function on control of observance of licensed requirements when implementing activities for suppression of the fires in settlements, on production facilities and infrastructure facilities.

Approved by the Order of the Ministry of the Russian Federation for civil defense, to emergency situations and natural disaster response of June 7, 2016, No. 312

Administrative regulations of the Ministry of the Russian Federation for civil defense, to emergency situations and natural disaster response of execution of the state function on control of observance of licensed requirements when implementing activities for suppression of the fires in settlements, on production facilities and infrastructure facilities

I. General provisions

Name of function

1. The administrative regulations of the Ministry of the Russian Federation for civil defense, to emergency situations and natural disaster response of execution of the state function on control of observance of licensed requirements when implementing licensing of activities for suppression of the fires in settlements, on production facilities and infrastructure facilities determine terms and the sequence of ministerial procedures (actions) in case of execution of the state function by control of observance of licensed requirements when implementing activities for suppression of the fires in settlements, on production facilities and infrastructure facilities (further - the state function).

The name of the body exercising the state control (supervision)

2. The state function is performed by the Ministry of the Russian Federation for civil defense, to emergency situations and natural disaster response (further - Emercom of Russia) and its territorial authorities (further - divisions of the licensing body).

The regulatory legal acts regulating implementation of the state control

3. The list of the regulatory legal acts regulating implementation of the state control is posted on the official site by Emercom of Russia on the Internet (www.mchs.gov.ru) (further - the official site of Emercom of Russia), and also in the federal state information system "Federal Register of the State and Municipal Services (Functions)" (further - the Federal register of the state services) and in the federal state information system "Single Portal of the State and Municipal Services (Functions)" (www.gosuslugi.ru) (further - the Single portal of the state and municipal services).

Subject of the state control (supervision)

4. Subject of the state control is check of compliance of the licensee to licensed requirements, the data on activities of the licensee containing in its documents, conditions of the licensed type of activity of the technical means, the equipment, compliance of workers of the licensee to licensed requirements used when implementing, qualities of the performed works of the rendered services taken by the licensee of measures for observance of licensed requirements, execution of instructions about elimination of the revealed violations of licensed requirements.

The rights and obligations of officials when implementing the state control (supervision)

5. Officials of divisions of the licensing body in case of execution of the state function shall:

timely and fully to perform the powers provided in accordance with the legislation of the Russian Federation according to the prevention, identification and suppression of violations of licensed requirements;

when conducting check within execution of the state function to observe the legislation of the Russian Federation, the right and legitimate interests of the licensee concerning which it is performed;

perform based on the order of the head (deputy manager) of division of the licensing body about its carrying out (further - the order) according to its appointment;

perform only during execution of service duties, exit check only in case of presentation of official IDs, copies of the order about conducting check;

represent to the licensee (to other representative it to person) copies of documents on coordination of conducting check with body of prosecutor's office - if this coordination is stipulated by the legislation the Russian Federation;

perform check according to the principles of legality and presumption of conscientiousness;

not interfere with the licensee (to other representative it to person) to be present when conducting check and to make explanations on the questions relating to check subject;

represent to the licensee (to other representative it to person) which is present when conducting check, information and documents relating to check subject;

acquaint the licensee (other representative him persons) with results of check;

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