ORDER OF THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION OF THE RUSSIAN FEDERATION

of March 9, 2017 No. 79

About approval of Administrative regulations of execution of the state function by Federal Nature Management Supervision Service on implementation of federal state supervision in the field of protection, reproduction and use of objects of fauna and the circle of their dwelling in especially protected natural territories of federal importance

According to the Regulations on the Ministry of Natural Resources and Environmental Protection of the Russian Federation approved by the order of the Government of the Russian Federation of November 11, 2015 No. 1219 (The Russian Federation Code, 2015, No. 47, Art. 6586; 2016, No. 2, Art. 325; No. 25, Art. 3811; No. 28, Art. 4741; No. 29, Art. 4816; No. 38, Art. 5564; No. 39, Art. 5658; No. 49, the Art. 6904) and item 4 of Rules of development and approval of administrative regulations of execution of the state functions approved by 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" ("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, to No. 5, of the Art. 506), I order:

approve the enclosed Administrative regulations of execution of the state function by Federal Nature Management Supervision Service on implementation of federal state supervision in the field of protection, reproduction and use of objects of fauna and the circle of their dwelling in especially protected natural territories of federal importance.

Approved by the Order of the Ministry of Natural Resources and Environmental Protection of the Russian Federation of March 9, 2017, No. 79

Administrative regulations of execution of the state function by Federal Nature Management Supervision Service on implementation of federal state supervision in the field of protection, reproduction and use of objects of fauna and the circle of their dwelling in especially protected natural territories of federal importance

I. General provisions

Name of the state function

1. Federal state supervision in the field of protection, reproduction and use of objects of fauna and the circle of their dwelling in especially protected natural territories of federal importance (further - the state function).

The name of the federal executive body performing the state function

2. Execution of the state function is performed by Federal Nature Management Supervision Service (further - Rosprirodnadzor) and its territorial authorities (the list of territorial authorities of Rosprirodnadzor is given in appendix 1 to these Administrative regulations).

3. Participation performed by the state function of other federal executive bodies, bodies of state non-budgetary funds, executive bodies of subjects of the Russian Federation and local government bodies, and also the organizations is not required.

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

4. The state function is performed according to:

The Federal Law of January 10, 2002 No. 7-FZ "About environmental protection" (The Russian Federation Code, 2002, No. 2, Art. 133; 2004, No. 35, Art. 3607; 2005, No. 1, Art. 25; No. 19, Art. 1752; 2006, No. 1, Art. 10; No. 52, Art. 5498; 2007, No. 7, Art. 834; No. 27, Art. 3213; 2008, No. 26, Art. 3012; No. 29, Art. 3418; No. 30, Art. 3616; 2009, No. 1, Art. 17; No. 11, Art. 1261; No. 52, Art. 6450; 2011, No. 1, Art. 54; No. 29, Art. 4281; No. 30, Art. 4590, Art. 4591, Art. 4596; No. 48, Art. 6732; No. 50, Art. 7359; 2012, No. 26, Art. 3446; 2013, No. 11, Art. 1164; No. 27, Art. 3477; No. 30, Art. 4059; No. 52, Art. 6971, Art. 6974; 2014, No. 11, Art. 1092; No. 30, Art. 4220; No. 48, Art. 6642; 2015, No. 1, Art. 11; No. 27, Art. 3994; No. 29, Art. 4359; No. 48, Art. 6723; 2016, No. 1, Art. 24; No. 15, Art. 2066; No. 26, Art. 3887; No. 27, Art. 4187, 4286; 4291);

The Federal Law of March 14, 1995 No. 33-FZ "About especially protected natural territories" (The Russian Federation Code, 1995, No. 12, Art. 1024; 2002, No. 1, Art. 2; 2005, No. 1, Art. 25, No. 19, Art. 1752; 2006, No. 50, Art. 5279; 2007, No. 13, Art. 1464, No. 21, Art. 2455; 2008, No. 29, Art. 3418; No. 30, Art. 3616; No. 49, Art. 5742, Art. 5748; 2009, No. 1, Art. 17; No. 52, Art. 6455, 2011, No. 30, Art. 4567, Art. 4567, Art. 4590, No. 48, Art. 6732, No. 49, Art. 7043; 2012, No. 26, Art. 3446; 2013, No. 19, Art. 2331; No. 52, Art. 6971, 2014, No. 11, Art. 1092; No. 26, Art. 3377; No. 42, Art. 5615, No. 48, Art. 6642; 2015, No. 1, Art. 52, No. 29, Art. 4347, Art. 4359; 2016, No. 27, Art. 4187; 2017, No. 1, Art. 27);

The Federal Law of April 24, 1995 No. 52-FZ "About fauna" (The Russian Federation Code, 1995, No. 17, Art. 1462; 2003, No. 46, Art. 4444; 2004, No. 45, Art. 4377; 2005, No. 1, Art. 25; 2006, No. 1, Art. 10; No. 52, Art. 5498; 2007, No. 1, Art. 21; No. 17, Art. 1933; No. 50, Art. 6246; 2008, No. 30, Art. 3616, No. 49, Art. 5748; 2009, No. 1, Art. 17, No. 11, Art. 1261; No. 30, Art. 3735; 2011, No. 1, Art. 32; No. 30, Art. 4590; No. 48, Art. 6732; 2013, No. 19, Art. 2331; 2015, No. 29, Art. 4359, 4370; 2016, No. 27, the Art. of 4160,4282) (further - the Federal Law "About Fauna");

The Federal Law of May 2, 2006 No. 59-FZ "About procedure for consideration of addresses of citizens of the Russian Federation" (The Russian Federation Code, 2006, No. 19, Art. 2060; 2010, No. 27, Art. 3410, No. 31, Art. 4196; 2012, No. 31, Art. 4470; 2013, No. 19, Art. 2307; No. 27, Art. 3474; 2014, No. 48, Art. 6638; 2015, No. 45, the Art. 6206) (further - the Federal Law of May 2, 2006 No. 59-FZ);

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" (The Russian Federation Code, 2008, No. 52, Art. 6249; 2009, No. 18, Art. 2140, No. 29, Art. 3601, No. 48, Art. 5711, No. 52, Art. 6441; 2010, No. 17, Art. 1988, No. 18, Art. 2142, No. 31, Art. 4160, Art. 4193, Art. 4196, No. 32, Art. 4298; 2011, No. 1, Art. 20; No. 17, Art. 2310, No. 23, Art. 3263, No. 27, Art. 3880, No. 30, Art. 4590, No. 48, Art. 6728; 2012, No. 19, Art. 2281, No. 26, Art. 3446, No. 31, Art. 4320, 4322; No. 47, Art. 6402; 2013, No. 9, Art. 874; No. 27, Art. 3477; No. 30, Art. 4041; No. 44, Art. 5633; No. 48, Art. 6165; No. 49, Art. 6338; No. 52, Art. 6961; Art. 6979; Art. 6981; 2014, No. 11, Art. 1092, Art. 1098; No. 26, Art. 3366; No. 30, Art. 4220, 4235, 4243, 4256; No. 42, Art. 5615; No. 48, Art. 6659; 2015, No. 1, Art. 53, 64, 72, 85; No. 14, Art. 2022; No. 18, Art. 2614, No. 27, Art. 3950; No. 29, Art. 4339, 4362, 4372, 4389; No. 45, Art. 6207; No. 48, Art. 6707; 2016, No. 11, Art. 1495; No. 18, Art. 2503; No. 27, Art. 4160, 4164, 4187, 4210, 4287; No. 50, the Art. 6975) (further - the Federal Law of December 26, 2008 No. 294-FZ);

The Federal Law of April 6, 2011 No. 63-FZ "About the digital signature" (The Russian Federation Code, 2011, No. 15, Art. 2036; No. 27, Art. 3880; 2012, No. 29, Art. 3988; 2013, No. 14, Art. 1668; No. 27, Art. 3463, Art. 3477; 2014, No. 11, Art. 1098; No. 26, Art. 3390; 2016, No. 1, Art. 65; No. 26, Art. 3889);

the order of the Government of the Russian Federation of July 30, 2004 No. 400 "About approval of the Regulations on Federal Nature Management Supervision Service and modification of the order of the Government of the Russian Federation of July 22, 2004 No. 370" (The Russian Federation Code, 2004, No. 32, Art. 3347; 2006, No. 44, Art. 4596; No. 52, Art. 5597; 2007, No. 22, Art. 2647; 2008, No. 16, Art. 1707, No. 22, Art. 2581, No. 32, Art. 3790, No. 46, Art. 5337; 2009, No. 6, Art. 738, No. 33, Art. 4081, No. 49, Art. 5976; 2010, No. 5, Art. 538; No. 14, Art. 1656; No. 26, 3350; No. 31, Art. 4247; No. 38, Art. 4835; No. 42, Art. 5390; No. 47, Art. 6123; 2011, No. 11, Art. 1935; 2012, No. 42, Art. 5718; 2013, No. 20, Art. 2489, No. 24, Art. 2999; No. 43, Art. 5561, No. 45, Art. 5822; 2015, No. 2, Art. 491; No. 17, Art. 2561; No. 47, Art. 6586; 2016, No. 2, Art. 325; No. 28, Art. 4741; No. 29, Art. 4816, 4832);

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; 2015, No. 49, Art. 6964; 2016, No. 1, Art. 234; No. 30, Art. 4928; No. 35, Art. 5326; No. 38, the Art. 5542) (further - the order of the Government of the Russian Federation of June 30, 2010 No. 489);

the order of the Government of the Russian Federation of June 5, 2013 No. 476 "About questions of the state control (supervision) and recognition voided some acts of the Government of the Russian Federation" (The Russian Federation Code, 2013, No. 24, Art. 2999; 2014, No. 13, Art. 1484; 2015, No. 1, Art. 279; No. 2, Art. 514; No. 19, Art. 2831; No. 47, Art. 6586; 2016, No. 1, Art. 232; No. 23, Art. 3330; No. 35, the Art. 5326) (further - the order of the Government of the Russian Federation of June 5, 2013 No. 476);

the order of the Government of the Russian Federation of May 8, 2014 No. 426 "About federal state ecological supervision" (The Russian Federation Code, 2014, No. 20, Art. 2535; 2016, No. 45, Art. 6267);

the order of the Government of the Russian Federation of April 28, 2015 No. 415 "About Rules of forming and maintaining the unified register of checks" (The Russian Federation Code, 2015, No. 19, Art. 2825; No. 51, Art. 7406);

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" (No. 13915) is registered in the Ministry of Justice of the Russian Federation on May 13, 2009 (further - the order of the Ministry of Economic Development of the Russian Federation of April 30, 2009 No. 141) in edition of orders of the Ministry of Economic Development of the Russian Federation of 24.05.2010 No. 199 (No. 17702) is registered in the Ministry of Justice of the Russian Federation 06.07.2010, of 30.09.2011 No. 532 (No. 22264) is registered in the Ministry of Justice of the Russian Federation 10.11.2011, of 30.09.2016 No. 620 (No. 44118) is registered in the Ministry of Justice of the Russian Federation 24.10.2016;

the order of Rosprirodnadzor of March 19, 2015 No. 224 "About approval of the List of officials of Federal Nature Management Supervision Service, representatives to constitute protocols on administrative offenses" (No. 36838) is registered in the Ministry of Justice of the Russian Federation on April 10, 2015.

Subject of the state supervision

5. The state supervision is directed to the prevention, identification and suppression of violations by public authorities, local government bodies, and also legal entities, their heads and other officials, individual entrepreneurs, their authorized representatives (further - legal entities, individual entrepreneurs) and citizens of the requirements established according to international treaties of the Russian Federation, the Federal Laws and the regulatory legal acts of the Russian Federation adopted according to them, and also according to the laws and regulatory legal acts of subjects of the Russian Federation in the field of protection, reproduction and use of objects of fauna and the circle of their dwelling (further - mandatory requirements), by means of the organization and conducting checks of the specified bodies and persons and actions for control of observance of mandatory requirements in the territory of the habitat of objects of fauna (further - actions for control), by means of acceptance of stipulated by the legislation measures of the Russian Federation for suppression and (or) elimination of consequences 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 by legal entities, individual entrepreneurs and citizens of the activities.

6. Subject of checks of legal entities, individual entrepreneurs and citizens is observance by them when implementing the activities of mandatory requirements.

Subject of documentary check are:

the data containing in the documents of the legal entity, individual entrepreneur establishing their form of business, the rights and obligations;

the documents used when implementing their activities and connected with execution of mandatory requirements by them, execution of instructions and resolutions of Rosprirodnadzor or its territorial authority;

acts of the previous checks;

materials of hearing of cases about administrative offenses;

other documents on results of the legal entity performed concerning these, the individual entrepreneur of the state supervision.

Subject of exit check are containing in documents of the legal entity, individual entrepreneur of the data, and also the compliance of their workers, condition of the territories used by specified persons when implementing activities, buildings, structures, constructions, rooms, the equipment, similar objects, vehicles made and goods realized by the legal entity, the individual entrepreneur (the performed work, the provided services) and the measures for execution of mandatory requirements taken by them.

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