国内政策【切换】 国际政策

俄罗斯联邦立法集 2022 年 10 月 10 日第 41号，第 7091条（英文）

When conducting counseling during control (supervisory) activities, a record of the consultation is placed in the inspection act reflecting the results of the control (supervisory) event (hereinafter referred to as the act of the control measure).

26. Authorized officials shall advise, including in writing, on the following issues:

(a) The procedure for the organization and exercise of State control;

b) prohibitions and restrictions related to the import into the Russian Federation and cultivation in the territory of the Russian Federation of seeds of agricultural plants (planting material), including those containing genetically engineered organisms;

c) requirements for the production, storage, use, transportation and sale of seeds of agricultural plants.

27. If during the calendar year 5 or more of the same type (on the same issues) appeals are received from various controlled persons and their representatives, such appeals are consulted by posting on the official website of the control body on the Internet a written explanation signed by an authorized official without specifying in such an explanation the information classified as restricted access.

Authorized officials take stock of the consultations.

28. A preventive visit shall be carried out by an authorized official in the form of a preventive conversation at the place of activity of the controlled person or by using video conferencing. During a preventive visit, the controlled person is informed of the mandatory requirements for his activities or for the objects of control belonging to him, their compliance with the risk criteria, grounds and recommended ways to reduce the risk category, as well as about the types, content and intensity of control (supervisory) measures carried out in relation to the controlled person based on his assignment to the appropriate risk category.

29. Mandatory preventive visits shall be carried out in respect of:

a) objects of state control classified as significant risk;

b) controlled persons embarking on the implementation of activities for the import of seeds of agricultural plants into the Russian Federation, as well as their storage, use, sale in the territory of the Russian Federation, transportation through the territory of the Russian Federation, work related to the production (cultivation) of seeds of agricultural plants.

30. In the event of a preventive visit in the form of a preventive conversation at the place where the activities of the controlled person are carried out, the authorized official must appear on the appointed day and time at the place of activity of the controlled person. If necessary, the controlled person provides personal protective equipment, compliance with other requirements in the field of labor protection.

During a preventive visit, the submission by the controlled person of the requested information, the provision of access to the objects of state control belonging to the controlled person is not mandatory.

In the case of a preventive visit through the use of video conferencing, the authorized official shall make such communication through the use of electronic means of communication.

If, during the preventive visit, it is established that the objects of state control pose a clear immediate threat of harm (damage) to the values protected by law or such harm (damage) has been caused, the authorized official who conducted the preventive visit shall immediately send information about this in the form of a report on the preventive visit to the head (deputy head) of the control body to make a decision on the conduct of the preventive visit control (supervisory) measures.

On the mandatory preventive visit, the controlled person is notified by the authorized official no later than 5 working days before the day of its conduct.

Notification of a mandatory preventive visit is sent to the address of the controlled person through the personal accounts of controlled persons in state information systems or by means of a postal service with a notification of receipt (if the controlled person does not have a personal account in state information systems).

Notification of a mandatory preventive visit is drawn up on paper or in the form of an electronic document.

A controlled person has the right to refuse to conduct a mandatory preventive visit by notifying the authorized official who sent a notification of the mandatory preventive visit no later than 3 working days before the day of its conduct.

The period of a preventive visit, including a mandatory preventive visit, may not exceed one working day.

The authorized official is obliged to invite controlled persons embarking on activities in the field of seed production of agricultural plants to conduct a preventive visit no later than within one year from the date of commencement of such activities.

IV. Implementation of State Control

31. Control (supervisory) measures shall be carried out in the form of:

(a) Random monitoring;

b) an inspection visit;

c) documentary verification;

d) on-site inspection;

e) monitoring compliance with mandatory requirements;

(e) On-site survey.

32. Special regimes of state control shall not be used.

33. State control shall be exercised by carrying out planned and unscheduled control (supervisory) measures specified in subparagraphs "a" - "d" of paragraph 31 of these Regulations, as well as control (supervisory) measures without interaction with the controlled person specified in subparagraphs "e" and "e" of paragraph 31 of these Regulations.

34. For each type of control (supervisory) measure, a list of control (supervisory) actions performed within the framework of the control (supervisory) measure is provided:

(a) Inspection;

b) inspection;

c) survey;

d) discovery of documents;

e) examination;

(e) Receipt of a written explanation;

g) sampling(s).

35. The inspection shall be carried out in the following order:

(a) The authorized official has the right to inspect any production facilities used by the controlled person relating to the subject of the control (supervisory) measure;

b) the authorized official may inspect the production facilities used by the controlled person to carry out activities related to the circulation of seeds;

c) by an authorized official, the inspection is carried out in the presence of the controlled person or his representative and (or) with the use of video recording;

d) based on the results of the inspection, the authorized official draws up an inspection protocol, which includes a list of inspected production facilities, as well as the type, number and other identification features of the surveyed objects of state control that are important for the control (supervisory) measure.