Federal law of the Russian Federation of July 27, 2010 N 210-FZ "About the organization of providing state services"
Federal law of the Russian Federation of July 27, 2010 N 210-FZ "About the organization of providing the public and municipal services"
It is published on July 30, 2010. Becomes effective on July 30, 2010.
It is accepted by the State Duma on July 7, 2010
It is approved by the Federation Council on July 14, 2010Chapter 1. General provisions
Article 1. Scope of this Federal law
1. This Federal law governs the relations arising in connection with providing the public and municipal services respectively by federal executive authorities, bodies of state non-budgetary funds, executive bodies of the government of territorial subjects of the Russian Federation and also the local administrations and other local government authorities performing executive powers (further - local government authorities).
2. Operation of this Federal law extends also to organization activity, participating in providing 1 this article of the public and municipal services provided by a part.
3. The services provided by the public and municipal authorities and other organizations in which the state task (order) or a municipal task (order) is placed are subject to inclusion in the register of the public or municipal services and are provided electronically according to this Federal law if the specified services are included in the list set by the Government of the Russian Federation. The supreme executive body of the government of the territorial subject of the Russian Federation has the right to approve the additional list of the services rendered in the territorial subject of the Russian Federation by the public and municipal authorities and other organizations in which the state task (order) of the territorial subject of the Russian Federation or a municipal task (order), the public or municipal services which are subject to inclusion in the register and provided electronically according to this Federal law is placed.
Article 2. The basic concepts used in this Federal law
For the purposes of this Federal law the following basic concepts are used:
1) the public service provided by federal executive authority, body of state non-budgetary fund, executive body of the government of the territorial subject of the Russian Federation and also local government authority at implementation of the separate state powers delegated by federal laws and laws of territorial subjects of the Russian Federation (further - public service), - a sales activity of functions according to federal executive authority, state non-budgetary fund, executive body of the government of the territorial subject of the Russian Federation and also local government authority at implementation of the separate state powers delegated by federal laws and laws of territorial subjects of the Russian Federation (further - the bodies providing public services) which is performed on requests of applicants in the limits set by regulatory legal acts of the Russian Federation and regulatory legal acts of territorial subjects of the Russian Federation of powers of the bodies providing public services;
2) the municipal service provided by local government authority (further - municipal service), - a sales activity of functions of local government authority (further - the body providing municipal services) which is performed on requests of applicants within powers of the body providing municipal services, for problem solving of local value, established according to N 131-FZ, Federal by the law from October 6, 2003, "About the general principles of the organization of local government in the Russian Federation" and charters of municipal entities;
3) the applicant - physical person or legal entity (except for state bodies and their territorial authorities, bodies of state non-budgetary funds and their territorial authorities, local government authorities) or their authorized representatives who addressed to the body providing public services or to the body providing municipal services or to the organizations specified in Parts 2 and 3 of Article 1 of this Federal law or to the organizations specified in point 5 of this article with the request for providing the public or municipal service expressed in an oral, written or electronic form;
4) administrative regulations - the regulatory legal act setting an order of providing the public or municipal service and the standard of providing the public or municipal service;
5) the multifunction center of providing the public and municipal services (further - the multifunction center) - the Russian organization irrespective of a form of business meeting the requirements established this Federal by the law, and authorized for the organization of providing the public and municipal services including electronically, by the principle of "one window";
6) providing the public and municipal services electronically - providing the public and municipal services using information telecommunication technologies, including using the portal of the public and municipal services, the multifunction centers, the universal electronic card and other means, including implementation within such providing electronic interaction between state bodies, local government authorities, the organizations and applicants;
7) the portal of the public and municipal services - the state information system providing providing the public and municipal services electronically and also access for applicants to the data on the public and municipal services intended for distribution using the Internet and placed in the state and municipal information systems providing maintaining registers of the public and municipal services.
Article 3. Normative legal regulation of the relations arising in connection with providing the public and municipal services
Normative legal regulation of the relations arising in connection with providing the public and municipal services is performed according to this Federal law, other federal laws adopted according to them other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of territorial subjects of the Russian Federation, municipal legal acts.
Article 4. Basic principles of providing public and municipal services
The basic principles of providing the public and municipal services are:
1) legitimacy of providing the public and municipal services by the bodies providing public services and the bodies providing municipal services and also provision of services which are necessary and obligatory for providing the public and municipal services and are provided by the organizations specified in Part 2 of Article 1 of this Federal law;
2) declarative order of the request for providing the public and municipal services;
3) legitimacy of collection from applicants of the state fee for providing the public and municipal services, payments for providing the public and municipal services, payments for provision of services which are necessary and obligatory for providing the public and municipal services and are provided by the organizations specified in Part 2 of Article 1 of this Federal law;
4) openness of activity of the bodies providing public services and the bodies providing municipal services and also the organizations participating in providing the public and municipal services provided by Part 1 of Article 1 of this Federal law;
5) availability of the request for providing the public and municipal services and providing the public and municipal services, including for persons with limited opportunities of health;
6) a possibility of receiving the public and municipal services electronically if it is not prohibited by the law and also in other forms, stipulated by the legislation the Russian Federation, at the choice of the applicant.
Article 5. The rights of applicants when receiving the public and municipal services
When receiving the public and municipal services applicants have the right on:
1) receiving the public or municipal service timely and according to the standard of providing the public or municipal service;
2) obtaining complete, up-to-date and reliable information about an order of providing the public and municipal services, including electronically;
3) receiving the public and municipal services electronically if it is not prohibited by the law and also in other forms, stipulated by the legislation the Russian Federation, at the choice of the applicant;
4) pre-judicial (extrajudicial) consideration of complaints (claims) in the course of receiving the public and municipal services;
5) receiving the public and municipal services in the multifunction center according to the agreements signed between the multifunction center and bodies providing public services and the agreements signed between the multifunction center and bodies providing municipal services (further - agreements on interaction), from coming into force of the relevant agreement on interaction.
Article 6. Obligations of the bodies providing public services and the bodies providing municipal services
The bodies providing public services, and the bodies providing municipal services are obliged:
1) provide the public or municipal services according to administrative regulations;
2) provide a possibility of receiving the public or municipal service by the applicant electronically if it is not prohibited by the law and also in other forms, stipulated by the legislation the Russian Federation, at the choice of the applicant;
3) provide the documents and information necessary for providing the public and municipal services in other state bodies, local government authorities, the organizations and also to receive such documents and information from other state bodies, local government authorities, the organizations;
4) fulfill other duties according to requirements of this Federal law, the administrative regulations and other regulatory legal acts governing the relations arising in connection with providing the public and municipal services.
Chapter 2. General requirements to providing the public and municipal services
Article 7. Requirements to interaction with the applicant when providing the public and municipal services
The bodies providing public services, and the bodies providing the municipal services having no right to demand from the applicant:
1) providing documents and information or implementation of actions, providing or implementation of which is not provided by the regulatory legal acts governing the relations arising in connection with providing the public or municipal service;
2) providing documents and information which are at the disposal of the bodies providing public services and the bodies providing municipal services, other state bodies, local government authorities, the organizations according to regulatory legal acts of the Russian Federation, regulatory legal acts of territorial subjects of the Russian Federation, municipal legal acts;
3) implementation of actions, including the approvals necessary for receiving the public and municipal services and connected with the appeal to other state bodies, local government authorities, the organizations, except for receiving the services included in the lists specified in Part 1 of Article 9 of this Federal law.
Article 8. Requirements to collection from the applicant of a payment for providing the public and municipal services
1. The public and municipal services are provided to applicants on a free basis, except as specified, provided by Parts 2 and 3 of this article.
2. The state fee is collected for providing the public and municipal services in the cases, an order and the sizes set by the legislation of the Russian Federation on taxes and fees.
3. In the cases provided by the federal laws adopted according to them other regulatory legal acts of the Russian Federation, regulatory legal acts of territorial subjects of the Russian Federation, municipal legal acts, the public and municipal services are rendered at the expense of means of the applicant until recognition of the federal laws adopted according to them other regulatory legal acts of the Russian Federation, regulatory legal acts of territorial subjects of the Russian Federation, municipal legal acts according to which the public and municipal services are rendered at the expense of means of the applicant which became invalid for provisions.
Article 9. Requirements to collection from the applicant of a payment for rendering services which are necessary and obligatory for providing the public and municipal services
1. The list of services which are necessary and obligatory for providing the public and municipal services and are provided by the organizations participating in providing the public and municipal services provided by Part 1 of Article 1 of this Federal law, affirms:
1) the order of the Government of the Russian Federation - concerning the services rendered for the purpose of providing public services by federal executive authorities;
2) a regulatory legal act of the territorial subject of the Russian Federation - concerning the services rendered for the purpose of providing the government of the territorial subject of the Russian Federation of public services by executive bodies;
3) a regulatory legal act of representative body of local government - concerning the services rendered for the purpose of providing municipal services by local government authorities.
2. In the cases provided by the federal laws adopted according to them other regulatory legal acts of the Russian Federation, regulatory legal acts of territorial subjects of the Russian Federation, municipal legal acts, the services specified in a part of 1 this article appear at the expense of means of the applicant.
3. The amount of a payment for rendering services which are by federal executive authorities, necessary and obligatory for providing public services, is established by federal executive authorities in the order set by the Government of the Russian Federation. The order of determination of the amount of a payment for rendering services which are by executive bodies of the government of territorial subjects of the Russian Federation of public services, providing municipal services by local government authorities, necessary and obligatory for providing, is established by a regulatory legal act according to the supreme executive body of the government of the territorial subject of the Russian Federation, representative body of local government.
4. Lists of services which are necessary and obligatory for providing the public and municipal services are posted on the official sites of the bodies providing public services and the bodies providing municipal services on the websites of the organizations participating in providing the public and municipal services provided by Part 1 of Article 1 of this Federal law and also on the Internet on the uniform portal of the public and municipal services.
5. When providing the public and municipal services it is forbidden to demand from the applicant of the request for rendering the services which are not included in the lists of services specified in a part of 1 this article and also providing the documents issued based on rendering such services.
Article 10. Requirements to the organization of providing the public and municipal services electronically
By providing the public and municipal services are electronically performed:
1) providing in accordance with the established procedure information to applicants and ensuring access of applicants to data on the public and municipal services;
2) giving by the applicant of a request and other documents necessary for providing the public or municipal service, and acceptance of such request and documents using the uniform portal of the public and municipal services;
3) obtaining by the applicant data on the course of accomplishment of a request for providing the public or municipal service;
4) interaction of the bodies providing public services, the bodies providing municipal services, other state bodies, local government authorities, the organizations participating in providing the public and municipal services provided by Part 1 of Article 1 of this Federal law;
5) obtaining result of providing the public or municipal service by the applicant if other is not established federal by the law;
6) other actions necessary for providing the public or municipal service.
Article 11. Registers of public services and registers of municipal services
1. The public and municipal services are subject to inclusion respectively in registers of public services and registers of municipal services.
2. The federal register of public services contains data:
1) about the public services provided by federal executive authorities and also bodies of state non-budgetary funds;
2) about services which are federal executive authorities and also bodies of state non-budgetary funds of public services, necessary and obligatory for providing, and are included in the list approved according to point 1 of Part 1 of Article 9 of this Federal law;
3) about the services specified in Part 3 of Article 1 of this Federal law and rendered by federal state institutions and other organizations in which the state task (order) performed (executed) at the expense of means of the federal budget is placed;
4) other data according to the list set by the Government of the Russian Federation.
3. Formation and maintaining the federal register of public services are performed in the order set by the Government of the Russian Federation.
4. The register of public services of the territorial subject of the Russian Federation contains data:
1) about the public services provided by executive bodies of the government of the territorial subject of the Russian Federation;
2) about services which are by executive bodies, necessary and obligatory for providing the government of the territorial subject of the Russian Federation of public services, and are included in the list approved according to point 2 of Part 1 of Article 9 of this Federal law;
3) about the services specified in Part 3 of Article 1 of this Federal law and rendered by public institutions of the territorial subject of the Russian Federation and other organizations in which the state task (order) performed (executed) at the expense of budget funds of the territorial subject of the Russian Federation is placed;
4) other data which structure is established by the supreme executive body of the government of the territorial subject of the Russian Federation.
5. Formation and maintaining the register of public services of the territorial subject of the Russian Federation are performed in the order set by the supreme executive body of the government of the territorial subject of the Russian Federation.
6. The register of municipal services contains data:
1) about the municipal services provided by local government authorities in the respective municipal entity;
2) about services which are necessary and obligatory for providing municipal services and are included in the list approved according to point 3 of Part 1 of Article 9 of this Federal law;
3) about the services specified in Part 3 of Article 1 of this Federal law and rendered by municipal authorities and other organizations in which the municipal task (order) performed (executed) at the expense of means of the local budget is placed;
4) other data which structure is established by local administration.
7. Formation and maintaining the register of municipal services are performed in the order set by local administration.
Chapter 3. Administrative regulations
Article 12. Requirements to structure of administrative regulations
1. Providing the public and municipal services is performed according to administrative regulations.
2. The structure of administrative regulations should contain the sections setting:
1) general provisions;
2) standard of providing public or municipal service;
3) structure, sequence and terms of accomplishment of administrative procedures, requirements to an order of their accomplishment, including feature of accomplishment of administrative procedures electronically;
4) forms of control of execution of administrative regulations;
5) a pre-judicial (extrajudicial) order of the appeal of solutions and actions (failure to act) of the body providing public service, the body providing municipal service and also officials, the public or municipal servants.
Article 13. General requirements to project development of administrative regulations
1. Project development of administrative regulations is performed by the body providing public service, or the body providing municipal service (further in this article - the body which is the developer of administrative regulations).
2. The draft of administrative regulations is subject to placement on the Internet on the official site of the body which is the developer of administrative regulations.
3. In case of lack of the official site of public authority of the territorial subject of the Russian Federation which is the developer of administrative regulations, the draft of administrative regulations is subject to placement on the Internet on the official site of the territorial subject of the Russian Federation.
4. In case of lack of the official site of the local government authority which is the developer of administrative regulations, the draft of administrative regulations is subject to placement on the Internet on the official site of the municipal entity, and in case of lack of the official site of the municipal entity - on the official site of the territorial subject of the Russian Federation.
5. From the date of placement on the Internet on the corresponding official site the draft of administrative regulations should be available to interested persons to acquaintance.
6. Drafts of administrative regulations are subject to the independent examination and expertize which is carried out by authorized body of the government or authorized body of local government.
7. A subject of independent examination of the draft of administrative regulations (further - independent examination) is assessment of possible positive effect and also possible negative effects of implementation of provisions of the draft of administrative regulations for citizens and the organizations.
8. Independent examination can be carried out by physical persons and legal entities in an initiative order at the expense of own means. Independent examination cannot be carried out by the physical persons and legal entities which were taking part in project development of administrative regulations and also the organizations which are under authority of the body which is the developer of administrative regulations.
9. The term allotted for conducting independent examination is specified at placement of the draft of administrative regulations on the Internet on the corresponding official site. This term cannot be less than one month from the date of placement of the draft of administrative regulations on the Internet on the corresponding official site.
10. Based on independent examination the conclusion which is sent to the body which is the developer of administrative regulations is formed. The body which is the developer of administrative regulations is obliged to consider all arrived conclusions of independent examination and to make the decision on results of each such examination.
11. Not receipt of the conclusion of independent examination in the body which is the developer of administrative regulations, in time, taken away for conducting independent examination is not an obstacle for conducting the examination specified in Part 12 of this article, and the subsequent approval of administrative regulations.
12. A subject of the expertize of drafts of administrative regulations which is carried out by authorized bodies of the government or authorized bodies of local government is conformity assessment of drafts of administrative regulations to requirements imposed to them by this Federal law and other regulatory legal acts accepted according to it and also assessment of accounting of results of independent examination in drafts of administrative regulations.
13. Examination of drafts of the administrative regulations developed by federal executive authorities and also bodies of state non-budgetary funds of the Russian Federation is carried out by the federal executive authority authorized by the Government of the Russian Federation in the order set by the Government of the Russian Federation. Examination of drafts of the administrative regulations developed by executive authorities of territorial subjects of the Russian Federation and drafts of the administrative regulations developed by local government authorities is carried out in the cases and an order set respectively by regulatory legal acts of territorial subjects of the Russian Federation and municipal legal acts.
14. The order of development and the approval of administrative regulations by executive bodies of the government of the territorial subject of the Russian Federation is established by the supreme executive body of the government of the territorial subject of the Russian Federation.
15. The order of development and the approval of administrative regulations of providing municipal services is established by local administration.
Article 14. Requirements to the standard of providing the public or municipal service
The standard of providing the public or municipal service provides:
1) name of the public or municipal service;
2) the name of the body providing public service or the body providing municipal service;
3) result of providing public or municipal service;
4) term of providing public or municipal service;
5) a legal basis for providing the public or municipal service;
6) the exhaustive list of the documents necessary according to legislative or other regulatory legal acts for providing the public or municipal service;
7) the exhaustive list of the bases for failure in documents acceptance, necessary for providing the public or municipal service;
8) the exhaustive list of the bases for failure in providing the public or municipal service;
9) the amount of the payment levied from the applicant when providing the public or municipal service and methods of its collection in the cases provided by the federal laws adopted according to them other regulatory legal acts of the Russian Federation, regulatory legal acts of territorial subjects of the Russian Federation, municipal legal acts;
10) the maximum term of waiting in queue when giving a request for providing the public or municipal service and when obtaining result of providing the public or municipal service;
11) term of registration of a request of the applicant for providing the public or municipal service;
12) requirements to premises in which the public and municipal services, to the waiting room, places for filling of requests for providing the public or municipal service are provided, to information stands with models of their filling and the list of the documents necessary for providing each public or municipal service;
13) indicators of availability and quality of the public and municipal services;
14) other requirements including considering features of providing the public and municipal services in the multifunction centers and feature of providing the public and municipal services electronically.
Chapter 4. The organization of providing the public and municipal services in the multifunction centers
Article 15. Features of the organization of providing the public and municipal services in the multifunction centers
1. Providing the public and municipal services in the multifunction centers is performed according to this Federal law, other regulatory legal acts of the Russian Federation, regulatory legal acts of territorial subjects of the Russian Federation, municipal legal acts by the principle of "one window" according to which providing the public or municipal service is performed after the single address of the applicant with the corresponding request, and interaction with the bodies providing public services, or the bodies providing municipal services is performed by the multifunction center without participation of the applicant according to regulatory legal acts and the agreement on interaction.
2. Requirements to the conclusion of agreements on interaction between the multifunction centers and federal executive authorities, bodies of state non-budgetary funds, public authorities of territorial subjects of the Russian Federation, local government authorities are established by the Government of the Russian Federation.
3. In the cases provided by regulatory legal acts of the Russian Federation or regulatory legal acts of territorial subjects of the Russian Federation, providing the public and municipal services in the multifunction centers can be performed exclusively electronically.
4. Methodical ensuring activity of the multifunction centers (including development of methodical recommendations about creation of such centers and to ensuring their activity, standard regulations of the multifunction center, forms of the reporting and an order of its representation) and monitoring of activity of the multifunction centers are performed by the federal executive authority authorized by the Government of the Russian Federation.
Article 16. Functions, rights and obligations of the multifunction center
1. The multifunction centers according to agreements on interaction perform:
1) acceptance of requests of applicants for providing the public or municipal services;
2) representation of interests of applicants in interaction with the bodies providing public services and the bodies providing municipal services and also with the organizations participating in providing the public and municipal services provided by Part 1 of Article 1 of this Federal law;
3) representation of interests of the bodies providing public services and the bodies providing municipal services in interaction with applicants;
4) informing applicants on an order of providing the public and municipal services in the multifunction centers, about the course of accomplishment of requests for providing the public and municipal services and also on other questions connected with providing the public and municipal services;
5) interaction with state bodies and local government authorities concerning providing the public and municipal services and also with the organizations participating in providing the public and municipal services provided by Part 1 of Article 1 of this Federal law;
6) issue to applicants of documents of the bodies providing public services and the bodies providing municipal services based on providing the public and municipal services if other is not stipulated by the legislation the Russian Federation;
7) acceptance, information processing from information systems of the bodies providing public services and the bodies providing municipal services, and issue to applicants on the basis of such information of documents if it is provided by the agreement on interaction and other is not provided by the federal law;
8) other functions specified in the agreement on interaction.
2. When implementing the functions the multifunction centers have the right to request the documents and information necessary for providing the public and municipal services, in the bodies providing public services, the bodies providing municipal services, the organizations participating in providing the public and municipal services provided by Part 1 of Article 1 of this Federal law and also to receive from the bodies providing public services, the bodies providing municipal services, the organizations participating in providing the public and municipal services provided by Part 1 of Article 1 of this Federal law, such documents and information.
3. When implementing the functions the multifunction centers have no right to demand from the applicant:
1) providing documents and information or implementation of actions, providing or implementation of which is not provided by the regulatory legal acts governing the relations arising in connection with providing the public or municipal service;
2) providing documents and information which are at the disposal of the bodies providing public services, the bodies providing municipal services, other state bodies, local government authorities, the organizations according to regulatory legal acts of the Russian Federation, regulatory legal acts of territorial subjects of the Russian Federation, municipal legal acts;
3) implementation of actions, including the approvals necessary for receiving the public and municipal services and connected with the appeal to other state bodies, local government authorities, the organizations, except for receiving the services included in the lists specified in Part 1 of Article 9 of this Federal law.
4. When implementing the functions according to agreements on interaction the multifunction center is obliged:
1) provide on the basis of requests and appeals of federal state bodies and their territorial authorities, bodies of state non-budgetary funds, public authorities of territorial subjects of the Russian Federation, local government authorities, physical persons and legal entities necessary data on the questions relating to the set field of activity of the multifunction center;
2) provide data protection, access to which is limited according to the federal law, and also to observe the mode of processing and use of personal data;
3) observe requirements of agreements on interaction;
4) perform interaction with the bodies providing public services, the bodies providing municipal services, the organizations participating in providing the public and municipal services provided by Part 1 of Article 1 of this Federal law according to agreements on interaction, regulatory legal acts, regulations of activity of the multifunction center.
Article 17. Obligations of the bodies providing public services and the bodies providing municipal services when providing the public and municipal services in the multifunction centers
The bodies providing public services, and the bodies providing municipal services when providing the public and municipal services in the multifunction centers provide:
1) providing the public and municipal services in the multifunction centers on condition of compliance of the multifunction centers to the requirements established according to this Federal by the law;
2) access of the multifunction centers to the information systems containing data, necessary for providing the public and municipal services, if other is not provided by the federal law;
3) providing on the basis of requests of the multifunction centers of necessary data for the questions relating to providing the public and municipal services;
4) implementation of other duties specified in the agreement on interaction.
Article 18. Requirements to agreements on interaction
1. Providing the public and municipal services in the multifunction centers is performed on the basis of agreements on interaction. The approximate form of the agreement on interaction approves by the federal executive authority authorized by the Government of the Russian Federation.
2. The agreement on interaction should contain:
1) the name of agreement parties about interaction;
2) the subject of the agreement about interaction;
3) the list of the public and municipal services provided in the multifunction center;
4) the rights and obligations of the body providing public services and the body providing municipal services;
5) rights and obligations of the multifunction center;
6) order of information exchange;
7) responsibility of the parties for non-execution or improper execution of the duties assigned to them;
8) the duration of the agreement about interaction;
9) material and financial provision of providing the public and municipal services in the multifunction center.
Chapter 5. Use of information telecommunication technologies when providing the public and municipal services
Article 19. General requirements to use of information telecommunication technologies when providing the public and municipal services
1. Providing the public and municipal services electronically, including interaction of the bodies providing public services, the bodies providing municipal services, the organizations participating in providing the public and municipal services or the public and municipal services, and applicants organizing providing provided by Part 1 of Article 1 of this Federal law is performed based on information systems, including the state and municipal information systems making information and technology and communication infrastructure.
2. Rules and an order of information and technology interaction of the information systems used for providing the public and municipal services electronically and also requirements to the infrastructure providing their interaction are established by the Government of the Russian Federation.
3. Technical standards and requirements, including requirements to processing compatibility of information systems, requirements to standards and data exchange protocols electronically in information and technology interaction of information systems, are established by the federal executive authority performing functions on development and implementation of state policy and legal regulation in the field of information technologies.
Article 20. Order of maintaining registers of the public and municipal services electronically
1. Maintaining registers of the public and municipal services is electronically performed using the state and municipal information systems.
2. The federal state information system providing maintaining the federal register of public services electronically contains the data specified in Parts 2-6 of Article 11 of this Federal law. Rules of maintaining the federal register of public services using a federal state information system, including an order of placement in it of the data specified in Parts 4 and 6 of Article 11 of this Federal law are established by the Government of the Russian Federation.
3. Public authorities of the territorial subject of the Russian Federation and local government authorities for the purpose of maintaining according to the register of public services of the territorial subject of the Russian Federation and the register of municipal services have electronically the right to create regional information systems and municipal information systems.
4. During creation of the regional and municipal information systems providing maintaining according to registers of public services of territorial subjects of the Russian Federation and registers of municipal services the possibility of their integration with the federal state information system specified in Part 2 of this article should be provided.
Article 21. Portals of the public and municipal services
1. The uniform portal of the public and municipal services is the federal state information system providing providing the public and municipal services and also the services specified in Part 3 of Article 1 of this Federal law, electronically and access for applicants to data on the public and municipal services and also about the services specified in Part 3 of Article 1 of this Federal law, intended for distribution using the Internet and placed in the state and municipal information systems providing maintaining according to registers of the public and municipal services.
2. Public authorities of territorial subjects of the Russian Federation have the right to create the regional portals of the public and municipal services which are the state information systems of territorial subjects of the Russian Federation providing providing public services of territorial subjects of the Russian Federation and municipal services and also the services specified in Part 3 of Article 1 of this Federal law, electronically and access for applicants to data on the public and municipal services and also about the services specified in Part 3 of Article 1 of this Federal law, intended for distribution using the Internet and placed in the state and municipal information systems providing maintaining according to registers of the public and municipal services. Requirements to the uniform portal of the public and municipal services, regional portals of the public and municipal services, an order of their functioning and placement on them of data on the public and municipal services and also to the list of the specified data are established by the Government of the Russian Federation.
3. The uniform portal of the public and municipal services provides:
1) access for applicants to data on the public and municipal services and also about the services specified in Part 3 of Article 1 of this Federal law, intended for distribution using the Internet and placed in the state and municipal information systems providing maintaining registers according to public and municipal services;
2) availability to copying and filling electronically a request and other documents necessary for receiving the public or municipal service or service specified in Part 3 of Article 1 of this Federal law;
3) a possibility of giving by the applicant using information telecommunication technologies of a request for providing the public or municipal service or service specified in Part 3 of Article 1 of this Federal law, and other documents necessary for receiving the public or municipal service or service specified in Part 3 of Article 1 of this Federal law;
4) a possibility of obtaining by the applicant of data on the course of accomplishment of a request for providing the public or municipal service or service specified in Part 3 of Article 1 of this Federal law;
5) a possibility of receiving by the applicant using information telecommunication technologies of results of providing the public or municipal service, except as specified, when such receiving is prohibited by the federal law and also results of providing the service specified in Part 3 of Article 1 of this Federal law;
6) a possibility of payment by the applicant of the state fee for providing the public and municipal services, implementation by the applicant of a payment for providing the public and municipal services and also the services specified in Part 3 of Article 1 of this Federal law, and services which are necessary and obligatory for providing the public and municipal services, remotely electronically.
4. Ensuring information exchange with the corresponding information systems of the bodies providing public services, the bodies providing municipal services, the organizations providing the services specified in Part 3 of Article 1 of this Federal law the multifunction centers for the purpose of providing the public and municipal services electronically when using the uniform portal of the public and municipal services is performed using a single system of interdepartmental electronic interaction in the order set by the Government of the Russian Federation.
Chapter 6. Organization of activities for release, issue and service of universal electronic cards
Article 22. Universal electronic card
1. The universal electronic card is the material carrier containing recorded on it in visual (graphic) and electronic (machine-readable) forms information on the user the card and the providing information access about the user the card used for the certificate of the rights of the user by the card on receiving the public and municipal services and also other services which rendering is performed taking into account provisions of this chapter, including for commission in cases, stipulated by the legislation the Russian Federation, legally significant actions electronically. The citizen of the Russian Federation and also in the cases provided by federal laws, the foreign citizen or the person without citizenship (further, unless otherwise specified, - the citizen) can be the user the universal electronic card.
2. In the cases provided by federal laws, the universal electronic card is the identity document of the citizen, the right of the insured person in the systems of compulsory insurance, other rights of the citizen. In the cases provided by federal laws, orders of the Government of the Russian Federation, regulatory legal acts of territorial subjects of the Russian Federation, municipal legal acts, the universal electronic card is the document certifying the citizen's right to receiving the public and municipal services and also other services.
3. The universal electronic card should contain the following visual (unprotected) data:
1) a surname, a name and (if is available) the user's middle name the universal electronic card;
2) the photo of the applicant (in case of issue of the universal electronic card according to the petition from the citizen as it should be, stipulated in Clause the 25th this Federal law);
3) number of the universal electronic card and term of its action;
4) contact information of authorized organization of the territorial subject of the Russian Federation;
5) the insurance number of the individual ledger account of the insured person in the system of mandatory pension insurance of the Russian Federation.
4. Additional visual data of the universal electronic card can be established by the federal executive authority authorized by the Government of the Russian Federation.
5. On the electronic medium of the universal electronic card the fixings of data specified in Part 2 of this article and also date, the birthplace and a sex of the user the universal electronic card are subject. The list of other data which are subject to fixing on the electronic medium of the universal electronic card is defined by the federal executive authority authorized by the Government of the Russian Federation.
6. The universal electronic card is stored at the user by such card and cannot be used for providing the public or municipal services to other persons.
Article 23. Digital application of the universal electronic card. Order of connection of the digital application
1. The digital application of the universal electronic card (further also - the digital application) represents the unique character sequence written on the electronic medium of the universal electronic card and intended for an authorized access of the user by such card to receiving financial, transport or other service, including the public or municipal service. The universal electronic card can have several independently functioning digital applications.
2. Federal digital applications provide public services and services of other organizations in all territory of the Russian Federation according to federal laws or orders of the Government of the Russian Federation.
3. Regional digital applications provide public services and services of other organizations according to regulatory legal acts of the territorial subject of the Russian Federation.
4. Municipal digital applications provide municipal services and services of other organizations according to municipal legal acts.
5. The universal electronic card should have the federal digital applications providing:
1) user identification by the universal electronic card for the purpose of receiving by it at its use of access to public services and services of other organizations;
2) receiving public services in the system of compulsory health insurance (the policy of compulsory health insurance);
3) receiving public services in the system of mandatory pension insurance (the insurance evidence of mandatory pension insurance);
4) receiving banking services (digital banking application).
6. The list of other federal digital applications which the universal electronic card should have is established by the Government of the Russian Federation.
7. The technical requirements imposed to the universal electronic card, including to a form of the material carrier of the universal electronic card, technical requirements to federal digital applications except for the digital banking application, are established by the Government of the Russian Federation in coordination with the organization determined by the Government of the Russian Federation for the purpose of the organization of interaction of authorized organizations of territorial subjects of the Russian Federation and implementation of other functions provided by this chapter (further - federal authorized organization).
8. The highest executive the public authority of the territorial subject of the Russian Federation has the right to define the list of the regional and municipal digital applications providing an authorized access to receiving the public, municipal and other services.
9. Digital applications are developed by issuers of digital applications which federal executive authorities, executive bodies of the government of the territorial subject of the Russian Federation, bodies of state non-budgetary funds of the Russian Federation, territorial authorities of federal executive authorities and territorial authorities of state non-budgetary funds of the Russian Federation, banks, other bodies and the organizations providing rendering the public, municipal and other services electronically using the universal electronic card and digital applications are.
10. Issuers of the federal digital applications specified in points 1 - 3 Parts 5 and in Part 6 of this article, are defined by the Government of the Russian Federation.
11. Connection and functioning of digital applications, except for the digital banking application, are provided with the authorized organization of the territorial subject of the Russian Federation acting on the basis of the digital applications signed with issuers of agreements in which the order of functioning of the digital application and responsibility of the parties of the agreement are reflected.
12. The issuer of the federal digital application specified in point 1, 2 or 3 of Part 5 or in Part 6 of this article has the right to approve a standard form of the agreement with authorized organization of the territorial subject of the Russian Federation of connection of the corresponding federal digital application and of ensuring its functioning.
13. Rules of development, connection and functioning of federal digital applications, except for the digital banking application, are established by the Government of the Russian Federation in coordination with federal authorized organization.
14. Rules of development, connection and functioning of the digital applications specified in Part 8 of this article and technical requirements to them are defined by the supreme executive body of the government of the territorial subject of the Russian Federation in coordination with the authorized Government of the Russian Federation federal executive authority and federal authorized organization.
15. Rules of development, connection and functioning of the digital banking application and technical requirements to it are established by federal authorized organization in coordination with the federal executive authority performing functions on legal regulation in the field of the analysis and forecasting of social and economic development, the federal executive authority performing functions on development of state policy and legal regulation in the field of banking activity and the Central bank of the Russian Federation.
16. The bank which performed connection of the digital banking application provides functioning of the digital banking application according to the legislation on banks and banking activity. Connection of the digital banking application is performed by the banks which signed the agreement with federal authorized organization.
17. For use (activation) of the digital banking application the citizen or the person acting from his name on the basis of the of notarially certified power of attorney addresses for the signing of the contract providing rendering services using the digital banking application of the universal electronic card to bank or to the authorized organization of the territorial subject of the Russian Federation operating from a bank name owing to the power set by the agreement signed between them.
18. The citizen - the user the universal electronic card has the right to replacement of the bank providing provision of services within the digital banking application to other bank which signed the agreement with federal authorized organization according to this Federal law. Replacement of the universal electronic card as it should be, stipulated in Clause the 27th this Federal law is in that case performed.
Article 24. Bases of the organization of activities for release, issue and service of universal electronic cards
1. The organization of activities for release, issue and service of universal electronic cards is performed by authorized bodies of the government of territorial subjects of the Russian Federation according to this Federal law.
2. The order of release of universal electronic cards is established by the Government of the Russian Federation.
3. For the purpose of release, issue and service of universal electronic cards the supreme executive body of the government of the territorial subject of the Russian Federation defines authorized organization of the territorial subject of the Russian Federation. Legal entities and also territorial authorities of federal executive authorities, the Pension Fund of the Russian Federation on the basis of the agreements signed by the supreme executive body of the government of the territorial subject of the Russian Federation with federal executive authority, the Pension Fund of the Russian Federation can perform functions of authorized organization of the territorial subject of the Russian Federation. Several territorial subjects of the Russian Federation can define the same legal entity as authorized organization of the territorial subject of the Russian Federation.
4. Universal electronic cards are the property of the territorial subject of the Russian Federation.
5. The order of compensation and (or) joint financing of expenses on release, issue and service of universal electronic cards is established by the Government of the Russian Federation.
6. The authorized federal executive authority exercises control of implementation by authorized bodies of the government of territorial subjects of the Russian Federation of the functions set by this chapter on the organization of activities for release, issue and service of universal electronic cards.
Article 25. An order of issue of universal electronic cards according to petitions from citizens
1. If other is not set by the order of the Government of the Russian Federation or the law of the territorial subject of the Russian Federation specified in Parts 2 and 3 of Article 26 of this Federal law from January 1, 2012 to December 31, 2013 inclusive universal electronic cards are issued to citizens on the basis of statements for issue of the universal electronic card.
2. Issue of the universal electronic card to the citizen is performed on a free basis by authorized organization of the territorial subject of the Russian Federation.
3. The order of filing of application about issue of the universal electronic card is established by authorized body of the government of the territorial subject of the Russian Federation.
4. The surname, a name and (if is available) a middle name, date, the birthplace and a sex of the user by the universal electronic card and also other data which list is defined by the federal executive authority authorized by the Government of the Russian Federation are specified in the statement for issue of the universal electronic card. The specified statement should contain also information on the choice by the citizen of the bank providing provision of services within the digital banking application. The choice of the bank providing provision of services within the digital banking application is performed by the citizen from among the banks which signed the agreement with federal authorized organization.
5. The standard application form about issue of the universal electronic card is established by the federal executive authority authorized by the Government of the Russian Federation.
6. The authorized body of the government of the territorial subject of the Russian Federation publishes in the all-Russian or regional printing edition appearing at least once a week and also posts on the Internet on the official site of the territorial subject of the Russian Federation the notification on the beginning of release of universal electronic cards according to petitions from citizens. The notification should contain information on an order of filing of application on issue of the universal electronic card, an order of release and delivery of universal electronic cards, the rights of citizens and also the list of the banks which signed at the time of publication of the specified notification the agreement with federal authorized organization.
7. The order of delivery of the universal electronic cards issued and issued according to petitions from citizens is defined by regulatory legal acts of the territorial subject of the Russian Federation.
Article 26. An order of issue of universal electronic cards to the citizens who did not submit at the scheduled time applications for issue to it of the specified card and did not file declarations of abandonment of obtaining the universal electronic map
1. Since January 1, 2014 if earlier term is not set by the order of the Government of the Russian Federation or the law of the territorial subject of the Russian Federation specified in Parts 2 and 3 of this article, the universal electronic card is issued on a free basis by authorized organization of the territorial subject of the Russian Federation to the citizens who did not give till January 1, 2014 (or other term set by the regulatory legal acts specified in Parts 2 and 3 of this article) statements for issue of the universal electronic card to them and not filed declarations of abandonment of obtaining this map in the order set by this article. In this case the release of the universal electronic card is performed on the basis of information on personal data of citizens which is available for executive bodies of the government of the territorial subject of the Russian Federation, territorial authorities of federal executive authorities, territorial authorities of state non-budgetary funds of the Russian Federation. Federal executive authorities and state non-budgetary funds of the Russian Federation are obliged to provide to authorized organization of the territorial subject of the Russian Federation access to information systems regarding information necessary for release, issue and service of universal electronic cards, in the order set by the Government of the Russian Federation.
2. By the Government of the Russian Federation earlier term of issue of universal electronic cards in the order set by this article for the purpose of the certificate of the rights of the citizen specified in Part 2 of Article 22 of this Federal law can be set.
3. By the law the territorial subject of the Russian Federation earlier term of issue in the territory of an appropriate subject of the Russian Federation of universal electronic cards in the order set by this article can be established.
4. The territorial subject of the Russian Federation publishes no later than January 1, 2014 in the all-Russian or regional printing edition appearing at least once a week and also posts on the Internet on the official site of the territorial subject of the Russian Federation the notification on release of universal electronic cards to the citizens who did not submit till January 1, 2014 applications for issue to it of the specified card and did not file declarations of abandonment of obtaining the universal electronic map. The notification should contain information on terms and an order of release, an order of delivery of universal electronic cards, the rights of citizens and also the list of the banks which signed the agreement with federal authorized organization.
5. During the term set by regulatory legal acts of the territorial subject of the Russian Federation and which is not less than sixty days from the date of the publication of the notification specified in Part 4 of this article, the citizen has the right to address to the body (organization) defined (defined) by the territorial subject of the Russian Federation with the declaration of abandonment of obtaining the universal electronic map.
6. The choice of the bank providing provision of services within the digital banking application is performed by the citizen from among the banks which signed the agreement with federal authorized organization. Information on the choice of bank is sent the citizen to the body (organization) defined (defined) by the territorial subject of the Russian Federation during the term set by regulatory legal acts of the territorial subject of the Russian Federation and which is not less than thirty days from the date of the publication of the notification specified in Part 4 of this article, in the order determined by regulatory legal acts of the territorial subject of the Russian Federation.
7. If the citizen in identified by Part 6 of this article term directed information on the choice of bank, the universal electronic card with the digital banking application of the bank selected by it is issued to this citizen.
8. If the citizen in identified by Part 5 of this article term did not file the declaration of abandonment of obtaining the universal electronic map and (or) did not send information on the choice of bank to the time set by Part 6 of this article, the universal electronic card with the digital banking application of the bank chosen by the territorial subject of the Russian Federation from among the banks which signed the agreement with federal authorized organization according to the results of the competition held by the territorial subject of the Russian Federation is issued to this citizen. The order of carrying out tender on selection of bank (banks) is established by the law the territorial subject of the Russian Federation.
9. The order of delivery of universal electronic cards, including personally to the citizen, is defined by regulatory legal acts of the territorial subject of the Russian Federation.
10. The citizen has the right to refuse use of the universal electronic card at any time after the expiration set by Part 5 of this article. In case of refusal the citizen from use of the universal electronic card such card is subject to cancellation in the order set by the authorized Government of the Russian Federation federal executive authority.
Article 27. An order of issue of the duplicate of the universal electronic card or replacement of the specified card
1. In case of loss of the universal electronic card or voluntary replacement of the universal electronic card the citizen has the right to address to the authorized organization of the territorial subject of the Russian Federation or other organizations determined by the territorial subject of the Russian Federation with the statement for issue of the duplicate of the universal electronic card or for replacement of the specified card.
2. Within one month from the date of submission by the citizen of the statement for issue of the duplicate of the universal electronic card the specified organizations on the basis of entry in the register of universal electronic cards about the user the universal electronic card issue to such citizen the duplicate of the specified card personally or through the organizations determined by the territorial subject of the Russian Federation. The duplicate of the universal electronic card is issued by the specified organizations at sight by the citizen of the identity document of the citizen - the user the universal electronic card.
3. The territorial subject of the Russian Federation defines an order of issue of the duplicate of the universal electronic card and the amount of a payment for issue of such duplicate.
4. Replacement of the universal electronic card is performed on a free basis by authorized organization of the territorial subject of the Russian Federation on the basis of the application submitted by the citizen in the order determined by authorized body of the government of the territorial subject of the Russian Federation.
5. The replacement procedure of universal electronic cards in case of connection of new federal digital applications or regional or municipal digital applications is established by the Government of the Russian Federation or the law of the territorial subject of the Russian Federation in coordination with federal authorized organization.
Article 28. Activity of authorized organization of the territorial subject of the Russian Federation and federal authorized organization for the organization of providing the public and municipal services using the universal electronic card
1. The authorized organization of the territorial subject of the Russian Federation performs the following functions:
1) providing in the territory of the territorial subject of the Russian Federation of release, issue, service and storage (until issue to citizens) universal electronic cards;
2) maintaining the register of universal electronic cards containing data on the universal electronic cards issued in the territory of the territorial subject of the Russian Federation in the order set by the authorized Government of the Russian Federation federal executive authority;
3) providing in the territory of the territorial subject of the Russian Federation of information and technology interaction of the state information systems and municipal information systems determined respectively by regulatory legal acts of the Government of the Russian Federation and regulatory legal acts of the territorial subject of the Russian Federation in the course of providing the public and municipal services using universal electronic cards;
4) other functions determined by the legislation of the Russian Federation.
2. The authorized organization of the territorial subject of the Russian Federation at the organization of release of the universal electronic card acts on behalf and for the benefit of the user the universal electronic card without power of attorney.
3. For the purpose of the organization of interaction of authorized organizations of territorial subjects of the Russian Federation and also implementation of other Government of the Russian Federation functions provided by this chapter defines federal authorized organization.
4. Requirements to banks and also requirements to the agreement signed by federal authorized organization with the banks participating in provision of services within the digital banking application according to this Federal law and to an order of its conclusion are established by the federal executive authority performing functions on legal regulation in the field of the analysis and forecasting of social and economic development together with the federal executive authority performing functions on development of state policy and legal regulation in the field of banking activity and the Central bank of the Russian Federation. The federal authorized organization has no right to refuse signing of the contract to banks which conform to the requirements specified in this part.
5. The federal authorized organization performs the following functions:
1) organization of interaction of authorized organizations of territorial subjects of the Russian Federation;
2) maintaining in the order set by the authorized Government of the Russian Federation federal executive authority, the unified register of universal electronic cards containing data on the universal electronic cards issued in the territory of the Russian Federation;
3) establishment of the list and the size of rates for service of universal electronic cards in the part which is not concerning functioning of digital banking applications (in coordination with the federal executive authority performing functions on legal regulation in the field of the analysis and forecasting of social and economic development);
4) maintaining the register of the federal, regional and municipal supplements placed on the universal electronic card;
5) other functions determined by the Government of the Russian Federation.
6. Information and technology interaction of authorized organizations of territorial subjects of the Russian Federation and federal authorized organization, other bodies and the organizations in the course of providing the public and municipal services using universal electronic cards is performed according to the regulatory legal acts of the Government of the Russian Federation and rules of federal authorized organization set in coordination with the authorized Government of the Russian Federation federal executive authority.
7. For the purpose of interaction implementation the authorized bodies of the government of the territorial subject of the Russian Federation, authorized organizations of the territorial subject of the Russian Federation, other bodies and the organizations participating in process of providing the public and municipal services provided by Part 1 of Article 1 of this Federal law using universal electronic cards are obliged to sign the relevant agreements with federal authorized organization.
8. The order of the conclusion and a condition of such agreement are established by the federal executive authority authorized by the Government of the Russian Federation in coordination with federal authorized organization.
Chapter 7. Final provisions
Article 29. Ensuring implementation of provisions of this Federal law
1. Administrative regulations should be developed and adopted, and information on them should be included in the corresponding registers of public services and registers of municipal services within two years from the date of entry into force of this Federal law.
2. The administrative regulations adopted about day of entry into force of this Federal law should be brought into accord with provisions of this Federal law no later than July 1, 2012.
3. The data on the public services provided by executive bodies of the government of the territorial subject of the Russian Federation provided by this Federal law and municipal services should be included in the state and municipal information systems providing maintaining registers according to public and municipal services and are available to applicants via the uniform portal of the public and municipal services no later than July 1, 2011.
4. Establish that concerning implementation of the provisions of this Federal law providing the public and municipal services electronically including using the uniform portal of the public and municipal services:
1) transition to providing the public and municipal services electronically respectively by the federal executive authorities, executive bodies of the government of territorial subjects of the Russian Federation, local government authorities, the organizations participating in providing the public and municipal services provided by Part 1 of Article 1 of this Federal law is performed step by step according to the scheduled plans of transition to providing the public and municipal services electronically approved respectively by the Government of the Russian Federation, the supreme executive body of the government of the territorial subject of the Russian Federation, local government authority;
2) methodical and organizational support of transition to providing the public and municipal services is electronically performed by the federal executive authority performing functions on development and implementation of state policy and legal regulation in the field of information technologies together with the authorized Government of the Russian Federation federal executive authority.
5. If the territorial subject of the Russian Federation till November 1, 2010 did not define authorized organization of the territorial subject of the Russian Federation, such organization is defined by the federal executive authority authorized by the Government of the Russian Federation.
6. If about day of entry into force of this Federal law in the territorial subject of the Russian Federation or in the municipal entity universal electronic cards which digital applications in whole or in part match the digital applications specified in Article 23 of this Federal law were issued and issued to citizens, and the specified cards are not brought into accord with provisions of Article 23 of this Federal law, such universal electronic cards are subject to repayment after the term of their action, but no later than January 1, 2014 in the order set by a regulatory legal act of the supreme executive body of the government of the territorial subject of the Russian Federation or authorized body of local government.
7. After six months from the date of entry into force of this Federal law collection from the applicant of a payment for rendering the public and municipal services and also services which are necessary and obligatory for providing the public and municipal services is not allowed and are provided by the organizations specified in Part 2 of Article 1 of this Federal law, except as specified, when according to the federal laws adopted according to them other regulatory legal acts of the Russian Federation, regulatory legal acts of territorial subjects of the Russian Federation, municipal legal acts the public and municipal services and also services which are necessary and obligatory for providing the public and municipal services appear at the expense of means of the applicant.
Article 30. Entry into force of this Federal law
1. This Federal law becomes effective from the date of its official publication, except for provisions for which this article sets other term of entry into force.
2. Point 3 of Article 6, points 2 and 3 of Article 7, point 5 of Part 3 of Article 21 of this Federal law become effective since July 1, 2011.
President of the Russian Federation
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