On the importance of administrative regulations for the provision of public services. Administrative regulations for the provision of state and municipal services

1. The development of a draft administrative regulation is carried out by a body providing a public service or a body providing a municipal service (hereinafter in this article - the body that is the developer of the administrative regulation).

2. Federal authorities executive power, bodies of state extra-budgetary funds, state corporations that are developers of administrative regulations, post draft administrative regulations on the official website on the Internet information and telecommunications network, created to post information on the preparation federal authorities executive power of draft normative legal acts and the results of their public discussion, in the manner established by the Government Russian Federation. Organs state power subjects of the Russian Federation, territorial state extra-budgetary funds, local government bodies that are developers of administrative regulations, post draft administrative regulations on the official website of the body that is the developer of administrative regulations on the Internet information and telecommunications network.

3. In the absence of an official website of the government body of the subject of the Russian Federation, which is the developer of the administrative regulations, the draft administrative regulations must be posted on the Internet information and telecommunications network on the official website of the subject of the Russian Federation.

(see text in the previous edition)

4. In the absence of an official website of the local government body, which is the developer of the administrative regulations, the draft administrative regulations must be posted on the Internet information and telecommunications network on the official website of the municipality, and in the absence of an official website of the municipality - on the official website of the subject of the Russian Federation .

(see text in the previous edition)

5. From the date of posting on the Internet information and telecommunications network on the corresponding official website, the draft administrative regulations must be available to interested parties for review.

(see text in the previous edition)

6. Draft administrative regulations are subject to independent examination and examination conducted by an authorized government body or an authorized local government body.

7. The subject of an independent examination of a draft administrative regulation (hereinafter referred to as the independent examination) is an assessment of the possible positive effect, as well as possible negative consequences implementation of the provisions of the draft administrative regulations for citizens and organizations.

8. An independent examination can be carried out by individuals and legal entities on their own initiative at their own expense. An independent examination cannot be carried out by individuals and legal entities who took part in the development of the draft administrative regulation, as well as by organizations under the jurisdiction of the body that is the developer of the administrative regulation.

9. The period allotted for conducting an independent examination is indicated when posting a draft administrative regulation on the official website on the Internet information and telecommunications network, created to post information on the preparation by federal executive authorities of draft normative legal acts and the results of their public discussion, and not may be less than fifteen days from the date of its posting.

(see text in the previous edition)

10. Based on the results of the independent examination, a conclusion is drawn up and sent to the body that is the developer of the administrative regulations. The body that is the developer of the administrative regulations is obliged to consider all received independent expert opinions and make a decision based on the results of each such expert examination.

11. Failure to receive the conclusion of an independent examination to the body that is the developer of the administrative regulation within the period allotted for conducting the independent examination is not an obstacle to conducting the examination specified in Part 12 of this article and the subsequent approval of the administrative regulation.

12. The subject of the examination of draft administrative regulations, carried out by authorized state authorities or authorized local government bodies, is to assess the compliance of draft administrative regulations with the requirements imposed on them by this Federal Law and other regulatory legal acts adopted in accordance with it, as well as assessment of the accounting of the results of independent expertise in draft administrative regulations.

13. The examination of draft administrative regulations developed by federal executive authorities, as well as bodies of state extra-budgetary funds of the Russian Federation, is carried out by a federal executive authority authorized by the Government of the Russian Federation in the manner established by the Government of the Russian Federation. Examination of draft administrative regulations developed by executive authorities of the constituent entities of the Russian Federation, and draft administrative regulations developed by local government bodies, is carried out in cases and in the manner established, respectively, by regulatory legal acts of the constituent entities of the Russian Federation and municipal legal acts.

Federal Law of July 27, 2010 N 210-FZ

(edited on December 3, 2011)

"On the organization of provision of state and municipal services"

(with amendments and additions coming into force from 01/01/2012)

ADMINISTRATIVE REGULATIONS

Article 12. Requirements for the structure of administrative regulations

• 1. The provision of state and municipal services is carried out in accordance with administrative regulations.
• 2. The structure of administrative regulations must contain sections establishing:
• 1) general provisions;
• 2) standard for the provision of state or municipal services;
• 3) composition, sequence and timing of administrative procedures, requirements for the procedure for their implementation, including features of the implementation of administrative procedures in electronic form;
• 4) forms of control over the implementation of administrative regulations;
• 5) pre-trial (out-of-court) procedure for appealing decisions and actions (inaction) of a body providing a public service, a body providing a municipal service, as well as officials, state or municipal employees.

Article 13. General requirements to the development of draft administrative regulations

• 1. The development of a draft administrative regulation is carried out by a body providing a public service or a body providing a municipal service (hereinafter in this article - the body that is the developer of the administrative regulation).
• 2. The draft administrative regulations must be posted on the Internet information and telecommunications network on the official website of the body that is the developer of the administrative regulations.
• 3. In the absence of an official website of the government body of the subject of the Russian Federation, which is the developer of the administrative regulations, the draft administrative regulations must be posted on the Internet information and telecommunications network on the official website of the subject of the Russian Federation.
• (as amended by Federal Law dated July 11, 2011 N 200-FZ)
• 4. In the absence of an official website of the local government body, which is the developer of the administrative regulations, the draft administrative regulations must be posted on the Internet information and telecommunications network on the official website of the municipality, and in the absence of an official website of the municipality - on the official website of the subject of the Russian Federation .
• (as amended by Federal Law dated July 11, 2011 N 200-FZ)
• 5. From the date of posting on the Internet information and telecommunications network on the corresponding official website, the draft administrative regulations must be available to interested parties for review.
• (as amended by Federal Law dated July 11, 2011 N 200-FZ)
• 6. Draft administrative regulations are subject to independent examination and examination conducted by an authorized government body or an authorized local government body.
• 7. The subject of the independent examination of the draft administrative regulation (hereinafter referred to as the independent examination) is the assessment of the possible positive effect, as well as the possible negative consequences of the implementation of the provisions of the draft administrative regulation for citizens and organizations.
• 8. An independent examination can be carried out by individuals and legal entities on their own initiative at their own expense. An independent examination cannot be carried out by individuals and legal entities who took part in the development of the draft administrative regulation, as well as by organizations under the jurisdiction of the body that is the developer of the administrative regulation.
• 9. The period allotted for conducting an independent examination is indicated when the draft administrative regulations are posted on the Internet information and telecommunications network on the corresponding official website. This period cannot be less than one month from the date of posting the draft administrative regulations on the Internet information and telecommunications network on the corresponding official website.
• (as amended by Federal Law dated July 11, 2011 N 200-FZ)
• 10. Based on the results of the independent examination, a conclusion is drawn up and sent to the body that is the developer of the administrative regulations. The body that is the developer of the administrative regulations is obliged to consider all received independent expert opinions and make a decision based on the results of each such expert examination.
• 11. Failure to receive the conclusion of an independent examination to the body that is the developer of the administrative regulation within the period allotted for conducting the independent examination is not an obstacle to conducting the examination specified in Part 12 of this article and the subsequent approval of the administrative regulation.
• 12. The subject of the examination of draft administrative regulations, carried out by authorized state authorities or authorized local government bodies, is to assess the compliance of draft administrative regulations with the requirements imposed on them by this Federal Law and other regulatory legal acts adopted in accordance with it, as well as assessment of the accounting of the results of independent expertise in draft administrative regulations.
• 13. The examination of draft administrative regulations developed by federal executive authorities, as well as bodies of state extra-budgetary funds of the Russian Federation, is carried out by a federal executive authority authorized by the Government of the Russian Federation in the manner established by the Government of the Russian Federation. Examination of draft administrative regulations developed by executive authorities of the constituent entities of the Russian Federation, and draft administrative regulations developed by local government bodies, is carried out in cases and in the manner established, respectively, by regulatory legal acts of the constituent entities of the Russian Federation and municipal legal acts.
• 13.1. The procedure for the development and approval of administrative regulations by federal executive authorities is established by the Government of the Russian Federation.
• (Part 13.1 introduced by Federal Law dated July 1, 2011 N 169-FZ)
• 14. The procedure for the development and approval of administrative regulations by the executive bodies of state power of a constituent entity of the Russian Federation is established by the highest executive body state power of a constituent entity of the Russian Federation.
• 15. The procedure for developing and approving administrative regulations for the provision of municipal services is established by the local administration.

Article 14. Requirements for the standard of provision of state or municipal services

The standard for the provision of state or municipal services provides for:

• 1) name of the state or municipal service;
• 2) the name of the body providing the public service or the body providing the municipal service;
• 3) the result of the provision of state or municipal services;
• 4) the period for providing state or municipal services;
• 5) legal basis to provide state or municipal services;
• 6) an exhaustive list of documents required in accordance with legislative or other regulatory legal acts for the provision of state or municipal services, divided into documents and information that the applicant must submit independently, and documents that the applicant has the right to submit on his own initiative, since they are subject to representation within the framework of interdepartmental information interaction;
• (as amended by Federal Law dated July 1, 2011 N 169-FZ)
• 7) an exhaustive list of grounds for refusal to accept documents necessary for the provision of state or municipal services;
• 8) an exhaustive list of grounds for refusal to provide state or municipal services;
• 9) the amount of fees charged from the applicant for the provision of state or municipal services, and the methods of collecting it in cases provided for federal laws adopted in accordance with them by other regulatory legal acts of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation, municipal legal acts;
• 10) the maximum waiting period in line when submitting a request for the provision of a state or municipal service and upon receiving the result of the provision of a state or municipal service;
• 11) the deadline for registering the applicant’s request for the provision of state or municipal services;
• 12) requirements for the premises in which state and municipal services are provided, for the waiting room, places for filling out requests for the provision of state or municipal services, information stands with samples of their completion and a list of documents required for the provision of each state or municipal service;
• 13) indicators of accessibility and quality of state and municipal services;
• 14) other requirements, including those taking into account the specifics of the provision of state and municipal services in multifunctional centers and the specifics of the provision of state and municipal services in electronic form.

The concept of "administrative regulations for the provision of state and municipal services." A novelty of the administrative reform, which has received mixed reviews in the literature, is the introduction as an independent state function of the provision of state and municipal services by executive authorities and local administrations.

The function of providing state and municipal services is understood as the activity of implementing the functions of executive authorities, local self-government bodies, which is carried out by them directly or through subordinate institutions or other organizations at the request of applicants within the powers of the bodies established by regulatory legal acts of the Russian Federation and regulatory legal acts of the constituent entities of the Federation providing services.

State (municipal) service is expressed in the performance by the body providing services of administrative actions and (or) decision-making that entails the emergence, change or termination of legal relations or the emergence of documented information (documents) in connection with the appeal of an individual or legal entity(or their authorized representatives) in order to exercise their rights, legitimate interests or fulfill the duties assigned to them.

A service as a management function is characterized by the following characteristics: it provides activities of a generally significant nature and realizes public interests; addressed to an indefinite number of persons; implemented by a body obliged to provide services directly or to other authorized entities; is based on both public and private property; is provided to applicants free of charge or for a fee in cases established by the legislation of the Russian Federation.

State and municipal services are provided through commercial and non-profit organizations, including federal government agencies and federal state unitary enterprises. Compliance of the quality and availability of public services with established requirements is ensured by authorized executive authorities by exercising control and supervision over the provision of public services by these organizations.

Executive authorities ensure the publication of a list of public services provided free of charge and on a paid basis, prices for services, as well as requirements for the quality and availability of public services. Standards for financial costs for the provision of state and municipal services are developed and approved by federal executive authorities (Article 177 of the Budget Code of the Russian Federation).

The entities obligated to implement the administrative regulations for the provision of public services are the state executive body, the local government body vested with the relevant state powers; an organization authorized to provide a public service on the basis of a legal act of an executive authority or an agreement on the performance of work or provision of services for public needs. A significant part of services (public services in the field of education, healthcare, housing and communal services, culture, etc.) are provided by executive authorities and local governments not directly, but through specialized government agencies.

Particular attention should be paid to the issue of transferring functions for the provision of public services to the non-state sector. Such transfer is permitted by law in an administrative manner (mainly to a specially created structure) on a contractual basis.

Another option for transferring the function of providing public services to non-state structures appears as a consequence of a political decision to withdraw or reduce the influence of the state on the regulation of one or another type of relationship. In such a case, the regulation of relations in this area is transferred to the non-state sector.

Whichever option is used to transfer government functions, the need to maintain government control over the procedures and quality of service provision is obvious.

Due to the lack of regulatory regulation of such transfer of government functions, scientific publications justify the need:

Defining the criteria on the basis of which public services to be transferred to non-state entities will be identified;

Defining the criteria that non-state actors must meet in order to perform public services;

Determination of the conditions for their transfer * (78).

A kind of intermediate model between the provision of services by executive authorities and local governments directly or through budgetary institutions is the provision of public services by autonomous institutions - non-profit organizations created by the Russian Federation, constituent entities of the Federation or municipalities to perform work, provide services in order to implement those provided for by the legislation of the Russian Federation powers of state authorities, powers of local governments in the field of science, education, healthcare, culture, social protection, employment, physical culture and sports*(79).

Administrative regulations for the provision of public services are a normative legal act of an executive body, establishing the timing and sequence of administrative procedures and administrative actions of an executive body, carried out at the request of an individual or legal entity within the powers established by regulatory legal acts of the Russian Federation in accordance with the requirements of the Federal Law dated July 27, 2010 N 210-FZ “On the organization of the provision of state and municipal services” * (80).

The administrative regulations for the provision of public services also determine the procedure for interaction between the structural divisions of the executive authority and officials, the interaction of the executive authority with applicants, other state and local government bodies, institutions and organizations in the provision of public services.

Administrative regulations for the provision of public services are developed in the same manner as regulations for the performance of government functions, namely by executive authorities whose scope of activity includes the provision of public services.

The main purpose of the administrative regulations for public services is to optimize (increase the quality) of the provision of public services. In particular, an important criterion for the quality of provision of public services is the reduction in the number of documents submitted by applicants for the provision of public services, the use of new forms of documents that eliminate the need for repeated provision of identical information, reducing the amount of interaction between applicants and officials, including through the implementation of certain administrative procedures (actions) based on multifunctional centers for the provision of state and municipal services and the implementation of the “one window” principle, the use of interdepartmental approvals in the provision of public services without the participation of the applicant, including the use of information and communication technologies, reducing the period for providing public services, as well as the deadlines for the execution of certain administrative procedures and administrative actions within the framework of the provision of public services.

Administrative regulations for the provision of public services are approved by regulatory legal acts of executive authorities (orders, resolutions), whose competence includes the provision of the relevant public service, or by regulatory legal acts of higher executive authorities. If several executive authorities are involved in the provision of a public service, the administrative regulations for the provision of the corresponding public service are approved by a joint regulatory legal act (orders, resolutions) of the executive authorities. The name of the regulation is determined by the executive body that approves it, taking into account the provisions of the normative legal act that provides for the public service.

In the manner established by the regulations approved by the executive body, public services are also provided by local government bodies within the framework of certain state powers of the subject of the Federation transferred to them on the basis of the law of the subject of the Federation.

Administrative regulations for the provision of public services are subject to state registration in the same manner as regulations for the performance of government functions. They are submitted by executive authorities to the Ministry of Justice of the Russian Federation or its territorial bodies.

The structure of administrative regulations for the provision of state and municipal services. The requirements for the structure of administrative regulations for the provision of state and municipal services are established in Article 12 of Law No. 210-FZ.

The structure of administrative regulations should contain: general provisions; standard for the provision of state or municipal services; composition, sequence and timing of administrative procedures, requirements for the procedure for their implementation, including features of the implementation of administrative procedures in electronic form; forms of control over the implementation of administrative regulations; pre-trial (out-of-court) procedure for appealing decisions and actions (inaction) of a body providing a public service, a body providing a municipal service, as well as officials, state or municipal employees.

As you can see, a feature of the structure of administrative regulations for the provision of public services is the mandatory presence of a standard for the provision of public services.

The standard for the provision of public services must contain the following elements: name of the public service; name of the executive body directly providing the public service. This part of the standard must also indicate the requirements of paragraph 3 of Art. 7 of Law N 210-FZ, namely: establishing a ban on requiring the applicant to carry out actions, including approvals, necessary to obtain public services and related to applying to other government bodies and organizations; the result and timing of the provision of public services; a list of regulatory legal acts directly regulating the provision of public services; list of documents required in accordance with legislation and other regulatory legal acts for the provision of public services.

The documents submitted by the applicant in connection with the provision of public services are provided as appendices to the administrative regulations. If the forms of these documents are established by acts of the President of the Russian Federation or the Government of the Russian Federation, as well as laws and other regulatory legal acts of a constituent entity of the Federation, they should not be provided as appendices to administrative regulations. The same requirement also applies to cases where the legislation of the Russian Federation or the legislation of a constituent entity of the Federation directly provides for the free form of these documents).

The administrative regulations must also indicate the requirements of paragraphs 1 and 2 of Art. 7 of Law N 210-FZ - establishing a ban on requiring the applicant to:

Providing documents and information or carrying out actions, the provision or implementation of which is not provided for by regulatory legal acts regulating relations arising in connection with the provision of public services;

Providing documents and information that are at the disposal of bodies providing public services, other government bodies, local government bodies, organizations in accordance with regulatory legal acts of the Russian Federation, regulatory legal acts of constituent entities of the Federation, municipal legal acts.

Requirements for administrative regulations for the provision of public services. General requirements for the provision of state and municipal services are provided for in Chapter 2 of Law No. 210-FZ * (81).

Services must comply with the norms of federal laws, regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Federation that establish requirements for their quality and availability.

As in the administrative regulations for the performance of state functions, the regulations for public services contain: a list of grounds for refusal to accept documents necessary for the provision of public services and grounds for suspension or refusal to provide public services; composition, sequence and timing of administrative procedures, as well as requirements for the procedure for their implementation; forms of control over the provision of public services; the procedure for pre-trial (out-of-court) appeal of decisions and actions (inaction) of the body providing public services, as well as officials.

In contrast to the mentioned regulations for the performance of state functions, the administrative regulations for the provision of public services contain some requirements arising from the specifics of their provision. Thus, the regulations of public services should define:

The procedure, amount and grounds for collecting state duty or other fees charged for the provision of public services;

The procedure, amount and grounds for charging fees for the provision of services necessary and mandatory for the provision of public services, including information on methods for calculating such fees;

The maximum waiting period in line when submitting a request for the provision of a public service, the service of an organization participating in the provision of a public service, and when receiving the result of the provision of such services;

Deadline for registering the applicant’s request for the provision of a public service, the service of an organization participating in the provision of a public service;

Requirements for premises, places for waiting and receiving applicants, posting information about the procedure for providing public services;

Indicators of accessibility and quality of public services (the number of interactions between the applicant and officials during the provision of public services and their duration, the possibility of receiving public services in a multifunctional center for the provision of state and municipal services, the possibility of obtaining information on the progress of the provision of public services (including using information telecommunication technologies) and other indicators of the quality and availability of public services);

Other requirements that take into account the peculiarities of the provision of public services, including in multifunctional centers for the provision of state and municipal services and the peculiarities of the provision of public services in electronic form.

Changes to the administrative regulations for the provision of public services are made in the event of changes in the legislation of the Russian Federation, including the legislation of the subject of the Federation regulating the provision of public services, changes in the structure of executive authorities whose scope of activity includes the provision of public services, as well as on proposals of executive authorities, based on the results of an analysis of the practice of applying administrative regulations for the provision of public services.