ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of March 30, 2017 No. 360

About federal state control of activities of accredited persons

The government of the Russian Federation decides:

1. Approve the enclosed Regulations on federal state control of activities of accredited persons.

2. Add the list of types of the state control (supervision) which are performed using risk - the oriented approach, No. 806 approved by the order of the Government of the Russian Federation of August 17, 2016 "About application risk - the oriented approach under the organization of separate types of the state control (supervision) and introduction of amendments to some acts of the Government of the Russian Federation" (The Russian Federation Code, 2016, No. 35, Art. 5326; 2017, No. 9, Art. 1361), Item 38 of the following content:

"38. Federal state control of activities of accredited persons.".

3. To the Ministry of Economic Development of the Russian Federation in 5-month time from the date of adoption of this resolution to approve:

indicators of risk of violation of mandatory requirements by accredited persons;

procedure for registration and content of tasks to authorized officers of national authority on accreditation on holding the actions for the state control performed without interaction with accredited persons, systematic observation of execution of mandatory requirements, the analysis and forecasting of condition of execution of mandatory requirements when implementing activities by accredited persons and also procedure for registration of results of holding such actions.

Approved by the Order of the Government of the Russian Federation of March 30, 2017 No. 360

Regulations on federal state control of activities of accredited persons

I. General provisions

1. This Provision establishes procedure for the organization and implementation of federal state control of activities of the legal entities and individual entrepreneurs accredited in national accreditation system (further - accredited persons).

2. Tasks of the state control of activities of accredited persons (further - the state control) are the prevention, identification and suppression of violation by accredited persons of the requirements established by the Federal Law "About Accreditation in National Accreditation System", other Federal Laws and other regulatory legal acts of the Russian Federation accepted according to them, and in the cases provided by international treaties of the Russian Federation, and other requirements established including the acts entering the right of the Eurasian Economic Union (further - mandatory requirements), and also acceptance of stipulated by the legislation measures of the Russian Federation for suppression and (or) elimination of effects of the revealed violations of these requirements.

3. The state control is exercised by Federal Accreditation Service.

Within the state control experts, expert and other organizations according to the Federal Law "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control" can be involved in holding separate actions.

4. The state control is exercised by means of conducting unscheduled documentary and (or) exit inspections, actions for prevention of violations of mandatory requirements, actions for control performed without interaction with accredited persons, acceptances of stipulated by the legislation measures of the Russian Federation for suppression and (or) elimination of effects of the revealed violations, and also systematic observation of execution of mandatory requirements, the analysis and forecasting of condition of execution of mandatory requirements when implementing activities by accredited persons.

Scheduled inspections when implementing the state control are not carried out.

5. The officials authorized on implementation of the state control are:

a) head, deputy manager of Federal Accreditation Service;

b) heads, deputy managers of structural divisions of Federal Accreditation Service, heads, deputy managers of territorial authorities of Federal Accreditation Service whose official regulations provide powers on implementation of the state control;

c) other officials of Federal Accreditation Service and its territorial authorities which official regulations provide powers on implementation of the state control.

6. The officials authorized on implementation of the state control have the rights, fulfill duties and observe the restrictions set by the legislation of the Russian Federation and also bear responsibility for improper execution of the powers assigned to them in accordance with the legislation of the Russian Federation.

7. The officials authorized on implementation of the state control when holding actions within the state control have the right:

a) request according to the competence and to gratuitously receive from state bodies, local government bodies, citizens and the organizations documents, necessary for implementation of the state control, the data (information) and materials about activities of accredited persons concerning which events for the state control are held;

b) freely in case of presentation of the official ID and copy of the order on conducting exit check to visit the territory, buildings, constructions and rooms used by accredited person for performance of works and (or) rendering services according to area of accreditation, to get access to the used accredited person according to area of accreditation to the equipment, substances and materials;

c) request and receive from the head and workers of accredited person all documents (information), including properly verified copies of such documents, necessary for goal achievement of actions for the state control (taking into account the restrictions set by the legislation of the Russian Federation), and also to demand from the head and workers of accredited person written and (or) oral explanations on the questions arising during conducting check including concerning knowledge and observance by workers of accredited person of accreditation criterions, rules of performance of works on assessment of conformity, requirements of quality management system of accredited person, including by holding interview, in test form, form of accomplishment of practical task and other forms;

d) use technical means, including computers, electronic media of information, scanners, phones, means of video, cameras, other technical means, necessary for conducting check, to bring them in the rooms belonging to accredited persons concerning whom are performed;

e) direct to authorized bodies materials about the revealed violations of the law of the Russian Federation in activities of accredited persons for the solution of question of involvement of perpetrators to responsibility;

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