On approval of the Rules for the provision of local, intrazonal, intercity and international services telephone communication
(as amended on June 30, December 29, 2005, February 5, July 24, 2007, February 16, 2008, March 10, 2009)
In pursuance Federal Law"On Communications" and the Law Russian Federation“On the protection of consumer rights” the Government of the Russian Federation decides:
1. Approve the attached provision of local, intrazonal, intercity and international telephone services.
N 408, paragraph 2 of this resolution has been amended
2. Establish that the Rules approved by this resolution shall come into force on January 1, 2006.
By Decree of the Government of the Russian Federation of June 30, 2005 N 408, paragraph 3 of this resolution was amended
Decree of the Government of the Russian Federation of September 26, 1997 N 1235 “On approval of the Rules for the provision of telephone services” (Collected Legislation of the Russian Federation, 1997, N 40, Art. 4599);
paragraph 2 of the amendments and additions that are made to the acts of the Government of the Russian Federation on the provision of telephone, telegraph communication and wire broadcasting (radio) services, approved by Decree of the Government of the Russian Federation of January 14, 2002 N 12 (Collection of Legislation of the Russian Federation, 2002, N 3, Art. 223).
Chairman of the Government of the Russian Federation M. Fradkov
Moscow
N 310
Rules
provision of local, intrazonal, long-distance and international telephone services
I. General provisions
1. These Rules govern the relationship between the subscriber and (or) user of telephone communication services and the telecom operator in the provision of local, intrazonal, long-distance and international telephone services in the communication network common use(hereinafter referred to as telephone services).
N 477
N 828, paragraph 2 of these Rules has been amended
2. The concepts used in these Rules mean the following:
"subscriber"- a user of telephone communication services with whom an agreement has been concluded for the provision of telephone communication services with the allocation of a subscriber number for these purposes;
"subscriber line" - a communication line connecting the user (terminal) equipment with the terminal element of the communication network;
"subscriber number" - a number that uniquely identifies (identifies) the terminal element of the communication network;
"intrazone telephone connection" - telephone connection between user (terminal) equipment connected to the local telephone network and located within the territory of the same subject of the Russian Federation, or telephone connection between user (terminal) equipment connected to the local telephone network and user (terminal) equipment ) equipment connected to a mobile communications network, when the corresponding subscriber of this mobile communications network is allocated a subscriber number that is part of a resource of a geographically undefined numbering zone assigned to the same subject of the Russian Federation;
"call"- actions performed by a subscriber or user of telephone communication services in order to establish a connection between his user (terminal) equipment and the user (terminal) equipment of another subscriber or user of telephone communication services, and the set of operations generated by these actions in the telecommunication network;
"additional subscriber number" - a number that uniquely defines (identifies) the hardware and software of the communication node of the local telephone network, allowing for the forwarding of incoming calls;
"telephone connection tariff unit" - the duration of the telephone connection, for the provision of which the subscriber or user of telephone services is charged a fee equal to the tariff established for the connection of this type;
"service area of the communication center of the local telephone network" - the territory within which the user (terminal) equipment is connected or can be connected by subscriber lines with communication facilities of the same communication center of the local telephone network;
"service area of the telecom operator's local telephone network" - a set of service areas of all communication nodes of the local telephone network of the same telecom operator;
"telephone service payment card" - a means that allows the subscriber and (or) user of telephone communication services to initiate a call by identifying the subscriber and (or) user of telephone communication services to the telecom operator as a payer in the telecom operator’s communication network;
"telephone network operator selection code" - a number or combination of numbers dialed by a subscriber and (or) user of telephone services to select a long-distance and international telephone network operator;
"local telephone connection" - telephone connection between user (terminal) equipment connected to the local telephone network and located within the territory of the same municipal district, urban settlement, rural settlement, cities of federal significance;
"long distance telephone connection" - a telephone connection between user (terminal) equipment connected to a local telephone network and located within the territory of various constituent entities of the Russian Federation, or a telephone connection between user (terminal) equipment connected to a local telephone network within the territory of one constituent entity of the Russian Federation, and user (terminal) equipment connected to a mobile communications network, when the corresponding subscriber of this mobile communications network is allocated a subscriber number that is part of a resource of a geographically non-defined numbering zone assigned to another subject of the Russian Federation;
"international telephone connection" - a telephone connection between user (terminal) equipment, when one user (terminal) equipment is connected to a local telephone network and is located within the territory of the Russian Federation, and another user (terminal) equipment is located outside the territory of the Russian Federation, or a telephone connection between user (terminal) equipment connected to the local telephone network within the territory of the Russian Federation, and user (terminal) equipment connected to the mobile network, when the corresponding subscriber of this mobile network is allocated a subscriber number that is not part of the numbering resource assigned to the Russian Federation;
"telephone service user" - a person ordering and (or) using telephone services;
"providing access to the local telephone network" - a set of actions by the telecom operator of the local telephone network to form a subscriber line and connect user (terminal) equipment with its help to the communication node of the local telephone network in order to ensure the provision of telephone services to the subscriber;
"providing access to telephone services" - provision by one telecom operator of the opportunity for its subscriber and (or) user of telephone communication services to receive telephone communication services provided by another telecom operator;
"co-subscribers"- citizens living in communal apartment who authorized one of the residents of this apartment to conclude an agreement for the provision of telephone services, providing for the collective use of user (terminal) equipment;
"tariff plan"- a set of price conditions under which the telecom operator offers to use one or more telephone services;
"telephone connection" - interaction established as a result of a call between means of communication, allowing the subscriber and (or) user of telephone communication services to transmit and (or) receive voice and (or) non-voice information;
"technical ability to provide access to the local telephone network" - simultaneous presence of unused mounted capacity of the communication center, in the coverage area of which the connection of user (terminal) equipment to the local telephone network is requested, and unused communication lines that allow the formation of a subscriber communication line between the communication center and this user (terminal) equipment;
"technical ability to provide telephone services using an additional subscriber number" - the presence of unused communication means that allow the telecom operator of the local telephone network to forward incoming calls;
"telephone network communication node" - communication means performing the functions of switching systems.
3. The relationship between the telecom operator and the subscriber and (or) user of telephone communication services (hereinafter referred to as the user), arising during the provision of telephone communication services on the territory of the Russian Federation, is carried out in Russian.
Decree of the Government of the Russian Federation of February 16, 2008 N 93
By Decree of the Government of the Russian Federation of December 29, 2005 N 828, paragraph 4 of these Rules was amended
4. The telecom operator is obliged to ensure the confidentiality of telephone conversations transmitted over communication networks.
Restriction of the right to privacy of telephone conversations transmitted over communication networks is permitted only in cases provided for by federal laws.
Information about telephone conversations transmitted over communication networks can be provided only to subscribers or their authorized representatives, unless otherwise provided by federal laws.
Information about a citizen subscriber that has become known to the telecom operator due to the execution of an agreement for the provision of telephone services (hereinafter referred to as the agreement) may be used by the telecom operator to provide reference and other information services or transferred to third parties only with the written consent of this subscriber, except in cases provided for by federal laws.
The consent of the citizen subscriber to the processing of his personal data in order for the telecom operator to make payments for the provided communication services, as well as to consider claims, is not required.
5. In emergency situations of a natural and man-made nature, the telecom operator, in the manner prescribed by legislative and other regulatory legal acts of the Russian Federation, is obliged to provide telephone services to the eligible subscriber and (or) user as a matter of priority, and also has the right to temporarily stop or limit provision of telephone services.
6. For individual categories officials government bodies, diplomatic and consular representatives of foreign states, representatives of international organizations, as well as individual categories citizens may be given advantages in priority and in the order in which they use telephone services.
The categories of officials and citizens who have the right to benefits in the provision of telephone services are determined by international treaties of the Russian Federation, legislative acts of the Russian Federation and legislative acts of the constituent entities of the Russian Federation.
7. Only such user (terminal) equipment (telephone, fax machine, answering machine or other equipment) (hereinafter referred to as the equipment) can be connected to the subscriber line, for which there is a document confirming the compliance of these means of communication with the established requirements.
The obligation to provide equipment to be connected to the subscriber line rests with the subscriber, unless otherwise provided by the contract.
8. The telecom operator provides the subscriber and (or) user with the opportunity to use telephone services 24 hours a day, unless otherwise established by the legislation of the Russian Federation.
9. Telephone services are divided into local, intrazonal, long-distance and international communication services.
10. The telecom operator has the right to provide the subscriber and (or) user with those telephone services for which this telecom operator has been issued a license. In this case, the telecom operator is obliged to provide telephone services in accordance with the license conditions provided for in the license issued to the telecom operator.
The provision of telephone services may be accompanied by the provision by the telecom operator of other services that are technologically inextricably linked with telephone services and aimed at increasing their consumer value, subject to the requirements stipulated by these Rules.
11. The ability to call emergency operational services is provided by the telecom operator providing local telephone services to each subscriber and (or) user free of charge and around the clock by dialing a number (numbers) uniform throughout the Russian Federation for the corresponding service (services). Emergency services include:
a) fire service;
b) emergency response service;
c) police service;
d) emergency medical service;
e) emergency gas network service;
f) “Antiterror” service.
12. The telecom operator is obliged to create a system of information and reference services in order to provide the subscriber and (or) user with information related to the provision of telephone services.
13. The information and reference service system consists of information and reference services, as well as information and reference printed publications (telephone directories) on paper and (or) electronic media, containing information about the telecom operator, subscribers and their subscriber numbers, as well as other information necessary for using telephone services.
14. The information and reference service system provides paid and free information and reference services.
15 . A telecom operator providing local telephone services provides the following information and reference services free of charge and around the clock:
a) issuance of a certificate about the telephone number of a local telephone network subscriber (citizen and legal entity), about tariffs for local telephone services, about the status of the subscriber’s personal account and about local time;
b) calling a local telephone network repair bureau;
c) receiving information about a technical malfunction that prevents the use of telephone services;
d) provision of information related to the provision of universal communication services.
16. A telecom operator providing intrazonal telephone services provides the following information and reference services free of charge and around the clock:
a) issuance of a certificate on the intercity code of the locality, on tariffs for intrazonal telephone communication services, on the status of the subscriber’s personal account, on the procedure for using automatic intrazonal telephone communication and on the service numbers of the telecom operator for ordering an intrazonal telephone connection with the help of a telephone operator;
17 . A telecom operator providing long-distance and international telephone services provides the following information and reference services free of charge and around the clock:
a) issuance of a certificate on the intercity code of the locality, on the international code of the country and foreign locality, on tariffs for long-distance and international telephone services, on the status of the subscriber’s personal account, on the time difference with the called locality located on the territory of the Russian Federation or outside its boundaries, on the procedure for using automatic long-distance and international telephone communications and on the service numbers of the telecom operator for ordering long-distance and international telephone connections with the help of a telephone operator;
b) receiving information about a technical malfunction that prevents the use of telephone services.
18. The list of free information and reference services established by these Rules cannot be reduced.
19. The telecom operator independently determines the list and time of provision of paid information and reference services.
By Decree of the Government of the Russian Federation of December 29, 2005 N 828, paragraph 20 of these Rules was amended
20. The telecom operator includes in telephone directories the following information about subscribers of its communication network:
a) last name, first name, patronymic and allocated subscriber number (with the written consent of the citizen subscriber);
b) name (company name), address of equipment installation, numbers specified by the subscriber from among the numbers allocated to this subscriber (for a subscriber - a legal entity).
When determining the method of distributing information and reference publications, the telecom operator takes reasonable measures to ensure the availability of this information for subscribers and users.
The telecom operator updates the information posted in telephone directories at least once a year.
21. Multiple telecom operators can create unified system information and reference services, including unified information and reference publications.
22. The telecom operator is obliged to provide the subscriber and (or) user with the information necessary for concluding and executing the contract. Specified information in Russian (if necessary in other languages) in a clear and accessible form is brought to the attention of the subscriber and (or) user free of charge through means mass media, information and reference services, as well as in places where telephone services are provided.
23 . Information provided by the telecom operator to the subscriber and (or) user when concluding an agreement includes:
By Decree of the Government of the Russian Federation of December 29, 2005 N 828, subparagraph “a” of paragraph 23 of these Rules is stated in a new edition
a) the name (company name) of the telecom operator, the list of its branches, the location and operating hours of the telecom operator and its branches;
b) details of the license(s) issued to the telecom operator to carry out activities in the field of provision of communication services (hereinafter referred to as the license) and the content of the license conditions;
c) a list of telephone services, conditions and procedure for their provision;
By Decree of the Government of the Russian Federation of July 25, 2007 N 477, changes were made to subparagraph “d” of paragraph 23 of these Rules
d) list of codes for selecting long-distance and international telephone networks;
e) list and description of advantages and limitations in the provision of telephone services;
f) name and details regulatory documents, defining the requirements for the quality of telephone services provided;
g) tariffs for telephone services;
h) the procedure, forms and systems of payment for telephone services;
i) the procedure and time frame for considering an application for concluding an agreement;
j) the procedure for considering claims of the subscriber and (or) user;
k) a list of equipment that has a document confirming compliance with established requirements;
l) telephone numbers of information and reference services and repair bureaus;
m) indication of places where the subscriber and (or) user can in full read these Rules;
o) an indication of the specific person who will perform the work (or will be responsible for its implementation) related to the provision of telephone services, his last name, first name, patronymic and position, if this is relevant based on the nature of the service.
The telecom operator is obliged, at the request of the subscriber and (or) user, to provide him with additional information related to the provision of telephone services.
II. Procedure and conditions for concluding an agreement
24. Telephone services are provided on the basis of fee-based contracts.
25. The parties to the agreement are a citizen or legal entity or individual entrepreneur, on the one hand, and a telecom operator, on the other hand.
Decree of the Government of the Russian Federation of July 25, 2007 N 477
By Decree of the Government of the Russian Federation of December 29, 2005 N 828, paragraph 26 of these Rules was amended
26 . To conclude an agreement, a telecom operator providing local telephone services with access to the local telephone network or using an additional subscriber number must submit an application, the form of which is established by the telecom operator.
A citizen aged 14 years and until he reaches 18 years of age submits an application for concluding an agreement with the written consent of legal representatives (parents, adoptive parents, trustees).
The application is filled out in 2 copies and registered by the telecom operator. One copy remains with the telecom operator, the other is given to the applicant.
The procedure for registering applications for concluding an agreement is established by the telecom operator.
27. An agreement (agreements) may be concluded with citizens living in a communal apartment providing for the provision of telephone services with collective and (or) individual use of equipment.
By Decree of the Government of the Russian Federation of December 29, 2005 N 828, paragraph 28 of these Rules was amended
28 . An application for concluding an agreement providing for the provision of telephone communication services with the collective use of equipment is submitted to the telecom operator providing local telephone communication services with provision of access to the local telephone communication network, by a citizen, an authorized representative from each family living in this communal apartment and having intention to use telephone services.
The citizen’s authority to submit an application is confirmed by a power of attorney executed in the prescribed manner.
29 . When submitting an application for concluding a contract, a citizen presents a document proving his identity.
When submitting this application, a representative of a legal entity presents a document confirming his powers (power of attorney or decision to elect a sole representative executive body).
30 . When submitting an application for concluding an agreement, a citizen submits the following documents to the telecom operator:
a) a copy of the document confirming the right of ownership or use of the premises in which the equipment is installed;
b) written consent of legal representatives (in the case specified in these Rules);
c) power of attorney (in the cases specified in these Rules).
31 . When submitting an application for concluding an agreement, a representative of a legal entity submits the following documents to the telecom operator:
a) a copy of the certificate of state registration legal entity;
32 . Individual entrepreneur When submitting an application for concluding an agreement, submit the following documents to the telecom operator:
a) a copy of the certificate of state registration of a citizen as an individual entrepreneur;
b) a copy of a document confirming the right of ownership or use of the premises in which the equipment is installed.
33. The documents specified in and these Rules are stored by the telecom operator.
34. An application for concluding an agreement may be submitted to any telecom operator providing telephone services in the territory municipality, where the room in which the equipment is installed is located. The telecom operator does not have the right to refuse the applicant to accept and consider the said application.
By Decree of the Government of the Russian Federation of July 25, 2007 N 477, paragraph 35 of these Rules is stated in a new edition
35. The telecom operator, within a period not exceeding 1 month from the date of registration of the application for concluding an agreement, checks, in accordance with the application, the availability of the technical feasibility of providing access to the local telephone network or the technical feasibility of providing telephone services using an additional subscriber number (hereinafter referred to as - technical feasibility). If the appropriate technical capability is available, the telecom operator enters into an agreement with the applicant.
Decree of the Government of the Russian Federation of July 25, 2007 N 477
36. In the absence of appropriate technical capabilities, the application for concluding an agreement is accepted for registration in order to determine the priority of concluding an agreement.
The priority for concluding an agreement is determined based on the date of registration of the application for concluding an agreement and taking into account the advantages established by the legislation of the Russian Federation and international treaties. The order of the queue for concluding a contract is determined by the telecom operator.
By Decree of the Government of the Russian Federation of July 25, 2007 N 477, paragraph 36 of these Rules was amended
37. The telecom operator, within a period not exceeding 2 months from the date of registration of the application for concluding an agreement, informs (in writing) the applicant about the expected period for concluding the agreement, and in the absence of the corresponding technical possibility - also about the serial number of his application in the queue.
38. An application for concluding an agreement may be reissued in the following cases:
a) change in the place of residence (location) of the applicant;
b) replacement of the applicant.
The application for concluding an agreement is reissued on the basis of a written request from the applicant, his heir (legal successor) or a person authorized by the applicant.
39. An application for the conclusion of an agreement submitted by a citizen may be re-registered to another citizen who, on the day of applying for re-registration of the application, has been registered at the applicant’s place of residence for at least 6 months or is a participant in the common ownership of residential premises, the address of which was indicated in the application and in where the equipment will be installed.
The application may be reissued in the name of a family member of the applicant registered at the applicant’s place of residence or who has become a participant common property for residential premises later than the date of application.
The application can be re-issued in the name of a family member of the applicant who was a minor on the date of filing the application, from the moment he reaches 18 years of age. Moreover, until the age of 14, his legal representatives have the right to re-register an application on behalf of a minor.
In the cases specified in this paragraph, the serial number of the reissued application in the queue for concluding an agreement remains the same as that of the reissued (initial) application.
40. When renaming or reorganizing the applicant - a legal entity, the application for concluding an agreement is reissued indicating the new name of the applicant - legal entity or legal successor. When reorganizing in the form of separation or division, the question of which of the legal successors should re-register the application is decided in accordance with the separation balance sheet.
41. If the place of residence (location) of the applicant changes within the service area of the same communication center of the local telephone network, the application for concluding an agreement may be reissued indicating a new address for installation of the equipment. In this case, the serial number of the reissued application in the queue for concluding an agreement remains the same as that of the reissued (primary) application.
If the place of residence (location) of the applicant changes within the service area of the local telephone network of the telecom operator to whom the application was submitted, but outside the service area of the communication center, which included the equipment installation address specified in the application, the application is reissued indicating the new equipment installation addresses. In this case, the priority of concluding an agreement with the applicant is established based on the date of registration of the reissued (initial) application.
42. An application for concluding an agreement is removed from the register if the applicant, without good reason, within 30 days from the receipt of written notice (with acknowledgment of delivery) of the telecom operator’s readiness to conclude an agreement with him, has not contacted the operator to conclude an agreement or with an application on granting a deferment from concluding a contract.
43. An agreement concluded with a citizen is public. The contract is concluded for an indefinite period. At the request of the applicant, a fixed-term contract can be concluded.
By Decree of the Government of the Russian Federation of July 25, 2007 N 477, paragraph 44 of these Rules was amended
44. The telecom operator has the right to refuse to conclude an agreement if there is no appropriate technical capability.
In case of refusal or evasion of the telecom operator from concluding an agreement, the applicant has the right to apply to the court with a demand for compulsion to conclude an agreement and for compensation for losses. The burden of proving the lack of technical ability to provide access to the local telephone network lies with the telecom operator.
45. The lack of technical ability to provide access to the local telephone network to one applicant is not an obstacle to concluding an agreement with another applicant, including those who submitted the application later, but indicated in it a location for installing equipment where it is technically possible to provide access to the local telephone network communications.
46 . The telecom operator, in the absence of applications for concluding an agreement from other persons requesting installation of equipment within the service area of the local telephone network communication center specified by the applicant, has the right to enter into an agreement with the applicant providing for the provision of access to the local telephone network and installation of equipment in the premises in which the equipment has already been installed.
47. An agreement with a citizen applicant providing for the installation of equipment in non-residential premises may be concluded subject to compliance with the requirements specified in these Rules.
By Decree of the Government of the Russian Federation of December 29, 2005 N 828, paragraph 48 of these Rules was amended
48. The agreement is concluded in writing in 2 copies, 1 of which is handed to the subscriber, or by carrying out implied actions.
An agreement concluded by implementing implicit actions is considered concluded from the moment the subscriber and (or) user makes a call, and if the user’s actions aimed at concluding an agreement constitute an advance payment, such an agreement is considered concluded from the moment this advance is made.
An agreement on the provision of local telephone services, with the exception of fixed-term agreements on the provision of one-time telephone services using payphones or on the provision of one-time telephone services using public access means, is concluded in writing.
49. The telecom operator has the right to instruct a third party to enter into an agreement on behalf and at the expense of the telecom operator, as well as carry out settlements with the subscriber and (or) user on its behalf.
In accordance with an agreement concluded by a third party on behalf and at the expense of the telecom operator, rights and obligations arise directly from the telecom operator.
By Decree of the Government of the Russian Federation of December 29, 2005 N 828, paragraph 50 of these Rules is stated in a new edition
50. A telecom operator providing intra-zonal telephone communication services does not have the right to refuse a subscriber and (or) user of a telecom operator providing local telephone communication services to enter into an agreement, except in cases where the communication networks of these telecom operators do not have an interconnection.
A telecom operator providing long-distance and international telephone services does not have the right to refuse to conclude an agreement for a subscriber and (or) user of a telecom operator providing local telephone services.
51. In an agreement providing for the collective use of equipment, the subscriber is a citizen authorized by a representative from each family living in a communal apartment and intending to use telephone services.
52. Co-subscribers have equal rights and obligations to use telephone services. Capable co-subscribers bear joint and several liability with the subscriber for the obligations arising from the contract.
Decree of the Government of the Russian Federation of July 25, 2007 N 477
By Decree of the Government of the Russian Federation of December 29, 2005 N 828, paragraph 53 of these Rules was amended
53. An agreement concluded in writing shall indicate:
a) date and place of conclusion of the contract;
b) name (company name) of the telecom operator;
c) details of the current account of the telecom operator;
d) details of the license issued to the telecom operator;
e) information about the subscriber (last name, first name, patronymic, date and place of birth, place of residence and details of the main identity document - for a citizen, name (company name) of a legal entity, its location (place of state registration) - for a legal entity faces);
f) equipment installation address;
g) type (type) of equipment;
h) collective or individual use of equipment;
i) the subscriber’s consent (refusal) to access intra-zonal, long-distance and international telephone services and to provide information about him to other telecom operators for the provision of such services (for contracts for the provision of local telephone services);
j) consent (refusal) of the citizen subscriber to the use of information about him for information and reference services;
k) address and method of delivery of the invoice for telephone services provided;
l) rights, obligations and responsibilities of the parties;
m) the obligation of the telecom operator to comply with the deadlines and procedure for eliminating faults in the telecom operator’s communication network that impede the use of telephone services;
o) the duration of the contract.
The requirements of subparagraphs “e” - “i” of this paragraph do not apply to an agreement concluded with the allocation of an additional subscriber number for the provision of telephone communication services.
If the subscriber agrees to access intra-zonal, long-distance and international telephone communication services, by the subscriber's decision, the contract specifies the names of telecom operators providing these telephone communication services and codes for selecting the long-distance and international telephone network operator, which is determined by the subscriber to receive long-distance and international telephone services. international telephone communication (pre-selection), or the subscriber's decision to select a long-distance and international telephone network operator for each call made to receive the relevant services (selection for each call).
The agreement with a subscriber who is a legal entity provides for the obligation of the legal entity to provide the telecom operator with a list of persons using its user (terminal) equipment, and establishes the deadline for providing the specified list, and also establishes that the specified list must be certified by an authorized representative of the legal entity, contain the names, names, patronymics, places of residence, details of the main identification document of these persons, and updated at least once a quarter.
54. The contract must indicate the following essential conditions:
a) subscriber number (additional subscriber number);
b) telephone services provided;
By Decree of the Government of the Russian Federation of July 25, 2007 N 477, changes were made to subparagraph “c” of paragraph 54 of these Rules
c) equipment connection diagram (for an agreement on the provision of local telephone services without the use of collective access facilities or an additional subscriber number);
By Decree of the Government of the Russian Federation of July 25, 2007 N 477, changes were made to subparagraph “d” of paragraph 54 of these Rules
d) tariff plan for paying for telephone services;
e) procedure, terms and form of payments.
55. In an agreement providing for the collective use of equipment, the payment system for local telephone connections is established on the basis general solution all subscribers. If co-subscribers fail to reach agreement, a subscription payment system is established.
56 . When concluding an agreement, the telecom operator does not have the right to impose on the subscriber and (or) user the provision of other services for a fee.
57 . The telecom operator does not have the right to condition the provision of some telephone services on the mandatory provision of other services.
58. An agreement with the applicant, a legal entity, cannot be concluded on the terms of using a dual connection scheme for equipment.
III. Procedure and conditions for execution of the contract
Rights and obligations of the parties when executing the contract
59. The telecom operator is obliged:
a) provide the subscriber and (or) user with telephone communication services in accordance with legislative and other regulatory legal acts of the Russian Federation, these Rules, license and agreement;
b) eliminate within the established time frame any malfunctions that impede the use of telephone services;
c) provide the citizen subscriber with the opportunity to choose a payment system for local telephone connections;
d) notify subscribers and (or) users through the media about changes in tariffs for telephone services at least 10 days before the introduction of new tariffs;
e) create conditions for unhindered access of subscribers and (or) users, including people with disabilities, to communication facilities designed to work with users, including places where telephone services are provided and places where they can be paid for;
e) assign in agreement with the subscriber and (or) user new term execution of telephone services, if failure to meet deadlines was due to force majeure circumstances.
60. The subscriber is obliged:
a) pay for the telephone services provided to him and other services provided for in the contract in full and within the terms specified therein;
b) do not connect equipment to the subscriber line that does not have a document confirming compliance with established requirements;
c) inform the telecom operator within a period not exceeding 60 days of the termination of his right to own and (or) use the telephone premises, as well as of a change in his surname (first name, patronymic) and place of residence, name (company name) and location;
e) follow the rules for operating the equipment.
61. The user is obliged:
a) pay full payment to the telecom operator for the telephone services provided to him;
b) comply with the rules for using payphones and public access facilities established by the telecom operator.
62. The subscriber and (or) user has the right:
a) demand the provision of advantages in the provision of telephone services provided for this subscriber and (or) user by international treaties, the legislation of the Russian Federation or the legislation of the constituent entities of the Russian Federation;
b) unilaterally refuse to fulfill the contract at any time, subject to payment of the costs actually incurred by the telecom operator to provide this subscriber and (or) user with telephone services;
c) refuse to pay for telephone services provided to him without his consent;
d) assign, in agreement with the telecom operator, a new period for the provision of telephone services, if failure to comply with the terms was due to force majeure circumstances, which were notified to the subscriber and (or) user before the expiration of the appointed period for the provision of telephone services.
Features of the provision of local telephone services
63. The telecom operator, on its own initiative, has the right to replace the subscriber number allocated to the subscriber only if the continuation of the provision of telephone services using specified number impossible. In this case, the telecom operator is obliged to notify the subscriber in writing and inform him of his new subscriber number at least 60 days before the replacement date, unless the need for replacement was caused by unforeseen or emergency circumstances.
In the event of a mass replacement of subscriber numbers, subscribers are notified through the media and using the communications equipment of the telecom operator (automatic informer).
64. The subscriber number can be replaced by the telecom operator at the initiative of the subscriber.
65. Switching a subscriber number to another subscriber line to a premises located at a different address and in the possession or use of this subscriber can only be done upon a written application from the subscriber.
By Decree of the Government of the Russian Federation of December 29, 2005 N 828, paragraph 66 of these Rules was amended
66. In order to connect communication facilities to the subscriber line, ensuring the simultaneous sharing of 1 subscriber line by 2 telecom operators for the provision of various communication services, the telecom operator of the local telephone network is obliged to change the switching scheme of the equipment operating on a separate subscriber line when receiving a request from another telecom operator about such a change, agreed in writing with the subscriber. At the same time, the procedure and conditions for making such changes are regulated by an agreement concluded between these telecom operators.
Features of the provision of intrazonal, intercity and international telephone services
N 219, paragraph 67 of these Rules has been amended
Decree of the Government of the Russian Federation of July 25, 2007 N 477
By Decree of the Government of the Russian Federation of December 29, 2005 N 828, paragraph 67 of these Rules is stated in a new edition
67. A telecom operator that has received a license to provide long-distance and international telephone services, within a period not exceeding 1 month from the date the Ministry of Communications and Mass Media of the Russian Federation assigns selection codes for this telecom operator, is obliged to publish a message in the media about a single start date provision by this telecom operator of relevant communication services in all constituent entities of the Russian Federation and the codes assigned for the selection of this telecom operator. At the same time, the telecom operator ensures such publication in all constituent entities of the Russian Federation.
68. Telephone connections for intrazonal, long-distance or international telephone communications can be established automatically or with the help of a telephone operator.
With the automatic method of establishing a telephone connection, the subscriber and (or) user dials a certain sequence of numbers to uniquely determine (identify) the equipment being called.
When establishing a telephone connection with the help of a telephone operator, the subscriber and (or) user provides the telephone operator with the information necessary to place an order for the provision of telephone services.
By Decree of the Government of the Russian Federation of March 10, 2009 N 219, paragraph 69 of these Rules was amended
69. The following telephone connections, established with the help of a telephone operator, are provided in accordance with priorities (in descending order):
b) government (state);
c) official;
d) privileged (password);
e) private (ordinary).
The procedure for providing telephone connections specified in this paragraph is established by the Ministry of Telecom and Mass Media of the Russian Federation.
70. Establishing telephone connections with the help of a telephone operator is provided through an immediate or custom service system.
71. The telephone operator begins to establish a telephone connection immediately after placing an order using the immediate service system.
72. The time during which a telephone connection must be provided under a custom service system cannot exceed 1 hour from the moment the order is placed, unless a later date is specified by the subscriber and (or) user.
The order execution time is communicated to the subscriber and (or) user by the telephone operator when placing the order.
73. Informing the called person about the time of establishing a telephone connection with the help of a telephone operator is carried out according to the local time of the subject of the Russian Federation where the called person is located.
74. When providing telephone services using a telephone operator, a telecom operator has the right to introduce restrictions on the duration of connections and the number of orders.
The subscriber and (or) user must be notified by the telephone operator when placing an order or providing the subscriber and (or) user with a telephone connection about the introduction of restrictions on telephone services.
75. The validity period of an order for establishing an intrazonal or long-distance telephone connection with the help of a telephone operator ends at 24 hours local time on the day the order is placed, unless, by agreement with the subscriber and (or) user, the execution time of the order has not been postponed to the next day.
The validity period of an order for establishing an international telephone connection with the help of a telephone operator expires at 8 o’clock local time on the day following the day the order is placed, and for a personal (with an invitation to a citizen specified by the subscriber and (or) user) conversation and conference call - at 8 o’clock local time on the 2nd day following the day the order is placed.
The order can be canceled by the telephone operator at the request of the subscriber and (or) user.
76. The minimum duration of a telephone connection payable when establishing a telephone connection with the help of a telephone operator cannot exceed 3 minutes. In this case, a telephone connection that lasted less than its prescribed minimum duration is paid for as a minimum duration connection.
77. At a call center, an agreement for the provision of one-time intrazonal and/or long-distance and international telephone services is drawn up by the telephone operator filling out (according to the user and in his presence) an order form, the form of which is established by the Ministry of Finance of the Russian Federation. In this case, the user is given a tear-off coupon of the order form filled out by the telephone operator, confirming the conclusion of the contract.
Features of the provision of telephone services using payphones
78. Using payphones, users can make outgoing and receive incoming telephone calls.
79. A telecom operator providing telephone services using payphones, in addition to the information provided for in subparagraphs “a”, “b”, “c”, “g” and “m” of these Rules, is obliged to bring to the attention of users information about actions that must be completed to receive telephone services, including to gain access to telephone services of other telecom operators.
80. A telecom operator providing telephone services using payphones that accept tokens and payment cards for telephone services is obliged to inform users about the places where these tokens and payment cards for telephone services are sold.
The information must be posted by the telecom operator in a convenient and accessible form on the payphone, payphone booth, or brought to the attention of the user in another way.
Features of providing telephone services to a citizen subscriber
81. Changing the terms of use of equipment installed in a communal apartment on the basis of an agreement providing for individual use of the equipment can only be carried out with the consent of the citizen subscriber.
In case of disagreement of the subscriber-citizen, an application from other residents of the communal apartment to conclude the said agreement served in the usual manner.
82. If the agreement provides for the collective use of equipment, a change in the installation address of the equipment is made with the written consent of all co-subscribers.
83. It is not allowed to change the switching circuit of equipment operating on a separate subscriber line without the written consent of the subscriber.
84. The use of a dual connection scheme for equipment is not allowed in the telephone room in which a disabled person registered at this place of residence lives, or in a communal apartment if the agreement provides for the collective use of the equipment.
85. It is not allowed to use a parallel connection scheme for equipment installed in residential premises located in different buildings (structures) or apartments.
By Decree of the Government of the Russian Federation of July 25, 2007 N 477, paragraph 86 of these Rules was amended
86. Application for change tariff plan to pay for local telephone services is submitted by the citizen subscriber no later than 10 days before the end of the calendar month. Subject to the specified deadline for submitting the application, the telecom operator transfers the citizen subscriber to the selected tariff plan from the 1st day of the month following the month of submission of the application. If the specified deadline for submitting the application is not met, the transfer to the selected tariff plan is carried out from the 1st day of the 2nd month following the month of submission of the application.
87. As equipment operating according to a paired connection scheme, only telephone sets are allowed.
The use of a parallel connection circuit for telephone sets in a paired connection circuit is not allowed.
Telephone sets operating according to a paired connection scheme are installed within one entrance of a residential building.
Form and procedure for payment for telephone services provided
88. Payment for local telephone services can be made using a subscriber or time-based payment system.
89. The fee for providing access to a local telephone network by a telecom operator is charged once when installing equipment in a non-telephone premises. The tariff for the provision by a telecom operator of access to the local telephone network is established by the telecom operator, unless otherwise provided by the legislation of the Russian Federation.
If the tariffs for the services of this telecom operator are subject to government regulation, at the request of a citizen subscriber, the telecom operator is obliged to provide him with the opportunity to pay for the provision of access to the communication network in installments of at least 6 months from down payment no more than 30 percent of the established fee.
By Decree of the Government of the Russian Federation of July 25, 2007 N 477, paragraph 90 of these Rules is stated in a new edition
90. When making an amendment to the contract regarding the replacement of a subscriber, including in the cases specified in and 129 of these Rules, for providing access to the local telephone network by the telecom operator, a fee is charged in the amount of no more than 30 percent of the monthly subscription fee established in the tariff plan with a subscriber payment system for local telephone services.
91. The tariff unit for local (if there is a system of time-based recording of the duration of local telephone connections (hereinafter referred to as time-based recording), intra-zonal, long-distance or international telephone connection is established by the telecom operator, but cannot be more than 1 minute. Accounting for the duration of local (with time-based recording), intrazonal, long-distance or international telephone connections are carried out in accordance with the tariff unit adopted by the telecom operator.
92. The duration of the telephone connection used to determine the amount of payment for local (with time-based accounting), as well as for intra-zonal, long-distance or international (with automatically connection establishment) telephone connection, counted from the 1st second after the called equipment answers until the calling or called equipment or equipment replacing the user in his absence hangs up. A telephone connection lasting less than 6 seconds is not taken into account in the scope of telephone services provided.
93. The duration of the telephone connection used to determine the amount of payment for an intrazonal, long-distance or international telephone connection (when establishing a telephone connection with the help of a telephone operator) is counted from the moment of the user’s response specified in the order form, or the equipment, the response signal of which is equivalent to the user’s response , until the calling or called user or the equipment replacing the user in his absence hangs up.
If, when establishing a telephone connection, the telephone operator determines that equipment is installed on the side of the called user that replaces the user in his absence, he is obliged to inform the calling subscriber and (or) user about this. Continued connection establishment is possible only after the consent of the subscriber or user. In this case, the service fee is calculated based on the actual duration of the telephone connection between the calling subscriber or user and the called user or the equipment that replaces the user in his absence.
If the subscriber and (or) user refuses to establish a telephone connection with equipment that replaces the user in his absence, no charge for the telephone connection will be charged.
By Decree of the Government of the Russian Federation of July 25, 2007 N 477, paragraph 94 of these Rules was amended
94. Tariffs for telephone services, including the tariff used to pay for an incomplete tariff unit, are established by the telecom operator, unless a different procedure is established by the legislation of the Russian Federation.
When determining the cost of a local telephone connection (with time-based accounting), an incomplete tariff unit, the size of which is half or more than half of the tariff unit, is taken into account as a full tariff unit, and an incomplete tariff unit, the size of which is less than half of the tariff unit, is taken into account as half of the tariff unit.
By Decree of the Government of the Russian Federation of July 25, 2007 N 477, paragraph 95 of these Rules was amended
95. Tariffs (tariff plans) for telephone services can be established separately for legal entities, citizens using telephone services for personal, family and household needs, as well as citizens using telephone services for other needs.
The tariff plan may establish differentiated tariffs by time of day, days of the week, weekends and non-working holidays, as well as by the range and volume of telephone services provided.
Tariffs for long-distance and international telephone services may vary depending on the subscriber’s choice of method for accessing these services.
The choice of tariff plan for paying for local telephone services is carried out by the subscriber independently. The decision on choosing a tariff plan is changed in the manner established in paragraph 86 of these Rules. There is no fee for changing the tariff plan from the subscriber.
By Decree of the Government of the Russian Federation of July 25, 2007 N 477, paragraph 96 of these Rules was amended
By Decree of the Government of the Russian Federation of February 5, 2007 N 77, paragraph 96 of this resolution was amended
96. Payment for local (with time-based metering), intra-zonal, long-distance or international telephone connection is determined based on its duration, expressed in the number of telephone connection tariff units.
The subscriber is not subject to payment for a telephone connection established as a result of a call by another subscriber, except in cases where the telephone connection is established:
with the help of a telephone operator with payment at the expense of the called user;
using designated federal body executive power in the field of communication codes of access to telecommunication services;
with a subscriber located outside the territory of a constituent entity of the Russian Federation specified in the decision to allocate a numbering resource to a telecom operator, including the subscriber number allocated to this subscriber, unless otherwise established by the contract for the provision of communication services.
When charging telephone connections, the duration is not taken into account:
local telephone connections with emergency services;
telephone connections when accessing telematic communication services and data communication services;
telephone connections with free information and reference services, services for ordering intra-zonal, intercity and international telephone connections with the help of a telephone operator, as well as with technical support services for subscribers (repair bureau).
97. Equipment, the response signal of which is equated to the response of the called user and serves as the beginning of the countdown of the duration of the telephone connection during automatic telephone communication, includes:
a) telephone modem;
b) fax machine;
c) equipment with an answering machine function;
d) a telephone with an automatic caller ID function;
e) private telephone exchange;
f) payphone;
g) other equipment that replaces the user in his absence and provides (or imitates) the exchange of information.
98. Depending on the urgency of providing intrazonal, intercity or international telephone services with the help of a telephone operator, the following types of tariffs are applied:
a) ordinary;
b) urgent.
The urgent tariff is determined by applying to the regular tariff a multiplying factor established by the telecom operator, which cannot be more than 2.
99. If the deadline for providing an urgent intrazonal, long-distance or international telephone connection with the help of a telephone operator is violated, payment is made at the regular rate with the difference in payment being returned to the subscriber and (or) user if the payment was made in advance at the urgent rate.
100. Payment for an intrazonal, intercity or international telephone connection of the "distress" category, established with the help of a telephone operator, is made at the usual rate.
101. Payment for local (with time-based metering), intrazonal, long-distance or international telephone connections is made at the tariff in force at the time the corresponding telephone connection begins to be established.
102. Payment for intra-zonal, long-distance or international telephone connection established with the help of a telephone operator is not charged if it failed through no fault of the subscriber and (or) user.
103. Registration of the order form and making changes to it are not subject to payment.
104. If the subscriber and (or) user, when ordering an intrazonal, long-distance or international telephone connection, indicated the incorrect subscriber number of the equipment being called, then he pays for the established telephone connection in full.
105. International telephone connections provided to the subscriber and (or) user on the territory of the Russian Federation, except for those established with the help of a telephone operator, with payment at the expense of the called person, are paid in the Russian Federation.
106. The basis for invoicing the subscriber and (or) user for the provided local (with time-based accounting), intrazonal, long-distance or international telephone connections are data obtained using equipment used to account for the volume of telephone services provided.
107. Settlements with the subscriber and (or) user on the territory of the Russian Federation are carried out in Russian rubles.
108. The payment card for telephone services contains information encoded in a certain way that is used to communicate information about payment for telephone services to the telecom operator. The following information is indicated on the telephone service payment card:
a) name (company name) of the telecom operator that issued this map payment for telephone services;
b) the name of the types of telephone services paid for using a telephone payment card;
c) the amount of the advance payment to the telecom operator, the payment of which is confirmed by the payment card for telephone services;
d) validity period of the payment card for telephone services;
e) reference (contact) telephone numbers of the telecom operator;
f) rules for using a payment card for telephone services;
g) identification number of the telephone payment card.
109. The subscriber and (or) user has the right to contact the telecom operator for a return of the funds paid by him as an advance.
The telecom operator is obliged to return the unused balance of funds.
110. The billing period for telephone services should not exceed 1 month.
By Decree of the Government of the Russian Federation of July 25, 2007 N 477, paragraph 111 of these Rules was amended
111. The payment period for telephone services should not be less than 20 days from the date of invoice. A longer payment period may be specified in the contract.
112. Payment for intrazonal, intercity or international telephone connections provided under an agreement providing for the collective use of equipment is carried out by the person who received these services. If such a person is not identified, telephone services are paid for by the subscriber.
113. An invoice issued to a subscriber for telephone services is a settlement document that reflects data on monetary obligations subscriber
114 . The invoice issued to the subscriber for local telephone services contains:
a) details of the telecom operator;
b) subscriber details;
V) billing period, for which the invoice is issued;
d) subscriber’s personal account number (for advance payment);
e) data on the total duration of local telephone connections for the billing period (with advance payment);
f) the amount requested for payment;
g) the amount of the balance on the personal account (in case of advance payment);
h) date of invoice;
i) due date for payment of the invoice.
By Decree of the Government of the Russian Federation of December 29, 2005 N 828, paragraph 115 of these Rules was amended
115. An invoice issued to a subscriber for intrazonal and/or long-distance and international telephone services, in addition to the information specified in these Rules (except for subparagraph “d”), must contain:
a) the amount presented for payment for each type of telephone service and each subscriber number;
b) types of telephone services provided;
c) codes of geographically defined numbering zones or codes of geographically not defined numbering zones, the numbering resource of which includes subscriber numbers with which telephone connections were made;
d) the date of provision of each telephone service;
e) the volume of provision of each telephone service.
By Decree of the Government of the Russian Federation of July 25, 2007 N 477, paragraph 116 of these Rules was amended
116. The telecom operator is obliged to ensure delivery to the subscriber of an invoice for payment of telephone services within 10 days from the date of issue of this invoice.
Upon request from the subscriber, the telecom operator is obliged to detail the invoice, which consists of providing additional information about the telephone services provided, for which a separate fee may be charged in the amount of no more than 10 percent of the monthly subscription fee established in the tariff plan with the subscriber payment system for local telephone services.
117. The subscriber and (or) user has the right to demand a refund of funds paid for the use of telephone services for the period of inability to use telephone services through no fault of this subscriber and (or) user.
IV. Procedure and conditions for suspension, modification and termination of the contract
By Decree of the Government of the Russian Federation of July 25, 2007 N 477 Paragraph 118 of these Rules has been amended
118 . If the subscriber violates the requirements related to the provision of telephone services and established by the Federal Law "On Communications", these Rules and the agreement, including violation of the terms of payment for telephone services provided to the subscriber, the telecom operator has the right to suspend the provision of telephone services until the violation is eliminated , notifying the subscriber about this in writing and using the communication means of the telecom operator (auto-informer).
If such a violation is not eliminated within 6 months from the date the subscriber receives a notice (in writing) from the telecom operator of the intention to suspend the provision of telephone services, the telecom operator has the right to unilaterally terminate the contract.
119. The telecom operator has the right to suspend the provision to the subscriber only of those telephone services for which this subscriber has violated the requirements specified in these Rules. In this case, the telecom operator has the right to suspend providing the subscriber with the opportunity to make a free round-the-clock call to emergency services only if the technical and technological features of the communications network of this telecom operator do not allow maintaining this opportunity simultaneously with the suspension of the provision of telephone services to the subscriber.
120. Upon written application of the subscriber, the telecom operator is obliged, without terminating the contract:
a) suspend the provision of local telephone services to the subscriber who submitted the application. In this case, the telecom operator, in accordance with the tariff established for such cases, charges the subscriber for the entire period of time specified in the application;
b) suspend the provision of access to intrazonal, intercity and international telephone services and (or) information and reference services.
121. At the written request of the subscriber, in the case of renting (subletting), leasing (subleasing) telephone premises, including residential premises, the agreement may be suspended for the duration of the lease (sublease), lease (sublease) agreement. An agreement may be concluded with the tenant (subtenant), tenant (subtenant) of a telephone premises for the duration of the rental (sublease), lease (sublease) agreement with the allocation for these purposes of the same subscriber number that was allocated when concluding the suspended agreement.
122. The telecom operator does not have the right to suspend the provision of telephone services to a subscriber in the event of non-payment by the subscriber for services provided using telephone services, but which are not telephone services.
123. In the event of termination of an agreement concluded with a telecom operator of a local telephone network, the fulfillment of this telecom operator’s obligations to provide the subscriber with the opportunity to access telephone services of other telecom operators is terminated.
By Decree of the Government of the Russian Federation of July 25, 2007 N 477, paragraph 124 of these Rules is stated in a new edition
124. Changes to an agreement concluded in writing, including changes to the decision on the choice of a telecom operator providing long-distance and international telephone services (if pre-selected), the tariff plan for paying for local telephone services and the scheme for switching on terminal (user) equipment, formalized by an additional agreement to the contract.
By Decree of the Government of the Russian Federation of July 25, 2007 N 477, paragraph 125 of these Rules was amended
125. If amendments to the contract entail the need for the telecom operator to perform relevant work, these works (with the exception of work related to the choice and change by the subscriber of a tariff plan for paying for local telephone services) are subject to payment by the party on whose initiative the changes were made to agreement conditions.
By Decree of the Government of the Russian Federation of December 29, 2005 N 828, paragraph 126 of these Rules was amended
126 . If the subscriber's right to own and use the telephone premises is terminated, the contract with the subscriber is terminated. In this case, the telecom operator with whom the contract is terminated, at the request of the new owner of the specified premises, is obliged to conclude an agreement with the new owner within 30 days.
If the subscriber’s family members remain living in the telephone premises, the contract is renewed in the name of one of them with the written consent of other family members registered at the place of residence in this premises.
An application for concluding an agreement may be submitted within 60 days from the date of termination of the agreement specified in this paragraph. In cases of failure to submit an application within the prescribed period, the telecom operator has the right to dispose of the corresponding subscriber number.
By Decree of the Government of the Russian Federation of December 29, 2005 N 828, paragraph 127 of these Rules was amended
127. Telecom operator before the expiration of the established Civil Code The Russian Federation does not have the right to dispose of the corresponding subscriber number for the period of acceptance of the inheritance, which includes a telephone premises.
The person who accepted the inheritance has the right to submit an application to the telecom operator to conclude an agreement within 30 days from the date of inheritance.
The telecom operator is obliged to conclude an agreement with the heir within 30 days from the date of registration of the application for concluding an agreement.
The heir is obliged to pay the telecom operator the cost of telephone services provided for the period before entering into inheritance rights.
If the application is not submitted within the prescribed period, the telecom operator has the right to dispose of the corresponding subscriber number.
The rules specified in these Rules do not apply to the legal relations provided for in this paragraph.
128. With the written consent of the subscriber, an amendment may be made to the contract regarding the indication of a new citizen subscriber in it. In this case, the new subscriber can become:
a) a member of the subscriber’s family, registered at the subscriber’s place of residence or who is a participant in the common ownership of the telephone premises;
b) a family member of the subscriber who is a minor citizen on the date of amendment of the contract. Moreover, until the age of 14, his legal representatives have the right to submit an application to amend the contract on behalf of a minor citizen.
129. When reorganizing or renaming a subscriber - a legal entity (except for reorganization in the form of separation or division), an amendment may be made to the agreement regarding the indication of a successor or a new name of the subscriber - a legal entity. When reorganizing in the form of separation or division, the question of which of the legal successors should enter into an agreement is resolved in accordance with the separation balance sheet.
V. Procedure for consideration of claims
130. The subscriber and (or) user has the right to appeal the decisions and actions (inaction) of the telecom operator regarding the provision of telephone services.
131. The telecom operator is obliged to have a book of complaints and suggestions and issue it upon the first request of the subscriber and (or) user.
132. Consideration of a complaint from a subscriber and (or) user is carried out in the manner established by the legislation of the Russian Federation.
133. If the telecom operator fails to fulfill or improperly fulfills its obligations to provide telephone services, the subscriber and (or) user, before going to court, submits a claim to the telecom operator.
134. The claim must be submitted in writing and must be registered on the day it is received by the telecom operator.
Claims regarding issues related to the refusal to provide telephone services, untimely or improper fulfillment of obligations arising from the contract are made within 6 months from the date of provision of telephone services, refusal to provide them or issuance of an invoice.
135. Attached to the claim is a copy of the contract or a tear-off coupon of the order form, as well as other documents necessary for consideration of the claim on the merits, which must indicate information about non-fulfillment or improper fulfillment of obligations under the contract, and in the case of a claim for damages - about the fact and the amount of damage caused.
By Decree of the Government of the Russian Federation of December 29, 2005 N 828, paragraph 136 of these Rules was amended
136. The claim is considered by the telecom operator within no more than 60 days from the date of registration of the claim.
The telecom operator must inform the subscriber and (or) user who submitted it (in writing) about the results of the consideration of the claim.
If the claim was recognized by the telecom operator as justified, the identified deficiencies must be eliminated within a reasonable time specified by the subscriber and (or) user.
If the telecom operator recognizes the subscriber’s and (or) user’s demands for a reduction in the amount of payment for telephone services provided, for reimbursement of expenses for eliminating deficiencies in the work performed on its own or by third parties, as well as for the return of payments for telephone services sum of money and compensation for losses caused in connection with the refusal to provide telephone services, if justified, they are subject to satisfaction within 10 days from the date the telecom operator makes a decision to satisfy the claim.
If a claim is rejected in whole or in part or a response is not received within the time frame established for its consideration, the subscriber and (or) user has the right to file a claim in court.
VI. Responsibility of the parties
137. For failure to fulfill or improper fulfillment of obligations under the contract, the telecom operator is liable to the subscriber and (or) user in the following cases:
a) unjustified refusal to conclude a contract or evasion of its conclusion;
b) violation of the deadlines for providing access to the local telephone network;
c) violation of the terms established in the contract for the provision of telephone services;
d) provision of not all telephone services specified in the contract;
e) poor quality of telephone services, including as a result of inadequate maintenance of the communication network;
f) violation of the confidentiality of telephone messages;
g) violation of established restrictions on the dissemination of information about a citizen subscriber that has become known to the telecom operator in connection with the execution of the contract.
138. When providing telephone services to a citizen subscriber solely for personal, family, household or other needs not related to business activities, the telecom operator is also responsible for failure to provide, incomplete or untimely provision of information related to the provision of telephone services.
139. The telecom operator for non-fulfillment or improper fulfillment of obligations in accordance with the contract bears the following property liability:
a) in case of violation of the deadlines for providing access to the local telephone network, pays a penalty in the amount of 3 percent of the fee for providing access to the local telephone network for each day of delay until the start of providing access to the telephone network, unless a higher amount of the penalty is specified in agreement, but not more than the amount of the specified fee;
b) in case of violation established deadlines for the provision of telephone services pays a penalty of 3 percent of the cost
telephone services for each hour of delay until the start of the provision of telephone services, unless a higher amount of the penalty is specified in the contract, but not more than the cost of the telephone service.
140. In case of violation by the telecom operator of the established terms for the provision of telephone services, the subscriber and (or) user have the right to demand full refund losses caused to him in connection with violation of the specified deadlines.
141. If not all telephone services are provided, provided for by the agreement, the subscriber has the right to choose:
a) demand a proportionate reduction in the cost of telephone services;
b) refuse to fulfill the contract.
142. In case of poor-quality provision of telephone services, the subscriber and (or) user has the right to demand, at his choice:
a) gratuitous elimination of deficiencies in the telephone service provided;
b) a corresponding reduction in the cost of telephone services;
c) reimbursement of expenses incurred by him to eliminate deficiencies in the telephone service provided on his own or by third parties.
143. In the event of a violation by a telecom operator of the secrecy of telephone messages and demands to limit the dissemination of information about a citizen subscriber that has become known to him by virtue of the execution of the contract, the telecom operator, at the request of the subscriber, shall compensate for the losses caused by these actions, as well as moral damages.
144. In case of non-submission, incomplete or late submission information about the provision of telephone services, the subscriber and (or) user has the right to refuse to fulfill the contract, demand a refund of the amount paid for the telephone services provided and compensation for losses incurred.
145. The subscriber and (or) user is responsible to the telecom operator in the following cases:
a) non-payment, incomplete or untimely payment for telephone services;
b) failure to comply with the rules for operating equipment;
c) failure to comply with the ban on connecting to the subscriber line equipment that does not meet the established requirements.
146. In case of non-payment, incomplete or untimely payment for telephone services, the subscriber shall pay the telecom operator a penalty in the amount of 1 percent of the cost of unpaid, not paid in full or late paid telephone services, unless a smaller amount is specified in the contract, for each day of delay up to until the day the debt is repaid, but not more than the amount due.
147. If the subscriber fails to comply with the rules for operating the equipment or fails to comply with the ban on connecting equipment that does not meet the established requirements to the subscriber line, the telecom operator has the right to go to court with a claim for compensation for losses caused by such actions of the subscriber.
148. The telecom operator is released from liability for non-fulfillment or improper fulfillment of obligations under the contract if it proves that their non-fulfillment or improper fulfillment occurred due to force majeure circumstances or the fault of the other party.
- Application. Payment rates per unit volume of forest resources and payment rates per unit area of a forest plot in federal ownership
Decree of the Government of the Russian Federation of May 22, 2007 N 310
"About payment rates per unit of volume forest resources and payment rates per unit area of a forest plot located in federal ownership"
With changes and additions from:
June 30, 2007, May 6, December 31, 2008, March 4, April 15, October 2, November 9, 2009, February 25, June 8, December 30, 2011, February 14, 2012, February 3 , June 9, 2014, August 19, 2017, February 23, December 15, 2018, February 2, 20, April 18, 2019, January 6, 2020
In accordance with the Forest Code of the Russian Federation, the Government of the Russian Federation decides:
1. Approve the attached payment rates per unit volume of forest resources and payment rates per unit area of a forest plot located in federal ownership.
1.1. Establish that when determining the rental fee for a forest plot used for the implementation of an investment project included in the list of priority investment projects in the field of forest development, to the volume of forest resources, the processing of which will be carried out at created or modernized forest processing facilities, a reduction factor of 0.5 is applied to the payment rates per unit volume of forest resources approved by this resolution and the payment rates per unit area of a forest plot located in the federal property, during:
3 years when implementing an investment project worth no more than 750 million rubles;
5 years when implementing an investment project worth at least 750 million rubles, but not more than 5 billion rubles;
7 years when implementing an investment project worth at least 5 billion rubles, but not more than 20 billion rubles;
10 years when implementing an investment project worth more than 20 billion rubles.
Size rent for other forest resources is established in accordance with paragraph two of clause 1.2 of this resolution.
The period for providing a reduction factor of 0.5 is carried out from the moment the timber processing facilities are put into operation, confirmed by the commissioning certificate.
Rent is accrued in full (using the prevailing average coefficient in the constituent entity of the Russian Federation for the excess of the rent over the minimum payment rate) is carried out before the commissioning of timber processing facilities, as well as at the end of the period during which a reduction factor of 0.5 was applied.
1.2. Establish that when an investment project is excluded from the list of priority investment projects in the field of forest development, the investor is obliged to pay the rent in full in accordance with the rates of payment for the use of the forest plot from the date of provision of the reducing factor of 0.5 until the termination of the lease agreement for the forest plot without applying the reducing factor coefficient of 0.5, but using the prevailing average coefficient of excess rent in a constituent entity of the Russian Federation, calculated for the corresponding type of forest use on the basis of reporting established by the federal executive body in the field of forest relations, on the day the investment project was excluded from the list by dividing the total the estimated amount of rent under existing lease agreements for forest plots for the total amount of rent, calculated at payment rates without taking into account investment projects existing in the constituent entity of the Russian Federation.
From the date of conclusion of the lease agreement for the forest plot and until the beginning of the period during which a reduction factor of 0.5 was applied, as well as after the end of such period for an investment project included in the list of priority investment projects in the field of forest development, the amount of rent for the use of the forest plot is determined in accordance with payment rates without applying a reduction factor of 0.5, but using the average excess rental rate prevailing in a constituent entity of the Russian Federation, calculated for the corresponding type of forest use on the basis of reporting established by the federal executive body in the field of forest relations, for the day of the end of the payback period of the project by dividing the total estimated amount of rent under existing lease agreements for forest plots by the total amount of rent calculated at payment rates excluding investment projects operating in the constituent entity of the Russian Federation.
2. To recognize as invalid:
Decree of the Government of the Russian Federation dated February 19, 2001 N 127 “On minimum rates payments for timber sold as standing trees" (Collected Legislation of the Russian Federation, 2001, No. 10, Art. 958);
paragraph 25 of amendments and additions that are made to the resolutions of the Government of the Russian Federation on issues of railway transport, approved by Decree of the Government of the Russian Federation of August 8, 2003 N 476 “On the introduction of amendments and additions and the recognition as invalid of certain resolutions of the Government of the Russian Federation on issues of railway transport "(Collected Legislation of the Russian Federation, 2003, No. 33, Art. 3270);
Decree of the Government of the Russian Federation of April 29, 2006 N 263 “On amendments to the minimum rates of payment for timber sold standing” (Collected Legislation of the Russian Federation, 2006, N 19, Art. 2085).
In accordance with forestry legislation, the amount of rent is determined based on the minimum rent. When using a forest plot with the withdrawal of forest resources, the minimum rental payment is determined as the product of the rate of payment per unit volume of forest resources and the volume of withdrawal of forest resources on the leased forest plot; without exception - as the product of the payment rate per unit area of a forest plot and the area of the leased forest plot.
Payment under the contract for the purchase and sale of forest plantations, with the exception of payment under the contract for the sale and purchase of forest plantations for own needs, is determined based on the minimum fee. Minimum size payment is determined as the product of the payment rate per unit volume of wood and the volume of wood to be harvested.
Payment rates per unit volume of forest resources and payment rates per unit area of forest area in federal ownership have been approved.
Thus, payment rates have been established per unit volume of forest wood (main species); forest timber (minor species); resin; non-timber forest resources; food forest resources and medicinal plants.
The rates of payment per unit area of a forest plot located in federal ownership have been determined for the management of hunting and hunting; when conducting Agriculture; when carrying out research activities, educational activities; when carrying out recreational activities; when creating forest plantations and their operation; when growing forest fruit, berry, ornamental plants and medicinal plants; when using forests to carry out work on geological exploration of subsoil, development of mineral deposits; during the construction and operation of reservoirs and other artificial water bodies, and hydraulic structures and specialized ports; during the construction, reconstruction and operation of power lines, communication lines, roads, pipelines and other linear facilities; when processing wood and other forest resources.
Rates are differentiated by forest tax belts, commercial and firewood (dividing commercial wood into size categories), as well as depending on the distance of wood removal (by tax category).
Decree of the Government of the Russian Federation of February 19, 2001 N 127 “On the minimum payment rates for standing timber”; Decree of the Government of the Russian Federation of April 29, 2006 N 263, which amended it, as well as paragraph 25 of Decree of the Government of the Russian Federation of August 8, 2003 N 476 were declared invalid.
Decree of the Government of the Russian Federation of May 22, 2007 N 310 "On payment rates per unit volume of forest resources and payment rates per unit area of a forest plot located in federal ownership"
This resolution comes into force 7 days after the day of its official publication
Payment rates per unit volume of timber harvested on federally owned lands, established in 2007, apply:
In 2012 with a coefficient of 1.30 - Federal Law
In 2011 with a coefficient of 1.30 - Federal Law
In 2010 with a coefficient of 1.30 - Federal Law
In 2009 with a coefficient of 1.30 - Federal Law
In 2008 with a coefficient of 1.15 - Federal Law of July 24, 2007 N 198-FZ
Payment rates per unit volume of forest resources (except for wood) and payment rates per unit area of a forest plot for the lease of a forest plot located in federal ownership, established by the Government of the Russian Federation in 2007, apply:
In 2012, with a coefficient of 1.13 - Federal Law of November 30, 2011 N 371-FZ;
In 2011, with a coefficient of 1.13 - Federal Law of December 13, 2010 N 357-FZ;
In 2010, with a coefficient of 1.13 - Federal Law of December 2, 2009 N 308-FZ;
In 2009, with a coefficient of 1.13 - Federal Law of November 24, 2008 N 204-FZ;
In 2008 with a coefficient of 1.07 - Federal Law of July 24, 2007 N 198-FZ
This document is amended by the following documents:
Decree of the Government of the Russian Federation of January 6, 2020 N 3
Decree of the Government of the Russian Federation of February 20, 2019 N 172
Decree of the Government of the Russian Federation of February 2, 2019 N 74
Decree of the Government of the Russian Federation of December 15, 2018 N 1571
GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
ABOUT MAKING CHANGES
IN THE RULES FOR CHARGING FEE FOR COMPENSATION OF HARM,
CAUSED TO PUBLIC HIGHWAYS
FEDERAL SIGNIFICANCE VEHICLES WITH
PERMITTED MAXIMUM WEIGHT OVER 12 TONS
The Government of the Russian Federation decides:
Approve the attached changes that are being made to the Rules for collecting fees to compensate for damage caused highways of general use of federal vehicles with a permitted maximum weight of over 12 tons, approved by Decree of the Government of the Russian Federation dated June 14, 2013 N 504 “On collection of fees to compensate for damage caused to public roads of federal significance by vehicles with a permitted maximum weight over 12 tons" (Collected Legislation of the Russian Federation, 2013, No. 25, Art. 3165; 2015, No. 46, Art. 6380).
Chairman of the Government
Russian Federation
D.MEDVEDEV
Approved
Government resolution
Russian Federation
CHANGES,
WHICH ARE INCLUDED IN THE RULES FOR CHARGING CHARGES ON YOUR INVOICE
COMPENSATION FOR DAMAGE CAUSED TO PUBLIC HIGHWAYS
USE OF FEDERAL VEHICLES,
HAVING A PERMITTED MAXIMUM WEIGHT OVER 12 TONS
1. In paragraph five of clause 2, the words “the requirements for which are established by the Ministry of Transport of the Russian Federation” should be deleted.
2. In paragraph two of clause 5, replace the word “owner” in the appropriate case with the words “owner (owner)” in the appropriate case.
3. In paragraph 6:
a) in subparagraph “a” the word “owner” should be replaced with the words “owner (possessor)”;
b) in subparagraph “b”, replace the word “owner” in the appropriate case with the words “owner (owner)” in the appropriate case, the words “route map;” replace with the words "route map. In cases where the on-board unit assigned to the vehicle is not returned in the prescribed manner and (or) in relation to vehicle there is a debt to pay the fee, the operator does not issue an on-board unit to the owner (possessor) of this vehicle and does not assign a third-party on-board device to such a vehicle until the on-board device is returned in the prescribed manner and (or) the debt to pay the fee is repaid;";
c) in subparagraph "c":
Paragraph one should be stated as follows:
"c) maintains a personalized record of the owner (possessor) of the vehicle, containing the following information, updated at least once a day, for each vehicle of the owner (owner):";
add the following paragraphs:
“the amount of the fee in respect of which a deferment was granted (hereinafter referred to as the deferred payment) (when the owner (owner) of the vehicle is granted a deferment on payment of the fee in accordance with paragraphs 9(1) and 9(2) of these Rules);
deadline for making a deferred payment (if the owner (owner) of the vehicle is granted a deferment for making the payment in accordance with paragraphs 9(1) and 9(2) of these Rules);
the amount of debt to pay the fee (if the owner (owner) of the vehicle is granted a deferment to pay the fee in accordance with paragraphs 9(1) and 9(2) of these Rules and does not pay it);";
d) subparagraph “d” should be stated as follows:
"d) informs the owner (holder) of the vehicle to which the on-board device or third-party on-board device is assigned:
about the operator’s sufficiency of the balance of funds contributed by the owner (possessor) of the vehicle as payment for less than 100 kilometers of movement of the vehicle on public roads of federal significance (this information is not provided in relation to the owners (holders) of vehicles to which the deferment of payment in accordance with paragraphs 9(1) and 9(2) of these Rules);
5 calendar days before the date of transfer by the operator to income federal budget deferred payment on the need to make a deferred payment (when granting the owners (owners) of the vehicle a deferment in accordance with paragraphs 9(1) and 9(2) of these Rules);
on the suspension of the deferment of payment of fees;
about the reasons for refusing to grant a deferral of payment;";
e) in subparagraph “e”, replace the word “owner” in the appropriate case with the words “owner (owner)” in the appropriate case.
4. In paragraph 7, the word “owner” should be replaced with the words “owner (owner)”.
5. In paragraph 8:
a) the word “owner” should be replaced with the words “owner (holder)”;
b) add paragraphs with the following content:
“If a malfunction of an on-board unit or a third-party on-board unit occurs while the vehicle is moving on public roads of federal significance, the owner (holder) of the vehicle, after stopping the vehicle in the parking lot, informs the operator in the manner prescribed by subparagraph “e” of paragraph 4 of these Rules, information about the planned route, time and date of movement of the vehicle on public roads of federal significance, including information about the route traveled with a faulty on-board device or a third-party on-board device, and also ensures payment of a fee to the operator and receipt of a route map in order provided for in paragraph 10 of these Rules.
In the cases provided for in this paragraph, the route card issued by the operator to the owner (owner) of the vehicle cannot be returned."
6. In paragraph 9, the word “owner” should be replaced with the words “owner (owner)”.
7. Add clauses 9(1) and 9(2) with the following content:
"9(1). In the cases provided for in paragraphs 7 - 9 of these Rules, payment of the fee may be deferred on the basis of an application from the owner (holder) of the vehicle if the following conditions are simultaneously met:
a) the vehicle of the specified owner (possessor) has been registered in the register for more than 2 months as of the date of filing the application;
b) the place of state registration of a legal entity, the address of the place of residence or place of stay of an individual who is the owner (holder) of a vehicle, and the place of registration of the vehicle is the Russian Federation;
c) an on-board device or a third-party on-board device is attached to the vehicle;
d) the owner (possessor) of the vehicle has no unpaid administrative fines for failure to comply with the requirements of the legislation of the Russian Federation on payment of fees, if the complaint or protest against the decision to impose an administrative penalty was not satisfied;
e) the owner (possessor) of the vehicle has not incurred a payment arrears within 6 continuous calendar months prior to the date of filing the application for a deferment.
9(2). A notice of granting the owner (possessor) of a vehicle a deferment in payment of the fee or a refusal to provide it due to non-compliance with the conditions provided for in paragraph 9(1) of these Rules, indicating the existing inconsistencies, is posted by the operator within 7 days from the date of receipt of such an application in the composition of the information contained in the personalized record of the owner (possessor) of the vehicle.
A deferment in payment of the fee is provided to the owner (possessor) of the vehicle from the 1st day of the calendar month following calendar month, in which a notice was posted about granting the owner (possessor) of the vehicle a deferment in paying the fee.
A deferment in payment of the fee is granted to the owner (holder) of the vehicle in relation to the movement of the vehicle carried out from the 1st day of the calendar month following the calendar month in which the notice of granting the owner (owner) of the vehicle a deferment in payment of the fee was posted.
If the owner (possessor) of a vehicle is granted a deferment on payment of the fee, the granting of such a deferment in relation to another vehicle is carried out from the next day after the day the owner (holder) of such a vehicle submits an application to the operator for a deferment on payment of the fee in relation to this other vehicle (subject to registration of the vehicle in the Russian Federation and assignment to it in accordance with these Rules of the on-board device or a third-party on-board device). In this case, a deferment on payment of the fee is granted in relation to the movement of this vehicle, carried out from the next day after the day the owner (possessor) of such a vehicle submits an application to the operator for a deferment on payment of the fee in relation to this other vehicle.
Deferred payment is formed from the first to last day each calendar month or until the day on which the owner (owner) of the vehicle submits to the operator an application for refusal to receive a deferment in payment of the fee, or until the day on which the owner (owner) of the vehicle becomes in arrears on payment of the fee.
The owner (possessor) of a vehicle that has been granted a deferred payment of payment, until the last day of the calendar month following the calendar month in which the deferred payment was formed, ensures that the operator receives funds in the amount necessary to pay the deferred payment in full.
The owner (owner) of the vehicle can make a deferred payment to the operator in a single payment or in installments.
If the owner (owner) of the vehicle makes a deferred payment to the operator in installments, the deferred payment is written off from the date of its occurrence in chronological order.
The operator unilaterally suspends the provision of a deferred payment to the owner (owner) of the vehicle if, as of the 1st day of the calendar month following the calendar month in which the deadline for making the deferred payment expires, he has arrears in paying the fee and places the corresponding notification on the same day in the personalized record of the owner (possessor) of the vehicle.
Such debt is combined by the operator into a single amount of debt for payment of a fee with a deferred payment, formed in the calendar month in which the deadline for making a deferred payment expired.
If the operator unilaterally suspended the provision of a deferment for payment of the fee, further payment of the fee by the owner (owner) of the vehicle is possible only after the debt on payment of the fee has been repaid.
If during the calendar month following the calendar month in which the deadline for making a deferred payment expires, the owner (holder) of the vehicle has not repaid the debt on payment of the fee, the operator shall collect such debt from the owner (holder) of the vehicle in court ".
8. In paragraph 10:
a) replace the word “owner” in the appropriate case with the words “owner (owner)” in the appropriate case;
b) add the following paragraph:
“A route map is not issued in relation to vehicles to which, in accordance with paragraph 6 of these Rules, the operator has assigned an on-board device or a third-party on-board device, except for the cases provided for in paragraph 8 of these Rules.”
9. Clause 11 should be stated as follows:
"11. The operator transfers daily in a single payment to the federal budget cash in the amount calculated by adding up all payments made by the owners (owners) of vehicles for the routes traveled by vehicles on public roads of federal significance over the past day for the purpose of paying the fee (as of 1:00 a.m. Moscow time on the day following for reporting), as well as arrears in payment of fees.
The operator, on the 1st day of the calendar month following the calendar month in which deferred payments should have been made, transfers to the federal budget the funds paid by the owners (owners) of vehicles in accordance with paragraph 9(2) of these Rules as deferred payments as of 23:59 Moscow time."
10. In paragraph 12:
a) in subparagraph "d" the word "owner" shall be replaced with the words "owner (possessor)";
b) add subparagraph “e” with the following content:
"e) movement of a vehicle, the owner of which has been granted a deferred payment of payment, without paying the deferred payment in full until the last day of the calendar month following the calendar month in which such payment was made."
13. When harvesting wood carried out in the order of clear cutting of plantations damaged by pests, wind, fires and as a result of other natural Disasters, the degree of damage to forest plantations is taken into account, which is the basis for adjusting payment rates per unit volume of forest resources in accordance with Decree of the Government of the Russian Federation of May 22, 2007 N 310 “On payment rates per unit volume of forest resources and payment rates per unit area of forest plot , which is in federal ownership."
2. On payment of rent under a forest lease agreement in accordance with paragraph 1.1 of the Decree of the Government of the Russian Federation of May 22, 2007 N 310 (Collected Legislation of the Russian Federation, 2007, N 23, Art. 2787; 2008, N 19, Art. 2195; 2009, N 3, Art. 387; 2009, N 10, Art. 1238; 2009, N 16, Art. 1946) and the decision of the interested body.
Decree of the Government of the Russian Federation dated March 20, 2018 N 310 “On approval of compliance requirements joint stock company Federal Corporation for the Development of Small and Medium Enterprises of the Law on the Development of Small and Medium Enterprises in the Russian Federation, and the procedure for its selection, as well as the Rules for conducting such an audit by an audit organization"
GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
ABOUT APPROVAL OF REQUIREMENTS
TO THE AUDITING ORGANIZATION PERFORMING THE INSPECTION
STANDARDS SPECIFIED IN PART 11.4 OF ARTICLE 25.1 OF THE FEDERAL
IN THE RUSSIAN FEDERATION", AND THE PROCEDURE FOR ITS SELECTION, AS WELL AS
RULES FOR CONDUCTING SUCH INSPECTION BY AN AUDITING ORGANIZATION
In accordance with Part 11.6 of Article 25.1 of the Federal Law "On the Development of Small and Medium Enterprises in the Russian Federation" the Government of the Russian Federation decides:
Approve the attached:
requirements to audit organization carrying out verification of compliance by the joint stock company "Federal Corporation for the Development of Small and Medium-Sized Enterprises" with the standards specified in Part 11.4 of Article 25.1 of the Federal Law "On the Development of Small and Medium-Sized Enterprises in the Russian Federation" and the procedure for its selection;
Rules for an audit organization to verify compliance by the joint stock company "Federal Corporation for the Development of Small and Medium-Sized Enterprises" with the standards specified in Part 11.4 of Article 25.1 of the Federal Law "On the Development of Small and Medium-Sized Enterprises in the Russian Federation."
Chairman of the Government
Russian Federation
D.MEDVEDEV
Approved
Government resolution
Russian Federation
REQUIREMENTS
TO THE AUDITING ORGANIZATION PERFORMING THE INSPECTION
COMPLIANCE BY THE JOINT STOCK COMPANY "FEDERAL CORPORATION"
FOR THE DEVELOPMENT OF SMALL AND MEDIUM ENTERPRISE"
STANDARDS SPECIFIED IN PART 11.4 OF ARTICLE 25.1 OF THE FEDERAL
LAW "ON THE DEVELOPMENT OF SMALL AND MEDIUM ENTERPRISE"
IN THE RUSSIAN FEDERATION", AND THE PROCEDURE FOR ITS SELECTION
1. An audit organization that checks compliance by the joint-stock company "Federal Corporation for the Development of Small and Medium-Sized Enterprises" with the standards specified in Part 11.4 of Article 25.1 of the Federal Law "On the Development of Small and Medium-Sized Enterprises in the Russian Federation" (hereinafter referred to as the audit organization, the Corporation, standards) must meet the following requirements:
a) failure to liquidate the audit organization on the date of filing the application for participation in the selection carried out in accordance with these requirements (hereinafter referred to as the application) and the absence of a decision arbitration court on declaring the audit organization insolvent (bankrupt) and on opening bankruptcy proceedings;
b) non-suspension of the activities of the audit organization in the manner established by the Code of the Russian Federation on Administrative Offenses on the date of filing the application, as well as non-suspension of the audit organization’s membership in self-regulatory organization auditors;
c) the audit organization does not have any arrears on taxes, fees, or other debts as of the date of filing the application; mandatory payments to budgets budget system Russian Federation (except for amounts for which a deferment, installment plan, investment tax credit in accordance with the legislation of the Russian Federation on taxes and fees, which are restructured in accordance with the legislation of the Russian Federation, for which there is a court decision that has entered into legal force recognizing the applicant’s obligation to pay these amounts as fulfilled or which are recognized as hopeless for collection in accordance with the legislation of the Russian Federation about taxes and fees) for the past calendar year, the size of which exceeds 25 percent book value assets of the audit organization, according to the accounting (financial) statements for the last reporting period. The audit organization is considered appropriate established requirement in the event that an application to appeal the specified arrears and debts is submitted to her in accordance with the established procedure and a decision on such an application has not been made on the date of consideration of the application;
d) on the date of filing the application, the head, members of the collegial executive body, the person performing the functions of the sole executive body, or the chief accountant of the audit organization do not have an unexpunged or outstanding conviction for crimes in the sphere of economics and (or) crimes provided for in 291.1 of the Criminal Code of the Russian Federation , as well as for crimes for which punishment was applied in the form of deprivation of the right to hold certain positions or engage in certain activities that are related to the provision of audit services, specified individuals are not considered subject to administrative punishment in the form of disqualification;
e) the audit organization has not been brought to administrative liability for committing administrative offense provided for in Article 19.28 of the Code of the Russian Federation on Administrative Offences;
f) the absence, as of the date of filing the application, of a conflict of interest between the audit organization and the Corporation, which means the cases provided for in paragraph 9 of part 1 of Article 31;
g) the absence, as of the date of filing the application, of a conflict of interest provided for in Part 3 of Article 8 of the Federal Law “On Auditing Activities”;
h) compliance by the audit organization with the prohibitions established by Part 1 of Article 8 of the Federal Law “On Auditing Activities” and the requirements established by the rules of independence of auditors and audit organizations;
i) the absence, as of the date of filing the application, of information about the audit organization in the register of unscrupulous suppliers provided for in Article 5, and the absence of information about the audit organization, including information about the founders, members of the collegial executive body, the person performing the functions of the sole executive body of the audit organization, in the register of unscrupulous suppliers provided for in Article 104 of the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs".
2. The selection of an audit organization is carried out by the Corporation through competitive procurement in the manner established by the procurement regulations approved by the Corporation in accordance with the requirements of the Federal Law “On the Procurement of Goods, Works, Services by Certain Types of Legal Entities”.
Approved
Government resolution
Russian Federation
CONDUCTING A COMPLIANCE CHECK BY THE AUDITING ORGANIZATION
JOINT STOCK COMPANY "FEDERAL DEVELOPMENT CORPORATION
SMALL AND MEDIUM ENTERPRISE" STANDARDS,
SPECIFIED IN PART 11.4 OF ARTICLE 25.1 OF THE FEDERAL LAW
"ON THE DEVELOPMENT OF SMALL AND MEDIUM ENTERPRISE"
IN RUSSIAN FEDERATION"
1. These Rules establish the procedure and timing for an audit organization, the requirements for the selection procedure of which are established by Decree of the Government of the Russian Federation dated March 20, 2018 N 310 “On approval of the requirements for an audit organization that checks compliance with the joint stock company “Federal Corporation for the Development of Small and Small Businesses”. medium-sized enterprise" standards specified in part 11.4 of Article 25.1 of the Federal Law "On the Development of Small and Medium-Sized Enterprises in the Russian Federation", and the procedure for its selection, as well as the Rules for conducting such an audit by an audit organization", checking compliance by the joint-stock company "Federal Corporation for the Development of Small and medium-sized enterprises" (hereinafter referred to as the audit organization, the Corporation) of the standards specified in Part 11.4 of Article 25.1 of the Federal Law "On the Development of Small and Medium-Sized Businesses in the Russian Federation" (hereinafter referred to as the standards).
2. The Corporation’s compliance with standards is checked quarterly as of the last calendar day of each quarter for 30 calendar days, but no later than 80 calendar days from the end of the 1st, 2nd and 3rd quarters and no later than 110 calendar days from the end of the 4th quarter.
3. When checking the Corporation’s compliance with standards, the audit organization compares the actual numerical values of the standards with the numerical values established by the Government of the Russian Federation in accordance with Part 11.5 of Article 25.1 of the Federal Law “On the Development of Small and Medium-Sized Businesses in the Russian Federation.”
4. To conduct compliance checks, the Corporation:
provides the audit organization with data on the actual numerical values of the standards and the information necessary for their calculation;
Provides clarifications and confirmation upon request of the audit organization.
5. Verification of the Corporation’s compliance with standards, including the issuance of a conclusion on the results of such an audit, is carried out in accordance with the standards of auditing activities provided for in Article 7 of the Federal Law “On Auditing Activities”.