The state service is the activity of authorized bodies, carried out within the framework of their competence and aimed at the realization of interests and rights, ensuring the fulfillment of the duties of the persons who initiated it. Its financing is carried out at the expense of the budget of the appropriate level (federal or regional). . Statutory acts also provide for such a concept as municipal services . This activity, respectively, is carried out by the authorized structures of the Ministry of Defense. It is financed from the local budget.
Interdepartmental interaction of state bodies: Federal Law No. 210-FZ
To improve the quality and reduce the time of provision of municipal and state services, administrative reform was carried out. As a result, in 2010, a regulatory act regulating the activities of authorized bodies (Federal Law No. 210) came into effect. One of the key moments in the organization of the work of competent structures was interdepartmental interaction. с 2010 г. не вправе требовать от физлиц и юрлиц документы, которые имеются в распоряжении госструктур. State bodies since 2010 have no right to demand from individuals and legal entities the documents that are available to government agencies. Since the enactment of the normative act, about 3 million requests have been sent - this is the number of times citizens have not spent their time in lines for inquiries. The provisions of Federal Law No. 210 also apply to municipal services. Since 2012, new rules and prohibitions have been in force in each MoD.
требовалось создать полноценную электронную систему обмена сведениями. At the initial stage of transition to interdepartmental interaction of state bodies, it was required to create a full-fledged electronic information exchange system. To implement this task, the SMEE was formed. Since 2011, all authorized structures have switched to electronic interdepartmental interaction. оказывают порядка 400 услуг. The state bodies render about 400 services. More than 1400 documents of the structure should receive from each other and can not claim them from citizens.
оказал влияние не только на техническую сторону деятельности уполномоченных структур. The process of transition to interdepartmental information interaction had an impact not only on the technical side of the activities of authorized structures. The application of the new rules allowed us to significantly optimize internal operations, create new competencies for employees, and eliminate contradictions that existed in the requirements. For example, it was revealed more than 260 redundant documents, which government agencies requested from citizens.
The concept of the Ministry of Economic Development
. It was developed at the end of 2013. The main theme of the concept is the optimization of mechanisms for planning and implementing interagency interaction of state bodies . It identifies key areas for further development of the system. Among them:
- Increase in the number of participants in interdepartmental interaction (including subordinate structures, credit and other organizations in the system).
- Improving the quality of information posted in the Unified Register.
- Dissemination of interdepartmental interaction to the control and supervisory sphere of activity.
- Optimization of regulations development rules.
- Creation of legal grounds for interaction of state structures of different regions.
Within the framework of the administrative reform, the provisions of more than 100 FZ were amended. . As a result, the obstacles to the organization of the inter-agency interaction of state authorities were eliminated.
Protection of the rights of legal entities and IP
As one of the most important directions of the administrative system reform was the restriction of the interference of state structures in economic activities, the elimination of excessive regulation and the alleviation of barriers to business. в сфере госконтроля (надзора). To realize the tasks, it was decided to use the successful experience of introducing the order of interdepartmental interaction of public authorities in the sphere of state control (supervision). As a legal basis, Federal Law No. 306 of 03.11.2015 was issued. The normative act provides for the extension of the mechanism of interaction between departments for the implementation of control and supervisory functions. This law defined a new stage in the development of the control system.
Nuances of application of norms
государственных органов предусматривает использование механизма не для всех категорий документов. It should be borne in mind that the Law on Interagency Cooperation of State Bodies provides for the use of the mechanism not for all categories of documents. In FZ No. 210 a closed list of securities of personal storage is installed. Their applicants are required to provide in person. In the Rosreestr subjects provide:
- Identity documents.
- Sv-in about state registration of acts of citizens. State.
- A document certifying the registration (residence permit) at the place of residence / residence.
- Archival papers.
- Sentences, decisions, decisions, rulings of arbitrations and courts of general jurisdiction.
- Constituent documentation.
- Permits, opinions, decisions issued by the guardianship and trusteeship bodies.
- Legal documents on immovable objects, rights to which were not registered in the Unified State Register of Enterprises.
What documents can I not provide to Rosreestr?
предусматривает перечень бумаг, которые заявитель вправе не предъявлять для проведения госрегистрации прав на недвижимость и сделок с ней либо для осуществления кадастрового учета такого имущества. The Interdepartmental Interaction Regulation for Public Authorities provides for a list of securities that the applicant is not entitled to present for the purpose of state registration of real estate rights and transactions with it or for cadastral registration of such property. The list includes:
- A document certifying the belonging of a land plot to a certain category. As it is a decision to assign a site to a particular category of land.
- A document certifying the permitted use of the allotment (decision).
- A document confirming the transfer of a residential object to a non-residential or non-residential one in a residential building.
- Permission for construction.
- Extract from the home book - a certificate of subjects entitled to use the living quarters.
- Permission to commission the facility.
- Extract from the register of municipal / state property.
- Conclusion, certifying that the created or erected property is located within the boundaries of the plot allocated for the LPH.
- Document identifying the address or description of the location of the structure or allotment.
- Decision on the organization and conduct of bidding.
- A document certifying the publication of the notice of the auction / tender.
- Passport to the object of cultural heritage.
- Protocol on the results of trades conducted for the purpose of selling the right to conclude an agreement on the lease of the land plot.
- Other documents at the disposal of executive authorities of the Russian Federation, bodies of territorial self-government, organizations and institutions subordinate to them. An exception is provided for the securities, the list of which is set forth in part 6 of Article ФЗ No. 210, and also, which, in accordance with the provisions of Art. 17 of Federal Law No. 122, serve as grounds for state registration of rights (except for construction permits and commissioning).
The applicant has the right to independently produce the above-mentioned papers at his own request.
It should contain information about the basic information resource for which documents and data are requested. If the applicant did not provide the paper and information, the request includes:
- The name of the referring body or organization.
- Name of the addressee.
- The name of the municipal / state services, for the provision of which you need a document or information. If there is an identifier in the registry, then it is specified in the request.
- A reference to the provisions of the normative act, according to which the provision of the document / information is established, its requisites.
- Data specified in the administrative regulations for the paper or data sought.
- Contact information for sending a response.
- Date of dispatch, name, position of the employee who prepared and sent the request. The email address is also indicated. Mail or phone number (service).
- Information on obtaining consent, attached to Part 5 of Article ФЗ № 210.
The requirements of the above points do not apply to requests for information and documents within the framework of information interdepartmental interaction using the SMEW system and the regional bases connected to it.
Preparation and sending of a response to the received interdepartmental request for information and documentation provided for in clause 2 Part 1 of Article 7 of Article ФЗ No. 210 for provision of municipal / public services must be made within 5 days (workers). When carrying out cadastral registration or state registration of real estate rights, the period is reduced to 2 days. The calculation is carried out from the date of receipt of the request to the organization / body providing information or documentation, if other periods are not fixed by federal legislation, regional laws adopted in accordance with them, as well as government regulations.
Interdepartmental interaction, carried out for the purpose of obtaining and providing information and documentation, provided for in clause 2 Part 1 of Article 7 of Article ФЗ No. 210, is electronically regulated by the Regulation on SMEV. It is approved by the governmental decree and normative acts adopted in accordance with it by the highest executive structures of regional authorities. The rules for obtaining / providing information and documentation may be established by acts of a constituent entity of the Russian Federation, a territorial self-government body, taking into account the provisions of Federal Law No. 210. Untimely provision or failure to provide the organization / body with the information and papers specified in cl. 7, on the received request does not appear the basis for refusal to the applicant in providing him with municipal / state services. An employee who fails to submit the required document or information in the possession of the relevant organization / body shall be subject to disciplinary, administrative or other liability provided for by the regulatory enactments of the Russian Federation. Sanctions are also provided for persons who did not send a response to the request in time.