The Federal Tax Service in connection with the start of implementation from January 1, 2012 in accordance with the Government Decree Russian Federation dated November 11, 2002 N 805 "On the formation and maintenance of the register of disqualified persons", the function for the formation and maintenance of the register of disqualified persons (hereinafter referred to as the Register) on the issue of providing information from the Register recommends being guided by the following.
1. Information from the register of disqualified persons is provided to all interested persons (individuals and legal entities, public authorities and local government) upon a relevant request about a specific person (hereinafter referred to as the Request).
Information is provided free of charge to public authorities and local self-government bodies. Other interested parties - for a fee of one minimum size wages.
2. The deadline for providing information is 5 days from the date of receipt of the relevant request.
3. The request of an interested person to provide information from the Register on paper is submitted directly or sent by mail to any territorial tax authority, regardless of the place of residence (location) of the person concerned or the person about whom information is requested.
The request must be made in Russian and contain the following information:
last name, first name, patronymic (if any), date and place of birth of the person who submitted the request (if a legal entity applies, additionally the full name, main state registration number (OGRN), an identification number taxpayer (TIN) of the legal entity - the initiator of the request);
surname, name, patronymic (if any), date and place of birth of the person about whom information is requested;
indication of convenient way obtaining information (in person, by mail (with address)).
4. In cases where the provision of the information contained in the Register is carried out for a fee, a document confirming the payment shall be submitted simultaneously with the request.
When filling out a payment document confirming the fee for providing information from the register of disqualified persons, the CCC field indicates the code budget classification 182 1 13 01190 01 0000 130 in accordance with the List of chief budget revenue administrators budget system of the Russian Federation, approved by the Order of the Ministry of Finance of the Russian Federation of December 21, 2011 N 180n "On Approval of Instructions on the Procedure for Applying the Budget Classification of the Russian Federation".
5. Information from the Register is provided in the form of:
extracts from the Register about a specific disqualified person (hereinafter referred to as the Extract) in the recommended form in accordance with this letter (formed by software, the implementation period software(hereinafter - PO) - January 2012);
certificates on the absence of information about the requested person in the register of disqualified persons (hereinafter referred to as the Certificate) in the recommended form in accordance with this letter. The certificate is issued if there is no information about the requested person in the register of disqualified persons or if it is impossible to unambiguously identify the requested person (it is generated by software, the software implementation period is January 2012).
The information provided on the basis of the request and contained in the Statement (Reference) is up-to-date (valid) as of the date, as of which the document containing this information was formed.
Upon receipt of the Extract (Certificate), an authorized representative of a legal (natural) person shall submit a document confirming his authority.
Documents prepared as a result of consideration of a request for the provision of information contained in the Register, not requested on the day specified when receiving the request, no later than the next business day are transferred to the department that sends mail for sending by post with a return receipt to the address indicated by the applicant postal address.
The recommended procedure for providing information from the Register set out in this letter is valid until the appropriate order of the Federal Tax Service of Russia “On Approval of the Procedure for Providing Information from the Register of Disqualified Persons and the Form of Extract from the Register of Disqualified Persons” is adopted in the prescribed manner and registered with the Ministry of Justice of the Russian Federation, which will be reported additionally.
Appendix No. 1
I am a citizen of __________________________________________________
(surname)
(first name, patronymic (if any))
________________________________________________________________________
(day, month, year and place of birth)
Please provide information on the availability of information regarding a citizen
________________________________________________________________________
(real surname, previously available in brackets, first name, patronymic (with
availability))
________________________________________________________________________
Year of birth, place of birth ___________________
(day month Year)
________________________________________________________________________
provision of information contained in the Register is attached.
Hand over the information, send it by mail to the address: _______________
(strike out unnecessary)
"__" __________200_ ___________________
(signature)
See this form in MS-Word editor
Appendix No. 2
________________________________
(name of the tax authority)
________________________________________________________________________
(full name of the organization - the initiator of the request)
________________________________________________________________________
(main state registration number of PSRN of a legal entity)
________________________________________________________________________
(TIN of a legal entity)
________________________________________________________________________
(address of legal entity)
________________________________________________________________________
represented by _______________________________________________________________
________________________________________________________________________
(Date and place of birth)
________________________________________________________________________
Acting on the basis of ________________________________________________
(Title of the document)
________________________________________________________________________
Please provide information on the availability of information regarding
________________________________________________________________________
(real surname, previously available in brackets, first name, patronymic)
________________________________________________________________________
Year of birth, place of birth _____________________
(day month Year)
________________________________________________________________________
(full details of place of birth)
in the Register of Disqualified Persons.
Receipt of transfer to federal budget fees for
provision of information contained in the Register and a copy of the document,
confirming the authority to receive information are attached.
Please hand over the information, send it by mail to the address: _________
(strike out unnecessary)
"__" __________200_ __________________
(signature)
Appendix No. 3
Extract from the register of disqualified persons
"__" __________ ____ N ___________
On the basis of the ruling (decision) of the court of ________ that has entered into force
(date of resolution)
________________________________________________________________________
(name of court)
citizen(s) ________________________________________________________________
(name of disqualified person)
________________________________________________________________________
(first name, patronymic (if any))
born on "__" ___________ place of birth ____________________
________________________________________________________________________
included (a) in the register of disqualified persons for N ______________________
Period of Ineligibility _____ year(s) _____ months _____ days
End date of disqualification "__" __________ ____
Head (Deputy
head) of the tax authority _____________ _____________________
(signature) (initials, surname)
Appendix No. 4
Certificate of absence in the register of disqualified persons of information about
requested person
"__" __________ _____ Mr. N __________
Citizen(s) ________________________________________________________________
(surname)
________________________________________________________________________
(first name, patronymic (if any))
born on "__" _______________, place of birth ________________
is not included in the register of disqualified persons.
Head (Deputy
head) of the tax authority ______________ _________________
(signature) (full name)
Letter of the Federal Tax Service of December 29, 2011 N PA-4-6 / 22455@ "On the organization of work to provide information from the register of disqualified persons"
The text of the letter is posted on the website of the Federal Tax Service of Russia for the Primorsky Territory on the Internet (http://www.r25.nalog.ru)
Document overview
The Federal Tax Service of Russia reports the following.
Information from the register of disqualified persons is provided to all interested parties. To do this, you must submit a request (the recommended form is provided). Authorities receive information free of charge, individuals and legal entities - for a fee of 1 minimum wage. Information is provided within 5 days.
The request can be submitted in person or sent by mail. It is drawn up in Russian. It indicates the full name, date and place of birth of a citizen. When contacting a legal entity - its full name, PSRN, TIN. It also provides information about the person about whom information is requested, the method of obtaining information (in person, by mail). A document confirming payment is submitted.
When filling out a payment document confirming the payment, 182 1 13 01190 01 0000 130 is indicated in the BCC field.
Information from the register is provided in the form of an extract about a specific disqualified person or a certificate of absence of information about the requested person in the register. Suggested forms are provided.
This procedure is valid until the Federal Tax Service of Russia approves the procedure for providing information from the register of disqualified persons and the form of an extract from it. This will be announced later.
Request for information ^Back to top of the page A request of an interested person to provide information from the Register on paper is submitted directly or by mail to any territorial tax authority, regardless of the address of the location (place of residence) of the interested person or the person about whom information is requested. A request for the provision of information from the Register may be sent electronically using the Internet information and telecommunications network, through the official website of the Federal Tax Service of Russia or the Unified Portal of State and Municipal Services. When sending a request in electronic form, it must be certified by an enhanced qualified electronic signature of the person who sent the request.
About the register of disqualified persons
- Obtaining information from the unified state register of real estate (USR)
- How to order an extract from the register
- Extract from the register
- Certificate from the USRP on the availability of property. where to get help?
- Independent receipt of an extract from the USRP
- How to get an extract from the USRP through public services
Obtaining information from the unified state register of real estate (USR) Obtaining procedure To obtain a certified extract from the USRR, you will need the following documents: passport of a citizen of the Russian Federation, application for receipt, receipt of payment of state duty (legal entities will additionally need a power of attorney). The application form can be downloaded from the official website of ROSREESTR.
How to order a certificate from the Russian registry
Disqualification consists in depriving an individual of the right to replace or borrow (part 1 of article 3.11 of the Code of Administrative Offenses of the Russian Federation):
- positions of the federal state civil service,
- positions of the state civil service of the subject of the Russian Federation,
- municipal service positions
- positions in the executive body of the legal entity,
- be on the board of directors
- realize entrepreneurial activity for corporate management.
Disqualification is established for a period of 6 months to 3 years (part 1 of article 3.11 of the Code of Administrative Offenses of the Russian Federation). A fine in the amount of 5,000 rubles (Part 1, Article 14.23 of the Code of Administrative Offenses of the Russian Federation) is applied for the implementation by a disqualified person of activities to manage a legal entity.
Providing information from the register of disqualified persons
To include a cadastral engineer in the SRO of cadastral engineers, by law No. 452-FZ he is required to provide information from the register of disqualified persons. All interested persons will be able to obtain a certificate from the register of individuals disqualified on the basis of valid court decisions upon a written request from the Federal Tax Service.
The procedure for providing information from the register of disqualified persons is determined by order of the Federal Tax Service of Russia dated December 31, 2014 N ND-7-14 / “On approval of the procedure for providing information contained in the register of disqualified persons, forms of extract from the register of disqualified persons and a certificate of absence of the requested information”. The certificate can also be requested through the multifunctional centers for the provision of state and municipal services (MFC) and through the website nalog.ru.
How to request a certificate from the register of disqualified persons?
Even an owner who is poorly versed in paperwork will be able to bring the idea to life. Description This is how a document is characterized, in which information about the property rights of a citizen and information about specific property is stored. The USRR data are in the public domain, they do not represent any secret.
Obtaining an extract from the Unified State Register on your own How long are the received extracts from the registry valid? The period of legal validity for extracts from registers of companies and entrepreneurs is no more than 6 months. However, additional criteria are established for their submission to various authorities.
For example, a notary requires a document issued less than a month ago and certified by the seal of the tax office, i.е. only a documentary (official) extract and register is suitable for a notary.
Self-obtaining an extract from the unified state register of the unified state register is as follows: Entering personal data login, password to enter Personal Area Selecting the Rosreestr icon in the site menu Filling out a standard request form (data about yourself, a property, etc.) Adding the necessary documents is good if you have them on your computer or saved on YandexDisk Paying the state duty in a way convenient for you Getting an extract in person at the office Rosreestr or to the specified address Email Required documents If it becomes necessary to obtain an extract from the USRR for real estate using the public services portal, you need to prepare the following documents in advance:
- passport;
- cadastral number of the property;
- additional technical documentation (if any).
All documents must be submitted in scanned form, with an electronic digital signature.
Register of disqualified persons
To the top of the page The information contained in the register of disqualified persons is open to the public. The federal executive body authorized to maintain the register of disqualified persons shall post the information contained in the register of disqualified persons on its official website on the Internet.
Info
No fee is charged for access to information contained in the register of disqualified persons posted by the authorized federal executive body on its official website on the Internet. An Extract (Certificate, Information Letter) is provided directly to an individual upon presentation of an identity document, an authorized representative of an organization or individual - upon presentation of an identity document and a document confirming the relevant authority.
Provision of information contained in the rdl
How to order an extract from the register What are state registries? In total, it is possible to obtain three main types of extracts from state registers: Unified State Register of Legal Entities economic activity and other data; (more...) USRIP Extract from the unified state register individual entrepreneurs, similar in content to the one described above, it includes information about the entrepreneur, date of registration, types of economic activity, etc.; (more ...) USRR An extract from the unified state register of rights includes the name, identification number of the object, its address, information about right holders and encumbrances on any real estate registered on the territory of the Russian Federation.
Certificate from the register of disqualified persons
To obtain an urgent extract from the register (receipt on the next business day), you must pay the state fee through Sberbank of Russia and attach to the request a receipt with a bank mark on payment. 4 You can also order an extract via the Internet. In this way, data can only be obtained about own enterprise. Go to the official website of the IFTS and fill out the form in the "Create a new application" mode. Be sure to indicate the main state registration number of the legal entity (OGRN) and the method in which you want to receive the extract. 5
Upon electronic request, an extract from the state register can be provided in three ways. The first is over the Internet. Such an extract contains data from the register that is open to the public, it does not include passport data, information about current accounts and addresses of individuals.
Such an extract does not have the seals of the tax authority.
federal law dated December 30, 2015 No. 452-FZ “On Amendments to the Federal Law “On state cadastre Real Estate” and Article 76 of the Federal Law “On Education in the Russian Federation” in terms of improving the activities of cadastral engineers” cadastral engineers you need to confirm your compliance with the new requirements. Among mandatory conditions membership in the SRO, which must be provided to cadastral engineers, are the following certificates: 1) on the absence of punishment in the form of disqualification for committing an offense in the field of legislation on state cadastral registration real estate and cadastral activities, provided for by the Code of the Russian Federation on Administrative Offenses, in accordance with a court decision that has entered into legal force; 2) on the absence of an outstanding or unexpunged conviction for committing an intentional crime.
Attention
Interested parties of the Code of Administrative Offenses of the Russian Federation have the right to receive for a fee information contained in the register of disqualified persons in the form of an extract on a specific disqualified person or a certificate of absence of the requested information. The amount of the fee for the submission of the said extract or certificate is determined by the Government of the Russian Federation.
In order to implement the provisions of part 3 of article 32.11 of the Code of Administrative Offenses of the Russian Federation, the Government of the Russian Federation in its resolution of 03.07.2014 No. 615 “On establishing the amount of the fee for providing information from the register of disqualified persons, as well as on amending and invalidating certain acts of the Government of the Russian Federation” established that the information contained in the register of disqualified persons, in the form of an extract about a specific disqualified person or a certificate of the absence of the requested information, is provided to interested persons for a fee of 100 rubles.
How to get an extract from the register of disqualified persons through public services
How to order a certificate from the Russian register A certificate from the Unified State Register of Property on the availability of property, as a rule, indicates real estate objects owned to one degree or another by a specific person. This document will help with many transactions. Registration methods And how can a certificate from the USRR about the availability of property be obtained? There are a huge number of solutions.
All of them are used in practice very actively. Citizens themselves choose how they act. In general, the studied paper can be framed:
- personally;
- through the Internet;
- by mail;
- through representatives.
In practice, the first two options prevail.
Representation takes place in cases where the applicant is a legal entity. Ordinary citizens try to apply for an extract on their own.
The Government of the Russian Federation fixed the obligation of tax authorities to maintain a register of disqualified persons in the Regulations on the Federal and the amount of the fee for providing the information contained in this register (Decree of the Government of the Russian Federation of July 3, 2014 No. 615). When will the organization need this information?
What is disqualification
Disqualification consists in depriving an individual of the right to hold certain positions, in particular, in the executive body of the legal entity, to be a member of the board (supervisory board), to carry out entrepreneurial activities to manage the legal entity or to manage it in other cases.
Disqualification is an administrative punishment imposed by a judge, it is set for a period of six months to three years (subclause 8, clause 1, article 3.2, article 3.11 of the Code of Administrative Offenses of the Russian Federation). A person may be disqualified, for example, for fictitious or deliberate failure to comply within the time limit of a legal order violation labor law a firm that has already been punished for a similar violation (Articles 14.12, 19.5, paragraph 2 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation).
Like disqualified persons
The register is formed in order to record disqualified persons (a copy of the decision is sent by the court to the tax authority). It contains the following information:
- Full name, date and place of birth of the person;
- the name and TIN of the organization in which the employee worked at the time the offense was committed, and the position he held;
- applied article of the Code of the Russian Federation on administrative offense and information about the judge;
- the period of disqualification, the start and end dates of this period;
- information about the revision of the disqualification order.
Upon the expiration of the period of Ineligibility or in the event of annulment of the Ineligibility Order, the person shall be removed from the Register. Information in the register of disqualified persons shall be entered no later than three working days from the date of receipt by the tax authority of a copy of the resolution on disqualification that has entered into force, or judicial act about its revision.
No fee is charged for access to the specified information (clause 3, article 32.11 of the Code of Administrative Offenses of the Russian Federation). This is confirmed in the letter of the Federal Tax Service of Russia dated February 13, 2014 No. SA-4-14/2279.
But if interested parties wish to receive information about a particular person in the form of an extract from the register or a certificate of absence of the requested information, then such a document is provided for a fee (its amount is 100 rubles) within five days.
When you need information from the register of disqualified persons
The execution of the decision on disqualification is carried out by terminating the contract with the disqualified person. When a person concludes it, he is obliged to request information about the presence of disqualification. Such requirements are contained in paragraph 2 of Article 32.11 of the Code of Administrative Offenses of the Russian Federation.
True, the Labor Code of the Russian Federation does not oblige the employer, when concluding an employment contract with the manager, to find out if he is a disqualified person. However, based on the above requirements of the Code of Administrative Offenses of the Russian Federation, a construction company, when concluding an employment contract with an employee hired for a managerial position, must request information about him from the body that maintains the register of disqualified persons, that is,
It should be remembered that the conclusion of an agreement on the management of an organization with a disqualified person, as well as the non-application of the consequences of its termination, entails the imposition of administrative fine in the amount of up to 100 thousand rubles. In this case, the culprit himself faces a fine in the amount of 5 thousand rubles. Such measures are provided for the implementation by a disqualified person during the period of disqualification of activities to manage a legal entity (Article 14.23 of the Code of Administrative Offenses of the Russian Federation).
If the manager was hired without specifying information about him, and then it turned out that he is a disqualified person, then the employee is subject to dismissal. The reason is the conclusion of an employment contract in violation of the judge's decision on disqualification (paragraph 5 of article 84, paragraph 11 of article 77 Labor Code RF).
Another reason to check the data is the exercise of due diligence when concluding contracts with counterparties. When carrying out business activities construction company has the right to request information from the register about We recommend doing this in order to make sure whether the counterparty is in good faith, whether the transaction concluded with him will not be subsequently challenged.
How to get information from the register of disqualified persons
According to the Procedure approved by the order of the Federal Tax Service of Russia dated March 6, 2012 No. MMV-7-6 / (hereinafter referred to as the Procedure), in order to obtain information about whether an individual has been disqualified, it is necessary:
- pay 100 rubles. (details to be clarified in the tax office);
- send a request to tax office(The recommended form of the request is given in the letter of the Federal Tax Service of Russia dated December 28, 2011 No. PA-4-6/).
The request is submitted to any territorial tax authority, regardless of the address (place of residence) of the person concerned or the person about whom information is requested. In other words, the company can apply for information to its inspection.
Filling out the document is easy - you need to indicate the data of the company making the request and the person about whom you want to receive information. the person who sent the request (clause 7 of the Procedure).
An extract from the register or a certificate is provided to the organization in the manner specified in its request: on paper (the document is handed over in person or sent by mail) or in the form (clause 4, 7 of the Procedure).
The deadline for providing information is five days from the date of receipt of the relevant request (clause 13 of the Procedure).
How to account for the cost of obtaining information from the registry
Since obtaining information about the disqualification of an individual applying for a managerial position is a legal requirement, the documented costs associated with obtaining them are economically justified.
In accounting, they are accounted for as expenses for ordinary activities (clauses 5, 7 of PBU 10/99, approved by order No. 33n dated May 6, 1999). And in the tax - as other expenses for obtaining information (subparagraph 14, paragraph 1, article 264 tax code RF). Such costs reduce profits regardless of whether it is concluded with the applicant employment contract or not.
M. Akhmetyanova,
lawyer
Not many people know how to find out information about whether the individual or legal entity of interest is in the state register of disqualified persons or not. Knowing the procedure for filling out an application and submitting it to the Federal Tax State Agency, it will not be difficult to make a request. Let's take a closer look at these questions.
The search is carried out on request. Information about the requested person, which was found by the Federal Tax Service in the USR (unified state register), can be provided in the form of an extract or a certificate of lack of information. This happens when it is impossible to determine the required person for one reason or another.
The deadlines for consideration of the application, the procedure for providing information and the interaction of state bodies of various departments in this matter are established by the Administrative Regulations regarding the provision of the Federal Tax Service of the State service for searching data for people interested in this.
An application requiring an extract from the state register of disqualified persons must be submitted in paper form and handed over in person or by mail to any territorial state tax authority. At the same time, it does not matter where the person interested in obtaining the data or the person who is interested is located or registered and lives.
It is also possible to make a request to search for data from the Unified State Register of the Federal Tax Service in in electronic format using the Internet. You can use a special form on the official website of the tax service of the Russian Federation or the State Services portal.
Register of disqualified persons service on the site tax ru
Drawing up a request to the tax register
The application is made only in Russian, indicating the following:
- Full name (patronymic must be entered only if available), date and place of birth of the person who made the request. If information is required by any organization, then you must also indicate its full name, registration state number (OGRN), taxpayer number of the company that initiated the data request.
- Full name (patronymic must be entered only if available), date and place of birth of the person whose data is requested.
- indicate the appropriate option for obtaining an extract (in person, by mail (you must specify the address).
In a situation where the receipt of information available in the Unified State Register of disqualified persons occurs for a fee, along with the application it is required to provide a document that can confirm the payment.
How to get a certificate of absence of information in the registry?
In accordance with Article 32.11 of the Code of Administrative Offenses of the Russian Federation, a person interested in this has the opportunity to obtain information directly from the USR of the Federal Tax Service for a sum of money specified by law (100 rubles). At the same time, both ordinary citizens and organizations have the right to apply for the necessary data that are contained in the State Register of the Federal Tax Authority.
Help Example
As a result, upon sending a request to the state register of the Federal Tax Service, you can get:- an extract from the state register;
- a certificate stating that the requested information is not in the register;
- a letter with a message that it is not possible to accurately identify the requested person.
Data from the USR must be provided within the period established by the legislation of the Russian Federation, which is five business days from the moment the FTS employees received the request. At the same time, people interested in obtaining information have the opportunity to demand the provision of the requested information in paper form.
But in a situation where it is not possible to find the requested information in the USR, then the person concerned will receive a certificate of lack of information within the prescribed period. This happens if they really are not in the state register, or because not all the data of the citizen of interest are indicated when submitting the application, which is why he does not pass identification.
Extract from the register of disqualified persons
The information that is available in the USR of the Federal Tax Service has open access and anyone can get acquainted with it.
The federal government agency, which is authorized to maintain the state register of disqualified persons, places the information in the USR on its own official website on the Internet.
It should be noted that when requesting information that is contained in the Unified State Register and posted on the website of the tax state agency, you will not need to make cash payment, it is absolutely free.
An extract with the information of interest can be provided directly to the individual. a person, if he presents an identity document (passport), endowed with the appropriate authority to a representative of a company or a citizen, if he presents an identity document (passport), as well as a document that confirms that he has these powers.
Sample statement
Also, information may be requested by the court, if it is required to make a decision during the trial. The request is sent directly to the tax state body of the Russian Federation.
The information contained in the state register of disqualified persons may also be requested by other departments in order to provide state or municipal services, and is used to transfer RSMEV data.
If it is not possible to use this system, in this case, information from the Register of Disqualified Persons can be transferred in paper form.
A citizen or organization is excluded from the state register when the period of disqualification expires or if the Federal Tax Service has entered into legal effect a court decision regarding the annulment of an earlier decision on disqualification.
Changes to the state register are made by employees of the Federal Tax Service within 3 business days from the date of receipt of a copy judgment regarding the disqualification or reconsideration of this case.
Disqualified persons are not entitled to hold certain positions, including in an insurance company. In this regard, in order to ensure compliance with the norms of the current legislation, we propose to consider the restrictions that are imposed on disqualified persons, as well as the procedure for obtaining relevant information.
What is meant by disqualification? How is the penalty of disqualification carried out? What is the current procedure for providing information from the register of disqualified persons?
The concept of disqualification
In accordance with Art. 3.11 of the Code of Administrative Offenses of the Russian Federation, disqualification consists in depriving an individual of the right to fill positions in the federal state civil service, positions in the state civil service of a constituent entity of the Russian Federation, positions in the municipal service, hold positions in the executive management body of a legal entity, be a member of the board of directors (supervisory board), carry out entrepreneurial activities for management of a legal entity, to manage a legal entity in other cases provided for by the legislation of the Russian Federation, or to carry out activities for the provision of state and municipal services, or activities in the field of training athletes (including their medical support) and organizing and holding sports events, or carry out activities in the field of conducting an industrial safety review, or to carry out medical activity or pharmaceutical activities. Administrative punishment in the form of disqualification is appointed by the judge.
The minimum period for which a person is disqualified is six months, the maximum is three years.
Disqualification may be applied to persons holding positions in the federal state civil service, positions in the state civil service of a subject of the Russian Federation, positions in the municipal service, to persons exercising organizational and administrative or administrative and economic functions in the body of a legal entity, to members of the board of directors (supervisory board) , to persons engaged in entrepreneurial activities without forming a legal entity, to persons engaged in private practice, to persons who are employees of multifunctional centers for the provision of state and municipal services, employees of other organizations performing the functions of a multifunctional center in accordance with the legislation of the Russian Federation, or employees public institution, carrying out activities for the provision of public services in the field state registration rights to real estate and transactions with it and state cadastral registration real estate, or to trainers, sports medicine specialists or other specialists in the field of physical culture and sports holding positions provided for by the list approved in accordance with the legislation of the Russian Federation, or to experts in the field of industrial safety, medical workers, pharmaceutical workers.
Thus, disqualification is a type of administrative punishment, consisting in deprivation of the right for certain period time to hold certain positions, including to carry out organizational, administrative and economic functions in the body of a legal entity.
Execution of a penalty of disqualification
According to Art. 32.11 of the Code of Administrative Offenses of the Russian Federation, a decision on disqualification must be immediately executed by a person brought to administrative responsibility upon entry into force. The execution of the decision on disqualification is carried out by terminating the agreement (contract) with the disqualified person.
When concluding an agreement (contract), the person authorized to conclude an agreement (contract) is obliged to request information on the existence of disqualification of an individual in the body maintaining the register of disqualified persons.
In order to ensure the registration of persons in respect of whom there are decisions on disqualification that have entered into force, a register of disqualified persons is formed, which is maintained by the federal executive body authorized by the Government of the Russian Federation.
For your information. The Federal Tax Service is an authorized federal executive body that forms and maintains a register of disqualified persons (Order of the Federal Tax Service of Russia dated February 17, 2014 N ММВ-7-7 / 53@ "On Approval of the Regulations of the Federal Tax Service").
The register of disqualified persons contains the following information: last name, first name, patronymic, date and place of birth; the full name and identification number of the taxpayer of the organization in which the disqualified person worked at the time of the administrative offense, the position held by the disqualified person in this organization; an article of the Code of Administrative Offenses of the Russian Federation providing for administrative responsibility for committing an administrative offense; the name of the body that drew up the protocol on the administrative offense; position, surname, name, patronymic of the judge who issued the decision on disqualification; period of disqualification; start and end dates of the period of Ineligibility; information about the revision of the disqualification order.
A person is considered excluded from the register of disqualified persons after the expiration of the period of disqualification or if the Federal Tax Service has a valid judicial act to cancel the decision on disqualification.
Information is entered into the register of disqualified persons by the Federal Tax Service no later than three working days from the date of receipt by the person of a copy of the decision on disqualification that has entered into force or a judicial act on the revision of the decision on disqualification.
Note! The information contained in the register of disqualified persons is open to the public.
The Federal Tax Service places the information contained in the register of disqualified persons on its official website on the Internet. There is no fee for access to information contained in the register of disqualified persons posted on the Internet.
The website of the Federal Tax Service has a service "Business risks: check yourself and the counterparty", which allows you to show due diligence when choosing a counterparty (supplier, contractor), including searching for information in the register of disqualified persons. To check information about a citizen, you must click on the link "Search for information in the register of disqualified persons", then indicate the last name, first name, patronymic, date of birth, if the person worked in a particular organization, then the name and TIN of the organization (it is possible without details of the organization).
The search result is displayed in the form of a table that contains the last name, first name, patronymic of the disqualified person, the number of the entry in the register of disqualified persons, organization, position, article of the Code of Administrative Offenses of the Russian Federation, name of the body that drew up the protocol on the administrative offense, the name of the judge who made the decision, information about disqualification - the period of disqualification.
Also on the website of the Federal Tax Service you can get information about legal entities, whose executive bodies include disqualified persons, for this you need to know the name and PSRN of the legal entity.
In addition, interested parties have the right to receive for a fee information contained in the register of disqualified persons in the form of an extract about a specific disqualified person or a certificate of absence of the requested information.
A copy of the ruling on disqualification that has entered into force is sent by the court that issued it to the Federal Tax Service.
Thus, the execution of the decision on disqualification is carried out by terminating the agreement (contract) with the disqualified person. In order to ensure the execution of this punishment, the authorized body maintains a register of disqualified persons.
The procedure for providing informationcontained in the register of disqualified persons
Order of the Federal Tax Service of Russia dated December 31, 2014 N ND-7-14/700@ approved the procedure for providing information contained in the register of disqualified persons, forms of extract from the register of disqualified persons and a certificate of absence of the requested information.
In accordance with the specified Procedure, the provision of information contained in the register of disqualified persons is a public service.
The standard for the provision of this public service is established by the Administrative Regulations for the provision of the Federal tax service public service for providing interested parties with information contained in the register of disqualified persons, approved by Order of the Ministry of Finance of Russia dated December 30, 2014 N 177n (hereinafter referred to as the Administrative Regulations).
The public service is provided by the Federal Tax Service. The information contained in the register is directly provided to interested persons by the territorial tax authorities and the authorized organization.
The result of the provision of public services are:
- provision of information contained in the register about a specific disqualified person by issuing (sending) an extract from the register to the applicant;
- provision of a certificate on the absence of information about the requested person in the register;
- provision of an information letter about the impossibility to unambiguously identify the requested person.
The term for the provision of public services should not exceed five working days from the date of receipt (registration) by the territorial tax authority, an authorized organization of the relevant request.
The provision of public services is carried out at the relevant request of the applicant for the provision of information contained in the register on a specific disqualified individual, according to the Annexes to the Administrative Regulations.
The request can be submitted:
- on paper - directly by the applicant (his authorized representative) or by mail to the territorial tax authority or through a multifunctional center (MFC);
- in electronic form - by the applicant using the Internet through the official website of the Federal Tax Service or a single portal to an authorized organization.
The applicant has the right to send along with the request a document confirming the payment for the provision of information contained in the register.
There are no grounds for refusing to accept documents required for the provision of public services.
There are also no grounds for suspending the provision of public services.
Refusal to provide a public service is carried out in the following cases:
- discrepancy between the information contained in the enhanced qualified electronic signature of the person who sent the request in electronic form using the official website of the Federal Tax Service on the Internet or the Single Portal, with the information contained in the register;
- availability of information about non-receipt of payment for the provision of information contained in the register.
The provision of information contained in the register to interested parties in the form of an extract or certificate is carried out in accordance with clause 1 of Decree of the Government of the Russian Federation of July 3, 2014 N 615 "On establishing the amount of the fee for providing information from the register of disqualified persons, as well as on changing and recognizing as lost force of certain acts of the Government of the Russian Federation" for a fee of 100 rubles.
Bank details for transferring the specified fee can be found on the official website of the Federal Tax Service or the Federal Tax Service departments for the constituent entities of the Russian Federation.
Documents are accepted and issued throughout the working day of the territorial tax authority (without a lunch break). By decision of the head of the territorial tax authority, a preliminary record is organized for the submission of documents necessary for the provision of public services. In the latter case, preliminary registration is carried out when applicants apply to the territorial tax authority directly or by phone. The applicant is informed of the time of receipt of documents and the window or office, which should be contacted at the appointed time.
Provides an opportunity for the applicant to obtain information about the provided public service on the official websites of the Federal Tax Service and the departments of the Federal Tax Service for the constituent entities of the Russian Federation on the Internet, the Unified Portal of Public Services and in the MFC.
Thus, any interested person has the right to obtain information from the register of disqualified persons upon a relevant request from the Federal Tax Service for a fee of 100 rubles. Information is provided within five business days.