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Information Federal laws FZ number 394-FZ 28.12.2010

Federal law number 394-FZ of December 28 2010 years

On Amendments to Certain Legislative Acts of the Russian Federation in connection with the transfer of authority for certain types of state control to the customs authorities of the Russian Federation

(Adopted by the State Duma, the 22.12.2010 24.12.2010 approved by the Federation Council of)

(Published in "Rossiyskaya Gazeta" number 296 (5375) from 30.12.2010, and in the Assembly of the Russian Federation legislation on the number 1 03.01.2011, Art. 6. Enters into force one hundred and eighty days after the date of its official publication, see. Art. 7 of this Act)

Article 1

The second paragraph of point 4.1 article 28 of the Law of the Russian Federation dated 1 April 1993, the number 4730-1 "On the State Border of the Russian Federation" (Gazette of the Congress of People's Deputies of the Russian Federation and the Russian Federation Supreme Soviet, 1993, № 17, Article 594;. Collection of legislation of the Russian Federation, 1994, № 16, Article 1861;. 1996, № 50, Article 5610;. 1998, № 31, Article 3805;. 2003, № 27, Article 2700;. 2004, № 27, Article 2711;. 2005, № 10, Article 763; 2007, № 1, Article 29; 2008, № 29, Article 3418) shall read as follows:... "make some activities related to the implementation of other types of control, in accordance with the legislation of Russian Federation;".

Article 2

Write in the Russian Federation Act of 14 May 1993, the number 4979-1 "On veterinary" (Gazette of the Congress of People's Deputies of the Russian Federation and the Russian Federation Supreme Soviet, 1993, № 24, Article 857;. Assembly of the Russian Federation, 2004, № 35, Art. 3607; 2007, number 1, Art. 29; Rossiyskaya Gazeta, 2010, 15 December) following changes: 1) of the third article 1, after the words "as well as" the words "the federal executive body authorized in the field of customs, and"; 2) article 14 shall read as follows:

"Article 14. Protection of the Russian Federation from contagious animal diseases from foreign countries

To import to the Russian Federation allowed healthy animals and products of animal origin derived from healthy animals, feed, feed additives and medicines for animals from well against infectious animal diseases foreign countries - in compliance with the veterinary requirements (hereinafter in this article Products) legislation of the Russian Federation and the conditions provided for by international treaties of the Russian Federation.

Importation to the territory of the Russian Federation of goods (except for goods imported by individuals for personal, family, domestic and other purposes not related to the performance of entrepreneurial activities, as well as catches of aquatic biological resources extracted (caught) in the conduct of fishing, and fish derived from them And other products) is carried out in specially equipped and designated for these purposes checkpoints across the State Border of the Russian Federation (hereinafter referred to as specialized points of passage Ska). The list of specialized checkpoints is determined in the order established by the Government of the Russian Federation.

For the implementation of measures to prevent contagious animal diseases from foreign countries in specialized checkpoints the federal executive authority in the field of veterinary supervision and the federal executive authority in the field of defense organized veterinary border checkpoints.

In the implementation of the state veterinary supervision in specialized checkpoints, customs officials are checking the documents submitted by the carrier or a person acting on his behalf, with the arrival of goods into the territory of the Russian Federation.

Based on the results of checking documents at specialized checkpoints, customs officials make a decision to allow goods to enter the territory of the Russian Federation for the purpose of their further transportation in accordance with the customs procedure for customs transit, either on their immediate export from the territory of the Russian Federation or on their sending to special Equipped and equipped places (border veterinary checkpoints) at specialized checkpoints for inspection of goods must By the local officials of the federal executive authority in the field of veterinary supervision.

The order of the state veterinary control at checkpoints across the state border of the Russian Federation (including the procedure for the adoption of the customs authorities making an inspection of documents in specialized check points and procedure for determining the types of goods according to the uniform Commodity nomenclature of foreign economic activity of the Customs Union and the cases where a inspection of goods) by the Federal Government. ";

3) article 22 shall read as follows:

"Article 22. The interaction of federal executive authority in the field of veterinary supervision, the federal executive body for the Supervision in Consumer Rights Protection and Human Welfare and the federal executive body authorized in the field of customs

The federal executive authority in the field of veterinary supervision, the federal executive authority on Supervision in Consumer Rights Protection and Human Welfare and the federal executive body authorized in the field of customs, performed within its competence, cooperation on the protection of the population against diseases common to humans and animals, and food poisoning. ".

Article 3

Write article 11 of the Federal Law on 24 July 1998, the number 127-FZ "On state control over the implementation of international road transport and liability for violation of the order of their execution" (Collection of legislation of Russian Federation, 1998, № 31, Article 3805;. 2007, . № 1, 29 v) the following changes:

1) the first paragraph of paragraph 1 shall read as follows:

. "1 State control over observance of the order of the international road transport rests with the competent supervisory authorities: the Russian Federation (except for the border checkpoint of the Russian Federation) - the federal executive body exercising functions of control and supervision in the sphere of transport, and its territorial bodies (further - transport control and supervision bodies), and at checkpoints across the state border of the Russian Federation - to the customs authorities. ";

2) the first paragraph of paragraph 2 shall read as follows:

"2. The officials of the transport control and supervision bodies perform transport control in the territory of the Russian Federation in designated traffic signs stationary and mobile checkpoints, the list of which is coordinated bodies of transport control and supervision from the relevant executive authorities in the field of road infrastructure and the bodies of internal affairs. ";

3) 3 paragraph shall read as follows: "

3. Departure from the territory of the Russian Federation of the vehicle on which the violation was committed, provided by the present Federal law, with the permission of the customs authority after the presentation of the document by the driver, confirming the payment of an administrative fine, if a complaint or protest against the decision on administrative punishment were not satisfied. ";

4) point 4 supplemented with the following paragraph:

"If you can not eliminate the said violation within three hours from the time of arrival of the vehicle in the border checkpoint of the Russian Federation a foreign carrier or a person acting on its behalf, is taking steps to exit the vehicle from the territory of the Russian Federation.".

Article 4

The Federal Law on 30 March 1999, the number 52-FZ "On the sanitary-epidemiological welfare of population" (Collection of legislation of Russian Federation, 1999, № 14, Article 1650;. 2003, № 2, Article 167;. № 27, Art. 2700; 2004, № 35, Article 3607;. 2005, № 19, Article 1752;. 2007, № 1, Article 29;. № 49, Article 6070;. 2008, № 29, Article 3418;. 2009, № 1, . Article 17) the following changes:

1) article 30:

a) point 1, after the words "State Border of the Russian Federation", the words "(hereinafter - specialized checkpoints)";

b) in paragraph 2 words "authorized to exercise state sanitary and epidemiological supervision" to replace with words "carrying out functions on control and supervision in the field of sanitary and epidemiological welfare of the population";

c) 4 paragraph shall read as follows:

"4. The sanitary-quarantine control at checkpoints across the state border of the Russian Federation is a federal body of executive authority responsible for the control and supervision in the field of sanitary and epidemiological welfare of the population, and also the customs authorities with regard to inspection of documents in specialized check points.

In the implementation of sanitary and quarantine control in specialized checkpoints, customs officials are checking the documents submitted by the carrier or a person acting on his behalf, with the arrival of the goods and the goods into the territory of the Russian Federation.

Based on the results of the inspection of documents by customs officials, a decision is made to import goods and cargo to the territory of the Russian Federation for the purpose of their further transportation in accordance with the customs procedure for customs transit, either on their immediate export from the territory of the Russian Federation or on their direction to specially equipped and Equipped places in specialized checkpoints for inspection of goods and goods by officials of the federal executive body, I carry out its functions of control and supervision in the sphere of provision of sanitary and epidemiological welfare of the population.

The procedure of sanitary-quarantine control at checkpoints across the state border of the Russian Federation (including the procedure for the adoption of the customs authorities making an inspection of documents in specialized check points and procedure for determining the types of goods according to the uniform Commodity nomenclature of foreign economic activity of the Customs Union and when carried out inspection of goods and cargo) is determined by the Russian Government. ";

2) in the second paragraph of paragraph of Article 3 33 words "authorized to exercise state sanitary and epidemiological supervision" to replace with words "carrying out functions in the field of sanitary and epidemiological welfare of population control and supervision";

3) in paragraph article 6 34 words "authorized to exercise state sanitary and epidemiological supervision" to replace with words "carrying out functions on control and supervision in the field of sanitary and epidemiological welfare of the population";

4) in paragraph article 1 38 words "authorized to carry out sanitary and epidemiological supervision" to replace with words "carrying out functions on control and supervision in the field of sanitary and epidemiological welfare of the population";

5) in paragraph article 1 39 words "authorized to exercise state sanitary and epidemiological supervision" to replace with words "carrying out functions on control and supervision in the sphere of provision of sanitary and epidemiological welfare of population";

6) in paragraph article 3 42 words "authorized to exercise state sanitary and epidemiological supervision" to replace with words "carrying out functions on control and supervision in the field of sanitary and epidemiological welfare of the population";

7) article 46:

a) in the second paragraph of paragraph 2 words "authorized to exercise state sanitary and epidemiological supervision in the Russian Federation" with the words "carrying out functions in the field of sanitary and epidemiological welfare of population control and supervision";

b) in paragraph 3 words "authorized to exercise state sanitary and epidemiological supervision in the Russian Federation" with the words "carrying out functions on control and supervision in the field of sanitary and epidemiological welfare of the population";

c) in paragraph 6 words "authorized to exercise state sanitary and epidemiological supervision in the Russian Federation" with the words "carrying out functions in the field of sanitary and epidemiological welfare of population control and supervision";

8) in the second paragraph of paragraph of Article 3 51 words "authorized to exercise state sanitary and epidemiological supervision" to replace with words "carrying out functions on control and supervision in the field of sanitary and epidemiological welfare of the population."

Article 5

The Federal Law on 2 January 2000, the number 29-FZ "On quality and safety of food products" (Collection of legislation of Russian Federation, 2000, № 2, Article 150;. 2003, № 27, Article 2700;. 2004, № 35, .... Article 3607; 2006, № 14, Article 1458; 2007, № 1, Article 29; 2008, № 30, 3616 v) the following changes:

1) in paragraph article 2 5 words "in the field of state sanitary and epidemiological supervision" to replace with words "carrying out functions in the field of sanitary and epidemiological welfare of population control and supervision";

2) in paragraph article 3 9 words "in the field of state sanitary and epidemiological supervision" to replace with words "carrying out functions on control and supervision in the sphere of provision of sanitary and epidemiological welfare of population";

3) in paragraph article 3 10 words "in the field of state sanitary and epidemiological supervision" to replace with words "carrying out functions on control and supervision in the sphere of provision of sanitary and epidemiological welfare of population";

4) article 13:

a) In paragraph 1:

In the first paragraph the words "in the State Sanitary and Epidemiological Supervision of the Russian Federation" with the words "carrying out functions on control and supervision in the sphere of provision of sanitary and epidemiological welfare of population" after the words "its products," the words "federal executive body authorized in the field of customs affairs ";

The second paragraph shall read as follows:

"State supervision and control of food products, materials and products imported to the territory of the Russian Federation (with the exception of food products, materials and products imported by individuals for personal, family, domestic and other needs not related to business, and catches of aquatic biological Resources obtained (caught) in the implementation of fishing, and fish and other products derived from them) are carried out in specially equipped and designated for this purpose point Passage through the State Border of the Russian Federation (hereinafter referred to as specialized border crossing points) The list of specialized checkpoints is determined in accordance with the procedure established by the Government of the Russian Federation. ";

b) add paragraph 4 as follows:

"4. The federal executive body authorized in the field of customs, carries out state supervision and control in the field of food quality and safety, materials and products in terms of checking the documents in specialized check points.

In the exercise of state supervision and control in the field of food quality and safety, materials and articles in specialized checkpoints, customs officials are checking the documents submitted by the carrier or a person acting on his behalf, with the arrival of food, materials and products to the territory Russian Federation.

Based on the results of the inspection of documents by officials of customs authorities, a decision is made to import food products, materials and products to the territory of the Russian Federation with a view to their further transportation in accordance with the customs procedure for customs transit, either on their immediate export from the territory of the Russian Federation or on their Specially equipped and equipped places in specialized check points for inspecting food, materials and products by federal officials Th organ of executive power exercising the functions of control and supervision in the sphere of ensuring sanitary and epidemiological welfare of the population.

The procedure for the implementation of state supervision and control in the field of ensuring the quality and safety of food products, materials and products at border crossings across the State Border of the Russian Federation (including the procedure for the customs authorities to take decisions on the results of checking documents at specialized checkpoints and the procedure for determining the types of goods in accordance With a single Commodity Nomenclature of Foreign Economic Activity of the Customs Union and cases when inspection of goods is being conducted) is determined The Government of the Russian Federation. ";

5) in paragraph article 2 20 words "on the state sanitary and epidemiological supervision" to replace with words "carrying out functions on control and supervision in the field of sanitary and epidemiological welfare of the population."

Article 6

The Federal Law on 15 July 2000, the number 99-FZ "On Plant Quarantine" (Collection of legislation of Russian Federation, 2000, № 29, Article 3008;. 2004, № 35, Article 3607;. 2007, № 1, Article 29. ) as follows:

1) article 7 shall read as follows:

"Article 7. State quarantine phytosanitary control State quarantine phytosanitary control in the territory of the Russian Federation shall be exercised by the federal executive body for the provision of plant quarantine.

State quarantine phytosanitary control at checkpoints across the state border of the Russian Federation by the federal executive body for the provision of plant quarantine and customs authorities with regard to inspection of documents. ";

2) article 9:

a) The third part shall read as follows:

"The import into the territory of the Russian Federation of quarantineable products (quarantine material, quarantine cargo), except for those imported by individuals for personal, family, domestic and other needs not related to business, is carried out in specially equipped and designated for these purposes checkpoints through the State Border of the Russian Federation (hereinafter referred to as specialized border crossing points), in which they are organized in accordance with the requirements of the rules and norms for ensuring . Arantina plant border posts of plant quarantine list of specialized check points is determined in the manner prescribed by the Government of the Russian Federation. ";

b) in the fourth part of the word ", including inspection" shall be deleted;

c) in the fifth part of the word ", including inspection," shall be deleted;

g) of the sixth to add the words "as well as customs authorities";

d) to add new parts seventh - ninth as follows:

"In exercising state quarantine phytosanitary control in specialized checkpoints, customs officials are checking the documents submitted by the carrier or a person acting on his behalf, with the arrival of regulated products (regulated article, goods in quarantine) on the territory of the Russian Federation.

Based on the results of document verification, customs officials make a decision to import quarantineable products (quarantine and quarantine cargo) to the territory of the Russian Federation for the purpose of further transportation in accordance with the customs procedure for customs transit, or on its immediate export from the territory of the Russian Federation, or Its direction to specially equipped and equipped places (border quarantine points of plants) at specialized border crossing points Poisoning of quarantineable products (quarantine material, quarantine cargo) by officials of the federal executive authority for the provision of plant quarantine.

The procedure for the implementation of the state quarantine phytosanitary control at the checkpoints across the State Border of the Russian Federation (including the procedure for the adoption by customs authorities of decisions on the results of checking documents at specialized checkpoints and the procedure for determining types of regulated products (quarantine material, quarantine cargo) in accordance with the single Commodity Nomenclature Foreign economic activity of the Customs Union and cases where inspection is conducted in quarantine (Quarantine material, quarantine cargo) is determined by the Government of the Russian Federation. ";

e) of the seventh - ninth be considered as parts of the tenth - twelfth;

3) article 13 words "the federal executive authority to ensure the plant quarantine" shall be replaced with the words "the federal executive bodies authorized to carry out state quarantine phytosanitary control, in the manner established by the Russian Government."

Article 7

This Federal Law shall enter into force one hundred and eighty days after the date of its official publication.

Russian President Dmitry Medvedev