Господдержка предприятий-производителей строительных материалов
July 31, 2020
Adopted by the State Duma on July 22, 2020
Approved by the Federation Council on July 24, 2020
Article 1. Scope of this Federal Law
1. This Federal Law determines the legal and organizational basis for establishing and assessing the application of the requirements contained in regulatory legal acts that are related to the implementation of entrepreneurial and other economic activities and the assessment of compliance with which is carried out within the framework of state control (supervision), municipal control, bringing to administrative responsibility , granting licenses and other permits, accreditation, product conformity assessment, other forms of assessment and examination (hereinafter referred to as mandatory requirements).
2. This Federal Law does not apply to relations related to the establishment and assessment of the application of mandatory requirements:
1) constituting a state secret or related to other information of limited access protected in accordance with the legislation of the Russian Federation;
2) established in the field of defense, state defense order, military-technical cooperation, state security, state protection, internal affairs (with the exception of requirements in terms of ensuring road safety), civil defense, crime prevention (including countering terrorism), promptly -investigative activities, protection of public order, ensuring public safety, countering the legalization (laundering) of proceeds from crime, financing terrorism and financing the proliferation of weapons of mass destruction, arms trafficking, ensuring the security of fuel and energy facilities and anti-terrorist security of facilities (territories), activities of security units, private security activities and private detective activities;
3) established in the event of a threat of occurrence and (or) the occurrence of individual emergencies, the introduction of a high alert or emergency situation throughout the territory of the Russian Federation or in its part;
4) in the sphere of the legislation of the Russian Federation on taxes and fees, the budgetary legislation of the Russian Federation, the legislation of the Russian Federation on currency regulation and currency control, the legislation of the Russian Federation on customs regulation and customs in the Russian Federation;
5) in the field of using atomic energy, ensuring nuclear and radiation safety and protecting important state facilities;
6) established by the standards and procedures for the provision of medical care, clinical guidelines and federal state educational standards;
7) established by regulatory legal acts, which are recognized as subject to application and (or) put into effect on the territory of the Russian Federation International Financial Reporting Standards and International Auditing Standards established by federal accounting standards developed on the basis of International Financial Reporting Standards, as well as established by the Central Bank Russian Federation.
3. The procedure for establishing mandatory requirements for products or for products and processes related to product requirements (including research), production, construction, installation, adjustment, operation, storage, transportation, sale and disposal is determined by the Treaty on the Eurasian Economic Union of May 29 2014, acts constituting the law of the Eurasian Economic Union, and the legislation of the Russian Federation on technical regulation.
Article 2. Legal regulation of the establishment of mandatory requirements
1. Mandatory requirements are established by federal laws, the Treaty on the Eurasian Economic Union of May 29, 2014, acts constituting the law of the Eurasian Economic Union, the provisions of international treaties of the Russian Federation that do not require the issuance of domestic acts for their application and in force in the Russian Federation, regulatory legal acts subjects of the Russian Federation, municipal regulatory legal acts.
2. In cases and within the limits established by federal laws, mandatory requirements may be established by decrees of the President of the Russian Federation.
3. In the cases and within the limits that are established by federal laws, decrees of the President of the Russian Federation, mandatory requirements may be established by regulatory legal acts of the Government of the Russian Federation, federal executive bodies.
4. In accordance with the Federal Law of December 1, 2007 N 317-FZ "On the State Atomic Energy Corporation" Rosatom "and the Federal Law of July 13, 2015 N 215-FZ" On the State Corporation for Space Activities "Roskosmos" mandatory requirements may be established, respectively, by regulatory legal acts of the State Atomic Energy Corporation "Rosatom" and the State Corporation for Space Activities "Roskosmos" (hereinafter referred to as authorized organizations).
5. The procedure for establishing and assessing the application of mandatory requirements established by regulatory legal acts of the constituent entities of the Russian Federation, municipal regulatory legal acts is determined by the specified regulatory legal acts on the basis of the Federal Law of October 6, 1999 N 184-FZ "On general principles of organizing legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation "and Federal Law of October 6, 2003 N 131-FZ" On the General Principles of Organization of Local Self-Government in the Russian Federation "taking into account the principles of establishing and assessing the application of mandatory requirements determined by this Federal Law.
6. The powers to establish mandatory requirements imposed by federal laws on federal executive bodies and authorized organizations may not be exercised by other bodies and organizations.
7. Mandatory requirements providing for the establishment of permissive regimes for citizens and organizations (in the forms of licensing, accreditation, certification, inclusion in the register, attestation, examination, obtaining approvals, opinions and other permits) are established by federal laws, and in cases specified federal laws, regulatory legal acts of the President of the Russian Federation, the Government of the Russian Federation.
8. In the event that, in accordance with an international treaty of the Russian Federation, the adoption of a regulatory legal act of the Russian Federation establishing mandatory requirements is required, the provisions of this Federal Law shall apply to the establishment and assessment of the application of such mandatory requirements.
9. If, in accordance with the acts constituting the law of the Eurasian Economic Union, the legislation of the Russian Federation establishes mandatory requirements, the powers of the federal executive body or an authorized organization to establish such mandatory requirements shall be determined by federal law.
10. Abolition (liquidation), reorganization of a public authority, another body or an authorized organization authorized to establish mandatory requirements, other organizational changes that provide for the loss by these bodies or organizations of their powers to establish mandatory requirements, do not entail the termination of the adopted by them regulatory legal acts containing mandatory requirements.
11. In the event of the abolition (liquidation), reorganization of a public authority, another body or an authorized organization authorized to establish mandatory requirements, other organizational changes that provide for the loss of powers by these bodies or organizations to establish mandatory requirements, the relevant decisions must contain provisions on succession in relation to powers to change (cancel) mandatory requirements established by these bodies or organization.
12. In the event that the abolition (liquidation), reorganization of a public authority, another body or an authorized organization authorized to establish mandatory requirements, other organizational changes providing for the loss of powers by the said bodies or organization to establish mandatory requirements, were made without determining the legal succession in relation to powers to change (cancel) mandatory requirements established by these bodies or an organization, change (cancellation) of such mandatory requirements is carried out by a public authority, another body or an authorized organization authorized to establish mandatory requirements in the same area of legal regulation in which they were the corresponding mandatory requirements are established, or by a higher government authority.
Article 3. Validity of mandatory requirements
1. The provisions of regulatory legal acts establishing mandatory requirements must enter into force either from March 1 or September 1 of the corresponding year, but not earlier than ninety days after the day of official publication of the corresponding regulatory legal act, unless otherwise provided by federal law or an international treaty of the Russian Federation.
2. The provisions of part 1 of this article shall not apply to regulatory legal acts to be adopted in order to prevent terrorist acts and eliminate their consequences, to prevent threats to the country's defense and state security, in the event of a threat and (or) the occurrence of individual emergencies, the introduction of a regime of increased preparedness or an emergency situation on the entire territory of the Russian Federation or in its part, as well as regulatory legal acts aimed at preventing the occurrence of the consequences of circumstances that have occurred as a result of force majeure, that is, extraordinary and unavoidable circumstances under these conditions, in particular epidemics, epizootics, man-made accidents and disasters.
3. When establishing and assessing the application of mandatory requirements in accordance with Articles 11 and 12 of this Federal Law, such requirements are subject to assessment for compliance with the principles established by this Federal Law, as well as for achieving the goals of establishing mandatory requirements.
4. A regulatory legal act of the Government of the Russian Federation, a federal executive body or an authorized organization containing mandatory requirements must provide for its validity period, which may not exceed six years from the date of its entry into force, with the exception of cases established by federal law or adopted in in accordance with it, a regulatory legal act of the Government of the Russian Federation.
5. Based on the results of the assessment of the application of mandatory requirements in the manner determined by the Government of the Russian Federation, a decision may be made to extend the period of validity established by a regulatory legal act containing mandatory requirements for no more than six years.
6. The provisions of parts 4 and 5 of this article shall not apply to regulatory legal acts of the Government of the Russian Federation, federal executive bodies aimed at the implementation of public-private partnership projects, including the achievement of the goals and objectives of such projects, which are carried out on the basis of agreements on public-private partnership provided for by the Federal Law of July 13, 2015 N 224-FZ "On public-private partnership, municipal-private partnership in the Russian Federation and amendments to certain legislative acts of the Russian Federation", the public partner of which is the Russian Federation.
7. In the event that conflicting mandatory requirements apply to the same object and subject of regulation, established by regulatory legal acts of different legal force, the mandatory requirements established by a regulatory legal act of greater legal force shall apply. In the event of conflicting mandatory requirements in relation to the same object and subject of regulation, established by regulatory legal acts of equal legal force, the person is considered to comply with the mandatory requirements in good faith and shall not be subject to liability if he has ensured compliance with one of such mandatory requirements.
8. In case of cancellation (invalidation) of a normative legal act, which establishes the authority to adopt a normative legal act containing mandatory requirements, normative legal acts previously issued on the basis of a canceled (invalidated) normative legal act shall not be applied on the territory of the Russian Federation. Federation from the date of cancellation (invalidation) of the normative legal act, which established the authority to adopt such an act, provided that the authority to adopt the relevant normative legal act was not established by another regulatory legal act.
Article 4. Principles for establishing and assessing the application of mandatory requirements
The principles for establishing and assessing the application of mandatory requirements are:
1) legality;
2) the validity of the mandatory requirements;
3) legal certainty and consistency;
4) openness and predictability;
5) the enforceability of mandatory requirements.
Article 5. Legality
1. Mandatory requirements are established in the manner determined by this Federal Law, solely for the purpose of protecting life, health of people, morality, rights and legitimate interests of citizens and organizations, not causing harm (damage) to animals, plants, the environment, national defense and state security, objects of cultural heritage, protection of other legally protected values (hereinafter - legally protected values).
2. Application of mandatory requirements by analogy is not allowed.
3. Compliance with the principle of legality is ensured, inter alia, by compliance with the requirements for the conditions for establishing mandatory requirements.
Article 6. Justification of mandatory requirements
1. The necessary conditions for establishing mandatory requirements are the presence of a risk of harm (damage) to legally protected values, the elimination of which is aimed at establishing mandatory requirements, and the possibility and sufficiency of establishing mandatory requirements as measures to protect legally protected values.
2. Mandatory requirements must correspond to the modern level of development of science, technology and technology in the relevant field of activity, development of the national economy and material and technical base.
3. The assessment of the presence of a risk of harm (damage) to legally protected values, carried out by the federal executive body or an authorized organization when developing a draft regulatory legal act establishing mandatory requirements, should be based on an analysis of objective and regularly collected information about the level of harm caused to values protected by law ( damage) and (or) other information in relation to relations, the regulation of which is supposed to establish mandatory requirements.
4. When establishing mandatory requirements, the existence and effectiveness of the application of alternative measures to prevent harm (damage) to legally protected values are assessed.
Article 7. Legal certainty and consistency
1. The content of mandatory requirements must comply with the principle of legal certainty, that is, be clear, logical, understandable to both the law enforcement officer and other persons, must not lead to contradictions in their application, and must also be consistent with the goals and principles of legislative regulation of one or another sphere and the legal system as a whole.
2. Mandatory requirements should be in a systemic unity, ensuring the absence of duplication of mandatory requirements, as well as contradictions between them.
3. Mandatory requirements established in relation to one and the same subject of regulation should not contradict each other.
Article 8. Openness and predictability
1. Draft normative legal acts establishing mandatory requirements are subject to public discussion.
2. The terms of entry into force of a normative legal act establishing mandatory requirements should be determined based on the time required for state authorities, citizens and organizations to prepare to carry out activities in accordance with the established mandatory requirements, taking into account the provisions of Article 3 of this Federal Law.
3. The mandatory requirements contained in normative legal acts not published in accordance with the established procedure are not applied.
4. Mandatory requirements must be brought to the attention of the persons obliged to comply with them, through the publication of normative legal acts establishing the specified mandatory requirements, in compliance with the appropriate procedure.
5. The list of regulatory legal acts (their individual provisions) containing mandatory requirements, the assessment of compliance with which is carried out within the framework of state control (supervision), bringing to administrative responsibility, granting licenses and other permits, accreditation, shall be posted on the official websites of state authorities, exercising state control (supervision), granting licenses and other permits, accreditation, with the texts of the current regulatory legal acts. The procedure for posting and updating the lists of regulatory legal acts (their individual provisions) containing mandatory requirements is established by the Government of the Russian Federation.
Article 9. Enforceability of mandatory requirements
1. Mandatory requirements must be enforceable. When establishing mandatory requirements, the costs of the persons in respect of whom they are established for their implementation are estimated. These costs should be commensurate with the risks avoided by these mandatory requirements under normal conditions of civil circulation.
2. The establishment of mandatory requirements that exclude the possibility of fulfilling other mandatory requirements is not allowed.
3. When establishing mandatory requirements, the risks of their subsequent selective application should be minimized.
Article 10. Conditions for establishing mandatory requirements
1. When establishing mandatory requirements by regulatory legal acts of the Government of the Russian Federation, a federal executive body or an authorized organization, the principles established by this Federal Law must be observed and determined:
1) the content of mandatory requirements (conditions, restrictions, prohibitions, obligations);
2) persons obligated to comply with mandatory requirements;
3) depending on the object of establishing mandatory requirements:
a) the activities carried out, the actions performed in relation to which the mandatory requirements are established;
b) persons and facilities used, to which mandatory requirements are imposed in the implementation of activities, performance of actions;
c) the results of the implementation of activities, the performance of actions in relation to which mandatory requirements are established;
4) forms of assessing compliance with mandatory requirements (state control (supervision), bringing to administrative responsibility, granting licenses and other permits, accreditation, product conformity assessment and other forms of assessment and examination);
5) federal executive bodies and authorized organizations that assess compliance with mandatory requirements.
2. In order to ensure the systematization of mandatory requirements and to inform interested parties, a register of mandatory requirements is created containing a list of mandatory requirements, information on the regulatory legal acts that established them, and their validity period.
3. The procedure for the formation, maintenance and updating of the register of mandatory requirements, including the sphere of public relations in respect of which it is maintained, the operator of the register of mandatory requirements, the list of information contained in the specified register and the obligations of federal executive bodies and authorized organizations to enter it are established by the Government Russian Federation. The Government of the Russian Federation also has the right to approve requirements for the form and format of establishing mandatory requirements in order to translate them into a machine-readable form (format).
Article 11. Evaluation of draft regulatory legal acts establishing mandatory requirements
1. Federal executive bodies and authorized organizations, when developing a draft regulatory legal act establishing mandatory requirements, conduct an assessment of the regulatory impact.
2. The rules for conducting a regulatory impact assessment in relation to draft regulatory legal acts developed by federal executive bodies and authorized organizations are determined by the Government of the Russian Federation. The Government of the Russian Federation may establish additional requirements for the development by federal executive bodies and authorized organizations of draft normative legal acts establishing mandatory requirements.
3. In order to assess mandatory requirements for compliance with the legislation of the Russian Federation, a legal examination of a draft regulatory legal act establishing mandatory requirements and state registration of regulatory legal acts of federal executive bodies establishing mandatory requirements are carried out.
Article 12. Assessment of the application of mandatory requirements
1. The federal executive body in charge of legal regulation in the relevant area of public relations, or an authorized organization in the manner determined by the Government of the Russian Federation, prepares a report on the achievement of the goals of introducing mandatory requirements. This procedure also determines the procedure for considering a report on the achievement of the goals of introducing mandatory requirements and making a decision on extending the validity period of a regulatory legal act establishing mandatory requirements, or assessing the actual impact of a regulatory legal act establishing mandatory requirements.
2. Assessment of the actual impact of regulatory legal acts that establish mandatory requirements is carried out in order to analyze the validity of the established mandatory requirements, to determine and assess the actual consequences of their establishment, to identify excessive conditions, restrictions, prohibitions, obligations.
3. The assessment of the actual impact is carried out in relation to a regulatory legal act establishing mandatory requirements, in the manner determined by the Government of the Russian Federation. The specified procedure also determines the procedure and grounds for invalidating or revising regulatory legal acts of the Government of the Russian Federation, federal executive bodies and authorized organizations, and their provisions establishing mandatory requirements.
Article 13. Experimental legal regime
1. An experimental legal regime consists in the application for a certain period of time of special regulation in relation to a certain group of persons or in a certain territory, including in full or partial refusal from the application by a certain group of persons or in a certain territory of mandatory requirements, or in refusal to implement permissive activities in relation to the object of permitting activity.
2. The procedure for establishing and the period of validity of the experimental legal regime provided for in Part 1 of this Article in the sphere of application of mandatory requirements shall be determined in accordance with federal laws.
Article 14. Bye-law of mandatory requirements
1. The federal executive authorities in relation to the normative legal acts adopted by them give official explanations of the mandatory requirements solely for the purpose of clarifying their content. Bye-law cannot establish new mandatory requirements, nor can they change the meaning of mandatory requirements and go beyond the clarified mandatory requirements.
2. Official explanations of mandatory requirements are approved by the head (deputy head) of the federal executive body.
3. Federal executive bodies exercising powers of state control (supervision) must be guided by official explanations of the mandatory requirements of federal executive bodies specified in Part 1 of this article. The activities of persons obligated to comply with mandatory requirements and the actions of their employees, carried out in accordance with official clarifications of mandatory requirements, cannot be qualified as a violation of mandatory requirements.
4. Federal executive bodies exercising legal regulation in the relevant sphere of public relations, and federal executive bodies exercising powers of state control (supervision) shall ensure that persons obliged to comply with mandatory requirements (hereinafter referred to as controlled persons) are informed about the procedure compliance with mandatory requirements, the rights and obligations of controlled persons, the powers of federal executive bodies exercising powers for state control (supervision), and their officials, other issues of compliance with mandatory requirements.
5. Controlled persons are informed, among other things, by issuing guidelines on compliance with mandatory requirements. Compliance guidelines include clarifications on how to comply with mandatory requirements, examples of compliance with mandatory requirements, and recommendations for controlled entities to take specific measures to ensure compliance with mandatory requirements. The specified guidance cannot contain new mandatory requirements.
6. Guidelines for compliance with mandatory requirements are approved by the head of the federal executive body exercising powers of state control (supervision).
7. Compliance guidelines are applied on a voluntary basis by controlled entities.
8. Guidelines on compliance with mandatory requirements that affect the reduction of the risk of harm (damage) to legally protected values and for the violation of which administrative liability is provided, as well as guidelines on compliance with mandatory requirements, violation of which is typical or massive, are subject to mandatory development and placement on the official website of the federal executive body exercising powers of state control (supervision), in the information and telecommunications network "Internet". The said federal executive body shall ensure public discussion of the draft guidelines on compliance with mandatory requirements, as well as its coordination with the federal executive body in charge of legal regulation in the relevant sphere of public relations.
9. The activities of the controlled persons and the actions of their employees, carried out in accordance with the guidelines for complying with mandatory requirements, cannot be qualified as a violation of mandatory requirements.
Article 15. Ensuring the implementation of the provisions of this Federal Law ("regulatory guillotine")
1. The Government of the Russian Federation, until January 1, 2021, in accordance with the list of types of state control (supervision) determined by it, shall ensure that the regulatory legal acts of the Government of the Russian Federation, federal executive bodies, legal acts of executive power are invalidated and are not valid on the territory of the Russian Federation. and administrative bodies of state power of the RSFSR and the USSR, containing mandatory requirements, compliance with which is assessed in the implementation of state control (supervision).
2. Regardless of whether the regulatory legal acts specified in part 1 of this article have been declared invalidated, not in force on the territory of the Russian Federation, or whether the normative legal acts specified in part 1 of this article have been canceled from January 1, 2021, when exercising state control (supervision), it is not allowed to assess compliance with mandatory requirements, contained in these acts if they entered into force before January 1, 2020.
3. Regardless of whether the regulatory legal acts specified in part 1 of this article have been declared invalidated, not effective on the territory of the Russian Federation, or whether the regulatory legal acts specified in part 1 of this article have been canceled from January 1, 2021, non-compliance with the requirements contained in these acts cannot be a basis for attracting to administrative responsibility if they entered into force before January 1, 2020.
4. The Government of the Russian Federation has the right to determine the list of normative legal acts or groups of normative legal acts in respect of which the provisions of parts 1, 2 and 3 of this article do not apply.
5.From January 1, 2021, in the lists of regulatory legal acts containing mandatory requirements, compliance with which is assessed in the implementation of types of state control (supervision) determined by the Government of the Russian Federation in accordance with part 1 of this article, approved in accordance with part 5 of article 8 of this Of the Federal Law, normative legal acts that entered into force before January 1, 2020, with the exception of normative legal acts or groups of normative legal acts included in the list approved by the Government of the Russian Federation in accordance with part 4 of this article, cannot be included.
6.From January 1, 2021, when exercising state control (supervision), granting licenses and other permits, accreditation, it is not allowed to assess compliance with the mandatory requirements contained in officially unpublished regulatory legal acts, with the exception of mandatory requirements constituting a state secret or related to other information of limited access protected in accordance with the legislation of the Russian Federation.
7. The provisions of this article do not apply to regulatory legal acts in the field of the electric power industry, regulatory legal acts of the Government of the Russian Federation, federal executive bodies aimed at implementing public-private partnership projects, including achieving the goals and objectives of such projects that are implemented on the basis of agreements on public-private partnership stipulated by the Federal Law of July 13, 2015 N 224-FZ "On public-private partnership, municipal-private partnership in the Russian Federation and amendments to certain legislative acts of the Russian Federation", the public partner of which is the Russian Federation.
Article 16. Procedure for the entry into force of this Federal Law
1. This Federal Law shall enter into force on November 1, 2020, with the exception of provisions for which this article establishes other terms for their entry into force.
2. Part 1 of Article 3 of this Federal Law shall enter into force on February 1, 2021.
3. Parts 2 and 3 of Article 10 of this Federal Law shall enter into force on March 1, 2021.
President of the Russian Federation V. Putin
Moscow Kremlin
July 31, 2020
No. 247-FZ
Господдержка предприятий-производителей строительных материалов
