GOVERNMENT OF THE RUSSIAN FEDERATION
Ordinance
No. 401 of July 30, 2004
ON FEDERAL ENVIRONMENTAL, INDUSTRIAL AND NUCLEAR SUPERVISION SERVICE
(editions of the enactments of the Government of the Russian Federation No. 23 of 21.01.2006, No. 335 of 29.05.2006, No. 767 of 14.12.2006, No. 404 of 29.05.2008, No. 814 of 07.11.2008, No. 43 of 27.01.2009, No. 649 of 08.08.2009, No. 975 of 01.12.2009, No. 67 of 20.02.2010, No. 438 of 15.06.2010,
No. 717 of 13.09.2010, No. 39 of 28.01.2011, No. 210 of 24.03.2011, No. 817 of 06.10.2011, No. 996 of 05.12.2011, No. 695 of 07.07.2012, No. 1037 of 11.10.2012)
The Government of the Russian Federation resolves to:
1. Approve the attached Statute of Federal Environmental, Industrial and Nuclear Supervision Service.
2. Invalid. – Ordinance of the Government of the Russian Federation No. 404 of 29.05.2008.
3. Federal Environmental, Industrial and Nuclear Supervision Service and the Ministry of Natural resources of the Russian Federation submit until October 1, 2004, to the Government of the Russian Federation draft regulatory legal acts in the field of implementation of state environmental control and conduct of state environmental review providing exclusion of duplication of the functions and assurance of coordination between Federal Environmental, Industrial and Nuclear Supervision Service and Federal Service for Supervision of Natural Resource Management.
4. The Ministry of Industry and Power of the Russian Federation and Federal Environmental, Industrial and Nuclear Supervision Service submit until November 1, 2004, to the Government of the Russian Federation draft regulatory legal acts providing entrusting the Service with the authorities of implementation of supervision of the activities of the authorized state and municipal bodies controlling the observance of the requirements of the town planning and housing legislation, obligatory codes and standards regulating civil engineering activities in the field of assurance of strength, stability and operational robustness of buildings and structures.
5. Invalid. – Ordinance of the Government of the Russian Federation No. 404 of 29.05.2008.
6. Permit Federal Environmental, Industrial and Nuclear Supervision Service to have up to 7 chairman deputies, including a secretary of state-deputy chairman, as well as up to 15 departments for basic areas of activity in the structure of the headquarters.
(edition of Ordinances of the Government of the Russian Federation No. 717 of 13.09.2010, No. 695 of 07.07.2012)
6.1 - 6.2. Invalid since January 28, 2011. – Ordinance of the Government of the Russian Federation No. 39 of 28.01.2011.
7. Invalid. – Ordinance of the Government of the Russian Federation No. 404 of 29.05.2008.
8. Agree with the proposal of Federal Environmental, Industrial and Nuclear Supervision Service regarding location of the Service headquarters at Moscow, ul. Taganskaya 34, bld. 1 and ul. Lukianova 4-8.
(Para. 8 in the edition of Ordinance of the Government of the Russian Federation No. 717 of 13.09.2010)
9. Invalid. – Ordinance of the Government of the Russian Federation No. 404 of 29.05.2008.
10. Admit invalid:
– Ordinance of the Government of the Russian Federation No. 779 of July 17, 1998 "On the Federal Executive Body Specially Authorized in the Field of Industrial Safety" (Code of Laws of the Russian Federation, 1998, No. 30, Art. 3775);
– Ordinance of the Government of the Russian Federation No. 938 of August 12, 1998 "On State Power Supervision in the Russian Federation " (Code of Laws of the Russian Federation, 1998, No. 33, Art. 4037);
– Ordinance of the Government of the Russian Federation No. 841 of December 3, 2001 "On the Approval of Provision on Federal Mining and Industrial Supervision of Russia" (Code of Laws of the Russian Federation, 2001, No. 50, Art. 4742);
– Ordinance of the Government of the Russian Federation No. 265 of April 22, 1998 "On the Approval of Provision on Federal Nuclear and Radiation Safety Supervision of Russia" (Code of Laws of the Russian Federation, 2002, No. 17, Art. 1684);
– Para. 2 of Ordinance of the Government of the Russian Federation No. 554 of September 5, 2003 "On the Financing of Actions on Supervision and Control Taken by State Power Supervision Institutions" (Code of Laws of the Russian Federation, 2003, No. 37, Art. 3588);
– Ordinance of the Government of the Russian Federation No. 180 of April 7, 2004 "Issues of Federal Industrial Supervision Service" (Code of Laws of the Russian Federation, 2004, No. 15, Art. 1473);
– Ordinance of the Government of the Russian Federation No. 192 of April 7, 2004 "Issues of Federal Nuclear Supervision Service" (Code of Laws of the Russian Federation, 2004, No. 15, Art. 1483).
Chairman of the Government
of the Russian Federation
M. FRADKOV
Approved by
Ordinance of the Government of
the Russian Federation
No. 401 of July 30, 2004
STATUTE
OF FEDERAL ENVIRONMENTAL, INDUSTRIAL
AND NUCLEAR SUPERVISION SERVICE
(editions of Ordinances of the Government of the Russian Federation No. 23 of 21.01.2006, No. 767 of 14.12.2006, No. 404 of 29.05.2008, No. 814 of 07.11.2008, No. 43 of 27.01.2009, No. 649 of 08.08.2009, No. 975 of 01.12.2009, No. 67 of 20.02.2010, No. 438 of 15.06.2010, No. 717 of 13.09.2010, No. 210 of 24.03.2011, No. 817 of 06.10.2011, No. 996 of 05.12.2011, No. 1037 of 11.10.2012)
I. General
1. Federal Environmental, Industrial and Nuclear Supervision Service (Rostechnadzor) is a federal executive authority exercising functions of development and implementation of the state policy and regulatory and legal control in the established sphere of activities, as well as in the sphere of industrial and nuclear supervision, functions of control and supervision in the sphere of atomic energy uses (except activities on development, manufacture, testing, operation and recuperation of nuclear weapons and military nuclear power installations), safety of electrical and thermal installations and networks (except household installations and networks), safety of hydraulic engineering structures (except navigable hydraulic engineering structures, as well as hydraulic engineering structures which the local self-government bodies are authorized to supervise over), safety of production, storage and application of explosive material of industrial purpose, as well as special functions in the field of state security in the specified sphere.
Federal Environmental, Industrial and Nuclear Supervision Service is:
· an authorized body of state safety regulation in atomic energy uses (a federal state supervision body in atomic energy uses);
(edition of Ordinance of the Government of the Russian Federation No. 1037 of 11.10.2012)
· an authorized body in the field of industrial safety (a federal state supervision body in the field of industrial safety);
(edition of Ordinance of the Government of the Russian Federation No. 996 of 05.12.2011)
· a state mining supervision body;
· a state energy supervision body;
(edition of Ordinance of the Government of the Russian Federation No. 996 of 05.12.2011)
· a state civil engineering supervision body;
(edition of Ordinance of the Government of the Russian Federation No. 996 of 05.12.2011)
· a regulatory body under the Convention on Nuclear Safety and the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management, as well as a competent body of the Russian Federation under the Amendment to the Convention on the Physical Protection of Nuclear Material.
In terms of the functions in the established sphere of activities, Federal Environmental, Industrial and Nuclear Supervision Service exercises powers of the authorities performing in the international treaties of the Russian Federation as the ones implementing necessary measures aimed at fulfilling the obligations of the Russian Federation ensuing from these treaties.
(Para. 1 of edition of Ordinance of the Government of the Russian Federation No. 717 of 13.09.2010)
2. The Government of the Russian Federation exercises the management of the activities of the Federal Environmental, Industrial and Nuclear Supervision Service.
(Para. 2 of edition of Ordinance of the Government of the Russian Federation No. 717 of 13.09.2010)
3. In its activities, Federal Environmental, Industrial and Nuclear Supervision Service is guided by the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation, international treaties of the Russian Federation, as well as this Statute.
(editions of Ordinances of the Government of the Russian Federation No. 404 of 29.05.2008, No. 717 of 13.09.2010)
4. Federal Environmental, Industrial and Nuclear Supervision Service exercises its activities directly or through its territorial offices in interaction with the other federal public authorities, public authorities of the constituent territories of the Russian Federation, local self-government authorities, public associations, and other organizations.
(Para. 4 of edition of Ordinance of the Government of the Russian Federation No. 717 of 13.09.2010)
II. Authorities
5. Federal Environmental, Industrial and Nuclear Supervision Service exercises authorities in the established sphere of activities as follows:
5.1 – 5.2.15. invalid. – Decree of the Government of the Russian Federation dated 29.05.2008 No. 404;
5.2.1. submits to the Government of the Russian Federation draft federal laws, regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation, and other documents requiring decision of the Government of the Russian Federation on the issues related to the sphere of the Service's activities as established in Clause 1 of this Statute;
(Para. 5.2.1 introduced by Ordinance of the Government of the Russian Federation No. 717 of 13.09.2010)
5.2.2. on the basis of and pursuant to the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation, independently accepts acts and regulatory legal acts in the established sphere of the activity as follows:
(Para. 5.2.2 introduced by Ordinance of the Government of the Russian Federation No. 717 of 13.09.2010)
5.2.2.1. federal codes and standards in the field of atomic energy uses in accordance with the legislation of the Russian Federation;
(Para. 5.2.2.1 introduced by Ordinance of the Government of the Russian Federation No. 717 of 13.09.2010)
5.2.2.2. procedure of issuing permits to implement activities in the field of atomic energy uses to employees of the nuclear facilities in accordance with the list of positions approved by the Government of the Russian Federation;
(Para. 5.2.2.2 introduced by Ordinance of the Government of the Russian Federation No. 717 of 13.09.2010)
5.2.2.3. requirements to the package and content of documents demonstrating safety of the nuclear facilities, radiation sources, nuclear material and radioactive substance storage facilities, radioactive waste storage facilities and/or safety of activities implemented in the field of atomic energy uses needed to license an activity in this field, as well as the procedure of reviewing these documents;
(Para. 5.2.2.3 introduced by Ordinance of the Government of the Russian Federation No. 717 of 13.09.2010)
5.2.2.3(1). procedure of submittal by the operating organization to the authorized state body regulating safety in atomic energy uses of documents containing safety assessment results of a nuclear installation nuclear material and radioactive substance storage facility, or radioactive waste storage facility and demonstrating safety of their operation, as well as requirements to the package and content of these documents;
(Para. 5.2.2.3(1) introduced by Ordinance of the Government of the Russian Federation No. 1037 of 11.10.2012)
5.2.2.3(2). procedure of safety review (safety demonstration review) of atomic energy facilities and/or activities in the field of atomic energy uses;
(Para. 5.2.2.3(2) introduced by Ordinance of the Government of the Russian Federation No. 1037 of 11.10.2012)
5.2.2.4. procedure of organization and implementation of supervision of the state nuclear material accounting and control system;
(Para. 5.2.2.4 introduced by Ordinance of the Government of the Russian Federation No. 717 of 13.09.2010)
5.2.2.5. requirements to the registration of facilities in the state register of hazardous industrial facilities and to maintaining this register;
(Para. 5.2.2.5 introduced by Ordinance of the Government of the Russian Federation No. 717 of 13.09.2010)
5.2.2.6. procedure of execution of the industrial safety declaration of hazardous industrial facilities and the list of data to be included in it;
(Para. 5.2.2.6 introduced by Ordinance of the Government of the Russian Federation No. 717 of 13.09.2010)
5.2.2.7. procedure of technical investigation of the causes of accidents, incidents and cases of loss of industrial explosive material;
(Para. 5.2.2.7 introduced by Ordinance of the Government of the Russian Federation No. 717 of 13.09.2010)
5.2.2.8. procedure of industrial safety review and requirements to execution of review conclusions;
(Para. 5.2.2.8 introduced by Ordinance of the Government of the Russian Federation No. 717 of 13.09.2010)
5.2.2.9. list of officials implementing state supervision of the safety of hydraulic engineering structures (except navigable hydraulic engineering structures);
(Para. 5.2.2.9 introduced by Ordinance of the Government of the Russian Federation No. 717 of 13.09.2010)
5.2.2.10. form of safety declaration of hydraulic engineering structures;
(Para. 5.2.2.10 introduced by Ordinance of the Government of the Russian Federation No. 717 of 13.09.2010)
5.2.2.11. procedure of formation and work regulations of the review boards for the state review of the safety declaration of hydraulic engineering structures;
(Para. 5.2.2.11 introduced by Ordinance of the Government of the Russian Federation No. 717 of 13.09.2010)
5.2.2.12. procedure of formation and conduct of affairs in implementing the state civil engineering supervision, and requirements to the documents to be included in these affairs;
(Para. 5.2.2.12 introduced by Ordinance of the Government of the Russian Federation No. 717 of 13.09.2010)
5.2.2.13. form of the certificate authorizing for a certain type or types of activities having impact on capital construction facilities;
(Para. 5.2.2.13 introduced by Ordinance of the Government of the Russian Federation No. 717 of 13.09.2010)
5.2.2.14. codes of rules in accordance with the legislations of the Russian Federation on technical regulation;
(Para. 5.2.2.14 introduced by Ordinance of the Government of the Russian Federation No. 717 of 13.09.2010)
5.2.2.15. methods of development and establishment of admissible limit release rates of radioactive substance into atmospheric air and admissible limit release rates of radioactive substance into water bodies;
(Para. 5.2.2.15 introduced by Ordinance of the Government of the Russian Federation No. 717 of 13.09.2010)