Project analysis federal law"On education in Russian Federation» ( version 3.0.4 dated 03/27/2012) (hereinafter referred to as the draft law, the draft law, the draft law) provides sufficient grounds for the conclusion that this draft law is of generally unsatisfactory quality, contains many significant shortcomings that do not allow to properly create a modern and efficient system Russian education, provide the legal basis for the implementation of educational and cultural rights of citizens in the field of education, including guarantees for their implementation, protection and protection, and solve the significant problems that exist today in this area of ​​public relations. In this opinion, some of the most significant shortcomings of this draft law are considered.

By now, there is an objective need for a significant improvement in the legislation of the Russian Federation on education, which is due to an excessively large number of gaps in the legal regulation of relations in the field of education, as well as the growth of an array of by-laws in this area to such an extent that even a professional lawyer is quite difficult to navigate. In addition, there are many other problems caused by the lack of legal regulation in this area.

The bill does not meet the expectations of a significant part of the pedagogical community, the expert community, parents of children studying in educational institutions, and Russian society as a whole. In the context of a catastrophic crisis of morality in Russian society and the state, a significant drop in the quality and competitiveness of domestic education new law should have been initially designed, in essence, as an act aimed at solving the most acute problems in the field of education and laying the foundations for the long-term positive development of domestic education. However, the developers of the bill do not seem to notice many problems.

Despite the fact that representatives of the Ministry of Education and Science of Russia declare the draft law to be positive in superlatives as the most important and effective means of the rapid positive and competitive development of domestic education and the significant socially valuable results expected from the implementation of the draft law (if adopted) in the form of high-quality educated school graduates and universities, there are no grounds for such assessments in the bill itself.

Structural and formal-legal shortcomings of the draft law

The bill is not a structurally and logically balanced systemic legal act. In many aspects, it represents an unsystematic compilation of parts written by different authors that have undergone multiple changes, which led to the rupture of many internal logical connections between its provisions, numerous gaps and, in many aspects, the loss of consistency in legal regulation.

A significant structural and substantive shortcoming of the draft law, in our opinion, is the lack of fixing in it the goals of state administration and state policy in the field of education, as well as the tasks of state policy in the field of education, which would be a logical link between the basic principles of state policy in the field of education established by the bill. education (Article 3) and specific measures (legal norms) regulating relations in this area.

The developers of the draft law probably tried to preserve as much as possible the structure of the current Law of the Russian Federation dated July 10, 1992 No. 3266-1 “On Education” and not include fundamentally new norms, including norms establishing the goals of state policy in the field of education.

The draft law enshrines the list of the main tasks of the legislation on education (part 3 of article 4). It is reasonable to note that this list does not include the task of creating legal conditions for effective functioning of the education system of the Russian Federation. In the specified list of tasks, the task “not quite clear in content” is fixed. creating legal conditions for free functioning and development of the education system”, requiring clarification of what the authors of the bill understood by the “free functioning” of the education system (from what is it free and to what extent?). The functioning of the education system cannot and should not be free from its legislative regulation, from state control and supervision. The development of the education system cannot and should not be free from the legitimate interests of citizens, from the public interests of society as a whole and the state. Therefore, this formulation, which absolutizes the “freedom of functioning” of the education system, seems to be logically and meaningfully incorrect.

List of principles of state policy and legal regulation of relations in the field of education, enshrined in Article 3 of the draft law, is a poorly edited, unsystematic enumeration of principles, goals, tasks, fragments of specific legal norms that differ in terms of the level of generalization and quality of legal elaboration.

Many of the principles stated in the above list are not specified in other norms of the draft law and, therefore, remain only an imitation of the principles and empty declarations that are not provided by norms. It is characteristic that this list completely lacks principles in the formulations of which the words “morality”, “values” would be used, while “ accepted in the family and society spiritual and moral and sociocultural values » are indicated as the basis to which the formation and development of the personality must correspond, declared as one of the goals of the content of education (part 1 of article 12).

As a priority principle (in relation to all others), paragraph 3 of article 3 indicates the principle “ priority of human life and health, free development of personality". It seems important in one of the articles of the project to concretize (disclose) the principle of free development of the individual in order to ensure the clarity of its meaning, guarantee its implementation and, thereby, prevent both its excessive absolutization during application and unreasonable restrictions.

One of the principles of state policy and legal regulation of relations in the field of education seems to be incorrectly formulated - “ freedom in education according to the inclinations and needs of the individual”(paragraph 6 of article 3), since its meaning in this edition is unclear, it is possible that the word “choice” was omitted after the word “freedom”.

Principle " equality of rights and freedoms of participants in relations in the field of education”(paragraph 10 of article 3) seems to be legally defective and absurd, since, firstly, such completely different participants in educational relations, such as, for example, a teacher and a student, cannot in principle be endowed with equal rights and freedoms in the field of education. Secondly, in this principle, we are not talking about constitutional rights that are equal for everyone, but, if this norm is literally interpreted, about all rights in a broad sense, including those arising on the basis of an education agreement and the provision of paid educational services .

The draft law fixes the lists of goals and objectives of individual levels of education (preschool, primary general, basic general, secondary general, secondary vocational and higher education), the wording of which is unsystematic, fragmentary, significantly gaping, insufficiently defined in meaning (part 1 of article 64, parts 1-3 of article 66, part 1 of article 71, part 1 of article 72). A significant drawback of these lists of goals and objectives of educational levels is the absence of an essential element in them - tasks of formation of social responsibility of the individual(in the civil and moral sense), without specifying which, among the goals and objectives of the indicated levels of education, trained workers, specialists and highly qualified personnel will have professional qualifications, and, most likely, will be motivated to a certain extent by private interests, but will not be aware of and guided by their social responsibility in the implementation of their professional activity. What negative consequences can the lack of quality of social responsibility lead to can be assumed on the example of the profession of a doctor. Taking into account that the list of basic principles of state policy and legal regulation of relations in the field of education contains the principles of education of citizenship and responsibility (paragraph 3 of Article 3), we consider it necessary to specify these principles in the form of the task of forming the social responsibility of the individual and fix this task among the tasks of the corresponding levels education.

We have to state a significant legal and technical, including terminological, underdevelopment of many norms of the draft law.

The definitions of the main concepts in Article 2 of the draft law are replete with logical errors and substantive shortcomings. So, even the definition of the concept of "education": " education is a socially significant good, which is understood as .... "(paragraph 1 of article 2), - is constructed logically incorrectly, since the words " which means..." and further in the text - do not refer to the word " education", and to the expression " public good».

The list of basic concepts does not contain definitions of the concepts used in the draft law “ autonomy educational organizations », « academic rights and freedoms of teachers and students», « federal government requirements”, etc., the lack of certainty of the meaning and the ambiguity of the meaning of which can cause problems in the application of the relevant legal norms.

In part 2 of article 1 of the draft law, in the enumeration of the legal provisions of the draft law, it is redundantly indicated “ general rules the functioning of the education system and the implementation of educational activities", which are already included in the scope of the concepts " legal, organizational and economic foundations of education". At the same time, the words " the main principles of the state policy of the Russian Federation in the field of education” it would be reasonable to write down the first in the enumeration of the provisions of the bill.

Part 9 of Article 26 refers to the prohibition of the creation and operation of certain “religious movements” and “socio-political movements” in the structure of state and municipal educational organizations, but such organizational and legal forms are not established in modern Russian legislation.

A large number of noted logical, systemic, legal, linguistic and legal-technical shortcomings in the draft law indicates that a qualified legal and linguistic expertise of the draft law has not been carried out before.

1. The draft law does not provide the necessary recognition, guarantee, provision, protection and protection of the educational and cultural rights of citizens in the field of education.

Disclosure and concretization of the right to education in Article 5 of the draft is carried out haphazardly, its constituent elements are not clearly structured.

The legal guarantees of the free of charge of those levels, forms and types of education, the freeness and accessibility of which are guaranteed by the Constitution of the Russian Federation, are obviously insufficient.

Part 3 of Article 5 of the bill establishes guarantees of free receipt in accordance with federal state educational standards (educational standards) of preschool, primary general, basic general and secondary general education, secondary vocational education, as well as free higher education on a competitive basis, if education of this level is obtained for the first time. However, no legal norms aimed at preventing and suppressing monetary extortions from parents of schoolchildren and preschoolers, which have become a mass phenomenon in modern kindergartens and schools, are not established in the bill.

Part 4 of article 103 " Financial support rendering public services in the field of education" of the draft law, which grants the right to educational organizations " in the manner prescribed by the legislation of the Russian Federation» raise additional funds through the provision of paid educational and other services provided for by the charter of the educational organization, as well as through voluntary donations and targeted contributions from individuals and (or) legal entities - creates wide opportunities for abuse, since there are no effective protective measures against extortion from students and their parents the projected law does not contain (however, as well as the current legislation).

Free de jure - according to the current legislation - exists today, but in reality - almost universal payment for education, implemented through hidden compulsory forms of payment for education, through extortions from the parents of schoolchildren "for charity", "for curtains and desks", "for repairs ”, “on guard”, etc. Parents of children in schools do not have to pay for security, since ensuring and protecting law and order and protecting citizens from criminal encroachments is a function of the state, the implementation of which is financed by tax revenues from the budget. The refusal to include norms aimed at preventing abuses in the practice of voluntary donations that have become a mass phenomenon means that representatives of the Russian Ministry of Education and Science are once again ignoring this problem.

It is significant that in the draft law the guarantees of free access to pre-school, primary general, basic general and secondary general education, within the meaning of part 3 of article 5, are established only in relation to education implemented in accordance with federal state educational standards.

Given the earlier repeated statements and attempts by the leadership of the Russian Ministry of Education and Science to radically minimize the amount of education content provided free of charge and guaranteed in accordance with the federal state educational standard, this guarantee of free of charge turns into a rather weak one. Moreover, the requirements for standards are set out in the draft law very incompletely and vaguely, do not relate to the main characteristics of the content of education and are in fact reference norms that transfer the solution of all issues of the content of education to the level of federal executive authorities, which often not only do not take into account the opinions and legitimate interests big social groups of our society, but also make decisions that infringe on the rights of the majority of Russian citizens. Paragraph 1 of part 4 of article 11 of the draft law speaks of the volume of parts of the basic educational program without specifying the units of measurement there. Part 3 of Article 13 of the draft describes such a unit of labor intensity for the student, but not the content - “ credit", which " includes all kinds of learning activities provided in the curriculum, including classroom and independent work, internships, practices". Not so long ago, the approved federal state standards of primary general education and basic general education, which caused significant criticism from experts, confirmed that in the absence of requirements and guarantees regarding the issues under consideration, clearly and violations of the constitutional rights of citizens in the field of education.

Article 5 of the draft law unsatisfactorily regulates relations related to the difference in the scope of rights to receive education of various types, levels for citizens of the Russian Federation and for foreign citizens, as well as for stateless persons. We believe that such differences in relation to higher education should be more clearly established in Article 5, which defines the basic guarantees of the right to education. At the same time, it is reasonable to grant the right to receive free higher education only to citizens of the Russian Federation and citizens of states with which the Russian Federation has concluded treaties and agreements on equal rights of citizens in the field of education.

The draft law does not adequately secure the rights of parents (legal representatives) of underage students in the field of education. Parts 1 and 2 of Article 45, which establish such rights, completely exclude the rights of parents to influence the content of education received by their child. For example, the draft law does not imply the right of parents to refuse their child to undergo disciplines related to the so-called “sex education” (“sexual education”, etc.), which in most cases of its implementation in practice turned into implementation in Russian schools intellectual forms of committing depraved acts with schoolchildren, their moral corruption. This state of affairs cannot be considered normal.

2. The bill does not meet the requirements of ensuring the cultural conformity of education, spiritual, moral and civil-patriotic education of students, their integration into the national culture.

2.1. Guarantees of the cultural conformity of Russian education are not adequately provided. In article 3 of the draft law, the list of principles of state policy in the field of education does not contain the principle of cultural conformity of Russian education. The need to ensure the cultural conformity of education is recognized by a significant part of specialists, experts, since the preservation of the cultural, spiritual, moral and historical identity of Russia is a necessary condition and one of the most important tasks of the system for ensuring the well-being and prosperity of Russia, and the education system plays a decisive role in solving this problem. We believe that the constitutionally fixed guidelines for the development of our country, including the veneration of "the memory of the ancestors who passed on to us love and respect for the Fatherland, faith in goodness and justice" (see the preamble to the Constitution of the Russian Federation), cannot be ensured with a morally and spiritually indifferent law on education , the draft of which in this part contains fragmentary provisions that only imitate the legal foundations for ensuring the moral foundations and cultural conformity of education.

The draft law clearly and consistently expresses its detachment from the implementation of the function of educating the younger generation by the education system.

The legal norm of paragraph 4 of Article 3 of the draft law, which includes the words " protection and development by the education system of national cultures, regional cultural traditions and characteristics in a multinational state”, does not at all provide for the requirements of cultural conformity of education, while taking into account the obvious ideological directive in the same paragraph 4 of Article 3 on “ inclusion of Russian education in the world educational space". Moreover, the implementation of an unrestricted goal of “inclusion” of Russian education in the world educational space, which allows uncritical copying of the experience of individual states, may be contrary to the national interests of the Russian Federation, since the so-called “world educational space” manifests not only universally recognized moral values ​​and cultural priorities, but also geopolitical motives and other interests of different states, which often do not coincide and even contradict each other.

Several articles of the bill contain declarative provisions on the spiritual and moral formation of the child, education of citizenship, patriotism, which, in fact, are only empty declarations (meaningful imitation) and describe "wishes" that are not provided by specific mechanisms and guarantees for the implementation of these declarations.

2.2. Another significant shortcoming of the bill is the fragmentation, declarativeness and lack of specific legal norms of the provisions that establish the value bases for upbringing and education in general. Specific legal mechanisms aimed at ensuring civil-patriotic, legal and spiritual-moral education of the younger generation are partially reflected only in Article 90 of the draft law and only in relation to the study of the foundations of the spiritual-moral culture of the peoples of the Russian Federation and religious education.

The developers of the draft law completely ignored the need to establish the legal foundations for education, including family values, for students in general education institutions, as a result of which the development of methodological and other instructive materials relating to the education of students and the formation of their personality in a broad sense takes place without sufficient legal provisions enshrined in laws. foundations that determine the direction of education. This fundamental legal gap in the regulatory framework of Russian education can contribute to the realization of narrow group interests, including ideologically dubious ones that do not meet the interests of society in the field of education. For example, there is a well-known case when the most important issues of education were not resolved properly, and as a result a “document” with a strange regulatory status (more precisely, without it at all) was obtained - the project “Concepts for the Spiritual and Moral Development and Education of the Personality of a Russian Citizen” within the framework of the “Development general methodology, principles, conceptual foundations, functions, structure of the state educational standards of general education of the second generation” (2005), implemented by the Russian Academy of Education by order of the Federal Agency for Education” (this “concept” was published in 2009). As a result of such normative "creativity" outside the proper legal framework for education inevitably, methodological and other documents will appear on the most important issues of education, approved by the federal executive body in the field of education, but for the most part expressing only private narrow group interests of their developers, not corresponding to the public interests of Russian society and the state.

2.3. A significant drawback of the draft law is that one of the most important guarantees of preserving the unified cultural and educational space of the Russian Federation and protecting national cultures - the definition of compulsory subjects for which students are assessed - is given, in accordance with parts 1 and 2 of article 68, to an arbitrary decision of the federal body executive power.

The refusal of the developers of the draft law to establish mandatory certification in subjects Russian language and Russian literature within the framework of the state (final) certification of students who have mastered the educational programs of basic general and secondary general education, is a significant drawback of the whole set of rules governing the state (final) certification of students and the unified state exam (Articles 68 and 69 of the draft law). Article 68 “State (final) certification of students who have mastered the educational programs of basic general and secondary general education” and Article 69 “Unified State Examination”, which establish the legal basis for organizing and conducting a unified state exam, do not define any specific subject at all, in which the state (final) certification of students in schools must be carried out. This also reflects the desire of education officials to maintain their monopoly influence on the content and direction of education in schools, the ability to arbitrarily and voluntaristically solve the most important education issues for the country by their by-laws, ignoring the social demand of society to increase the cultural conformity of Russian school education.

Consistent and categorical disregard in the draft law of the need to provide full-fledged teaching of Russian literature to students in general education institutions, including mandatory exams in this subject, is the principled position of the current leadership of the Russian Ministry of Education and Science (some very weak preferences are created for studying the literature of ethnic minorities by children belonging to them).

Based on the share of the Russian population in the total population in Russia (the absolute majority) and taking into account the role of Russian culture in the formation of Russian statehood, it is through the proper development of Russian literature (with elements of the literary heritage of other peoples of Russia) that the full implementation of paragraphs 3 and 4 of Article 3 is possible. (basic principles of state policy and legal regulation of relations in the field of education), part 1 of article 12 (requirements for the content of education) and other provisions of the draft law, the implementation of education and upbringing in the meaning defined by the definitions of paragraphs 1 and 2 of article 2 of the draft law.

Part 5 of Article 5 of the draft, which establishes that citizens of the Russian Federation have the right to " receiving preschool, primary general and basic general education in the native language (including passing the state (final) certification in the native language and native literature), learning the native language”, most likely, when applied, will be interpreted as having nothing to do with the Russian language and Russian literature, but as relating only to ethnic minorities, and in this sense is declarative. A number of norms of the draft law concerning "benefits on the native language and native literature" also do not clarify anything on this issue.

Meanwhile, the majority of democratic legal states actively defend their cultural and civilizational foundations. For example, in the USA a very high value is attached to the knowledge of American literature and, moreover, the history of American literature by school graduates.

Similar requirements for knowledge of French literature are implemented in France. The authorities of other European countries, as well as the leadership of the Council of Europe, pay serious attention to the issue of ensuring the cultural conformity of education. This is evidenced, for example, by the Recommendation of the Parliamentary Assembly of the Council of Europe No. 1833 (2008) dated April 17, 2008 “Expanding the study of European literature”.

We believe that the proposed law should fix the obligatory examination in Russian literature within the framework of the unified state exam (final certification of students who have mastered the basic general education programs of secondary general education), while establishing the form for passing the exam in literature in the form of an essay or other creative task, and not in the form of tests.

2.4. The disadvantage of the bill is the absence of a ban on the use of educational programs, teaching aids and educational literature developed abroad, or developed foreign organizations or with their participation, or established by them (foreign organizations) Russian legal entities, as well as by Russian legal entities with foreign participation, - in the implementation of historical and social science training courses, subjects, disciplines (modules) of primary general, basic general, secondary (complete) general education, as well as activities of civil-patriotic and legal education. Meanwhile, such a measure is long overdue.

2.5. The draft law completely ignores the issues of the cadet education system, which are actively functioning at the present time, which are very important for the future of the country.

Cadet education, cadet educational organizations that have obvious essential features that distinguish them from other educational organizations, are not even mentioned in the bill, despite the fact that one of the previous versions of the bill mentioned this.

The refusal of the developers of the draft law to establish the legal foundations of cadet education leads to the elimination of a huge amount of educational activity with the accumulated huge positive pedagogical experience, rooted back in the days of the Russian Empire, and then received continuity and development in the Suvorov military and Nakhimov naval schools in the USSR, later and for more than 20 years in cadet schools, buildings and schools in modern Russia. The consequence of such disregard of the cadet education system in the draft law will be that the activities of all cadet educational organizations will be considered illegal amateur activities, and these organizations will objectively be able to function “until the first arrival” of the supervisory authorities.

Cadet education is far from being limited to the students' special uniforms and classes in military history and military-applied subjects. This is a number of specific requirements for the content of education, for programs, discipline, this is an emphasis on civil-patriotic and military-patriotic education and, especially, upbringing. If the legal possibilities for the implementation of these relations are not fixed in the draft law, then questions will inevitably arise about the legitimacy of this educational activity.

The repeatedly voiced argument that if the draft law does not establish a ban on cadet education, then, therefore, the implementation of such education is not prohibited, cannot be recognized as solid and convincing, since an independent type of educational program (cadet education) with essential features should be directly fixed in the proposed law. After all, there are no questions regarding the expediency and validity of fixing the features of the implementation of some other types of educational programs in Chapter 11 of the bill.

Implemented by the current federal state educational standard of basic general education, the reduction of part of the main educational program formed by the participants in educational relations, for the most part, to extracurricular forms does not make it possible to implement cadet education in general educational organizations at the expense of this part of the main educational program. And therefore, the legal foundations and features of the implementation of cadet education programs should be reflected in this federal law.

2.6. The bill does not contain mechanisms for the civil and patriotic education of students.

As one of the basic principles of state policy and legal regulation of relations in the field of education, Article 3 establishes " education of citizenship and patriotism”, but this provision does not receive any support and development in the future in the bill, remaining an empty, decorative declaration.

3. The bill does not necessarily guarantee the rights and legitimate interests of believers and religious organizations of religions historically represented in Russia.

On this range of issues, the draft law contains some positive aspects. For example, Article 90 enshrines a number of important guarantees, including: establishing the requirement for teaching courses, subjects, disciplines (modules) of theological orientation by pedagogical workers from among those recommended by the relevant centralized religious organization (part 2 of Article 90); legal rule about attracting of the relevant centralized religious organizations to the educational and methodological support of training courses, subjects, disciplines (modules) aimed at obtaining knowledge by students about the fundamentals of the spiritual and moral culture of the peoples of the Russian Federation, moral principles, historical and cultural traditions of the world religion (world religions), about the basics confessional doctrine, as well as training courses, subjects, disciplines (modules) of theological orientation (part 3 of article 90) - however, with the obvious uncertainty of the meaning of the concept " attraction”(and the ambiguity of what exactly they are “involved” in - development, approval or simple familiarization), which allows arbitrarily interpreting and applying this rule.

We also note the consolidation in the draft law of the right of educational organizations of religious organizations, spiritual educational organizations to establish additional conditions for admission to training provided for by this law, the rights and obligations of students, the grounds for their expulsion, arising from the internal regulations of religious organizations (centralized religious organizations), administered by which these organizations are located (part 5 of article 90), some others.

Together, these legal norms contribute to the constructive interaction between the state and religious organizations in the field of education, create certain mechanisms for protecting the education system from the introduction in schools of the teachings of non-traditional religious groups (referred to by some experts as “sects”) or extremist ideologies under the guise of teaching religious culture and / or knowledge about religion or religious culture. It seems reasonable to believe that only the bearers of religious traditions - representatives of religious organizations of religions historically represented in Russia (and not officials or vulgar secular "religious scholars") are capable of skillfully shaping the content of teaching knowledge about these religions, and therefore they should be granted such a right. .

However, the merits of the draft law in this part are exhausted by the norms of Article 90. Other legal norms formally related to these issues relate mainly to issues of secondary importance or are vague in content, which does not meet the interests of the Russian Orthodox Church and other major religious organizations of religions historically represented in Russia, does not sufficiently guarantee the implementation and protection of their legitimate interests and legitimate interests believers of these organizations. At the same time, the following significant issues are not resolved in the draft law.

3.1. The legal grounds and mechanisms for integrating the confessional systems of professional religious education of the religions historically represented in Russia into the national Russian education system as a whole have not been established.

First of all, the draft law does not establish legal grounds for the state recognition of diplomas issued and previously issued by spiritual educational organizations and other educational organizations (institutes, universities) of the Russian Orthodox Church and other major religious organizations of religions historically represented in Russia.

In all Western European countries, the state automatically recognizes, through legislatively fixed mechanisms, as well as through agreements, diplomas and other educational documents issued by confessional educational organizations (historically represented religions). But the developers of this bill rejected such a civilized and democratic solution to this problem.

There is also no legal possibility of establishing a special legal status for spiritual educational organizations that have gained worldwide fame and authority (for example, the Moscow Orthodox Theological Academy and the St. Petersburg Orthodox Theological Academy), a number of Orthodox universities (including St. the state of their diplomas (those that are not issued in accredited areas of training), state support for the educational activities of such educational organizations.

3.2. The disadvantage of the draft law is the lack of fixed definitions of the concepts "professional religious education", "religious education", "theological education", "spiritual education", which leads to ambiguity for the law enforcer of the relationship of these concepts and creates conditions for the preservation of legal uncertainty and practical problems in the indicated questions.

3.3. The provisions of the draft law regarding the study of religion and religious culture, as well as theological education and the activities of spiritual educational organizations, have a clear conceptual ideologization inherent in the atheistic attitude towards religious education in the Soviet period of the history of our country.

The wording of part 2 of article 49 of the bill: “ Teaching staff are prohibited from using the educational process ... for agitation promoting exclusivity ... of citizens on the basis of ... religious ... affiliation, their attitude to religion, including by providing students with false information about the historical, national, religious and cultural traditions of peoples ..."- carries a significant anti-religious potential, in fact prohibits any study of knowledge about religion and religious culture in schools and universities, except in the form of vulgar secular religious studies.

The question of who and how will validate « information about the historical, national, religious and cultural traditions of peoples”, is debatable and does not have an unambiguous solution. This wording, obviously unacceptable for the law, contradicting the rules of legislative technique, creates an unreasonably wide margin of discretion when it is used by officials of executive authorities in the field of education and heads of educational organizations.

The absence in the legislation of the Russian Federation of a clear and clearly defined definition of the concept of "agitation", which is due to the properties of the phenomenon itself, denoted by this concept, as a result of which this concept has a semantically vague meaning (all the more so, the tautological lexical construction " propaganda”), - completely exclude the admissibility of the legislative establishment of a ban on “agitation” of exclusivity on the basis of attitude to religion without specifying what exactly is meant, since the essence of the phenomenon of religion is that absolutely every religion, any religious movement postulates and articulates its exclusivity ( exceptional salvation for the human soul, exceptional truth, exceptional spirituality, etc.). This wording is significantly at odds with the norm of Part 2 of Article 29 of the Constitution of the Russian Federation, which prohibits propaganda of social, racial, national, religious or linguistic superiority. Therefore, the use of the word "exclusivity" seems to be incorrect.

The provision under discussion is most likely aimed at the forced transformation of theology into a vulgar-secularist "religious science" (which, as they say, will not be unacceptable "agitation"), attempts of which have been systematically undertaken over the past few years by the leadership of the Russian Ministry of Education and Science.

In recent years, attempts have been repeatedly made to eliminate state educational standards in theology, including by including theology in an enlarged specialty in philosophy or in religious studies. Taking into account the significant anti-extremist educational and cultural value potential of theology as a science and as a direction of higher professional education, acquired over two decades of successful development of teaching theology in Russian universities and conducting relevant scientific research experience, it is impossible to allow the elimination of theology under quasi-legal or financial pretexts, and in fact - for ideological reasons.

3.4. The draft law does not establish proper legal mechanisms for the provision by the state of financial, material and other assistance to religious organizations in ensuring the teaching of general education disciplines in educational organizations (“institutions”) created religious organizations(according to paragraph 3 of Article 4 of the Federal Law "On Freedom of Conscience and Religious Associations" dated September 26, 1997 No. 125-FZ).

3.5. Although Article 90 is titled " Features of studying the foundations of the spiritual and moral culture of the peoples of the Russian Federation. Features of obtaining theological and religious education ”, the legal foundations for the organization and implementation of theological education in this article are established in a completely insufficient volume.

Part 2 of Article 90 establishes the requirement for teaching courses, subjects, disciplines (modules) of theological orientation by pedagogical workers from among those recommended by the relevant centralized religious organization, as well as requirement in the implementation by educational organizations of higher education of the main educational programs of higher education in the areas of training in the field of theology in accordance with federal state educational standards, in the development of these educational programs - take account of exemplary basic educational programs of higher education in the areas of training in the field of theology, which have passed an examination in a centralized religious organization for the compliance of their content with the dogma, historical and cultural traditions of this centralized religious organization in accordance with its internal regulations. The very ambiguous word " take account of” makes its use completely arbitrary and can cause problems.

Part 3 of Article 90 establishes the requirement to involve the relevant centralized religious organizations in the educational and methodological support of theologically oriented courses, subjects, disciplines (modules), however, the content of this legal norm due to the use of the vague word “ involved» is not clear and does not meet the interests of those organizations whose representatives will be involved, since they have absolutely no guarantees to somehow influence the content of the specified methodological support: they can be invited, listened to, even accept their written proposals, and then do everything, as desired by officials.

Contrary to the repeated demands of the country's leadership, the draft law fundamentally ignores the issue of integrating theology into the state system of certification of scientists, that is, the issue of introducing the academic degrees of candidate and doctor of theology, without reducing them to other scientific qualification (or professional qualification, such as MPA) degrees.

For at least 12 years, through all sorts of administrative tricks, the solution to the problem of the absence in the state system of attestation of scientific and scientific-pedagogical personnel of scientific degrees and academic titles in theology has been delayed, which leads to a violation of the academic rights of theologians in Russia and to their discrimination in comparison with foreign doctors of theology whose qualifications are recognized in the Russian Federation in accordance with the documents of the Bologna process. This problem has not been resolved in the bill under consideration.

Part 5 of Article 90, which establishes the right of educational organizations of religious organizations, religious educational organizations to establish additional conditions for admission to training, the rights and obligations of students, the grounds for their expulsion, arising from the internal regulations of religious organizations (centralized religious organizations), in addition to those provided for by the drafted federal law, in which these organizations are in charge of, does not apply to educational organizations (and their structural subdivisions) that implement theological education, since theological faculties of state educational organizations of higher education are not spiritual educational organizations and not educational organizations of religious organizations. This means that in their case there will be no legal possibilities to establish additional conditions for admission to training, the rights and obligations of students, the grounds for their expulsion, arising from the internal regulations of the relevant centralized religious organizations.

3.6. revealing the very title of article 90 - " Features of studying the foundations of the spiritual and moral culture of the peoples of the Russian Federation. Features of obtaining theological And religious education ”, which semantically erroneously distinguishes (through the union “and”) the concepts of “theological education” and “religious education”. Theological education is most definitely a form of religious education. There are secular forms of theological [religious] education, and there are non-secular ones. The lexical distinction between these concepts in the title of Article 90 is completely unfounded and is aimed at creating conditions for the emasculation of the content of theological education in Russia and its transformation into vulgar secular religious studies.

3.7. From version No. 3.0.4 of the draft law dated March 27, 2012, the previously existing (in version No. 3.0.3 dated December 30, 2011) part 6 of Article 90, which determined the features of licensing the educational activities of educational organizations of religious organizations, spiritual educational organizations and their state accreditation, was excluded. Instead, the relevant norms, in an amended form, were dispersed throughout the bill (Part 10 of Article 94, Parts 2 and 7 of Article 95).

At the same time, there is not a word about federal state requirements (within the meaning of paragraph 33 of Article 2) in relation to licensing and state accreditation of spiritual educational organizations and educational organizations of religious organizations. Nothing is said about educational organizations established by non-centralized religious organizations, but recognized as such.

3.8. A significant drawback of the draft law is the lack of a provision in it that the Russian Federation adopts federal state educational standards in the areas of higher professional education "Theology" and federal state requirements for educational programs for professional retraining and other additional professional educational programs in theology of religions specified in the preamble Federal Law "On Freedom of Conscience and Religious Associations" and are an integral part of the historical heritage of the peoples of Russia.

The absence of such clarifying norms will create an opportunity for religious sects to demand from authorized government agencies standardize their "theological education".

3.9. The reference norms available in Articles 94 and 95 of the draft law to “ regulation on licensing educational activities"- in relation to the details of the procedure for licensing spiritual educational organizations, educational organizations of religious organizations (part 10 of article 94), as well as to the procedure approved by the Government of the Russian Federation" Regulations on state accreditation of educational activities» - in relation to the details of the procedure for state accreditation of the educational activities of spiritual educational organizations, educational organizations of religious organizations (parts 7 and 22 of Article 95) - are unreasonable and legally incorrect. The legal basis for licensing should be established directly in the draft law.

In particular, directly in the draft law it is necessary to fix the norm according to which, when licensing a professional religious education organization, the license applicant is counted in compliance with the licensing requirements and conditions: 1) the presence of buildings, structures and structures, equipped educational premises, other objects necessary for the implementation of educational activities according to educational programs of the declared level and focus that meet the requirements established in accordance with the legislation of the Russian Federation and are owned or on other legal grounds by the religious organization (centralized religious organization) that created this educational organization, or by the centralized religious organization, the structure of which includes the specified religious organization , or any other religious organization that is part of the structure of this centralized or superior centralized religious organization; 2) the presence in the state of the license applicant or the involvement by him on another legal basis of pedagogical workers who have documents on education and (or) qualifications, as well as on academic degrees and (or) academic titles issued by this organization of professional religious education or recognized by it in accordance with the procedure established by the religious organization that created this educational organization, on a par with persons who have state diplomas of education and (or) qualifications, as well as academic degrees and titles provided for by the system of state certification of scientific and scientific and pedagogical workers.

The absence of such provisions directly in the draft law causes a high risk that General requirements when licensing an educational organization, they will be extended to educational organizations of professional religious education (spiritual educational organizations), which, given their specifics, will lead to a significant and, in fact, artificially created difficulty for such educational organizations to pass licensing.

An analysis of the above legislative innovations allows us to conclude that together they significantly worsen the legal and actual situation of educational organizations created by religious organizations or recognized by them, primarily organizations implementing educational programs of theological education.

4. The draft law does not properly and to the extent necessary guarantee the activities and development of non-state educational organizations.

The special legal status of non-state general educational organizations and preschool organizations of various forms (gymnasiums, lyceums, schools, boarding schools, etc.) with a religious and cultural component of education (within the meaning of part 4 of Article 90) (Orthodox, Muslim, etc.) is not provided with the necessary legislative guarantees. .d.), as well as issues of financial support, preferential provision of premises and other forms of state support for such educational organizations.

5. The draft law does not contain sufficient guarantees of decent remuneration for the work of the teaching and teaching staff (teaching staff).

Part 2 of Article 103 of the bill, establishing: " The state authorities of the Russian Federation and the constituent entities of the Russian Federation provide financial support for the provision of public services in the field of education based on ensuring the level of secondary wages teaching staff of educational organizations of all types not lower than the average wage of employees employed in the economy subject of the Russian Federation in whose territory educational organizations are located”- is an unconditional step forward, compared with the current Law of the Russian Federation “On Education”, but does not take into account that the average salary of pedagogical workers is formed based on their objectively existing overload. Most teaching staff either take one and a half rates (in schools) or work in several places (part-time or on an hourly wage basis). That is, objectively, the amount of remuneration for teaching staff is set by the bill below the average wage of workers employed in the economic sphere of a constituent entity of the Russian Federation.

The bill as a whole lacks the proper and expected guarantees and measures social protection pedagogical workers.

6. The bill does not contain restrictions on wages and other payments to the management of educational institutions of higher education. Nothing is said about this either in Article 53 “Legal Status of Heads of Educational Institutions” or in other articles of the draft law.

The absence of such restrictions at the present time directly contributes to the huge difference between the incomes of rectors and their deputies and the remuneration of the teaching staff, which negatively affects the quality of education. The teaching staff is simply not interested in devoting themselves completely to working with students - both because of the beggarly (by European and Russian standards) wages, and because they see the scale of the "educational business" and often unreasonable enrichment of the leadership of educational institutions of higher education.

7. The draft law lacks concretizing norms and legal mechanisms for the implementation of the declaration enshrined in it on the state-public nature of education management (paragraph 9 of article 3).

The existing provisions of the draft law on the state-public nature of education management do not meet the requirements of today, do not take into account the positive experience gained in democratic rule-of-law states (USA, France, Germany, and many others).

In particular, the draft law does not provide for appropriate legal mechanisms for public control over the content of education at school, which is currently particularly relevant in the context of the massive use in Russian schools of textbooks that do not meet the quality requirements, and even manuals containing extremist information. or frankly obscurantist anti-scientific character.

Article 98 "Independent assessment of the quality of education", which establishes the legal grounds and forms for an independent assessment of the quality of education in organizations engaged in educational activities, and the educational programs they implement, carried out by organizations included in a special register of such organizations, will be an ineffective means of monitoring the quality of education, in fact - its imitation, since it does not contain specific requirements for the process of assessing the quality of education, for its content, but most importantly - for the qualifications of persons producing such quality assessments, and regarding the legal consequences of such quality assessments.

Article 99 “Public Accreditation of Organizations Carrying out Educational Activities. Professional and public accreditation of educational programs” of the bill.

The very idea of ​​public professional-expert accreditation of educational institutions deserves support, but its implementation in the draft law is unsatisfactory.

The absence in Article 99 of norms establishing at least the minimum procedural requirements for conducting public accreditation of organizations engaged in educational activities, and for compiling ratings of publicly accredited educational programs and organizations implementing them, at least minimal indications of the criteria for such rating (the draft only states that such ratings should be based on " reliable and objective data”, without any norms aimed at ensuring their reliability and objectivity), turns this potentially effective mechanism into a habitual and long-practiced means in Russia of extracting profit from the arbitrary construction of "ratings" with the sale of the best rating places for money.

Since, as stated in the last paragraph of paragraph 1 of Article 99, “ the procedure for public accreditation and the rights granted to an accredited organization carrying out educational activities, are determined by the public organization conducting it ”, no one has the right to dictate to this “rating” how he builds his ratings.

It is also not clear what motivates the reduction of part 1 of Article 99 of the circle of organizational and legal forms of organizations, which are allowed by the draft law to carry out public accreditation of organizations engaged in educational activities, exclusively to only one form - a public organization. Why is this denied to public foundations or public institutions, other types of public associations and, more broadly, non-profit organizations? Nothing else but the fact that the developers of the bill simply do not know the Federal Law of 05/19/1995 No. 82-FZ (as amended on 07/01/2011) "On Public Associations" and the Federal Law of 01/12/1996 No. 7-FZ (as amended. dated November 16, 2011) “On non-profit organizations”, it is not possible to explain such a restriction.

Part 2 of Article 99, states that " associations of employers (employers) of relevant industries and (or) types of activities, professional communities and (or) organizations authorized by them have the right to carry out professional and public accreditation of professional educational programs implemented by an organization engaged in educational activities". But since there can be several associations of employers even in one branch of professional relations, and at the same time, the legal consequences of their “professional public accreditation”, as well as the criteria for such accreditation are not established by the draft law, all this also has a high probability of turning into a business in a number of industries. -mechanisms, a new type of corrupt activity, and somewhere as a means of blackmailing the heads of universities by the "ratings".

The wording of paragraph 3 of Article 99, establishing that " information about the organization carrying out educational activities, public accreditation, professional public accreditation is submitted to the accreditation body and considered during state accreditation”, - is dispositive in nature, and the specified consideration of the results of such public accreditation by the state accreditation body is not mandatory and, judging by the specified norm, does not entail any legal consequences, for example, unscheduled inspections by state control bodies of those educational organizations whose ratings allow suggest a low quality of education in them.

That is, instead of a constructive mechanism, Article 99 contains the prerequisites and incentives for the formation of new corrupt practices.

Article 97 "Pedagogical expertise", which provides for the "pedagogical expertise" of draft regulations and regulations affecting the issues of education and upbringing, raises not just too many questions, but downright bewilderment. It would be understandable if a comprehensive examination were envisaged, including both a legal analysis and an analysis of the psychological and pedagogical consequences of certain legislative provisions regulating the content of education. But what is the pedagogical examination of a normative legal act, it is clear, apparently, only to the authors of this article of the bill. There is an obvious confusion in the subject of pedagogy. By analogy with this approach, is it possible for veterinarians to provide veterinary expertise of regulatory legal acts in the relevant field?

8. The draft law actually breaks inextricably linked in practice the legal regulation of doctoral training and the legal regulation of the defense of a doctoral dissertation and the award of the scientific degree of Doctor of Science, and the same situation is with respect to postgraduate training and the defense of a candidate's dissertation and the award of the degree of candidate of science. Part 4 of Article 72, Part 4 of Article 27, Clauses 4 and 10 of Part 1 of Article 34, Clause 5 of Part 1 of Article 113 of the draft law concerning these points leave more unresolved issues than clarify something on the merits.

It is clear that the requirements for dissertations for a degree, and the requirements for the defense procedure, go beyond the legal regulation of educational relations, but these are relations directly related to educational relations. And to ignore them in the bill is counterproductive.

Doctoral studies are not included in the draft law among the levels of education. The status of graduate school is established by the draft law in a very vague way.

9. The legal regulation of the concept, structure and content of federal state educational standards, established by part 4 of article 11 of the bill, cannot be considered satisfactory, limited only to the following unacceptably brief and non-specific description: “ Federal state educational standards include requirements for: 1) the structure of the main educational programs, including the requirements for the ratio of the mandatory part of the main educational program and the part formed by the participants in educational relations, and their volume; 2) conditions for the implementation of basic educational programs, including personnel, financial, logistical and other conditions; 3) the results of mastering the main educational programs».

We reasonably believe that it is necessary to fix in the draft law itself the requirement to allocate at least 25-30 percent of the total amount of class time provided for by the standards of school education and the corresponding basic curricula to the variable part (formed by the participants in the educational process) of the main educational program, while guaranteeing the impossibility significant reduction of this variable part to an extracurricular form.

The absence of such guarantees creates legal conditions for the actual elimination of a part of the main educational program formed by the participants in the educational process, since in the federal state educational standards of primary general education and basic general education this has already been reduced for the most part to an extracurricular form.

It should be clearly stated that the compulsory part of the basic educational program of primary general and basic general education is not more than 75 percent, and the part formed by the participants in the educational process is not less than 25 percent of the total volume of the basic educational program of general education, regardless of the number of days in as part of the school week (five- or six-day school week). At the same time, it should be fixed that the ratio of the volume of extracurricular forms of education within the framework of the part of the main educational program of general education, formed by the participants in the educational process, to the total volume of this part is established by the participants in the educational process independently, but cannot be less than the ratio of the volume of extracurricular forms of education within the framework of the mandatory part the main educational program of general education to its total volume.

10. The wording of Part 6 of Article 56 creates direct prerequisites for violating the rights of citizens to receive education, according to which: “ The rules for concluding an agreement on education and the provision of paid educational services are approved by the Government of the Russian Federation". The legal basis for the conclusion of this agreement, including the rules binding on the parties (which the agreement must comply with), which, based on Part 3 of Article 55 of the Constitution of the Russian Federation, must be regulated precisely and only by federal law, in order to avoid violations of the constitutional rights of citizens in the field of education. In conditions when the draft law already creates the widest opportunities for the use of contracts for the provision of educational services for a fee, attributing the solution of such an important issue as the rules for concluding said agreement, completely to the level of a by-law is not permissible.

The draft federal law under consideration also has many other significant shortcomings.

Output. The draft federal law "On Education in the Russian Federation" (version 3.0.4 dated March 27, 2012) has many significant shortcomings that require its thorough revision and lead to the conclusion that it is premature to introduce it into State Duma.

Doctor of Law, Professor of the Department of Legal Support of State and Municipal Service of the International Institute of Public Service and Management of the Russian Academy of National Economy and Public Administration under the President of the Russian FederationIgor Vladislavovich PONKIN

Doctor of Law, Professor of the Department of Financial Law of the Financial University under the Government of the Russian FederationAlexander Grigorievich BOGATYREV

Doctor of Law, Professor of the Department international law Faculty of Law. M.M. Speransky Russian Academy national economy and public service under the President of the Russian Federation Mikhail Nikolaevich KUZNETSOV

See for example: Ponkina A.A. The rights of patients. Constitutional legal research. - Saarbrücken: LAP Lambert Academic Publishing GmbH & Co. KG, 2012. - 143 p.

Order of the Ministry of Education and Science of Russia dated October 6, 2009 No. 373 (as amended on September 22, 2011) “On approval and implementation of the federal state educational standard for primary general education” (Registered in the Ministry of Justice of the Russian Federation on December 22, 2009 No. 15785), Order of the Ministry of Education and Science of Russia dated December 17. 2010 No. 1897 "On approval of the federal state educational standard for basic general education" (Registered in the Ministry of Justice of the Russian Federation on 01.02.2011 No. 19644).

Compliance with social cultural demand, based on the cultural traditions of the peoples of the country, focus on the reproduction and development of national culture.

Order of the Ministry of Education and Science of the Russian Federation of December 17, 2010 No. 1897 “On approval of the federal state educational standard for basic general education” (Registered in the Ministry of Justice of the Russian Federation on February 1, 2011 No. 19644).

Meanwhile, this was repeatedly discussed and expected from the draft law, for example, by analogy with the Decree of France No. 2009-427 of 04/16/2009, adopted on the basis of the Agreement of 12/18/2008 between France and the Vatican on the mutual recognition of academic degrees and diplomas in the field of higher education. Thus, Article 1 of the said Agreement established “mutual recognition of terms of study, academic degrees and diplomas of higher education issued under the control of the competent authorities of one of the Parties, for continuing education at the same or more high level in institutions of higher education of the other Party”, as well as “recognition of academic degrees and diplomas of higher education obtained under the control of the competent authorities of one of the Parties by the competent authorities of the other Party”. According to Article 2, the Agreement is applicable for French higher education - to higher education degrees and diplomas awarded and issued by institutions of higher education controlled by the state; for Catholic universities, ecclesiastical faculties and institutions of higher education duly authorized by the Holy See, to the degrees and diplomas which they award and issue in the disciplines listed in the Additional Protocol.

Opinion on the bill of 2002

Conclusion of the State Duma Committee
State Dumas for Health Protection
on the draft federal law No. 239562 - 3 "On the introduction of amendments and additions to certain legislative acts of the Russian Federation aimed at protecting the life of unborn children",
submitted by State Duma deputy A.V. Chuev

The author proposes to make changes and additions to two laws:
Paragraph 1) of the draft law is proposed to be supplemented Article 36 of the Fundamentals of the Legislation of the Russian Federation on the Protection of the Health of Citizens a list of social indications for artificial termination of pregnancy from two points, namely:
the presence of a court decision on the deprivation or restriction of parental rights, pregnancy as a result of rape.

The Committee does not support this proposal and considers it appropriate to retain the current rules, established by Part 3 of Article 36 of the Fundamentals of the Legislation of the Russian Federation on the Protection of the Health of Citizens, in accordance with which the list of medical indications for artificial termination of pregnancy is determined by the Ministry of Health of the Russian Federation, and the list of social indications - by a regulation approved by the Government of the Russian Federation.

Currently, the issue is regulated in the legislation, and there is no need to change the existing rules. Decree of the Government of the Russian Federation of August 11, 2003 No. 485 approved a list of social indications for artificial termination of pregnancy, containing 4 points, two of which are identical to the author's proposals, the Committee has no objections to the other 2 points:

• the presence of a court decision on the deprivation or restriction of parental rights;
• pregnancy as a result of rape;
• stay of a woman or her husband in places of deprivation of liberty;
• the presence of a disability of I - II groups in the husband or the death of the husband during pregnancy.

Moreover, the introduction of a list of social indications for artificial termination of pregnancy into the law will require, by analogy, the introduction into the law of a list of medical indications indicating the names of diseases and pathological conditions. We believe that there is no need to introduce purely medical terminology into the law.

In paragraph 2) of the draft law, the author proposes amendments and additions on the prohibition of advertising artificial termination of pregnancy in Article 16 of the Federal Law "On Advertising", however, in the author's wording, these additions do not fit into the text of this article, which is also indicated by the Conclusion of the Legal Department of the State Duma, moreover, questions about the placement of information are not subject to regulation by the Federal Law "On Advertising".

There is a negative review of the draft law by the Government of the Russian Federation and comments by the Legal Department of the State Duma.

In view of the foregoing, taking into account the negative official opinion of the Government of the Russian Federation and the opinion of the Legal Department of the State Duma on the said draft law, The Committee proposes to the State Duma to reject the bill.

Opinion on the bill of 2004

Conclusion of the State Duma Committee on Health Protection

Conclusion

on the draft federal law No. 104945-4 "On the introduction of amendments and additions to the Fundamentals of the Legislation of the Russian Federation on the protection of the health of citizens", which provides for a ban on the financing of abortions under compulsory medical insurance programs, introduced by State Duma deputy A.V. Chuev
(first reading)

The amendments and additions proposed by the author of the bill to Article 36 of the Fundamentals of the Legislation of the Russian Federation on the Protection of the Health of Citizens in terms of excluding artificial termination of pregnancy at a gestational age of up to 12 weeks and for social reasons from compulsory medical insurance programs means the transfer of these services to the category of paid medical services, which will immediately lead to an increase in the number of non-medical interventions for abortion, an increase in the number of criminal abortions, especially among the socially unprotected category of young women. This will lead to an increase in abortion mortality, an increase in the number of inflammatory diseases and a deterioration in the reproductive health of women in general.
Moreover, the proposed amendments and additions limit the rights of women to independently choose the solution to the issue of motherhood, which is contrary to part 1 of this article. The bill is not supported by the Government of the Russian Federation. More than 50 constituent entities of the Russian Federation sent feedback on the bill, including not a single positive opinion.

The conclusion of the Legal Department of the State Duma contains significant comments and an indication of the violation of the constitutional rights of women to health and medical care, which in state and municipal health care institutions is provided to citizens free of charge at the expense of the federal budget, insurance premiums and other revenues.

In view of the above, the Committee does not support this draft law and recommends that the State Duma reject it.

Chairman of the Committee T.V. Yakovlev

Committee Decision

On the draft federal law No. 104945-4 "On introducing amendments and additions to the Fundamentals of the Legislation of the Russian Federation on protecting the health of citizens", which provides for a ban on the financing of abortions under compulsory medical insurance programs, introduced by State Duma deputy A.V. Chuev.

THE COMMITTEE DECIDED:

1. Approve the conclusion on the specified bill and propose to the State Duma to reject the bill.
2. Send the bill and materials to it to the Council of the State Duma for inclusion in the agenda on March 17 for consideration in the first reading.
3. Kazakov Boris Anushevanovych shall be appointed as a Co-Rapporteur on the said draft law from the Committee.

Expert opinion on the draft federal law

"On self-regulatory organizations"

The bill "On Self-Regulatory Organizations" provides for the regulation of relations arising in connection with the creation, operation and termination of the activities of self-regulatory organizations (SROs). As follows from the explanatory note , the bill is aimed at implementing a unified state policy to protect the interests of business entities . The very first articles of the draft law contain the concept of self-regulation and self-regulatory organizations. The draft law proposes to understand self-regulation as an independent and initiative activity subjects of entrepreneurial or professional activity, the content of which is the development and establishment of rules and standards for entrepreneurial or professional activity, as well as monitoring their observance. Self-regulatory organizations (SROs) are proposed to recognize non-governmental non-profit organizations created for the purpose of self-regulation on the terms of participation (membership), uniting subjects entrepreneurial activity on the basis of the unity of the industry or market of manufactured goods (works, services) or uniting subjects of the same type of professional activity. According to the draft law, the subjects of self-regulation carried out by SROs are the entrepreneurial or professional activities of the persons united in them.

As follows from the bill, SROs will independently develop and establish rules and standards for entrepreneurial and professional activities for their members and monitor their observance. For non-compliance with the developed rules, SROs can apply certain measures of responsibility to their members. The draft law does not contain a list of liability measures that can be applied by SROs to "violators", however, they will not be of a financial nature and will be expressed, for example, in exclusion from SRO members, etc. The bill also provides for a number of obligations of SROs to disclose information both about the activities of the SRO as a whole, and about its participants. The bill also establishes a ban on the implementation of SROs of entrepreneurial activities that are the subject of self-regulation for this SRO. As expected, the association in the SRO will contribute to improving the integrity of the subjects of entrepreneurial (professional) activity.

It should be noted that today the possibility of creating an SRO is already provided for by the current legislation of the Russian Federation (there are SROs of professional participants in the securities market, arbitration managers, etc.). At the same time, issues related to the regulation of the activities of SROs are contained in special laws regulating the scope of activities of SRO participants (Law "On the Market valuable papers"etc.). In this regard, today there are opinions that there is no need to adopt a single law for all self-regulatory organizations, since the areas of activity of their participants are so specific that, as a result, the law will contain only declarative, general and ineffective norms. Of course, certain meaning There are concerns expressed, but it would be wrong to deny that all SROs have much in common and the regulation of such provisions in one law should have a positive impact on the effectiveness of their activities. Thus, a bill on self-regulatory organizations is needed today, but a number of its provisions need to be clarified.

1. In accordance with the draft law, a non-profit organization is recognized as self-regulating only if it meets all the features and requirements established by the draft law in the aggregate. At the same time, Article 19 of the draft law provides for the maintenance of a unified state register of self-regulatory organizations, the procedure for maintaining which and the body responsible for maintaining it will be determined by the Government of the Russian Federation. For the inclusion of the organization in the registry is expected to charge a fee. A non-profit organization that meets the requirements established by the draft law will be included in the register on the basis of its application and subject to the provision of a number of documents listed in the draft law.

Thus, there is no special procedure for registering an SRO; it is assumed that they must be created in the form of non-profit organizations and registered in the prescribed manner. In order for an organization to be recognized as self-regulatory, it must be included in the appropriate register. In this regard, it should be noted that the draft law does not clearly regulate many issues related to the inclusion of SROs in the relevant register. Thus, the procedure is not clear, according to which the authorized body will decide that the organization meets the requirements of the draft law for SROs. The question of what consequences come for an organization that has already included the word "self-regulatory" in its name during state registration, but is not included in the register due to non-compliance with the requirements for SROs, remains unclear. Will such an organization be given the right and time to eliminate existing violations, or will it have to remove this word from its name?

2. The draft law provides that the regulatory bodies (by which, apparently, the relevant state bodies are meant) send to the SRO draft regulatory legal acts prepared by them on the implementation of entrepreneurial or professional activities in accordance with the subject of self-regulation of its participants. SROs, in turn, within ten days from the date of receipt of draft regulatory legal acts, send conclusions to regulatory bodies based on the results of their examinations of draft regulatory legal acts. Draft regulatory legal acts are submitted for their approval (adoption) together with the conclusion of the SRO.

This norm is certainly positive and should facilitate the participation of entrepreneurs through SROs in the lawmaking process. However, the draft law does not clearly regulate the procedure for submitting draft regulatory legal acts, taking into account the opinion of SROs, etc. Therefore, based on the fact that SROs unite professionals in the field where they carry out self-regulation, it seems possible to establish in the draft law the obligation of state bodies to consider their conclusions on draft regulatory legal acts and in case of rejection or disagreement with the conclusions of the SRO, to argue their position.

3. In accordance with the draft law, regulatory authorities must send information to the SRO on the results of inspections of the entrepreneurial or professional activities of SRO participants, with the exception of information on inspections during which an act on the results of the control measure is not drawn up. However, this provision of the bill needs to be clarified. Firstly, it seems logical to send to the SRO the data of not all inspections carried out in relation to organizations included in the SRO, but only those relating specifically to the subject of self-regulation. Secondly, not all information contained in inspection reports is open. So, for example, some of the information contained in the act of conducting tax audit(on the financial and economic activities of the payer, etc.), may refer to a tax secret, which tax authority not entitled to disclose.

4. One of the criteria for recognizing an organization as self-regulatory is that an SRO has published rules and standards for business or professional activities that are mandatory for all SRO participants. At the same time, the bill does not specify where these rules and standards should be published: in official publications, in any print media, or it will be enough to post them on a website.

5. Significant revision of the draft law is necessary in terms of legal technique, as well as supplementing it with explanations and clarifications of a number of terms used in it. For example, the current legislation does not contain such phrases contained in the draft law as “functionally specialized bodies”, “official or working full or abbreviated name”, etc. The draft law establishes the procedure for interaction of SROs with regulatory authorities, but does not take into account that the current legislation does not contain criteria according to which any bodies are classified as regulatory, therefore it is necessary to clarify which bodies are being referred to in this case. Article 7 of the draft law establishes that the SRO is obliged to disclose relevant information by publishing it in the mass media and in the public information system in electronic digital form. By the latter, apparently, it is necessary to understand the Internet, however, such a name for it is incorrect and needs to be brought into line with the already used terminology. A number of articles of the bill talk about the possibility, under certain conditions, of imposing liability measures on participants in a self-regulatory organization, while it would be correct to talk about the application of liability measures and the imposition of penalties.

The foregoing allows us to speak about the need for a significant revision of the bill before its adoption in the first reading.

The expertise was prepared by the Foundation for the Development of Parliamentarism in Russia in August 2003.

Decree of the Government of the Russian Federation of April 30, 2009 N 389 (as amended on August 16, 2018) "On measures to improve the legislative activities of the Government of the Russian Federation" (together with the "Regulations on the legislative activities of the Government of the Russian ...

III. Procedure for submitting a bill to the Government

Russian Federation

25. Submission to the Government of the draft law and the materials provided for in clause 84 of the Regulations of the Government of the Russian Federation is carried out in accordance with the established procedure by the federal executive body or the organization - the main executor of the draft law.

26. Draft law and lists of regulatory legal acts necessary for the implementation of the relevant federal law, agreed with the interested federal executive authorities or organizations, as well as minutes of conciliation meetings (if there are disagreements), conclusions based on the results of an independent anti-corruption expertise (if any) and comments before being submitted to the Government, they are sent to the Ministry of Justice of the Russian Federation, as well as to the Institute of Legislation and Comparative Law under the Government of the Russian Federation.

The Ministry of Justice of the Russian Federation, when conducting a legal examination, also conducts an anti-corruption examination of the draft law, based on the results of which it issues an appropriate opinion. The opinion on the bill before it is submitted to the Government is signed by the Minister of Justice of the Russian Federation or his deputy and sent to the appropriate federal executive body or organization within 7 days from the date of receipt of the bill. Depending on the volume and complexity of the bill, by agreement between the Ministry of Justice of the Russian Federation and the relevant federal executive body or organization, a different period for preparing the opinion may be established, which cannot exceed 30 days.

(see text in previous edition)

The Institute of Legislation and Comparative Law under the Government of the Russian Federation sends an opinion on the bill to the appropriate federal executive body or organization within 15 days from the date of receipt of the bill.

A draft law prepared on the basis of an instruction or instruction of the President of the Russian Federation or an instruction of the Chairman of the Government, which contains a direct indication of the need to develop it in a short time (no more than 10 days), is sent for the appropriate examinations simultaneously with being sent for approval. At the same time, the term for conducting examinations should not exceed half of the term established by the instruction or instruction of the President of the Russian Federation or the instruction of the Chairman of the Government.

27. The draft law and the following materials are submitted to the Government for consideration:

a) a draft order of the Government on the submission of a bill to the State Duma and the appointment of an official representative of the Government when the bill is considered by the chambers of the Federal Assembly;

b) an explanatory note containing a statement of the subject of legislative regulation, the main idea of ​​the draft law and information on the compliance of the draft law with the provisions of the Treaty on the Eurasian economic union, as well as the provisions of other international treaties of the Russian Federation;

(see text in previous edition)

c) financial and economic substantiation of the decisions made, drawn up in accordance with clauses 53(1) and the Regulations of the Government of the Russian Federation (submitted in case of introduction of bills provided for by part 3 of Article 104 of the Constitution of the Russian Federation, as well as paragraph two of clause 53 of the Regulations of the Government of the Russian Federation) ;

(see text in previous edition)

d) a list of federal laws to be adopted, amended, suspended or declared invalid in connection with this draft law;

e) a list of normative legal acts of the President of the Russian Federation, the Government and federal executive bodies that are subject to recognition as invalid, suspension, amendment or adoption in connection with this draft law;

(see text in previous edition)

(see text in previous edition)

g) conclusion of the Institute of Legislation and Comparative Law under the Government of the Russian Federation.

28. The lists of normative legal acts necessary for the implementation of the federal law include the names of draft normative legal acts, the justification for the need for their preparation, the approximate time frame for preparation, a brief description of each act (the purpose, subject and content of legal regulation), as well as information about federal executive authorities and (or) organizations - the main executor and co-executors for the development of drafts of these acts.

(see text in previous edition)

29. The conclusion of the Ministry of Justice of the Russian Federation based on the results of legal expertise must contain the following information:

a) the subject of regulation and its compliance with the subjects of jurisdiction of the Russian Federation or joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, established by the Constitution of the Russian Federation (with an indication of the articles);

b) the state of normative regulation in this area, the necessity and sufficiency of the specified draft law and the list of normative legal acts necessary for the implementation of the relevant federal law, for the regulation of the affected public relations, taking into account the competence of the President of the Russian Federation, the Government and federal executive bodies;

c) assessment of the form of the draft law (new federal law, amendments to the current federal law, etc.) and compliance of its text with the rules of legal technique;

Question
Is it legal for experts to have sanitary and epidemiological conclusions on the conformity of the land plot included in the design documentation submitted for state expertise? Is the absence of these documents grounds for issuing a negative opinion? state expertise?

Answer: According to paragraphs 10(b) and 11 of the Regulations on the composition of sections of project documentation and the requirements for their content, approved by Decree of the Government of the Russian Federation dated February 16, 2008 No. 87, copies of initial permits established by legislative and other normative legal acts Russian Federation, including technical and urban planning regulations.

Thus, in accordance with Part 3 of Article 12 of the Federal Law “On the Sanitary and Epidemiological Welfare of the Population” dated March 30, 1999 No. 52-FZ, the provision of land for construction is allowed if there are sanitary and epidemiological conclusions on the compliance of the intended use of land sanitary rules. In the development of the said Federal Law, the sanitary and epidemiological rules SP 2.2.1.1312-03 " Hygiene requirements to the design of newly built and reconstructed industrial enterprises”, paragraph 3.2 of which determines that the site for the construction of the facility is selected at the pre-project stage.

Submission for state examination of not all documents stipulated by the legislation of the Russian Federation, in accordance with paragraph 24 of the Regulations approved by Decree of the Government of the Russian Federation dated 05.03.2007 No. 145, is the basis for refusing to accept project documentation.

Question
What is the maximum period of validity of the conclusions of the state expertise based on the results of engineering surveys and project documentation?

Answer: The current legislation on urban planning activities does not establish a period of validity of the conclusions of the state expertise.

Question
The list of documents submitted for state examination does not contain documents for the land and the town-planning plan of the land plot. Is this not required now?

Answer: On July 1, 2008, clause 11 of the Regulations on the composition of sections of project documentation and the requirements for their content, approved by Decree of the Government of the Russian Federation dated February 16, 2008 No. 87, came into force, according to which the section "Explanatory Note" as part of the project documentation submitted for state examination contain copies of the documents specified in subparagraph "b" of paragraph 10 of this Regulation. Among such documents are the approved and duly registered urban planning plan of the land plot, as well as documents on the use of land plots (which are not subject to urban planning regulations or for which urban planning regulations are not established), issued by authorized federal executive bodies, executive authorities subjects of the Russian Federation or local authorities.

Question
The organization for conducting the state examination demanded that a sanitary and epidemiological conclusion be submitted for consideration on the design of the calculated sanitary protection zone, taking into account the acoustic impact ( technological equipment, engineering equipment, transport) for night and daytime. Is such a requirement legitimate if there is no such draft in the list of documents submitted for examination?

Answer: According to clause 12(b) of the Regulations approved by Decree of the Government of the Russian Federation No. 87 dated February 16, 2008, section 2, as part of the design documentation submitted for state expertise, must contain documentation to justify the size of the sanitary protection zone.

In accordance with paragraph 5.1 of SanPiN 2.2.1 / 2.1.1.1200-03 "Sanitary protection zones and sanitary classification of enterprises, structures and other objects" for existing facilities, the size of the sanitary protection zone of which does not meet regulatory requirements, the administration of enterprises draws up action plans on the organization of a sanitary protection zone, which are coordinated by the institutions of the state sanitary and epidemiological service.

Question
Should an estimate be submitted as part of the design documentation for a major overhaul if the estimated cost does not exceed 250 thousand rubles? Is there a regulatory document regulating the limits of amounts for passing the state examination?

Answer: Design documentation for facilities capital construction is submitted for state expertise in accordance with the requirements of the Regulations approved by Decree of the Government of the Russian Federation dated February 16, 2008 No. 87. On the basis of paragraph 7 of the said Regulations, the section "Estimate for Construction" as part of the design documentation for capital construction projects financed in full or in part by budget funds, is developed and submitted for state expertise in full.

The estimated cost of the construction of an object is not a criterion that determines the need to submit budget documentation as part of the documents for the state examination.

Question
federal state unitary enterprise(developer) carries out reconstruction at the expense of federal funds under the federal target program. Is it allowed to conduct an examination of the relevant project documentation and the results of engineering surveys in the organization for the state examination of the constituent entity of the Russian Federation?

Answer: According to Part 4.2 of Article 49 of the Town Planning Code of the Russian Federation, if the projected object does not belong to the objects specified in paragraph 5.1 of Article 6 of the Town Planning Code of the Russian Federation, the state examination of project documentation and engineering survey results for such an object is carried out by the executive authority of the relevant subject of the Russian Federation or institution subordinate to him.

Question
Are all changes to the project documentation that have received a positive opinion from Glavgosexpertiza subject to re-examination? Or only those changes that affect the design and other characteristics of the reliability and safety of capital construction projects.

Answer: According to paragraph 44 of the Regulations approved by Decree of the Government of the Russian Federation No. 145 dated 05.03.2007, design documentation that has received a positive conclusion from the state examination may be resubmitted for state examination if changes are made to it in technical solutions that affect the structural reliability and safety of the capital facility. construction.

The part of the design documentation to which changes were made, as well as the compatibility of the changes made with the design documentation, in respect of which the state expertise was previously carried out, is subject to expert assessment during the repeated state examination.

If, after the initial (previous repeated) state examination, changes are made to the legislation of the Russian Federation that may affect the results of the state examination, peer review the submitted project documentation can be subjected in full.

Question
Which organization is authorized to conduct state expertise of a project for the development of a quarry of common minerals (development depth of more than 5 meters)?

Answer: According to Part 4.1 of Article 49 of the Town Planning Code of the Russian Federation, design documentation for facilities where mining operations are carried out is subject to state expertise for federal level- in FGU "Glavgosexpertiza of Russia" or its branches.

Question
We are an organization engaged in the development of project documentation. Currently, the preparation of project documentation has been completed and state expertise is required. Who is responsible for applying for an examination, if such an obligation is not fixed in the contract for the development of documentation between the customer and the contractor?

Answer: In accordance with Part 15 of Article 48 of the Town Planning Code of the Russian Federation, project documentation is sent for state expertise by the customer or developer.

According to paragraph 2 of the Regulations on the organization and conduct of state expertise, approved by Decree of the Government of the Russian Federation dated 05.03.2007 No. 145, an applicant for a state expertise may be a customer, developer or a person authorized by any of them.

2009-09-24 Question
Is the inspection of the technical condition of buildings and structures an engineering survey? Can a state examination be carried out only on building surveys?

Answer: According to the List approved by Decree of the Government of the Russian Federation dated January 19, 2006 No. 20, surveys of the condition of building structures of buildings and structures are classified as special types of engineering surveys.

In accordance with clause 13(e) of the Regulations on the organization and conduct of state expertise, approved by Decree of the Government of the Russian Federation dated 05.03.2007 No. 145, for the state expertise of the results of engineering surveys, the results of engineering surveys should be submitted in the composition and volume provided for by the engineering survey program, developed on the basis of the customer's task, taking into account the requirements technical regulations.

2009-09-24 Question
The general designer at the stage of production of works makes changes to the project documentation. Is a re-examination of project documentation necessary?

Answer: According to Part 7 of Article 52 of the Town Planning Code of the Russian Federation, if the parameters of a capital construction object deviate from the project documentation, the need for which was revealed in the process of construction, reconstruction, overhaul of such an object, such project documentation is subject to re-approval by the developer or customer after making appropriate changes to it in the manner established by the federal executive body authorized by the Government of the Russian Federation. In accordance with Part 15 of Article 48 of the Town Planning Code of the Russian Federation, the developer or customer, prior to the approval of project documentation, sends it for state expertise.

2009-09-24 Question
Is it necessary to submit an estimate section as part of the project documentation when submitting documents for state expertise, if the construction object is financed at the expense of the customer's own funds?

Answer: According to paragraph 7 of the Regulations approved by Decree of the Government of the Russian Federation dated February 16, 2008 No. 87, if the construction object is financed at the expense of the customer's own funds, the need and scope for the development of the Construction Estimate section are determined by the customer and are indicated in the design task. The presentation of this section as part of the documents for the state examination in this case is not regulated by the legislation on urban planning.

2009-09-24 Question
Is it required to conduct a state expertise in relation to investment justification documentation?

Answer: The current legislation on urban planning activities does not regulate the conduct of state expertise in relation to pre-project documentation for justifying investments.

2009-09-24 Question
The design documentation, which received a positive opinion from the Federal State Institution Glavgosexpertiza of Russia, has been amended in design solutions. Where should a repeated state examination be carried out: at the Federal State Institution “Glavgosexpertiza of Russia” or an agreement in regional administration Rostekhnadzor?

Answer: According to paragraph 44 of the Regulations on the organization and conduct of state expertise, approved by Decree of the Government of the Russian Federation dated 05.03.2007 No. 145, when making changes to the design documentation that received a positive conclusion from the state expertise, in terms of changing technical solutions that affect the structural reliability and safety of the object capital construction, such project documentation may be resubmitted for state expertise. At the same time, the specified paragraph establishes that a repeated state examination is carried out in the manner prescribed by the Regulations for conducting a primary state examination.

Thus, the place of the repeated state examination should be determined in accordance with the instructions of the Regulation approved by the Decree of the Government of the Russian Federation of 05.03.2007 No. 145.

2009-09-24 Question
Is the existence of an independent basis for the state examination of project documentation public funding works, provided that the complex of works envisaged by the project does not require a state expertise?

Answer: The legislation on urban planning activities does not establish a source of financing for the construction, reconstruction or overhaul of a capital construction object as a criterion determining the need for a state examination of project documentation and the results of engineering surveys for the object.

2009-09-24 Question
What normative documents define the requirements for the composition, content and procedure for issuing the conclusions of the state examination?

Answer: The requirements for the composition, content and procedure for issuing the conclusions of the state examination of project documentation and the results of engineering surveys were approved by order of Rosstroy dated 02.07.2007 No. 188.

2009-09-24 Question
Is it necessary to provide documentation on electronic media when submitting project documentation for examination, and is the absence of documentation on electronic media a reason for refusing to accept documentation?

Answer: In accordance with paragraph 18 of the Regulations on the organization and conduct of the state examination, approved by the Decree of the Government of the Russian Federation of 05.03.2007 No. 145, documents for the state examination are submitted on paper. The contract may stipulate that design documentation and engineering survey results may also be submitted on electronic media.

In order to ensure prompt consideration of project documentation and engineering survey results, the contract concluded at the Federal State Institution Glavgosexpertiza of Russia for the performance of expert work provides for the submission of one copy of the documentation on electronic media. The absence of an electronic version of the project documentation in the documents submitted for the state examination is not a basis for refusing to accept the documentation.

2009-09-24 Question
The customer has identified the general contractor as the applicant for the state examination construction organization. Is it necessary in such a situation for the applicant to have a license to perform the functions of a customer-developer in order to submit project documentation for state examination? Is it necessary to make changes to the approved design assignment in terms of indicating the applicant in it?

Answer: According to paragraph 2 of the Regulations on the organization and conduct of the state examination, approved by Decree of the Government of the Russian Federation dated 05.03.2007 No. 145, the applicant to the organization for the state examination, in addition to the customer or the developer, can be any person authorized by any of them who has applied with the appropriate application. Paragraph 13(i) of the said Regulation establishes that, if the applicant is not a customer (developer), his authority to act on behalf of the customer (developer) must be confirmed by documents in which the authority to conclude, modify, execute, terminate the contract for state expertise must be specifically stipulated.

2009-09-24 Question
What kind permits, submitted for the adoption of the project for examination, must be notarized?

Answer: Clause 11 of the Regulations on the composition of sections of project documentation and the requirements for their content, approved by Decree of the Government of the Russian Federation dated February 16, 2008 No. 87, establishes that the documents specified in subparagraph "b" of paragraph 10 of the said Regulations, or copies of these documents drawn up in the prescribed manner.

For clarification on the procedure for applying this Regulation, we recommend contacting the Ministry of Regional Development of the Russian Federation (clause 2(a) of Decree of the Government of the Russian Federation dated February 16, 2008 No. 87).

2008-10-27 Question
1. Is it currently required to conduct an assessment of the impact of the planned economic and other activities on the environment in the Russian Federation (EIA) in accordance with the Order of the State Committee for Ecology of Russia dated May 16, 2000 No. 372 to submit its results for state expertise, if in relation to this activity state ecological expertise is not required?

2. Is it a reason to refuse to conduct a state examination of project documentation or to issue a negative opinion based on its results, the absence of materials from public hearings in the EIA materials as part of the project documentation (order of the State Committee for Ecology of Russia dated May 16, 2000 No. 372), if in relation to the object, on which this project documentation has been developed, does not currently require a state environmental review?

Answer: 1. In accordance with paragraphs 25(a) and 40(a) of the Regulations on the composition of sections of project documentation and the requirements for their content, approved by Decree of the Government of the Russian Federation dated February 16, 2008 No. 87, the section "Measures for the protection environment» as part of the project documentation submitted for state expertise, it must contain the results of an assessment of the impact of the capital construction facility on the environment.

2. The regulation, approved by the order of the State Committee for Ecology of May 16, 2000 No. 372, was developed in pursuance of the Federal Law of November 23, 1995 No. 174-FZ "On Environmental Expertise" and regulates the process of assessing the impact of planned economic and other activities on the environment in relation to objects of state ecological expertise. Thus, the requirement of the said Regulation on the presence of protocols of public hearings in the EIA materials does not apply to project documentation that is not subject to state environmental expertise in accordance with the legislation, and cannot be a basis for refusing to conduct a state expertise in relation to such documentation or for issuing a negative conclusion. by its results.

2008-10-27 Question
How is project documentation accepted for state expertise in a constituent entity of the Russian Federation, according to which a negative conclusion was issued in 2008 in a branch of Glavgosexpertiza? As in the second or primary.

Answer: If the project documentation is sent for state examination after the elimination of the shortcomings indicated in the negative conclusion of the state examination, a repeated state examination is carried out in relation to such project documentation (paragraph 44 of the Regulations on the organization and conduct of state examination, approved by the Decree of the Government of the Russian Federation of March 5, 2007 No. 145).

2008-10-27 Question
From the branch of Glavgosexpertiza of Russia, comments were received on the submitted draft with requirements to eliminate them within 10 days. After elimination of remarks and delivery of the corrected project, a negative conclusion was received containing NEW COMMENTS. Are the branch's actions legal?

Answer: New comments could be issued on the newly submitted documentation, corrected in the process of eliminating the shortcomings identified by the organization for the state examination.

To resolve the issue of the legality of the actions of the branch of Glavgosexpertiza of Russia in this situation, you should send a written appeal to the Federal State Institution Glavgosexpertiza of Russia, Moscow, providing all the information related to the conduct of the specified state examination.

2008-10-27 Question
Is it necessary to conduct an industrial safety review of project documentation for the reconstruction of a hazardous production facility if there is a positive conclusion from the state review of project documentation?

Answer: Federal Law No. 116-FZ of 21.07.1997 “On Industrial Safety of Hazardous Production Facilities” does not provide for an industrial safety review of project documentation for the reconstruction of a hazardous production facility. In accordance with Part 5 of Article 49 of the Town Planning Code of the Russian Federation, the subject of state expertise of project documentation for the construction, reconstruction, overhaul of capital construction facilities, among others, is the assessment of compliance of project documentation with industrial safety requirements.

2008-10-27 Question
Does an employee of the state expertise have the right to demand the elimination of the comments indicated in the expert opinion, without reference to any scientific and technical documentation, technical regulations or engineering survey results?

Answer: The subject of the state examination of project documentation is the assessment of its compliance with the requirements of technical regulations. Prior to the entry into force of technical regulations in the field of urban planning, in accordance with the established procedure, the compliance of design documentation and results of engineering surveys with the requirements of legislation, regulatory technical documents to the extent that does not contradict the Federal Law "On Technical Regulation" and the Urban Planning Code of the Russian Federation is carried out.

Thus, an indication in the expert opinion of the non-compliance of the design documentation and the results of engineering surveys with the regulatory technical requirements should be accompanied by a reference to the regulatory legal document A that contains the corresponding requirement.

2008-10-27 Question
Can a non-governmental organization licensed to conduct an examination of design documentation for especially hazardous facilities perform this work?

Answer: According to part 4.1 of Article 49 of the Town Planning Code of the Russian Federation, design documentation for especially dangerous and technically complex facilities is subject to state expertise at the federal level. In accordance with Part 1 of Article 50 of the Town Planning Code of the Russian Federation, the customer (developer) may additionally send design documentation for such facilities for non-state examination conducted by accredited organizations in the manner established by the Government of the Russian Federation.

2008-10-27 Question
The design and engineering surveys for the construction of a pilot plant for heap leaching were completed in 2004. In 2005, positive conclusions were obtained from the industrial safety expertise, Rospotrebnadzor, etc. Are they valid at the moment?

Answer: The Federal Law “On Industrial Safety of Hazardous Production Facilities” No. 116-FZ dated July 21, 1997 does not regulate the validity period of industrial safety expert opinions.

2008-10-27 Question
Please explain the following. The organization wants to buy land from another organization. An organization that wants to buy this land has ordered and developed a project for the transfer of existing buildings and structures on the land. Which of these two organizations should submit a project for examination and what should it look like? The one who owns the land, or should he give power of attorney to an organization that wants to buy this land or other options?

Answer: According to paragraph 2 of the Regulations on the organization and conduct of the state examination of project documentation and engineering survey results, approved by Decree of the Government of the Russian Federation dated 05.03.2007 No. 145, an applicant for a state examination of project documentation may be a customer, a developer or a person authorized by any of them.

2008-10-27 Question
In what resolution or law can one find an indication (reference) that the examination of the estimate documentation of an object related to especially dangerous objects, the reconstruction of which is carried out at the expense of the Customer's own funds, can be carried out only by decision of the Customer?

Answer: According to clause 13(d) of the Regulations on the organization and conduct of state expertise, approved by Decree of the Government of the Russian Federation No. 145 dated March 5, 2007, project documentation is submitted for state expertise in accordance with the requirements for the composition of sections established by the legislation of the Russian Federation.

In accordance with paragraph 7 of the Regulations on the composition of sections of project documentation, approved by Decree of the Government of the Russian Federation dated February 16, 2008 No. 87, the need and scope for developing the section "Estimates for the construction of a capital construction object", with the exception of capital construction projects financed in full or in part by funds of the corresponding budgets are determined by the customer and indicated in the design assignment.

2008-10-27 Question
Is it necessary under the current legislation to undergo an examination of investment feasibility studies and feasibility studies for reconstruction and construction at aluminum industry enterprises? Are there currently design stages such as "Investment Case Studies" and "Feasibility Studies"?

Answer: The Town Planning Code of the Russian Federation does not regulate the state examination of investment justifications. Justification of the feasibility of implementing design solutions, choosing options for design solutions based on economic efficiency indicators can only be carried out at the initiative of the developer or customer.

2008-10-27 Question
In what cases is it obligatory to develop a section of the ITM of civil defense and emergencies, and what Federal law provides for this? Whose authority includes conducting an examination of the ITM section of civil defense and emergencies?

Answer: Design documentation for capital construction projects specified in part 14 of article 48 of the Town Planning Code of the Russian Federation must contain a list of civil defense measures, measures to prevent emergencies natural and man-made character.

The current legislation on urban planning activities does not provide for a separate examination of the ITM section of civil defense and emergency situations. In accordance with Part 5 of Article 49 of the Town Planning Code of the Russian Federation, the subject of state examination of project documentation for the construction, reconstruction, overhaul of capital construction facilities, among others, is the assessment of the compliance of project documentation with regulatory technical requirements for fire, industrial, nuclear, radiation and other safety. According to Part 6 of Article 49 of the Town Planning Code of the Russian Federation, it is not allowed to conduct other state examinations of project documentation, with the exception of the state examination of project documentation provided for by this article, as well as the state environmental examination of project documentation of facilities.

2008-10-27 Question
According to paragraph 4 of the Regulations on the composition of sections of design documentation and requirements for their content, a two-stage design is carried out: design documentation (stage "P") and working documentation. Will working projects be accepted for examination (if customers indicate the “RP” stage in the design assignments)?

Answer: The design documentation for a capital construction project submitted for state expertise must comply with the requirements of the Regulation approved by Decree of the Government of the Russian Federation No. 87 dated February 16, 2008, regardless of the design stages.

2008-10-27 Question
On what basis is the form “Application for State Expertise” approved? In the Kazan branch of Glavgosexpertiza, the form and content of the above Statement is changed every quarter.

Answer: Approved samples of the application for the state examination and the application form of the applicant (customer) are posted on the website of the Federal State Institution "Glavgosexpertiza of Russia" in the "Important Documents" section.

2008-10-27 Question
The organization has developed a project for the construction of a separate administrative building with a total area of ​​1,500 square meters, the number of floors is 2. According to paragraph 2 of Article 49 of the Town Planning Code, state expertise is not carried out in relation to such an object. However, the gas distribution organization issued technical specifications for the building's gas supply, which indicate the connection point - a medium-pressure gas pipeline. To reduce the gas pressure, it is necessary to provide for the installation of a cabinet gas control unit with a heating device. A section of the project for laying an external gas pipeline has been developed. Please clarify the following: is the state expertise carried out for the entire specified construction site (administrative building) or only for the external gas pipeline project?

Answer: The external gas pipeline intended for gas supply of the projected administrative building cannot be put into operation and operated independently, that is, regardless of the construction of this building. Thus, in accordance with paragraph 2 of the Regulations approved by Decree of the Government of the Russian Federation No. 145 dated March 5, 2007, the gas pipeline cannot be considered as a separate stage of construction.

If the construction of the specified gas pipeline is planned to be carried out outside the boundaries of the land plot of the administrative building or the pressure parameters of the gas pipeline exceed the parameters established for especially dangerous and technically complex facilities by paragraph 11 (a) of part 1 of Article 48.1 of the Town Planning Code of the Russian Federation, project documentation in in general for administrative building(including the projected external gas pipeline).

2008-10-27 Question
In accordance with the Town Planning Code of the Russian Federation, project documentation for the expansion, technical re-equipment, conservation and liquidation of hazardous production facilities is not subject to state expertise. What body conducts an examination of the project if elements of load-bearing structures are affected, for example, during major repairs at hazardous production facilities?

Answer: Design documentation, the decisions of which provide for changes affecting the design and other characteristics of the reliability and safety of the capital construction object, is subject to state expertise in the prescribed manner.

2008-10-27 Question
The project is being prepared for examination at the Federal State Institution Glavgosexpertiza of Russia. What documents should be followed to determine which approvals the project should go through and in which authorities (at the level of the Russian Federation, the subject of the Russian Federation, the municipality)?

Answer: For the state examination, the documents specified in Section II of the Regulations on the organization and conduct of the state examination, approved by the Decree of the Government of the Russian Federation dated 05.03.2007 No. 145, are submitted.

2008-10-27 Question
Is there a need to undergo any examinations of projects for the expansion of hazardous production facilities that have passed industrial safety examination in accordance with paragraph 1 of Article 13 of the Federal Law "On Industrial Safety of Hazardous Production Facilities", given that:
1. With the expansion of HIFs, the total area of ​​buildings increases.
2. This does not affect the supporting structures of buildings.
3. With an increase in the area, it is necessary to put buildings into operation with subsequent re-registration.

Answer: According to paragraph 14 of Article 1 of the Town Planning Code of the Russian Federation, a change in the parameters of capital construction objects, their parts (height, number of floors, area, production capacity indicators, volume) is regarded as a reconstruction. In accordance with Part 1 of Article 49 of the Town Planning Code of the Russian Federation, project documentation for the construction, reconstruction, overhaul of capital construction projects is subject to state expertise.

2008-10-27 Question
According to the Regulation on the examination No. 145, the architectural and planning assignment (APZ) is not included in the list of documents submitted for the state examination. At the same time, according to the letter of the Federal State Institution “Glavgosexpertiza of Russia” No. 15-1/2016 dated August 16, 2007, the APL must be submitted as part of the documents for state examination on the basis of the Federal Law “On Architectural Activities”. Please provide comments on this.

Answer: In accordance with paragraphs 13-16 of the Regulations on the organization and conduct of the state examination, approved by the Decree of the Government of the Russian Federation of March 5, 2007 No. 145, the architectural and planning task is not included in the list of documents submitted for the state examination.

2008-10-27 Question
Is a project for the reconstruction of non-residential premises on the basement floor in a 2-storey (not counting the basement) non-residential building of a shopping center subject to state expertise? The area of ​​the premises to be reconstructed is 1100 square meters. The total area of ​​the building is 4500 square meters.

Answer: The reconstructed premises as part of a shopping center is not a separate object and is not subject to paragraph 5 of part 2 of article 49 of the Town Planning Code of the Russian Federation. Shopping center, whose total area is more than 1500 square meters, is also not subject to this paragraph. Thus, according to Part 1 of Article 49 of the Town Planning Code of the Russian Federation, project documentation for the reconstruction of the said premises is subject to state expertise.

2008-10-27 Question
I ask you to clarify the need for a state examination of design documentation for the construction of a two-story dormitory with a total area of ​​​​less than 100 square meters. The hostel is intended for workers on a rotational basis.

Answer: The hostel building, as an object intended for the residence of citizens, is not subject to clause 4 of part 2 of article 49 of the Town Planning Code of the Russian Federation. According to part 1 of article 49 of the Town Planning Code of the Russian Federation, the project documentation of the said facility is subject to state expertise.

2008-10-27 Question
Can FGU GGE experts refuse to consider working documentation made by a foreign company with deviations from the requirements of GOST 21.101-97 regarding the design of drawing stamps and their marking?

Answer: The design documentation submitted for the state examination must be drawn up in accordance with the requirements for its development established by the regulatory legal acts of the Russian Federation. Non-compliance of project documentation with the specified requirements is the basis for refusal to accept project documentation for state expertise (clause 24 of the Regulations on the organization and conduct of state expertise, approved by Decree of the Government of the Russian Federation dated March 5, 2007 No. 145).

2008-10-27 Question
Is it possible to conduct a state examination of the approved part of the project for the construction of a new production facility at an existing enterprise before the development of working documentation and without the development of an APCS project (there is only a TOR for its development)? To which branch should the project be sent for state expertise in case of construction in the city of Volzhsky (Volgograd region)?

Answer: According to the current legislation on urban planning activities, only design documentation for capital construction projects is subject to state expertise. Working documentation, consisting of documents in text form, working drawings, specifications of equipment and products, is developed in order to implement in the construction process architectural, technical and technological solutions contained in the design documentation for a capital construction facility, and is not subject to state expertise.

If the state examination of the design documentation of a capital construction facility located in the Volgograd Region falls within the powers of the branches of the Federal State Institution of the Glavgosexpertiza of Russia, then in accordance with the order of the Glavgosexpertiza of Russia dated April 05, 2007 No. 34-r (as amended in accordance with the order of the Glavgosexpertiza of Russia dated April 25, 2007 No. 38-p) such project documentation is subject to state expertise in the Rostov branch of the Federal State Institution of Glavgosexpertiza of Russia.

2008-10-27 Question
Please explain what stage of development of project documentation (P or RD) will be accepted by Glavgosexpertiza for consideration from July 1, 2008 and in accordance with Government Decree No. 87 of February 16, 2008.

Answer: The interstate standard GOST 21.101-97 "Basic requirements for design and working documentation" defines design documentation as documentation intended for approval (project stage, approved part of the working draft). Thus, for the state examination, project documentation can be submitted developed both at the design stage and at the stage of a detailed design in the amount of the approved part, and in accordance with the Regulation approved by Decree of the Government of the Russian Federation dated February 16, 2008 No. 87.

2008-10-27 Question
Please clarify whether an examination of the pre-project stage “Investment Justification” is required and to what extent?

Answer: The Town Planning Code of the Russian Federation does not regulate the state examination of investment justifications.

2008-10-27 Question
Our construction site is located "on the lands of specially protected natural areas." According to the Federal Law “On Amendments to the Federal Law “On Ecological Expertise” dated May 16, 2008 No. 75-FZ and Articles 49 and 54 of the Town Planning Code of the Russian Federation”, before submitting project documentation for verification for expert examination, it is necessary to undergo an environmental review. I ask you to explain where you can pass an environmental review in the Krasnodar Territory.

Answer: The location of the state environmental review of project documentation for objects, the construction of which is supposed to be carried out on the lands of specially protected natural areas, is determined in accordance with Part 6.1 of Article 49 of the Town Planning Code of the Russian Federation, depending on the significance of specially protected natural areas (federal, regional, local).

2008-10-27 Question
To pass the state examination, it is necessary that all projects for connecting to external communications be coordinated with the relevant organizations that issued the technical specifications (TS), if this is prescribed in the TS themselves. If the TS says “to agree on the working draft of the connection”, is it necessary to agree on the project in the organization that issued the TS, with such a wording, before submitting it for state examination?

Answer: The Regulations on the organization and conduct of state expertise, approved by Decree of the Government of the Russian Federation of March 5, 2007 No. 145, do not provide for the approval of project documentation submitted for state expertise in organizations operating utility networks.

2008-10-27 Question
I ask you to clarify whether the design documentation for repeated application is (standard), if more than 3 years have passed since the receipt of a positive conclusion of the state examination on this design documentation until the Regulations on the organization and conduct of state examination of March 5, 2007 No. 145 . Does the law have retroactive effect in this case?

Answer: According to paragraph 8 of the Regulations on the organization and conduct of state expertise, approved by Decree of the Government of the Russian Federation No. 145 dated 05.03.2007, state expertise is not carried out in relation to standard design documentation. In this case, the results of engineering surveys carried out for new construction using standard project documentation are subject to state expertise, provided that this project documentation has a positive conclusion of the state expertise, issued no earlier than 7 years before the date of filing an application for state expertise of engineering survey results.

These conditions also apply to the state examination of the applicable standard design documentation, carried out before the entry into force of the said Regulation.

2008-10-27 Question
Is the project for the reconstruction of a two-story building (ground floor and basement) of a branch of the institute, the total area of ​​which is less than 1,500 square meters, subject to examination? Do I need to get a building permit for a renovation?

Answer: Under clauses 4 and 5 of part 2 of article 49 of the Town Planning Code of the Russian Federation, stand-alone objects with no more than two floors are subject. In this case, the building of the branch of the institute as a whole, and not individual reconstructed floors of the building, should be considered as a separate object.

2008-10-27 Question
Is the GAU of the Kemerovo Region "Department for State Expertise of Project Documentation and Engineering Survey Results" authorized to conduct an examination of the technological part of the project "Kemerovo Regional Clinical Hospital Perinatal Center for 140 beds" (with a total area of ​​24,720 square meters)?

Answer: According to part 4.2 of Article 49 of the Town Planning Code of the Russian Federation, the state examination of the project documentation for the object "Kemerovo Regional Clinical Hospital Perinatal Center for 140 beds" falls within the competence of the executive authorities of the relevant subject of the Russian Federation - the Kemerovo Region, provided that the specified object is not unique.

2008-10-27 Question
In accordance with clause 35(k) of the Regulations approved by Decree of the Government of the Russian Federation of February 16, 2008 No. 87 “On the composition of sections of project documentation and requirements for their content”, the graphic part of the project should include “a plan and a longitudinal profile of the route with an engineering geological section with indication of pickets, angles of rotation...”. That is, in fact, it is necessary to submit a set of working drawings for the linear part of the pipeline. If the pipeline route is hundreds of kilometers, the volume of such documentation will be very significant. In addition, it takes a long time to carry out surveys and develop such drawings, which in general will delay the implementation of the project. In this regard, I ask you to clarify whether it is really necessary to provide such drawings along the entire route of the pipeline, or is it enough only for the most difficult sections (crossing watercourses, utilities, etc.), and the entire route should be drawn on maps of M 1: 25000 with a compressed profile (at which angles of rotation and geology are clear that will not be presented)?

Answer: Project documentation submitted for state expertise must be prepared in full compliance with the requirements for the composition and content of the sections established by Decree of the Government of the Russian Federation No. 87 dated February 16, 2008.

We also draw your attention to the fact that, in accordance with Part 1 of Article 47 of the Town Planning Code of the Russian Federation, the preparation and implementation of project documentation without the performance of appropriate engineering surveys is not allowed.

2008-10-27 Question
Our organization has completed a working design on the basis of a standard design (linking a standard design based on surveys) for the construction of a reservoir for oil RVSP 10000. The branch of the Glavgosexpertiza of Russia requires an industrial safety conclusion with registration in Rostekhnadzor and a state examination conclusion for a standard design for the examination of a working design. How valid is this claim?

Answer: According to paragraph 15(b) of the Regulations on the organization and conduct of state expertise, approved by Decree of the Government of the Russian Federation dated 05.03.2007 No. 145, if the construction of a capital construction facility will be carried out using standard design documentation, in order to conduct a state expertise of the results of engineering surveys, there must be a positive conclusion of the state examination regarding the applied standard design documentation, issued to any person not earlier than 7 years before the date of filing an application for a state examination of the results of engineering surveys, was submitted.

In accordance with Part 5 of Article 49 of the Town Planning Code of the Russian Federation, the subject of state expertise is the assessment of the compliance of project documentation with the requirements of technical regulations, including industrial safety requirements. According to paragraph 32(a) of the Regulations approved by Decree of the Government of the Russian Federation No. 145 dated 05.03.2007, when conducting a state examination, an organization for conducting a state examination has the right to demand from organizations information and documents necessary for conducting a state examination.

2008-10-27 Question
FGU GGE issued a positive opinion on the working draft (construction of the facility). Is it possible to get the document again or, say, a certified copy? What is the procedure for obtaining a duplicate (copy)?

Answer: In case of loss of the conclusion of the state examination, the applicant has the right to obtain a duplicate of this conclusion from the organization for conducting the state examination. Issuance of a duplicate is carried out free of charge within 10 days from the date of receipt of a written request by the specified organization.

2008-10-27 Question
Does the re-submission of documents with corrected comments take the same amount of time as the first examination (3 months) or other terms?

Answer: According to paragraph 44 of the Regulations on the organization and conduct of the state examination, approved by the Decree of the Government of the Russian Federation dated 05.03.2007 No. 145, the repeated state examination is carried out in the manner prescribed by the said Regulations for the primary state examination.

2008-10-27 Question
What should be guided by when implementing a project that began on November 1, 2007, and the completion of which is scheduled for January 1, 2009: SNiP 11-01-95 (cancelled by Decree of the Government of the Russian Federation of February 17, 2003 No. 18) or the Regulations on the composition of sections of the project documentation and requirements for their content, approved by Decree of the Government of the Russian Federation of February 16, 2008 No. 87?

Answer: In accordance with clause 2(g) of Decree of the Government of the Russian Federation No. 145 dated 05.03.2007, project documentation, the development of which began before the Regulations on the composition of sections of project documentation and the requirements for their content, approved by Decree of the Government of the Russian Federation dated 16.02.2008 No. 87 , during the state examination, it is checked for compliance with the composition and requirements for the content of sections of this documentation established by regulatory technical requirements for its development. The specified Regulation on the composition of sections of project documentation came into force on March 06, 2008.

2008-10-27 Question
Does the local administration have the right to demand an examination for the redevelopment of industrial premises with an area of ​​​​up to 1500 square meters without affecting the design characteristics (an extension on three sides of the old building of a new premises with the construction of a roof)?

Answer: Under clause 5 of part 2 of article 49 of the Town Planning Code of the Russian Federation fall separate objects intended for the implementation production activities, with the number of floors not more than two, the total area of ​​which is not more than 1500 square meters. Thus, in your case, you should consider the capital construction object as a whole, including the existing building provided for reconstruction.

2008-10-27 Question
Is an examination of documentation for technical re-equipment required?

Answer: The Town Planning Code of the Russian Federation conducts state examination of project documentation for technical re-equipment, which does not provide for the construction of new capital construction facilities, changes in the parameters of existing buildings and structures, their parts (height, number of floors, area, production capacity indicators, volume), as well as changes in quality engineering and technical support, not regulated.

2008-10-27 Question
What documents are required to pass the examination of a production building made of prefabricated metal structures (metal structures, metal fasteners, insulation)? The Decree of the Government of the Russian Federation dated 05.03.2007 No. 145 does not indicate anything about certificates for fire safety, hygiene, compliance, as well as about passports for products.

Answer: The documents submitted for the state examination are specified in paragraphs 13-16 of the Regulations on the organization and conduct of the state examination of project documentation, approved by Decree of the Government of the Russian Federation dated 05.03.2007 No. 145. In particular, project documentation is submitted in accordance with the requirements (including to the composition and content of the sections), established by the Decree of the Government of the Russian Federation of February 16, 2008 No. 87.

2008-10-27 Question
When re-applying the project documentation at another site, is it legal to require the state expertise to be repeated, or is it only necessary to conduct a state expertise of the results of geological surveys?

Answer: With regard to the design documentation of capital construction facilities that previously received a positive conclusion from the state expertise of design documentation and is reused (standard design documentation), or modification of such design documentation that does not affect the design and other characteristics of the reliability and safety of capital construction facilities, state expertise is not carried out.

If the construction of a capital construction facility will be carried out using such project documentation, the results of engineering surveys (as well as design documentation for external engineering networks and constructive solutions for the foundations of the capital construction facility) are subject to state expertise, regardless of the fact that state expertise of project documentation is not carried out ( paragraphs 8 and 15(a) of the Regulation on the organization and conduct of the state examination, approved by the Decree of the Government of the Russian Federation dated 05.03.2007 No. 145).

2008-10-27 Question
Preliminary approvals of which federal authorities (Rospotrebnadzor, civil defense and emergency situations, etc.) should be submitted in the package of documents submitted for state expertise?

Answer: According to part 16 of article 48 of the Town Planning Code of the Russian Federation, the approval of the finished project documentation submitted for the state examination is not provided.

2008-10-27 Question
According to clause 7 of the Regulation on the composition of sections of project documentation and the requirements for their content, approved by Decree of the Government of the Russian Federation of February 16, 2008 No. 87, the need to develop requirements for the content of sections of project documentation, the presence of which, according to this Regulation, is not mandatory, is determined by agreement between design organization and the customer of such documentation. Sections 6, 11, 5 and 9 of project documentation, the requirements for the content of which are established respectively by paragraphs 23, 28-31, 38 and 42 of this Regulation, are developed in full for capital construction projects financed in full or in part from the relevant budgets. In all other cases, the need and scope of development of these sections are determined by the customer and indicated in the design assignment.

Does this mean that the sections “Construction organization project”, “Estimate for construction”, “Fire safety”, “Engineering equipment” for any capital construction object (if the customer does not wish) may not be developed and, accordingly, not included in the design documents sent for state expertise?

How does this clause of the Regulation correlate with clause 11 of part 12 of article 48 of the Town Planning Code of the Russian Federation?

Answer: 1. Clause 7 of the Regulations, approved by Decree of the Government of the Russian Federation dated February 16, 2008 No. 87, applies to sections 6, 11, 5 and 9 of the project documentation specified in the relevant clauses 23, 28-31, 38 and 42 of the Regulations, namely:
- section 6 "Construction organization project" and section 11 "Estimates for the construction of capital construction facilities" of design documentation for capital construction facilities for industrial and non-industrial purposes - paragraphs 23, 28-31 of the Regulations;
- section 5 "Construction organization project" and section 9 "Estimate for construction" of design documentation for linear capital construction facilities - paragraphs 38 and 42 of the Regulations.

2. The requirements of part 12 of article 48 of the Town Planning Code of the Russian Federation in relation to measures for the organization of construction and estimates for construction are accepted for execution in accordance with the requirements of paragraph 7 of the Regulations.

2008-10-27 Question
The working project "Construction of gas networks ..." laid a steel pipe 57x3.5. State examination passed. Is it necessary to undergo a repeated state examination when re-approving the replacement of a steel pipe with a polyethylene one (63x5.8)?

Answer: Design documentation may be sent for a second state examination when changes are made to the design documentation that has received a positive conclusion from the state examination, in terms of changing technical solutions that affect the structural reliability and safety of the capital construction object (paragraph 44 of the Regulations on the organization and conduct of state examination, approved Decree of the Government of the Russian Federation of March 5, 2007 No. 145).

2008-10-27 Question
Does the state examination body have the right to demand compliance of project documentation with the provisions of SNiP 2.08.01-89 (cancelled by Decree of the Gosstroy of the Russian Federation of 06.23. .2004 No. 07/3971-YUD denied state registration) despite the fact that the powers of the state examination include checking the compliance of documentation with technical regulations, and not with SNiP? Is non-compliance with a separate provision of the specified SNiP grounds for issuing a negative expert opinion in the presence of special technical conditions?

Answer: According to Part 1 of Article 46 of the Federal Law “On Technical Regulation” No. 184-FZ dated December 27, 2002, prior to the entry into force of the relevant technical regulations, the requirements established by regulatory legal acts of the Russian Federation and regulatory documents of federal executive bodies are subject to mandatory execution in the part corresponding to purposes of this federal law. Thus, the regulatory requirements of building norms and rules "Residential multi-apartment buildings" SNiP 31-01-2003, as a regulatory document of the federal executive body, adopted before the entry into force of the Federal Law "On Technical Regulation", are subject to mandatory execution in the part corresponding to the goals said Law.

According to paragraph 34 of the Regulations approved by Decree of the Government of the Russian Federation of 05.03.2007 No. 145, non-compliance of project documentation with the technical requirements of these regulatory documents is the basis for issuing a negative conclusion of the state examination.

2008-10-27 Question
What date should be taken when applying the provisions of subparagraph "g" of paragraph 2 of Decree of the Government of the Russian Federation of March 5, 2007 No. 145 as amended by Decree of the Government of the Russian Federation of February 16, 2008 No. 87: 1) the date of conclusion of the contract; 2) the date of commencement of work specified in the contract ( calendar plan) or 3) the actual date of commencement of work after receipt of all specifications?

Answer: During the state examination of project documentation, the date of commencement of the development of project documentation is determined by the date of commencement of work specified in the design contract, or in the absence of an indication in the contract of the commencement of work, by the date of conclusion of the contract.

2008-10-27 Question
Can the design documentation developed by our institute be submitted for state examination by the organization that ordered it, or can this be done only by the general designer (in this case, our institute) or the customer-developer who has in his license an entry: “Technical support of the design stage (control over the development design and estimate documentation, coordinating it in the prescribed manner, transferring it to the examination bodies for approval and to the general contracting organization)”?

Answer: According to part 15 of article 48 of the Town Planning Code of the Russian Federation, project documentation is submitted for state expertise by the developer or customer. In accordance with paragraph 2 of the Regulations on the organization and conduct of the state examination, approved by Decree of the Government of the Russian Federation dated 05.03.2007 No. 145, the applicant for the state examination may be a customer, developer or any other person authorized by any of them.

2008-10-27 Question
Do I need to submit to the Federal State Institution "Glavgosexpertiza of Russia" (Moscow) a project for the reconstruction of an existing family holiday home for 5 rooms in the city of Svetlogorsk, Kaliningrad Region? Reconstruction consists of building two floors. Or is it possible to conduct an examination of the project in the regional state examination of the Kaliningrad region?

Answer: In accordance with parts 4.2 and 6.1 of Article 49 of the Town Planning Code of the Russian Federation, state examination of project documentation for the specified object (if it does not apply to the objects specified in part 5.1 of Article 6 of the Town Planning Code of the Russian Federation, and its construction is not carried out on the lands of specially protected natural areas federal significance) is carried out by the executive authority of the Kaliningrad region or an institution subordinate to it.

2008-10-27 Question
The right to design and build was granted to CJSC on the basis of a decree of the Government of St. Petersburg. A year later, a new resolution was received to change the CJSC to LLC. The initial permit documentation was obtained for the original developer CJSC. Please explain whether there will be any problems with the examination of project documentation submitted on behalf of the LLC?

Answer: For the state examination of project documentation, documents confirming the succession of the limited liability company in relation to the projected capital construction object should be submitted.

2008-10-27 Question
According to the established practice of the Glavgosexpertiza, the term for the examination is 90 days, and 10 days before the end of the examination, questions and comments are sent to the Applicant to eliminate them during the examination. Is it mandatory to eliminate comments during the examination process within 10 days, and is it possible to extend the examination period at the request of the Applicant (customer) in order to eliminate comments?

Answer: If in the design documentation and (or) the results of engineering surveys in the course of the state examination of shortcomings that do not allow drawing the conclusions specified in paragraph 34 of the Regulations on the organization and conduct of the state examination, approved by Decree of the Government of the Russian Federation dated 05.03.2007 No. 145, the organization for the state examination shall immediately notify the applicant of the identified deficiencies. The term for elimination of identified deficiencies is established in the contract at the discretion of the organization for the state examination, depending on the complexity and volume of the proposed changes.

2008-10-27 Question
In connection with the release of Decree of the Government of the Russian Federation No. 87 of February 16, 2008 “Regulations on the composition of sections of project documentation and requirements for their content”, are the provisions of Decree of the Government of the Russian Federation of December 29, 2007 No. 970 “On Amendments to the Decree of the Government of the Russian Federation of 05.03.2007 No. 145” regarding the cancellation of the submission for examination of the town-planning plan of the land plot. Is it required to submit a GPZU or not?

Answer: In accordance with clauses 10(b) and 11 of the Regulations on the composition of sections of project documentation and the requirements for their content, approved by Decree of the Government of the Russian Federation dated February 16, 2008 No. 87, the section "Explanatory Note" as part of the project documentation submitted for state expertise must be accompanied and duly registered town-planning plan of the land plot (or its copy).

2008-10-27 Question
To pass the state examination, the Glavgosexpertiza of Russia submitted documents for the construction of 7 houses, one of which had already passed the state examination more than three years ago and is considered standard. A positive conclusion was attached to the application for passing the state examination. According to the existing regulation on passing the state examination this house must pass only the examination of foundations (binding). Also, according to this provision, no changes can be made to a previously issued positive opinion. Are the actions of the experts of Glavgosexpertiza lawful, making comments not on the binding of the house, but throughout the house?

Answer: According to paragraph 8 of the Regulations on the organization and conduct of state expertise, approved by Decree of the Government of the Russian Federation dated 05.03.2007 No. 145, state expertise is not carried out in relation to project documentation for capital construction projects that have previously received a positive conclusion from the state expertise of project documentation and are reused (standard project documentation ), or modification of such design documentation that does not affect the design and other characteristics of the reliability and safety of capital construction projects.

2008-08-26 Question
When issuing the terms of reference for design and survey work, inaccuracies were made regarding the name of the object to be reconstructed. The design organization that performed the work received all the necessary approvals, and the documentation was drawn up in accordance with the name of the facility according to the terms of reference, which does not correspond to the approved list of federal facilities. What documents do you need to submit for review? expert opinion was issued to the object in accordance with the name according to the approved list.

Answer: In the conclusion of the state examination, the name of the documentation (of the capital construction object) is indicated in accordance with the title of the project documentation submitted for examination (based on the approved design assignment).

The documents submitted for the state examination (in accordance with paragraphs 13-16 of the Regulations on the organization and conduct of the state examination, approved by Decree of the Government of the Russian Federation of 05.03.2007 No. 145) must indicate the name of the capital construction object in accordance with the approved list of federal objects.

2008-08-26 Question
According to paragraph 4.1.1 of GOST 21.101-97, the "Project" stage and the approved part of the working draft are equivalent. Does it follow from this that it is sufficient at the design stage to complete the approved part in the scope of the requirements of SNiP 11-01-95 or the Regulation on the composition of sections of design documentation, approved by Decree of the Government of the Russian Federation of February 16, 2008 No. 87, and this set will be sufficient for conducting a state examination. Or it is necessary to provide for examination the entire set of documentation of the working project.

Answer: For the state examination, project documentation for a capital construction facility is submitted in accordance with the requirements of the Regulation on the composition of sections of project documentation and the requirements for their content, approved by Decree of the Government of the Russian Federation dated February 16, 2008 No. 87 (subparagraph "d" of paragraph 13 of the Regulation on the organization and conducting a state examination, approved by the Decree of the Government of the Russian Federation dated March 5, 2007 No. 145). This resolution does not regulate the stages of preparation of project documentation.

Working documentation (consisting of documents in text form, working drawings, specifications of equipment and products) is developed in order to implement in the construction process architectural, technical and technological solutions contained in the design documentation for a capital construction facility, and is not subject to state expertise.

2008-08-26 Question
Technical re-equipment with the replacement of equipment in existing areas with the construction of an annex for water treatment equipment. Do I need to rent everything or just an annex with water treatment?

Answer: For the state examination, the design documentation of the capital construction object is submitted in accordance with the requirements of the Regulations on the composition of sections of design documentation and the requirements for their content, approved by Decree of the Government of the Russian Federation dated February 16, 2008 No. 87, in full. If defects are identified in the design documentation during the state examination (lack (incomplete) of information, descriptions, calculations, drawings, diagrams, etc.), which do not allow drawing the conclusions specified in paragraph 34 of the said Regulation, the organization for the state examination immediately notifies the applicant of the identified deficiencies and sets, if necessary, a deadline for their elimination.

2008-08-26 Question
Tell me, please, is it necessary to undergo an examination of the working design for the new construction of a gas filling station, with an LPG storage capacity of 20 cubic meters. and refueling no more than 120 vehicles per day.

Answer: According to clause 5 of part 2 of article 49 of the Town Planning Code of the Russian Federation, if the sanitary protection zone of a capital construction object is established within the boundaries of the land plot on which such an object is located, the project documentation of the said object is not subject to state expertise.

2008-08-26 Question
Please explain the legitimacy of the action and the correctness of the local center conducting the examination on this issue. In 2005, design documentation was developed for the overhaul of the court building, with partial redevelopment, i.e. several self-supporting partitions were removed, and the project provides for the punching of several openings in the load-bearing walls, the nodes have been worked out, the work production technology is described in the project, and the project also provides for the replacement heating systems and installation of a hinged facade. In 2008, when we received funding for the execution of works, we decided to conduct an examination of the adopted design decisions and their compliance with building codes. The departmental expertise of the city of Penza refused us to conduct an expertise, due to the lack of sections on ecology, civil defense and emergency situations, and a number of other reasons. However, at the time of work on the project in terms of reference We did not put such questions before the designers. Moreover, we affect only 3-4 openings in the bearing walls, and we do not affect any other important structural structures. And now there is a dilemma in the expediency of the whole project in general and the use of funding.

Answer: During the state examination, project documentation is checked for compliance with the composition and requirements for the content of sections of this documentation, established by the regulatory technical requirements for its development, as well as part 12 of article 48 of the Town Planning Code of the Russian Federation.

2008-08-26 Question
I ask you to determine the need for an examination of project documentation for the reconstruction of a capital construction facility, carried out at our own expense. As part of the reconstruction, work is being carried out to strengthen the supporting structures, deepen the floor and install engineering systems. In addition, I ask for clarification on the application of paragraph 17 (4) of Article 51 of the Town Planning Code of the Russian Federation (what exactly relates to the characteristics of reliability and safety and what limiting parameters are set by the town planning regulations).

Answer: According to Part 1 of Article 49 of the Town Planning Code of the Russian Federation, project documentation for capital construction projects, including those for the reconstruction of capital construction projects, is subject to state expertise, regardless of the form of ownership of the objects.

Explanation of the provisions of the Town Planning Code of the Russian Federation does not fall within the competence of the Federal State Institution "Glavgosexpertiza of Russia".

2008-08-26 Question
What stage of project documentation is subject to state expertise in one- and two-stage design.

Answer: The current legislation in the field of urban planning for the construction, reconstruction, overhaul of capital construction projects provides for the preparation of design and working documentation.

According to Part 1 of Article 49 of the Town Planning Code of the Russian Federation, only project documentation for a capital construction facility is subject to state expertise. With regard to the working documentation developed for the purpose of implementing the architectural, technical and technological solutions contained in the design documentation for the capital construction object during the construction process, state expertise is not carried out.

The project documentation submitted for the state examination must be prepared in accordance with the Regulations on the composition of sections of the project documentation and the requirements for their content, approved by Decree of the Government of the Russian Federation dated February 16, 2008 No. 87.

2008-08-26 Question
Whether it is necessary to carry out an examination of industrial safety of gas supply networks and boiler houses.

Answer: In accordance with Part 1 of Article 13 of the Federal Law "On Industrial Safety of Hazardous Production Facilities" No. 116-FZ, if equipment operating under a pressure of more than 0.07 megapascal or at a water heating temperature of more than 115 degrees Celsius is used at these facilities, the design documentation for the expansion, technical re-equipment, conservation and liquidation of such facilities is subject to industrial safety expertise.

2008-08-26 Question
Please clarify during the state examination if the customer and the applicant are different persons. The applicant is a design organization acting under the power of attorney of the customer. Who is indicated in the application, the head and accountant of which organization sign the Application. Who is indicated in the application form of the Applicant. Whose title documents are attached to the Application and Questionnaire?

Answer: In accordance with subparagraph "a" of paragraph 13 of the Regulations on the organization and conduct of state examination, approved by Decree of the Government of the Russian Federation of March 5, 2007 No. 145, if the developer (customer) and the applicant are not the same person, in the application for conducting the state expertise indicates identification information about both the applicant and the developer (customer).

Samples of the application for the state examination and the applicant's questionnaire are posted on the website of the Federal State Institution "Glavgosexpertiza of Russia" in the "Important Documents" section.

2008-08-26 Question
Subparagraph "g" of paragraph 2 of the Regulations on the organization and conduct of state expertise, approved by Decree of the Government of the Russian Federation of March 5, 2007 No. 145, as amended by the Regulations on the composition of sections of project documentation and the requirements for their content, approved by the Decree of the Government of the Russian Federation of February 16, 2008 No. 87, it is determined that the design documentation, the development of which was started before the entry into force of the said Regulation, during the state examination, is checked for compliance with the composition and requirements for the content of the sections of this documentation, established by the regulatory technical requirements for its development. The current regulatory technical requirements provide for the development of measures to ensure fire safety as part of the design documentation sections (AS, PM, etc.).

Please clarify whether it is mandatory to submit for examination a separate section "Measures to ensure fire safety" as part of the design documentation, the development of which began before the entry into force of Decree of the Government of the Russian Federation dated February 16, 2008 No. 87.

Answer: According to clause 9 of part 12 of article 48 of the Town Planning Code of the Russian Federation, project documentation as part of sections should include a list of measures to ensure fire safety.

2008-05-25 Question
I ask you to give an explanation about the need for a state examination of the design documentation for a heating installation with an installed capacity of 200 kW, operating on low-pressure natural gas, registered by the Altai Interregional Department for Technological and Environmental Supervision No. 74PG / 07 (dated 18.05.2007). The composition of the documentation:
1. General explanatory note.
2. Environmental protection.
3. Sets of documentation drawings:
- internal gas supply;
- automation;
- power equipment;
- thermal mechanical part.
4. Conclusion of the expert examination of industrial safety of the premises of the heating plant attached to the administrative building. Reg. No. 63-3С-00409-2007.
5. Conclusion of the industrial safety expertise of the working draft gas supply of the heating installation. Reg. No. 63-PD-00605-2007.
I also ask you to indicate the relevant clauses in the regulatory documents, on the basis of which a decision is made on the need for a state examination of project documentation, or that state examination is not required.

Answer: According to Part 1 of Article 49 of the Town Planning Code of the Russian Federation, design documentation for capital construction projects and the results of engineering surveys carried out to prepare such design documentation are subject to state expertise, except for the cases specified in Parts 2 and 3 of Article 49 of the Town Planning Code.

2008-05-25 Question
I kindly ask you to answer the question that causes discrepancies in the interpretation between the expert body and the customer of the state examination of the provisions of subparagraph "b" of paragraph 15 of the Regulations on the organization and conduct of state examination, approved by Decree of the Government of the Russian Federation of March 5, 2007 No. 145. In accordance with the specified paragraph when submitting project documentation for state expertise reuse there must be a positive opinion on it, issued no earlier than 7 years before the date of filing the application with the expert body. How should one interpret set time for the conclusion: either the period of limitation of the submitted opinion must exceed 7 years from the date of filing of the application, or be within the seven-year period?

Answer: The state examination of project documentation in relation to the design documentation of capital construction facilities that previously received a positive conclusion from the state examination of project documentation and is reused (standard design documentation) is not carried out.

For the state examination of the results of engineering surveys carried out for such design documentation, a positive conclusion of the state examination regarding the applicable standard design documentation (modified standard design documentation), issued to any person no earlier than 7 years before the date of filing an application for a state examination of the results of engineering surveys, is submitted. , that is, during the seven-year period prior to the date of application.

2008-05-25 Question
Is a two-story hotel building with a total area of ​​less than 1,500 square meters subject to examination?

Answer: Hotels, as facilities intended for the residence of citizens and the implementation of production activities, are not subject to clause 4 of part 2 of article 49 of the Town Planning Code of the Russian Federation. Design documentation of such facilities is subject to state expertise.

2008-05-25 Question
The procedure for passing the examination of a heating main in the city of Sasovo, Ryazan Region, Industrial Zone. Length=400 m, t=130/70С, p=0.7 MPa, on low supports.

Answer: According to part 4.2 of article 49 of the Town Planning Code of the Russian Federation, the state examination of the project documentation of this object falls within the competence of the state authority of the Ryazan region authorized to conduct the state examination of the project documentation.

2008-05-25 Question
Which federal regulators need approval for a lithium battery storage warehouse project? The object is defined as a potentially hazardous object. According to the answer posted on the website, an examination is required in accordance with Article 13 of the Federal Law "On Industrial Safety of Hazardous Production Facilities", but in our case, the sanitary protection zone extends beyond the allotted land plot, that is, according to Article 49 of the Town Planning Code, state expertise is required. Parameters of the object: one-story building, area - 270 square meters, sanitary protection zone - 50 m, goes beyond the allotted land. In case of failure to comply with safety requirements in lithium batteries, depressurization may cause fire, explosion with the release of corrosive gases (sulfur dioxide, hydrogen chloride) and electrolyte (thionyl chloride), as well as the release of lithium particles

Answer: Due to the fact that the sanitary protection zone established for the capital construction facility goes beyond the boundaries of the allotted land plot, the design documentation for this facility is not subject to clause 5 of part 2 of article 49 of the Town Planning Code of the Russian Federation and is subject to state expertise.

If the specified object is classified as especially dangerous and technically complex, the design documentation of such an object is subject to state expertise in the Federal State Institution "Glavgosexpertiza of Russia" (part 4.1 of article 49 of the Town Planning Code of the Russian Federation).

2008-05-25 Question
ChemEx LLC - expert organization. How and under what conditions can we participate in the industrial safety review of design documentation for construction and reconstruction, overhaul (chemistry and petrochemistry). Experience and experience of experts in this field since 1999.

Answer: In accordance with Part 5 of Article 49 of the Town Planning Code of the Russian Federation, the assessment of compliance of project documentation for construction and reconstruction, overhaul of capital construction facilities with industrial safety requirements is the subject and integral part of the state examination, the conduct of which, in accordance with Articles 6 and 61 of the Town Planning Code of the Russian Federation, is within the authority public authorities.

At the same time, the organization conducting the state examination has the right to engage on a contractual basis other state and (or) non-governmental organizations, as well as specialists (paragraph 32 of the Regulations on the organization and conduct of state examination, approved by the Decree of the Government of the Russian Federation of March 5, 2007 year No. 145).

2008-05-25 Question
When submitting the project for examination "in one window", we were denied acceptance of documents due to the absence of APL in our documentation. Since 2005, the Committee for Architecture and Urban Planning of Sochi has stopped issuing APL for design. Since we started designing at the end of 2006, we were given: a town-planning plan for a land plot, which, on the basis of amendments to the Town Planning Code, is also not required to be submitted for examination; program task approved by the customer and the design organization; assignment for the design on the proposal of the customer, approved by the chief architect of Sochi and the Ministry of Emergency Situations of Russia. Is it legal for the expert to demand an APL from us and on the basis of what document can we demand that the Committee for Architecture and Urban Planning of Sochi issue an APL to us?

Answer: The architectural and planning task is not included in the list of documents submitted for the state examination (clause 13 of the Regulation on the organization and conduct of the state examination, approved by the Decree of the Government of the Russian Federation of March 5, 2007 No. 145).

2008-05-25 Question
In accordance with Articles 15 and 38 of Federal Law No. 232 dated December 18, 2006, clarifications and amendments were made to Articles 8 and 13 of Federal Law No. 116, namely: in Article 8, the mandatory conditions making a decision to start construction and reconstruction; availability of a positive conclusion of the industrial safety expertise of project documentation. Article 13 deduced from the concept that design documentation for construction and reconstruction is subject to industrial safety expertise. In accordance with paragraph 5 of article 49 of the Civil Code of the Russian Federation, the subject of state expertise is the assessment of the compliance of project documentation with the requirements of technical regulations, including industrial, radiation, and other safety. In accordance with subparagraph 5 of paragraph 2 of Article 49 of the Civil Code of the Russian Federation, state expertise is not carried out in relation to the design documentation of detached capital construction projects, with the exception of objects that, in accordance with Article 48.1 of this Code, are especially dangerous, technically complex or unique objects. However, according to Article 5 of Federal Law No. 324, facilities that use equipment operating under a pressure of more than 0.07 MPa or at a water heating temperature of more than 115 degrees Celsius are excluded from the list of especially dangerous and technically complex facilities. In addition, in accordance with clause 11(a) of part 1 of article 481 of the Civil Code of the Russian Federation, gas distribution systems that use, store, transport natural gas under pressure up to 1.2 MPa inclusive or liquefied under pressure up to 1 .6 MPa inclusive.

Please note that the above requirements of paragraphs of laws do not exclude construction and reconstruction facilities from the number of hazardous production facilities according to the classification of Appendix No. 1 of Federal Law No. 116-FZ. I ask you to explain the current situation on the need for an industrial safety review of the working documentation of hazardous production facilities during the construction and reconstruction of these facilities.

Answer: Working documentation of capital construction projects is not subject to state expertise.

According to Article 13 of the Federal Law "On Industrial Safety of Hazardous Production Facilities" No. 116-FZ, industrial safety expertise is carried out only in relation to design documentation for the expansion, technical re-equipment, conservation and liquidation of a hazardous production facility. Project documentation for the construction, reconstruction and overhaul of hazardous production facilities is subject to state expertise, except for the cases specified in parts 2 and 3 of Article 49 of the Town Planning Code of the Russian Federation. In accordance with part 5 of Article 49 of the Town Planning Code, the subject of state expertise, among others, is the assessment of the compliance of project documentation with industrial safety requirements.

Carrying out state examination of design documentation for hazardous production facilities that use equipment operating under a pressure of more than 0.07 MPa or at a water heating temperature of more than 115 degrees Celsius, as well as design documentation for gas distribution systems that use, store, and transport natural gas under pressure up to 1.2 MPa inclusive or liquefied hydrocarbon gas under pressure up to 1.6 MPa inclusive, falls within the competence of the executive authorities of the constituent entities of the Russian Federation.

2008-05-25 Question
What composition of the documentation is to be sent to the Glavgosexpertiza if the documentation is reviewed again after revisions and clarifications based on the comments of the negative conclusion?

Answer: The repeated state examination is carried out in the manner prescribed by the Regulations on the organization and conduct of the state examination, approved by the Decree of the Government of the Russian Federation of March 5, 2007 No. 145, for the primary state examination. Thus, the documents specified in paragraph 13 of the Regulations on the organization and conduct of the state examination are submitted for the repeated state examination.

The part of the design documentation to which changes were made, as well as the compatibility of the changes made with the design documentation, in respect of which the state expertise was previously carried out, is subject to expert assessment during the repeated state examination. If, after the initial state examination, changes are made to the legislation of the Russian Federation that may affect the results of the state examination, the submitted design documentation may be subjected to an expert assessment in full (clauses 44 and 45 of the Regulations on the organization and conduct of the state examination).

2008-03-24 Question
Good afternoon, please tell me what to be guided by - the Regulation "On the composition of sections ..", approved. 02/16/2008 No. 87 or SNiP 11-01-95, if the design began after March 6, 2008 and must be completed before July 1, 2008.

Answer: When determining the composition and content of sections of the project documentation, the development of which was started on 03/06/2008, that is, before the entry into force of the requirements established by the Regulation approved by Decree of the Government of the Russian Federation of 02/16/2008 No. 87, one should be guided by the current regulatory technical requirements for the development of project documentation .

2008-03-24 Question
During the construction of a garage complex on the street. Kulikovskaya ow. 2 the project has been changed in relation to the assignment of areas. Is it necessary to coordinate the reconstruction of the garage complex and which organization supervises?

Answer: If changes in the assignment of the areas of the garage complex entail changes in the parameters of the object, then the project requires re-approval by the customer after making the appropriate changes to it in the manner established by the Government of the Russian Federation. Supervision over the compliance of works performed in the process of construction with project documentation is carried out by state construction supervision bodies.

2008-03-20 Question
The administration issued a building permit for the facility on the basis of project documentation. Now, according to the results of the examination, changes are made to the project and the name of the object is changed. What about permission? The facility has been under construction since 2007, if the permit is cancelled, an unauthorized construction will be recognized. The legislation does not specify how changes to the permit are made. How to act in such a situation?

Answer: A permit for the construction of an object is issued on the basis of a positive conclusion of the state expertise on project documentation for the construction of this object. If the project documentation, which has received a positive conclusion from the state expertise, is subject to changes in technical solutions that affect the structural reliability and safety of the object, the project documentation is subject to re-examination in terms of assessing the corrected project documentation for compliance with regulatory requirements. If the change in the name of the object is associated with a deviation its parameters from the design documentation, then the design documentation is subject to re-approval by the customer after making changes to it in the manner established by the Government of the Russian Federation. These materials are submitted by the customer to the authority that previously issued a permit for the construction of the facility.

2008-03-19 Question
Please clarify the following question: In accordance with Art. 29 of the Town Planning Code, state authorities and local governments, associations of citizens, on their own initiative, can send draft territorial planning documents for state expertise. The same article states that sending a draft territorial planning document for state expertise or receiving a negative conclusion from the state expertise of a draft territorial planning document is not an obstacle to the approval of a territorial planning document. Previously, the issue of conducting state expertise was regulated by the Regulations "On conducting state expertise and approving urban planning, pre-project and design documentation in the Russian Federation", approved. Decree of the Government of the Russian Federation of December 27, 2000 No. No. 1008. This document became invalid due to the adoption of the Regulations "On the procedure for organizing and conducting state examination of project documentation and engineering survey results", approved. Government Decree No. 145 dated March 5, 2007 No. Questions: 1. What is the difference between the examination of project documentation for capital construction projects and the examination of territorial planning documents? 2. Which documents (documents of territorial planning or project documentation of capital construction facilities) include a project for planning the territory of a dacha non-profit association of citizens and a draft of its master plan? 3. Is the project for planning the territory of a dacha association subject to mandatory state expertise (all the land is privately owned)?

Answer: Clarifications on issues related to territorial planning documents are not within the competence of the Federal State Institution "Glavgosexpertiza of Russia". With these questions, please contact the Ministry of Regional Development of Russia.

2008-03-19 Question
We cannot find the Order of the Glavgosexpertiza No. 92-R dated 01.10.2007.

Answer: Order No. 92-r dated October 1, 2007 was not posted on the website. The specified order approved samples of documents of the Federal State Institution "Glavgosexpertiza of Russia" related to the verification of the reliability of determining the estimated cost of construction in the project documentation.

2008-03-18 Question
Please tell me where you can find the following document Order of the Federal government controlled"Glavgosexpertiza of Russia" No. 5 dated February 20, 2008. "Dangerous production facilities on which the declaration of industrial safety is being developed.

Answer: Hazardous production facilities that require the development of an industrial safety declaration are determined in accordance with Article 14 of the Federal Law "On Industrial Safety of Hazardous Production Facilities".
Appendix 2 to the order of the Federal State Institution "Glavgosexpertiza of Russia" dated 05.04.2007 No. 34-r, as amended in accordance with the order of the Federal State Institution "Glavgosexpertiza of Russia" dated 20.02.2008 No. 5-r, shows the distribution of powers for state examination of the design documentation of such objects between the Federal State Institution "Glavgosexpertiza of Russia" and its affiliates.

2008-03-18 Question
Is there a need to undergo any examinations of projects for the expansion, technical re-equipment, conservation and liquidation of hazardous production facilities that have passed in accordance with Art. 13. Clause 1 of the Federal Law "On Industrial Safety of Hazardous Production Facilities" examination of industrial safety?

Answer: In accordance with the Town Planning Code of the Russian Federation, project documentation for the expansion, technical re-equipment, conservation and liquidation of hazardous production facilities is not subject to state expertise. Examination of the specified design documentation is carried out in accordance with Article 13 of the Federal Law "On Industrial Safety of Hazardous Production Facilities".

2008-03-18 Question
Is it obligatory to agree on special technical conditions for fire protection of facilities agreed by the territorial bodies of the State Fire Service of a constituent entity of the Russian Federation in accordance with the order of the Ministry of Emergency Situations of the Russian Federation No. 141 of 2007 with Rosstroy?

Answer: In accordance with paragraph 5 of the Regulations, approved by Decree of the Government of the Russian Federation of February 16, 2008 No. 87, it is determined that the procedure for the development and approval of special technical conditions is established by the Ministry of Regional Development of Russia.

2007-12-11 Question
Is there an expiration date for expert opinions?

Answer: According to the current legislative and regulatory legal acts regulating the issues of conducting state examination of project documentation, expert opinions have no time limits and remain legally valid for the entire period of design, construction and operation of capital construction projects.
Note: Town Planning Code of the Russian Federation (subparagraph 11 "d" of part 1 of article 48.1).

2007-12-04 Question
What document determines the composition of project documentation submitted for state expertise?

Answer: By Decree of the Government of the Russian Federation of 05.03.2007 No. 145 (clause 3b), the preparation of a draft resolution of the Government of the Russian Federation on this issue was entrusted to the Ministry of Regional Development of Russia (the deadline for submitting this document to the Government of the Russian Federation is 01.06.2007).
Note: Until the decision of the Government of the Russian Federation is issued, one should be guided by the requirements of the Town Planning Code of the Russian Federation (part 12 of article 48) and the requirements of current regulatory documents (SNiP 11-01-95) insofar as they do not contradict the code.

2007-11-07 Question
What are the criteria for evaluating design decisions, on the basis of which a negative expert opinion is issued?

Answer: The main criterion for evaluating design solutions is compliance with the requirements of technical regulations (if they are absent, the requirements of other applicable regulatory documents) and the results of engineering surveys. If there is a discrepancy, the expert opinion must be negative.

2007-10-31 Question
Can changes be made to previously issued state expert opinions?

Answer: In accordance with the current legislative and regulatory legal acts regulating the procedure for conducting state expertise, it is not allowed to make any changes to the conclusions of the state expertise issued in accordance with the established procedure on previously reviewed project documentation.
Note: The conclusions of the state examination cannot be canceled, changed or suspended and can only be challenged in court.

2007-10-14 Question
Is it possible to agree on making changes to the project documentation that are not taken into account in the previously issued conclusion of the state expertise?

Answer: According to the current procedure for conducting state expertise, agreement on making changes to project documentation that do not meet the requirements set forth in previously issued state expertise conclusions is not allowed.
Note: Accordingly, expert bodies are not entitled to process such approvals in any form, including in separate letters.

2007-09-25 Question
What applies to military infrastructure facilities?

Answer:"Objects of military infrastructure" - special technological complexes, buildings and structures intended for command and control of troops, deployment and storage military equipment, military property and equipment, weapons testing, as well as military camps, industrial enterprises, public buildings and structures of the Armed Forces of the Russian Federation, other troops, military formations and bodies ensuring the defense and security of the Russian Federation.

2007-09-13 Question
Can the branches of the Federal State Institution "Glavgosexpertiza of Russia" be involved on a contractual basis in the conduct of state expertise by expert bodies of the constituent entities of the Russian Federation?

Answer: Clause 32b) of the Regulations, approved by Decree of the Government of the Russian Federation of 05.03.2007 No. 145, on the involvement of other organizations in the state examination refers to design, survey, research and other organizations. It does not apply to the activities of state expertise bodies.
Note: Branches of the Federal State Institution "Glavgosexpertiza of Russia" must carry out their activities in accordance with the powers established for them by appendices 1, 2, 3 to the order of the Glavgosexpertiza of Russia dated 04/05/2007 No. 34-r (posted on the Rosstroy website) and order dated 04/25/2007 No. 38 -R.

2007-09-09 Question
Do freelance (involved) experts have the right to sign the conclusions of the state expertise?

Answer: According to clause 36 of the Regulations approved by Decree of the Government of the Russian Federation No. 145 dated March 5, 2007, the conclusion of the state examination is signed by the state experts who participated in the examination and approved by the head of the organization for the state examination or an official authorized by such head.