Resolution of the Government of the Russian Federation of July 22, 2009 N 599
"On the procedure for ensuring access to services of natural monopoly entities at airports"
In order to ensure non-discriminatory access to the services of natural monopoly entities at airports and in accordance with Article 10 of the Federal Law "On Protection of Competition", the Government of the Russian Federation decides:
1. To approve the attached Rules for providing access to services of natural monopoly entities at airports.
2. The Ministry of Transport of the Russian Federation shall, within 3 months, approve:
in agreement with the Federal Antimonopoly Service, the methodology for calculating the technical capabilities of airports and the procedure for its application;
the form and content of the application for the provision of services by natural monopoly entities at airports;
the form and procedure for maintaining the register of applications for the provision of services of natural monopoly entities at airports.
3. To supplement the list of services of subjects of natural monopolies at airports, prices (tariffs, fees) for which are regulated by the state, approved by the Government of the Russian Federation of April 23, 2008 N 293 "On state regulation and control of prices (tariffs, fees) for services of subjects natural monopolies in transport terminals, ports, airports and services for the use of the infrastructure of inland waterways "(Collected Legislation of the Russian Federation, 2008, N 17, Art. 1887), paragraphs 5 and the following content:
"5. Provision of aircraft refueling with aviation fuel
6. Aviation fuel storage ".
4. The rules approved by this resolution enter into force 3 months after the date of its signing.
rules
ensuring access to services of natural monopoly entities at airports
(approved by the decree of the Government of the Russian Federation of July 22, 2009 N 599)
With changes and additions from:
I. General Provisions
1. These Rules define the general principles and procedure for ensuring consumers' access to the services of natural monopoly entities (hereinafter referred to as services) at airports in order to prevent the creation of conditions that put the consumer (several consumers) in an unequal position in comparison with another consumer (other consumers) when access to airport infrastructure and airport services.
2. The following terms are used in these Rules:
"chief operator"- an economic entity that has an airport certificate and a certificate of state registration and airfield fitness for operation;
"operator" - an economic entity that has certificates for the implementation of airport activities, has and (or) uses, on any legal basis, a complex of facilities, including an airfield, and (or) an airport terminal, and (or) other airport infrastructure facilities intended to provide complex or part of services at airports;
"consumers" - air carriers performing regular and non-scheduled air transportation, aircraft operators (operators), as well as other persons, with the exception of passengers, who use services at airports or who have applied for the provision of services at airports;
"airport infrastructure facilities"- structures and equipment, production and technological complexes located on the territory of the airport and directly used in order to provide consumers with services at the airport;
"slot" - the time of departure and (or) arrival (takeoff or landing) included in the schedule for a specific type (types) of aircraft on a specific date (day of the week);
"historical slot"- slot included in the schedule in the previous equivalent period;
"historical slot right"- the right to use a slot similar to the slot included in the schedule in the previous equivalent period;
"summer season" is a semester that begins on the last Sunday in March and ends on the Saturday before the last Sunday in October;
"winter season" - a semester that begins on the last Sunday in October and ends on the Saturday before the last Sunday in March;
"technical capability of the airport"- the estimated value determined by the standards for the throughput of airport infrastructure facilities, including runways, apron, air terminal (terminals), checkpoints across the state border of the Russian Federation, as well as infrastructure facilities for fuel supply of aircraft and storage of aviation fuel.
II. General principles of access to services at airports
3. In order to ensure consumer access to services at airports, the main operators (operators) must:
a) not to allow the creation of conditions that put one consumer (several consumers) in an unequal position in comparison with another consumer (other consumers) in the provision of services at airports;
b) to carry out in relation to consumers a unified price (tariff) policy concerning the provision of services at the airport;
c) conclude contracts that do not allow the creation of conditions that put some consumers in an unequal position in comparison with other consumers in comparable conditions;
d) ensure the availability of information on the list of services at airports, the procedure for their implementation, tariffs and charges.
III. General procedure for access to services at airports
4. Services at airports are provided to their consumers on the basis of an agreement on the provision of services (hereinafter referred to as the agreement), which is concluded both in simple written form and in another form provided for by the legislation of the Russian Federation, including on one-time requests from consumers.
5. The person who intends to conclude an agreement on the provision of services (hereinafter referred to as the applicant) sends the main operator (operator) in writing an application for the provision of services at the airports (hereinafter referred to as the application). The application form and the content of the information specified in the application are approved by the Ministry of Transport of the Russian Federation, while for consumers who are air carriers and (or) operators, the application must contain the following basic information:
a) list of slots;
b) information about the frequency of flights;
c) a list of types of aircraft on which the applicant plans to operate flights;
d) the need for fueling aircraft.
6. The main operator (operator) maintains a register of applications, which records the date and time of receipt of the application, as well as its registration number. The form of the register and the procedure for maintaining it are established by the Ministry of Transport of the Russian Federation. Refusal of registration, distortion of the data specified in the application and the registration number of the application are not allowed.
Information on applications registered in the register should be available to all consumers. The information contained in the register must be posted on the Internet on the airport's official website and are subject to daily (on weekdays) updates. At the written request of consumers, the information contained in the register is provided by the main operator (operator) to consumers on the day of contact.
7. The main operator (operator) considers the application within 3 working days from the date of its receipt for compliance with its requirements established by paragraph 5 of these Rules. When an application is made in violation of the requirements, the application is returned to the applicant within the specified time frame. When the application is properly executed, the main operator (operator), within 15 calendar days from the date of receipt of the application, considers and confirms it by sending the signed draft agreement to the applicant or sends a written reasoned refusal to conclude it.
8. If, within 10 working days from the date of receipt from the main operator (operator) of a signed draft contract that satisfies the conditions of the submitted application, the main operator (operator) does not receive the contract signed by the applicant or written comments and (or) proposals on the contract , then the application, on the basis of which the draft contract was signed by the main operator (operator), is considered canceled, and the signed draft contract transferred to the applicant by the main operator (operator) after the expiration of the specified period is considered withdrawn.
9. The main operator (operator) within 3 working days from the date of elimination of the reasons for refusal, independent of the applicant, notifies the applicant, who was refused to conclude the contract.
10. The main operator, subject to the technical capability of the airport and the needs of consumers, provides operators and other business entities with the opportunity to provide similar services, as well as consumers - independently (in whole or in part) to serve passengers and aircraft operated by them at the airport, including in terms of providing air ships with aviation fuel.
IV. The procedure for considering applications at airports
11. The main operator (operator) considers applications providing for the allocation of slots for flights, and confirms them, taking into account 3 levels of priority setting, unless otherwise provided by federal laws, regulatory legal acts of the President of the Russian Federation.
12. The first (highest) level is the main one when confirming applications and sets the following priorities:
a) flights operated by the decision of the Government of the Russian Federation, as well as flights operated by state aviation aircraft in the interests of the defense capability and security of the state;
b) flights declared under the historical slot right;
c) flights declared on the basis of the historical slot, for which the historical slot has become unavailable due to changes in the capacity standards and (or) the operating regulations of the airport in which the air carrier had a historical slot;
d) flights for which the change in the time zone at the points of the route does not allow using the right of the historical slot and (or) continuing to operate flights using the allocated slots;
e) flights for which slots were requested at the planning stage as a series of slots, but confirmed by the operator due to the lack of technical capability of the airport in such a way that a series of slots was not formed;
f) flights, slots for which claim the historical right, but cannot receive it due to the priority of the historical right of the slots allocated at the planning stage;
g) other flights.
13. The second level establishes priorities when confirming applications for the allocation of slots for flights, which are applied in the event that 2 or more air carriers and (or) an operator apply for the same slot within the framework of the priorities specified in paragraph 12 of these Rules, depending on the following types of transportation:
a) passenger regular international;
b) passenger regular domestic;
c) freight regular international;
d) freight regular domestic;
e) international charter passenger on a regular basis;
f) passenger charter domestic on a regular basis;
g) international cargo charter on a regular basis;
h) cargo charter domestic on a regular basis;
i) passenger charter international one-time;
j) passenger charter domestic one-time;
k) cargo charter international one-time;
m) cargo charter domestic one-time;
m) general aviation flights.
14. The third level establishes the following priorities when confirming applications for the allocation of slots for flights, which are applied in the event that 2 or more air carriers and (or) an operator apply for the same slot within one of the priorities of the second level:
a) flights to the Far East, to the regions of the Far North and equivalent areas;
b) flights, the operation of which is extended until a year-round period at the same local time;
c) flights with the longest duration of the period of their performance in the planned season. If the duration of the periods is equal, the priority is given to the earlier calendar time of the start of flights;
d) slots for applications providing the largest number of flights in the schedule for the relevant season;
e) flights with a greater number of airports with limited capacity on the route of the air line;
f) flights with a shorter stay at the airport;
g) applications from customers with fewer total slots at the airport.
15. If it is necessary to revise already confirmed applications in the event of a change in the technical capability of the airport or a change in the time zone at the points of the route, preference is given to applications for the allocation of slots in the following order:
a) with the right of a historical slot in more consecutive equivalent seasons;
b) with a higher slot utilization rate in the previous equivalent season;
c) with a higher slot utilization rate in the current season;
d) with an earlier date for receiving confirmation for a slot in the current season;
16. In the presence of several applications providing for the allocation of slots, which are equivalent in priority and the simultaneous satisfaction of which is impossible due to the limited technical capacity of the airport, consideration and confirmation of applications are carried out by the main operator (operator), taking into account the order of submission of applications registered in the register of applications provided for clause 6 of these Rules.
17. The approval and confirmation of applications is carried out by the main operator in accordance with the technical capability of the airport for each duration of the schedule (winter season, summer season).
18. The methodology for calculating the technical capability of the airport (hereinafter referred to as the methodology), as well as the procedure for its application, are established by the Ministry of Transport of the Russian Federation in agreement with the Federal Antimonopoly Service.
The calculation of the technical capability of the airport in accordance with the methodology is carried out by the main operator (operator).
19. The main operator forms a draft list of historical slots for agreement with consumers based on the analysis of flights actually performed within the schedule during the past equivalent season.
20. The draft list of historical slots before April 5 (next winter season) and September 5 (next summer season) is sent to consumers entitled to a historical slot for approval.
21. Consumers at the planning stage, before April 15 (winter season) and September 15 (summer season), confirm to the main operator their consent to use the right of historical slots by submitting an application in the manner prescribed by these Rules, or send their comments to the draft list of historical slots.
23. Air carriers and / or operators can send applications to the operator for free slots from April 21 (for the upcoming winter season) and from September 21 (for the upcoming summer season).
The main operator coordinates and confirms to air carriers and (or) operators from May 6 to September 30 (for the upcoming winter season) and from October 6 to February 28 (for the upcoming summer season) applications for free slots.
24. Slots for which the schedule has not been published until September 30 inclusive (winter season) or February 28 inclusive (summer season) are considered free. Consumers have the right to apply for the allocation of these slots.
25. Assignment (resale) of confirmed slots between consumers is not allowed.
26. Consumers can exchange any number of confirmed slots subject to the one-on-one condition with the consent of the main operator (operator) of the airport.
In case of inconsistency on the part of the main operator (operator) of the exchange of slots between consumers, consumers can abandon the slots they do not require. In this case, slots are considered free and applications can be submitted for them in the manner prescribed by these Rules.
27. Non-use by the consumer during the season of more than 20 percent of the slots confirmed for him gives the right to the main operator (operator) to declare such slots free (with mandatory notification in writing of the consumer to whom these slots were originally confirmed). After 5 days from the date of notification of the initial consumer about the announcement of slots as free, such slots are considered free, and consumers can apply for them.
28. If technical capabilities are limited, the main operator (operator), within 15 working days from the date of receipt (registration) of the application, notifies the applicant in writing about the conditions and in what volume the services can be rendered and the contract concluded.
29. If the consumer disagrees with the decision of the main operator (operator), he has the right to send a statement containing the requirement for the main operator (operator) to submit the initial data and the procedure for calculating the technical capability of the airport. The main operator (operator), within 3 working days from the date of receipt of such an application, submits a written response indicating the necessary data.
30. If there is no technical ability to fully satisfy all applications (in terms of volume and (or) time of service provision), the main operator (operator) within 30 days from the date of sending the refusal to satisfy the application on the basis of the lack of technical capability of the airport is obliged to develop a plan of measures aimed at ensuring such a technical capability. The specified action plan is posted on the airport's official website on the Internet and sent to the Federal Air Transport Agency.
V. Procedure for access to services for the provision of aviation fuel for aircraft at the airport
31. Aircraft fuel supply at airports is carried out in accordance with agreements providing for the provision of aircraft refueling and aviation fuel storage, concluded on the basis of consumer applications.
32. The submission and confirmation of applications for the provision of aviation fuel to aircraft at the airport (hereinafter referred to as aviation fuel supply) are carried out in the manner prescribed by paragraphs 5 - 8 of these Rules.
33. Operators in the presence of applications from consumers who are air carriers and (or) operators and (or) suppliers of aviation fuel (who have concluded contracts for the supply of aviation fuel by air carriers or operators), and if the airport is technically feasible (in terms of fuel infrastructure facilities). provision of aircraft) conclude contracts for the provision of a range of services or a separate service (in accordance with the application) for aviation fuel supply, including the storage of aviation fuel in the volumes necessary for carrying out transportation activities in accordance with the slots confirmed to consumers, taking into account the length of the routes, the volume of storage of the minimum balance aviation fuel at the airport, as well as aircraft refueling using the aircraft fuel infrastructure at the airport (technological equipment and technical means used in the technological process of receiving, storing, quality control , preparation and delivery for refueling, refueling of aviation fuel in aircraft).
34. If the consumer disagrees with the refusal to provide aviation fuel supply services and (or) access to the market of such services of other economic entities due to the lack of technical capability of the airport, the parties act in the manner prescribed by clauses 29 and these Rules.
Vi. Disclosure of information about services at airports
35. Main operators (operators) provide consumers with access to information about services at airports by posting it on the airport's official website on the Internet and providing information on the basis of written requests from consumers.
36. The following information about services at the airport is subject to free access:
G) information on measures to increase the technical capacity of the airport;
h) information on the introduction of any time restrictions on access to services and the timing of their termination;
j) information on the structure of costs for the maintenance of airport infrastructure facilities.
38. Changes that are made to the information specified in clause 36 of these Rules are posted by the main operators (operators) on the airport's official website on the Internet no later than 5 business days from the date of their introduction, and are also provided upon written request of the applicants and (or) consumers.
39. The main operators (operators), within a period of at least 45 days, provide consumers with information on the timing of the planned introduction of any restrictions on access to the services of entities at airports, if these restrictions affect the provision of services on previously confirmed applications, provided that that is not established otherwise by other regulatory legal acts.
40. Control over the disclosure of information by the main operators (operators) in accordance with these Rules is carried out by the Federal Antimonopoly Service and (or) its territorial offices.
41. The main operators (operators), when informing the Federal Antimonopoly Service or its territorial departments about the disclosure of information specified in paragraph 36 of these Rules, must indicate the sources of its publication.
42. Cases on violation of the conditions and procedure for providing access to services at airports and decisions on them are considered in the manner prescribed by the Federal Law "On Protection of Competition".
On approval of the Regulation on licensing the operation of explosive and fire hazardous production facilities
The Government of the Russian Federation decides:
4. Establish that licenses for the operation of fire-hazardous production facilities and operation of explosive production facilities, issued prior to the entry into force of this resolution, are valid until the end of the period specified in them.
Prime Minister of the Russian Federation V. Putin
Position on licensing the operation of fire and explosion hazardous production facilities
1. This Regulation determines the procedure for licensing the operation of explosive and fire hazardous production facilities carried out by legal entities and individual entrepreneurs on the territory of the Russian Federation (hereinafter - licensed activity).
2. Operation of fire and explosion hazardous production facilities provides for the performance of work and services at hazardous production facilities in accordance with the list according to the appendix.
3. Licensing of the operation of explosive and fire hazardous production facilities is carried out by the Federal Service for Environmental, Technological and Nuclear Supervision (hereinafter - the licensing body).
4. A license to operate explosive and fire hazardous production facilities (hereinafter - the license) is granted for 5 years. The validity period of the license can be extended in accordance with the procedure established for the renewal of the document confirming the existence of the license.
Licensing requirements and conditions for the operation of fire and explosion hazardous production facilities are:
a) compliance by the licensee with the industrial safety requirements for the operation of a hazardous production facility established by Article 9 of the Federal Law "On Industrial Safety of Hazardous Production Facilities";
b) compliance by the licensee with the industrial safety requirements for readiness for actions to localize and eliminate the consequences of an accident at a hazardous production facility, established by Article 10 of the Federal Law "On Industrial Safety of Hazardous Production Facilities";
c) the licensee has technical devices used at a hazardous production facility that meet the industrial safety requirements established by Article 7 of the Federal Law "On Industrial Safety of Hazardous Production Facilities";
d) the licensee has a permit to commission a hazardous production facility or a positive conclusion of industrial safety expertise in accordance with Articles 8 and 13 of the Federal Law "On Industrial Safety of Hazardous Production Facilities";
e) organization and implementation by the licensee of production control over compliance with industrial safety requirements in accordance with Article 11 of the Federal Law "On Industrial Safety of Hazardous Production Facilities";
f) the licensee has a declaration of industrial safety of a hazardous production facility in accordance with Article 14 of the Federal Law "On Industrial Safety of Hazardous Production Facilities";
g) the licensee has a liability insurance contract for causing harm to life, health or property of other persons and the environment in the event of an accident at a hazardous production facility in accordance with Article 15 of the Federal Law "On Industrial Safety of Hazardous Production Facilities";
h) the licensee has an explosive and fire hazardous production facility on the basis of ownership or on other legal basis.
6. Operation of explosive and fire hazardous production facilities with gross violation of licensing requirements and conditions entails liability in accordance with the legislation of the Russian Federation.
In this case, a gross violation is understood as the licensee's failure to comply with the requirements and conditions provided for in subparagraphs "a", "b", "d" and "g" of these Regulations.
To obtain a license, the license applicant sends or submits to the licensing authority an application for granting a license, in which he indicates the types of work (services) in accordance with the list provided for in the appendix to this Regulation, and the documents (copies of documents) specified in paragraph 1 of Article 9 of the Federal Law "On licensing certain types of activities", as well as:
a) copies of documents confirming that he has an explosive and fire hazardous production facility on the basis of ownership or on other legal basis;
b) a copy of the permit for commissioning a fire and explosion hazardous production facility or a copy of the industrial safety expert examination report;
c) a copy of the industrial safety declaration of a hazardous production facility;
d) copies of permits for the use of specific types (types) of technical devices issued in accordance with the established procedure by the Federal Service for Environmental, Technological and Nuclear Supervision;
e) a copy of the insurance contract for liability for causing harm to life, health or property of other persons and the environment in the event of an accident at a hazardous production facility;
f) copies of documents (diplomas, certificates, certificates) on the qualifications of employees.
8. If the copies of the documents provided for in this Regulation are not certified by a notary, they are submitted with the presentation of the originals.
The licensing authority is not entitled to require the license applicant to submit documents that are not provided for by these Regulations.
9. When considering an application for a license, the licensing authority checks the completeness and accuracy of the information about the license applicant contained in the documents submitted in accordance with clause 7 of this Regulation, as well as verifies the possibility of the license applicant fulfilling the license requirements and conditions.
10. A document issued by the licensing authority confirming the existence of a license must have an attachment containing the types of work and services performed, which is an integral part of the specified document.
11. In case of loss of a document confirming the existence of a license, the licensing authority issues a duplicate thereof on the basis of a written application from the licensee within 10 days from the date of receipt of the application.
A duplicate is drawn up in 2 copies (each is marked "duplicate"), one of which is sent (handed over) to the licensee, and the other is kept in the licensee's license file.
If necessary, the licensing authority issues a certified copy of the document confirming the existence of a license, on the basis of a written application from the licensee within 7 days from the date of receipt of the application.
12. Information related to the implementation of licensed activities provided for in paragraph 2 of Article 6 and paragraph 1 of Article 14 of the Federal Law "On Licensing Certain Types of Activities" shall be posted in the official information resources of the licensing authority within 15 days from the date:
b) the licensing authority makes a decision to grant or renew a license, suspend or renew a license;
c) the entry into force of a court decision to revoke the license;
d) receiving information from the Federal Tax Service about the liquidation of a legal entity or the termination of its activities as a result of reorganization or the termination of an individual's activities as an individual entrepreneur.
By Decree of the Government of the Russian Federation of April 21, 2010 N 268, paragraph 13 of this Regulation was amended
13. Verification of the licensee's compliance with the licensing requirements and conditions in the implementation of the licensed type of activity is carried out by the licensing authority, taking into account the requirements of the Federal Law "On the Protection of Rights legal entities and individual entrepreneurs in the implementation state control (supervision) and municipal control ".
14. The licensing authority makes decisions on granting a license (refusing to grant a license), suspending and renewing its validity, re-issuing a document confirming the existence of a license, as well as maintaining a register of licenses and providing information contained in it in accordance with the procedure established by the Federal Law "On licensing of certain types of activity ".
By Decree of the Government of the Russian Federation of September 24, 2010 N 749, paragraph 15 of this Regulation is set out in a new edition
15. For the licensing authority providing a license, re-issuing a document confirming the existence of a license, issuing a duplicate document confirming the existence of a license, and extending the validity of the license, a state fee is paid in the amount and in the manner established by the legislation of the Russian Federation on taxes and fees.
By Decree of the Government of the Russian Federation of February 2, 2010 No. 44, amendments have been made to this appendix
Application
to the Licensing Regulations
exploitation of fire-hazardous
production facilities
List of works and services performed during the operation of fire and explosion hazardous production facilities
1. Obtaining flammable, oxidizing, combustible, explosive substances defined by Appendix 1 to the Federal Law "On Industrial Safety of Hazardous Production Facilities".
2. The use of flammable, oxidizing, combustible, explosive substances specified in Appendix 1 to the Federal Law "On Industrial Safety of Hazardous Production Facilities", with the exception of the use of flour in enterprises for the production of bread, bakery and confectionery products.
3. Processing of flammable, oxidizing, combustible, explosive substances specified in Appendix 1 to the Federal Law "On Industrial Safety of Hazardous Production Facilities", with the exception of flour processing at enterprises producing bread, bakery and confectionery products.
4. Storage of flammable, oxidizing, combustible, explosive substances specified in Appendix 1 to the Federal Law "On Industrial Safety of Hazardous Production Facilities", with the exception of storage of substances at facilities intended for retail trade in gasoline and diesel fuel, storage of flour at production facilities bread, bakery and confectionery products.
5. Transportation of flammable, oxidizing, combustible, explosive substances specified in Appendix 1 to the Federal Law "On Industrial Safety of Hazardous Production Facilities", with the exception of transportation of flour at enterprises producing bread, bakery and confectionery products.
6. Destruction of flammable, oxidizing, combustible, explosive substances defined by Appendix 1 to the Federal Law "On Industrial Safety of Hazardous Production Facilities".
7. Use (operation) of equipment operating under a pressure of more than 0.07 megapascals or at a water heating temperature of more than 115 degrees Celsius.
8. Obtaining melts of ferrous and non-ferrous metals and alloys based on these melts.
9. Conducting mining, mineral processing, and underground operations.
List of invalid acts of the Government of the Russian Federation
1. Decree of the Government of the Russian Federation of August 14, 2002 N 595 "On approval of the Regulation on licensing the operation of fire hazardous production facilities" (Collected Legislation of the Russian Federation, 2002, N 34, Art. 3290).
2. Clause 103 of the amendments that are made to the resolutions of the Council of Ministers of the RSFSR, the Government of the RSFSR and the Government of the Russian Federation concerning state registration of legal entities approved by Decree of the Government of the Russian Federation of October 3, 2002 N 731 (Collected Legislation of the Russian Federation, 2002, N 41 , art. 3983).
3. Decree of the Government of the Russian Federation of November 15, 2003 N 690 "On Amending the Decree of the Government of the Russian Federation of June 4, 2002 N 382 and of August 14, 2002 N 595" (Collected Legislation of the Russian Federation, 2003, N 47, p. 4543).
4. Clause 123 of changes that are made to the acts of the Government of the Russian Federation approved by Decree of the Government of the Russian Federation of February 1, 2005 N 49 "On amendments and invalidation of certain acts of the Government of the Russian Federation" (Collected Legislation of the Russian Federation, 2005, N 7 , p. 560).
5. Decree of the Government of the Russian Federation of January 17, 2007 N 18 "On licensing the operation of explosive production facilities" (Collected Legislation of the Russian Federation, 2007, N 4, Art. 523).
6. Clause 24 of the amendments that are made to the acts of the Government of the Russian Federation on the state duty, approved by the Government of the Russian Federation of January 26, 2007 N 50 "On amendments and invalidation of certain acts of the Government of the Russian Federation on the state duty" (Collection legislation of the Russian Federation, 2007, N 6, Art.760).
7. Resolution of the Government of the Russian Federation of October 2, 2007 N 631 "On Amending the Regulations on Licensing the Operation of Explosive Production Facilities" (Collected Legislation of the Russian Federation, 2007, N 41, Art. 4899).
8. Decree of the Government of the Russian Federation of October 2, 2007 N 632 "On amendments to the Regulations on licensing the operation of fire hazardous production facilities" (Collected Legislation of the Russian Federation, 2007, N 41, Art. 4900).
GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
ABOUT CHANGES
B RULES FOR PROVIDING MOBILE SERVICES
The Government of the Russian Federation decides:
1. To approve the attached changes that are made to the Rules for the provision of mobile services, approved by the Government of the Russian Federation of May 25, 2005 N 328 (Collected Legislation of the Russian Federation, 2005, N 22, Art. 2133; 2007, N 7, Art. 898; N 43, Art.5194; 2008, N 8, Art.749; 2011, N 42, Art.5922).
Prime Minister
Russian Federation
D. MEDVEDEV
Approved
government decree
Russian Federation
CHANGES,
WHICH ARE INCLUDED IN THE RULES FOR PROVIDING MOBILE COMMUNICATIONS SERVICES
1. Clause 1 shall be supplemented with the words ", as well as the peculiarities of the provision of communication services when transferring a subscriber number".
2. Clause 2 after the seventh paragraph shall be supplemented with the following paragraphs:
"donor operator" - a mobile operator, from the communication network of which the subscriber number is transferred;
"recipient operator" - a mobile operator, into the communication network of which the subscriber number is transferred;
"porting a subscriber number" - a set of organizational and technical measures that allow a subscriber who has been assigned a subscriber number on the basis of an agreement on the provision of mobile services (hereinafter - the agreement) to save and use this subscriber number when concluding a new agreement with another telecom operator, subject to the conditions established by these Rules; ".
3. In the fourth paragraph of clause 4, the words "on the provision of mobile services (hereinafter referred to as the contract)" shall be deleted.
4. Clause 24 shall be amended as follows:
"24. The telecom operator has the right to instruct a third party to conclude an agreement, including an agreement providing for the use of the ported subscriber number, on behalf of and at the expense of the telecom operator, as well as to carry out settlements with subscribers and other actions to service subscribers on behalf of the telecom operator.
Under an agreement concluded by a third party on behalf of and at the expense of the telecom operator, the rights and obligations to provide mobile services and perform other actions related to servicing subscribers arise directly from the telecom operator.
A third party acting on behalf of a telecom operator, when concluding an agreement, including an agreement providing for the use of a ported subscriber number, is obliged to enter into the agreement information about the person concluding the agreement on the basis of documents submitted in accordance with paragraphs 16-18 of these Rules, and also send one copy of the signed agreement to the telecom operator no later than 10 days after the conclusion of the agreement, unless a shorter period is provided for by the agreement concluded between the telecom operator and a third party.
Such a third party is obliged, at the request of the user of mobile services, to present a copy of the document confirming his authority to conclude an agreement on behalf of the operator. "
5. Clause 27 shall be supplemented with sub-clause "e" as follows:
6. Clause 28 shall be supplemented with sub-clause "e" as follows:
"e) in case of transferring the subscriber number, pay off the debt for the services provided under the agreement with the donor operator in relation to the transferred subscriber number."
7. Supplement with paragraph 32 (1) as follows:
"32 (1). The amount of the subscriber's fee for using a saved subscriber number when concluding a new contract providing for the use of a ported subscriber number is set by the recipient operator and cannot exceed 100 rubles. the subscriber's refusal to transfer the subscriber number in accordance with clause 48 (24) of these Rules or non-payment of the subscriber's debt to the donor operator in accordance with subparagraph "b" of clause 48 (17) of these Rules, the fee paid by the subscriber to the recipient operator for using the saved subscriber numbers are not returned to the subscriber.
When transferring a subscriber number, the subscriber pays to mobile operators only the payments provided for by these Rules. ".
8. Clause 43 shall be supplemented with the following paragraph:
"When paying for mobile services through an advance payment, in the event of the exhaustion of the amount deposited to the subscriber's personal account, the telecom operator is obliged to suspend the provision of mobile services. subscriber's account.
When transferring a subscriber number, the rendered mobile services are subject to payment in the manner and terms provided for in this case by these Rules. "
9. Supplement with paragraphs 45 (1) and 45 (2) as follows:
"45 (1). To transfer a subscriber number, the subscriber is obliged to pay off the debt according to the invoice issued in accordance with paragraph 42 of these Rules for services rendered under an agreement with the donor operator in relation to the transferred subscriber number, which was formed as of 24 hours 00 minutes the day following the day of the conclusion of the contract providing for the use of the ported subscriber number Informing the subscriber about the need to pay off the debt according to the invoice is carried out in accordance with paragraphs 48 (15) and 48 (16) of these Rules.
Repayment of the specified debt is carried out by the subscriber no later than 24 hours 00 minutes on the 4th day - for a subscriber - an individual and no later than 24 hours 00 minutes on the 21st day - for a subscriber - a legal entity from the date of the conclusion of the contract providing for the use of the transferred subscriber number.
45 (2). If after 24 hours 00 minutes of the day following the day of concluding an agreement providing for the use of a ported subscriber number, the subscriber, according to the invoice issued in accordance with clause 42 of these Rules, has a debt for services in relation to the ported subscriber number provided under an agreement with the donor operator, the donor operator has the right, after 30 days, but no later than 60 days from the date of the beginning of the provision of mobile services using the transferred subscriber number, to send the recipient operator information about the subscriber's debt for services rendered under an agreement with the donor operator in regarding the ported subscriber number, as well as the 10-day debt repayment period and methods of its repayment.
No later than the day following the day of receiving information from the donor operator on the presence of a subscriber's debt, the recipient operator is obliged to send the subscriber information about the presence of a debt to the donor operator, about the methods of repayment and that if the subscriber does not pay off this debt at 10 -day, mobile services will be suspended.
If the subscriber does not repay the debt within the specified 10-day period, the donor operator, no later than 60 days from the date of sending the information about the subscriber's debt to the recipient operator, sends the recipient operator information that the subscriber has not repaid such debt. No later than the day following the day of receipt of the specified information, the recipient operator is obliged to suspend the provision of mobile services using the ported subscriber number in accordance with paragraph 48 (4) of these Rules. The recipient operator is obliged to send information about such suspension to the donor operator no later than one day from the date of suspension of the provision of mobile services using the ported subscriber number.
The donor operator is obliged to send, no later than one day from the date of repayment of the subscriber's debt, information about the repayment of the subscriber's debt to the recipient operator. The recipient operator is obliged to resume the provision of mobile services to the subscriber no later than one day from the date of receipt of information on the subscriber's debt repayment from the donor operator.
The recipient operator is obliged to send information about such renewal to the donor operator not later than one day from the date of the resumption of the provision of mobile services using the ported subscriber number. "
10. Supplement with Section IV (1) as follows:
"IV (1). The procedure for porting a subscriber number
48 (2). A subscriber who intends to keep the subscriber number when concluding a new contract with the recipient operator, applies to the recipient operator or a third party provided for in paragraph 24 of these Rules, with a written application to terminate the contract with the donor operator and transfer the subscriber number (hereinafter - the application for transfer of a subscriber number) and the attached documents provided for in Section II of these Rules.
48 (3). The application for the transfer of the subscriber number shall contain the following information:
a) about the portable subscriber number;
b) about the subscriber (last name, first name, patronymic, place of residence, details of an identity document - for a citizen, name (company name) of an organization, location, taxpayer identification number - for a legal entity);
c) on the date of submission by the subscriber of the application for the transfer of the subscriber number;
d) on the date of commencement of the provision of services by the recipient operator;
e) on the subscriber's decision to unilaterally refuse to perform and to terminate the contract with the donor operator;
f) on the consent of the subscriber to pay off the debt for services rendered under an agreement with the donor operator in relation to the ported subscriber number;
g) on the consent of the subscriber to switch to the advance payment system for mobile services provided for in paragraph 48 (14) of these Rules.
48 (4). By virtue of the concluded agreement with the subscriber, the recipient operator must perform the actions provided for by these Rules to transfer the subscriber number.
When concluding an agreement with the recipient operator, the subscriber agrees to the processing of the subscriber's personal data when transferring the subscriber number, including by third parties, as well as consent to the fact that the recipient operator will suspend the provision of mobile services using the transferred subscriber number in case of default the subscriber's debt in accordance with clause 45 (2) of these Rules for services rendered under an agreement with the donor operator in relation to the ported subscriber number.
The application for the transfer of the subscriber number is attached to the agreement providing for the use of the transferred subscriber number.
A subscriber is a legal entity intending to keep a subscriber number when concluding a new agreement with the recipient operator, has the right to contact the donor operator to make mutual settlements and settle other issues related to termination (change) of the agreement with the donor operator.
48 (5). In the application for the transfer of the subscriber number, the subscriber has the right to determine the date and time (hour) when the recipient operator must start providing mobile services using the transferred subscriber number (hereinafter - the date of the start of the provision of services by the recipient operator). The recipient operator must start providing mobile services using the transferred subscriber number within 1 hour from the time specified in the application for the transfer of the subscriber number.
At the same time, the start date for the provision of services by the recipient operator cannot be earlier than the 8th day - for a subscriber - an individual and earlier than the 29th day - for a subscriber - a legal entity, but in any case, it cannot be later than 6 months from the date of conclusion of the contract with the recipient operator.
48 (6). If the subscriber, in the application for the transfer of the subscriber number, did not specify the start date for the provision of services by the recipient operator, the start of the provision of services by the recipient operator is an hour determined at the discretion of the recipient operator in the time interval from 1 hour 00 minutes to 6 hours 00 minutes at 8:00. day - for a subscriber - an individual and on the 29th day - for a subscriber - a legal entity from the date of the conclusion of an agreement with the recipient operator. The recipient operator must start providing mobile services using the ported subscriber number within 1 hour from the specified time.
48 (7). An agreement is concluded between the recipient operator and the subscriber, drawn up in the form and containing the conditions provided for in Section II of these Rules. An agreement providing for the use of a ported subscriber number is deemed to be concluded provided that the subscriber pays a fee for using the saved subscriber number in the amount set by the recipient operator in accordance with paragraph 32 (1) of these Rules, on the day of submission of the application for the transfer of the subscriber number.
If, when submitting an application for the transfer of a subscriber number, the subscriber did not pay for the use of the saved subscriber number, the agreement providing for the use of the transferred subscriber number is considered not concluded and the transfer of the subscriber number is not carried out.
The rights and obligations under the agreement providing for the use of the ported subscriber number arise from the moment the recipient operator starts rendering services in accordance with paragraphs 48 (5) or 48 (6) of these Rules.
48 (8). Provided by these Rules, informing the subscriber by the recipient operator and the donor operator when transferring the subscriber number is carried out in the manner prescribed by the agreement concluded between the subscriber and the relevant operator. If the procedure for informing the subscriber is not specified in the contract, then informing is carried out by sending a short text message to the subscriber from 9:00 am to 6:00 pm.
Informing subscribers by the donor operator and the recipient operator when transferring a subscriber number, as well as the interaction of such operators with each other and the database operator of the transferred subscriber numbers, are carried out according to the time zone of the territory in accordance with the national time scale of the Russian Federation UTC (SU), in the boundaries of which the subscriber number is transferred.
48 (9). The recipient operator, no later than the day following the day of the conclusion of the contract providing for the use of the ported subscriber number, sends a request for the ported subscriber number to the database operator of the ported subscriber numbers.
48 (10). The operator of the database of ported subscriber numbers sends, within 1 hour from the time of receipt of the request specified in paragraph 48 (9) of these Rules, to the recipient operator information about the receipt of the request and the date of the last porting of the subscriber number (in case the subscriber number was previously ported). If, before the end of the procedure for porting a subscriber number, the operator of the database of ported subscriber numbers has received requests from several recipient operators, then the first request from the recipient operator shall be considered. For other requests, the operator of the database of ported subscriber numbers sends within 1 hour from the time of receipt of the request to the recipient operator information about the impossibility of porting the subscriber number.
48 (11). Within one day from the date of receipt from the operator of the database of ported subscriber numbers of the information specified in paragraph 48 (10) of these Rules, the recipient operator informs the subscriber that the subscriber number is subject to porting, or about the impossibility of porting the subscriber number due to violation paragraph 48 (26) of these Rules. If it is impossible to transfer the subscriber number, the rights and obligations under the contract between the subscriber and the recipient operator do not arise and the contract is subject to termination.
48 (12). The recipient operator is obliged, no later than 24 hours 00 minutes of the 1st day following the day of the conclusion of the contract providing for the use of the transferred subscriber number, to send the donor operator the information provided for in paragraph 48 (3) of these Rules, a copy of the application for the transfer of the subscriber number, and also information about the conclusion of an agreement between the subscriber and the recipient operator, providing for the use of the ported subscriber number. Sending the specified information, as well as a copy of the application for transferring the subscriber number, is a proper notification of the donor operator about the subscriber's decision to unilaterally refuse to execute and terminate the contract with the donor operator.
The exchange of messages and documents between the recipient operator and the donor operator is carried out through the database of ported subscriber numbers in accordance with the procedure for organizational and technical interaction of mobile radiotelephone operators while ensuring the porting of a subscriber number, approved by the federal executive body in the field of communications.
48 (13). The donor operator no later than 24 hours 00 minutes of the 4th day - for a subscriber - an individual and no later than 24 hours 00 minutes of the 21st day - for a subscriber - a legal entity from the date of receipt of the information specified in paragraph 48 (12) of these Rules , is obliged to send information to the recipient operator:
a) on the existence of an agreement providing for the allocation of a portable subscriber number, concluded between the donor operator and the subscriber;
b) on the belonging of the subscriber number to the numbering resource assigned to the territory of the constituent entity of the Russian Federation, which includes the portable subscriber number;
c) on the absence of suspension of the provision of mobile services to the subscriber in connection with the loss of a SIM card, by a court decision or in connection with non-payment of debt in accordance with paragraph 45 (2) of these Rules for services in relation to the ported subscriber number provided under an agreement with the operator - donor.
48 (14). From the time of receipt of the information specified in clause 48 (12) of these Rules, the donor operator has the right to transfer the subscriber to the advance payment system for mobile services.
48 (15). If there is a subscriber's debt for services in relation to the ported subscriber number, provided under an agreement with the donor operator, formed as of 24 hours 00 minutes of the day following the day of the conclusion of the agreement providing for the use of the ported subscriber number, the donor operator informs the recipient operator of the information on the presence of a debt up to 9:00 a.m. on the 2nd and 4th days - for a subscriber - an individual and on the 2nd and 21st days - for a subscriber - a legal entity from the date of the conclusion of an agreement providing for the use of the transferred subscriber number.
48 (16). The recipient operator informs the subscriber about the need to pay off the debt specified in paragraph 48 (15) of these Rules, and that the transfer of the subscriber number will not be carried out if the subscriber does not repay this debt before 24 hours 00 minutes of the 4th day - for a subscriber - an individual and until midnight on the 21st day - for a subscriber - a legal entity from the date of the conclusion of an agreement providing for the use of the transferred subscriber number. The specified information is sent to the subscriber on the 2nd and 4th days - for the subscriber - an individual and on the 2nd and 21st days - for the subscriber - a legal entity from the date of the conclusion of the contract providing for the use of the transferred subscriber number.
48 (17). The transfer of a subscriber number is carried out subject to the following conditions:
a) the conclusion of an agreement providing for the use of the ported subscriber number between the subscriber and the recipient operator;
b) the subscriber has no debt for the rendered mobile services to the donor operator, formed as of 24 hours 00 minutes of the day following the day of the conclusion of the contract providing for the use of the ported subscriber number, provided that the donor operator sent information in accordance with paragraph 48 (15) of these Rules;
c) receipt by the recipient operator of information on the existence of an agreement providing for the use of the ported subscriber number concluded between the donor operator and the subscriber;
d) receipt by the recipient operator of information about the confirmation of the subscriber number belonging to the numbering resource assigned to the territory of the constituent entity of the Russian Federation, which includes the portable subscriber number;
e) receipt by the recipient operator of information from the donor operator that the provision of mobile services has not been suspended to the subscriber due to the loss of a SIM card, by a court decision or in connection with non-repayment of debt in accordance with paragraph 45 (2) of these Rules for services in relation to the ported subscriber number provided under an agreement with the donor operator.
48 (18). The recipient operator on the 5th day - for a subscriber - an individual and on the 22nd day - for a subscriber - a legal entity from the date of the conclusion of an agreement providing for the use of the transferred subscriber number, is obliged to notify the subscriber of the upcoming transfer of the subscriber number in accordance with the agreement, providing for the use of the transferred subscriber number, or the impossibility of carrying out the transfer of the subscriber number with an indication of the violated conditions provided for in paragraph 48 (17) of these Rules. If it is impossible to transfer the subscriber number, the rights and obligations under the contract between the subscriber and the recipient operator do not arise and the contract is subject to termination.
48 (19). The recipient operator, on the day preceding the date of the start of the provision of services by the recipient operator, informs the subscriber that on the date of the commencement of the provision of services by the recipient operator, in order to receive mobile services, it is necessary to insert into the subscriber device a new SIM card received by the subscriber upon concluding an agreement with by the recipient operator, and that from the date of commencement of the provision of services by the recipient operator, technological interruptions in the provision of services specified in paragraph 48 (20) of these Rules may occur.
48 (20). A technological break in the provision of mobile services to the subscriber using the ported subscriber number from the date of commencement of the provision of services by the recipient operator can be no more than:
a) 30 minutes - to provide outgoing connections over the mobile network and send short text messages;
b) 6 hours - to provide incoming connections over the mobile network from all subscribers of the public communication network and to receive short text messages.
48 (21). If the subscriber number has not been transferred within the specified time period, the recipient operator is obliged to immediately notify the subscriber of the reasons for the violation of the deadlines and the new date for the start of the provision of services by the recipient operator.
48 (22). The agreement concluded between the subscriber and the donor operator terminates from the date of the commencement of the provision of services by the recipient operator.
In the event that several subscriber numbers are allocated under an agreement concluded with the donor operator, such an agreement terminates only in relation to the transferred subscriber number.
48 (23). In the event of violation of the deadline for the commencement of the provision of mobile services using the ported subscriber number for more than 24 hours, information about such violation is sent by the recipient operator to the federal executive body performing the functions of control and supervision in the field of communications.
48 (24). The subscriber no later than 24 hours 00 minutes of the 4th day - for a subscriber - an individual and 24 hours 00 minutes of the 21st day - for a subscriber - a legal entity from the date of the conclusion of an agreement providing for the use of the transferred subscriber number, has the right to refuse to transfer the subscriber number by submission of the relevant application to the recipient operator or to a third party provided for in paragraph 24 of these Rules. If the subscriber refuses to transfer the subscriber number:
a) the donor operator continues to provide the subscriber with mobile services using the subscriber number, which the subscriber refused to transfer;
b) the contract between the subscriber and the recipient operator is terminated.
48 (25). The recipient operator, within 1 day from the date of receipt of the application for refusal to transfer the subscriber number, informs the donor operator and the database operator of the transferred subscriber numbers about the termination of the subscriber number transfer procedure.
48 (26). The subscriber has the right to submit a new application for transferring the subscriber number to another recipient operator not earlier than the day of filing an application for refusing to transfer the subscriber number provided for in clause 48 (24) of these Rules, or after the start of the provision of services by the recipient operator, subject to the expiration of the period specified in clause 45 (2) of these Rules, during which the donor operator has the right to send information about the presence of a subscriber's debt for services rendered under an agreement with the donor operator in relation to the transferred subscriber number, and the subscriber's repayment of such debt.
48 (27). If the transfer of a subscriber number is carried out by a subscriber - a legal entity to whom no more than 5 subscriber numbers have been allocated under an agreement concluded with the donor operator, the transfer of the subscriber number is carried out in the manner prescribed by these Rules for transferring the subscriber number of an individual subscriber. "
11. Supplement with paragraph 54 (1) as follows:
"54 (1). Claims related to the transfer of the subscriber number are sent to the recipient operator. If the transfer of the subscriber number is carried out without an application for the transfer of the subscriber number, the claims are sent to the donor operator."
