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Federal Law No. 394-FZ of December 28, 2010

On the introduction of amendments to certain legislative acts of the Russian Federation in connection with the transfer of powers to exercise certain types of state control to the customs authorities of the Russian Federation

(Adopted by the State Duma on December 22, 2010. Approved by the Federation Council on December 24, 2010)

(Published in "Rossiyskaya Gazeta" No. 296 (5375) dated December 30, 2010 and in the Collection of Legislation of the Russian Federation No. 1 dated January 3, 2011, Article 6. It enters into force one hundred and eighty days after the day of its official publication, see Article 7 of this Law)

Article 1

Paragraph two of paragraph 4.1 of Article 28 of the Law of the Russian Federation of April 1, 1993 No. 4730-1 "On the State Border of the Russian Federation" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 17, Art. 594; Collection of Legislation of the Russian Federation, 1994, No. 16, item 1861; 1996, No. 50, item 5610; 1998, No. 31, item 3805; 2003, No. 27, item 2700; 2004, No. 27, item 2711; 2005, No. 10, article 763; 2007, No. 1, article 29; 2008, No. 29, article 3418) shall be amended as follows: "perform separate actions related to the implementation of other types of control, in accordance with the legislation of the Russian Federation;".

Article 2

Include in the Law of the Russian Federation of May 14, 1993 No. 4979-1 "On Veterinary Medicine" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 24, Art. 857; Collection of Legislation of the Russian Federation, 2004, No. 35, 3607; 2007, No. 1, article 29; Rossiyskaya Gazeta, 2010, December 15) the following changes: 1) the third part of Article 1 after the words "and" shall be supplemented with the words "the federal executive body authorized in the field of customs affairs, And"; 2) Article 14 shall be stated in the following wording:

"Article 14. Protection of the territory of the Russian Federation from the introduction of contagious animal diseases from foreign states

Healthy animals are allowed to be imported into the Russian Federation, as well as products of animal origin obtained from healthy animals, feed, feed additives and medicines for animals from foreign countries free from contagious animal diseases (hereinafter in this article - goods) in compliance with the requirements of the veterinary the legislation of the Russian Federation and the conditions provided for by international treaties of the Russian Federation.

Import into the territory of the Russian Federation of goods (with the exception of goods imported by individuals for personal, family, household and other needs not related to business activities, as well as catches of aquatic biological resources obtained (caught) in the course of fishing, and fish produced from them) and other products) is carried out at specially equipped and designed for these purposes checkpoints across the State Border of the Russian Federation (hereinafter referred to as specialized checkpoints). The list of specialized checkpoints is determined in accordance with the procedure established by the Government of the Russian Federation.

In order to implement measures to prevent the introduction of contagious animal diseases from foreign states at specialized checkpoints, the federal executive body in the field of veterinary supervision and the federal executive body in the field of defense organize border veterinary control points.

When exercising state veterinary supervision at specialized checkpoints, customs officials check the documents submitted by the carrier or a person acting on his behalf upon the arrival of goods on the territory of the Russian Federation.

Based on the results of checking documents at specialized checkpoints, officials of the customs authorities 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 of customs transit, or to immediately export them from the territory of the Russian Federation, or to send them to a specially equipped and equipped places (border veterinary checkpoints) at specialized checkpoints for inspection of goods by officials of the federal executive body in the field of veterinary supervision.

The procedure for exercising state veterinary supervision at checkpoints across the State Border of the Russian Federation (including the procedure for adoption by customs authorities of decisions based on the results of checking documents at specialized checkpoints and the procedure for determining types of goods in accordance with the unified Commodity Nomenclature for Foreign Economic Activity of the Customs Union and cases when inspection of goods) is determined by the Government of the Russian Federation.";

3) Article 22 shall be stated in the following wording:

"Article 22

The federal executive body in the field of veterinary supervision, the federal executive body in charge of supervision in the field of consumer rights protection and human welfare and the federal executive body authorized in the field of customs shall interact within their competence on issues of protecting the population from diseases common to human and animal, and food poisoning.".

Article 3

Include in Article 11 of the Federal Law of July 24, 1998 No. 127-FZ "On state control over the implementation of international road transport and on liability for violating the procedure for their implementation" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 1998, No. 31, Art. 3805; 2007, No. 1, article 29) the following changes:

1) the first paragraph of paragraph 1 shall be stated as follows:

"1. State control over compliance with the procedure for the implementation of international road transport is assigned to authorized regulatory bodies: on the territory of the Russian Federation (with the exception of checkpoints across the State Border of the Russian Federation) - to the federal executive body exercising control and supervision functions in the field of transport, and its territorial bodies (hereinafter - the bodies of transport control and supervision), and at checkpoints across the State Border of the Russian Federation - to the customs authorities.

2) the first paragraph of paragraph 2 shall be stated as follows:

"2. Officials of the bodies of transport control and supervision carry out transport control on the territory of the Russian Federation at stationary and mobile checkpoints specially marked with road signs, the list of which is agreed by the bodies of transport control and supervision with the relevant executive authorities in the field of road facilities and bodies of internal affairs. ";

3) clause 3 shall be stated as follows: "

3. Departure from the territory of the Russian Federation of a vehicle on which a violation provided for by this Federal Law has been committed is carried out with the permission of the customs authority after the driver presents a document confirming the payment of an administrative fine, if the complaint or protest against the decision to impose an administrative penalty was not satisfied. ;

4) clause 4 shall be supplemented with a paragraph as follows:

"If it is impossible to eliminate the specified violation within three hours from the moment the vehicle arrives at the checkpoint across the State Border of the Russian Federation by a foreign carrier or a person acting on its behalf, measures are taken to leave the vehicle from the territory of the Russian Federation.".

Article 4

Include in the Federal Law of March 30, 1999 No. 52-FZ "On the sanitary and epidemiological well-being of the population" (Collected Legislation of the Russian Federation, 1999, No. 14, Art. 1650; 2003, No. 2, Art. 167; No. 27, Art. 2700; 2004, No. 35, item 3607; 2005, No. 19, item 1752; 2007, No. 1, item 29; No. 49, item 6070; 2008, No. 29, item 3418; 2009, No. 1, article 17) the following changes:

1) in Article 30:

a) point 1 after the words "State border of the Russian Federation" shall be supplemented with the words "(hereinafter referred to as specialized checkpoints)";

b) in paragraph 2 the words "authorized to exercise state sanitary and epidemiological supervision" shall be replaced by the words "carrying out the functions of control and supervision in the field of ensuring the sanitary and epidemiological welfare of the population";

c) clause 4 shall be stated in the following wording:

"4. Sanitary and quarantine control at checkpoints across the State Border of the Russian Federation is carried out by the federal executive body exercising the functions of control and supervision in the field of ensuring the sanitary and epidemiological welfare of the population, as well as by customs authorities in terms of checking documents at specialized checkpoints.

When exercising sanitary and quarantine control at specialized checkpoints, officials of the customs authorities check the documents submitted by the carrier or a person acting on his behalf upon the arrival of goods and cargo on the territory of the Russian Federation.

Based on the results of verification of documents by officials of the customs authorities, a decision is made on the importation of goods and cargo into the territory of the Russian Federation for the purpose of their further transportation in accordance with the customs procedure for customs transit, or on their immediate export from the territory of the Russian Federation, or on their direction to specially equipped and equipped places at specialized checkpoints for the inspection of goods and cargo by officials of the federal executive body exercising the functions of control and supervision in the field of ensuring the sanitary and epidemiological welfare of the population.

The procedure for exercising sanitary and quarantine control at checkpoints across the State Border of the Russian Federation (including the procedure for making decisions by the customs authorities based on the results of checking documents at specialized checkpoints and the procedure for determining types of goods in accordance with the unified Commodity Nomenclature for Foreign Economic Activity of the Customs Union and cases when inspection of goods and cargo is carried out) is determined by the Government of the Russian Federation.";

2) in the second paragraph of clause 3 of Article 33 the words "authorized to exercise state sanitary and epidemiological supervision" shall be replaced by the words "carrying out the functions of control and supervision in the field of ensuring the sanitary and epidemiological welfare of the population";

3) in paragraph 6 of Article 34 the words "authorized to exercise state sanitary and epidemiological supervision" shall be replaced by the words "carrying out the functions of control and supervision in the field of ensuring the sanitary and epidemiological welfare of the population";

4) in paragraph 1 of Article 38 the words "authorized to exercise sanitary and epidemiological supervision" shall be replaced by the words "carrying out the functions of control and supervision in the field of ensuring the sanitary and epidemiological welfare of the population";

5) in paragraph 1 of Article 39 the words "authorized to exercise state sanitary and epidemiological supervision" shall be replaced by the words "carrying out the functions of control and supervision in the field of ensuring the sanitary and epidemiological welfare of the population,";

6) in paragraph 3 of Article 42 the words "authorized to exercise state sanitary and epidemiological supervision" shall be replaced by the words "carrying out the functions of control and supervision in the field of ensuring the sanitary and epidemiological welfare of the population";

7) in Article 46:

a) in paragraph 2 of clause 2 the words "authorized to exercise state sanitary and epidemiological supervision in the Russian Federation" shall be replaced by the words "carrying out the functions of control and supervision in the field of ensuring the sanitary and epidemiological welfare of the population";

b) in paragraph 3 the words "authorized to exercise state sanitary and epidemiological supervision in the Russian Federation" shall be replaced by the words "carrying out the functions of control and supervision in the field of ensuring the sanitary and epidemiological welfare of the population";

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

8) in the second paragraph of clause 3 of Article 51 the words "authorized to exercise state sanitary and epidemiological supervision" shall be replaced by the words "carrying out the functions of control and supervision in the field of ensuring the sanitary and epidemiological welfare of the population".

Article 5

Include in the Federal Law of January 2, 2000 No. 29-FZ "On the Quality and Safety of Food Products" (Collected Legislation of the Russian Federation, 2000, No. 2, Art. 150; 2003, No. 27, Art. 2700; 2004, No. 35, 3607; 2006, No. 14, Article 1458; 2007, No. 1, Article 29; 2008, No. 30, Article 3616) the following changes:

1) in paragraph 2 of Article 5 the words "in the field of state sanitary and epidemiological supervision" shall be replaced by the words "carrying out the functions of control and supervision in the field of ensuring the sanitary and epidemiological welfare of the population";

2) in paragraph 3 of Article 9 the words "in the field of state sanitary and epidemiological supervision" shall be replaced by the words "carrying out the functions of control and supervision in the field of ensuring the sanitary and epidemiological welfare of the population,";

3) in paragraph 3 of Article 10 the words "in the field of state sanitary and epidemiological supervision" shall be replaced by the words "carrying out the functions of control and supervision in the field of ensuring the sanitary and epidemiological welfare of the population,";

4) in Article 13:

a) in paragraph 1:

in the first paragraph, the words "in the field of state sanitary and epidemiological supervision of the Russian Federation" shall be replaced by the words "carrying out the functions of control and supervision in the field of ensuring the sanitary and epidemiological welfare of the population", after the words "the products of its processing," shall be supplemented with the words "the federal executive body authorized in the field of customs,";

Paragraph two shall be amended as follows:

"State supervision and control of food products, materials and products imported into the territory of the Russian Federation (with the exception of food products, materials and products imported by individuals for personal, family, household and other needs not related to business activities, as well as catches of aquatic biological resources extracted (caught) in the course of fishing, and fish and other products made from them) are carried out at specially equipped and designed for these purposes checkpoints across the State Border of the Russian Federation (hereinafter referred to as specialized checkpoints). The list of specialized checkpoints is determined in the manner established by the Government of the Russian Federation.";

b) add paragraph 4 with the following content:

"4. The federal executive body authorized in the field of customs affairs exercises state supervision and control in the field of ensuring the quality and safety of food products, materials and products in terms of checking documents at specialized checkpoints.

When exercising state supervision and control in the field of ensuring the quality and safety of food products, materials and products at specialized checkpoints, customs officials check documents submitted by the carrier or a person acting on his behalf upon arrival of food products, materials and products to the territory Russian Federation.

Based on the results of verification of documents by officials of the customs authorities, a decision is made on the import of food products, materials and products into the territory of the Russian Federation for the purpose of their further transportation in accordance with the customs procedure of customs transit, or on their immediate export from the territory of the Russian Federation, or on their direction to specially equipped and equipped places at specialized checkpoints for inspection of food products, materials and products by officials of the federal executive body exercising the functions of control and supervision in the field of ensuring the sanitary and epidemiological welfare of the population.

The procedure for exercising state supervision and control in the field of ensuring the quality and safety of food products, materials and products at checkpoints across the State Border of the Russian Federation (including the procedure for making decisions by customs authorities based on the results of checking documents at specialized checkpoints and the procedure for determining the types of goods in accordance with a unified Commodity Nomenclature for Foreign Economic Activity of the Customs Union and cases when goods are inspected) is determined by the Government of the Russian Federation.";

5) in paragraph 2 of Article 20 the words "on state sanitary and epidemiological supervision" shall be replaced by the words "carrying out the functions of control and supervision in the field of ensuring the sanitary and epidemiological welfare of the population".

Article 6

Include in the Federal Law of July 15, 2000 No. 99-FZ "On Plant Quarantine" (Collected Legislation of the Russian Federation, 2000, No. 29, Art. 3008; 2004, No. 35, Art. 3607; 2007, No. 1, Art. 29 ) the following changes:

1) article 7 shall be stated in the following wording:

"Article 7. State Quarantine Phytosanitary Control State quarantine phytosanitary control on the territory of the Russian Federation shall be carried out by the federal executive body for plant quarantine.

State quarantine phytosanitary control at checkpoints across the State Border of the Russian Federation is carried out by the federal executive body for ensuring plant quarantine, as well as by customs authorities in terms of checking documents.

2) in Article 9:

a) part three shall be stated in the following wording:

"The importation into the territory of the Russian Federation of regulated products (quarantine material, regulated cargo), with the exception of those imported by individuals for personal, family, household and other needs not related to business activities, is carried out at specially equipped and designated for these purposes checkpoints through the State the border of the Russian Federation (hereinafter referred to as specialized checkpoints), in which border checkpoints for plant quarantine are organized in accordance with the requirements of the rules and norms for ensuring plant quarantine. The list of specialized checkpoints is determined in the manner established by the Government of the Russian Federation. ";

b) in part four the words "including inspection" shall be deleted;

c) in part five, the words "including inspection," shall be deleted;

d) part six shall be supplemented with the words "and also by the customs authorities";

e) add new parts seven - ninth of the following content:

"When exercising state quarantine phytosanitary control at specialized checkpoints, customs officials check the documents submitted by the carrier or a person acting on his behalf upon the arrival of quarantine products (quarantine material, quarantine cargo) on the territory of the Russian Federation.

Based on the results of verification of documents by officials of the customs authorities, a decision is made on the import of regulated products (quarantine material, regulated cargo) into the territory of the Russian Federation for the purpose of its further transportation in accordance with the customs procedure of customs transit, or on its immediate export from the territory of the Russian Federation, or on its direction to specially equipped and equipped places (border points of plant quarantine) at specialized checkpoints for inspection of regulated products (material under quarantine, regulated cargo) by officials of the federal executive body for ensuring plant quarantine.

The procedure for exercising state quarantine phytosanitary control at checkpoints across the State Border of the Russian Federation (including the procedure for adoption by customs authorities of decisions based on the results of checking documents at specialized checkpoints and the procedure for determining the types of quarantine products (quarantine material, quarantine cargo) in accordance with the unified Commodity Nomenclature foreign economic activity of the Customs Union and cases when inspection of quarantineable products (quarantineable material, quarantineable cargo) is carried out is determined by the Government of the Russian Federation.

f) Parts seven - nine should be considered parts ten - twelfth, respectively;

3) in Article 13 the words "of the federal executive body for ensuring plant quarantine" shall be replaced by the words "of the federal executive bodies authorized to exercise state quarantine phytosanitary control in the manner established by the Government of the Russian Federation".

Article 7

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

President of the Russian Federation D.Medvedev