Federal Law On Amendments to the Federal Law "On Protecting the Rights of Legal Persons and Individual Entrepreneurs of the State" Control and municipal control " adopted by the State Duma on July 1, 2015 Approved by the Federation Council on July 8, 2015 Article 1 Article 1 Article 1 class="doclink " href=" ?docbody= &prevDoc= 102375716&backlink=1 & &nd=102126836 " target="contents"> N 294-FZ of 26 December 2008 on the protection of the rights of legal persons and individual entrepreneurs in the exercise of State control (supervision) and municipal of the Russian Federation. 6249; 2009, N 18, sect. 2140; N 29, st. 3601; N 48, st. 5711; N 52, est. 6441; 2010, N 17, sect. 1988; N 31, sect. 4160, 4193, 4196; N 32, sect. 4298; 2011, N 1, sect. 20; N 17, est. 2310; N 23, st. 3263; N 27, est. 3880; N 30, est. 4590; N 48, st. 6728; 2012, N 19, sect. 2281; N 26, est. 3446; N 31, est. 4320, 4322; N 47, sect. 6402; 2013, N 9, sect. 874; N 27, est. 3477; N 30, est. 4041; N 48, sect. 6165; N 52, sect. 6961, 6979, 6981; 2014, N 11, st. 1092, 1098; N 26, est. 3366; N 30, est. 4220, 4235, 4243, 4256; N 42, sect. 5615; N 48, sect. 6659; 2015, No. 1, st. 64, 72, 85; N 18, 100. 2614) The following changes: 1) in Article 2: a) to supplement paragraph 4-1 with the following: " 4-1) production facilities-territories, buildings, premises, installations, equipment, devices, other similar facilities, vehicles used by legal persons, individual entrepreneurs in carrying out their activities; "; b) in paragraph 5 of the words" territories, buildings, structures, facilities, premises, equipment such as vehicles, replace "production" by "production" "; 2) in Chapter 1, to supplement Article 8-1 as follows: " Article 8-1. Apply a risk-oriented approach to state control (surveillance) 1. In order to make optimal use of the labour, material and financial resources involved in the exercise of State control (supervision), reduction of the costs of legal persons, individual entrepreneurs and improvement of their efficiency The activities of the State control bodies (supervision) in the organization of certain types of state control (supervision), as defined by the Government of the Russian Federation, take a risk-oriented approach. 2. The risk-oriented approach is the method of organization and implementation of State control (supervision), in which the choice of intensity (form, duration, periodicity) in the cases envisaged by the Federal Act Control activities define the attribution of the activity of the legal entity, the individual entrepreneu and (or) the activities they use to carry out such activities to a particular risk category, or of a specific class (category) of hazard. 3. The assignment to a particular class (category) is carried out by the State control (supervisory) body, taking into account the gravity of the potential negative consequences of possible non-compliance by legal persons, individual entrepreneurs mandatory requirements, and to a certain risk category, also taking into account the assessment of the likelihood of non-compliance with the relevant mandatory requirements. 4. The criteria for the attribution of activities of legal entities, individual entrepreneurs and (or) the production facilities used by them to a particular category of risk or to a particular class (category) are determined by the Government of the Russian Federation The Federation, if not established by a federal law. 5. In the event that the criteria for the attribution of the activities of legal persons, individual entrepreneurs and (or) the production facilities used by them to a particular risk category are the conduct of the State control (supervision) Federal authorities approve the calculation of the values of the indicators used to assess the potential negative consequences of possible non-compliance with mandatory requirements, assess the likelihood of their non-compliance, and the methods of such calculation are approved by the federal authorities the executive authorities responsible for the elaboration of a State Policy and regulatory frameworks in the relevant area of activity. 6. The rules for the classification of the activities of legal persons, individual entrepreneurs and (or) the production facilities used by them to a certain category of risk, to a particular class (category), are determined by the Government of the Russian Federation. These rules should provide for the possibility of a legal person, an individual entrepreneor, to change his or her previous risk category or class (s). 7. If, in accordance with federal law, the classification of the activities of legal entities, individual entrepreneurs and (or) the production facilities used by them to a particular category of risk, a certain class (s) of danger is exercised within the framework of the State control (supervision) of the powers of State registration, the issuance of a permit (special right) or other such powers, the rules on the classification of the activity of legal persons, individual entrepreneurs and (or) their production The objects to a particular category of risk, to a particular class (category), are determined by a regulatory legal act establishing the procedure for exercising the powers of such a public authority. "; 3) in article 9: (a) supplement part 1 to 2 with the following content: " 1-2. The Government of the Russian Federation with regard to certain types of State control (supervision) determined in accordance with articles 8, paragraphs 1 and 2, of this Federal Act may be found to be applicable if the activity a legal entity, an individual entrepreneu and (or) the production facilities used by them are classified in a certain category of risk, a certain class (category) of danger, a planned inspection of such a legal person, an individual ";"; b) Part 2, in addition to the words ", if not otherwise is provided in Parts 9 and 9-3 of this Article "; in) to be supplemented with Part 9-3 as follows: " 9-3. The Government of the Russian Federation may establish a different frequency of scheduled inspections in the implementation of the types of State control (supervision) determined in accordance with articles 8, paragraphs 1 and 2, of this Federal Act, depending on the classification of the activity of a legal entity, an individual entrepreneu and (or) the production facilities used by them, to a particular category of risk, to a particular class (category) of danger. "; 4) Article 12 be supplemented by Part 3-1, as follows: " 3-1. The Government of the Russian Federation with regard to certain types of State control (supervision) determined in accordance with articles 8, paragraphs 1 and 2, of this Federal Act may be found to be applicable if the activity a legal entity, an individual entrepreneu and (or) the production facilities used by them are assigned to a certain category of risk, a certain class (category) of danger, a planned inspection of such a legal person, an individual Article 13 (1) (1) (1), (1) , to read: " 1-1. The Government of the Russian Federation with regard to certain types of State control (supervision) determined in accordance with article 8, paragraphs 1 and 2, of this Federal Act may be subject to an abbreviation of the duration of the inspection. If the activity of a legal entity, an individual entrepreneu and (or) the production facilities used by them are assigned to a particular category of risk, to a particular class (category) of danger. "; 6) to supplement article 26-1 , to read: Article 26-1. { \b } { \b Organization and } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b Enterprise 1. Unless otherwise specified in Part 2 of this article, no routine checks shall be conducted between 1 January 2016 and 31 December 2018 for legal entities and individual entrepreneurs assigned under the provisions of article 4 of the Federal Act. Law of 24 July 2007 No. 209-FZ "On small and medium-sized business development in the Russian Federation" to small business entities, excluding legal entities, individual entrepreneurs carrying out activities, by the Government of the Russian Federation under article 9, paragraph 9, of this Federal Act. 2. Where information is available that persons referred to in part 1 of this article have previously been given an enforceable ruling on the imposition of an administrative penalty for a gross violation determined in accordance with OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federal Law of 4 May 2011 N 99-FZ " O -Licensing of certain activities ", and from the date of the end of the check, which resulted in such a decision, less than three years passed, the body of State control (supervision), the municipal authority Monitoring of the annual plan for planned inspections has the right to decide on the inclusion in the annual plan of planned inspections of such persons on the grounds provided for in article 9, paragraph 8, of the present report. of the Federal Act, as well as other federal laws establishing The characteristics of the organization and the conduct of the inspections. At the same time, in addition to the information provided for in article 9, paragraph 4, of this Federal Act, the annual plan contains information on the decision or decision, the date of their entry into force and the date of completion. The results of this test may be used as a basis for the evaluation of the State party. 3. A legal person, an individual entrepreneor has the right to apply to the State control (supervision) body, the municipal authority's application for an exemption from the annual plan to conduct routine checks on them, if they believe that Verification is included in the annual plan for scheduled inspections, in violation of the provisions of this article. The procedure for the submission of an application, the list of documents annexed to it, confirming the allocation of a legal entity, an individual entrepreneor to small business entities, the procedure for the consideration of the application, and the appeal against the inclusion of a test in the The Government of the Russian Federation determines the annual plan for routine inspections, as well as the exemption from the annual plan of routine inspections. 4. In developing the annual planning for 2017 and 2018, the state control body (supervision), the municipal control authority is obliged to check the information about the information about the situation. The inclusion of the planned audits of legal entities and individual entrepreneurs in small business entities. The Government of the Russian Federation shall establish the procedure for such inter-institutional communication. 5. The officials of the State control authority (supervision), the municipal control authority, before conducting a routine check shall be obliged to explain to the head, other official or authorized representative of the legal entity, the individual The employer, his authorized representative the substance of the provisions of this article. In case of submission to the officials of the State control body (supervision), the municipal control body, when conducting a routine inspection of documents confirming the identification of the legal entity, the individual entrepreneor, in relation to In the case of a scheduled inspection, the persons referred to in paragraph 1 of this article shall, in the absence of the grounds specified in part 2 of this article, terminate the routine check as shall be done. 6. The provisions of this article shall apply in respect of the types of State control (supervision) and municipal control, the organization and implementation of which are governed by this Federal Law, including the types of State control (Supervision) referred to in article 1, paragraph 4, of this Federal Act, except for: 1) Federal State supervision in the field of industrial security and federal State fire supervision with regard to legal entities. persons, individual entrepreneurs who exploit the dangerous production facilities I or II of the hazard class; 2) of the federal State supervision of the safety of hydraulic structures for legal entities, individual entrepreneurs who exploit the hydraulic engineering Buildings I or II of the hazard class; 3) State environmental supervision of legal entities, individual entrepreneurs, exploitative facilities having an adverse impact on the environment, I or II category; 4) of the federal State supervision in the (5) Federal State Control of the Protection of State Secrets; 6) of the Licensed Control of the Management Organizations in the Area of Management on the management of multifamily houses; 7) external quality control of the audit institutions determined by the Federal Act of 30 December 2008 N 307-FZ "On audit activity"; 8) State oversight of the use of nuclear energy. 7. The conduct of a planned inspection, in violation of the requirements of this article, is a flagrant violation of the requirements of the law on State control (supervision) and municipal control, and renders the results of the verification invalidated in accordance with Part 1 of Article 20 of this Federal Law. ". Article 2 1. This law shall enter into force on the date of its official publication. 2. Provisions of Federal Law of 26 December 2008 N 294-FZ " On protection of the rights of legal persons and individual entrepreneurs in the implementation of the law "State control (supervision) and municipal control" (in the wording of this Federal Law) as part of the risk-oriented approach in the implementation of state control (supervision) is applied from January 1, 2018. The Government of the Russian Federation has the right to define certain types of state control (supervision), which with the application of a risk-oriented approach can be carried out before 1 January 2018. President of the Russian Federation Vladimir Putin Moscow, Kremlin 13 July 2015 N 246-FZ