A public service is an activity of authorized bodies carried out within their competence and aimed at the realization of interests and rights, ensuring the fulfillment of the duties of the persons who initiated it. Its financing is carried out at the expense of the budget at the appropriate level (federal or regional). Normative acts also provide for such a concept as municipal services . This activity, respectively, is carried out by authorized structures of the Ministry of Defense. It is funded by the local budget.
Interdepartmental interaction of state bodies: Federal Law No. 210-FZ
An administrative reform was carried out to improve the quality and reduce the time for the provision of municipal and public services. As a result, in 2010 a normative act came into effect regulating the activities of authorized bodies (Federal Law No. 210). One of the key points in organizing the work of competent structures was interagency cooperation. Since 2010, government bodies have no right to demand from individuals and legal entities documents that are available to government agencies. Since the enactment of the normative act, about 3 million requests have been sent - this is the number of times that citizens have not spent their time in lines for information. The provisions of the Federal Law No. 210 apply to municipal services. Since 2012, new rules and prohibitions have been in force in every Moscow Region.
SMEV
At the initial stage of the transition to interdepartmental interaction of state bodies, it was required to create a full-fledged electronic information exchange system. For the implementation of this task, an SMEV was formed. Since 2011, all authorized structures have switched to electronic interagency cooperation. Government agencies provide about 400 services. More than 1400 documents of the structure must receive from each other and can not require them from citizens.
Positive points
The process of transition to interdepartmental information interaction has influenced not only the technical side of the activities of authorized structures. The application of the new rules made it possible to significantly optimize internal operations, create new competencies for employees, and eliminate contradictions that existed in the requirements. For example, more than 260 redundant documents were revealed that government agencies requested from citizens.
The concept of the Ministry of Economic Development
It was developed at the end of 2013. The main theme of the concept is the optimization of the planning and implementation mechanisms of interdepartmental interaction of state bodies . It identifies key areas for further development of the system. Among them:
- Increasing the number of participants in interagency cooperation (inclusion in the system of subordinate structures, credit and other organizations).
- Improving the quality of information posted in the Unified Register.
- Distribution of interagency cooperation in the control and supervisory sphere of activity.
- Optimization of rules for the development of regulations.
- Creation of legal grounds for the interaction of government agencies in different regions.
As part of the administrative reform, the provisions of more than 100 Federal Laws were adjusted. As a result, obstacles to the organization of interdepartmental interaction between government bodies were eliminated.
Protection of the rights of legal entities and individual entrepreneurs
One of the most important areas of administrative system reform was the limitation of government agencies' interference in economic activity, the elimination of excessive regulation and the mitigation of barriers to business. For the implementation of the tasks it was decided to use the successful experience of introducing the order of interdepartmental interaction of public authorities in the field of state control (supervision). The legal basis was Federal Law No. 306 dated November 3, 2015. The regulatory act provides for the extension of the mechanism of interaction between departments to implement control and oversight functions. This law has defined a new stage in the development of the control system.
The nuances of applying standards
It should be borne in mind that the Law on Interdepartmental Interaction of State Bodies provides for the use of the mechanism not for all categories of documents. The Federal Law No. 210 establishes a closed list of personal securities. Their applicants are required to provide in person. The subjects of the Rosreestr provide:
- Identity Documents.
- State of the state registration of acts of the citizen. condition.
- Document certifying registration (registration) at the place of stay / residence.
- Archival papers.
- Sentences, decisions, orders, determination of arbitrations and courts of general jurisdiction.
- Constituent documentation.
- Permits, conclusions, decisions issued by guardianship and trusteeship bodies.
- Title papers on immovable objects, the rights to which were not registered in the Unified State Register.
What documents can not be submitted to Rosreestr?
The regulation of interdepartmental interaction between public authorities provides a list of securities that the applicant has the right not to present for state registration of rights to real estate and transactions with it or for the implementation of cadastral registration of such property. The list includes:
- A document certifying that a land plot belongs to a certain category. It is the decision to classify the site as one or another category of land.
- The document certifying the permitted use of the allotment (decision).
- A document confirming the transfer of a residential property to non-residential or non-residential to residential.
- Building permit.
- Extract from the house book - a certificate of entities vested with the right to use the premises.
- Permission to put the facility into operation.
- Extract from the register of municipal / state property.
- The conclusion certifying that the created or constructed real estate object is located within the boundaries of the site allocated for private property.
- A document specifying the address or location description of a structure or allotment.
- The decision to organize and conduct tenders.
- A document certifying the publication of an auction / tender notice.
- Passport on the object of cultural heritage.
- The protocol following the results of the tenders held with the aim of selling the right to conclude an agreement on the lease of land allotment.
- Other documents held by executive structures of the Russian Federation, bodies of territorial self-government, organizations and institutions subordinate to them. An exception is provided for securities, the list of which is established by Part 6 of Article 7 of the Federal Law No. 210, as well as which, in accordance with the provisions of Art. 17 Federal Law No. 122, serve as the basis for state registration of rights (except for building permits and commissioning).
The applicant is entitled to independently present the above papers at his own request.
Inquiry
It should contain information about the basic information resource for which documents and data are requested. If the applicant has not provided paper and information, the request includes:
- The name of the sending authority or organization.
- Name of the addressee.
- The name of the municipal / public service for which a document or information is required. If its identifier is provided in the registry, then it is indicated in the request.
- A reference to the provisions of a regulatory act, in accordance with which the provision of a document / information, its details are established.
- Data defined in administrative regulations for the paper or data sought.
- Contact information for sending a response.
- Date of dispatch, full name, position of the employee who prepared and sent the request. The email address is also indicated. mail or phone number (office).
- Information on obtaining consent enshrined in Part 5 of Article 7 of the Federal Law No. 210.
The requirements of the above paragraphs do not apply to requests for information and documents within the framework of informational interagency cooperation using the SMEV system and regional bases connected to it.
The timing
Preparation and submission of a response to an interdepartmental request for information and documentation provided for in paragraph 2 of Part 1 of Article 7 of the Federal Law No. 210 for the provision of municipal / state services should be carried out within 5 days (workers). When carrying out cadastral registration or state registration of property rights, the period is reduced to 2 days. Calculation is carried out from the date of receipt of the request to the organization / body that provides information or documentation, unless other periods are fixed by federal legislation, regional laws adopted in accordance with them, as well as regulatory acts of the Government.
Conclusion
Interagency cooperation carried out in order to obtain and provide information and documentation provided for in paragraph 2 of Part 1 of Article 7 of the Federal Law No. 210 is electronically regulated by the Regulation on the Council of Ministers of Economic Relations. It is approved by a government decree and regulations adopted in accordance with it by the highest executive structures of regional power. The rules for obtaining / providing information and documentation can be established by acts of a constituent entity of the Russian Federation, a territorial self-government body, taking into account the provisions of Federal Law No. 210. Untimely submission or non-provision by an organization / body of information and papers referred to in paragraph 2 of Part 1 of Art. 7, at the request received, it does not serve as a basis for refusing the applicant to provide him with municipal / public services. An employee who has not submitted the required document or information that is at the disposal of the relevant organization / body bears the disciplinary, administrative or other liability provided for by regulatory enactments of the Russian Federation. Sanctions are also provided for persons who fail to respond to a request in a timely manner.