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REGULATIONS ON THE MINISTRY OF INDUSTRY AND ENERGY OF THE RUSSIAN FEDERATION

Legal wording of RF Government Regulations dated 10.09.2004 No. 477 and 26.01.2005 No. 40

The Government of the Russian Federation decrees:

1. To adopt the enclosed Regulations on the Ministry of Industry and Energy of the Russian Federation.

2. That the Ministry of Industry and Energy of the Russian Federation should submit, prior to October 1, 2004, the drafts of regulatory legal acts to the Government of the Russian Federation, for the purpose of abolition of authority acknowledged excessive provided for in subparagraph 5.2.26 of the Regulations on the Ministry of Industry and Energy of the Russian Federation and subparagraph 5.3.1 of the Regulations on the Federal Agency of the Russian Federation on Construction, Housing Maintenance and Utilities. 3. To resolve that pending the adoption of the relevant legal act of the Government of the Russian Federation, the Ministry of Industry and Energy of the Russian Federation shall adopt quarterly schedules for the transportation of oil through the main oil line network with regard to supply of petroleum, petroleum products and liquefied hydrocarbon gases to the domestic market.

M. Fradkov, Chairman of the Government of the Russian Federation

Ratified by the Decrees of the Government of the Russian Federation of June 16, 2004 N 284

I. General Provisions

1. The Russian Federation Ministry of Industry and Energy is a federal executive body, with policy-making and regulatory functions in the civil and defense industries and energy sector, as well as in aviation technology development, technical standardization and metrology, and mineral exploration under production-sharing agreements, and research and technology in the interests of national defense and security. (as in force under Regulations of the RF Government from 10.09.2004 N 477, from 26.01.2005 N 40)

2. The Russian Federation Ministry of Industry and Energy performs the functions of a federal technical control body and an authorized body making agreements about sharing of production concerning fields of all mineral deposits and resources under its authority. The Russian Federation Ministry of Industry and Energy performs coordination and control of the following agencies' activity (as they are under its supervision): the Federal Industry Agency, the Federal Agency for Technical Regulation and Metrology, the Federal Energy Agency. (as in force under Regulations of the RF Government from 26.01.2005 N 40)

3. In its work, the Russian Federation Ministry of Industry and Energy follows the Russian Federation Constitution, federal constitutional laws, federal laws, acts of the Russian Federation President and Government, international agreements of the Russian Federation, as well as the present Regulations.

4. The Russian Federation Ministry of Industry and Energy performs its work in cooperation with other federal bodies of executive power, bodies of executive power of the Russian Federation subjects, local authorities, social unions and other organizations.

II. Federal Powers

5. The Russian Federation Ministry of Industry and Energy has the following federal powers:

    5.1. Submits draft federal laws, normative legal acts of the Russian Federation President and Government and other documents to the Russian Federation Government, if they need its resolution, mainly concerning the matters of the determined sphere of the Ministry's supervision and the sphere of jurisdictional federal agencies, as well as a draft working plan and forecasting data of the Ministry's activity;

    5.2. Relying on and following the Russian Federation Constitution, federal constitutional laws, federal laws and acts of the Russian Federation President and Government, it ratifies the following normative legal acts independently:

      5.2.1. the system, the extent and the terms of providing information for the maintenance of a summary record of the defense-industrial complex's organizations and a unique test base, as well as for making resolutions of organizations' inclusion into the record or their exclusion;

      5.2.2. a list of mutual supplies of special complementary parts and material resources for manufacturing the production of military and commercial purposes within the manufacturing cooperation of the following union - the Commonwealth of Independent States;

      5.2.3. annual and quarterly balances for the main types of fuel, oil-products and petroleum gas;

      5.2.4. a form of introducing investment programs for the natural monopoly entities;

      5.2.5. methods of forming the planned targets of the governmental support of the coal industry in the financial sector, the system of using centralized reserved funds formed by means of these finances for the purpose of the coal industry governmental support and social support of the employees, released as coal producers have been liquidated or reformed, as well as a program of coal-producing regions' development and ? program of unpromising and unprofitable mine and open-pit liquidation;

      5.2.6. norms of the coal rate, norms of fuel stock forming, norms of power and heat energy, hydrocarbon material process loss;

      5.2.7. a rate of operational power reserves, the system of forming and distributing the process power reserve in the unified electric power system of Russia;

      5.2.8. a form of the power supply economy subjects' record, and the schedule of the working group referring the power supply economy subjects to the unified (Russian) electric power system;

      5.2.9. methods of gas stock accounting;

      5.2.10. a system of forming, maintaining and saving industrial microorganisms' cultures;

      5.2.11. methods of the national record of registered facultative certification systems;

      5.2.12. forms of the declaration of production correspondence to the technical regulations norms;

      5.2.13. registration rules for the declaration of production correspondence to the technical regulations norms;

      5.2.14. forms of the conformity certificate proving production correspondence to the technical regulations norms;

      5.2.15. a system of transferring the information about the issued conformity certificates to the national record of the issued certificates;

      5.2.16. a system of functions performed by the national standardization body;

      5.2.17. a system of forming expert committees of technical control;

      5.2.18. rules of creating, ratifying and using standards of units;

      5.2.19. metrological norms and regulations;

      5.2.20. a system of working-out and standardization of metering methods;

      5.2.21. lists of the measuring means which are to be tested;

      5.2.22. a system of presenting the measuring means for tests and detailed checks, ratification of the intervals between the tests;

      5.2.23. a system of accrediting for the right of performing the metering work and issuing the certificate of metering or applying a calibrating mark, the requirements of the metering work performance;

      5.2.24. a system of governmental metrological supervision;

      5.2.25. regulations on the registration of national art work products of licensed art assets according to the regulations of the executive power body entities of the Russian Federation;

      5.2.26 - 5.2.30. these regulations became inoperative - Statue of the RF Government from 26.01.2005 N 40;

      5.2.31. normative legal acts concerning other matters of the certain activity sphere of the Ministry and jurisdictional federal agencies, excluding those matters that are legally controlled only by the federal constitutional laws, federal laws, normative legal acts of the Russian Federation President and Government (according to the Russian Federation Constitution and federal constitutional laws, federal laws, acts of the Russian Federation President and Government);

    5.3. Arranges tenders according to the established order and signs governmental contracts for ordering goods supplies, work performance, offering some services for the Ministry's needs as well as for carrying out scientific research for other governmental needs in a certain sphere of business activity;

    5.4. Generalizes the practice of applying laws and regulations and analyses realization of the governmental politics in a certain sphere of activity;

    5.5. Performs the functions of the general administrator and the payee of the federal budget's means provided for the support of the Ministry and realization of its functions;

    5.6. Arranges receptions of citizens, prompt and full consideration of oral and written inquiries, makes decisions concerning these inquiries and sends replies to them during the statutory period;

    5.7. guarantees protection of National Security Information within its competence;

    5.8. Guarantees the Ministry's preparedness activity, as well as controls and coordinates the preparedness activity of its jurisdictional federal agencies;

    5.9. Arranges professional training of the Ministry's employees, their retraining, advanced training and probation;

    5.10. Cooperates with the public authorities of foreign countries and international organizations in a certain sphere of activity according to the established order;

    5.11. Realizes gathering, storage, accounting and using of the archive documents, appearing in the process of the Ministry's activity, according to the laws and regulations of the Russian Federation;

    5.12. Performs other functions in a certain sphere of activity, if these functions are specified by federal laws or normative legal acts of the Russian Federation President or Government.

6. For realizing its powers in a certain sphere of activity, the Russian Federation Ministry of Industry and Energy has the following rights:

    6.1. To request for and receive the information that is necessary for resolving issues included into the Ministry's competence according to the established order;

    6.2. To introduce the marks of distinction according to the established order in a certain sphere of activity and award employees with these marks in the specified spheres;

    6.3. To engage scientific and other organizations, scientists and specialists to resolve the issues included into the Ministry's sphere of activity according to the established order;

    6.4. To create coordination and consultative bodies (councils, committees, groups, collegiate), including interauthority bodies in a certain sphere of activity;

    6.5. To make printed-word media publish normative legal acts in a certain sphere of activity, official announcements, and other materials concerning the matters included into the Ministry's and jurisdictional federal agencies' competence.

7. In the established sphere of activity, the Russian Federation Ministry of Industry and Energy has no right to perform the functions of control and supervision, or the functions of governmental property management, except for the cases specified by the decrees of the Russian Federation President or Regulations of the Russian Federation Government. The limitations of the Ministry's powers specified by the first paragraph of the present article do not include the Minister's powers of managing property secured for the Ministry with the right of operational management, dealing with personnel affairs, or with organization of the Ministry's activity and its structural departments. In realizing legal regulation in the established sphere of activity, the Ministry has no right to give federal public authorities, public authorities' entities of the Russian Federation, or local authorities those functions and rights that are not specified by federal constitutional laws, federal regulations, acts of the Russian Federation President and Government, it either has no right to establish limitations for realizing citizens' rights and freedoms, rights of commercial and non-commercial organizations, except for cases when a possibility of such limitations by the acts of authorized federal bodies of executive power is specified by the Russian Federation Constitution, federal constitutional laws, federal regulations and those regulations that are published on the basis of and following the Russian Federation Constitution, federal constitutional laws, federal regulations, by the acts of the Russian Federation President and Government.

III. Activity Organization

8. The Russian Federation Ministry of Industry and Energy is headed by the Minister, who is appointed to his post and dismissed by the Russian Federation President on presentation of the Russian Federation Government Chairman. The minister is personally responsible for performance of the powers given to him by the Russian Federation Ministry of Industry and Energy and for realization of the state policy in the established sphere of activity. The Minister has deputies, appointed to their posts and dismissed by the Government of the Russian Federation. The number of deputy ministers is specified by the Government of the Russian Federation.

9. Structural departments of the Russian Federation Ministry of Industry and Energy are departments of the Ministry's guidelines. These departments include different divisions.

10. The Minister:

    10.1. Allocates responsibilities to his deputies;

    10.2. Ratifies Regulations concerning the Ministry's structural departments;

    10.3. Appoints and dismisses the Ministry's employees according to the established order;

    10.4. Resolves issues related to performing federal state service in the Ministry, according to the laws and regulations of the Russian Federation about state service;

    10.5. Ratifies the structure and the manning schedule of the Ministry on the basis of the salary fund and the number of employees, the budget of expenditure for its maintenance within the appropriations, ratified for the corresponding period, specified in the federal budget;

    10.6. Ratifies an annual working plan and a performance level of the federal agencies subject to the Ministry and reports of their activity;

    10.7. Offers draft statutes about federal agencies, statutes about the salary fund and the limit of the number of employees at the federal agencies of the Government of the Russian Federation on presentation of the heads managing the federal agencies subject to the Ministry;

    10.8. Makes suggestions concerning the Russian Federation Ministry of Finance;

    10.9. Offers draft normative legal acts and other documents specified in paragraph 5.1 of the present Statute to the Government of the Russian Federation;

    10.10. Suggests to the Government of the Russian Federation the creation, reorganization and liquidation of the federal state enterprises and organizations subject to the Ministry of federal agencies according to the established order;

    10.11. Gives instructions to the federal agencies subject to the Ministry and controls their realization;

    10.12. Abolishes resolutions of the federal agencies subject to the Ministry, contradicting federal laws and regulations, if a different system of resolution abolishment is not specified by the federal law;

    10.13. Appoints and dismisses deputy directors of the federal agencies subject to the Ministry on presentation of the federal agencies' directors as well as the heads of the federal agencies' territorial bodies;

    10.14. Singles out the Ministry's employees and the employees of the jurisdictional federal agencies and other persons working in a certain sphere for State Rewards of the Russian Federation and honorary titles;

    10.15. Issues normative orders, and non-normative orders concerning operational and other current issues of the Ministry's activity organization.

11. Financing of the expenses of the Russian Federation Ministry of Industry and Energy is realized by means of the federal budget.

12. The Russian Federation Ministry of Industry and Energy is a legal body, has a stamp with a picture of the Russian Federation state coat of arms with its full name, other stamps of the standard pattern, and accounts opened according to laws and regulations of the Russian Federation.

13. The Russian Federation Ministry of Industry and Energy is located in Moscow.



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