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RULES OF ESTABLISHMENT, OPENING, FUNCTIONING (MAINTENANCE) RECONSTRUCTION AND SHUTTING-DOWN OF THE BORDER-CROSSING CHECKPOINTS OF PASSING ACROSS THE STATE BORDER OF THE RUSSIAN FEDERATION

Approved by Decision of the Government of the Russian Federation, 26 June 2008 No 482

I. GENERAL PROVISIONS

1. The present Rules regulate the procedure of establishment, opening, functioning (maintenance), reconstruction and shutting-down of the check-points across the State Border of the Russian Federation.
2. The check-points of passing across the State Border of the Russian Federation (further, as the "check-points”) are intended for passing across the State Border of the Russian Federation of persons and transport means and for carrying across the State Border of cargos, goods and animals.
3. The check-points are established in accordance with legislation of the Russian Federation at railroad, motor vehicle terminals, stations, sea, river (lake) ports, airports (airfield), military airfields open for international transport (international flights) as well as at the other places specially arranged in the close vicinity of the State Border of the Russian Federation.
4. For the purpose of passing across the State Border of the Russian Federation of persons and transport means and of carrying across the State Border of cargos, goods and animals at the check-points the appropriate executive bodies form, in the established order, the subdivisions of the bodies (further, as the subdivisions of the state control bodies) of the border control, customs control and the other kinds of control authorized by international agreements of the Russian Federation and by Federal laws.

II. Classification and specialization of the Check-points

5. The check-points are classified into:
- sea, river (lake), airport and airfield, vehicle, railroad, pedestrian and combined check-points – depending on the kind of international transport;
- passenger, cargo and cargo-passenger check-points – depending on the character of international transport;
- permanent, temporary, seasonal checkpoints and the check-points operating on an irregular basis – depending on the operating regime;
- multi-sided checkpoints - for crossing of the State Border of the Russian Federation by the persons irrespective of their citizenship (allegiance), including the persons without citizenship or by the transport means irrespective of their state affiliation, as well as for carrying across the State Border of cargos, goods and animals irrespective of their state affiliation;
- two-sided check-points - for crossing (including crossing according to the simplified procedure) of the State Border of the Russian Federation by the citizens and the transport means of the Russian Federation and of the neighbouring state, as well as for carrying across the State Border of cargos, goods and animals of only the Russian Federation and of the neighbouring state.
6. In accordance with international agreements of the Russian Federation and with Federal laws the check-points may be specialized in the kinds of the cargos, goods and animals carried across the State Border (further, as the specialized check-points).

The specialized check-points are included into the lists published by the Ministry of Health Care and Social Development of the Russian Federation and by the Ministry of Agriculture of the Russian Federation pursuant to the rules established by the Government of the Russian Federation, and are subdivided into:
- the specially equipped check-points intended for importation into the Russian Federation of the goods, chemical, biological and radioactive substances, waste materials and the other cargos constituting a danger for humans and also for importation of food products, materials and items;
- the specially equipped check-points intended for importation into the Russian Federation of animals, live-stock production, feeding-stuffs and quarantineable production (quarantineable materials and cargos).

III. Procedure of Establishment of the Check-points

7. The check-points are established by international agreements of the Russian Federation and by the acts of the Government of the Russian Federation.
8. The offers on establishment of the check-points may be introduced by the federal executive bodies or by higher executive bodies of state authority of the subjects of the Russian Federation (further, as “Initiators”).
The offer on establishment of the check-point is directed by the Initiator to the Federal Agency for the Development of the State Border Facilities of the Russian Federation with the following documents attached:
- feasibility study of the expediency of establishment of the check-point;
- information on the planned  through-flow rate and on the term of opening of the check-point;
- the detailed well-grounded calculation of the expenditures covered at the expense of the Federal budget for designing, construction, equipping, installation and maintenance of the buildings, premises and facilities necessary for organization of the border control, customs control and the other kinds of control at the check-point;
- the scheme of the area (water area) with designation of edges of the zones of the planned location, which is planned to be occupied with buildings, premises and facilities necessary for organization of the border control, customs control and the other kinds of control at the check-point.
In the course of establishment of the check-points within the territory of military airfields only the Ministry of Defence of the Russian Federation can be the Initiator.
9. The Federal Agency for the Development of the State Border Facilities of the Russian Federation considers the documents submitted by the Initiator and, within two-month time period, prepares its conclusion on expediency or inexpediency of establishment of the check-points, coordinated with the Ministry of Foreign Affairs of the Russian Federation, with the Ministry of Transport of the Russian Federation and with the Ministry of Economic Development of the Russian Federation (if these Ministries are not the Initiators).
The conclusion on inexpediency of establishment of the check-point is directed to the Initiator.
10. In case of confirmation of expediency of establishment of the check-point the draft act of the Government of the Russian Federation on establishment of the check-point is submitted, in the established order, by the leader of the Federal Agency for the Development of the State Border Facilities of the Russian Federation to the Government of the Russian Federation.
The draft act of the Government of the Russian Federation on establishment of the check-point within the territory of military airfields is introduced, in the established order, by the Ministry of Defence of the Russian Federation.
The draft act of the Government of the Russian Federation on establishment of the check-point with the attached documents specified by Item 8 of the present Rules before its introduction, in the established order, to the Government of the Russian Federation is directed for ratification to the Ministry of Internal Affairs of the Russian Federation, to the Ministry of Foreign Affairs of the Russian Federation, to the Ministry of Defence of the Russian Federation, to the Ministry of Health Care and Social Development of the Russian Federation, to the Ministry of Agriculture of the Russian Federation, to the Ministry of Transport of the Russian Federation, to the Ministry of Finance of the Russian Federation, to the Ministry of Economic Development of the Russian Federation, to the Federal Security Service of the Russian Federation, to     the Federal Customs Service and also to the higher executive body of state authority of the subject of the Russian Federation where such check-point is supposed to be established.
11. The draft act of the Government of the Russian Federation on establishment of the check-point specifies classification and specialization of the check-point, as well as the term of its functioning – for the temporary check-point and its operating period – for the seasonal check-point.
12. Preparation of the drafts of international agreements of the Russian Federation on establishment of the check-points is performed in accordance with legislation of the Russian Federation concerning international agreements.
IV. Procedure of Opening of the Check-points
13. The check-point is opened after the complex end of construction (reconstruction), equipping and bringing into operation by the Federal Agency for the Development of the State Border Facilities of the Russian Federation of buildings, premises and facilities necessary for organization of the border control, customs control and the other kinds of control in the order established by the present Rules.
If the act of the Government of the Russian Federation on establishment of the check-point or the normative legal act of the Federal Agency for the Development of the State Border Facilities of the Russian Federation on reconstruction of the check-point envisages phase-by-phase establishment of the check-point, the procedure of opening of the check-point is implemented after completion of each phase of construction (reconstruction), equipping and installation of the check-point.
14. Project documentation for construction of the check-point, equipping and installation of buildings, premises and facilities necessary for organization of the border control, customs control and the other kinds of control is coordinated with the federal executive bodies authorized for exercising control functions at the check-points.
In case of construction of the check-point within the territory of military airfields the afore-mentioned project documentation is also coordinated with the Ministry of Defence of the Russian Federation.
15. After completion of construction, equipping and installation of buildings, premises and facilities necessary for organization of the border control, customs control and the other kinds of control at the check-point and after receipt of the permits for bringing of the afore-mentioned facilities into operation, in the order envisaged by legislation of the Russian Federation, the Federal Agency for the Development of the State Border Facilities of the Russian Federation forms the Inter-institution Commission on checking of compliance of the check-point with requirements for construction, equipping and installation of buildings, premises and facilities necessary for organization of the border control, customs control and the other kinds of control at the check-point of passing across the State Border of the Russian Federation (further, as the "Commission”).
The Commission includes the representatives of the Federal Agency for the Development of the State Border Facilities of the Russian Federation, of the Ministry of Transport of the Russian Federation, of the federal executive bodies authorized for exercising control functions at the check-points, and also the representatives of the Ministry of Defence if the check-point is located within the territory of the military airfield.
16. The results of the Commission’s work are documented in the act signed by the members of the Commission confirming compliance of the check-points with the requirements under the Item 15 of the present Rules.
In case, if the members of the Commission find some non-compliances of the check-point with the afore-mentioned requirements, the Commission draws up the Protocol of Non-compliance attached to the Act of the Commission and being of its integral part. The Protocol contains all found non-compliances and defines the term of elimination of the non-compliances. The protocol is signed by the member of the Commission, the representative of the Federal Agency for the Development of the State Border Facilities of the Russian Federation, and by the members of the Commission having found these non-compliances. The afore-mentioned members of the Commission (or, upon notification of the Federal Agency for the Development of the State Border Facilities of the Russian Federation, by the other authorized representatives of the appropriate federal executive bodies) sign the Act of the Commission after performance of the inspection on the fact of elimination of the non-compliances noted in the Protocol.
17. On the basis of the Act of the Commission signed by all members of the Commission the Federal Agency for the Development of the State Border Facilities of the Russian Federation adopts, within two-month time period, the normative legal act on opening of the check-point (with the indication of its classification and specialization) coordinated with the Ministry of Transport of the Russian Federation, with the federal executive bodies authorized for exercising control functions at the check-points and also with the Ministry of Defence if the check-point is located within the territory of the military airfield.
18. The normative legal act on opening of the check-point is subject to official publication.
The Ministry of Foreign Affairs of the Russian Federation, upon the necessity, submits information on opening of the check-point to the diplomatic missions or to the consular representations of foreign states in the Russian Federation, as well as to the diplomatic missions or to the consular representations of the Russian Federation abroad.
19. If the check-point is established by an international agreement of the Russian Federation, the Ministry of Foreign Affairs of the Russian Federation, through diplomatic channels, informs the adjoining party about opening of the check-point.
V. The Procedure of Functioning (Maintenance) of the Check-points
20. For the purpose of supporting functioning (maintenance) of the check-point the Federal Agency for the Development of the State Border Facilities of the Russian Federation forms the administration of the check-point.
21. Functioning (maintenance) of the check-point is supported by the Federal Agency for the Development of the State Border Facilities of the Russian Federation in the order established by legislation of the Russian Federation.
22. For providing uninterrupted functioning (maintenance) of the check-point the leader of the check-point administration, upon coordination with the leaders of subdivisions of the state control bodies, and, relatively, with the leader of administration of a sea port, with the captain of a river (a lake) port, with the leader of an airport (an airfield), with the senior aviation chief of an airport, with the chief of a railroad station , a vehicle station or terminal, confirms the work schedule of the check-point including the beginning and ending of its work.
23. At the seasonal check-points and at the check-points operating on an irregular basis, the work of employees of the correspondent subdivisions of the state control bodies is organized in the order of their detachment to these check-points for the period of crossing the State Border of the Russian Federation of the persons, transport means, cargos, goods and animals.
VI. Coordination of Activities at the Check-points
24. Coordination of activities of the subdivisions of the state control bodies, administrations of the sea port, the river (the lake) port, the airport (the airfield), the railroad station, the vehicle station or terminal is effected in the following principal directions:
- the joint appreciation of the situation at the check-point, forecasting the trends of change of the passenger and cargo flows and of possible violations of the rules of passing across the State Border of the Russian Federation by the persons or transport means or of carrying through the State Border of cargos, goods and animals.
- development and realization of the offers on improvement of the check-point functioning;
- development and establishment of the work schedule and process operational diagrams of organization of passing across the State Border of the Russian Federation by the persons or transport means and also of carrying through the State Border of cargos, goods and animals.

25. Coordination of activities of the sub-divisions of the state control bodies and of the check-point administration is assigned:
- on the issues of supporting the regimen of the State Border – to the leader of the subdivision of the border control of a bounder administrative body;
- on the issues of maintenance of buildings, premises and facilities of the check-point with its appropriate technological equipment and technique – to the leader of the check-point administration;
26. For the purpose of providing coordination of the activities at the check-point the Coordination Council is formed, which includes the leaders of subdivisions of the state control bodies and the check-point administration, and also the leader of administration of the sea port, the captain of the river (the lake) port, the leader of the airport (the airfield), the senior aviation chief of the airport, the chief of the railroad station, the vehicle station or the terminal, as well as the representatives of the higher executive body of state authority of the subject of the Russian Federation where such check-point is located.
In the course of considering the issues and making the decisions on these issues the members of the Coordination Council exercise equal rights.

Upon the necessity, the other persons may be invited to the sessions of the Coordination Council.  The decision on participation of the afore-mentioned persons is made by the members of the Coordination Council.
27. The sessions of the Coordination Council are held as the need arises, but not less than once a quarter, or upon the initiative of one of the members of the Coordination Council.
28. The decisions of the Coordination Council are regarded to have been passed if they are approved by all the members of the Coordination Council.
The decisions of the Coordination Council are documented in the form of a protocol and implemented by the persons noted in Item 26 of the present Rules.

VII.The Procedure of Reconstruction of the Check-points

29. Reconstruction of the check-point is understood as the reconstruction of existing and construction of new buildings, premises and facilities necessary for organization of the border control, customs control and the other kinds of control at the check-point, as well as performance of the works aimed at the change of through-flow rate and/or territory limits of the check-point.
30. The offers on performance of reconstruction of the check-point may be introduced by the federal executive body or by the higher executive body of state authority of the subject of the Russian Federation where such check-point is located.

The offer on reconstruction of the check-point is directed to the Federal Agency for the Development of the State Border Facilities of the Russian Federation with the following documents attached:
- feasibility study of the expediency of reconstruction of the check-point;
- information on the planned  through-flow rate and on the term of opening of the check-point after completion of its reconstruction;
- information on the procedure of the check-point functioning for the period of its reconstruction with the attached project of the process operational diagram of organization of passing across the State Border of the Russian Federation by the persons or transport means and also of carrying through the State Border of cargos, goods and animals;
- the detailed well-grounded calculation of the expenditures covered at the expense of the Federal budget for reconstruction of the buildings, premises and facilities necessary for organization of the border control, customs control and the other kinds of control at the check-point;
31. In case of recognition, in the established order, of expediency of the check-point reconstruction the Federal Agency for the Development of the State Border Facilities of the Russian Federation adopts the normative legal act on the check-point reconstruction coordinated with the Ministry of Transport of the Russian Federation, with the federal executive bodies authorized for executing the control functions at the check-points, with the higher executive body of state authority of the subject of the Russian Federation where such check-point is located, and also with the Ministry of Defence if the check-point is located within the territory of the military airfield.
32. Opening of the check-point after its reconstruction is exercised in the order envisaged by Items 13-19 of the present Rules.

VIII. Procedure of Shutting-down of the Check-points

33. The check-point may be shut down on the basis of the international agreement of the Russian Federation or of the act of the Government of the Russian Federation.
34. The recommendation about inexpediency or impossibility of the check-point functioning is directed by one the federal executive bodies authorized for executing the control functions at the check-points to the Federal Agency for the Development of the State Border Facilities of the Russian Federation.
35. On the basis of the recommendation about inexpediency or impossibility of the check-point functioning the Federal Agency for the Development of the State Border Facilities of the Russian Federation, in the established order, prepares the draft act of the Government of the Russian Federation on the shutting-down of the check-point.
The draft act of the Government of the Russian Federation on the shutting-down of the check-point coordinated with the federal executive bodies listed in Item 10 of the present Rules is introduced, in the established order, by the leader of the Federal Agency for the Development of the State Border Facilities of the Russian Federation to the Government of the Russian Federation.
The draft act of the Government of the Russian Federation on shutting down of the check-point within the territory of military airfields is introduced, in the established order, by the Ministry of Defence of the Russian Federation to the Government of the Russian Federation.
36. Temporary closing of the check-point can be exercised upon the decision of the Government of the Russian Federation in the following cases:
- in the cases envisaged by the international agreement of the Russian Federation;
- in case of extraordinary situations disabling transport communications or functioning of subdivisions of the state control bodies;
- for the reasons of sanitary and quarantine character.
37. The draft act of the Government of the Russian Federation on temporary closing of the check-point, approved by the federal executive bodies noted in Item 10 of the present Rules, is introduced, in the established order, to the Government of the Russian Federation by the leader of one of the federal executive bodies authorized for exercising the control functions at the check-points.
The draft act of the Government of the Russian Federation on temporary closing of the check-point specifies the periods of temporary closing of the check-point.
38. Information on making or revocation of the decision on temporary closing of the check-point is submitted through the diplomatic channels, in the order envisaged by the international agreements of the Russian Federation, to the states adjoining to the Russian Federation and, upon the necessity, to the other interested states.
39. For the period of temporary closing of the check-point the subdivisions of the state control bodies should not be subject to disbandment and they should be used according to the decisions of the leaders of appropriate federal executive bodies.