For transportation activities. The State Duma will consider a bill on licensing all types of passenger transportation. Requirements for a taxi driver
In a market economy, enterprises and entrepreneurs independently determine the profile of their activities. The task of the state is to ensure safe, qualified and reliable (from the point of view of protecting the interests of consumers) activities of transport operators in their chosen segment.
The solution to this problem begins with the admission of organizations and entrepreneurs to the implementation of motor transport activities, the basis of which throughout the world is the licensing system.
A license is a permit issued by an authorized state body to carry out a certain type of activity.
Licensing is inextricably linked with the system of structuring transport activities described in paragraph 6.1 and is aimed primarily at clearly identifying the position of a transport operator in the market.
The type of license issued depends on the economic and technological features of the segment in which the operator intends to operate. The set of requirements for a license applicant can vary from the simplest declarative registration to the need to prove one's professional suitability, financial viability, good reputation, availability of the necessary personnel, vehicles and equipment, etc. It depends on the nature of the activity in the relevant segment, on the level of potential risks with which it is associated, as well as on the tasks that the state sets in relation to a particular market segment. Thus, in order to stimulate the influx of operators into a certain segment, the bar for licensing requirements can be lowered; to increase the level of transportation safety, the corresponding requirements for vehicles and personnel training, etc. can be tightened.
Depending on the factors listed above, licensing can be:
- - permissive. In this case, in order to obtain a license, it is necessary to provide certain documents, sometimes passing exams. The issuance of a license may be refused due to the non-compliance of the applicant with the license requirements;
- - declarative (notifying). In this case, to obtain a license, it is enough to send certain information about the relevant business to the authorized body. An operator that notifies the state of the start of its activity is entered in the appropriate register and from that moment on its activity is considered legitimate, which, however, does not exempt it from checking compliance with the established licensing requirements.
Some types of transport activities can be carried out without a license. Usually these are services, the provision of which is accompanied by minimal commercial or physical risks, and (or) services that are inextricably linked with other licensed activities. Thus, in some countries forwarders do not need to obtain a license and can freely perform a range of services such as paperwork, transportation planning, temporary storage of goods, etc. (see box 7.1). However, if the freight forwarder's set of services includes transportation, then he must either have an appropriate license (if he performs the transportation himself), or involve only a licensed operator in the performance of the transportation.
The availability of licenses for transport operators allows:
- - the state - to provide safe and high-quality transport services, evaluate and regulate the ratio of supply and demand in various segments, manage intraspecific and interspecific competition;
- - licensed operators - to count on the protection of the state from unfair competition from organizations that do not have the appropriate license;
- - customers - expect to receive services from reliable qualified operators, as well as navigate the market, receiving clear information about the number of operators operating in various market segments, about the services that they, in accordance with their licenses, can or are required to provide, about their responsibility, etc.
Box 7.1. Do I need to license freight transport?
At the initial stage of market transformations in the Russian Federation, a licensing system was created in transport, which covered almost all types of transportation activities and was built on the basis of generally accepted approaches in the world. However, at a certain stage of reforms, in the context of the need to liberalize market activity and eliminate administrative barriers in the economy, the dismantling of this system began.
Currently1, in accordance with Federal Law No. 9E-FZ dated 04.05.2011 "On Licensing Certain Types of Activities"> in the cargo transportation sector, only transportation of goods by air is subject to licensing (except for the case when transportation is carried out to meet their own needs), and also transportation and handling of dangerous goods by rail, sea and inland waterways.
Obviously, this list does not cover all types of freight traffic. In particular, there is a complete lack of licensing for road freight transport, the most massive form of transport, where ensuring security and protecting the market from unscrupulous entrepreneurs is especially important. Even road transport of dangerous goods is not subject to licensing.
Decisions to eliminate the licensing system are often justified by references to the experience of developed countries, where the liberalization of the economy is allegedly accompanied by the abolition of licensing and the state system of admission to business in general. There is an opinion that the state licensing of operators can be replaced by insurance, voluntary certification or attestation carried out by self-regulatory organizations. However, a substantive analysis of the experience of developed countries refutes this point of view.
In international practice, the admission procedure is not always literally referred to as "licensing", but in any case is based on a rigid system of requirements that must be met by an applicant for work in a particular segment of the transport services market.
The requirements in force in the EU and the US for the admission of operators to the road freight transport market are described below.
In the European Union, in accordance with Council Directive 96/26/EC, undertakings intending to carry out road transport of goods must be in good standing, have a secure financial position and meet the requirements of professional competence.
To confirm a good reputation, the audit establishes that the person or company has not been subjected to legal prosecution, in particular of a commercial nature, and has not been recognized in the prescribed manner as incapable of doing business in the freight transport sector.
When checking the reliability of the financial position, the competent authority should analyze the company's annual report (if any), as well as financial security, including bank assets, credit status and history, tangible assets that can be considered as financial support for the business, costs (including the cost of acquiring vehicles funds) and own working capital. The business must have capital and reserves of at least €9,000 for one truck and €5,000 for each additional vehicle.
Professional competence is confirmed by the fact that the applicant has special knowledge, the composition of which is determined by the directive. The level of competence is checked on the basis of a mandatory written examination, which may be supplemented by an interview. Carriers of dangerous goods are subject to additional requirements established by the special Council Directive 94/55/EC.
In the U.S., interstate trucking companies must obtain registration from the Federal Motor Corner Safety Administration (FMCSA) and, in addition, obtain a registration number from the U.S. Department of Transportation (Department of Transportation), which is unique identifier of this operator for statistical observation, audit, consideration of claims and lawsuits, analysis. All companies applying for registration for the first time must pass a special security audit and operate without incident for 18 months in order to obtain permanent registration.
In addition, companies that are self-employed and are subject to the jurisdiction of the US Department of Transportation's Surface Transportation Board must obtain a special permit to operate in interstate traffic. The permit determines the type of transportation, the permitted routes and the type of cargo carried, as well as the conditions for performing the transportation (in particular, the level of liability and the amount of insurance coverage). Therefore, a company operating on different routes may need several such permits.
Finally, companies intending to carry out the transport of dangerous goods must obtain a special permit from the Ministry of Transport (Hazardous Materials Safety Permit).
Thus, in developed countries, a developed licensing system for road freight carriers is used not only to ensure the necessary level of transport activity safety, but also to protect all market participants from the activities of unreliable and unskilled operators.
The liquidation of the licensing system for trucks in Russia resulted in a significant decrease in the qualifications of many transport operators, unfair competition, dumping, and a drop in the level of service quality. It should be expected that with the development of market relations in Russia, all the principles generally accepted in the world for admission to transport activities will be implemented.
Decree of the Government of the Russian Federation of April 2, 2012 N 280
"On Approval of the Regulations on Licensing the Transportation of Passengers by Motor Vehicles Equipped for the Transportation of More Than 8 Persons (Except for the Case If the Specified Activity is Carried Out on Orders or for the Own Needs of a Legal Entity or Individual Entrepreneur)"
In accordance with the Federal Law "On Licensing Certain Types of Activities", the Government of the Russian Federation decides:
1. Approve the attached Regulations on licensing the transportation of passengers by motor vehicles equipped for transportation of more than 8 people (except for the case when the specified activity is carried out on orders or for the own needs of a legal entity or individual entrepreneur).
2. Recognize as invalid:
Decree of the Government of the Russian Federation of October 30, 2006 N 637 "On Approval of the Regulations on Licensing the Transportation of Passengers by Motor Vehicles Equipped for the Transportation of More Than 8 People (Except for the Case If the Said Activity Is Carried Out to Meet the Own Needs of a Legal Entity or Individual Entrepreneur)" ( Collection of Legislation of the Russian Federation, 2006, N 45, item 4711);
paragraph 23 of the amendments that are made to the acts of the Government of the Russian Federation on issues of state control (supervision), approved by Decree of the Government of the Russian Federation of April 21, 2010 N 268 "On the introduction of amendments and invalidation of certain acts of the Government of the Russian Federation on issues of state control ( supervision)" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2010, N 19, item 2316);
paragraph 24 of the amendments that are being made to the resolutions of the Government of the Russian Federation on issues of state duty, approved by Decree of the Government of the Russian Federation of September 24, 2010 N 749 "On amendments to certain resolutions of the Government of the Russian Federation on issues of state duty" (Collection of Legislation of the Russian Federation, 2010, No. 40, article 5076);
Decree of the Government of the Russian Federation of September 27, 2011 N 790 "On Amendments to the Decree of the Government of the Russian Federation of October 30, 2006 N 637" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2011, N 40, Art. 5552).
4. Establish that subparagraph "e" of paragraph 4 of the Regulations approved by this resolution becomes invalid from January 1, 2013.
Position
on licensing the transportation of passengers by motor vehicles equipped for transportation of more than 8 people (except for the case if the specified activity is carried out on orders or for the own needs of a legal entity or individual entrepreneur)
(approved by Decree of the Government of the Russian Federation of April 2, 2012 N 280)
With changes and additions from:
November 26, 2013, June 28, September 14, 2016, March 21, 2017, August 14, December 22, 2018
1. This Regulation determines the procedure for licensing the activity of transporting passengers by road transport equipped for the transport of more than 8 people (except for the case when the specified activity is carried out on orders or for the own needs of a legal entity or individual entrepreneur) (hereinafter - the activity of transporting passengers).
2. Licensing of activities for the transportation of passengers is carried out by the Federal Service for Supervision in the Sphere of Transport and its territorial bodies (hereinafter referred to as the licensing authority).
3. The following works are included in the activities for the transportation of passengers:
a) regular transportation of passengers in urban and suburban traffic;
b) regular transportation of passengers in intercity traffic.
4. Licensing requirements for carrying out activities for the carriage of passengers are:
a) the license applicant (licensee) has premises and equipment belonging to him on the basis of ownership or other legal grounds and meeting the established requirements for the maintenance and repair of vehicles, or an agreement with a specialized organization for the provision of services for the maintenance and repair of vehicles;
b) the applicant for a license (licensee) has drivers of vehicles who have concluded an employment contract with him or a contract for the provision of services and who have the necessary qualifications and work experience, as well as who have passed a medical examination in the prescribed manner;
c) the applicant for a license (licensee) has a license to carry out medical activities that provides for the performance of work (services) for medical examinations (pre-trip, post-trip), or the existence of an agreement on the provision of services for medical examinations (pre-trip, post-trip) with a legal entity or an individual an entrepreneur who has a license to carry out medical activities, providing for the performance of work (services) for medical examinations (pre-trip, post-trip);
d) the applicant for a license (licensee), on the right of ownership or on another legal basis, has the vehicles necessary for the performance of the work provided for in paragraph 3 of these Regulations, which correspond in purpose and design to the technical requirements for the ongoing transportation of passengers and are allowed in the prescribed manner to participate in road traffic;
f) use by the licensee of vehicles equipped in accordance with the established procedure with technical means of monitoring the driver's compliance with the regimes of movement, work and rest (when carrying out regular transportation of passengers in intercity traffic);
g) use by the licensee of vehicles duly equipped with GLONASS or GLONASS/GPS satellite navigation equipment;
h) compliance by the licensee with the requirements established by Article 20 of the Federal Law "On Road Safety";
i) compliance by the licensee with the requirements for the carrier in accordance with the Federal Law "Charter of Road Transport and Urban Ground Electric Transport", including the Rules for the Transportation of Passengers and Luggage by Motor Transport and Urban Ground Electric Transport;
Information about changes:
By Decree of the Government of the Russian Federation of September 14, 2016 N 924, paragraph 4 was supplemented with subparagraph "k"
j) compliance by the licensee with the requirements established in accordance with the Federal Law "On Transport Security".
5. Carrying out activities for the transportation of passengers by road with a gross violation of license requirements entails liability established by the legislation of the Russian Federation.
In this case, a gross violation is understood as a failure by the licensee to comply with the requirements provided for in subparagraphs "e", "g" and "h" (in terms of the requirements established by paragraphs four, seven and eight of paragraph 1 and paragraph six of paragraph 4 of Article 20 of the Federal Law "On Road Safety movement") of Clause 4 of these Regulations, which occurred repeatedly during the year or entailed the consequences provided for by Part 11 of Article 19 of the Federal Law
6. To obtain a license, the license applicant shall send or submit to the licensing authority an application and the documents specified in Article 13 of the Federal Law "On Licensing Certain Types of Activities", as well as the following copies of documents proving that the license applicant complies with the licensing requirements:
a) copies of documents confirming the existence, on the right of ownership or on other legal grounds, of vehicles intended for use for the carriage of passengers, their state registration, including copies of vehicle passports, coupons for passing the technical inspection of vehicles;
b) copies of documents confirming that the license applicant has premises belonging to him on the basis of ownership or other legal grounds and meeting the established requirements, the rights to which are not registered in the Unified State Register of Rights to Real Estate and Transactions with It (if such rights are registered in the specified register - information about these premises), as well as equipment for the maintenance and repair of vehicles, or a copy of the contract with a specialized organization for the provision of services for the maintenance and repair of vehicles;
c) a copy of the diploma of higher or secondary vocational medical education of a specialist performing a pre-trip medical examination and a certificate of completion of training under the additional educational program "Conducting a pre-trip examination of vehicle drivers" or a copy of an agreement with a medical organization or an individual entrepreneur that has an appropriate license for conducting pre-trip medical examinations;
d) copies of documents confirming the qualifications and length of service of drivers of vehicles of the license applicant and their passing a medical examination;
Information about changes:
By Decree of the Government of the Russian Federation of September 14, 2016 N 924, paragraph 6 was supplemented with subparagraph "d"
e) notification of the inclusion of the vehicle in the Register of categorized objects of transport infrastructure and vehicles and of the assigned category.
7. If the licensee intends to perform new works constituting the licensed type of activity, the application for reissuing a license shall indicate information about the types of work that the licensee intends to perform, as well as information about the documents specified in subparagraphs "a" and "d" of paragraph 6 of these Regulations .
The application for re-issuance also indicates information about the receipt by a legal entity, an individual entrepreneur of a notification about the inclusion of a vehicle in the Register of categorized objects of transport infrastructure and vehicles and about the assigned category, as well as about the compliance of their employees, their business activities and intended for use in the process carrying out their entrepreneurial activities of territories, buildings, structures, structures, premises, equipment, similar objects, vehicles with the requirements for ensuring transport security.
8. When checking the information contained in the application submitted by the license applicant (licensee) and the documents attached to it, the compliance of the license applicant (licensee) with licensing requirements, the licensing authority requests the information necessary for the provision of public services in the field of licensing, which is at the disposal of the bodies providing state services, bodies providing municipal services, other state bodies, bodies of local self-government or organizations subordinate to state bodies or bodies of local self-government, in the manner established by the Federal Law "On the organization of the provision of state and municipal services".
9. Submission by the license applicant of an application and the documents attached to it, their acceptance by the licensing authority, making a decision on granting a license (on refusal to grant a license), reissuing a license (on refusing to reissue a license), suspending, renewing, terminating and canceling a license, as well as the provision of a duplicate and a copy of a license, the formation and maintenance of a license file, the maintenance of a register of licenses and the provision of information contained in the register of licenses, are carried out in the manner established by the Federal Law "On Licensing Certain Types of Activities".
10. Information on the adoption by the licensing authority of a decision to grant or reissue a license, the results of the verification of the compliance of the license applicant (licensee) with the license requirements provided for in paragraph 4 of this Regulation, are posted in the federal state information system "Unified Portal of State and Municipal Services (Functions)" in the procedure established by the Government of the Russian Federation.
11. Information related to the implementation of the licensed activity, provided for by Parts 1 and 2 of Article 21 of the Federal Law "On Licensing Certain Types of Activities", is posted in the official electronic or print media of the licensing authority and (or) on information stands in the premises of the licensing authority in within 10 days from the day:
b) adoption by the licensing authority of a decision on granting, reissuing a license, suspension, renewal and termination of its validity;
c) receiving information from the Federal Tax Service about the liquidation of a legal entity or the termination of its activities as a result of reorganization, the termination by an individual of activities as an individual entrepreneur;
d) the entry into force of the court decision on the annulment of the license.
12. Licensing control is carried out in the manner prescribed by the Federal Law "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control", taking into account the specifics of organizing and conducting inspections established by the Federal Law "On Licensing Certain Types of Activities" .
13. For the issuance or renewal of a license by the licensing authority, the issuance of a duplicate license on paper, a state fee is paid in the amount and procedure established by the legislation of the Russian Federation on taxes and fees.
Electronic Services
Full service name
Issuance of a permit, reissuance of a permit, issuance of a duplicate permit and cancellation of a permit for carrying out activities for the transportation of passengers and luggage by passenger taxis in the city of Moscow
Conditions for obtaining services on the site
Who can apply for the service:
Legal entities
Individual entrepreneur
The applicants may be legal entities and individual entrepreneurs who have, on the basis of the right of ownership, the right of economic management or on the basis of a leasing agreement or a lease agreement, vehicles intended for the provision of services for the transportation of passengers and luggage by passenger taxis, as well as individual entrepreneurs if they use vehicles on the basis of a notarized power of attorney issued by an individual for the right to dispose of a vehicle, if these vehicles comply with the requirements established by Part 16 of Article 9 of the Federal Law of April 21, 2011 N 69-FZ "On Amendments to Certain Legislative Acts of the Russian Federation "and Article 2.1 of the Law of the city of Moscow dated June 11, 2008 N 22 "On a passenger taxi in the city of Moscow."
Service cost and payment procedure:
Is free
List of required information:
Application for a permit for the carriage of passengers and luggage by passenger taxi (for legal entities) (original, 1 pc.)
- Required
- Provided without refund
Application for a permit to transport passengers and luggage by passenger taxi (for an individual entrepreneur) (original, 1 pc.)
- Required
- Provided without refund
Identification document of the applicant (copy, 1 pc.)
- Required
- Provided without refund
Vehicle registration certificate (copy, 1 pc.)
- Required
- Provided without refund
Vehicle leasing agreement (copy, 1 pc.)
- Required
- Provided without refund
Vehicle lease agreement (copy, 1 pc.)
- Required
- Provided without refund
Notarized power of attorney for the right to dispose of the vehicle (copy, 1 pc.)
- Required
- Provided without refund
A document confirming the authority of the applicant's representative, if the applicant's representative applies. (copy, 1 pc.)
- Required
- Provided without refund
Terms of service provision
10 business days
The result of the service
Issued:
- Public Service Notice (certified copy, 1 pc.)
Informing the applicant or the representative of the applicant about the readiness of documents by phone and through the "personal account" subsystem of the Portal.
- Permission to carry out activities for the transportation of passengers and luggage by passenger taxis in the city of Moscow (original, 1 pc.)
If the applicant fails to appear for obtaining a permit or a duplicate of the permit within 40 working days from the date of entry in the Register of information on the provision of the relevant public service, these documents are canceled on the basis of a legal act of the Department. Information about the cancellation of the specified permit or a duplicate of the permit is entered into the Register within one working day from the date the Department makes such a decision.
- Public Service Notice (certified copy, 1 pc.)
Receipt Forms
On the WEB site
You can go to the executive authorities of the city of Moscow as part of a pre-trial appeal.
Pre-trial (out-of-court) procedure for appealing decisions
and (or) actions (inaction) of the Department, its officials
persons, civil servants
(as amended by the Decree of the Government of Moscow
dated 05/21/2015 N 307-PP)
1. The applicant has the right to file a pre-trial (out-of-court) complaint against the decisions and (or) actions (inaction) of the Department, its officials, civil servants taken (performed) in the provision of public services.
2. Filing and consideration of complaints is carried out in the manner established by Chapter 2.1 of the Federal Law of July 27, 2010 N 210-FZ "On the organization of the provision of state and municipal services", the Regulations on the specifics of filing and consideration of complaints about violations of the procedure for the provision of public services in the city of Moscow , approved by the Decree of the Government of Moscow dated November 15, 2011 N 546-PP "On the provision of state and municipal services in the city of Moscow", these Regulations.
3. Applicants may file complaints in the following cases:
3.1. Violation of the deadline for registering a request (application) and other documents necessary for the provision of public services, as well as the procedure for processing and issuing a receipt for receiving a request and other documents (information) from the applicant.
3.2. Requirements from the applicant:
3.2.1. Documents, the submission of which by the applicant for the provision of public services is not provided for by the regulatory legal acts of the Russian Federation and the city of Moscow, including documents obtained using interdepartmental information interaction.
3.2.2. Applications for the provision of services not included in the list of services approved by the Moscow Government that are necessary and mandatory for the provision of public services.
3.2.3. Making a fee for the provision of a public service that is not provided for by the regulatory legal acts of the Russian Federation and the city of Moscow.
3.3. Violation of the term for the provision of public services.
3.4. Refusal to the applicant:
3.4.1. In the acceptance of documents, the submission of which is provided for by the regulatory legal acts of the Russian Federation and the city of Moscow for the provision of public services, on grounds not provided for by the regulatory legal acts of the Russian Federation and the city of Moscow.
3.4.2. In the provision of public services on grounds not provided for by regulatory legal acts of the Russian Federation and the city of Moscow.
3.4.3. In the correction of misprints and errors in documents issued as a result of the provision of public services or in case of violation of the deadline for such corrections.
3.5. Other violations of the procedure for the provision of public services established by regulatory legal acts of the Russian Federation and the city of Moscow.
4. Complaints against decisions and (or) actions (inaction) of officials, state civil servants of the Department are considered by the head (authorized deputy head) of the specified executive authority of the city of Moscow.
Complaints against decisions and (or) actions (inaction) of the head of the Department, including decisions made by him or his deputy on complaints received in a pre-trial (out-of-court) procedure, are considered by a higher executive body of the city of Moscow in accordance with clauses 5.6, 6 of the appendix 6 to the Decree of the Government of Moscow dated November 15, 2011 N 546-PP "On the provision of state and municipal services in the city of Moscow".
5. Complaints may be filed with the executive authorities of the city of Moscow authorized to consider them in accordance with these Regulations (hereinafter referred to as the bodies authorized to consider complaints), in writing on paper, in electronic form in one of the following ways:
5.1. At the personal request of the applicant (representative of the applicant).
5.2. By mail.
5.3. Repealed from December 9, 2016. - Decree of the Government of Moscow of December 6, 2016 N 814-PP.
5.4. Using the official websites of the bodies authorized to consider complaints in the Internet information and telecommunications network.
6. The complaint must contain:
6.1. The name of the body authorized to consider the complaint or the position and (or) last name, first name and patronymic (if any) of the relevant official to whom the complaint is sent.
6.2. The name of the executive authority of the city of Moscow or the position and (or) surname, name, patronymic (if any) of the official, civil servant, decisions and (or) actions (inaction) of which are being appealed.
6.3. Information about the applicant (last name, first name, patronymic (if any) of an individual entrepreneur or name of a legal entity, information about the place of residence (location) of the applicant, contact phone number (numbers), email address (s) (if any) and postal address to which a response should be sent to the applicant).
6.4. The date of submission and registration number of the request (application) for the provision of public services (except for cases of appealing against the refusal to accept the request and its registration).
6.5. Information about decisions and (or) actions (inaction) that are the subject of appeal.
6.6. Arguments on the basis of which the applicant does not agree with the appealed decisions and (or) actions (inaction). The applicant may submit documents (if any) confirming the applicant's arguments, or copies thereof.
6.7. Applicant's requirements.
6.8. List of documents attached to the complaint (if any).
6.9. The date the complaint was made.
7. The complaint must be signed by the applicant (his representative). In the case of filing a complaint in person, the applicant (representative of the applicant) must submit an identity document.
The authority of the representative to sign the complaint must be confirmed by a power of attorney drawn up in accordance with the legislation of the Russian Federation.
The powers of a person acting on behalf of the organization without a power of attorney on the basis of the law, other regulatory legal acts and constituent documents are confirmed by documents certifying his official position, as well as the constituent documents of the organization.
8. The received complaint is subject to registration no later than the working day following the day of receipt.
9. The maximum period for consideration of a complaint is 15 working days from the date of its registration. The term for consideration of the complaint is 5 working days from the date of its registration in cases of appeal by the applicant:
9.1. Refusal to accept documents.
9.2. Refusal to correct typos and errors made in documents issued as a result of the provision of public services.
9.3. Violations of the deadline for correcting typos and errors.
10. Based on the results of consideration of the complaint, a decision is made to satisfy the complaint (in whole or in part) or to refuse to satisfy the complaint.
11. The decision must contain:
11.1. Name of the body that considered the complaint, position, surname, name, patronymic (if any) of the official who made the decision on the complaint.
11.2. Details of the decision (number, date, place of adoption).
11.3. Surname, name, patronymic (if any) and information about the place of residence of the applicant - an individual entrepreneur or the name of the applicant - a legal entity and information about its location.
11.4. Last name, first name, patronymic (if any), information about the place of residence of the applicant's representative who filed the complaint on behalf of the applicant.
11.5. Method of filing and date of registration of the complaint, its registration number.
11.6. The subject of the complaint (information about the appealed decisions, actions, inaction).
11.7. The circumstances established during the consideration of the complaint and the evidence confirming them.
11.8. Legal grounds for making a decision on the complaint with reference to the applicable regulatory legal acts of the Russian Federation and the city of Moscow.
11.9. The decision taken on the complaint (conclusion on the satisfaction of the complaint or on the refusal to satisfy it).
11.10. Measures to eliminate the identified violations and the timing of their implementation (if the complaint is satisfied).
11.11. Procedure for appealing a decision.
11.12. Authorized official's signature.
12. The decision is made in writing using official forms.
13. Among the measures indicated in the decision to eliminate the identified violations, among other things, include:
13.1. Cancellation of previously made decisions (in whole or in part).
13.2. Ensuring the acceptance and registration of the request, execution and issuance of a receipt to the applicant (in case of evasion or unreasonable refusal to accept documents and register them).
13.3. Ensuring registration and issuance to the applicant of the result of the provision of public services (in case of evasion or unreasonable refusal to provide public services).
13.4. Correction of typos and errors made in documents issued as a result of the provision of public services.
13.5. Refund to the applicant of funds, the collection of which is not provided for by regulatory legal acts of the Russian Federation and the city of Moscow.
14. The body authorized to consider the complaint shall refuse to satisfy it in the following cases:
14.1. Recognition of the contested decisions and (or) actions (inaction) as legal, not violating the rights and freedoms of the applicant.
14.2. Filing a complaint by a person whose authority has not been confirmed in the manner prescribed by the regulatory legal acts of the Russian Federation and the city of Moscow.
14.3. Lack of the applicant's right to receive public services.
14.4. Availability:
14.4.1. A court decision that has entered into legal force on the applicant's complaint with identical subject matter and grounds.
14.4.2. A decision on a complaint made earlier in a pre-trial (out-of-court) procedure in relation to the same applicant and on the same subject of the complaint (with the exception of cases of appealing against earlier decisions to a higher authority).
15. The complaint shall be left unanswered on the merits in the following cases:
15.1. The presence in the complaint of obscene or offensive language, threats to life, health and property of officials, as well as members of their families.
15.2. If the text of the complaint (its part), surname, postal address and e-mail address are unreadable.
15.3. If the complaint does not indicate the name of the applicant (representative of the applicant) or the postal address and e-mail address to which the response should be sent.
15.4. If the body authorized to consider the complaint received a petition from the applicant (representative of the applicant) to withdraw the complaint before a decision was made on the complaint.
16. The decision to satisfy the complaint or to refuse to satisfy the complaint shall be sent to the applicant (representative of the applicant) no later than the working day following the day of its adoption, at the postal address indicated in the complaint. At the request of the applicant, the decision is also sent to the e-mail address indicated in the complaint (in the form of an electronic document signed by the electronic signature of an authorized official). In the same manner, the applicant (representative of the applicant) is sent a decision on the complaint, in which only an e-mail address is indicated for a response, and the mailing address is missing or illegible.
17. If the complaint is left unanswered on the merits, the applicant (his representative) shall be sent, no later than the working day following the day of registration of the complaint, a written reasoned notice indicating the grounds (except for cases where the complaint does not indicate the mailing address and email address reply emails or they are unreadable). The notification shall be sent in the manner prescribed for sending a decision on the complaint.
18. A complaint filed in violation of the rules on competence established by clause 5.4 of these Regulations shall be sent no later than the working day following the day of its registration to the body authorized to consider the complaint, with simultaneous written notification of the applicant (his representative) about the redirection complaints (unless the complaint does not include a postal address and an email address for a response or they are illegible). The notification shall be sent in the manner prescribed for sending a decision on the complaint.
19. Filing a complaint in a pre-trial (out-of-court) procedure does not exclude the right of the applicant (representative of the applicant) to simultaneously or subsequently file a complaint with the court.
20. Informing applicants about the judicial and pre-trial (out-of-court) procedure for appealing against decisions and (or) actions (inaction) committed in the provision of public services should be carried out by:
20.1. Placement of relevant information on the Portal and stands at the places of provision of public services.
20.2. Consulting applicants, including by phone, e-mail, in person.
21. If, during or as a result of the consideration of a complaint, signs of an administrative offense or crime are established, the official authorized to consider the complaint shall immediately send the available materials to the prosecution authorities.
If violations of the procedure for the provision of public services in the city of Moscow are revealed, the responsibility for which is established by the Code of the City of Moscow on Administrative Offenses, the official authorized to consider the complaint must also send copies of the available materials to the Main Control Department of the city of Moscow within two working days following after the day of making a decision on the complaint (but no later than the working day following the day of expiration of the period established by federal law for considering complaints about violations of the procedure for the provision of public services). Refusal to accept documents necessary for the provision of public services
Refusal to provide a public service
1. Non-compliance of the submitted application and other documents required for the provision of public services with the requirements established by the legal acts of the Russian Federation, the legal acts of the city of Moscow, the Uniform Requirements, the Regulations.
2. Submission of documents that have expired at the time of application.
3. Submission by the applicant of an incomplete set of documents required for the provision of public services.
4. Submission of documents containing false and (or) contradictory information.
5. Submission of an application on behalf of the applicant by an unauthorized person.
6. The applicant's application for a permit if a permit has already been issued for a vehicle that is supposed to be used to provide a passenger and luggage transportation service by passenger taxi and more than 45 working days remain before its expiration at the time of application.
7. Incorrect completion of required fields in the application form when submitting an application in electronic form using the Portal.
8. Non-compliance of the color scheme of the body of the vehicle, which is supposed to be used to provide services for the transportation of passengers and luggage by passenger taxis, to the color scheme of the vehicle body, established by Article 2.1 of the Law of the City of Moscow dated June 11, 2008 N 22 "On a passenger taxi in the city of Moscow ".
9. Application for the provision of a public service by a person who is not a recipient of a public service in accordance with the Regulations.
10. Application and other documents in electronic form, signed using an electronic signature that does not belong to the applicant.
11. Applicant applying for a government service not provided by the Department.
12. The submitted electronic copies of the documents required for the provision of public services are unreadable and (or) do not meet the requirements for the formats of their presentation.
13. Contradiction of documents (information) obtained using interdepartmental information exchange, including the use of information from the Base Register, with the documents submitted by the applicant.
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