Cancellation of industry expertise for communication facilities. The issue of possible cancellation of state expertise of gas supply facilities requires careful study

None of the participants in the construction market fully supports the proposal of Gosstroy to cancel mandatory expertise project documentation. Among the most ardent opponents are designers, for whom, it would seem, this innovation should, first of all, make life easier.

The future of the design documentation examination institute was discussed at the XIII International Construction Congress IBC 2013, held in St. Petersburg on April 11-12. Within the framework of the Congress round table"Refusal of examination of project documentation: myths and reality". The event was attended by representatives of state and non-government state expertise, insurance companies, developers and the banking community. The round table was also visited by the correspondent of SROportal.

A grain of sand in the sea

In accordance with the current legislation of Russia, the state examination of project documentation is aimed at preventing the creation of facilities, the construction and use of which by physical and legal entities or does not meet the requirements of constructive and operational reliability of the buildings and structures under construction.

However, in December last year, the Federal Agency for Construction, Housing and Communal Services (Gosstroy) published a draft Federal Law “On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation”. The document was prepared in pursuance of the "road map" to improve the business climate in the construction industry.

The bill provides for the abolition of mandatory examination and results engineering surveys: state - at the level of subjects of the Russian Federation and non-state - all objects subject to non-state expertise.

Mandatory should remain only, which is carried out by the FAU "Glavgosexpertiza of Russia" and its branches in relation to certain categories of objects capital construction, including especially dangerous, technically complex and unique.

A heated discussion around this initiative has been going on for four months, and during this time the experts have managed to form a firm opinion that this reform in its current form is not advisable.

“Of course, the adoption of a set of measures set out in" "" is overdue. Many procedures now take hundreds of days to complete, when it should take tens of days. But the abolition of the examination of project documentation will not be a solution to the problem. This procedure now takes 45-60 days. This is a grain of sand in the sea of ​​time that is spent on obtaining other approvals. Sometimes years pass before it comes to project documentation. Well, we will cancel the examination, well, it will not be 2 years for the approval period, but 60 days less. I am not sure that this will radically change the situation,” says Vladislav Eremin, director of the St. Petersburg State Autonomous Institution Center for State Expertise.

According to the expert, it is necessary to solve the problem in a comprehensive manner, implementing in practice the entire list of measures laid down in the “ road map". At the moment, the document is being finalized by the Ministry of Economic Development and, according to Oleg Valov, Deputy Head of the Department of State Expertise of the GAU of the Moscow Region Mosoblgosexpertiza, now the road map is no longer about canceling the examination of project documentation, but simply about reducing the list of objects, subject to mandatory.

However, this also worries experts. “Who knows to what extent this list will be reduced? Maybe they will leave mandatory expertise only for such projects as the Baikonur and Plesetsk cosmodromes, as well as for wells with a depth of more than 50 m. There is a risk that the list will eventually turn out to be emasculated,” warns Vladislav Eremin.

The National Association of Designers also agrees with the official. As the President of the NOP noted during the April meeting on the "road map" with the Deputy Prime Minister of the Russian Federation Dmitry Kozak, an effective measure to improve the business climate in the construction industry is not the abolition of expertise in principle at a number of objects, but the exclusion of administrative restrictions on the activities of non-state expert organizations. “At the same time, this mechanism will be effective only in cases where (the customer) has the right to choose the most worthy, in his opinion, expert (expert organization), and the expert, in turn, is responsible for the results of the examination,” said Mikhail Posokhin.

professional rebellion

As it turned out, not only designers, but also other participants in the construction market are against the abolition of the examination of project documentation. So professional, who have been working in this market for many years and value their name, unanimously declare that they will not insure objects without an expert opinion.

“Certainly, a number of companies that deal with insurance on a non-professional basis will agree to insure objects even without a conclusion. As they say, any whim for your money. But, most likely, you will never receive compensation under such an insurance contract. Over the past few years, more than 1,000 such non-professional insurance companies have left the insurance market,” said Anatoly Kuznetsov, First Deputy Director of Gefest - St. Petersburg.

According to Anna Vrublevskaya, Deputy Territorial Director for Underwriting and Claims Settlement of the Territorial Directorate for the North-Western Federal District of the Sogaz Insurance Group, professional insurers now do not face the question: expertise or insurance? “Definitely both expertise and. Everyone should do their job. Insurance companies should not take on non-core functions, but we want to understand the risk that we take. And in this we are helped by state and non-state expertise,” Anna Vrublevskaya emphasized.

Representatives of the banking community also noted that they are not ready to issue loans to developers without the conclusion of a state or non-state examination of their project documentation.

Even the developers themselves say they do not want to let such an important matter go by itself. “We need an examination of project documentation. Designers can make mistakes. And sometimes it’s impossible to find it yourself, you need a third-party look, - says CEO CJSC SK RosStroy Sergey Levchuk. - If the mandatory examination is canceled, we will conduct an examination for our own. We have been building for 50 years, and our name and reputation is important to us. At the same time, we will spend the same time and the same money (1.5-2 million rubles) on the examination on our own, as if we went to the state authority or to the experts of another company.”

At the same time, developers still have a proposal to the authors of the bill: “There is no need to cancel the examination. But, I think, there is no need to conduct an examination to the extent that it is doing now. Some sections are clearly duplicated there, due to this, the volume and terms of the examination can be reduced, ”Sergey Levchuk is sure.

For the common good

Another function that, after the abolition of mandatory expertise, can be leveled and be left to the mercy of chance is the protection of public interests. “Attempts to simplify the examination, to get away from it lead to what we see at our construction sites. When multi-storey buildings are being built on IZHS sites that are not subject to examination and any kind of control, when all entrances to and all federal highways have already been built up in the Moscow Region, ”complained Alexander Ort, General Director of Non-Governmental Supervision and Expertise LLC.

According to the expert, the Russians have not yet realized their responsibility for what and where they build. Vladislav Eremin agrees with him: “It is the function of state bodies to monitor the observance of public interests. So that the necessary facilities are laid in the territory planning project, so that the building density does not exceed the maximum allowable, so that green spaces are provided. The customer of the construction does not need all this. His goal is maximum economic efficiency project. Ideally, his building should be a huge skyscraper built right along the borders of the red lines. Because it will bring maximum profit,” the expert noted.

Ministry officials agree with him. economic development, in which the "brainchild" of the State Construction Committee is being finalized. In the opinion of the Ministry of Economic Development on the bill, it is noted that the very concept of the document is based on the assumption of a relatively high quality the vast majority of currently being prepared and engineering surveys. However, “project documentation submitted for examination contains deviations from the established norms in 83.5% of cases. In 19.3% of cases, it is impossible to finalize the documentation based on the comments of the examination in the working order due to significant violations of the established requirements. According to business entities, engineering surveys are currently not carried out in full. In the event of the cancellation of the examination, it is possible to predict a further decrease in the volume of actually performed work, ”the published message emphasizes.

The materials of the department also note that the annual savings in funds allocated in the constituent entities of the Russian Federation for construction, as a result of the verification of reliability as part of the examination, amount to 683.5 billion rubles.

Thus, it is obvious that not only market participants, but also the state itself are ready to refuse examination of project documentation in one form or another.

In mid-February, the president signed into law a bill that would deregister communications networks. By doing this, he not only made life easier for telecom operators, but confused them.

09 September 2002 Order of the Ministry of Communications of the Russian Federation of 09.09.2002 N 113 "On Approval of the Rules for the Commissioning of Communication Facilities" was adopted in order to:

• organizational and technical support for stable and safe functioning of communication networks;
• compliance technical operation means of communication to the established rules, norms and requirements;
• determining the procedure for obtaining a special permit for the operation of communication facilities.

The above order established the rules for the commissioning of new communication facilities, as well as communication facilities, on which, as a result of reconstruction (expansion, technical re-equipment), the registered indicators have changed. At the same time, as established by clause 3.5 of this order, the commissioning of a communication facility includes:

1. acceptance of the structure by acceptance commissions, execution of an acceptance certificate;
2. issuance by the Roskomnadzor body of a permit for the operation of a communication facility.

After completion of the above procedures, the Telecom Operator receives a permission to operate and from that moment on, the “surrendered” communication objects are considered to be in compliance with all established state standards. This legal act (Order No. 113) is valid to this day, however, as will be indicated below with some clarifications.

February 09, 2007 Federal Law No. 14-FZ "On Amendments to the Federal Law "On Communications" was adopted, in accordance with which the Federal Law "On Communications" was supplemented two articles, namely:

Article 43.1. Examination of a system project of a communication network

"one. To ensure the integrity, stability of operation and security of the communication network common use it is mandatory to assess the compliance of a system design of a communication network with the requirements in the field of communication established by this Federal Law and (or) in accordance with it. Such an assessment is carried out in the form of an examination ... "

Article 43.2. Registration of a telecommunication network

"one. Registration is subject to a telecommunication network that is part of a public communication network if the calculated values ​​​​of the installed capacity of such a telecommunication network or their changes exceed those established by the federal body executive power in the field of communication, the corresponding values ​​... "

The above norms were adopted for building in our state new system commissioning of communication facilities - " Registration of a telecommunication network”, in order to facilitate for telecom operators the previously existing procedure. In connection with these changes, it was supposed to develop separate by-laws in pursuance of the above norms. Including the rules for conducting an examination of a system project, the rules for accrediting expert organizations for their examination of a system project, and others.

July 1, 2009 a decision was made to complete the issuance of operating permits (as previously provided for by Order No. 113) issued in a letter from the Ministry of Communications of the Russian Federation in order to switch to the new system "Registration of the telecommunication network".

"one. The procedure for commissioning communication facilities is carried out in accordance with the Rules for the Commissioning of Communication Facilities, approved by order of the Ministry of Communications of the Russian Federation dated 09.09.2002 No. 113.

2. Acceptance into operation of telecommunication networks is issued:

2.1. In case of participation in the acceptance committee of a representative of the Territorial Directorate of Roskomnadzor, approved by the head of the Territorial Directorate of Roskomnadzor, the Conclusion based on the results of work in the acceptance committee and signed by the representative of Roskomnadzor and the approved head of the telecom operator, the Acceptance Certificate of the completed construction of the communication facility by the acceptance committee, F. No. 14KS;

2.2. In case of non-participation in the acceptance committee of the representative of the Territorial Administration of Roskomnadzor, approved by the head of the telecom operator by the acceptance certificate of the completed construction of the communication facility by the acceptance committee, F. No. 14KS.

3. Permission to operate a communication facility is not issued

Thus, during the transitional period, it is planned not to issue permits for the operation of communication facilities, but to sign the acceptance certificates for the completed construction of the communication facility by the acceptance committee (representative of Roskomnadzor) for telecom operators.

In addition, N 14-FZ "On Amendments to the Federal Law "On Communications", in accordance with which the Federal Law "On Communications" was supplemented two articles, it was provided that telecommunication networks, the construction of which was carried out before the date of entry into force of this Federal Law, must be registered in accordance with the requirements of Article 43.2 of the Federal Law no later than January 1, 2010.

As expected before January 1, 2010 our state has not adopted the necessary by-laws in order to implement the legal norms of the new system "Registration of the telecommunication network". Therefore, it was clear to public authorities and telecom operators that it was necessary to abandon the planned plans before or after January 1, 2010.

January 2010 Law "On Amendments to Certain legislative acts Russian Federation on communications (in terms of eliminating gaps and conflicts in the legislation in the field of communications)”, which excluded subparagraph 26 of article 2 of the law “On communications”, which reveals the concept of “systemic project of a communications network”, and also invalidated articles 43.1 and 43.2, relating to examination of the system project of the communication network and registration of the telecommunication network. At the same time, the obligation of a telecom operator to use telecommunication networks subject to registration in accordance with the requirements of Article 43.2 of the Law "On Communications" for the provision of communication services is canceled only after registration of these telecommunication networks.

Summing up all the above, it is necessary to draw the following conclusions:

The new system “Registration of a telecommunication network”, which involves a system project, its examination in accredited organizations, registration of a network in a special manner, has not been implemented in the Russian Federation, the rules of law adopted for its implementation have become invalid.

Order of the Ministry of Communications of the Russian Federation of 09.09.2002 N 113 "On Approval of the Rules for the Commissioning of Communication Facilities" continues to be valid, however, with an adjustment for the fact that an operating permit is not issued - instead of it, a document called "Acceptance Certificate for the completed construction of a communication facility (form KS No. 14)".

This article was written to clarify the issues that arose in connection with the abolition of the system "Registration of the telecommunication network", which was never implemented in practice. The incorrect interpretation of the current situation in the media and in the professional communities of telecom operators creates the impression for some people that it is possible not to “hand over” communication facilities, to do without projects, examinations and other requirements, but this is not so - ORDER No. 113 has not been canceled!

Prepared revisions of the document with changes that have not entered into force

ConsultantPlus: note.

In the event that before 04.08.2018 a positive opinion was received in relation to the project documentation, provided for in Part 3.5 of Art. 49 (as amended, in force until 08/04/2018), an examination of such project documentation is not required.

2.2. If the capital construction facilities specified in paragraphs 4 and 5 of part 2 of this article are objects of mass stay of citizens, an examination of project documentation for the construction, reconstruction of these capital construction facilities is mandatory. The criteria for classifying capital construction objects specified in paragraphs 4 and 5 of part 2 of this article as objects of mass stay of citizens are approved by the federal executive body that exercises the functions of developing and implementing state policy and legal regulation in the field of construction, architecture, urban planning.

3. Examination of project documentation is not carried out if the construction or reconstruction of a capital construction object does not require a construction permit. Expertise of project documentation is not carried out in relation to sections of project documentation prepared for overhaul capital construction projects.

3.1. Examination of the results of engineering surveys is not carried out if engineering surveys were carried out for the preparation of design documentation for capital construction facilities specified in Part 2 of this Article, as well as if construction or reconstruction does not require a construction permit.

(see text in previous edition)

3.2. The results of engineering surveys may be sent for examination simultaneously with the design documentation or before the design documentation is sent for examination.

(see text in previous edition)

3.3. Design documentation of capital construction facilities specified in part 2 of this article, design documentation specified in part 3 of this article, and the results of engineering surveys performed to prepare such design documentation:

1) are subject to state expertise in cases where the estimated cost of construction, reconstruction, overhaul of capital construction facilities in accordance with the requirements of this Code is subject to verification for the reliability of its determination;

2) on their own initiative, the developer or technical customer may be sent for state or non-state expertise, except for the cases specified in clause 1 of this part.

(see text in previous edition)

3.4. The project documentation and the results of engineering surveys carried out for the preparation of such documentation for the following facilities are subject to state expertise:

2) objects, the estimated cost of construction, reconstruction, overhaul of which, in accordance with the requirements of this Code, is subject to verification for the reliability of its determination, with the exception of cases of construction, reconstruction, overhaul of linear objects and structures on them to perform connection (technological connection) measures ) capital construction facilities to gas distribution networks;

3) objects of cultural heritage of regional and local significance (in the event that the design and other characteristics of the reliability and safety of the specified object are affected during the work to preserve the object of cultural heritage of regional or local significance);

4) objects, construction, reconstruction of which is supposed to be carried out within the boundaries of specially protected natural areas;

5) waste disposal facilities, waste disposal facilities.

(see text in previous edition)

(see text in previous edition)

3.8. Examination of project documentation by the decision of the developer may not be carried out in relation to changes made to the project documentation that has received a positive conclusion from the examination of project documentation, if such changes are simultaneously:

1) do not affect the supporting building structures of the capital construction object, with the exception of replacement individual elements such structures to similar or other elements that improve the performance of such structures;

2) do not entail a change in the class, category and (or) originally established performance indicators of linear facilities;

3) do not lead to violations of the requirements of technical regulations, sanitary and epidemiological requirements, requirements in the field of protection environment, requirements of state protection of cultural heritage objects, requirements for safe use atomic energy, industrial safety requirements, requirements for ensuring the reliability and safety of electric power systems and electric power facilities, requirements for anti-terrorist protection of the facility;

4) correspond to the task of the developer or technical customer for the design, as well as the results of engineering surveys;

5) correspond to the decision on the provision of budget allocations for the implementation of capital investments, adopted in relation to the capital construction object of state (municipal) property in the prescribed manner, the cost of construction (reconstruction) of the capital construction object, carried out at the expense of budgets budget system Russian Federation.

3.9. Assessment of conformity of the changes made to the project documentation, which received a positive conclusion from the examination of the project documentation (including changes not provided for in Part 3.8 of this article), with the requirements of technical regulations, sanitary and epidemiological requirements, requirements in the field of environmental protection, requirements of state protection of cultural objects heritage, requirements for the safe use of nuclear energy, requirements for industrial safety, requirements for ensuring the reliability and safety of electric power systems and electric power facilities, requirements for anti-terrorist protection of a facility, design assignments by the developer or technical customer, results of engineering surveys, by decision of the developer or technical customer, can be carried out in the form of expert support by the executive authority or the organization that conducted the examination of the project documentation, which confirm the compliance with the external changes in the design documentation to the requirements specified in this part.

3.10. In the event that changes are made to the project documentation during expert support that require an examination of the project documentation, the executive authority or organization that conducted the examination of the project documentation, following the results of making these changes to this project documentation, in order to obtain the developer or technical customer specified in clause 9 of part 3 of Article 55 of this Code of the opinion, taking into account all these changes, the conclusion of the examination of project documentation is issued, information about which is subject to inclusion in a unified State Register conclusions of the examination of design documentation for capital construction facilities in accordance with Part 7.1 of this Article. At the same time, an additional direction of project documentation for the examination of project documentation is not required.

3.11. The procedure for the expert support provided for in parts 3.9 and 3.10 of this article, the issuance of an expert opinion on project documentation, as well as the procedure for confirming, during expert support, the compliance of changes made to the project documentation with the requirements of technical regulations, sanitary and epidemiological requirements, requirements in the field of environmental protection, and state protection requirements objects of cultural heritage, requirements for the safe use of atomic energy, industrial safety requirements, requirements for ensuring the reliability and safety of electric power systems and electric power facilities, requirements for anti-terrorist protection of the facility, the design assignment of the developer or technical customer, and the results of engineering surveys are established by the Government of the Russian Federation.

4. The state examination of project documentation and the state examination of the results of engineering surveys are carried out by the federal executive authority, the executive authority of the constituent entity of the Russian Federation authorized to conduct the state examination of project documentation, or state (budgetary or autonomous) institutions subordinate to these authorities, the State Atomic Energy Corporation Rosatom.

(see text in previous edition)

4.1. State examination of the project documentation of all objects specified in paragraph 5.1 of Article 6 of this Code, and state examination of the results of engineering surveys performed for the preparation of such project documentation, unless otherwise provided by the Federal Law "On the Enactment of the Town Planning Code of the Russian Federation", are carried out by the federal executive body specified in paragraph one of Part 3 of Article 6.1 of this Code, or by a state (budgetary or autonomous) institution subordinate to it, except for the cases specified in Part 4.8 of this Article, or in cases where by decree of the President of the Russian Federation in relation to objects defense and security or a regulatory legal act of the Government of the Russian Federation in relation to facilities, the construction, reconstruction of which is supposed to be carried out in the exclusive economic zone of the Russian Federation, on the continental shelf of the Russian Federation, inland other federal executive bodies have been determined in the lower sea waters, in the territorial sea of ​​the Russian Federation, as well as in relation to waste disposal facilities, waste disposal facilities, capital construction facilities that, in accordance with the legislation in the field of environmental protection, are category I facilities.

(see text in previous edition)

4.2. State expertise of project documentation for other capital construction projects and state expertise of the results of engineering surveys carried out for the preparation of such project documentation are carried out by the executive authority of the constituent entity of the Russian Federation or a state (budgetary or autonomous) institution subordinate to it at the location of the land plot on which construction is planned , reconstruction of a capital construction facility.

(see text in previous edition)

4.3. Non-state examination of project documentation and (or) non-state examination of the results of engineering surveys are carried out by legal entities that meet the requirements established by Article 50 of this Code.

4.4. Executive authorities, as well as institutions subordinate to them, the State Atomic Energy Corporation "Rosatom", which are specified in parts 4 - 4.2 of this article, are not entitled to participate in the implementation of architectural and construction design and (or) engineering surveys.

(see text in previous edition)

4.5. The legal entities specified in Part 4.3 of this article are not entitled to conduct a non-state examination of project documentation and (or) a non-state examination of the results of engineering surveys, if the preparation of such project documentation and (or) the performance of such engineering surveys were carried out by these legal entities. Violation of this requirement is the basis for the cancellation of the accreditation of these legal entities for the right to conduct a non-state examination of project documentation and (or) a non-state examination of the results of engineering surveys.

ConsultantPlus: note.

The provision of Part 4.6 of Art. 49 is not applied until 01.01.2020 to the state expertise to assess the reliability of the determination estimated cost conducted by experts who have the right to verify the validity in accordance with this document (as amended in force before 01/01/2019).

4.6. The preparation of conclusions of the state examination of project documentation and (or) state examination of the results of engineering surveys and non-state examination of project documentation and (or) non-state examination of the results of engineering surveys may be carried out by individuals certified in accordance with Article 49.1 of this Code, in the direction of the expert specified in qualification certificate.

4.7. Individuals, certified for the right to prepare expert opinions on design documentation and (or) engineering survey results in accordance with Article 49.1 of this Code, are not entitled to participate in such an examination if there is a personal interest in the results of such an examination, including if in the preparation of project documentation and ( or) the specified persons personally or their close relatives (parents, children, adoptive parents, adopted children, siblings, grandfather, grandmother, grandchildren), spouse participated in the performance of engineering surveys.

4.8. The state examination of design documentation for capital construction facilities of federal nuclear organizations and the state examination of the results of engineering surveys carried out for the preparation of such design documentation are carried out by the State Atomic Energy Corporation Rosatom.

(see text in previous edition)

5. The subject of examination of the results of engineering surveys is the assessment of the compliance of such results with the requirements of technical regulations. The subject of examination of project documentation are:

1) assessment of compliance of project documentation with the requirements of technical regulations, sanitary and epidemiological requirements, requirements in the field of environmental protection, requirements for state protection of cultural heritage sites, requirements for the safe use of atomic energy, industrial safety requirements, requirements for ensuring the reliability and safety of electric power systems and facilities electric power industry, the requirements of anti-terrorist protection of the facility, the assignment of the developer or technical customer for design, the results of engineering surveys, except for the cases of state examination of the design documentation of capital construction facilities specified in part 2 of this article, and the project documentation specified in part 3 of this article, in in accordance with clause 1 of part 3.3 of this article. When carrying out the state examination of project documentation, in respect of which the state environmental examination is being carried out, the assessment of the compliance of the project documentation with the requirements in the field of environmental protection is not carried out;

2) verification of the reliability of determining the estimated cost of construction of capital construction facilities in the cases established by part 2 of Article 8.3 of this Code.

(see text in previous edition)

5.1. When conducting an examination of project documentation prepared using cost-effective reuse project documentation, the sections of the project documentation that have not been amended are not evaluated for compliance with the requirements of technical regulations.

(see text in previous edition)

5.2. When conducting an examination of the design documentation of a capital construction facility that is not a linear facility, an assessment is made of its compliance with the requirements specified in Part 5 of this Article and in force on the date of issue of the town-planning plan of the land plot, on the basis of which such design documentation was prepared, provided that with less than one and a half years have passed since that date. When conducting an examination of the design documentation of a linear facility (except for cases where the construction, reconstruction of a linear facility does not require the preparation of territory planning documentation), its compliance with the requirements specified in Part 5 of this Article and in force on the date of approval of the territory planning project is assessed, based on which such project documentation was prepared, provided that no more than one and a half years have passed since the specified date. If more than one and a half years have passed since the date of issuance of the town-planning plan of the land plot or the date of approval of the draft planning of the territory, during the examination of the project documentation, an assessment of its compliance with the requirements specified in Part 5 of this Article and in force on the date of receipt of the project documentation for examination is carried out. When conducting an examination of the design documentation of a linear facility, for construction, the reconstruction of which does not require the preparation of documentation for the planning of the territory, an assessment is made of the compliance of this design documentation with the requirements specified in Part 5 of this Article and in force on the date of receipt of the design documentation for examination. If changes are made to the project documentation and (or) the results of engineering surveys that have received a positive conclusion from the examination of the design documentation and (or) the examination of the results of engineering surveys, when conducting an examination in relation to the design documentation and (or) the results of engineering surveys, in which the specified changes, or when confirming the conformity of the changes made to the design documentation with the requirements provided for in parts 3.8 and 3.9 of this article, an assessment of the compliance of the design documentation and (or) the results of engineering surveys or confirmation of the compliance of the changes made to the design documentation with the requirements specified in part 5 of this article and applied in accordance with this part during the initial examination of design documentation and (or) examination of the results of engineering surveys, as a result of which a positive conclusion was obtained from the examination of design documentation and (or) i) examination of the results of engineering surveys.

(see text in previous edition)

5.3. Project documentation and (or) results of engineering surveys, as well as other documents necessary for the examination of project documentation and (or) results of engineering surveys, are submitted in electronic form, including in the form of an information model, unless the documents required for the state examination of project documentation and (or) the results of engineering surveys, contain information constituting a state secret.

(see text in previous edition)

5.4. The executive authority or organization that conducted the examination of project documentation and (or) the results of engineering surveys ensures the non-disclosure of design decisions and other confidential information that became known to this executive authority or this organization in connection with the examination, unless the specified information shall be included in state information systems or sent to authorized bodies, organizations in accordance with this Code, other federal laws.

5.5. If, after receiving a positive conclusion from the state examination of the project documentation, within which the conformity assessment of the project documentation was carried out in the scope provided for in clause 1 of part 5 of this article, it is necessary to verify the reliability of determining the estimated cost of construction of capital construction facilities in the cases established by part 2 of the article 8.3 of this Code, an additional state examination of the project documentation is carried out in the amount provided for in clause 2 of part 5 of this article (provided that no changes were made to the project documentation).

6. It is not allowed to conduct other examinations of project documentation, with the exception of the examination of project documentation provided for in this article, the state historical and cultural examination of project documentation for work on the preservation of cultural heritage sites, as well as the state environmental examination of project documentation for objects, the construction, reconstruction of which is supposed to carry out in the exclusive economic zone of the Russian Federation, on the continental shelf of the Russian Federation, in internal sea waters, in the territorial sea of ​​the Russian Federation, within the boundaries of specially protected natural areas, in the Baikal natural territory, design documentation of gas stations, warehouses of fuel and lubricants in cases, if such filling stations and warehouses of fuel and lubricants are planned for construction and reconstruction within the boundaries of water protection zones in the territories of ports, infrastructure of inland waterways to it, including bases (structures) for parking of small boats, objects of bodies federal service security or are designed to ensure the uninterrupted and reliable operation of located on the territory Kaliningrad region power plants with an installed generating capacity of 100 MW and more, design documentation for waste disposal facilities, waste disposal facilities, artificial land plots at water bodies, design documentation of objects related in accordance with the legislation in the field of environmental protection to objects of category I, with the exception of design documentation for boreholes created on land plot provided to the subsoil user and necessary for regional geological survey, geological survey, exploration and production of oil and natural gas.

(in ed. federal laws dated December 31, 2005 N 210-FZ, dated December 18, 2006 N 232-FZ, dated May 16, 2008 N 75-FZ, dated December 30, 2008 N 309-FZ, dated July 18, 2011 N 243-FZ, dated July 19, 2011 N 246-FZ, dated 11/28/2011 N 337-FZ, dated 06/28/2014 N 181-FZ, dated 07/21/2014 N 219-FZ (as amended on 12/25/2018), dated 10/22/2014 N 315-FZ, dated 12/29. 2014 N 458-FZ, dated 08/03/2018 N 321-FZ, dated 08/02/2019 N 283-FZ, dated 08/02/2019 N 294-FZ)

(see text in previous edition)

6.1. In order to conduct a state expert review of project documentation and a state environmental review of project documentation for facilities, the construction or reconstruction of which is supposed to be carried out within the boundaries of specially protected natural areas, in the Baikal Natural Territory, such project documentation, in accordance with the procedure established by the Government of the Russian Federation, is submitted to:

(see text in previous edition)

1) the federal executive body authorized to conduct state examination of project documentation in relation to facilities, the construction, reconstruction of which is supposed to be carried out within the boundaries of specially protected natural territories of federal significance, in the Baikal natural territory, and in relation to especially dangerous, technically complex and unique objects , defense and security facilities, the construction, reconstruction of which is supposed to be carried out within the boundaries of specially protected natural areas of regional and local significance, in cases where the construction, reconstruction of such facilities within the boundaries of specially protected natural areas is allowed by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation;

(see text in previous edition)

2) the executive authority of the subject of the Russian Federation, authorized to conduct state examination of project documentation, in relation to objects, the construction, reconstruction of which is supposed to be carried out within the boundaries of specially protected natural areas of regional and local significance, with the exception of project documentation of the objects specified in clause 1 of this part .

(see text in previous edition)

Usually, network design expertise is carried out by the state, if the customer of the project, or the design organization that implements this project, shows its initiative. When this happens, the examination evaluates the compliance of the network design with the task that was given for the design. Compliance with those licenses for the provision of services that are available to the customer is also checked. This also includes mandatory requirements in the field of communications.

Examination of communication projects carried out by experts. They, in turn, are obliged to be guided by the requirements that the current legislation puts forward. And besides it, also additional legal and regulatory acts from the field of communications.

Completes project expertise, as usual, an expert opinion, which contains all the conclusions regarding the compliance of the communication project with the set terms of reference, or, on the contrary, non-compliance. It also indicates whether there are licenses for the provision of services, and whether the project meets the requirements in the field of communications.

Deficiencies in the design of the network

If a examination reveals shortcomings in the project, for example, incompleteness, or complete absence schemes, information, descriptions or calculations (as a result of which a positive conclusion of the examination is simply impossible), then a certain period is allocated for the elimination of these shortcomings, which is stipulated in the contract for the examination. And if the shortcomings are not eliminated within the agreed period, then the expert opinion will be negative. It, in turn, can be challenged through various judicial instances.

All expert opinions, which were issued as a result of the verification of the communication project, are entered by an accredited person in the register, as for the procedure for maintaining such a register, it is determined by Ministry information technologies In Russian federation. You should know that when experts-experts conduct an examination of the project, in this regard, they open an expert case.

Each expert file is kept by accredited person. The storage period is determined by the validity period of the license for the provision of communication services. Any withdrawal, destruction, or amendments to the expert case, during this period, is not allowed.

If expert opinion was lost for one reason or another, the applicant has the right to obtain a duplicate of it by contacting an accredited