12 may 2010

On May 12, 2010, Deputy Prime Minister and Head of the Government Executive Office Sergei Sobyanin chaired a meeting of the Government Commission on Administrative Reform

Participants:

One of the key issues on the agenda of the May 12 meeting was consideration of the draft government decree to improve monitoring and oversight functions in the construction industry, and to streamline delivery of public services in the industry. The decree had been prepared in accordance with Prime Minister Vladimir Putin's directive of March 15, 2010.

The implementation of government measures in this area will simplify the requirements for territorial planning documents and streamline the procedure for the allocation of land for construction; eliminate administrative barriers in issuing construction permits and conducting government review of project documentation and engineering survey results.

Specifically, the time period for government review of project documentation and engineering survey results (with the exception of residential developments) will be reduced to up to 60 days with the option for the customer to redress the comments as work proceeds.

The criteria for inclusion of capital construction projects in the category of high-risk, technically complex and unique facilities will be clarified. Independent review organisations, in cases prescribed by law, will be entitled to review project documentation and engineering survey results for especially dangerous and technically complex projects.

Developers will have the opportunity to implement certain types of preparatory works prior to the issuance of construction permits, provided they have the rights to the land. In addition, administrative responsibility will be established for an unjustified refusal to issue building permits and commissioning permits, for the violation of the procedure and deadlines for issuing such permits, as well as for requiring documents and requesting authorisations which are not prescribed by the Urban Development Code of the Russian Federation.

It is also planned to create appropriate conditions for the prevention and elimination of abuses by municipal utilities and electric companies of their dominant market position when connecting the newly-built or renovated capital construction facilities to the networks of engineering and technical support and to power grids.

During the meeting, the Finance Ministry reported on the implementation of the Action Plan to improve the legal status of the state (municipal) institutions, approved by Government Decree No.296-r of March 5, 2010.

Under the Action Plan, the Ministries of Finance and Economic Development have prepared three of the five new draft government decrees; work is in progress to prepare amendments to the active government decrees and develop departmental regulatory legal acts. These issues will be discussed at a series of meetings and roundtables attended by representatives of federal executive bodies and government agencies of the constituent entities of the Russian Federation.

Simultaneously, the Commission is overseeing the informational and methodological support for the implementation of the Federal Law On Introducing Amendments to Certain Legislative Acts of the Russian Federation to Improve the Legal Status of State (Municipal) Institutions in Russian regions. The law provides for the adjustment of the relevant departmental plans and the establishment of a mechanism for an ongoing monitoring of the implementation of the federal law.

At the meeting, the Commission also discussed issues related to the road transport of oversized and heavy cargoes in the Russian Federation.

Currently, transport vehicles operated in Russia must comply with the following requirements: the total weight of the vehicle must not exceed 38 metric tonnes, the maximum axle load is 10 metric tonnes and the maximum height is 4 metres. If at least one of the parameters is exceeded, the vehicle must have a special permit. Over 166,000 special permits per year are issued for international and interregional shipments, and the federal budget revenue from the permits totals 243.6 million roubles.

The Commission has reviewed and largely approved the draft government decree simplifying the issue of special permits for international truck shipments of oversized and heavy cargoes. The optimisation of the issue of special permits will allow the government to follow on with reviewing transport control and streamlining the government regulation in this area.

The meeting participants also discussed the draft federal law On Amending Certain Legislative Acts of the Russian Federation in Connection with the Transfer of Authority for Certain Types of State Control to Customs Authorities of the Russian Federation. The draft law is aimed at reducing the number of state supervisory bodies at checkpoints, while maintaining any and all types of state control as stipulated by the law.

Specifically, in the area of phytosanitary, veterinary, and quarantine control, the draft bill provides for the transfer to the customs authorities of the functions to check documents upon the arrival of goods and vehicles at the point of entry into the customs territory of the Russian Federation, and to decide whether to allow their passage into the customs territory or to send them to specially equipped areas for inspection.

The control procedure prescribed by the draft law will not apply to the goods transported by individuals for personal, family, household and other needs which are not related to business activity.

The Commission also considered the implementation of Federal Law No. 294-FZ of December 26, 2008, On Protection of Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control. The major focus of this work is to improve the activities of the government agencies in Russian regions and local government bodies.

The meeting held on May 12 reviewed and largely approved the draft government decree prepared by the Ministry of Economic Development. The draft decree approves the new Rules for the Preparation of Planned Annual Inspections by the Bodies of State and Municipal Control (Supervision).

The new rules establish a standardised procedure for the preparation and approval of such plans, the preparation of master plans, their submittal for consideration to the Prosecutor's Office with subsequent preparation by the Prosecutor's Office of a master plan of scheduled audits throughout the Russian Federation, as well as the procedure for informing the public on such audits.