VI. Approval of a draft regulatory legal act
Article 31 Coordination of draft legal acts of the administration
1. Draft resolutions and orders of the administration are subject to mandatory approval and are submitted for signing in the presence of appropriate visas. Project approval visas are placed on the approval sheet attached to the project. When coordinating draft legal acts, the approval sheet may be printed on the reverse side of the first sheet of the draft or on a separate sheet.
2. The approval of the project is carried out in the following order (priority):
1) the head of the structural subdivision of the administration (of another organization) - the initiator (developer) of the project (for administration bodies endowed with the rights legal entity, municipal enterprises and institutions, an additional visa of a full-time lawyer is required this body(organization) or other official with a higher legal education);
2) the deputy (deputies) of the head of the administration, who, in accordance with the written distribution of duties, coordinates and controls the activities of the structural unit of the administration specified in paragraphs 1 and this part;
3) other officials of the administration and heads of organizations, the approval of the project with which the head of the district, the manager of the affairs of the administration, or the lawyer of the administration deems necessary;
4) a lawyer of the administration;
5) manager of affairs of the administration.
3. Initiates and organizes the approval of the project by its developer.
Before sending for approval to the draft legal act on amendments, invalidation or repeal of the current legal act in without fail the texts of these legal acts (or extracts from them) are attached.
4. The term for consideration of draft legal acts submitted for approval should not exceed two working days (in exceptional cases - three days). The terms for conducting a legal examination are established by Article 33 of these Regulations.
Responsibility for violation of the terms of approval established by these Regulations is borne by executive who approves the draft legal act.
5. In case of submission of voluminous draft legal acts (with attachments of charters, regulations, instructions, etc.), the period of financial expertise may be extended up to 10 days.
6. If there are comments by the relevant official on the list of approvals, a note is made about the presence of such in writing.
7. The visa of a lawyer of the administration is put after the full approval of the project before transferring it to the manager of the affairs of the administration.
8. The introduction of non-fundamental amendments into the project based on the results of the coordination does not entail re-approval, unless a different decision is made in accordance with the second paragraph of this part. Amendments are made only by the responsible executor of the draft document (in the case provided for in Article 35 of these Regulations - the lawyer of the administration).
The decision to send the project for re-approval, if changes are made to it before being submitted for signing, is entitled to be taken by the lawyer of the administration, or the manager of the affairs of the administration.
9. The obligation to collect visas before submitting the project for approval lies with the project developer.
10. The project rejected by the lawyer of the administration, together with the relevant conclusion, is returned to the head of the structural unit of the administration - the developer of the project.
46. The head of the executing unit submits a draft regulatory legal act for approval, about which a corresponding entry is made at the top on the reverse side last leaf project, which is an approval sheet. The record is signed by the head indicating the decoding of the signature and the date of the signature.
Annexes to the normative legal act are signed by the head of the specified unit.
It is allowed to submit a draft act for approval by a person acting as the head of the unit, or by the deputy head of the unit.
47. If the draft act was prepared by several divisions, then it is submitted jointly by the head of the subdivision - executor and the heads of subdivisions - co-executors.
48. A draft normative legal act must be endorsed by an employee of the Department of Affairs (a division of the State Customs Committee of Russia), authorized to check draft acts for compliance with the rules of the Russian language (hereinafter referred to as the editor).
49. The draft normative legal act is submitted for approval in Legal management only after the editor's visa.
50. Approval of a draft regulatory legal act is formalized by visas of the heads of departments whose competence is affected by the act.
Sighting is carried out in accordance with the established procedure by affixing the signature of the head of the unit on the approval sheet, decoding the signature and the date of the sighting.
After the approval of the draft regulatory legal act by the heads of the relevant departments, the draft act is subject to approval by the head of the Legal Department.
If changes and additions are made to the draft normative legal act during the approval process, the project is subject to re-approval.
It is allowed to endorse draft acts submitted for approval by a person acting as the head of the unit, or by the deputy head of the unit.
51. After the approval of the draft regulatory legal act by the head of the Legal Department, the draft act is endorsed by the deputy chairmen of the State Customs Committee of Russia in charge of the executing unit, subdivisions co-executing, subdivisions whose competence is affected by the act, the deputy chairman of the State Customs Committee of Russia in charge of the Legal Department, as well as the head of the Affairs Department.
52. Refusal to approve a draft regulatory legal act is not allowed.
If there are comments affecting the content of the provisions of the draft regulatory legal act, the head of the subdivision or the deputy chairman of the State Customs Committee of Russia sets out motivated comments on a separate sheet with the mark "Comments attached" or "Against" on the approval sheet with a signature, its transcript and the date of signature.
Editorial comments and proposals may be made according to the text of the draft act.
The remarks of the head of the subdivision, with the consent of the head of the subdivision - executor, are taken into account by making appropriate changes and additions to the draft regulatory legal act.
The remarks of the head of the subdivision with which the head of the subdivision-executor does not agree, the remarks of the deputy chairman of the State Customs Committee of Russia, the substantiated conclusion of the head of the subdivision-executor on the merits of the remarks of the indicated persons are subject to consideration by the first deputy chairman of the State Customs Committee of Russia or the person who is to sign (approve) the act, for adoption the corresponding decision.
53. At the stage of approval of a draft regulatory legal act, the Legal Department checks the draft act for compliance with the legislation of the Russian Federation, as well as the requirements of this Regulation.
If the draft regulatory legal act does not comply with the legislation of the Russian Federation or the requirements of this Regulation, the draft act shall be returned for revision to the executing unit with a written indication of the reasons for the impossibility of coordination.
The head of the Legal Department, when approving a draft act that does not take into account the comments and suggestions of the Legal Department, has the right to mark “Against” on the approval sheet in accordance with the established procedure with a reasoned opinion on the merits of the issue attached to the draft act.
54. Prior to submitting a regulatory legal act for signature (approval) to the chairman of the State Customs Committee of Russia or a person acting as such, the administration of affairs monitors the availability of visas for the heads of departments, deputy chairmen of the State Customs Committee of Russia and other persons specified in the approval sheet.
55. If a draft regulatory legal act is submitted for signature or approval to the Chairman of the State Customs Committee of Russia or a person acting as such, without a visa of the head of the Legal Department on the approval sheet, the act may be sent for legal expertise to the Legal Department in accordance with the instructions of the Chairman of the State Customs Committee of Russia or the person acting, or Deputy Chairman of the State Customs Committee of Russia, in charge of the Legal Department.
The legal department considers the draft normative legal act in accordance with the established procedure.
56. At the approval stage, the responsible officer attaches to the draft regulatory legal act the regulatory legal acts referenced in the draft and other materials used in the preparation of the draft.
57. A regulatory legal act may be issued by the State Customs Committee of Russia jointly with other federal bodies executive power, other bodies (organizations) or in agreement with said authorities(organizations).
58. A draft regulatory legal act of the State Customs Committee of Russia is subject to agreement with other federal executive authorities, other bodies (organizations):
If, in accordance with the legislation of the Russian Federation, the approval of such an act is mandatory;
If such an act contains provisions, norms and instructions affecting the competence of other federal executive bodies, other bodies (organizations);
If such an act introduces changes and additions or cancels acts issued in agreement with other federal executive bodies, other bodies (organizations).
59. Work on the coordination of the draft regulatory legal act of the State Customs Committee of Russia with other federal executive authorities, other bodies (organizations) is organized by the head of the subdivision of the State Customs Committee of Russia (executor) after the approval of the draft act in the State Customs Committee of Russia in accordance with these Regulations.
Approval of a draft regulatory legal act of the State Customs Committee of Russia is issued by the visa of the head or person replacing him, of the relevant federal executive body, other body (organization). The visa includes the name of the position of the relevant person, his signature, the transcript of the signature and the date of approval. The visa is affixed at the bottom of the reverse side of the last page of the original of the normative legal act.
60. In case of issuing a joint regulatory legal act, the State Customs Committee of Russia organizes work on the preparation of a draft of such an act if the State Customs Committee of Russia is the initiator of the development of such an act or is designated first in the regulatory legal act of the Russian Federation or in the instruction of a higher authority.
During the initiative preparation of a draft joint regulatory legal act, the State Customs Committee of Russia coordinates with the interested federal executive authorities, other bodies (organizations) the procedure and terms for preparing the draft.
When preparing a draft joint regulatory legal act, responsible employees of the subdivisions of the State Customs Committee of Russia are guided by the requirements of this Regulation.
In accordance with Decree of the Government of the Russian Federation of August 13, 1997 N 1009 "On approval of the Rules for the preparation of regulatory legal acts of federal executive bodies and their state registration"(Collected Legislation of the Russian Federation, 1997, N 33, Art. 3895; 1997, N 50, Art. 5689; 1999, N 8, Art. 1026; 2006, N 29, Art. 3251) I order:
1. Approve the attached Clarifications on the application of the Rules for the preparation of regulatory legal acts of federal executive bodies and their state registration.
2. Recognize invalid the order of the Ministry of Justice of the Russian Federation dated July 14, 1999 N 217 "On approval of the Explanations on the application of the Rules for the preparation of regulatory legal acts of federal executive bodies and their state registration" (registered by the Ministry of Justice of Russia on July 16, 1999, registration N 1835).
Minister
V. Ustinov
Application
Clarifications on the application of the Rules for the preparation of regulatory legal acts of federal executive bodies and their state registration
These Explanations have been developed in accordance with paragraph 1 of Decree of the Government of the Russian Federation dated August 13, 1997 N 1009 "On approval of the Rules for the preparation of regulatory legal acts of federal executive bodies and their state registration" 1 (hereinafter referred to as the Rules), in order to ensure the protection of the rights, freedoms and legitimate interests citizens, improvement legal regulation and control over the compliance of normative legal acts issued by federal executive authorities and other bodies and organizations with the Constitution of the Russian Federation, federal laws, decrees and orders of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation, international treaties.
I. Preparation of normative legal acts of federal executive bodies
1. Normative legal acts of federal executive bodies are issued on the basis of and in pursuance of federal constitutional laws, federal laws, decrees and orders of the President of the Russian Federation, decisions and orders of the Government of the Russian Federation, as well as on the initiative of federal executive bodies within their competence.
2. When preparing regulatory legal acts, it is recommended to use the resolution State Duma of the Federal Assembly of the Russian Federation of November 11, 1996 N 781-II GD "On applying to Constitutional Court of the Russian Federation", which provides definitions of a regulatory legal act and a legal norm:
"A normative legal act is a written official document adopted (published) in a certain form by a law-making body within its competence and aimed at establishing, changing or repealing legal norms. In turn, a legal norm is usually understood as a generally binding state prescription of a permanent or temporary nature, designed for repeated use.
3. From the date of entry into force of Decree of the Government of the Russian Federation of August 13, 1997 N 1009 "On approval of the Rules for the preparation of regulatory legal acts of federal executive bodies and their state registration" regulatory legal acts of federal executive bodies are issued only in the form of resolutions, orders , orders, rules, instructions and regulations.
Acts issued in a different form (for example, directives, etc.) should not be of a normative legal nature.
In this regard, regulatory legal acts issued in accordance with the first paragraph of clause 2 of the Rules are subject to state registration. In accordance with Article 7 of Federal Law No. 86-FZ of July 10, 2002 "On the Central Bank of the Russian Federation (Bank of Russia)" 2, the Bank of Russia issues regulations in the form of guidelines, regulations and instructions. The rules for preparing Bank of Russia regulations are established by the Bank of Russia independently.
The publication of normative legal acts in the form of letters and telegrams is not allowed.
Structural divisions and territorial bodies federal executive bodies are not entitled to issue regulatory legal acts.
4. A normative legal act may be issued jointly by several federal executive bodies, other bodies (organizations) or one of them in agreement with others.
A normative legal act is considered jointly issued if it is signed (approved) by the heads (persons acting as heads) of several federal executive bodies and other bodies (organizations).
If, in accordance with the legislation of the Russian Federation, the approval of a regulatory legal act is mandatory, and also if it contains provisions, norms and instructions relating to other federal executive bodies, other bodies and organizations, the draft regulatory legal act is subject to approval, which is issued by visas of managers or deputy heads of the relevant federal executive bodies, other bodies and organizations.
Draft regulatory legal acts of federal services or federal agencies, which are under the jurisdiction of the federal ministry and endowed with appropriate powers, are subject to agreement with the relevant federal ministry 3 .
Draft normative legal acts affecting the social and labor rights of workers are considered and adopted by the executive authorities, taking into account the opinion of the relevant trade unions 4 .
5. The structure of a normative legal act should ensure the logical development of the topic of legal regulation.
If an explanation of the goals and motives for the adoption of a normative legal act is required, then the draft contains an introductory part - a preamble. Normative provisions are not included in the preamble.
Normative instructions are drawn up in the form of paragraphs, which are numbered in Arabic numerals with a dot and do not have headings.
Clauses may be subdivided into subclauses, which may be numbered alphabetically or numerically.
Normative legal acts of significant volume may be divided into chapters, which are numbered in Roman numerals and have headings (clause 6 of the Rules).
6. If necessary, for completeness of the presentation of the issue in regulatory legal acts, separate provisions acts of the legislation of the Russian Federation, which must have links to these acts and to the official source of their publication ("Rossiyskaya Gazeta", Collection of Legislation of the Russian Federation, Collection of Acts of the President and Government of the Russian Federation, Vedomosti of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, etc. .). In case of reference to acts of the legislation of the Russian Federation without reproducing their individual provisions, an indication of the official source of publication is also necessary.
In case of reproduction in a normative legal act of certain provisions of other normative legal acts of federal executive bodies subject to state registration, or a reference to them, it is necessary to indicate their name, the full name of the federal executive body that issued (adopted) the act, the date of publication (adopting), number, as well as the registration number assigned to them by the Ministry of Justice of the Russian Federation during state registration, and the date of state registration.
In case of reproduction in a normative legal act of certain provisions of acts of federal executive bodies recognized as not requiring state registration (not requiring state registration), or references to them, it is necessary to indicate their name, the full name of the federal executive body that issued (adopted) the act, the date of publication (acceptance), number, as well as the date and number of the letter of the Ministry of Justice of the Russian Federation, which recognized the act as not requiring state registration (not requiring state registration).
A reference to an act that does not need state registration (does not require state registration), which has not previously been sent for state registration, is possible if it is simultaneously sent to the Ministry of Justice of the Russian Federation.
A reference in an act received for state registration to a normative legal act of a federal executive body, another body (organization) that has not passed state registration is not allowed.
7. If tables, graphs, maps, diagrams are provided in a normative legal act, then, as a rule, they should be drawn up in the form of applications, and the relevant paragraphs of the act should have links to these applications. The application indicates which document it is approved by.
8. Simultaneously with the development of a draft normative legal act, proposals should be prepared to amend and supplement or invalidate the relevant previously issued acts or parts thereof.
In case of recognition federal body of the executive branch as invalidated a normative legal act registered with the Ministry of Justice of the Russian Federation, the relevant document on declaring invalidated must be submitted for state registration in in due course.
Normative legal acts issued jointly or in agreement with other federal executive authorities are changed, supplemented or recognized as invalid jointly or in agreement with these federal executive authorities.
Provisions on amending, supplementing or recognizing as invalid previously issued acts or parts thereof are included in the text of a normative legal act (with an indication of the chapters, paragraphs, subparagraphs and paragraphs to be canceled) or are drawn up as an annex to the act.
If it is necessary to make changes and additions to several normative legal acts registered with the Ministry of Justice of the Russian Federation, it is recommended that changes and additions to each act be drawn up as a separate document.
Changes and additions made to a normative legal act are formalized by a normative legal act of the same type in which the main document was issued, with the exception of cases when the act was issued in a form not provided for in paragraph 2 of the Rules. In this case, it is necessary to amend the normative legal act by order.
9. If, during the preparation of a normative legal act, the need to introduce significant changes and additions to previously issued normative legal acts or the existence of several acts on the same issue was revealed, as well as if the act was repeatedly amended that makes it difficult to read and apply the normative legal act , then in order to streamline a new single act is being developed. The draft of such an act includes new regulations, as well as those contained in previously issued acts.
If it is necessary to make changes and additions to a normative legal act issued before the introduction of state registration, if it contains the features specified in paragraph 12 of these Clarifications, a single new act is developed.
10. Before signing (approving) a prepared draft normative legal act must be checked for compliance with the legislation of the Russian Federation, as well as the rules of the Russian language, and endorsed by the head of the legal service of the federal executive body.
Normative legal acts are signed (approved) by the head of the federal executive body or by a person acting in his capacity.
The assignment of the performance of the duties of the head of the federal executive body in the event of his temporary incapacity for work, leave or absence for any other reason must be provided for by an administrative document signed (approved) by the head of the federal executive body.
The signed (approved) normative legal act must have the following details:
the name of the body (bodies) that issued the act;
name of the type of act and its name;
date of signing (approval) of the act and its number;
the name of the position and the surname of the person who signed the act (clause 9 of the Rules).
A normative legal act issued jointly with other federal executive bodies must have the appropriate numbers and a single date.
II. State registration of normative legal acts
11. Regulatory legal acts are sent for state registration:
a) federal executive authorities ( federal ministries, federal services, federal agencies);
b) other bodies and organizations whose regulatory legal acts, in accordance with the legislation of the Russian Federation, are subject to state registration with the Ministry of Justice of the Russian Federation ( central bank Russian Federation, Pension Fund Russian Federation, Federal Fund for Mandatory health insurance, Social Insurance Fund of the Russian Federation).
12. Regulatory legal acts are subject to state registration:
Civil, political, socio-economic and other rights, freedoms and obligations of citizens of the Russian Federation, foreign citizens and stateless persons;
Guarantees for their implementation, enshrined in the Constitution of the Russian Federation and other legislative acts Russian Federation;
The mechanism for the implementation of rights, freedoms and obligations;
b) establishing legal status organizations - standard, exemplary provisions (charters) on bodies (for example, territorial), organizations subordinate to the relevant federal executive bodies, as well as establishing the legal status of organizations that perform certain most important state functions in accordance with the legislation of the Russian Federation;
c) having an interdepartmental character, that is, containing legal regulations binding on other federal executive bodies and (or) organizations that are not part of the system of the federal executive body that approved (two or more federal executive bodies that jointly approved) a normative legal act.
At the same time, normative legal acts that have one of the above features or several are sent for state registration.
Regulatory legal acts are subject to state registration, regardless of the period of their validity (permanent, temporary (adopted for a certain period), including acts containing information constituting state secret or confidential information.
13. The federal executive authorities, other bodies and organizations send the signed (approved) regulatory legal acts mentioned in paragraph 12 of these Clarifications for state registration.
In case of doubts regarding the compliance of the said acts with the criteria listed in paragraph 12 of these Clarifications, such acts shall also be sent for state registration to the Ministry of Justice of the Russian Federation. The final decision on the need for state registration is made by the Ministry of Justice of the Russian Federation after a legal examination.
normative legal acts affecting the rights, freedoms and duties of a person and a citizen or having an interdepartmental nature, adopted by the federal executive authorities after May 14, 1992;
normative legal acts establishing the legal status of organizations, adopted since June 4, 1996 5 ;
regulations of the Central Bank of the Russian Federation, directly affecting the rights, freedoms or obligations of citizens, adopted since May 4, 1995 6 ;
all regulatory acts of the Bank of Russia, with the exceptions provided for by Federal Law No. 86-FZ of July 10, 2002 "On the Central Bank of the Russian Federation (Bank of Russia)" - from the moment this Federal Law enters into force.
Regulatory legal acts issued before the entry into force of Decree of the Government of the Russian Federation of August 13, 1997 N 1009 "On approval of the Rules for the preparation of regulatory legal acts of federal executive bodies and their state registration", which do not correspond to the list of types of regulatory legal acts specified in Rules, prior to their submission for state registration are subject to re-signing (re-approval).
15. Not subject to submission for state registration:
a) individual legal acts;
Personal nature (appointment or dismissal, promotion or penalty, etc.);
The action of which is limited to a single application;
which have expired;
Operational and administrative nature (one-time orders);
b) acts by which decisions of higher government agencies brought to the attention of bodies and organizations of the system of the federal executive body;
c) acts aimed at organizing the execution of decisions higher authorities or own decisions of federal executive authorities and do not contain new legal norms;
d) technical acts (GOSTs, SNiPs, tariff-qualification guides, forms of statistical observation, etc.), if they do not contain regulatory requirements:
f) in accordance with Article 7 of Federal Law No. 86-FZ of July 10, 2002 "On the Central Bank of the Russian Federation (Bank of Russia)", Bank of Russia regulations establishing:
foreign exchange rates against the ruble;
change in interest rates;
the amount of reserve requirements;
the size of the mandatory standards for credit organizations and banking groups;
direct quantitative restrictions;
regulations accounting and reporting to the Bank of Russia;
the procedure for ensuring the functioning of the Bank of Russia system.
16. Regulatory legal acts subject to state registration shall be submitted to the Ministry of Justice of the Russian Federation no later than 10 days from the date of their signing (approval).
Submission for state registration of a normative legal act issued jointly by several federal executive bodies is entrusted to the federal executive body, which is listed first among those who signed (approved) the act.
If a normative legal act is approved jointly by the federal executive authorities and bodies (organizations), the acts of which are not subject to state registration with the Ministry of Justice of the Russian Federation, and these bodies (organizations) are listed first, the normative legal act is submitted for state registration by the federal executive body. authorities following the indicated bodies (organizations).
17. Regulatory legal acts are sent for state registration to the Ministry of Justice of the Russian Federation by the head (deputy head) of the federal executive body in 6 copies (original and 5 copies, one of which can be presented on a magnetic medium). Normative legal acts containing information constituting a state secret or information of a confidential nature are submitted in 2 copies (original and 1 copy).
If the normative legal act is signed (approved) by a person acting as the head of the federal executive body, another body (organization), a copy administrative document on the assignment of relevant duties is attached to the regulatory legal act.
Copies of normative legal acts must be certified in the prescribed manner, as well as legible, the text must be placed on the sheet without circulation and without scale reduction.
The visa of the head of the legal service of the federal executive body is affixed on the back of each sheet of the original normative legal act.
18. A certificate (in one copy) is attached to the normative legal act, which is signed by the head of the legal service of the federal executive body, other body (organization) submitting the normative legal act for registration.
A certificate attached to a normative legal act signed (approved) by the heads of several federal executive bodies, other bodies (organizations), is signed by the heads of legal services of all federal executive bodies, other bodies (organizations).
The help reflects:
a) grounds for issuing a normative legal act:
Information about the acts of the legislation of the Russian Federation (name, date, number, official source of publication, numbers of articles, paragraphs) by which the federal executive body (federal bodies) is instructed to develop a regulatory legal act, as well as the number and date of the instruction of the President of the Russian Federation or the Government of the Russian Federation Federation (a copy of the order is attached to the certificate);
Information about acts of the legislation of the Russian Federation (name, date, number, official source of publication, numbers of articles, paragraphs) that determine the competence of the federal executive body, other body (organization) in the event that a regulatory legal act is issued at the initiative of the federal executive body, other body (organizations);
b) information about all current regulatory legal acts issued by the federal executive body (federal executive bodies), other body (organization) according to this issue, including those registered with the Ministry of Justice of the Russian Federation, indicating the registration numbers and the date of registration, and information on the timing of their harmonization with adopted act. If there is no need to change the current acts information about this should also be reflected in the certificate;
c) information on the approval of a normative legal act with interested federal executive bodies, other bodies (organizations), if such approval is mandatory;
d) a list of acts of the legislation of the Russian Federation used in the development of a regulatory legal act (name, date, number, official source of publication, numbers of articles, paragraphs).
If the normative legal act contains references to acts of federal executive bodies, other bodies (organizations) that do not need state registration, the certificate shall indicate the number and date of the letter of the Ministry of Justice of the Russian Federation, which recognized the act as not requiring state registration.
In the cover letter or in the certificate, it is necessary to indicate the telephone number and surname of the specialist and head of the structural unit of the federal executive body responsible for the state registration of the act with the Ministry of Justice of the Russian Federation.
If the normative legal act is sent for state registration again, and also if it is issued instead of the act, the registration of which was refused, the certificate must indicate the date and number of the letter from the Ministry of Justice of the Russian Federation on the refusal of state registration or the return of the normative legal act without state registration.
19. If it becomes necessary to change the legal regulation of issues resolved in the regulatory legal acts of the former ministries, departments of the USSR, such a change should be formalized by adopting a new regulatory legal act indicating in it that certain provisions or the entire act of the former ministries, departments of the USSR on the territory of the Russian Federations do not apply.
20. State registration of regulatory legal acts is carried out by the Ministry of Justice of the Russian Federation within 15 working days from the date of receipt of the act.
If necessary, the registration period may be extended by the Ministry of Justice of the Russian Federation, but not more than 10 working days, and in exceptional cases - up to one month.
21. The originals of normative legal acts, the state registration of which is refused, after putting on them the appropriate stamp, are returned by the Ministry of Justice of the Russian Federation to the federal executive body that issued them, another body (organization) with a written indication of the reasons for the refusal.
Within 10 days from the date of receipt of a denial of state registration, the head of the federal executive body or a person acting as such shall issue an appropriate document on the repeal of the regulatory legal act, the registration of which has been refused, and send a copy of it to the Ministry of Justice of the Russian Federation. This document should not contain legal norms and need state registration.
In the cover letter with which the document on the abolition of the normative legal act is sent, it is necessary to indicate the date and number of the letter of the Ministry of Justice of the Russian Federation on the refusal of state registration.
22. A normative legal act may be returned by the Ministry of Justice of the Russian Federation without registration to the federal executive body that submitted this act for state registration, at its request. In this case, the federal executive body sends to the Ministry of Justice of the Russian Federation an appropriate letter signed by the head or deputy head of the federal executive body.
A normative legal act may also be returned by the Ministry of Justice of the Russian Federation to a federal executive body without registration if the established procedure for submitting an act for state registration or the Rules for the preparation of normative legal acts of federal executive bodies and their state registration, approved by a decree of the Government of the Russian Federation of August 13, are violated 1997 N 1009. In this case, the Ministry of Justice of the Russian Federation returns the normative legal act indicating in writing specific reasons.
In the event of a return of a normative legal act without registration, one copy of it remains with the Ministry of Justice of the Russian Federation.
A normative legal act must be re-submitted for state registration within a month, or a copy of the document on the abolition of a normative legal act must be sent to the Ministry of Justice of the Russian Federation. This document should not contain legal norms and need state registration.
In the cover letter with which the document on the abolition of the normative legal act is sent, it is necessary to indicate the date and number of the letter from the Ministry of Justice of the Russian Federation on the return without state registration.
23. In the event that an act submitted for state registration, as a result of a legal examination, is recognized by the Ministry of Justice of the Russian Federation as not requiring state registration (not requiring state registration), such an act is returned to the federal executive body that submitted it for state registration, indicating ( in writing) grounds for making this decision and affixing the appropriate stamp on the original act. At the same time, one copy of the act remains with the Ministry of Justice of the Russian Federation. If changes are made to such an act, it is subject to submission to the Ministry of Justice of the Russian Federation for legal expertise.
24. When making a decision on state registration, a normative legal act is entered into State Register normative legal acts of federal executive bodies with the assignment to him registration number.
The original of a normative legal act is issued to an employee of the federal executive body against signature after he is assigned a registration number, entered in the State Register of normative legal acts of federal executive bodies and affixed the appropriate stamp. If within a day after state registration the act is not received, it can be sent by the Ministry of Justice of the Russian Federation by mail to the federal executive body that submitted the act for state registration.
25. Normative legal acts affecting the rights, freedoms and duties of a person and a citizen, establishing the legal status of organizations or having an interdepartmental character, are subject to official publication in accordance with the established procedure, except for acts or their individual provisions containing information constituting a state secret or information of a confidential nature.
Copies of acts subject to official publication within a day after state registration are sent by the Ministry of Justice of the Russian Federation to "Rossiyskaya Gazeta", to the Bulletin of normative acts of federal executive authorities of the publishing house "Legal Literature" of the Administration of the President of the Russian Federation, to the scientific and technical center legal information Sistema and the Institute of Legislation and comparative law under the Government of the Russian Federation.
In exceptional cases, applications to normative legal acts, containing tables, graphs, maps, diagrams (of an auxiliary or additional nature), upon agreement of the federal executive body, other body (organization) with the Ministry of Justice of the Russian Federation, may not be published, but with a mandatory indication in the press which application is not given.
An act recognized by the Ministry of Justice of the Russian Federation as not requiring state registration is subject to publication in the manner determined by the federal executive body that approved the act. At the same time, the procedure for the entry into force of this act is also determined by the federal executive body that issued the act.
After the publication of an act recognized as not requiring state registration, the federal executive body informs the Ministry of Justice of the Russian Federation about the source of publication (name of the publication, its number and date). One copy of this publication is sent to the Ministry of Justice of the Russian Federation.
26. Changes and additions to normative legal acts that have passed state registration (regardless of whether they contain legal norms or not), as well as acts on recognizing registered normative legal acts as invalid (cancellation) are subject to registration in the manner established by the Rules.
27. Federal executive authorities send for execution normative legal acts subject to state registration only after their registration and official publication.
In accordance with the Decree of the President of the Russian Federation of May 23, 1996 N 763 "On the procedure for the publication and entry into force of acts of the President of the Russian Federation, the Government of the Russian Federation and regulatory legal acts of federal executive authorities", regulatory legal acts of federal executive authorities, except for acts and their individual provisions containing information constituting a state secret, or information of a confidential nature that has not passed state registration, as well as registered, but not published in the prescribed manner, do not entail legal consequences, as not having entered into force, and cannot serve as a basis for regulating the relevant legal relations, imposing sanctions on citizens, officials and organizations for failure to comply with the instructions contained therein. On the said acts cannot be invoked in dispute resolution.
28. In accordance with subparagraph 11 of paragraph 8 of the Regulations on the Ministry of Justice of the Russian Federation, approved by Decree of the President of the Russian Federation of October 13, 2004 N 1313 7 , the Ministry of Justice of the Russian Federation, in order to exercise its powers, has the right to send, in the manner established by the Government of the Russian Federation, federal to the executive authorities and other bodies, a submission on the abolition or amendment of the normative legal acts adopted by them that are contrary to the Constitution of the Russian Federation and the legislation of the Russian Federation.
The Ministry of Justice of the Russian Federation applies the procedure for sending a submission on the cancellation or amendment contrary to the constitution of the Russian Federation and the legislation of the Russian Federation of a regulatory legal act established for federal executive bodies to relations arising in connection with the issuance of such an act by a body whose state register of acts is maintained by the Ministry of Justice of the Russian Federation (paragraph 3 of the Decree of the Government of the Russian Federation of July 7, 2006 No. N 418 "On some measures to implement the Decree of the President of the Russian Federation of October 13, 2004 N 1313 "Issues of the Ministry of Justice of the Russian Federation").
In accordance with paragraph 4.1. Decree of the Government of the Russian Federation of August 13, 1997 N 1009 "On Approval of the Rules for the Preparation of Normative Legal Acts of Federal Executive Bodies and Their State Registration" a submission on the abolition or amendment of a regulatory legal act adopted by the federal executive body that is contrary to the Constitution of the Russian Federation and the legislation of the Russian Federation, is sent by the Ministry of Justice of the Russian Federation to the federal executive body and executed by the federal executive body within one month from the date of receipt.
In case of non-execution of the submission, the Ministry of Justice of the Russian Federation shall submit to the Government of the Russian Federation a proposal to cancel or suspend the operation of such an act, together with a justification reflecting the positions of the Ministry of Justice of the Russian Federation and the federal executive body that issued the act, and a draft of the corresponding order of the Government of the Russian Federation.
In accordance with Article 12 of Federal Constitutional Law No. 2-FKZ of December 17, 1997 "On the Government of the Russian Federation," the Government of the Russian Federation has the right to cancel acts of federal executive bodies or suspend the operation of these acts 8 .
1 Collection of Legislation of the Russian Federation, 1997, N 3, Art. 3895; 1997, No. 50, Art. 5689; 1998, N 47, Art. 5771; 1999, No. 8, Art. 1026; 2002, No. 40, Art. 3929; 2006, N 29, Art. 3251.
2 Collection of Legislation of the Russian Federation, 2002, N 28, Art. 279; 2003, N 2, Art. 157; 2003, N 52 (1 hour), art. 5032; 2003, N 52 (part 1), Art. 5029; 2003, N 52 (part 1), Art. 5038; 2004, N 27, Art. 2711; 2004, N 31, Art. 3233; 2004, N 52 (part 1), Art. 5277; 2005, N 25, Art. 2426; 2005, N 30 (part 1), Art. 3101; 2006, N 19, Art. 2061; 2006, N 25, Art. 2628.
3 Clause 5.6. model regulation internal organization federal executive bodies, approved by Decree of the Government of the Russian Federation of July 28, 2005 N 452 (Collected Legislation of the Russian Federation, 2005, N 31, Art. 3233).
4 Article 11 of Federal Law No. 10-FZ of January 12, 1996 "On trade unions, their rights and guarantees of activity" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 1996, No. 3, art. 148).
5 From the date of entry into force of the Decree of the President of the Russian Federation of May 23, 1996 N 763 "On the procedure for the publication and entry into force of acts of the President of the Russian Federation, the Government of the Russian Federation and regulatory legal acts of federal executive bodies" (Collected Legislation of the Russian Federation, 1996 , N 22, item 2663).
6 From the date of entry into force of the Federal Law of April 26, 1995 N 65-FZ "On the Introduction of Amendments and Additions to the Law of the RSFSR "On the Central Bank of the RSFSR (Bank of Russia)" (" Russian newspaper"dated May 4, 1995 N 86).
7 Collection of Legislation of the Russian Federation, 2004, N 42, Art. 4108; 2005, N 44, Art. 4535; 2005, N 52 (3 hours), Art. 5690; 2006, N 12, Art. 1284; 2006, N 19, Art. 2070; 2006, N 23, Art. 2452.
8 Collection of Legislation of the Russian Federation, 1997, N 51, Art. 5712.
dated 29.07.2011 N 633, dated 22.12.2011 N 1104,
dated 04/25/2012 N 394, dated 06/25/2012 N 629,
dated 06.09.2012 N 890, dated 29.11.2012 N 1235,
dated December 18, 2012 N 1334)
In order to further improve the work on the preparation of normative legal acts of federal executive bodies and their state registration, the Government of the Russian Federation decides: 1. To approve the attached Rules for the preparation of normative legal acts of federal executive bodies and their state registration. Establish that the Ministry of Justice of the Russian Federation gives clarifications on the application of these Rules.
2. Federal executive authorities:
ensure the timely adoption of normative legal acts in pursuance of federal constitutional laws, federal laws, decrees and orders of the President of the Russian Federation, decisions and orders of the Government of the Russian Federation;
within 10 days, send to the Ministry of Justice of the Russian Federation the regulatory legal acts requested in accordance with paragraph 4 of this Resolution;
submit monthly lists of issued legal acts to the Ministry of Justice of the Russian Federation;
(the paragraph was introduced by Decree of the Government of the Russian Federation of February 11, 1999 N 154)
exclude cases of sending for execution of regulatory legal acts that have not passed state registration and have not been published in the prescribed manner;
implement measures to strengthen the legal services and improve the efficiency of their activities;
to bring within a month its normative legal acts in accordance with this Decree.
Establish that the heads of federal executive bodies bear personal responsibility for non-compliance with the Rules for the preparation of regulatory legal acts of federal executive bodies and their state registration.
3. To the Ministry of Justice of the Russian Federation:
summarize the practice of state registration of normative legal acts of federal executive bodies affecting the rights, freedoms and duties of a person and a citizen, establishing the legal status of organizations or having an interdepartmental character, and annually submit relevant information to the Government of the Russian Federation, including on normative legal acts, in the state registration of which is denied;
submit proposals on the rules for codifying normative legal acts of federal executive bodies within 2 months.
4. The Ministry of Justice of the Russian Federation has the right:
carry out in the federal executive authorities the verification of work on the selection of regulatory
legal acts subject to state registration, and, if necessary, request regulatory legal acts for state registration;
transfer information about regulatory legal acts applied without state registration, as well as about acts recognized Supreme Court Russian Federation or Higher Arbitration Court of the Russian Federation that do not comply with the law, to the mass media;
(the paragraph was introduced by Decree of the Government of the Russian Federation of 11.02.1999 N 154, as amended by Decree of the Government of the Russian Federation of 07.07.2006 N 418)
engage, if necessary, highly qualified specialists and scientists as freelance experts to prepare opinions on regulatory legal acts of federal executive bodies submitted for state registration.
Compensation for the work of freelance experts is made at the expense of the federal budget provided for by the Ministry of Justice of the Russian Federation.
4.1. A proposal to cancel or amend a regulatory legal act adopted by a federal executive body that is contrary to the Constitution of the Russian Federation and the legislation of the Russian Federation shall be sent by the Ministry of Justice of the Russian Federation to the federal executive body and executed by the federal executive body within one month from the date of receipt.
In case of non-execution of the submission, the Ministry of Justice of the Russian Federation shall submit to the Government of the Russian Federation a proposal to cancel or suspend the operation of such an act, together with a rationale reflecting the positions of the Ministry of Justice of the Russian Federation and the federal executive body that issued the act, and a draft of the corresponding order of the Government of the Russian Federation.
(clause 4.1 was introduced by Decree of the Government of the Russian Federation of 07.07.2006 N 418)
4(2). A submission to cancel or amend a regulatory legal act adopted by the federal executive body or its individual provisions that unreasonably impede the conduct of business and investment activities is sent by the Ministry of Justice of the Russian Federation to the federal executive body within 2 weeks from the date of receipt of the proposal of the Ministry of Economic Development of the Russian Federation prepared on the basis of the results of an examination of normative legal acts of federal executive bodies in order to identify provisions in them that unreasonably impede the conduct of entrepreneurial and investment activities. The submission is executed by the federal executive body within the period specified in such a submission and determined by the Ministry of Justice of the Russian Federation on the basis of a proposal from the Ministry of Economic Development of the Russian Federation.
In case of non-execution of the submission, the Ministry of Justice of the Russian Federation shall submit to the Government of the Russian Federation a proposal to cancel such an act or its individual provisions, together with a justification reflecting the positions of the Ministry of Economic Development of the Russian Federation and the federal executive body that issued the act, and a draft of the corresponding order of the Government of the Russian Federation.
(Clause 4(2) was introduced by Decree of the Government of the Russian Federation of July 29, 2011 N 633)
5. Recognize as invalid:
Decree of the Government of the Russian Federation of May 8, 1992 N 305 "On state registration of departmental normative acts";
Decree of the Council of Ministers - Government of the Russian Federation of July 23, 1993 N 722 "On approval of the Rules for the preparation of departmental normative acts" (Collection of acts of the President and Government of the Russian Federation, 1993, N 31, art. 2857).
RULES FOR THE PREPARATION OF NORMATIVE LEGAL ACTS OF FEDERAL EXECUTIVE AUTHORITIES
AND THEIR STATE REGISTRATION
(as amended by Decrees of the Government of the Russian Federation of December 11, 1997 N 1538,
dated 06.11.1998 N 1304, dated 11.02.1999 N 154,
dated 30.09.2002 N 715, dated 07.07.2006 N 418,
dated 29.12.2008 N 1048, dated 17.03.2009 N 242,
dated 20.02.2010 N 72, dated 15.05.2010 N 336,
dated 21.02.2011 N 94, dated 07.07.2011 N 546,
dated December 22, 2011 N 1104, dated April 25, 2012 N 394,
dated 06/25/2012 N 629, dated 09/06/2012 N 890,
dated November 29, 2012 N 1235, dated December 18, 2012 N 1334)
I. Preparation of normative legal acts of federal executive bodies
1. Regulatory legal acts of federal executive bodies (hereinafter referred to as regulatory legal acts) are issued on the basis of and in pursuance of federal constitutional laws, federal laws, decrees and orders of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation, as well as on the initiative of federal bodies executive power within their competence.
(as amended by Decree of the Government of the Russian Federation of 07.07.2006 N 418)
2. Normative legal acts are issued by federal executive bodies in the form of resolutions, orders, orders, rules, instructions and regulations.
The publication of normative legal acts in the form of letters and telegrams is not allowed.
Structural subdivisions and territorial bodies of federal executive bodies are not entitled to issue regulatory legal acts.
3. A normative legal act may be issued jointly by several federal executive bodies or by one of them in agreement with others.
A draft normative legal act and a normative legal act are created on paper or in the form of electronic documents (with the exception of cases when the draft normative legal act and the normative legal act contain information constituting a state secret).
A draft regulatory legal act is subject to approval by the interested federal executive authorities if such approval is mandatory in accordance with the legislation of the Russian Federation, and also if the draft regulatory legal act contains provisions of cross-sectoral significance or provides for joint activities of federal executive authorities.
A draft regulatory legal act that affects the revenues or expenditures of the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets and the budgets of state off-budget funds, is subject to submission to the Ministry of Finance of the Russian Federation for a conclusion, which assesses the financial consequences of the adoption of relevant decisions for these budgets and off-budget funds.
In cases established by Decree of the Government of the Russian Federation of September 1, 2012 N 877 "On approval of the composition of regulatory legal acts and other documents, including program documents, developed by federal executive bodies that cannot be adopted without prior discussion at meetings of public councils under these federal executive bodies", the draft normative legal act is subject to obligatory preliminary discussion at meetings of public councils under the federal executive bodies (if there are such councils).
The draft regulatory legal act of the federal executive body, which regulates relations in the field of insurance business, is subject to agreement with the Ministry of Finance of the Russian Federation.
(the paragraph was introduced by Decree of the Government of the Russian Federation of 07.07.2011 N 546)
The draft regulatory legal act establishing fire safety requirements is subject to approval by the Ministry of the Russian Federation for civil defense, emergencies and elimination of consequences of natural disasters.
(the paragraph was introduced by Decree of the Government of the Russian Federation of December 22, 2011 N 1104)
Draft regulatory legal acts and regulatory documents of federal executive authorities that provide for measures for the use of information and communication technologies, the creation, development, modernization, operation of information systems and information and communication infrastructure (hereinafter referred to as informatization measures) shall be sent to the Ministry of Communications and Mass Media Communications of the Russian Federation for a conclusion, which assesses the feasibility of carrying out measures for informatization and (or) their financing. A financial and economic and (or) feasibility study containing the necessary calculations, justifications, a description of the expected final results of informatization measures is attached to the draft act, sent for a conclusion on the assessment of the feasibility of carrying out informatization measures and (or) their financing.
(the paragraph was introduced by Decree of the Government of the Russian Federation of April 25, 2012 N 394)
Draft regulatory legal acts and regulatory documents of federal executive bodies that regulate relations in the field of organization and implementation state control(supervision), in the field of establishment, application and execution mandatory requirements to products or related processes of design (including surveys), production, construction, installation, adjustment, operation, storage, transportation, sale and disposal, to the performance of work and the provision of services, in the field of conformity assessment and in the field of safety of production processes, are subject to referral to the Ministry of Economic Development of the Russian Federation for a conclusion on the regulatory impact assessment. This conclusion assesses the regulatory impact of the relevant decisions in order to identify provisions that impose excessive administrative and other restrictions and obligations for subjects of entrepreneurial and other activities or facilitate their introduction, as well as provisions that contribute to the emergence of unreasonable costs of subjects of entrepreneurial and other activities and budgets of all levels budget system Russian Federation. An explanatory note containing the necessary calculations, justifications and forecasts of the socio-economic, financial and other consequences of the implementation of the proposed solutions, in the form established by the Ministry of Economic Development of the Russian Federation, is attached to the draft act sent for the conclusion on the regulatory impact assessment.
(as amended by Decree of the Government of the Russian Federation of February 21, 2011 N 94)
A draft normative legal act, created on paper, is personally endorsed by the head of the federal executive body or his deputy, and created in the form electronic document, - by the specified head (his deputy) using enhanced qualified electronic signature, is sent for approval and for obtaining an opinion in the cases established by this paragraph.
(the paragraph was introduced by Decree of the Government of the Russian Federation of 09/06/2012 N 890)
The approval of a draft regulatory legal act or the preparation of the conclusions provided for by this paragraph shall be carried out by the federal executive body in accordance with the established scope of its activities within 30 days from the date of receipt of the draft of such an act or conclusion.
If, after the expiration of the specified period, the federal executive body fails to submit a document confirming the approval of the draft regulatory legal act or containing comments on this draft, or a conclusion on the regulatory impact assessment, the draft regulatory legal act or normative document federal executive body is considered agreed.
If the federal executive body submits comments and objections that go beyond the established scope of activity of the federal executive body that submitted them, such comments and objections may not be taken into account by the federal executive body that developed the draft normative legal act.
Approval of a draft regulatory legal act is formalized by visas. A visa on a draft normative legal act created on paper includes the name of the position of the head of the federal executive body or his deputy, the signature of the approver, a transcript of the signature and the date, and on a draft normative legal act created in the form of an electronic document - the name position of the specified head (his deputy) and an enhanced qualified electronic signature of the approver.
Visas are affixed at the bottom of the reverse side of the last sheet of the original of the normative legal act, created on paper.
(as amended by Decree of the Government of the Russian Federation of 09/06/2012 N 890)
If there are objections, the draft normative legal act is endorsed with comments, which are drawn up on the letterhead of the federal executive body, signed by the relevant head (his deputy) and attached to the specified draft (its copy) or created in the form of an electronic document and signed by the head (his deputy) with using an enhanced qualified electronic signature.
(as amended by Decree of the Government of the Russian Federation of 09/06/2012 N 890)
If there are disagreements on a draft normative legal act, the federal executive body that develops it must ensure that the said draft is discussed with the interested federal executive bodies in order to find a mutually acceptable solution. If in the conclusion on the assessment of the regulatory impact on the draft regulatory legal act or the draft regulatory document of the federal executive body it is concluded that there are excessive restrictions and (or) obligations of subjects of entrepreneurial and other activities or the presence of unreasonable expenses of subjects of entrepreneurial and other activities and the budgets of all levels of the budgetary system of the Russian Federation, the federal executive body holds a conciliation meeting with the Ministry of Economic Development of the Russian Federation. If in the conclusion of the Ministry of Communications and mass communications The Russian Federation on the draft regulatory legal act or the draft regulatory document of the federal executive body concluded that it is inappropriate to carry out measures for informatization and (or) their financing, the federal executive body holds a conciliation meeting with the Ministry of Telecom and Mass Communications of the Russian Federation. If no agreement is reached, the federal executive authorities draw up minutes of conciliation meetings, which are signed by the relevant heads of the federal executive authorities or, at the direction of the heads, by their deputies who have disagreements. The protocols created in the form of electronic documents are signed by the indicated heads (their deputies) using an enhanced qualified electronic signature.
(as amended by Decrees of the Government of the Russian Federation of 21.02.2011 N 94, of 25.04.2012 N 394, of 06.09.2012 N 890)
A draft regulatory legal act on which there are disagreements that have not been resolved as a result of the conciliation meetings held may be signed (approved) by the head of the relevant federal executive body and sent for state registration to the Ministry of Justice of the Russian Federation.
In the event that the head of the federal executive body decides to sign (approve) a draft regulatory legal act or a regulatory document of the federal executive body, according to which a conclusion is given on the assessment of the regulatory impact and (or) a negative conclusion on the assessment of the feasibility of carrying out informatization measures and ( or) their financing and there are disagreements that have not been settled as a result of the conciliation meetings held, this federal executive body notifies the federal executive body, the comments of which were not taken into account during the conciliation meetings.
If the head of the federal executive body decides to sign (approve) a draft normative legal act or a normative document of the federal executive body, on which there are disagreements that have not been resolved as a result of the conciliation meetings held, the head of the federal executive body, whose comments were not taken into account during conciliation meetings, has the right to send to the Deputy Chairman of the Government of the Russian Federation (in accordance with the distribution
responsibilities), and according to the draft regulatory legal act or regulatory document of the federal executive body, according to which a conclusion was given on the assessment of regulatory impact, to the Government Commission for Administrative Reform and on the draft regulatory legal act or regulatory document of the federal executive body, according to which a negative conclusion was given on the assessment of the feasibility of informatization activities and (or) their financing, - to the Government Commission for the implementation information technologies in the activities of state bodies and bodies local government materials of disagreements, a draft normative legal act or a draft normative document of the federal executive body on which there are unresolved disagreements, and minutes of conciliation meetings for consideration with the participation of heads of federal executive bodies having disagreements, and adoption of an appropriate decision in relation to these disagreements.
(As amended by Decree of the Government of the Russian Federation of April 25, 2012 N 394)
The Deputy Chairman of the Government of the Russian Federation (in accordance with the distribution of duties) may instruct the Ministry of Justice of the Russian Federation to suspend the registration of the act until an appropriate decision is made.
Consideration of disagreements may be held at a meeting of the relevant governmental coordinating or advisory body.
If, in accordance with the decision of the Deputy Chairman of the Government of the Russian Federation (in accordance with the distribution of responsibilities) or in the case established by this paragraph, the decision of the Government Commission for Administrative Reform and (or) the Government Commission for the Introduction of Information Technologies in the Activities of State Bodies and Bodies local self-government, the draft normative legal act requires revision, such a draft is subject to revision and coordination with the federal executive authorities in accordance with these Rules.
(As amended by Decree of the Government of the Russian Federation of April 25, 2012 N 394)
If, in accordance with the said decision, the draft regulatory legal act does not require revision, such a draft does not need to be re-approved by the federal executive authorities, and the regulatory legal act, after signing (approval), is sent for state registration to the Ministry of Justice of the Russian Federation with the application of the relevant solutions.
If, after the state registration with the Ministry of Justice of the Russian Federation of a regulatory legal act, on which there are disagreements that have not been resolved as a result of the conciliation meetings held, by the Deputy Chairman of the Government of the Russian Federation (in accordance with the distribution of duties), or by the Government Commission for Administrative Reform, or by the Government Commission on the introduction of information technologies in the activities of state bodies and local governments considered the appeal in relation to these disagreements and made a decision on the advisability of finalizing the regulatory legal act, taking into account the comments of the relevant federal executive body, the head of the federal executive body, which signed (approved) such a regulatory legal act, introduces amendments to the specified regulatory legal act in accordance with these Rules.
(As amended by Decrees of the Government of the Russian Federation of May 15, 2010 N 336, of April 25, 2012 N 394)
4. The preparation of a draft normative legal act is assigned to one or more structural divisions federal executive body, taking into account their functions and competence. At the same time, the circle of officials responsible for the preparation of the specified project, the period for its preparation, and, if necessary, the organizations involved in this work, are determined.
The legal service of the federal executive body participates in the preparation of a draft normative legal act.
The paragraph became invalid on January 1, 2009. - Decree of the Government of the Russian Federation of December 29, 2008 N 1048.
To prepare drafts of the most important and complex normative legal acts, as well as acts issued jointly by several federal executive bodies, working groups may be created.
At the request of the federal executive authorities and in accordance with the agreements concluded with them, the Ministry of Justice of the Russian Federation may carry out a legal examination of draft normative legal acts prepared by them.
(the paragraph was introduced by Decree of the Government of the Russian Federation of February 11, 1999 N 154, as amended by Decree of the Government of the Russian Federation of February 20, 2010 N 72)
4.1. In order to enable independent anti-corruption expertise draft normative legal acts the federal executive body - the developer of the draft normative legal act during the working day corresponding to the day of its submission for consideration to the legal service of this federal executive body, places the draft normative legal act on its official website on the Internet, indicating the start dates and the end of acceptance of conclusions based on the results of an independent anti-corruption expertise.
(clause 4.1 as amended by Decree of the Government of the Russian Federation of February 20, 2010 N 72)
5. In the process of working on a draft regulatory legal act, the legislation of the Russian Federation related to the subject of the project, agreements on the delimitation of jurisdiction and powers between bodies should be studied. state power of the Russian Federation and the state authorities of the constituent entities of the Russian Federation, the practice of applying the relevant regulatory legal acts, scientific literature and materials of the periodical press on the issue under consideration, as well as data from sociological and other studies, if any.
When preparing a normative legal act, it is carried out legal expertise, as well as anti-corruption expertise in the manner established by the relevant federal executive body, and in accordance with the methodology for conducting anti-corruption expertise of regulatory legal acts and draft regulatory legal acts, approved by the Government of the Russian Federation.
6. The structure of a normative legal act should ensure the logical development of the topic of legal regulation.
If an explanation of the goals and motives for the adoption of a normative legal act is required, then the draft contains an introductory part - a preamble. Normative provisions are not included in the preamble.
Normative instructions are drawn up in the form of paragraphs, which are numbered in Arabic numerals with a dot and do not have headings. Clauses may be subdivided into subclauses, which may be numbered alphabetically or numerically.
Significant normative legal acts can be divided into chapters, which are numbered with Roman numerals and have headings.
If necessary, for the completeness of the presentation of the issue, the regulatory legal acts may reproduce certain provisions of the legislative acts of the Russian Federation, which must have references to these acts and to the official source of their publication.
If tables, graphs, maps, diagrams are provided in a normative legal act, then, as a rule, they should be drawn up in the form of applications, and the relevant paragraphs of the act should have links to these applications.
7. Simultaneously with the development of a draft normative legal act, proposals should be prepared to amend or invalidate the relevant previously issued acts or parts thereof.
If, in accordance with the federal law, the development of a draft regulatory legal act entails the need to invalidate an act of the Government of the Russian Federation, simultaneously with the draft regulatory legal act, a draft act of the Government of the Russian Federation on invalidating an act of the Government of the Russian Federation must be developed in accordance with the established procedure. In this case, the draft normative legal act must provide for a provision on the procedure for its entry into force, according to which it shall enter into force from the date of entry into force of the act of the Government of the Russian Federation on recognizing the act of the Government of the Russian Federation as invalid.
Regulatory legal acts issued jointly or in agreement with other federal executive authorities are changed or declared invalid upon agreement with these federal executive authorities.
Provisions on amending or invalidating previously issued acts or parts thereof are included in the text of a normative legal act.
(clause 7 as amended by Decree of the Government of the Russian Federation of December 29, 2008 N 1048)
7(1). A normative legal act of a reorganized (transformed) federal executive body, the functions of implementing legal regulation in the established field of activity of which have been transferred to several federal executive bodies,
a normative legal act issued jointly by these federal executive bodies is changed or declared invalid, except for cases when the competence of these bodies to issue the said normative legal act is defined in federal constitutional laws, federal laws, decrees and orders of the President of the Russian Federation, resolutions and orders of the Government of the Russian Federation.
(clause 7(1) was introduced by Decree of the Government of the Russian Federation of November 29, 2012 N 1235)
8. If the preparation of a normative legal act reveals the need to introduce significant changes and additions to previously issued normative legal acts or the existence of several acts on the same issue, then in order to streamline them, a single new act is developed. The draft of such an act includes new normative prescriptions, as well as those contained in previously issued acts, which remain in force.
9. Before signing (approving) a prepared draft normative legal act must be checked for compliance with the legislation of the Russian Federation, as well as the rules of the Russian language, and endorsed by the head of the legal service of the federal executive body.
Normative legal acts created on paper are signed (approved) by the head of the federal executive body or a person acting as his/her own, and those created in the form of electronic documents - using an enhanced qualified electronic signature.
(as amended by Decree of the Government of the Russian Federation of 09/06/2012 N 890)
Paragraphs three through six are no longer valid. - Decree of the Government of the Russian Federation of 07.07.2006 N 418.
The signed (approved) normative legal act must have the following details:
the name of the body (bodies) that issued the act;
name of the type of act and its name;
date of signing (approval) of the act and its number;
the name of the position and the surname of the person who signed the act.
A normative legal act issued jointly with other federal executive bodies must have the appropriate numbers and a single date.
(the paragraph was introduced by Decree of the Government of the Russian Federation of February 11, 1999 N 154)
II. State registration of normative legalacts of federal executive bodies
10. Regulatory legal acts affecting the rights, freedoms and duties of a person and a citizen, establishing the legal status of organizations of an interdepartmental nature, regardless of their validity period, including acts containing information constituting a state secret or information of a confidential nature, are subject to state registration. .
11. State registration of normative legal acts is carried out by the Ministry of Justice of the Russian Federation, which maintains the State Register of normative legal acts of federal executive bodies.
State registration of a normative legal act includes:
legal examination of the compliance of this act with the legislation of the Russian Federation;
(as amended by Decree of the Government of the Russian Federation of February 20, 2010 N 72)
anti-corruption expertise of this act;
(the paragraph was introduced by Decree of the Government of the Russian Federation of February 20, 2010 N 72)
making a decision on the need for state registration of this act;
assignment of a registration number;
entry into the State Register of Normative Legal Acts of Federal Executive Bodies.
12. Normative legal acts subject to state registration no later than 10 days from the date of their signing (approval) shall be submitted to the Ministry of Justice of the Russian Federation on paper or in the form of electronic documents. At the same time, regulatory legal acts created on paper are submitted in 6 copies (original and 5 copies, one of which can be submitted on electronic media). Normative legal acts on paper containing information constituting a state secret or information of a confidential nature are submitted in 2 copies (original and 1 copy).
(as amended by Decree of the Government of the Russian Federation of 09/06/2012 N 890)
Submission for state registration of a normative legal act issued jointly by several federal executive bodies is assigned to the body that is indicated first among the signatories (approved) of the act.
A certificate containing the following is attached to the normative legal act:
grounds for issuing a normative legal act;
information on all current regulatory legal acts on this issue and information on the timing of their bringing into line with the adopted act;
information on the approval of the act with the interested federal executive authorities and other state bodies, if such approval is required in accordance with paragraph 3 of these Rules;
(as amended by Decree of the Government of the Russian Federation of December 29, 2008 N 1048)
information on the conduct of an independent anti-corruption expertise with copies of conclusions based on the results of an independent anti-corruption expertise;
(as amended by Decree of the Government of the Russian Federation of February 20, 2010 N 72)
information about sending a draft act for a conclusion on a regulatory impact assessment with a copy of the conclusion attached, or about the absence of grounds for sending a draft act for a conclusion on a regulatory impact assessment;
(the paragraph was introduced by Decree of the Government of the Russian Federation of June 25, 2012 N 629)
information on the disclosure by the federal executive body of information on the development of a regulatory legal act in accordance with the Rules for the disclosure by federal executive bodies of information on the preparation of draft regulatory legal acts and their results public comment, approved by the Decree of the Government of the Russian Federation of August 25, 2012 N 851;
(the paragraph was introduced by Decree of the Government of the Russian Federation of December 18, 2012 N 1334)
information about the preliminary discussion at meetings of the public council under the federal executive body with a copy of the conclusion of the relevant public council or about the absence of grounds for holding such a discussion.
(the paragraph was introduced by Decree of the Government of the Russian Federation of December 18, 2012 N 1334) In the case established by paragraph sixteen of clause 3 of these Rules, a decision of the Deputy Prime Minister of the Russian Federation is attached to the regulatory legal act.
(the paragraph was introduced by Decree of the Government of the Russian Federation of December 29, 2008 N 1048)
A certificate attached to a regulatory legal act, created on paper, must be signed by the head of the legal service of the federal executive body issuing this act, and created in the form of an electronic document, by the specified official using an enhanced qualified electronic signature.
(as amended by Decree of the Government of the Russian Federation of 09/06/2012 N 890)
On the back of each sheet of the original of the normative legal act, created on paper, the head of the legal service of the federal executive body shall affix a handwritten visa. A normative legal act created in the form of an electronic document is endorsed by the head of the legal service of the federal executive body using an enhanced qualified electronic signature.
(as amended by Decree of the Government of the Russian Federation of 09/06/2012 N 890)
13. State registration of regulatory legal acts is carried out by the Ministry of Justice of the Russian Federation within 15 working days from the date of receipt of the act.
(as amended by Decree of the Government of the Russian Federation of 07.07.2006 N 418)
If necessary, the registration period may be extended by the Ministry of Justice of the Russian Federation, but not more than 10 working days, and in exceptional cases - up to 30 working days.
(as amended by Decrees of the Government of the Russian Federation of 11.02.1999 N 154, of 07.07.2006 N 418, of 20.02.2010 N 72)
14. Registration of a normative legal act may be refused if, during the legal examination, it is established that this act does not comply with the legislation of the Russian Federation.
(Clause 14 as amended by Decree of the Government of the Russian Federation of February 20, 2010 N 72)
15. Regulatory legal acts, the state registration of which has been refused, shall be returned by the Ministry of Justice of the Russian Federation to the body that issued them, indicating the reasons for the refusal.
Within 10 days from the date of receipt of a refusal in state registration, the head of the federal executive body or a person acting as such shall issue an appropriate document on the repeal of the normative legal act, the registration of which has been refused, and send a copy of it to the Ministry of Justice of the Russian Federation.
(the paragraph was introduced by Decree of the Government of the Russian Federation of February 11, 1999 N 154)
16. A normative legal act may be returned by the Ministry of Justice of the Russian Federation to a federal executive body without registration at the request of the federal executive body that submitted this act for state registration, and also if the established procedure for submitting an act for state registration or these Rules is violated.
In case of return of a normative legal act without state registration in case of violation of the established procedure for submission for state registration or these Rules, the violations must be eliminated, and the act must be re-submitted for state registration within a month, or a copy of the document on the abolition of the normative document must be sent to the Ministry of Justice of the Russian Federation. legal act.
(the paragraph was introduced by Decree of the Government of the Russian Federation of February 11, 1999 N 154)
17. Within a day after the state registration, the original of the regulatory legal act with the registration number assigned to it is sent by the Ministry of Justice of the Russian Federation to the federal executive body that submitted the act for state registration.
Normative legal acts affecting the rights, freedoms and duties of a person and a citizen, establishing the legal status of organizations or having an interdepartmental nature, are subject to official publication in the prescribed manner, except for acts or their individual provisions containing information constituting a state secret or information of a confidential nature.
Copies of acts subject to official publication within a day after state registration are sent by the Ministry of Justice of the Russian Federation to "Rossiyskaya Gazeta", to the Bulletin of normative acts of federal executive authorities of the publishing house "Legal Literature" of the Administration of the President of the Russian Federation, to the scientific and technical center of legal information " Sistema" and the Institute of Legislation and Comparative Law under the Government of the Russian Federation.
(As amended by Decree of the Government of the Russian Federation of February 11, 1999 N 154)
An act recognized by the Ministry of Justice of the Russian Federation as not requiring state registration is subject to publication in the manner determined by the federal executive body that approved the act. At the same time, the procedure for the entry into force of this act is also determined by the federal executive body that issued the act.
(the paragraph was introduced by Decree of the Government of the Russian Federation of February 11, 1999 N 154)
18. Changes and additions made to normative legal acts that have passed state registration are subject to registration in the manner prescribed by these Rules.
19. Federal executive authorities send for execution normative legal acts subject to state registration only after their registration and official publication.
If these requirements are violated, normative legal acts, as not having entered into force, cannot be applied.
ADMINISTRATION OF THE PSKOV REGION
RESOLUTION
On the procedure for agreeing and signing draft legal acts in the Administration of the region and executive authorities of the region
_________________________________________________________________
The text of the document with the changes made:
, Pskovskaya Pravda dated 03.02.15 N 10;
Decree of the Regional Administration dated March 18, 2016 N 90;
, Online publication "Regulatory legal acts of the Pskov region" (pravo.pskov.ru), 07/05/16, N 020507201605;
, Online publication "Regulatory legal acts of the Pskov region" (pravo.pskov.ru), 07/11/17, N 020949101107201701.
__________________________________________________________________
In accordance with the Decree of the Regional Administration of October 15, 2007 N 397 "On the Regulations of the Administration of the Pskov Region", on the basis of the Decree of the Regional Administration of July 20, 2015 N 336 "On the State Information System "Electronic Document Management System of the Administration of the Pskov Region" Regional Administration DECIDES (preamble as amended):
1. Approve the attached Regulations on the procedure for agreeing and signing draft legal acts in the Administration of the region using the state information system"System electronic document management Administration of the Pskov region.
2. The First Deputy Governor of the Region, the Deputy Governor of the Region - the Head of the Regional Administration Staff, the Deputy Governor of the Region - the Head of the State Financial Administration of the Pskov Region, the Deputy Governors of the Region, the Deputy Heads of the Regional Administration Staff, the heads of departments of the Regional Administration Staff and the heads of the executive authorities of the region to coordinate and signing of draft legal acts in the Administration of the region in accordance with the Regulations on the procedure for agreeing and signing draft legal acts in the Administration of the region using the state information system "Electronic Document Management System of the Administration of the Pskov Region", approved by paragraph 1 of this resolution.
3. The heads of the executive authorities of the region organize the coordination and signing of draft legal acts of the executive authorities of the region using the state information system "Electronic Document Management System of the Administration of the Pskov Region" in the manner prescribed by the legal act of the relevant executive authority of the region.
4. To impose control over the execution of this resolution on the Deputy Governor of the region - the Head of the Administration of the region Zhavoronkov M.K.
Interim
duties of the Governor of the region A.A. Turchak
Regulations on the procedure for agreeing and signing draft legal acts in the Administration of the region using the state information system "Electronic Document Management System of the Administration of the Pskov Region"
APPROVED
by the decision of the regional administration
dated 11.06.2014 N 260
1. General Provisions
1.1. This Regulation establishes the procedure for agreeing and signing draft laws of the region on amendments to the Charter of the Pskov region, draft laws of the region, draft decrees and orders of the Governor of the region, draft resolutions and orders of the Regional Administration, draft resolutions of the Pskov Regional Assembly of Deputies, draft orders on the Office of the Regional Administration (hereinafter also - draft legal acts) by the First Deputy Governor of the Region, Deputy Governor of the Region - Head of the Office of the Regional Administration, Deputy Governor of the Region - Head of the State Financial Administration of the Pskov Region, deputies of the Governor of the Region, Deputy Heads of the Office of the Regional Administration, heads of departments of the Office of the Regional Administration and heads of executive bodies the authorities of the region (hereinafter also referred to as the coordinating authorities) using the state information system "Electronic Document Management System Ad Ministry of the Pskov Region" (hereinafter - SED APO).
1.2. Draft laws of the region on amendments to the Charter of the Pskov region, draft laws of the region, draft decrees and orders of the Governor of the region, draft resolutions and orders of the Regional Administration, draft resolutions of the Pskov Regional Assembly of Deputies are submitted for approval and agreed by the First Deputy Governor of the Region, Deputy Governor of the Region - Head of Staff Regional Administration, Deputy Governor of the Region - Head of the State Financial Administration of the Pskov Region, Deputy Governors of the Region, Deputy Heads of the Regional Administration Staff, heads of departments of the Regional Administration Staff and heads of executive authorities of the region.
1.3. Draft orders for the Administration Office of the Region are submitted for approval and approved by the First Deputy Governor of the Region, Deputy Governor of the Region - Head of the State Financial Administration of the Pskov Region, Deputy Governors of the Region, Deputy Heads of the Administration Office of the Region, heads of departments of the Administration Office.
1.4. The term for the approval of a draft legal act is calculated from the day following the day of its receipt by the coordinating authority, until the day of approval by the coordinating authority, inclusive, while the date of approval is the date of registration of the result of the approval in the APO EDMS (paragraph as amended by the resolution entered into force on 05.07.16 Administration of the region dated 01.07.2016 N 218).
The approval period does not include weekends and holidays.
1.5. Draft legal acts and attachments to draft legal acts are created in in electronic format in text format, with the exception of cases established by these Regulations.
1.6. Features of the coordination of draft decrees of the Governor of the region on the approval of departmental targeted programs, draft resolutions of the Regional Administration on approval government programs of the Pskov region, draft resolutions of the Regional Administration on amendments to the state programs of the Pskov region are established separate acts Regional administrations.
1.7. Coordination and signing of draft legal acts in the APO EDMS is carried out using an enhanced qualified electronic signature in accordance with the law.
2. The procedure for entering draft legal acts in the APO EDMS
2.1. The input of draft legal acts is carried out in the "Legal acts" section of the APO EDMS.
2.2. The input of draft legal acts into the APO EDMS for approval is carried out by employees of the divisions of the Regional Administration Office and regional executive authorities (hereinafter also referred to as performers) by:
1) creating and filling out a card of a draft legal act;
2) choosing a standard route for agreeing on a draft legal act (hereinafter referred to as a standard route);
3) accession of investments specified in paragraphs 2.6, 2.7 of this section;
4) sending a draft legal act along the chosen standard route.
2.3. When performing the actions specified in paragraph 2.2 of this section, the draft legal act is automatically assigned a unique number, which is indicated, if necessary, in all documents related to this draft legal act.
2.4. A draft legal act card in the APO EDMS is created by filling in the following blocks in the "Details" tab:
1) block "Registration data":
a) field "Type of project" - select the type of legal act from the following list:
area law,
Decree of the Governor of the region,
decree of the Governor of the region on the approval of the departmental target program;
Governor's order,
order of the Governor of the region personnel,
order of the Governor of the region on personnel,
decision of the regional administration,
decision of the Administration of the region personnel (for the coordination of decisions of the Administration of the region on awarding diplomas),
resolution of the Regional Administration on the approval of the state program of the Pskov region,
resolution of the Regional Administration on amendments to the resolution of the Regional Administration on approval of the state program of the Pskov region;
the order of the regional administration,
order of the Administration of the region personnel,
the order of the Regional Administration on the approval of the plan for the implementation of the state program of the Pskov region,
resolution of the Pskov Regional Assembly of Deputies,
order on the Office of the Regional Administration for the main activity,
order on the Staff of the Administration of the region on personnel,
order on the Office of the Administration of the region on the provision of leave;
b) the field "Category of urgency" - is filled in if it is necessary to coordinate the draft legal act urgently (with the category "Urgent" selected):
for draft legal acts specified in paragraph 1.2 of section 1 of these Regulations - if available memo with a rationale for the urgency agreed in the prescribed manner with the Governor of the region or the Deputy Governor of the region - the Head of the Staff of the Regional Administration in the EDS APO (section "Internal") with the mandatory use of electronic signatures. The service note is attached to the draft legal act by creating a link (paragraph as amended by the Decree of the Regional Administration dated 07/01/2016 N 218);
for draft legal acts specified in clause 1.3 of section 1 of these Regulations - if there is a memo with justification of urgency, agreed in the prescribed manner with the Deputy Governor of the region - the Head of the Regional Administration Office in the EDMS APO (section "Internal") with the mandatory use of electronic signatures. The service note is attached to the draft legal act by creating a link (paragraph as amended by the Decree of the Regional Administration dated 07/01/2016 N 218);
2) block "Information about the document":
a) field Summary document" - the full name of the draft legal act is indicated;
b) the field "Coordinating Deputy" - the First Deputy Governor of the Region, the Deputy Governor of the Region, coordinating the activities of the subdivision of the Office of the Regional Administration, the regional executive authority that developed the draft legal act (hereinafter referred to as the developer), - is filled in automatically for the draft legal acts specified in paragraph 1.2 section 1 of these Regulations);
c) field "Name of the signatory": Governor of the region (for draft legal acts specified in paragraph 1.2 of Section 1 of these Regulations); Deputy Governor of the region - Chief of Staff of the Regional Administration (for draft legal acts specified in paragraph 1.3 of Section 1 of these Regulations);
d) field "Contractor" - developer (filled in automatically);
3) block "Composition of electronic attachments" - the block contains attachments of the files specified in paragraphs 2.6, 2.7 of this section.
2.5. The choice of a typical route is made in the "Agreement" tab of the card of the draft legal act in accordance with the Standard routes for the approval of draft legal acts by the coordinating authorities in accordance with the Appendix to this Regulation (hereinafter referred to as the Standard Routes).
2.6. For draft decrees and orders of the Governor of the region, draft resolutions and orders of the Regional Administration, the card of the draft legal act must contain the following attachments:
1) a file containing the text of a draft legal act;
2) a file containing the text of the explanatory note to the draft legal act. The explanatory note to the draft legal act must contain:
a) presentation public problems(subject of legal regulation);
b) substantiation of the need to adopt a legal act;
c) the purpose of the adoption of the legal act;
G) general characteristics, the main provisions and features of the draft legal act;
e) a statement of the main directions and methods of legal regulation of the problems identified in the draft legal act (mechanism for the implementation of regulatory requirements);
f) financial and economic justification for the adoption of a legal act (if the adoption of a legal act does not require material and other costs, this should also be reflected in the explanatory note);
g) the expected socio-economic consequences from the adoption of the legal act (in this case, organizations and other persons who took part in the preparation of the draft legal act are indicated);
h) an indication of the absence of provisions requiring a regulatory impact assessment (hereinafter - RIA) of the draft regulatory legal act and the absence of the need for RIA (if, as a result of the analysis of the need for RIA, the developer concluded that the draft legal act does not contain provisions requiring RIA) ;
i) information on the results of the examination of the draft regulatory legal act by the prosecutor's office of the Pskov region;
3) a file containing the text of the conclusion of the Prosecutor's Office of the Pskov region on the draft regulatory legal act (if any) in the form of a graphic copy (scanned image). If it is necessary to agree on a draft legal act without an examination by the Prosecutor's Office of the Pskov Region, a memo is attached to the draft justifying such a need by creating a link with the relevant draft legal act. The specified service note must be signed by the head of the developer, agreed by the Governor of the region or the first deputy Governor of the region, or the deputy Governor of the region in accordance with the approved areas of responsibility and approved by the Deputy Governor of the region - Head of the Office of the Regional Administration. These actions are performed with the obligatory use of electronic signature means;
4) a file containing the text of the opinion on RIA (if, as a result of the analysis of the need for RIA, the developer concluded that the draft legal act contains provisions requiring RIA) in the form of a graphic copy (scanned image).
2.7. For draft laws of the region on amendments to the Charter of the Pskov region, draft laws of the region, the card of the draft legal act must contain attachments in accordance with paragraph 5.5 of the Regulations of the Administration of the Pskov Region, approved by the Resolution of the Administration of the Region of October 15, 2007 N 397 (hereinafter referred to as the Regulations of the Administration of the Pskov Region ).
2.8. After entering into the APO EDMS, the draft legal act is automatically sent for familiarization to the head of the contractor. The head of the contractor can reject, send for revision or send a draft legal act for approval along the selected standard route.
3. The procedure for passing draft legal acts through the coordinating authorities
3.1. Coordination of the draft legal act by the coordinating authorities occurs automatically according to the standard route chosen by the executor of the draft legal act.
3.2. Typical routes are built taking into account the sequence of approval of draft legal acts established by the Regulations of the Administration of the Pskov Region and include the following steps:
1) stage "coordination by the coordinating deputy":
a) for draft legal acts specified in clause 1.2 of section 1 of these Regulations, the approving authority is the Deputy Governor of the region, who coordinates the activities of the developer. If the activities of the developer are coordinated by the Governor of the region, the Deputy Governor of the region - the Head of the Administration of the region, the Deputy Governor of the region, who coordinates the activities of the Administration of the region in the field of economic and investment activities, then this stage is automatically excluded from the approval route (subparagraph in the wording, put into effect from 03.02. 15 by the Decree of the Regional Administration dated 20.01.2015 N 20);
b) for draft legal acts specified in paragraph 1.3 of section 1 of these Regulations, the approving authority is the Deputy Chief of Staff of the Regional Administration, who coordinates the activities of the developer. If the developer's activities are coordinated by the Deputy Governor of the region - the Head of the Office of the Regional Administration, then this stage is automatically excluded from the approval route;
2) the stage "coordination by interested coordinating authorities" (fan agreement) - includes coordinating authorities, whose competence includes issues raised in the text of the draft legal act, including coordination with State Committee Pskov region economic development and investment policy (if the draft legal act involves the use of budgetary funds and (or) if the draft regulatory legal act affects the implementation of entrepreneurial and investment activities), the State financial management Pskov region (if the draft legal act involves the use of budgetary funds), as well as with the Deputy Governor of the region, coordinating the activities of the Regional Administration in the field of economic and investment activities (if the draft act of the Regional Administration, the draft act of the Governor of the region affects the implementation of economic and investment activities and ( or) the draft act of the Administration of the region, the draft act of the Governor of the region assumes the use of budgetary funds). The list of these coordinating authorities is determined by the developer in agreement with (paragraph as amended by the Decree of the Regional Administration dated 01.20.2015 N 20, effective from 03.02.15):
a) coordinating its activities by the Governor of the region, the first deputy Governor of the region, the deputy Governor of the region - the Head of the Office of the Administration of the region, the deputies of the Governor of the region (for draft legal acts specified in clause 1.2 of section 1 of these Regulations);
b) coordinating its activities by the Deputy Governor of the region - the Head of the Staff of the Regional Administration, the Deputy Head of the Staff of the Regional Administration (for draft legal acts specified in paragraph 1.3 of Section 1 of these Regulations);
3) stage "legal expertise" - coordination is carried out in the State Legal Committee of the Regional Administration and includes legal expertise of the draft legal act and anti-corruption expertise of the draft regulatory legal act;
4) the stage "approval by the Deputy Governor of the region - the Head of the Staff of the Regional Administration" (for draft legal acts specified in paragraph 1.2 of Section 1 of these Regulations);
5) stage "linguistic examination" - coordination is carried out by the Department of Documentation of the Regional Administration and includes checking the draft legal act for compliance with the rules of spelling and punctuation, the rules for drafting legal acts.
3.3. If there is no need for approval of draft legal acts by interested approval authorities, a typical "short" route is used, in which the stage "approval by interested approval authorities" (fan agreement) is absent.
3.4. When approving draft legal acts, the coordinating authority may take one of the following decisions:
1) "Agreed":
a) in the absence of comments and proposals to the draft legal act from the coordinating authorities at the stages of approval, except for the stage of "linguistic expertise";
b) at the stage of "linguistic examination" - based on the results of the linguistic examination of the draft legal act carried out by the Department of Documentation Support of the Administration of the Region. The adoption of a decision is accompanied by the creation and attachment of a file containing the corrected text of the draft legal act to the approval card of the draft legal act;
2) "Agreed with comments":
a) if there are justified comments and suggestions that do not require significant revision of the draft legal act, and are eliminated at the stage of "linguistic expertise" (editing the text associated with violation of the rules of spelling, morphology and punctuation, violation of the rules for formalizing documents, typos, errors in names and addresses of state bodies and local governments, names of officials and other similar errors, as well as in the absence of provisions that contradict the law and violations of the rules of legal technique);
b) if there are comments and suggestions that require significant revision of the draft legal act, but the consent of the developer to return the draft for revision has not been received. Available comments and suggestions can be stated either in the field of the card for agreeing on the draft legal act "Current decision", or in a file containing comments and suggestions, which is attached to the card for agreeing on the draft legal act, or in the form internal document to the address of the developer attached to the draft legal act by creating a link;
3) "Return for revision":
a) if there are reasonable comments and suggestions that require significant revision of the draft legal act (the draft legal act contains provisions that are contrary to the law and (or) was developed in violation of the rules of legal technique). This matching result can be applied:
at the stage of "coordination by interested coordinating authorities" (fan agreement). The decision "Return for revision" is made by the concerned approval authorities after obtaining the consent of the developer using the "Additional approval" function. If the developer agrees with the need to finalize the draft legal act, the draft legal act is finalized by the developer and sent for re-approval. If the developer does not agree with the need to finalize the draft legal act, the approving authority makes a decision "Agreed with the comments";
at the stage of "legal examination" - based on the results of the legal examination of the draft legal act and anti-corruption examination of the draft legal act carried out by the State Legal Committee of the Administration of the Region and (or) in case the State Legal Committee of the Administration of the Region agrees with the comments and proposals of the coordinating authorities received at the stage "coordination by interested coordinating authorities" (fan agreement). The decision "Return for revision" is made by the State Legal Committee of the Administration of the region after obtaining the consent of the developer using the "Additional approval" function. If the developer agrees with the need to finalize the draft legal act, the draft legal act is finalized by the developer and sent for re-approval to the State Legal Committee of the Regional Administration. If the developer does not agree with the need to finalize the draft legal act, the State Legal Committee of the Regional Administration makes a decision "Agreed with the comments";
at the stage of "approval by the Deputy Governor of the region - the Head of the Staff of the Regional Administration" (for draft legal acts specified in paragraph 1.2 of section 1 of these Regulations). For the adoption by the Deputy Governor of the region - the Head of the Administration of the region of the decision "Return for revision" the consent of the developer is not required. The finalized draft legal act enters the stage of "approval by the Deputy Governor of the Region - Head of the Administration of the Region Administration" for re-approval, unless the Deputy Governor of the Region - Head of the Administration of the Regional Administration determines a different list of coordinating authorities, to which the developer must send the draft legal act for approval after revision.
In the event that at the stages of "coordination by interested coordinating authorities" and (or) "legal examination" by the coordinating authorities, due to the lack of consent of the developer to return for revision, the decision "Agreed with the comments" was made, the Deputy Governor of the region - Head of the Office of the Administration of the region conducts a conciliation a procedure in the form of a workshop with the participation of a representative of the developer, a representative of the coordinating authority, to which the developer has not given consent to return the draft legal act for revision, and a representative of the State Legal Committee of the Regional Administration. According to the results of the conciliation procedure, the Deputy Governor of the region - the Head of the Office of the Regional Administration takes one of the following decisions: "Agreed", "Agreed with the comments", "Return for revision".
The coordinating authority that returned the draft legal act for revision is obliged to indicate the list of coordinating authorities to which the developer must send the draft legal act for approval after revision.
The motivation for returning for revision and the list of approving authorities for re-approval is set out either in the approval card window in the "Current decision" field or in a file containing comments and suggestions or a conclusion on the draft legal act, which is attached to the approval card of the draft legal act, or in the form an internal document addressed to the developer attached to the draft legal act by creating a link.
The developer is obliged to finalize the draft legal act within no more than three days, taking into account the comments and proposals received, if necessary, re-agreed by the interested authorities, change the status of the cards of these authorities to "Draft" and send along the route the revised version of the draft legal act. At the same time, a new cycle (iteration) of approval will begin with the coordinating authorities selected for re-approval, after which the draft legal act will continue to move along the route. At the same time, in the "Composition of electronic attachments of the document" block of the "Details" tab of the card of the draft legal act, files with the modified version of the draft legal act are attached, the previous versions of the attachments remain in the field of the previous iteration;
b) for draft legal acts to be submitted for public discussion or sent for consideration (discussion) by the Pskov Regional Assembly of Deputies (with the exception of draft resolutions of the Regional Administration on amendments to the state programs of the Pskov Region). Such an agreement result is applied at the stage "approval by the Deputy Governor of the Region - Head of the Administration of the Regional Administration" after eliminating, if necessary, reasonable comments and proposals that require significant revision of the draft legal act (paragraph as amended by the Resolution of the Administration region dated 07.07.2017 N 292).
For the adoption by the Deputy Governor of the region - the Head of the Administration of the region of the decision "Return for revision" the consent of the developer is not required.
In the case of a return for revision, the draft legal act is sent to the developer in the "For revision" folder and goes into the "Preparation" status.
If, after the public discussion or consideration (discussion) by the Pskov Regional Assembly of Deputies of the draft legal act, the Deputy Governor of the Region - Head of the Administration of the Region Administration instructed the developer to finalize the draft legal act, the developer is obliged to finalize the draft legal act within the period specified in the order.
If it is necessary to re-agree with the interested authorities, the developer changes the status of the cards of these authorities to "Draft" and sends along the route a revised version of the draft legal act. At the same time, a new cycle (iteration) of approval will begin with the coordinating authorities selected for re-approval, after which the draft legal act will continue to move along the route. At the same time, in the "Composition of electronic attachments of the document" block of the "Details" tab of the card of the draft legal act, files with the modified version of the draft legal act are attached, the previous versions of the attachments remain in the field of the previous iteration.
If, based on the results of the public discussion or the results of the consideration (discussion) by the Pskov Regional Assembly of Deputies, there are no comments and suggestions to the draft legal act, or if the Deputy Governor of the Region - the Head of the Administration of the Regional Administration does not instruct the developer to finalize the draft legal act, the draft legal act enters the stage "approval by the Deputy Governor of the region - Head of the Administration of the region" for re-approval.
(Subparagraph 3 as amended by the Resolution of the Regional Administration dated March 18, 2016 N 90).
c) at the request of the developer. Such an approval result can be applied at all stages of approval on the basis of the developer's request to the approval authority about the need to return the draft legal act for revision. The decision "Return for revision" is made by the coordinating authorities without using the "Additional approval" function.
In the case of a return for revision, the draft legal act is sent to the developer in the "For revision" folder and goes into the "Preparation" status.
The developer is obliged to finalize the draft legal act, if necessary, re-agreed by the interested authorities, change the status of the cards of these authorities to "Draft" and send the revised version of the draft legal act along the route. At the same time, a new cycle (iteration) of approval will begin with the coordinating authorities selected for re-approval, after which the draft legal act will continue to move along the route. At the same time, in the "Composition of electronic attachments of the document" block of the "Details" tab of the card of the draft legal act, files with the modified version of the draft legal act are attached, the previous versions of the attachments remain in the field of the previous iteration.
(Subparagraph "c)" is additionally included on 07/11/17 by the decision of the Regional Administration dated 07/07/2017 N 292).
3.5. The developer may decide to withdraw the draft legal act from approval in the APO EDMS after the draft legal act is returned for revision on the grounds provided for in subparagraph 3 of paragraph 3.4 of this section (the paragraph was additionally included from 11.07.17 by the Resolution of the Regional Administration dated 07.07.2017 N 292).
4. Signing of draft legal acts
4.1. Draft legal acts agreed in accordance with Section 3 of these Regulations are automatically submitted for signing in the "Signing" tab.
4.2. In the "Signing" tab, the Governor of the region (for draft legal acts specified in paragraph 1.2 of Section 1 of these Regulations), the Deputy Governor of the Region - the Head of the Staff of the Regional Administration (for draft legal acts specified in paragraph 1.3 of Section 1 of these Regulations) accept one of the following solutions:
1) "For revision". Finalization of the draft legal act is carried out in accordance with Section 3 of this Regulation;
2) "Reject". Rejected draft legal acts stop moving through the coordinating authorities, further modification or revision of such draft legal acts is impossible. Rejected draft legal acts are not deleted from the APO EDMS for the purpose of their accounting;
3) "Sign". A draft legal act is signed, created and agreed on the results of the "linguistic examination" carried out in accordance with subparagraph "b" of subparagraph 1 of paragraph 3.4 of section 3 of this Regulation.
Draft decrees and orders of the Governor of the region signed by the Governor of the region, draft resolutions and orders of the Regional Administration are received by the Documentation Support Department of the Regional Administration for execution on paper, submission to the Governor of the Region for signing with a handwritten signature and subsequent registration and storage in the prescribed manner.
Draft laws of the region on amendments to the Charter of the Pskov region signed by the Governor of the region, draft laws of the region, draft resolutions of the Pskov Regional Assembly of Deputies are sent to the Department of Documentation Support of the Regional Administration for execution on paper, including registration cover letter on submission for consideration to the Pskov Regional Assembly of Deputies, which is submitted to the Governor of the Region for signing with a handwritten signature, subsequent registration and sending to the Pskov Regional Assembly of Deputies in the prescribed manner.
Draft orders signed by the Deputy Governor of the Region - Head of the Regional Administration Office are received by the Documentation Support Department of the Regional Administration, displayed on order forms by the Regional Administration Office, submitted to the secretariat of the Deputy Governor of the Region - Head of the Regional Administration Office for signing on paper using an analogue of the handwritten signature (facsimile) of the Deputy Governor of the region - the Head of the Administration of the region and are transferred to the Department of Documentation Support of the Regional Administration for subsequent registration and storage in the prescribed manner.
5. The procedure for organizing work on the consideration of a draft legal act in the coordinating authority
5.1. Upon receipt of a draft legal act for approval, the head of the coordinating authority or an official who is the coordinating authority may consider the draft legal act and take one of the decisions on it provided for in clause 3.4 of these Regulations, or, before making a decision, send the draft legal act for consideration to the employee, activity which he supervises in accordance with the established procedure, as well as to involve another coordinating authority in the consideration of the draft legal act, if additional expert assessment is necessary. In this case, the function "Additional coordination" is used.
5.2. The approval of the draft legal act by the approval authority is carried out within the approval period at the appropriate stage of approval, determined by the standard route chosen by the developer.
If there is a developer's memo with a rationale for the urgency, agreed in the prescribed manner with the Deputy Governor of the region - the Head of the Administration of the Regional Administration, an agreement is made urgently.
In other cases, the agreement is made in the usual manner.
5.3. "Additional approval" is carried out within the stage of the current approval instance and can be forcibly completed by the initiator before the approval result is received. The period of "additional approval" is limited by the period of approval at the current stage.
Compliance with the deadlines for "additional approval" must be monitored by the coordinating authority that initiated the additional approval.
5.4. If there is no approval result registered in the EDS of the APO, after the expiration of the period for approval of the draft legal act, the EDS of the APO automatically registers a violation of the deadline for the approval of the draft legal act and starts counting the number of days of violation of the deadline for the approval of the draft legal act by a particular approving authority.
6. Control over the coordination of draft legal acts
6.1. Control over the coordination of draft legal acts is carried out by the Control Department of the Regional Administration.
6.2. The Control Department of the Regional Administration forms monthly reports on the state of executive discipline in compliance with the deadlines for coordinating draft legal acts in the EDMS of the APO and sends them to the Deputy Governor of the region - the Head of the Administration of the region before the 10th day of the month following the reporting one.
Application. Typical routes for coordinating draft legal acts by coordinating authorities
Application
to the Regulations on the procedure for coordination and
signing draft legal acts in
Regional administrations using
state information
systems "System of electronic document management
Administration of the Pskov region"
Typical routes
approval of draft legal acts by coordinating authorities
1. Typical routes for coordinating draft laws of the region and resolutions of the Pskov Regional Assembly of Deputies
1.1. Typical route "Draft Law of the Region".
The route is designed to coordinate the draft laws of the region with the usual urgency of approval and includes the following steps:
1) the stage "coordination by the coordinating deputy" - 3 days;
3) stage "legal expertise" - 17 days;
5) stage "linguistic examination" - 3 days.
1.2. Typical route "Urgent draft law of the region".
The route is designed to urgently coordinate the draft laws of the region and includes the following steps:
3) stage "legal expertise" - 6 days;
1.3. Typical route "Draft Resolution of the Pskov Regional Assembly of Deputies".
The route is designed to coordinate draft resolutions of the Pskov Regional Assembly of Deputies (with the exception of resolutions of the Pskov Regional Assembly of Deputies on the adoption of regional laws) and includes the following stages:
2) stage "coordination by interested coordinating authorities" (fan agreement) - 3 days;
4) the stage "coordination by the Deputy Governor of the region - the Head of the Staff of the Regional Administration" - 3 days;
2. Typical routes for coordinating draft decrees and orders of the Governor of the region, draft resolutions and orders of the Regional Administration
2.1. Typical route "Draft decree of the Governor of the region".
The route is designed to coordinate draft decrees of the Governor of the region with the usual urgency of approval, draft decrees of the Governor of the region on the approval of departmental target programs and includes the following steps:
1) the stage "coordination by the coordinating deputy" - 2 days;
2) stage "coordination by interested coordinating authorities" (fan agreement) - 3 days;
3) stage "legal expertise" - 10 days;
4) the stage "coordination by the Deputy Governor of the region - the Head of the Staff of the Regional Administration" - 3 days;
5) stage "linguistic expertise" - 2 days.
2.2. Typical route "Draft order of the Governor of the region".
The route is designed to coordinate the draft orders of the Governor of the region with the usual urgency of approval and includes the following steps:
1) the stage "coordination by the coordinating deputy" - 2 days;
5) stage "linguistic expertise" - 2 days.
2.3. Typical route "Draft Resolution of the Regional Administration".
The route is designed to coordinate draft resolutions of the Regional Administration (with the exception of resolutions of the Regional Administration on the approval of state programs of the Pskov Region) with the usual urgency of approval and includes the following steps:
1) the stage "coordination by the coordinating deputy" - 2 days;
2) stage "coordination by interested coordinating authorities" (fan agreement) - 3 days;
3) stage "legal expertise" - 10 days;
4) the stage "coordination by the Deputy Governor of the region - the Head of the Staff of the Regional Administration" - 3 days;
5) stage "linguistic expertise" - 2 days.
2.4. Typical route "Draft Resolution of the Regional Administration on Approval of the State Program of the Pskov Region".
The route is designed to coordinate draft resolutions of the Regional Administration on the approval of state programs of the Pskov Region, draft resolutions of the Regional Administration on amendments to the state programs of the Pskov Region and includes the following stages:
1) the stage "coordination by the coordinating deputy" - 2 days;
2) stage "coordination by interested coordinating authorities" (rolling approval) - 15 days, including:
approval by the State Committee of the Pskov region for economic development and investment policy - 15 days;
approval by the State Financial Administration of the Pskov region - 15 days;
approval by the Control Department of the Regional Administration - 15 days;
approval by the Deputy Governor of the region, coordinating the activities of the Administration of the region in the field of economic and investment activities - 15 days;
coordination by other coordinating authorities, whose competence includes issues raised in the text of the draft legal act - 15 days;
3) stage "legal expertise" - 15 days;
4) the stage "coordination by the Deputy Governor of the region - the Head of the Staff of the Regional Administration" - 3 days;
5) stage "linguistic examination" - 5 days.
(Clause 2.4 as amended by the Resolution of the Regional Administration dated March 18, 2016 N 90).
2.5. Typical route "Draft order of the Administration of the region".
The route is designed to coordinate draft orders of the Regional Administration (with the exception of the orders of the Regional Administration on the approval of plans for the implementation of state programs of the Pskov Region) with the usual urgency of coordination and includes the following steps:
1) the stage "coordination by the coordinating deputy" - 2 days;
2) the stage "coordination by interested coordinating authorities" (fan agreement) - 2 days;
3) stage "legal expertise" - 4 days;
4) the stage "coordination by the Deputy Governor of the region - the Head of the Staff of the Regional Administration" - 2 days;
5) stage "linguistic expertise" - 2 days.
2.6. Typical route "Draft order of the Administration of the region on the approval of the plan for the implementation of the state program of the Pskov region."
The route is designed to coordinate draft orders of the Regional Administration on the approval of plans for the implementation of state programs in the Pskov region, draft orders on amendments to the plans for the implementation of state programs in the Pskov region with the usual urgency and includes the following steps:
1) the stage "coordination by the coordinating deputy" - 2 days;
2) stage "coordination by interested coordinating authorities" (rolling approval) - 10 days, including:
approval by the State Committee of the Pskov region for economic development and investment policy - 10 days;
approval by the State Financial Administration of the Pskov region - 10 days;
approval by the Deputy Governor of the region, coordinating the activities of the Administration of the region in the field of economic and investment activities - 10 days;
coordination by other coordinating authorities, whose competence includes issues raised in the text of the draft legal act - 10 days;
3) stage "legal expertise" - 4 days;
4) the stage "coordination by the Deputy Governor of the region - the Head of the Staff of the Regional Administration" - 2 days;
5) stage "linguistic expertise" - 2 days.
(Clause 2.6 as amended by the Resolution of the Regional Administration dated March 18, 2016 N 90).
2.7. Typical route "Urgent draft decree of the Governor of the region".
The route is designed to coordinate draft decrees of the Governor of the region as a matter of urgency and includes the following steps:
1) the stage "coordination by the coordinating deputy" - 1 day;
2) stage "coordination by interested coordinating authorities" (fan agreement) - 1 day;
4) the stage "coordination by the Deputy Governor of the region - the Head of the Staff of the Regional Administration" - 1 day;
5) stage "linguistic examination" - 1 day.
2.8. Typical route "Urgent draft order of the Governor of the region".
The route is designed to coordinate the draft orders of the Governor of the region as a matter of urgency and includes the following steps:
1) the stage "coordination by the coordinating deputy" - 1 day;
2) stage "coordination by interested coordinating authorities" (fan agreement) - 1 day;
3) stage "legal expertise" - 2 days;
4) the stage "coordination by the Deputy Governor of the region - the Head of the Staff of the Regional Administration" - 1 day;
5) stage "linguistic examination" - 1 day.
2.9. Typical route "Urgent draft resolution of the Regional Administration".
The route is designed to urgently coordinate draft resolutions of the Regional Administration and includes the following steps:
1) the stage "coordination by the coordinating deputy" - 1 day;
2) stage "coordination by interested coordinating authorities" (fan agreement) - 1 day;
3) stage "legal expertise" - 2 days;
4) the stage "coordination by the Deputy Governor of the region - the Head of the Staff of the Regional Administration" - 1 day;
5) stage "linguistic examination" - 1 day.
2.10. Typical route "Urgent draft order of the Administration of the region".
The route is designed to coordinate draft orders of the Regional Administration as a matter of urgency and includes the following stages:
1) the stage "coordination by the coordinating deputy" - 1 day;
2) stage "coordination by interested coordinating authorities" (fan agreement) - 1 day;
3) stage "legal expertise" - 2 days;
4) the stage "coordination by the Deputy Governor of the region - the Head of the Staff of the Regional Administration" - 1 day;
5) stage "linguistic examination" - 1 day.
2.11. Typical route "Urgent draft resolution of the Administration of the region on amendments to the state program of the Pskov region".
The route is designed to coordinate draft resolutions of the Regional Administration on amending the state programs of the Pskov Region as a matter of urgency and includes the following steps:
1) the stage "coordination by the coordinating deputy" - 1 day;
approval by the Control Department of the Regional Administration - 3 days;
4) the stage "coordination by the Deputy Governor of the region - the Head of the Staff of the Regional Administration" - 1 day;
5) stage "linguistic examination" - 1 day.
Decree of the Regional Administration dated July 1, 2016 N 218).
2.12. Typical route "Urgent draft order of the Administration of the region on the approval of the plan for the implementation of the state program of the Pskov region."
The route is designed to coordinate draft orders of the Regional Administration on the approval of plans for the implementation of state programs in the Pskov region, draft orders on amending the plans for the implementation of state programs in the Pskov region as a matter of urgency and includes the following steps:
1) the stage "coordination by the coordinating deputy" - 1 day;
2) stage "coordination by interested coordinating authorities" (rolling approval) - 3 days, including:
approval by the State Committee of the Pskov region for economic development and investment policy - 3 days;
approval by the State Financial Administration of the Pskov region - 3 days;
approval by the Deputy Governor of the region, coordinating the activities of the Administration of the region in the field of economic and investment activities - 3 days;
coordination by other coordinating authorities, whose competence includes the issues raised in the text of the draft legal act - 3 days;
3) stage "legal expertise" - 3 days;
4) the stage "coordination by the Deputy Governor of the region - the Head of the Staff of the Regional Administration" - 1 day;
5) stage "linguistic examination" - 1 day.
(Clause 2.11 is additionally included with 07/05/16 Resolution of the Regional Administration dated 07/01/2016 N 218).
3. Typical routes for coordinating draft orders on the Office of the Regional Administration
3.1. Typical route "Draft order on personnel".
The route is designed to coordinate draft orders for the Office of the Regional Administration on admission, dismissal, transfer to another position and includes the following steps:
1) stage "legal expertise" - 1 day;
2) stage "linguistic expertise" - 1 day;
3.2. Typical route "Draft order on granting leave."
The route is designed to coordinate draft orders for the Office of the Regional Administration on the provision of vacations and includes the stage "linguistic examination" - 1 day.
3.3. Typical route "Draft order for the main activity."
The route is designed to coordinate draft orders for the Regional Administration Office on the main activity and includes the following steps:
2) stage "legal expertise" - 2 days;
3.4. Typical route "Urgent draft order for the main activity."
The route is designed to coordinate draft orders on the main activity of the Regional Administration Office on an urgent basis and includes the following steps:
1) stage "coordination by interested coordinating authorities" (fan agreement) - 1 day;
2) stage "legal expertise" - 1 day;
3) stage "linguistic expertise" - 1 day.
(Clause 3.4 is additionally included with 07/05/16 Resolution of the Regional Administration dated 07/01/2016 N 218)
The text of the document is verified by:
official distribution
The revision of the document was prepared by the Pskov
representative office "Kodeks"
