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On Amendments To Certain Legislative Acts Of The Russian Federation

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW amending certain pieces of legislation Russian Federation adopted by the State Duma on July 13, 2012 Approved by the Federation Council on 18 July 2012 Article 1 Article 333-33, paragraph 1, of the Second Tax Code OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2000, N 32, sect. 3340; 2004, N 45, sect. 4377; 2005, N 30, sect. 3117; N 52, sect. 5581; 2006, N 1, sect. 12; N 27, est. 2881; N 43, sect. 4412; 2007, N 1, est. 7; N 31, est. 4013; N 46, st. 5553; 2008, N 52, sect. 6218, 6227; 2009, N 29, st. 3625; N 30, st. 3735; N 52, sect. 6450; 2010, N 15, sect. 1737; N 28, sect. 3553; N 31, st. 4198; N 46, sect. 5918; 2011, N 27, sect. 3881; N 30, est. 4566, 4575, 4583, 4593; N 48, st. 6731; N 49, sect. 7063; 2012, N 18, sect. 2128; N 24, st. 3066) the following changes: 1), paragraph 41, amend to read: " 41) for issuing a diagnostic card containing information on whether or not a vehicle meets mandatory safety requirements In cases stipulated by article 54, paragraph 1, of the Federal Act of 7 February 2011, No. 3-FZ "On the police", 300 roubles; "; (2) subparas 41-1 and 42 that are no use. Article 2 Article 2 Act No. 40 of 25 April 2002 on compulsory insurance of civil liability OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1720; 2007, N 49, sect. 6067; 2008, N 30, est. 3616; 2010, N 17, sect. 1988; 2011, N 1, sect. 4; N 27, est. 3881; N 29, st. 4291; N 49, sect. 7040), the following changes: 1) in article 14: a) in paragraph 1 of paragraph 1 of paragraph 1 of the word "technical inspection or the pass of a state technical inspection" shall be replaced by the words " a diagnostic card containing of the compliance of the vehicle with the mandatory safety requirements of the vehicles, "; b) in paragraph 2, replace the word" technical inspection "with the words" a diagnostic card containing information on compliance of a vehicle with mandatory safety requirements paragraph 3 (e) of article 15, paragraph 3 (e), to read as follows: (except if, in accordance with the legislation on technical inspection of vehicles, the vehicle is not subject to technical inspection or is not required to be carried out, or the order and frequency of the vehicle shall not be required. by the Government of the Russian Federation The Federation or the periodicity of technical inspection of such a vehicle shall be six months, as well as the cases provided for in article 10, paragraph 3 of this Federal Law. "; 3), paragraph 1, subparagraph 1, of the article 25 to be exhausted. Article 3 Amend the federal law of July 1, 2011 N 170-FZ " On technical inspection of vehicles and on introduction OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3881; N 49, sect. 7040, 7061), as follows: 1) in article 1: (a), paragraph 2, amend to read: " 2) A diagnostic card is a document issued from the technical inspection of the vehicle (in the number of its parts, items of its additional equipment) containing information on the conformity or non-conformity of the vehicle with the mandatory vehicle safety requirements and in the event that it contains information on conformity Mandatory vehicle safety requirements, "The approval of the vehicle to participate in road traffic on the territory of the Russian Federation and in accordance with the international treaties of the Russian Federation, also outside the territory of the Russian Federation;"; (c) Paragraph 5 should read as follows: " (5) the area of accreditation-technical inspection activities of a certain category of vehicles or urban land electric vehicles, Item 7 (a) of the report). read: "7) Technical Inspection Operator-Legal entity or sole proprio (including a dealer) accredited in accordance with established procedure for the right to carry out technical inspection;"; d) paragraph 9 The following wording is as follows: " (9) the period of validity of the diagnostic card is the period from the date on which the diagnostic card is issued until the day at which the owner of the vehicle or his representative is obliged to apply for another Technical inspection; "; (e) paragraph 11 to be declared invalid; (g) to supplement paragraph 17 reading as follows: " 17) a dealer is a legal person or an individual entrepreneor registered in the territory of the Russian Federation and carrying out his/her own account in the territory of the Russian Federation. In accordance with the contract entered into with the manufacturer and/or importer (or distributor) of individual brands, service of such vehicles. "; 2), paragraph 6, paragraph 6, of article 4, amend to read: " 6) responsibility of technical inspection operators for extradition A diagnostic card for a vehicle that does not meet the mandatory safety requirements of the vehicles, as well as compliance with other requirements established by this Federal Law. "; 3) Part 6 Article 5 should read: " 6. After the technical inspection by the operator of the technical inspection, a diagnostic card shall be issued containing information on the conformity or non-conformity of the vehicle with the mandatory safety requirements of the vehicles. "; 4) In article 6: a), in Part 1, the words "upon the expiry of the period specified in article 32 (1) of this Federal Law," delete; b) should be supplemented with Part 3 reading: " 3. Technical inspection operators in accordance with the scope of the accreditation are subject to technical inspection of urban ground electric vehicles and dealers are not taken into account in the calculation of actual availability of the population by the technical inspection points for the constituent entities of the Russian Federation and for the constituent entities of the Russian Federation. "; 5) in article 8: (a), paragraph 2, amend to read: " 2) approval of regulations Fill the diagnostic card; "; b) as follows: "(5) Establishment of procedures for accounting, storage, transfer and destruction of diagnostic cards;"; 6), article 10, paragraph 10, to recognize the void; 7) of article 11, paragraph 4, to be completed by paragraph 4 Content: "4) the existence of a contract with the manufacturer and/or importer (or distributor) of vehicles to service such vehicles in case the applicant is a dealer."; 8) in article 12: (a) Paragraph 8 of Part 2 should read: " 8) Information on the number of diagnostic cards issued by the operator, indicating the number of such documents. "; b) in Part 3: , paragraph 4, shall be declared void; paragraph 6 should read as follows: " (6) surname, first name and, if available, the patronymic of the technical expert who decided to issue a diagnostic card containing information on the conformity of the vehicle with the safety requirements of the vehicles means. "; 9) in article 14: (a) "technical inspection", "except in the case of a technical inspection of vehicles by a dealer,"; b) in paragraph 2 of the word "technical inspection certificate or international certificate of technical inspection". of the inspection ", replace the words" diagnostic card "; in paragraph 4 as follows: " 4) to ensure that the diagnostic cards are recorded, stored and destroyed in the manner prescribed by the authorized federal authority of the executive branch; "; 10) of article 15, paragraph 5, of the , to read: " 5. The owner of the vehicle is obliged to submit it for technical inspection during the period of the diagnostic map. "; 11) Part 2 of Article 16 should read: " 2. The limit for the fee for carrying out the technical inspection shall be differentiated according to the volume of work and the category of the vehicle, including the cost of individual technological operations. "; 12) in article 17: (a) Part 6, after the words "is public", should be supplemented with the words ", except in the case of the conclusion of contracts by the dealer,"; b), part 7, as follows: " 7. Technical diagnosis is carried out by technical experts responsible for conducting it and deciding whether to issue a diagnostic card containing information on the compliance of the vehicle with the mandatory safety requirements vehicles. "; 13) Article 19 should be amended to read: Article 19. Diagnostic card 1. The Diagnostic Card shall contain an opinion on the conformity or non-conformity of the vehicle with mandatory vehicle safety requirements. A diagnostic card containing an opinion on the possibility of the vehicle's operation shall contain a period of validity and a diagnostic card containing an opinion on the impossibility of operating the vehicle is not a list. The required safety requirements for the detected malfunctions. 2. The diagnostic shall be certified by a signature of the technical expert who carried out the inspection of the technical condition of the vehicle. 3. A diagnostic map shall be drawn up in writing in two copies and in the form of an electronic document. One copy of the written diagnostic card shall be issued to the owner of the vehicle or his representative, the other shall be kept at the operator of the technical inspection for not less than three years. A diagnostic map, drawn up in the form of an electronic document, shall be sent to a single automated technical inspection information system and stored in it for a period of not less than five years. 4. A diagnostic card is a strict reporting document. 5. If during the period of validity of the diagnostic card containing the vehicle's compliance with the mandatory safety requirements of the vehicles, the owner of the vehicle has changed (acquisition of property, receipt in economic management or operational management, etc.), this diagnostic card shall be deemed to be valid until the expiry of the period specified therein. 6. The form of the diagnostic card is approved by the Government of the Russian Federation and the rules for filling the diagnostic card are approved by the federal executive authority. 7. In the event of loss or damage to the diagnostic card during the period of its operation, the corresponding duplicate shall be issued by any operator of the technical inspection on the statement of the owner of the vehicle or of its representative on the basis of the information contained in the statement. A single automated technical inspection information system. 8. A duplicate diagnostic card is issued to the applicant on the day of the request. 9. For the issuance of a duplicate diagnostic card, a fee of one tenth of the limit of the fee for carrying out the technical inspection established by the authorized body of the State authority of the constituent entity of the Russian Federation shall be charged. " Articles 20 and 21 to declare void; (15) in article 22: (a) Part 1, amend to read: " 1. Control over the activities of the technical inspection operators is carried out by the professional association of insurers referred to in article 5, paragraph 1, of this Federal Act in accordance with the procedure established for the presentation of the professional of the merger of the insurers by the federal executive authority specified in article 23 of this Federal Law. "; b) Part 2 should read as follows: " 2. A documentary audit is conducted for the applicant who submitted a certificate of accreditation. The basis for the documentary audit of the applicant is the submission of an application for a certificate of accreditation to the professional association of the insurers. In the event that the relevant documentary verification of the applicant gives rise to reasonable doubt as to the accuracy of the information contained in the statement submitted and the documents confirming the applicant's conformity with the accreditation requirements, The professional associations of insurers are entitled to carry out an on-site inspection of the applicant. "; in) Part 3, amend to read: " 3. A documentary check is conducted for the technical inspection statement that submitted an application for the re-registration of the accreditation certificate. In this case, the basis for the documentary examination of the technical inspection operator is the presentation to the professional association of the insurers of the application for re-registration of the accreditation certificate. "; g) in Part 4 after the word "Documentary" to be supplemented with the words "or in the field", the words "the applicant or" should be replaced by the words "the claimant or the documentary test"; (d) Part 5, as follows: " 5. Documentary checks and (or) retreats shall be carried out with respect to the technical inspection operator. The basis for the documentary examination and (or) on-site inspection of the technical inspection operator is the professional association of the insurers referred to in article 5, paragraph 1, of this Federal Act, A legal person, a public authority or a local government body about the violation by the operator of a technical inspection of the accreditation requirements and (or) rules of technical inspection. "; Paragraph 4 (b) of article 27, paragraph 4 (b), shall be declared invalid; 17) paragraphs 4 and 5 of article 29, paragraph 5 (a), shall be declared void; 18), article 33, paragraph 4, as follows: " 4. Article 333-33, paragraph 1, of the second Tax Code of the Russian Federation (in the wording of this Federal Law) is applicable until 1 January 2014. ". Article 4 Admit invalid: 1) Paragraph 11, article 2, paragraph 11, of Federal Act No. 374-FZ of 27 December 2009 on amending article 45 of Part One and Chapter 25-3 parts of the Second Tax Code of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION 6450); (2) Article 1, paragraph 12, of the Federal Law of 21 November 2011 N 330-FZ " On amendments to Part Two of the Tax Code OF THE PRESIDENT OF THE RUSSIAN FEDERATION Art. 6731). Article 5 1. This Federal Law shall enter into force on the date of its official publication, with the exception of the provisions for which this article establishes a different time frame for their entry into force. 2. Article 2, paragraph 2, of this Federal Law shall enter into force 10 days after the date of the official publication of this Federal Law. 3. Article 1, paragraphs 16 and 18 of Article 3 and Article 4 of this Federal Law shall enter into force one month after the official publication of this Federal Law. 4. Article 3, paragraph 15 (e), of this Federal Law shall enter into force on 1 October 2012. 5. Paragraph 4 (a), subparagraph (b) (b), and article 3, paragraph 15, subparagraph (a), of this Federal Act shall enter into force on 1 January 2013. 6. The provisions of article 15, paragraph 3 (e), of the Federal Act No. 40 of 25 April 2002 on compulsory insurance of civil liability The owners of vehicles " (in the wording of this Federal Act) shall apply to legal relations that have arisen since 1 January 2012. 7. In the case of a contract of compulsory insurance, subject to the provisions of article 10 (3) (b) of the Federal Law of 25 April 2002, 40-FZ "On compulsory insurance of civil liability of vehicle owners" the rate of insurance tariffs depending on the term of insurance is determined by the rules of determining the coefficient of insurance rates, depending on the the duration of the insurance, if it is determined when the contract is concluded In accordance with article 10, paragraph 3 (a), of the Federal Act, compulsory insurance is provided, provided that the Government of the Russian Federation is not otherwise established. 8. Until 1 August 2015, when concluding a contract for compulsory insurance of civil liability of vehicle owners, together with a diagnostic card containing information on the compliance of the vehicle with mandatory requirements The safety of vehicles is permitted to produce a technical inspection or a pass on a state technical inspection of a vehicle issued before the day of entry into force of this Federal Law. 9. Professional association of insurers referred to in article 5, paragraph 1, of the Federal Act of 1 July 2011 No. 170-FZ " On Technical Inspection of the Russian Federation and the amendments to certain legislative acts of the Russian Federation ", is obliged to submit a draft procedure for monitoring the activities of technical inspection operators in the federal executive branch. as provided for in article 23 of the Federal Law, within two years Months from the date of publication of this Federal Law. President of the Russian Federation Vladimir Putin Moscow, Kremlin July 28, 2012 N 130-FZ