ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of November 26, 2015 No. 1268

About approval of Rules of giving and consideration of the application about check exception concerning the legal entity, the individual entrepreneur of the annual plan of conducting planned inspections and about modification of the Order of the Government of the Russian Federation of June 30, 2010 No. 489

According to article 26.1 of the Federal law "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control" Government of the Russian Federation decides:

1. Approve enclosed:

Rules of giving and consideration of the application about check exception concerning the legal entity, the individual entrepreneur of the annual plan of conducting planned inspections;

changes which are made to the order of the Government of the Russian Federation of June 30, 2010 No. 489 "About approval of Rules of preparation by state control (supervision) bodies and bodies of municipal control of annual plans of conducting planned inspections of legal entities and individual entrepreneurs" (The Russian Federation Code, 2010, No. 28, Art. 3706; 2012, No. 2, Art. 301; No. 53, Art. 7958).

2. The realization of this resolution is enabled within the number of workers of the federal executive bodies and means provided to the specified bodies on management and management in the sphere of the established functions established by the Government of the limiting Russian Federation.

Approved by the Order of the Government of the Russian Federation of November 26, 2015 No. 1268

Rules of giving and consideration of the application about check exception concerning the legal entity, the individual entrepreneur of the annual plan of conducting planned inspections

I. General provisions

1. These rules establish procedure for filing of application about check exception concerning the legal entity, the individual entrepreneur of the annual plan of conducting planned inspections of legal entities and individual entrepreneurs (further - the annual plan), the list of the documents attached to it confirming reference of the legal entity, individual entrepreneur to small business entities according to article 4 of the Federal law "About Development of Small and Medium Business in the Russian Federation", procedure for consideration of this statement, appeal of inclusion of check in the annual plan, and also exceptions of the corresponding check of the annual plan.

2. The legal entity, the individual entrepreneur who believe that check concerning them is included in the annual plan in defiance of provisions of article 26.1 of the Federal law "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control" submit to state control (supervision) body, body of municipal control the statement for check exception concerning the legal entity, the individual entrepreneur of the annual plan (further - the statement).

II. Procedure for filing of application

3. The statement and documents attached to it go to the state control (supervision) body which approved the annual plan, body of municipal control.

4. The application is signed by the head of the legal entity, the individual entrepreneur (further - the applicant) or the other person having the right to act on behalf of the applicant.

5. The statement and documents attached to it can be directed on paper or in the form of electronic documents (packet of the electronic documents) signed by the strengthened qualified digital signature of the applicant.

6. The application form is filled in in form according to appendix.

7. The applicant confirms the compliance to conditions, the stipulated in Clause 4 Federal Laws "About Development of Small and Medium Business in the Russian Federation", and encloses the following documents to the application:

a) the statement from the shareholder register of society (for joint-stock companies);

b) the copy of the report on financial results certified by the applicant in one calendar year from 3 prior calendar years (for the legal entities and individual entrepreneurs performing activities less than one calendar year, - for the period, passed from the date of their state registration).

If in accordance with the legislation of the Russian Federation about taxes and fees the individual entrepreneur records the income or the income and expenses and (or) other taxation objects according to the procedure, established by the legislation of the Russian Federation on taxes and fees, he has the right to submit other document certified by it which is containing information on proceeds from sales of goods (works, services) excluding tax on value added in one calendar year from 3 prior calendar years (for the individual entrepreneur performing activities less than one calendar year, - for the period, passed from the date of its state registration);

c) the copy of data on the average number of the workers provided to tax authority according to Item 3 of article 80 of the Tax Code of the Russian Federation for calendar year or the period for which data moved according to the subitem "b" of this Item certified by the applicant. The legal entities and individual entrepreneurs who were not attracting during the specified period of hired employees represent the corresponding data in the statement.

8. The document confirming powers of person who signed the application on submission of such statement is attached to the application signed by person acting on behalf of the applicant.

III. Procedure for consideration of the application

9. The state control (supervision) body or body of municipal control specified in Item 3 of these rules consider the application and documents attached to it.

If the statement and documents attached to it arrived in division of state control (supervision) body, the body of municipal control specified in Item 3 of these rules or in higher body of the state control (supervision), they are given to relevant organ of the state control (supervision) or body of municipal control within 3 working days.

10. The state control (supervision) body, body of municipal control specified in Item 3 of these rules, in time, not exceeding 10 working days from the date of receipt of the statement and the documents attached to it accept one of the following decisions:

a) about allowance of the application and exception of the corresponding check of the annual plan;

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