Federal Tax Service in connection with the start of implementation from January 1, 2012 in accordance with the Government decree Russian Federation from November 11, 2002 N 805 "On the formation and maintenance of the register of disqualified persons" functions for the formation and maintenance of the register of disqualified persons (hereinafter - the Register) on the provision of information from the Register recommends the following.
1. Information from the register of disqualified persons is provided to all interested persons (individuals and legal entities, state authorities and local self-government bodies) upon an appropriate request about a specific person (hereinafter - the Request).
Information is provided to state authorities and local governments free of charge. Other interested parties - for a fee in the amount of one minimum wage.
2. The term for providing information is 5 days from the date of receipt of the relevant request.
3. A request from 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:
surname, first name, patronymic (if any), date and place of birth of the person who made the request (if a legal entity applies - additionally the full name, main state registration number (OGRN), an identification number the taxpayer (TIN) of the legal entity - the initiator of the request);
last name, first name, patronymic (if any), date and place of birth of the person about whom information is requested;
indication of convenient way receiving information (in person, by mail (indicating the address)).
4. In cases where the provision of 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 payment for providing information from the register of disqualified persons, the code is indicated in the KBK field budget classification 182 1 13 01 190 01 0000 130 in accordance with the List of chief administrators of budget revenues budgetary system Of the Russian Federation, approved by 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:
extracts from the Register about a specific disqualified person (hereinafter - Extract) in the recommended form in accordance with this letter (generated by software, implementation period software (hereinafter referred to as 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 (generated by software, the software implementation period is January 2012).
The information provided on the basis of the request contained in the Statement (Help) is current (valid) as of the date as of which the document containing this information was generated.
Upon receipt of the Statement (Certificate), the authorized representative of the legal (natural) person shall submit a document confirming its 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 accepting the request, no later than the next business day, are transferred to the unit sending mail correspondence for sending by mail with a return receipt requested by the applicant postal address.
The recommended procedure for providing information from the Register set out in this letter is valid until the corresponding 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 an 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 N 1
I, citizen (s) __________________________________________________
(surname)
(name, patronymic (if any))
________________________________________________________________________
(day, month, year and place of birth)
I ask you to provide information on the availability of information regarding a citizen
________________________________________________________________________
(real surname, previously available in brackets, first name, patronymic (if
stock))
________________________________________________________________________
Year of birth, place of birth ___________________
(day month Year)
________________________________________________________________________
provision of information contained in the Register is attached.
Hand out the information, send it by mail to the address: _______________
(cross out unnecessary)
"__" __________200_ ___________________
(signature)
See this form in MS-Word editor
Appendix N 2
________________________________
(name of the tax authority)
________________________________________________________________________
(full name of the organization that initiated the request)
________________________________________________________________________
(main state registration number of the OGRN of a legal entity)
________________________________________________________________________
(TIN of a legal entity)
________________________________________________________________________
(legal entity address)
________________________________________________________________________
represented by _________________________________________________________________
________________________________________________________________________
(Date and place of birth)
________________________________________________________________________
Acting (s) 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 the 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: _________
(cross out unnecessary)
"__" __________200_ __________________
(signature)
Appendix N 3
Extract from the register of disqualified persons
"__" __________ ____ city N ___________
On the basis of a court ruling (decision) entered into force dated ________
(resolution date)
________________________________________________________________________
(name of the court)
citizen (s) __________________________________________________________
(name of the disqualified person)
________________________________________________________________________
(name, patronymic (if any))
born (s) "__" ___________ place of birth ____________________
________________________________________________________________________
included (a) in the register of disqualified persons for N ______________________
Period of Ineligibility _____ year (s) _____ months _____ days
Ineligibility end date "__" __________ ____
Manager (deputy
head) of the tax authority _____________ _____________________
(signature) (initials, surname)
Appendix N 4
Certificate of absence in the register of disqualified persons of information about
requested person
"__" __________ _____ city N __________
Citizen (s) __________________________________________________________
(surname)
________________________________________________________________________
(name, patronymic (if any))
born (s) "__" _______________ place of birth ________________
not included in the register of disqualified persons.
Manager (deputy
head) of the tax authority ______________ _________________
(signature) (full name)
Letter of the Federal Tax Service of December 29, 2011 N PA-4-6 / [email protected] "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. To do this, you must submit a request (a recommended form is provided). The 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 issued in Russian. It indicates the full name, date and place of birth of the citizen. When contacting a legal entity - its full name, OGRN, TIN. It also provides data on 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 01 190 01 0000 130 are indicated in the KBK field.
Information from the register is provided in the form of an extract about a specific disqualified person or a certificate of the absence of information about the requested person in the register. Recommended forms are given.
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 ^ To the top of the page An interested person's request for 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 person concerned or the person about whom information is requested. A request for information from the Register can be sent in electronic form using the information and telecommunications network Internet, 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 a strengthened 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 (ugrn)
- How to order an extract from the register
- Extract from the register
- Certificate from the URP about the ownership. Where can I get help?
- Independent receipt of an extract from the srp
- How to get an extract from the usrp through public services
Obtaining information from the unified state register of real estate (ugrn) Obtaining procedure To receive a certified extract from the Unified State Register of Legal Entities, you will need the following documents: a passport of a citizen of the Russian Federation, an application for receipt, a receipt for 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 occupy (part 1 of article 3.11 of the Administrative Code of the Russian Federation):
- positions of the federal state civil service,
- positions of the state civil service of a constituent entity of the Russian Federation,
- municipal service positions,
- positions in the executive body of a legal entity,
- be on the board of directors,
- realize entrepreneurial activity legal entity management.
Disqualification is established for a period from 6 months to 3 years (part 1 of article 3.11 of the Administrative Code of the Russian Federation). For the performance by a disqualified person of activities to manage a legal entity, a fine of 5,000 rubles is applied (part 1 of article 14.23 of the Administrative Code of the Russian Federation)
Providing information from the register of disqualified persons
To include a cadastral engineer in the SRO of cadastral engineers, Law No. 452-FZ entrusted him with the obligation to provide information from the register of disqualified persons. All interested persons will be able to receive a certificate from the register of individuals disqualified on the basis of court decisions that have entered into legal force upon 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." Help can also be requested through multifunctional centers for the provision of state and municipal services (MFC) and through the website nalog.ru.
How can I 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. This is how they characterize a document that stores information about a citizen's property rights and information about specific property. USRR data are publicly available, they do not represent any secret.
Self-receipt of an extract from the URS How many are the received extracts from the register valid? The term of legal validity for extracts from the 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.e. only a documentary (official) extract and register is suitable for a notary.
An independent receipt of an extract from the USRP USRR 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, real estate, etc.) Adding the necessary documents is good if you have them on your computer or saved on YandexDisk Payment of the state duty in a convenient way for you Obtaining an extract in person at the office Rosreestr or to the specified address email Required documents If there is a need to obtain an extract from the Unified State Register of Legal Entities for real estate using the portal of state services, you need to prepare the following documents in advance:
- the passport;
- cadastral number of the property;
- additional technical documentation (if any).
All documents must be submitted in scanned form with an electronic digital signature.
Disqualified persons register
Back to top 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, posts 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. The provision of an extract (certificate, information letter) directly to an individual is carried out upon presentation of an identity document to an authorized representative of an organization or an individual - upon presentation of an identity document and a document confirming the relevant authority.
Providing information contained in the RDL
How to order an extract from the register What are the state registers? In total, it is possible to obtain three main types of extracts from state registers: USRLE An extract from the unified state register of legal entities includes information about a specific enterprise, founders, director, address, authorized capital, economic activity and other data; (more ...) EGRIP Extract from the Unified State Register individual entrepreneurs, in its content is similar to that described above, it includes information about the entrepreneur, date of registration, types of economic activities, etc.; (more ...) USRR Extract from the unified state register of rights includes the name, identification number of the object, its address, and information on copyright holders and encumbrances on any real estate object registered in the territory of the Russian Federation.
Help from the register of disqualified persons
To receive an urgent extract from the register (receipt on the next business day), you must pay the state duty through Sberbank of Russia and attach a receipt with the bank's mark of payment to the request. 4 You can also order a statement via the Internet. In this way, data can only be obtained about own enterprise... Go to the official website of the Inspectorate of the Federal Tax Service and in the "Generate a new application" mode, fill out the form. Be sure to indicate the main state registration number of the legal entity (OGRN) and the way you want to receive the extract. five
Upon electronic request, an extract from the state register can be provided in three ways. The first is via the Internet. Such an extract contains data from the register that are open to public access, it does not include passport data, information about current accounts and addresses of individuals.
Such an extract does not bear the seals of the tax authority.
Federal law dated 30.12.2015 No. 452-FZ "On Amendments to the Federal Law" On the State Real Estate Cadastre "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 the mandatory conditions for membership in an 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
Of the Code of Administrative Offenses of the Russian Federation, interested persons have the right to receive for a fee 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. The amount of the fee for the submission of the specified 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 decree dated 03.07.2014 No. 615 "On establishing the amount of payment for providing information from the register of disqualified persons, as well as on changing 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 Registry of ownership, as a rule, indicates real estate objects, the owner of which is to one degree or another a particular person. This document can help in many transactions. Methods of registration And how can a certificate be obtained from the Unified State Register of Registry of the ownership of property? There are a huge number of solutions.
All of them are very actively used in practice. Citizens themselves choose how to act. In general, the paper under study 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 has enshrined the obligation of the tax authorities to maintain the register of disqualified persons in the Regulations on Federal and the amount of payment for providing information contained in this register (Resolution of the Government of the Russian Federation of July 3, 2014 No. 615). When will an 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 a legal entity, to be a member of a council (supervisory board), to carry out entrepreneurial activities to manage a legal entity or to manage it in other cases.
Disqualification is an administrative penalty imposed by a judge, it is established for a period of six months to three years (subclause 8, clause 1 of article 3.2, article 3.11 of the RF Code of Administrative Offenses). A person may be disqualified, for example, for fictitious or deliberate failure to comply with a legal order, a violation labor legislation a company that has previously been punished for a similar violation (Articles 14.12, 19.5, Clause 2, Article 5.27 of the Code of Administrative Offenses of the Russian Federation).
As disqualified persons
The register is formed in order to record disqualified persons (a copy of the order is sent by the court to the tax authority). It contains the following information:
- Full name, date and place of birth of the person;
- name and TIN of the organization in which the employee worked at the time of the offense, and the position he held;
- the applied article of the Code of the Russian Federation on an administrative offense and information about the judge;
- period of ineligibility, start and expiry dates;
- information about the revision of the order of disqualification.
Upon expiration of the period of ineligibility or if the order of ineligibility is canceled, the person will be removed from the register. Information in the register of disqualified persons shall be entered no later than three business days from the date of receipt by the tax authority of a copy of the effective resolution on disqualification, or judicial act about its revision.
No fee is charged for access to the specified information (clause 3 of article 32.11 of the RF Code of Administrative Offenses). 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 persons wish to receive information about a specific person in the form of an extract from the register or a certificate of the absence of the requested information, then such a document is provided for a fee (its size is 100 rubles) within five days.
When you need information from the register of disqualified persons
The execution of the order of disqualification is made by terminating the contract with the disqualified person. When a person, to conclude it, is obliged to request information about the presence of disqualification. Such requirements are contained in paragraph 2 of Article 32.11 of the RF Code of Administrative Offenses.
True, the Labor Code of the Russian Federation does not oblige the employer, when concluding an employment contract with the manager, to find out whether he is not 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 accepted for a managerial position, must request information about him from the body that maintains the register of disqualified persons, that is, in
It should be remembered that the conclusion of an agreement with a disqualified person for the management of an organization, as well as non-application of the consequences of its termination, entails the imposition of an administrative fine on the organization in the amount of up to 100 thousand rubles. In this case, the culprit himself faces a fine 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 the Russian Federation on Administrative Offenses).
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 basis is the conclusion of an employment contract in violation of the judge's order on disqualification (paragraph 5 of article 84, paragraph 11 of article 77 Labor Code RF).
Another reason to check the data is to exercise due diligence when concluding contracts with counterparties. When doing business construction company has the right to request information from the register about the We recommend to do this in order to make sure whether the counterparty is in good faith, whether the transaction concluded with him will not be later challenged.
How to get information from the register of disqualified persons
According to the Procedure approved by order of the Federal Tax Service of Russia dated March 6, 2012 No. ММВ-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. (for details, check with the tax office);
- send a request to tax office (the recommended request form 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 interested person or person about whom information is requested. In other words, the company can ask its inspectorate for information.
It is not difficult to fill out the document - you need to specify the data of the company making the request and the person about whom you want to get 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 indicated in its request: on paper (the document is handed in personally or sent by mail) or in the form (clauses 4, 7 of the Procedure).
The term for providing information is five days from the date of receipt of the corresponding request (clause 13 of the Procedure).
How to account for the cost of obtaining information from the registry
Since obtaining information about the presence of 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 of May 6, 1999). And in the tax - as other expenses for obtaining information (subparagraph 14, paragraph 1 of article 264 Of the 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 carry out the 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 employees of 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 set for consideration of the application, the procedure for providing information and interaction in this matter of government agencies of various departments are established by the Administrative Regulations regarding the provision of the Federal Tax Service of the State Services for the search for data interested in this by people.
An application with the requirement to provide an extract from the state register of disqualified persons must be submitted in paper form and handed over personally or by mail to any territorial tax authority. At the same time, it does not matter where the person interested in obtaining the data or the one who is interested is located or registered and lives.
It is also possible to make a request to search for data from the USR FTS 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 portal of State Services.
Register of disqualified persons service on the site tax ru
Drawing up a request to the tax register
Registration of the application is carried out 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 a suitable option for obtaining an extract (personally, by mail (you must specify the address).
In a situation where the information available in the USR of disqualified persons is obtained for a fee, together with the application, it is required to provide a document that can confirm the payment.
How can I get help about the 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 Unified State Register of the Federal Tax Service for a monetary amount 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 State Agency.
Help example
As a result, upon a request sent 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 there is no way 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 weekdays 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 absence of information within the prescribed period. This happens if they really are not in the state register, or due to the indication when submitting an application not all the data of the citizen of interest, which is why he does not pass identification.
Extract from the register of disqualified persons
The information that is available in the Unified State Register of the Federal Tax Service has open access and anyone who wishes can get acquainted with it.
The federal government agency that 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 is worth noting that when requesting information that is contained in the USR and is posted on the website of the tax government agency, you do not need to enter cash payment, it's absolutely free.
An extract with the information of interest can be provided directly to individuals. a person, if he presents a document proving his identity (passport), to an authorized 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
Information can also be requested by the court if it is required for a decision in the course of the trial. The request is sent directly to the tax authority of the Russian Federation.
The information contained in the state register of disqualified persons can be requested by other departments in order to provide state or municipal services, while being used to transmit data to RSMEV.
If it is not possible to use this system, in this case, information from the Register of Disqualified Persons may be transferred in paper form.
A citizen or an organization is excluded from the state register when the period of ineligibility expires or if the FTS has a legal force a court decision regarding the cancellation of an earlier disqualification order.
Amendments to the state register are made by employees of the Federal Tax Service within 3 weekdays from the date of receipt of a copy of the court decision regarding the disqualification or review of this case.
Disqualified persons are not entitled to hold certain positions, including in an insurance organization. In this regard, in order to ensure compliance with 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 a disqualification? How is the penalty of disqualification carried out? What is the current procedure for providing information from the register of disqualified persons?
Disqualification concept
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 the positions of the federal state civil service, the position of the state civil service of the subject of the Russian Federation, the position of the municipal service, hold positions in the executive body of a legal entity, enter the board of directors (supervisory board), carry out entrepreneurial activities managing a legal entity, managing a legal entity in other cases provided for by the legislation of the Russian Federation, or carrying out activities to provide state and municipal services, or activities in the field of training athletes (including their medical support) and organizing and holding sports events, or carrying out activities in the field industrial safety expertise, or carry out medical activity or pharmaceutical activities. An administrative penalty in the form of disqualification is imposed by a judge.
The minimum period for which a person is disqualified is six months, the maximum is three years.
Disqualification can be applied to persons replacing the positions of the federal state civil service, the position of the state civil service of a constituent entity of the Russian Federation, the position of the municipal service, to persons performing organizational and administrative or administrative functions in the body of a legal entity, to members of the board of directors (supervisory board) , to persons engaged in entrepreneurial activity 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 state institutioncarrying 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 coaches, sports medicine specialists or other specialists in the field of physical culture and sports holding positions provided for in the list approved in accordance with the legislation of the Russian Federation, or to experts in the field of industrial safety, medical professionals, pharmaceutical workers.
Thus, disqualification is a type of administrative punishment consisting in deprivation of the right for a certain period time to occupy certain positions, including carrying out organizational and administrative and administrative functions in the body of a legal entity.
Execution of punishment in the form of disqualification
According to Art. 32.11 of the Code of Administrative Offenses of the Russian Federation, the decision on disqualification must be immediately after the entry into legal force executed by a person brought to administrative responsibility. The execution of the order on disqualification is made 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 about the presence of disqualification of an individual from the body that maintains the register of disqualified persons.
In order to ensure the registration of persons in respect of whom there are resolutions on disqualification that have entered into legal 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 responsible for the formation and maintenance of the register of disqualified persons (Order of the Federal Tax Service of Russia dated February 17, 2014 N ММВ-7-7 / [email protected] "On Approval of the Regulations of the Federal Tax Service").
The register of disqualified persons contains the following information: surname, name, patronymic, date and place of birth; the full name and taxpayer identification number 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; article of the Code of Administrative Offenses of the Russian Federation, which provides for administrative liability 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 order on disqualification; period of ineligibility; the start and expiry dates of the period of ineligibility; information about the revision of the order of disqualification.
A person is considered excluded from the register of disqualified persons upon the expiration of the period of disqualification or if there is a court order in the Federal Tax Service to revoke the order of disqualification.
The entry of information into the register of disqualified persons is carried out by the Federal Tax Service no later than three working days from the date the person receives a copy of an effective order on disqualification or a judicial act on revising the order on disqualification.
Note! The information contained in the register of disqualified persons is publicly available.
The Federal Tax Service publishes the information contained in the register of disqualified persons on its official website on the Internet. There is no charge for accessing information contained in the Internet Registry of Disqualified Persons.
The service "Business Risks: Check Yourself and the Counterparty" is running on the FTS website, 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, follow 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 specific organization, then the name and TIN of the organization (without the organization's details).
The search result is displayed in the form of a table, which indicates 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 Administrative Offenses Code of the Russian Federation, the name of the body that drew up the protocol on the administrative offense, the name of the judge who made the decision, information about Ineligibility - the period of ineligibility.
Also on the FTS website you can get information about legal entities, whose executive bodies include disqualified persons, for this you need to know the name and OGRN of the legal entity.
In addition, interested persons 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 the absence of the requested information.
A copy of the effective disqualification order is sent by the court that issued it to the Federal Tax Service.
Thus, the execution of the order of disqualification is carried out by terminating the agreement (contract) with the disqualified person. In order to ensure the execution of the specified punishment, the authorized body maintains a register of disqualified persons.
The procedure for providing informationdisqualified persons in the register
By order of the Federal Tax Service of Russia dated 31.12.2014 N ND-7-14 / [email protected] 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 the absence of the requested information was approved.
In accordance with this 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 state services 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 - the Administrative Regulations).
The state service is provided by the Federal Tax Service. The direct provision of the information contained in the register to interested parties is carried out by territorial tax authorities and an 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 of absence in the register of information about the requested person;
- provision of an information letter about the impossibility of unambiguously identifying 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, authorized organization of the relevant request.
The provision of public services is carried out at the appropriate request of the applicant for the provision of information contained in the register about a specific disqualified natural person, according to the Appendices 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 the 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, simultaneously with the request, a document confirming the payment of 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 public services is carried out in the following cases:
- inconsistency of 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 on 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 the Decree of the Government of the Russian Federation of 03.07.2014 N 615 "On establishing the amount of payment for providing information from the register of disqualified persons, as well as on changing and recognizing as lost force of some 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 FTS or the FTS departments for the constituent entities of the Russian Federation.
Reception and delivery of documents are carried out 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 appointment is organized to submit the documents necessary for the provision of public services. In the latter case, the preliminary registration is carried out when applicants contact 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 the opportunity for the applicant to obtain information about the provided public service on the official websites of the Federal Tax Service and the Federal Tax Service departments for the constituent entities of the Russian Federation on the Internet, the Unified Portal of Public Services and the MFC.
Thus, any interested person has the right to obtain information from the register of disqualified persons upon a request from the Federal Tax Service for a fee of 100 rubles. The information is provided within five working days.