Documentation. Documents Decree 1428 of November 27

GOVERNMENT OF THE RUSSIAN FEDERATION

ON INTRODUCING AMENDMENTS TO THE RULES OF DISPOSAL OF FUNDS (PART OF FUNDS)
MATERNITY (FAMILY) CAPITAL FOR IMPROVEMENT OF HOUSING CONDITIONS

Government Russian Federation decides:

1. Approve the attached changes that are being made to the Rules for the allocation of funds (part of the funds) of maternity (family) capital for improving housing conditions, approved by Decree of the Government of the Russian Federation of December 12, 2007 No. 862 (Collected Legislation of the Russian Federation, 2007, No. 51, article 6374; 2009, No. 50, article 6102).

2. Establish that the Ministry regional development of the Russian Federation is an authorized federal executive body that approves the form of a document confirming the performance of the main work on the construction of an individual housing construction(installation of the foundation, erection of walls and roofing) or carrying out work on the reconstruction of an individual housing construction object, as a result of which the total area of \u200b\u200bthe residential premises (residential premises) of the reconstructed object increases by at least the accounting norm for the area of \u200b\u200bthe residential premises established in accordance with the housing legislation of the Russian Federation Federation.

3. To the Ministry of Regional Development of the Russian Federation
submit within 3 months to the Government of the Russian Federation in accordance with the established procedure a draft regulatory legal act, which determines the procedure for issuing a document confirming the performance of the main work on the construction of an individual housing construction object (installation of the foundation, erection of walls and roofing) or the performance of work on the reconstruction of an individual housing construction object, as a result of which total area residential premises (residential premises) of the object being reconstructed increases by at least the accounting norm for the area of \u200b\u200bthe residential premises, established in accordance with the housing legislation of the Russian Federation.

Prime Minister
Russian Federation
V. PUTIN

Approved
Government Decree
Russian Federation
of November 27, 2010 N 937

I C M E N E N I,
WHICH ARE INTRODUCED TO THE RULES FOR DISPOSAL OF FUNDS
(PARTS OF FUNDING) MATERNITY (FAMILY)
CAPITAL FOR IMPROVEMENT OF HOUSING CONDITIONS

1. Paragraph 2 shall be stated as follows:
"2. A person who has received a state certificate for maternity (family) capital (hereinafter referred to as the certificate) has the right to use the funds (part of the funds) of maternity (family) capital:
for the acquisition or construction of residential premises carried out by citizens through the conclusion of any transactions that do not contradict the law and participation in obligations (including participation in housing, housing construction and housing savings cooperatives), by non-cash transfer of these funds to the organization that alienates (constructs) the acquired (under construction ) residential premises, or to an individual alienating the acquired residential premises, or to an organization, including a credit institution, that provided under a loan agreement (loan agreement) cash for the specified purposes;
for the construction or reconstruction of an object of individual housing construction, carried out by citizens without the involvement of an organization that performs the construction (reconstruction) of an object of individual housing construction, including under a construction contract (hereinafter referred to as the construction organization), as well as for compensation of costs incurred for construction or reconstruction in this way, the object of individual housing construction, by transferring the specified funds to the bank account of the person who received the certificate.
A person who has received a certificate has the right to use the funds (part of the funds) of maternity (family) capital for the acquisition, construction of residential premises, as well as for the construction or reconstruction of an individual housing construction facility without the involvement of a construction organization, carried out by a person who is in a registered marriage with a person who received certificate (hereinafter referred to as the spouse of the person who received the certificate).

2. The second sentence of paragraph 5 shall be stated as follows:
“In the case of directing funds (part of the funds) of maternity (family) capital for the acquisition, construction of residential premises, as well as for the construction or reconstruction of an individual housing construction facility without involving construction organization carried out by the spouse of the person who received the certificate, such a circumstance is indicated in the application.

3. Subparagraphs "d" and "e" of paragraph 6 shall be supplemented with the words "or if the construction or reconstruction of an individual housing construction facility is carried out by the spouse of the person who received the certificate."

4. In paragraph 8:
a) in subparagraph "a", after the words "residential premises", add the words "(contracts for the sale of residential premises with installment payment)";
b) subparagraph "b" shall be stated in the following wording:
"b) a copy of the certificate of state registration of ownership of the residential premises of the person who received the certificate, and (or) his spouse, who purchases the residential premises using maternity (family) capital (except for the case when the contract for the sale of residential premises with payment by installments provides that the ownership of the acquired residential premises passes to the buyer after full payment of the contract price);”;
c) subparagraph "c" shall be recognized as invalid;
d) subparagraph "d" shall be amended as follows:
"d) if the residential premises are not designed in common property of the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children) or the state registration of ownership of the dwelling has not been carried out - a written obligation of the person (persons) who is the buyer, certified in accordance with the procedure established by the legislation of the Russian Federation under a contract for the sale of residential premises (a contract for the sale of residential premises with installment payment) using funds (part of the funds) of maternity (family) capital, register the residential premises in the common ownership of the person who received the certificate, his spouse, children (including first, second, third child and subsequent children) with the determination of the size of the shares by agreement within 6 months after the transfer pension fund Russian Federation of maternity (family) capital funds to a person expropriating residential premises, and in case of acquisition of residential premises under a contract for the sale of residential premises with an installment payment - within 6 months after making the last payment, completing the payment of the cost of residential premises in full; »;
e) supplement with subparagraph "e" of the following content:
"e) a certificate from the person expropriating the residential premises under a contract for the sale of residential premises with installment payment, concluded with the person who received the certificate, or with the spouse of the person who received the certificate, about the amount of the remaining unpaid amount under the agreement - if the acquisition of the residential premises carried out under a contract for the sale of residential premises with an installment payment.

5. Supplement with paragraph 8 1 of the following content:
“8 1 . The amount of funds (part of the funds) of maternity (family) capital directed to pay for obligations under the contract for the sale of residential premises (contract for the sale of residential premises with installment payment) cannot exceed the price of the contract or the amount of the remaining unpaid amount under the contract.

6. In subparagraph "c" of paragraph 9, the words "and other family members living with them" shall be deleted.

7. In paragraph 10:
a) in the first paragraph, the words "individual residential building" shall be replaced by the words "individual housing construction facility, carried out with the involvement of a construction organization,";
b) in subparagraph "c" the words "and other family members living with them" shall be excluded;
c) add subparagraph "d" with the following content:
"d) a copy of a document confirming the ownership of the person who received the certificate, or the spouse of the person who received the certificate, to the land plot on which the construction of an individual housing construction facility is carried out, or the right to permanent (unlimited) use of such land plot, or the right of lifetime inheritable possession of such a land plot, or the right to lease such a land plot, or the right to free fixed-term use of a land plot that is intended for housing construction and on which the construction of an individual housing construction facility is carried out.

8. Supplement with paragraphs 10 1 - 10 4 of the following content:
“10 1 . Funds (part of the funds) of maternity (family) capital are directed to the construction or reconstruction of an individual housing construction object carried out by citizens without the involvement of a construction organization in the following order:
a) initially in an amount not exceeding 50 percent of the amount of maternity (family) capital due to the person who received the certificate as of the date of submission of the application;
b) after 6 months from the date of the initial allocation of part of the funds of the maternity (family) capital for improvement living conditions subject to the requirement to perform the main work on the construction of an individual housing construction object (installation of a foundation, erection of walls and roofs) or to carry out work on the reconstruction of an individual housing construction object, as a result of which the total area of \u200b\u200bthe residential premises (residential premises) of the reconstructed object increases by at least the accounting norm for the area of a dwelling, established in accordance with the housing legislation of the Russian Federation.
10 2 . To direct part of the maternity (family) capital funds to improve housing conditions in accordance with subparagraph "a" of paragraph 10 1 of these Rules, the person who received the certificate, along with the documents specified in paragraph 6 of these Rules, submits certified in the prescribed manner:

a copy of the building permit issued to the person who received the certificate or the spouse of the person who received the certificate;
a copy of the certificate of state registration of the property right of the person who received the certificate, or the spouse of the person who received the certificate, to an individual housing construction object - if the funds (part of the funds) of the maternity (family) capital are directed to its reconstruction;
a written obligation of the person (persons) for whom the building permit is issued, within 6 months after receiving the cadastral passport of the individual housing construction object, to issue a residential building built (reconstructed) using funds (part of the funds) of maternity (family) capital, into common ownership the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children) with the determination of the size of the shares by agreement.
The person who received the certificate also submits a document confirming that he has a bank account, indicating the details of this account.
10 3 . To direct part of the maternity (family) capital funds to improve housing conditions in accordance with subparagraph "b" of paragraph 10 1 of these Rules, the person who received the certificate, along with the documents specified in paragraph 6 of these Rules, shall submit:
a) a document issued by the body authorized to issue a building permit, confirming the performance of the main work on the construction of an individual housing construction object (installation of the foundation, erection of walls and roofs) or the performance of work on the reconstruction of an individual housing construction object, as a result of which the total area of \u200b\u200bthe residential premises (residential premises) of the object being reconstructed increases by at least the accounting norm for the area of \u200b\u200bthe residential premises, established in accordance with the housing legislation of the Russian Federation;
b) a document confirming that the person who received the certificate has a bank account, indicating the details of this account.
10 4 . In the case of directing funds (part of the funds) of maternity (family) capital to compensate for the costs incurred for the construction of an individual housing construction object, the ownership of which arose not earlier than January 1, 2007, or for the reconstruction of an individual housing construction object carried out after January 1 2007, regardless of the date of the emergence of the right of ownership to an object of individual housing construction that has undergone reconstruction, carried out by the person who received the certificate, or the spouse of the person who received the certificate, subject to the requirements provided for in paragraph 10 1 of these Rules, the person who received the certificate, simultaneously with the documents specified in paragraph 6 of these Rules, represents certified in the prescribed manner:
a copy of the document confirming the right of ownership of the person who received the certificate, or the spouse of the person who received the certificate, to the land plot on which the construction of an individual housing construction facility is being carried out, or the right to permanent (unlimited) use of such a land plot, or the right to life-long inheritable possession of such a land plot , or the right to lease such a land plot, or the right to free fixed-term use of a land plot that is intended for housing construction and on which the construction of an individual housing construction facility is carried out;
a copy of the certificate of state registration of ownership of an individual housing construction object that arose not earlier than January 1, 2007, or a copy of the certificate of state registration of ownership of an individual housing construction object reconstructed after January 1, 2007 - regardless of the date of occurrence of ownership of an object of individual housing construction that has undergone reconstruction;
a written obligation of the person (persons), who owns the object of individual housing construction, to register the specified object in the common ownership of the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children) with the determination of the size of shares according to agreement within 6 months after the transfer of maternity (family) capital funds by the Pension Fund of the Russian Federation - if the individual housing construction object is not registered in the common property of the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children).
The person who received the certificate also submits a document confirming that he has a bank account, indicating the details of this account.

9. In paragraph 11:
a) subparagraph "d" shall be recognized as invalid;
b) in subparagraph "e" the words "and other family members cohabiting with them" shall be deleted.

10. In subparagraph "c" of paragraph 12, the words "and other family members living with them (with the determination of the size of shares by agreement)" shall be replaced by the words "with the determination of the size of shares by agreement".

11. In paragraph 13:
a) in the first paragraph, the words "or on account of payment of the price of the contract for the sale of residential premises with installment payment" shall be deleted;
b) in subparagraph "a" the words "or a copy of the contract for the sale of residential premises with an installment payment that has passed state registration in the prescribed manner" to exclude;
c) in subparagraph "b" the words "or a certificate of the person exchanging the alienation of the residential premises under the contract of sale with installment payment, on the amount of the remaining unpaid amount under the contract" shall be excluded;
d) in subparagraph "d" the words "(except for the case of the acquisition of residential premises under a contract of sale with installment payment)" shall be deleted;
e) in subparagraph "g":
in the first paragraph, the words “and other family members living with them (with the determination of the size of shares by agreement)” shall be replaced by the words “with the determination of the size of shares by agreement”;
Delete the fourth paragraph.

12. Paragraph 15 shall be stated as follows:
"15. Dwelling premises, an object of individual housing construction, for the acquisition, construction or reconstruction of which funds (part of the funds) of maternity (family) capital are allocated, must be located on the territory of the Russian Federation.

13. Paragraph one of clause 16 shall be supplemented with the words "or to the bank account of the person who received the certificate, in the case of directing funds (part of the funds) of maternity (family) capital for the construction (reconstruction) of an individual housing construction carried out by citizens without the involvement of an organization engaged in construction (reconstruction) of an individual housing construction object, or in the case of directing funds (part of the funds) of maternity (family) capital to compensate for the costs incurred for the construction (reconstruction) of an individual housing construction object.

14. Paragraph 17 shall be stated as follows:
“17. If the application is satisfied, the transfer of funds (part of the funds) of the maternity (family) capital is carried out by the Pension Fund of the Russian Federation (territorial body of the Pension Fund of the Russian Federation) no later than 2 months from the date of acceptance of the application.

15. Paragraph 18 shall be declared invalid.

real federal law.

3. To be included in the register of owners of temporary storage warehouses, the register of owners of customs warehouses and the register of duty-free shops, a legal entity shall submit a separate application in respect of each territorially separate premises and (or) each territorially separate open area, which are intended respectively for use as a temporary warehouse storage, bonded warehouse or sales area of a duty-free shop.

4. The documents provided for by parts 2 and 3 of this article may be submitted by the applicant in the form of originals or copies certified by the person who submitted them, by the authorized bodies that issued such documents, or certified by a notary. When submitting copies of documents certified by the person who submitted them, the customs authority, if necessary, checks the conformity of copies of these documents with their originals, after which the originals of such documents are returned to the person who submitted them. Upon completion of consideration of the application for inclusion in the register, the customs authority is obliged to return to the applicant, at his request, the originals of the submitted documents. Documents confirming the provision of security for the payment of customs duties and taxes to the customs authority shall be submitted in the original.

4. The documents provided for by parts 2 and 3 of this article may be submitted by the applicant in the form of originals or copies certified by the person who submitted them, by the authorized bodies that issued such documents, or notarized. When submitting copies of documents certified by the person who submitted them, the customs authority, if necessary, checks the conformity of copies of these documents with their originals, after which the originals of such documents are returned to the person who submitted them. Upon completion of consideration of the application for inclusion in the register, the customs authority is obliged to return to the applicant, at his request, the originals of the submitted documents. Documents confirming the provision of security for the payment of customs duties and taxes to the customs authority shall be submitted in the original.

5. Documents confirming the provision to the customs authority of security for the payment of customs duties and taxes may be submitted by the applicant no later than 30 days from the date of sending by the customs authority of a notification of the adoption of a preliminary decision on compliance with other conditions for the inclusion of a legal entity in the relevant register.

6. The customs authority considers an application for inclusion in the register within a period not exceeding 30 days from the date of its receipt, except for the cases specified in parts 7 and 10 of this article, and makes a decision to include or refuse to include a legal entity in the relevant register persons carrying out activities in the field of customs.

7. In the event that the applicant, along with the application for inclusion in the register, did not submit documents confirming the provision to the customs authority of the appropriate security for the payment of customs duties and taxes, subject to other conditions for the inclusion of a legal entity in the relevant register established by the customs legislation of the Customs Union and this Federal by law, the customs authority makes a preliminary decision on compliance with these conditions and notifies the applicant thereof within the period specified in paragraph 6 of this article. In this case, the customs authority makes a decision to include the legal entity in the relevant register no later than 10 days after the day the applicant submits to the customs authority documents confirming the provision of the appropriate security for the payment of customs duties and taxes.

8. In order to verify the compliance of the premises and territories declared as a temporary storage warehouse, customs warehouse or duty-free shop with the requirements and conditions established in accordance with this Federal Law, the customs authority shall conduct a customs inspection of these premises and (or) territories.

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9. If the documents submitted by a legal entity together with an application for inclusion in the relevant register do not meet the requirements of the legislation of the Russian Federation on the procedure for their preparation and issuance, the information in them is illegible or there are corrections in them, the customs authority considering the application for inclusion in the relevant register, has the right to request from third parties, as well as from state bodies, documents confirming the information specified by the applicant. These persons and government bodies are obliged to submit the requested documents within 10 calendar days from the day following the day of receipt of the request.

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9. If the documents submitted by a legal entity do not meet the requirements of the legislation of the Russian Federation on the procedure for their preparation and issuance, contain conflicting or illegible information, or there are corrections in the submitted documents, the customs authority considering the application for inclusion in the register has the right to request from third parties , as well as from state bodies documents confirming the information specified by the legal entity. These persons and state bodies are obliged to submit the requested documents within 10 days from the date of receipt of the request.

10. In the case provided for by paragraph 9 of this article, the term for consideration of an application for inclusion in the register is extended by the time required by the customs authority to send a request and submit the requested documents by the persons. In this case, the total period for consideration of an application for inclusion in the register may not exceed 40 days from the date of receipt of such an application.

11. The inclusion of a legal entity in the relevant register of persons carrying out activities in the field of customs affairs is formalized by the decision of the customs authority in writing and is confirmed by the issuance of a certificate of inclusion in such a register, and when included in the register of customs carriers - by the issuance of a document confirming the status of a customs carrier to the head of the legal entity or other authorized representative of the legal entity against receipt or in another way confirming the fact and date of its receipt, within three working days from the date of such decision. The specified certificate is signed by the head of the customs authority or his deputy and certified by a seal.

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12. The customs authority decides to refuse to include in the relevant register of persons carrying out activities in the field of customs affairs, within a period not exceeding the period specified in paragraph 6 of this article, in cases of non-compliance with the conditions for inclusion in the relevant register, provided for by the Customs Code of the Customs Union and this Federal Law, and (or) failure to submit the documents provided for in parts 2 and 3 of this article, as well as in the event of a discrepancy between the information in the submitted documents and the information specified in the application for inclusion in the relevant register. In case of failure to submit documents confirming the provision to the customs authority of security for the payment of customs duties and taxes within the period established by paragraph 5 of this article, the customs authority within 10 days decides to refuse to be included in the relevant register. The decision to refuse inclusion in the relevant register of persons carrying out activities in the field of customs affairs shall be communicated to the head or other authorized representative of the legal entity in writing no later than three working days from the date of such a decision.

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12. The customs authority decides to refuse to include in the relevant register of persons carrying out activities in the field of customs affairs, within a period not exceeding the period specified in paragraph 6 of this article, in cases of non-compliance with the conditions for inclusion in the relevant register, provided for by the Customs Code of the Customs Union and this Federal Law, and (or) failure to submit the documents specified in parts 2 and 3 of this article. In case of failure to submit documents confirming the provision to the customs authority of security for the payment of customs duties and taxes within the period established by paragraph 5 of this article, the customs authority within 10 days decides to refuse to be included in the relevant register. The decision to refuse inclusion in the relevant register of persons carrying out activities in the field of customs affairs shall be communicated to the head or other authorized representative of the legal entity in writing no later than three working days from the date of such a decision.

13. The procedure for the implementation by the customs authorities of actions to include legal entities into the registers of persons carrying out activities in the field of customs affairs, their exclusion from these registers, the introduction of amendments to such registers, the suspension and resumption of the activities of these persons, as well as the forms of certificates of inclusion in the register of customs representatives, the register of owners of temporary storage warehouses, the register of owners of customs warehouses, the register of owners of duty-free shops, the register of authorized economic operators and the procedure for filling them out are determined by the federal executive body authorized in the field of customs affairs. The form of the document confirming the status of a customs carrier, in accordance with paragraph 4 of Article 18 of the Customs Code of the Customs Union, is established by a decision of the Commission of the Customs Union.

14. For consideration of applications for inclusion in the registers of persons carrying out activities in the field of customs affairs, and the inclusion of persons in these registers, no fee is charged.

Article 55

1. In the event of a change in the information provided for by parts 2 and 3 of this Federal Law, specified in the application for inclusion in the register of persons exercising activities in the field of customs, or in the documents attached to it, a legal entity included in one of the registers of persons exercising activities in the field of customs (its legal successor in the event of transformation of a legal entity), is obliged to inform the customs authority in writing about these changes within five working days from the date of occurrence of the events that led to changes in the relevant information, or from the day when the person became aware of their offensive, and submit documents in which changes have been made or which confirm the change in information.

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2. In the event of a change in the information contained in the documents provided for by Parts 2 and 3 of Article 54 of this Federal Law, and which are indicated in the relevant register of persons carrying out activities in the field of customs affairs, a legal entity included in such a register, within five working days days from the day of the occurrence of events that led to a change in the relevant information, or from the day when such a person became aware of their occurrence, applies to the customs authority with a completed free form an application for making changes to the relevant register of persons carrying out activities in the field of customs. An application for making changes to the relevant register of persons carrying out activities in the field of customs shall be submitted on paper or in the form electronic document signed with an enhanced qualified electronic signature using the federal state information system "Unified Portal of State and Municipal Services (Functions)".

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2. The customs authority, within 15 working days from the day following the day of receipt of the information specified in paragraph 1 of this article, checks the compliance of the newly specified information with the conditions established for the inclusion of a legal entity in the relevant register of persons carrying out activities in the field of customs affairs, makes a decision on making changes to the specified register and, if the information to be indicated in the certificate of inclusion of persons in the relevant register (document confirming the status of a customs carrier) changes, issues a new certificate of inclusion in the relevant register (document confirming the status of a customs carrier).

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2.1. The customs authority, within 15 working days from the day following the day of receipt of the application specified in paragraph 2 of this article, checks the compliance of the newly indicated information with the conditions established for inclusion in the relevant register of persons carrying out activities in the field of customs affairs, and makes a decision on making changes to the specified register or on refusal to make changes to the specified register. In the event of a change in the information specified in the certificate of inclusion of persons in the relevant register (document confirming the status of a customs carrier), the customs authority issues a new certificate of inclusion in the relevant register ( new document confirming the status of a customs carrier).

2.2. In the event that the applicant, along with the application for making changes to the relevant register, does not submit documents confirming the declared information, or the information in the submitted documents differs from the information specified in the application for making changes to the relevant register, or the legal entity does not comply with the conditions established for inclusion in the relevant register, the customs authority, within the period specified in paragraph 2.1 of this article, decides to refuse to make changes to the relevant register.

2.3. If the documents submitted by the applicant together with the application for amendments to the relevant register do not meet the requirements of the legislation of the Russian Federation on the procedure for their preparation and issuance, the information in them is illegible or there are corrections in them, the customs authority considering the application for amendments to the relevant register, has the right to request from third parties, as well as from state bodies, documents confirming the information specified by the applicant. These persons and state bodies are obliged to submit the requested documents within 10 calendar days from the day following the day of receipt of the request.

2.4. In the case provided for by Part 2.3 of this Article, the term for considering an application for making changes to the relevant register is extended by the time required by the customs authority to send a request and submit the requested documents by third parties. At the same time, the total period for consideration of an application for making changes to the relevant register cannot exceed 30 calendar days from the date of receipt of such an application.

3. Documents submitted in accordance with this article shall be attached to the package of documents submitted by a legal entity upon inclusion in the relevant register of persons carrying out activities in the field of customs.

Article 56

1. The activities of legal entities as customs representatives, owners of temporary storage warehouses, owners of customs warehouses and owners of duty-free shops included in the relevant registers of persons carrying out activities in the field of customs shall be suspended in the following cases:

1) filing an application by a legal entity to suspend its activities;

2) submission of an application by a legal entity in case of initiation of bankruptcy proceedings against it;

3) adoption by a court or an authorized body of a decision to suspend the activities of a legal entity;

4) suspension in accordance with the legislation of the Russian Federation of the action permit document to carry out a certain type of activity, if a legal entity included in the relevant register carries out only such type of activity.

2. A legal entity included in one of the registers of persons carrying out activities in the field of customs affairs is obliged to inform the customs body in writing about the events specified in paragraphs 3 and 4 of part 1 of this article within three days from the date of the occurrence of the relevant event.

3. The activities of legal entities as customs representatives, owners of temporary storage warehouses, owners of customs warehouses and owners of duty-free shops included in the relevant register of persons carrying out activities in the field of customs shall be considered suspended from the day following the day of occurrence of the events specified in paragraphs 3 and 4 of part 1 of this article. In the case provided for by paragraph 1 or paragraph 2 of part 1 of this article, the activities of legal entities in the field of customs shall be suspended from the day following the day of receipt by the customs authority of the application of the legal entity specified in paragraph 1 or paragraph 2 of part 1 of this article.

4. From the date of suspension of the activities of a legal entity as a person carrying out activities in the field of customs, customs operations, placement of goods in a temporary storage warehouse, customs warehouse, as well as the sale of goods in duty-free shops are not allowed. If the period of suspension of the activities of a legal entity as the owner of a temporary storage warehouse exceeds one month, the goods stored in the temporary storage warehouse shall be placed at its expense in another temporary storage warehouse within two months from the day following the day of suspension of such activities. .

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5. The activities of legal entities as customs representatives, owners of temporary storage warehouses, owners of customs warehouses and owners of duty-free shops included in the relevant register of persons carrying out activities in the field of customs shall be resumed subject to the conditions for including the legal entity in the relevant register of persons carrying out activities in the field of customs established by,, and the Customs Code of the Customs Union and,, and this Federal Law, from the day following the day the legal entity provides documents confirming the elimination of the circumstances specified in Part 1 of this Article that served as the basis for the suspension of such activities .

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6. The decision of the customs authority to suspend or resume the activities of a legal entity as a customs representative, the owner of a temporary storage warehouse, the owner of a customs warehouse or the owner of a duty-free shop included in the relevant register of persons carrying out activities in the field of customs, or a decision to refuse to suspend or the resumption of the activities of the said legal entity is formalized by the customs authority that has made a decision to include the legal entity in the relevant register of persons carrying out activities in the field of customs affairs, and sent to the head or other authorized representative of the legal entity within a period not exceeding three working days from the day following day of such decision.

7. Documents confirming compliance with the conditions for inclusion in the register of customs representatives established by this Federal Law shall be returned to the applicant upon submission of an application for the return of the said documents drawn up in any form. An application for the return of these documents is submitted on paper or in the form of an electronic document signed with an enhanced qualified electronic signature using the federal state information system "Unified Portal of State and Municipal Services (Functions)".

Article 57

1. A legal entity shall be subject to exclusion from the relevant register of persons carrying out activities in the field of customs affairs on the grounds provided for respectively by , , , and to exclude such a legal entity from this register.

2. The decision to exclude a legal entity from the relevant register of persons exercising activities in the area of customs affairs shall be drawn up in writing by the decision of the customs authority that made the decision to include the legal entity in such a register, and shall be brought by the customs authority to the attention of the legal entity in respect of which such the decision is made, in writing with a reasoned justification for such a decision no later than the day following the day of its adoption. The specified decision is handed over to the head of the legal entity or an authorized representative of the legal entity against receipt or in another way confirming the fact and date of receipt of this decision. If the indicated persons evade receiving the said decision, it shall be sent by registered mail.

3. The decision to exclude a legal entity from the relevant register of persons carrying out activities in the field of customs shall enter into force in the event of:

1) non-compliance with the conditions established by the Customs Code of the Customs Union for inclusion of a legal entity in the relevant register of persons carrying out activities in the field of customs (except for the case specified in paragraph 2 of this part), after 15 days from the date of such a decision;

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2) non-compliance with the conditions for inclusion of a legal entity in the register of customs representatives, the register of customs carriers, established respectively by subparagraph 3 of Article 13 and subparagraph 2 of Article 19 of the Customs Code of the Customs Union, after one working day from the day following the day of such a decision;

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2) non-compliance with the conditions for inclusion of a legal entity in the register of customs carriers, established by subparagraph 2 of Article 19 of the Customs Code of the Customs Union, after one day from the date of such a decision;

3) non-compliance by the customs carrier, the owner of the temporary storage warehouse, the owner of the customs warehouse, the owner of the duty-free shop with the obligations specified in subparagraph 2 of Article 20, subparagraph 2 of Article 25, subparagraph 2 of Article 30, subparagraph 2 of Article 35 of the Customs Code of the Customs Union, respectively, after the expiration of 15 days from the date of such decision;

4) submission of an application of a legal entity for its exclusion from the register from the day following the day of receipt by the customs authority of the said application in writing.

4. The exclusion of a legal entity from the relevant register of persons carrying out activities in the area of customs affairs in connection with its liquidation or termination of its activities as a result of reorganization (except for the transformation of a legal entity) is carried out from the date of occurrence of these events. The customs authority that maintains the relevant register shall make an entry on the exclusion of the legal entity from such a register after receiving information about the event.

5. In the cases provided for in paragraphs 1-3 of part 3 of this article, a subsequent application for inclusion in the relevant register of persons carrying out activities in the field of customs may be filed after the elimination of the reasons that served as the basis for exclusion of the legal entity from the relevant register.

6. The owner of the temporary storage warehouse, the owner of the customs warehouse and the customs carrier are obliged to notify the persons who placed the goods in the temporary storage warehouse or customs warehouse or handed over the goods under customs control for transportation, as well as the customs authority that issued the certificate of inclusion of the legal entity in the relevant register of persons carrying out activities in the field of customs (a document confirming the status of a customs carrier), on the intention to terminate their activities one month before the date of filing an application for exclusion from the relevant register. During the specified period, the placement of goods in a temporary storage warehouse or a customs warehouse or the acceptance of goods under customs control is not allowed for transportation.

7. The customs representative is obliged to notify the persons on whose behalf he performs customs operations of the submission of an application for his exclusion from the relevant register of persons carrying out activities in the field of customs affairs 15 days before the date of filing such an application. During the specified period, the conclusion by the customs representative of agreements with declarants or other interested persons is not allowed.

8. In the event of exclusion from the relevant register of persons carrying out activities in the field of customs, on other grounds, the customs representative, customs carrier, owner of a temporary storage warehouse and owner of the customs warehouse are obliged to notify the persons to whom they provide services immediately, but no later than five days from the date of adoption by the customs authority of the decision to exclude from the relevant register.

9. Exclusion of a legal entity from the relevant register of persons carrying out activities in the field of customs does not relieve this entity (its successor) from the obligation to complete customs operations for the transportation or storage of goods under customs control, or to perform other actions, the obligation to perform which arose prior to the exclusion of the legal entity from the relevant register, in accordance with the procedure established by the Customs Code of the Customs Union and this Federal Law.

10. Placement of goods in a temporary storage warehouse and in a customs warehouse is not allowed after the expiration of the period specified in part 8 of this article.

11. Upon entry into force of the decision of the customs authority to exclude the owner of a temporary storage warehouse or the owner of a customs warehouse from the relevant register of persons carrying out activities in the field of customs affairs, goods stored in a temporary storage warehouse or customs warehouse shall be subject to placement at the expense of the owner of the temporary storage warehouse or customs warehouse, respectively, to another temporary storage warehouse or customs warehouse within two months from the day following the day the said decision enters into force.

12. Foreign goods placed under the customs procedure of duty-free trade shall be subject to placement under another customs procedure within 15 days from the day following the day of entry into force of the decision to exclude the owner of the duty-free shop from the register of owners of duty-free shops, except for the case of transfer of goods to sell them in another duty-free shop. In this case, the movement of goods to another duty-free shop located in the region of activity of one customs authority is carried out under the supervision of this customs authority, and in the case of movement of goods to a duty-free shop located in the region of activity of another customs authority, in accordance with the customs procedure of the customs authority transit.

13. From the day following the day of entry into force of the decision to exclude the owner of a duty-free shop from the register of owners of duty-free shops, goods placed under the customs regime of duty-free trade shall be considered for customs purposes as goods in temporary storage. The sale of such goods, as well as the placement of other goods in the duty-free shop, is not allowed.

14. If a legal entity is excluded from the relevant register of persons carrying out activities in the field of customs, the return (termination) of the security for the payment of customs duties and taxes provided by this entity when included in such a register shall be carried out in accordance with Chapter 16 of this Federal Law .

Article 58

1. The federal executive body authorized in the field of customs affairs shall maintain registers of persons carrying out activities in the field of customs affairs.

2. Registers of persons carrying out activities in the field of customs are maintained in in electronic format according to the forms determined by the federal executive body authorized in the field of customs, and posted on its official website.

3. Registers of persons carrying out activities in the field of customs affairs are formed on the basis of decisions taken by the customs authorities on the inclusion of legal entities in the relevant registers of persons carrying out activities in the field of customs affairs, on the exclusion of legal entities from such registers, on making changes to these registers, on the suspension and resumption of activities of legal entities as a customs representative, owner of a temporary storage warehouse, owner of a customs warehouse, owner of a duty-free shop. Changes to the electronic forms of registers of persons carrying out activities in the field of customs affairs are made within three working days from the date of adoption of the relevant decision by the authorized customs body.

4. The federal executive body authorized in the field of customs affairs shall ensure regular, at least once a month, publication in its official publications of registers of persons carrying out activities in the field of customs affairs.

Article 59

1. Keeping records of goods and business transactions with these goods by the customs carrier, the owner of the temporary storage warehouse, the owner of the customs warehouse, the owner of the duty-free shop is carried out in accordance with the requirements of the legislation of the Russian Federation on accounting and the legislation of the Russian Federation on taxes and fees.

2. The forms and procedure for submitting reports by persons carrying out activities in the field of customs affairs are established in accordance with this Federal Law.

2. Customs representative

Article 60. Customs representative

1. The customs representative may be a Russian legal entity included in the register of customs representatives.

2. The customs representative has the right to limit the scope of his activities to the performance of customs operations in relation to certain types of goods in accordance with the unified Commodity Nomenclature foreign economic activity of the Customs Union (hereinafter - the Commodity Nomenclature of Foreign Economic Activity) or in relation to goods imported into the Russian Federation and (or) exported from the Russian Federation by certain modes of transport, the performance of individual customs operations, as well as the region of activity within the region of activity of one customs authority (several customs organs).

04/20/2015 N 102-FZ)

Article 63. Specialist in customs operations

1. A citizen of the Russian Federation who has higher education who passed the qualifying exam and confirmed the compliance of their knowledge with the program of the qualifying exam. A document confirming the compliance of an individual with the specified qualification requirements is a qualification certificate of a specialist in customs operations.

1. A specialist in customs operations may be a citizen of the Russian Federation who has a higher professional education, who has passed a qualification exam and confirmed that his knowledge complies with the qualification exam program. A document confirming the compliance of an individual with the specified qualification requirements is a qualification certificate of a specialist in customs operations.

2. A specialist in customs operations carries out his activities as an employee of a customs representative.

Article 64

1. Attestation for compliance with the qualification requirements of persons applying for a qualification certificate of a specialist in customs operations (hereinafter referred to as attestation) is carried out in the form of a qualification exam. Persons who have successfully passed the qualification exam are issued a qualification certificate of a specialist in customs operations in the form approved by the federal executive body authorized in the field of customs affairs. The qualification certificate of a specialist in customs operations is not limited by a period of validity.

2. The procedure for attestation by the customs authorities, the list of documents submitted together with an application for admission to certification, the program of the qualification exam, the procedure for passing it and the procedure for issuing qualification certificates are determined by the federal executive body authorized in the field of customs affairs. At the same time, all persons who meet the requirements established by this Federal Law, regardless of their special preparation for passing the exam, are allowed to take the qualification exam.

The beginning of the edition - 01.09.2013

3. A specialist in customs operations every two years, starting from the year following the year of obtaining a qualification certificate of a specialist in customs operations, is obliged to undergo training in an additional professional program.

The edition is valid until 31.08.2013 (inclusive)

3. A customs operations specialist is obliged every two years, starting from the year following the year of obtaining the qualification certificate of a customs operations specialist, to undergo training in educational programs for advanced training in state-accredited educational institutions in accordance with federal state requirements to a minimum of the content of the educational program for advanced training of specialists in customs operations, established by the federal executive body that performs the functions of developing public policy and legal regulation in the field of education, in agreement with the federal executive body authorized in the field of customs.

Article 65

1. The qualification certificate of a specialist in customs operations is revoked in the following cases:

1) establishing the fact of obtaining a qualification certificate of a specialist in customs operations using false documents;

2) the entry into force of a court verdict providing for punishment in the form of deprivation of the right to engage in activities as a specialist in customs operations for a certain period;

3) violation by a specialist in customs operations of the requirements established by paragraph 2 of Article 16 of the Customs Code of the Customs Union;

4) repeated (two or more times) bringing a specialist in customs operations to administrative responsibility for committing administrative offenses in the field of customs affairs, provided for in 16.2, 16.3, 16.15 and 16.22 of the Code of the Russian Federation on administrative offenses, during the period when he is considered subjected to administrative punishment in cases of administrative offenses provided for by these articles;

5) violation by a customs operations specialist of the requirement to undergo training in advanced training programs established by Part 3 of this Federal Law.

2. The decision to revoke the qualification certificate of a specialist in customs operations shall be taken by the federal executive body authorized in the field of customs affairs and (or) customs bodies authorized by it. The above bodies shall issue a reasoned decision to revoke the qualification certificate of a specialist in customs operations. A copy of the said decision shall be sent to the person in respect of whom this decision has been made, within three days from the date of its issuance.

3. A person whose qualification certificate of a specialist in customs operations has been revoked has the right to appeal against the decision to revoke the said qualification certificate in accordance with this Federal Law.

4. A person whose qualification certificate of a specialist in customs operations has been revoked shall not be entitled to re-apply for the said qualification certificate:

1) within one year from the date of the decision to revoke the qualification certificate, if this certificate is revoked on the grounds provided for in clauses 1 and 3 of part 1 of this article;

2) within the period provided for by a court verdict that has entered into legal force, if the qualification certificate is revoked on the grounds provided for in clause 2 of part 1 of this article;

3) during the period when a person is considered subjected to administrative punishment in cases of administrative offenses in the field of customs, provided for in Articles 16.2, 16.3, 16.15 and 16.22 of the Code of Administrative Offenses of the Russian Federation, if the qualification certificate is revoked on the grounds provided for in clause 4 of part 1 of this article.

3. Customs carrier

Article 66. Customs carrier

1. The customs authorities include Russian legal entities in the register of customs carriers.

2. Relations between a customs carrier and consignors of goods or forwarders are carried out on the basis of an agreement. The refusal of the customs carrier to conclude a contract if this customs carrier has the ability to carry out the transportation of goods is not allowed, except in cases where there are sufficient grounds to believe that the actions or inaction of the sender of goods or the freight forwarder are unlawful and may entail criminal or administrative liability in the field of customs affairs . The customs carrier is not entitled to give preference to one person over another person in relation to the conclusion of the contract, with the exception of granting preferences in relation to the price and other terms of the contract for certain categories represented persons.

3. The customs carrier performs the obligations stipulated by Article 21 of the Customs Code of the Customs Union.

The beginning of the edition - 06/05/2014

4. If the applicant has not independently submitted a document confirming the fact of making an entry about him in the unified state register of legal entities, the customs authority requests information about the applicant contained in the unified state register of legal entities using a unified system of interdepartmental electronic interaction in the federal body executive power that carries out state registration of legal entities, individuals as individual entrepreneurs.

(Part 4 was introduced by Federal Law No. 102-FZ of April 20, 2015)

4. Owner of a temporary storage warehouse

Article 69. Owner of a temporary storage warehouse

1. The owner of a temporary storage warehouse may be a Russian legal entity included in the register of owners of temporary storage warehouses.

2. Warehouses for temporary storage may be open or closed. Temporary storage warehouses are open type warehouses if they are available for use by any persons. Temporary storage warehouses are closed-type warehouses if they are intended for storage of goods of the owner of this warehouse or for storage of certain goods, including those restricted in circulation and (or) requiring special conditions storage. The owner of a temporary storage warehouse has the right to limit the scope of his activities by determining the type of temporary storage warehouse.

3. Relationships between the owner of a temporary storage warehouse and persons placing goods in storage shall be carried out on the basis of an agreement. The refusal of the owner of the temporary storage warehouse to conclude an agreement if he has the opportunity to store goods is not allowed, except for the case when the execution of such an agreement will go beyond the scope of activity limited by the owner of the temporary storage warehouse in accordance with part 2 of this article, or when there are sufficient grounds to believe that the actions or omissions of the person placing the goods in storage are unlawful and entail criminal or administrative liability in the field of customs affairs. The owner of a temporary storage warehouse is not entitled to give preference to one person over another person in relation to the conclusion of the contract, except for the provision of benefits in relation to the price and other terms of the contract for certain categories of represented persons.

4. The owner of a temporary storage warehouse performs the duties stipulated by Article 26 of the Customs Code of the Customs Union.

(Part 4 was introduced by Federal Law No. 102-FZ of April 20, 2015)

Article 73. Determination of useful volume and (or) useful area of a temporary storage warehouse

1. Useful volume and (or) useful area of a temporary storage warehouse is the total volume of the premises and (or) the total area of the open area, which the applicant plans to use for the storage of goods under customs control, taking into account the requirements of sanitary and epidemiological control, fire supervision and other types of state control (supervision) established by the legislation of the Russian Federation. The usable volume and (or) usable area of a temporary storage warehouse, in particular, does not include:

2) places intended for the storage of goods in cases specified in Article 145 of the Customs Code of the Customs Union;

3) technological passages (drives) and premises (area) occupied by technological storage equipment.

2. Useful volume and (or) useful area of a temporary storage warehouse are determined by the applicant independently with the preparation of the relevant settlement documentation to be submitted to the customs authority upon inclusion in the register of owners of temporary storage warehouses.

Article 74. Amount of security for payment of customs duties and taxes

The amount of security for the payment of customs duties and taxes when carrying out activities as the owner of a temporary storage warehouse cannot be less than:

1) 2.5 million rubles and an additional 300 rubles for each full and incomplete cubic meter of usable volume of the premises, if the premises are used as a temporary storage warehouse, and (or) 1,000 rubles for each full and incomplete square meter usable area, if an open area is used as a temporary storage warehouse, for owners of open-type temporary storage warehouses;

2) 2.5 million rubles for owners of closed temporary storage warehouses.

Article 75. Owner of a customs warehouse

1. The owner of a customs warehouse may be a Russian legal entity included in the register of owners of customs warehouses.

6. The certificate of inclusion in the register of owners of customs warehouses must contain:

1) the name of the owner of the customs warehouse, an indication of its legal form and location, an identification number taxpayer;

2) type of customs warehouse;

3) location of the premises and (or) open area of the customs warehouse;

4) information on the size of the useful volume of the premises and (or) the usable area of the open area;

5) the name of the customs authority that issued the certificate;

6) the date of issue of the certificate and its number.

Article 77. Application for inclusion in the register of owners of customs warehouses

1. An application for inclusion in the register of owners of customs warehouses must include:

1) the applicant's application to the customs authority with a request to be included in the register of owners of customs warehouses;

2) information about the name, legal form, location, open bank accounts the applicant;

3) information about the type of customs warehouse (for a warehouse of a closed type, also a rationale for the need and expediency of choosing a warehouse of this type);

4) information about the premises and (or) open areas owned by the applicant and intended for use as a customs warehouse, their location, arrangement, equipment and material and technical equipment;

5) information on the provision of security for the payment of customs duties and taxes;

6) information about the contract (contracts) of risk insurance civil liability the applicant, provided for by subparagraph 2 of paragraph 1 of Article 29 of the Customs Code of the Customs Union when opening an open-type customs warehouse.

2. Attached to the application for inclusion in the register of owners of customs warehouses the following documents confirming the stated information:

3) certificate of the applicant's registration with the tax authority;

4) documents confirming the right to own premises and (or) open areas intended for use as a customs warehouse;

5) plans and drawings of premises and (or) open areas intended for use as a customs warehouse;

6) documents confirming the provision of security for the payment of customs duties and taxes;

7) confirmations from banks about accounts opened with them;

8) calculation documentation, on the basis of which the useful volume of the premises and (or) the useful area of the open area is determined;

9) an insurance contract for the risk of civil liability of the applicant.

3. Together with the documents specified in paragraph 2 of this article, the applicant has the right to submit a document confirming the fact of making an entry about him in the unified state register of legal entities.

(Part 3 was introduced by Federal Law No. 102-FZ of April 20, 2015)

(Part 4 was introduced by Federal Law No. 102-FZ of April 20, 2015)

Article 78. Determination of useful volume and useful area of a customs warehouse

1. Useful volume and (or) useful area of the customs warehouse are the total volume of the premises and (or) the total area of the open area, which the applicant plans to use for the storage of goods placed under the customs procedure of the customs warehouse, taking into account the requirements of sanitary and epidemiological control, fire supervision and other types of state control (supervision) established by the legislation of the Russian Federation. The useful volume and (or) useful area of a customs warehouse, in particular, does not include:

1) places intended for customs inspection, including with the use of inspection x-ray equipment (other inspection equipment), and places equipped for weighing goods;

2) technological passages (drives) and premises (area) occupied by technological storage equipment.

2. Useful volume and (or) useful area of a customs warehouse shall be determined by the owner of the customs warehouse independently with the preparation of the relevant settlement documentation to be submitted to the customs authority upon inclusion in the register of owners of customs warehouses.

Article 79. Amount of security for payment of customs duties and taxes

The amount of security for the payment of customs duties and taxes when carrying out activities as the owner of a customs warehouse cannot be less than:

1) 2.5 million rubles and an additional 300 rubles for each full and incomplete cubic meter of useful volume of the premises, if the premises are used as a customs warehouse, for owners of open customs warehouses and (or) 1,000 rubles for each full and incomplete square meter usable area, if an open area is used as a customs warehouse;

2) 2.5 million rubles for owners of closed customs warehouses.

Article 80. Requirements for arrangement, equipment and location of the customs warehouse

1. Premises and (or) open areas intended for use as a customs warehouse must be arranged and equipped in such a way as to ensure the safety of goods, exclude access to them by unauthorized persons (persons who are not employees of the warehouse, who do not have the authority to goods or who are not representatives of persons with such powers), as well as to ensure the possibility of carrying out customs control in respect of these goods. The location of the customs warehouse is determined taking into account the interests of organizations engaged in trading activities and other interested parties.

2. The following requirements are imposed on the arrangement, equipment and location of the customs warehouse:

1) premises intended for use as a customs warehouse are located only in ground buildings or structures related to real estate (for open-type customs warehouses). The customs warehouse cannot be located on mobile vehicles or mobile transport equipment;

2) availability of access roads (depending on the type of transport);

3) the presence of an unloading and loading area adjacent to the premises of the customs warehouse;

4) the territory of the customs warehouse must have a fence, a checkpoint (checkpoints) and be continuous along the perimeter;

5) the territory and premises of the customs warehouse must have the designation "Customs warehouse" in Russian and English;

6) the territory and premises of the customs warehouse should not include objects that are not related to the functioning of the customs warehouse and ensuring its operation;

7) in the customs warehouse, premises must be allocated, equipped and specially adapted for the storage of goods that require special storage conditions (if such goods are supposed to be stored in the customs warehouse);

8) in the customs warehouse, the following areas must be allocated and marked in any way acceptable to the owner of the customs warehouse (protective tape, partitions, technological passages, marked with appropriate plates and inscriptions):

a) for storage until export from the customs warehouse of goods in respect of which the customs procedure of the customs warehouse has been completed;

b) for goods in respect of which a customs declaration has been submitted with the declared customs procedure of a customs warehouse after the completion of the customs procedure of customs transit;

c) for the storage of goods placed under the customs procedure for export in accordance with paragraph 2 of Article 234 of the Customs Code of the Customs Union;

9) the availability of weighing equipment with different weighing limits, which makes it possible to weigh goods intended for placement in a customs warehouse, in particular on pallets, trays and other devices commonly used for transportation;

10) availability of telephone and facsimile communication, copying equipment;

11) availability of an automated goods accounting system compatible with software products permitted for use by the customs authority;

12) availability electronic system placement and accounting of goods (for customs warehouses equipped with an automated cell storage system for goods), compatible with software products used by customs authorities and allowing the customs authority to control:

a) placement and location of goods in cells;

b) conducting inspections, measurements, recalculations, weighing of goods by warehouse workers and persons with authority in relation to these goods, with the determination of the date and time of these operations;

13) each storage place in order to identify the goods stored in the customs warehouse must be provided with a certificate containing the following information:

a) the registration number of the goods declaration;

b) the weight of the goods;

c) on the date of expiration of the period of storage of goods in a customs warehouse.

3. Changing the location and size of the areas specified in clause 8 of part 2 of this article is allowed with subsequent notification in writing of the customs authority within three working days and provided that the total volume (total area) of the premises (open area) used for storage of goods placed under the customs procedure of a customs warehouse does not exceed the volume (area) in respect of which security for the payment of customs duties and taxes has been provided.

6 Duty Free Shop Owner

Article 81. Owner of a duty-free shop

1. The owner of a duty-free shop may be a Russian legal entity included in the register of owners of duty-free shops.

2. The owner of a duty-free shop performs the duties stipulated by Article 36 of the Customs Code of the Customs Union.

(Part 4 was introduced by Federal Law No. 102-FZ of April 20, 2015)

Article 84. Requirements for arrangement, equipment and location of a duty free shop

1. The premises of a duty-free shop may consist of sales areas, utility rooms, warehouses. These premises must be equipped in such a way as to ensure the sale of goods exclusively in the trading floors of the duty-free shop, the safety of goods and the possibility of customs control in relation to them.

2. Ancillary premises and a warehouse of a duty-free shop must be arranged and equipped in such a way as to exclude access to goods located in these premises by unauthorized persons (persons who are not employees of a duty-free shop, do not have authority in relation to goods or are not representatives of persons, having powers), as well as to ensure the possibility of imposing customs identification means on the said premises.

3. The following requirements apply to the arrangement, equipment and location of the duty-free shop:

1) the territory of a duty-free shop should not include objects that are not related to its functioning and ensuring its work;

2) the warehouse of a duty-free shop may only be a premise. The use of outdoor areas as a warehouse of a duty-free shop is not allowed. In the warehouse of a duty-free shop, corridors for the passage of persons, vestibules, lobbies, administrative and utility and technical premises, as well as places for storing packaging and strapping materials, technological equipment, inventory, containers, cleaning machines, packaging waste cannot be located. In the warehouse of a duty-free shop, there must be weighing equipment with different weighing limits, which makes it possible to weigh goods intended for sale in a duty-free shop;

3) the premises of the duty-free shop must be located in such a way as to exclude the possibility of receipt or withdrawal of goods outside of customs control;

4) the trading floors of the duty-free shop should be located in such a way that it is impossible to leave the goods purchased in the duty-free shop in the customs territory of the Customs Union, including by transferring them to individuals remaining in this territory;

5) trading floors of duty-free shops must be located outside the place specified for customs control of goods exported by individuals when these persons follow through the customs border of the Customs Union;

6) trading floors of duty-free shops should be located in such a way as to exclude the possibility of access to these rooms by individuals entering the customs territory of the Customs Union;

7) the warehouse of the duty-free shop may be located outside the places of movement of goods across the customs border of the Customs Union, but within the region of activity of the customs authority in which the duty-free shop operates.

4. The use of trading floors, utility rooms and the warehouse of a duty-free shop for the storage and sale of goods not declared for the customs procedure of duty-free trade is not allowed.

5. The requirements established by this article do not apply to duty-free shops specified in Article 294 of this Federal Law.

In accordance with Article 111 of the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", the Government of the Russian Federation decides:

1. Establish that when customers make purchases according to the list in accordance with the appendix (hereinafter referred to as customers), with the exception of purchases provided for in clauses 1 and 2 of part 2 of article 84, part 1 of article 93 of the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter referred to as the Federal Law), closed methods for determining suppliers (contractors, performers) are used in the manner established for the cases provided for by clause 1 or 2 of part 2 of Article 84 of the Federal Law (at the choice of the customer). At the same time, the provision on approval provided for by Part 3 of Article 84 of the Federal Law shall not apply if the said procurement is carried out in the manner established for the case provided for by Clause 2 of Part 2 of Article 84 of the Federal Law.

In the event that a closed tender, a closed tender with limited participation, a closed two-stage tender or a closed auction carried out in accordance with this Decree is recognized as not having taken place, the provisions of the Federal Law on the consequences of declaring an open tender, a tender with limited participation, a two-stage tender or an auction in electronic form invalid shall apply. .

2. Establish that customers do not place in a single information system information and documents, the placement of which is provided for by the Federal Law, with the exception of a notice of the procurement in accordance with this resolution, carried out in the manner established for the case provided for in clause 2 of part 2 of Article 84 of the Federal Law. Wherein:
information about bank guarantees, provided as security for bids and (or) execution of contracts concluded in accordance with this paragraph, are subject to inclusion in the closed register of bank guarantees;

Information about contracts concluded in accordance with this paragraph shall be included in the register of contracts containing information constituting a state secret.

3. Customers in the event of the purchase of goods, works, services included in the list provided for by Part 2 of Article 59 of the Federal Law, are obliged to conduct a closed auction using the functionality of a specialized electronic platform, the operator of which is a limited liability company " Automated system public tenders defense order".

4. This resolution does not apply to relations related to the implementation of procurement, notices of the implementation of which are posted in the unified information system in the field of procurement, invitations to participate in which were sent before the date of entry into force of this resolution, including contracts, information about which included in the register of contracts concluded by customers before the date of entry into force of this resolution.

Prime Minister
Russian Federation
D. MEDVEDEV

Application
to the decision of the Government
Russian Federation
dated November 27, 2017 No. 1428

SCROLL
CUSTOMERS WHO APPLY
CLOSED WAYS OF DETERMINING SUPPLIERS
(CONTRACTORS, PERFORMERS)

1. The Ministry of Defense of the Russian Federation, as well as subordinate government agencies and state unitary enterprises.

2. federal Service security of the Russian Federation, as well as subordinate state institutions and state unitary enterprises.

3. The Foreign Intelligence Service of the Russian Federation, as well as subordinate state institutions and state unitary enterprises.

Application. List of customers, in the course of their procurement, closed methods for determining suppliers (contractors, performers) are used

Decree of the Government of the Russian Federation of November 27, 2017 N 1428
"On the peculiarities of the procurement for the needs of the country's defense and state security"

With changes and additions from:

3. Customers in the event that, in accordance with this Decree, in the manner established for the cases provided for in paragraphs 1 and 2 of Part 2 of Article 84 of the Federal Law, the purchase of goods, work, services included in the list provided for in Part 2 of Article 59 of the Federal Law, are obliged conduct a closed auction using the functionality of a specialized electronic platform, the operator of which is the Automated System of Bidding of the State Defense Order (hereinafter referred to as the specialized electronic platform) limited liability company. Customers have the right to purchase goods, works, services not included in the list provided for by Part 2 of Article 59 of the Federal Law by holding a closed auction using the functionality of a specialized electronic platform. At the same time, procurement in accordance with this Decree in the manner established for the cases provided for in clauses 1 and 2 of part 2 of Article 84 of the Federal Law, by holding a closed auction without using the functionality of a specialized electronic platform is not allowed.

Information about changes:

The resolution is supplemented by clause 3.1. from May 6, 2018 - Decree of the Government of Russia of May 4, 2018 N 544

3.1. Establish that when holding a closed auction using the functionality of a specialized electronic platform, the following are carried out:

information interaction of the unified information system with a specialized electronic platform in terms of providing from the unified information system a notice on the implementation in accordance with this resolution of the procurement carried out in the manner established for the case provided for by paragraph 2 of part 2 of Article 84 of the Federal Law, changes to such a notice;

provision of procurement documentation exclusively to procurement participants accredited at a specialized electronic site, through the functionality of such a site from the moment it is sent by the customer to a specialized electronic platform at the request of such participants, sent through the functionality of such a site;

application of the provisions of the Federal Law (with the exception of the requirements for posting information in a unified information system) regulating the period for posting procurement documentation, the procedure for submitting bids, considering the first parts of bids, conducting an electronic auction procedure, considering the second parts of bids, concluding a contract during an electronic auction;

the calculation of the period, the beginning of which is provided by the Federal Law from the date of placement of information and documents in a single information system, is carried out from the day the participants in the contract system send such information and such documents to a specialized electronic platform.

1. This Regulation was developed in accordance with Article 22 of the Federal Law of December 4, 2007 N 329-FZ "On Physical Culture and Sports in the Russian Federation" (Collected Legislation of the Russian Federation, 2007, N 50, Art. 6242; 2008, N 30 ( part II), art. 3616) and subparagraph 5.2.6 of the Regulations on the Ministry of Sports, Tourism and Youth Policy of the Russian Federation, approved by Decree of the Government of the Russian Federation of May 29, 2008 N 408 (Collected Legislation of the Russian Federation, 2008, N 22, art. 2585), and establishes honorary sports titles, and also determines the procedure and conditions for their assignment.

Judicial practice and legislation - Order of the Ministry of Sports and Tourism of the Russian Federation of November 27, 2008 N 55 On approval of the Regulations on the awarding of honorary sports titles

<2>Regulations on conferring honorary sports titles, approved by order of the Ministry of Sports, Tourism and Youth Policy of the Russian Federation of November 27, 2008 N 55 (Registered by the Ministry of Justice of the Russian Federation on February 18, 2009, registration N 13385).