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Decree of the Government of the Republic of Mari El


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Decree

of the Government of the Republic of Mari El
July 10, 2015, No. 380


Concerning Approval Of The Regulations On Procedures For Conformity Assessment Of Socio-Cultural or Utility Property Objects, Large-Scale Investment Projects With Criteria Specified In The Law Of The Republic Of Mari El “On The Regulation Of Land Relations In The Republic Of Mari El”

the Republic of Mari El

For the purpose of implementation of the Law of the Republic of Mari El dated February 27, 2015 No. 3-Z “On The Regulation Of Land Relations In The Republic Of Mari El” the Government of the Republic of Mari El decrees:

1. To approve the enclosed Regulations On Procedures For Conformity Assessment Of Socio-Cultural or Utility Property Objects, Large-Scale Investment Projects With Criteria Specified In The Law Of The Republic Of Mari El “On The Regulation Of Land Relations In The Republic Of Mari El”


  1. To recommend to the administrations of municipal institutions of the Republic of Mari El to take part in realization of core points of the Order.

  2. To declare the point 1 of the Decree of the Government of the Republic of Mari El dated March 6, 2015 No. 101 “On Realization Of Some Provisions of the Law of The Republic Of Mari El “On The Regulation Of Land Relations In The Republic Of Mari El” to be no longer in force (portal “Mari El official” (portal.mari.ru/pravo), March 6, 2015, No. 06032015040071).

Chairman of the Government

of the Republic of Mari El Leonid Markelov


The Regulations
On Procedures For Conformity Assessment Of Socio-Cultural or Utility Property Objects, Large-Scale Investment Projects With Criteria
Specified In The Law Of The Republic Of Mari El
“On The Regulation Of Land Relations In The Republic Of Mari El”


(approved by the Decree of the Republic of Mari El
dated July 10, 2015, No.380)



  1. General Terms




  1. The Regulations are developed in accordance with the paragraph 2 of the clause 6 of the Law of the Republic of Mari El dated February 27, 2015 No. 3-Z “On The Regulation Of Land Relations In The Republic Of Mari El” (hereinafter – the Law) and establish procedures for conformity assessment of socio-cultural or utility property objects, large-scale investment projects with criteria specified in the Law of the Republic of Mari El
    “On The Regulation Of Land Relations In The Republic Of Mari El”.

  2. Conformity assessment of socio-cultural or utility property objects, large-scale investment projects with criteria specified in the Law is hold in order to implement the provisions of the subparagraph 3 of the paragraph 2 of the clause 39.6 of the Land Code of the Russian Federation to develop a project of the order of the Head of the Republic of Mari El on the rent of the land plot (which is owned by the state or municipal entity) without bidding.

  3. The result of the assessment mentioned in the paragraph 2 of the Regulations is:

for socio-cultural or utility property objects (hereinafter – objects) – conclusion of the executive authority of the Republic of Mari El for the results of the conformity assessment of the objects in accordance with the section 2 of the Regulations.

for large-scale investment projects(hereinafter – investment projects) – decision of the Interdepartmental commission on investments and restructuring of the economy of the Government of the Republic of Mari El created by the Decree of the Government of the Republic of Mari El dated March 26, 2001 No. 87 “On the Interdepartmental commission on investments and restructuring of the economy of the Government of the Republic of Mari El” (hereinafter - the Interdepartmental commission) by the results of the expert assessment of the investment project in accordance with the section 2 of the Regulations.



  1. The positive conclusion of the executive authority of the Republic of Mari El or the positive decision of the Interdepartmental commission as a result of assessment mentioned in the paragraph 3 of the Regulation is a base for development of a project of the order of the Head of the Republic of Mari El on the rent of the land plot (which is owned by the state or municipal entity) without bidding by the Ministry of State Property of the Republic of Mari El in order established in the section 5 of the Regulations.


II. Procedures For Conformity Assessment Of Socio Objects With Criteria Specified In The Subparagraph 1 Of The Paragraph 2 Of The Clause 6 Of The Law

  1. Conformity assessment of objects with criteria established in the subparagraph 1 of the paragraph 2 of the clause 6 of the Law is held by the executive authority of the Republic of Mari El which is coordinating and regulating activity in matching industries (management sphere) (hereinafter – profile body).

  2. To hold conformity assessment of the object with criteria established in the subparagraph 1 of the paragraph 2 of the clause 6 of the Law a legal entity that is an initiator of the object creation (construction) (hereinafter – the initiator of the object construction) is applying to the profile body for holding conformity assessment of the object by writing (hereinafter – application 1).

  3. It is necessary to mention in the application 1:

name, address and basic state registration number of the initiator of the object construction;

name and(or) short description (brief) of the object in respect of which the application 1 was made;

cadastral number or description for location of the land plot(s) where the object is planned to be created (constructed);

information about the planed cost of creation (construction) of the object with description costs for object creation (construction);

information about object conformity with priorities and targets defined by forecasts and programs of social-economic development of the Republic of Mari El, state programs of the Republic of Mari El with props of appropriate decisions of the Head of the Republic of Mari El or the Government of the Republic of Mari El which has approved the appropriate forecast or program.

The copies of the documents mentioned in the paragraph 29 of the Regulations and confirming the information about land plot(s) where the object is planned to be created (constructed) should be enclosed to the application 1.

8. Within 1 working day from the date of receipt of the application 1 and the documents mentioned in the paragraph 7 of the Regulations the profile body registers the application 1, within 10 working days from the date of registration of the application 1 holds conformity assessment of the objects with criteria established in the subparagraph 1 of the paragraph 2 of the clause 6 of the Law, and as for the result of procedure for conformity assessment it develops a conclusion signed by a head (a deputy head) of the profile body, or in the presence of base mentioned in the paragraph 9 of the Regulations it returns the application 1 and the enclosed documents to the initiator of the object construction.

9. The profile body gives back to the initiator of the object construction the application 1 and the enclosed documents in case if it doesn’t have any information mentioned in the paragraph 7 of the Regulations.

10. The conclusion for the results of the conformity assessment of the objects should contain the following information:

name, address and basic state registration number of the initiator of the object construction;

name and (or) short description (brief) of the object (in accordance with the conclusion);

cadastral number or description for location of the land plot(s) where the object is planned to be created (constructed);

conformity or nonconformity assessment of the object with criteria established by the subparagraph 1 of the paragraph 2 of the clause 6 of the Law.

11. The conclusion mentioned in the paragraph 10 of the Regulations should be sent to the initiator of the object construction by the profile body in the period not exceeding one working day from the date of signing.

12. In case if the conclusion mentioned in the paragraph 10 of the Regulations is positive within 1 working day from the date of signing the profile body sends the copy of the conclusion and also the documents enclosed to the application 1 and confirming information about land plot(s) where the object is planned to be created (constructed) to the Ministry of State Property of the Republic of Mari El.
III. Procedure For Conformity Assessment Of Large-Scale Investment Projects With Criteria Established By The Subparagraph 2

Of The Paragraph 2 Of The Clause 6 of the Law
13. Conformity assessment of investment projects with criteria established in the subparagraph 2 of the paragraph 2 of the clause 6 of the Law is held by the Interdepartmental commission.

14. To hold conformity assessment of the investment project with criteria established in the subparagraph 2 of the paragraph 2 of the clause 6 of the Law a legal entity that is an initiator of the investment project (hereinafter – the initiator of the project) is applying to the Ministry of Economic Development and Trade of the Republic of Mari El (hereinafter – the Ministry) with application addressed to the Chairman of the Interdepartmental commission on holding conformity assessment of the investment project by writing (hereinafter – application 2).

15. It is necessary to mention in the application 2:

name, address and basic state registration number of the initiator of the project;

name and (or) short description (brief) of the investment project in respect of which the application 2 was made;

cadastral number or description for location of the land plot(s) where the investment project is planned to be realized;

criterion (criteria) mentioned in the subparagraph 2 of the paragraph 2 of the clause 6 of the Law which the investment project meets and justification of such compliance.

The investment project (in free form) with justifying documents, the positive conclusion of the public inspection of project documentation and the results of the engineering research project and also copies of the documents mentioned in the paragraph 29 of the Regulations and confirming the information about land plot(s) where the investment project is planned to be realized should be enclosed to the application 2.

16. Within one working day from the date of receipt the Ministry registers the application 2, within three working days from the date of registration it sends the application and the enclosed documents to the chairman of the Interdepartmental commission (the deputy chairman of the Interdepartmental commission).

17. No later than five working days of the date of registration the chairman of the Interdepartmental commission (the deputy chairman of the Interdepartmental commission) sends copies of the application 2 and the enclosed documents to the profile body to prepare and to sign the documents, conclusion on conformity of the investment project with criteria established in the subparagraph 2 of the paragraph 2 of the clause 6 of the Law within ten working days of the date of receipt.

18. The profile body prepares the conclusion for the results of the conformity assessment of the investment project which should contain the following information:

name, address and basic state registration number of the initiator of the investment project;

name and (or) short description (brief) of the investment project in respect of which the conclusion was made;

cadastral number or description for location of the land plot(s) where the investment project is planned to be realized;

conformity or nonconformity assessment of the investment project with criteria established by the subparagraph 2 of the paragraph 2 of the clause 6 of the Law.

19. The conclusion of the profile body mentioned in the paragraph 18 of the Regulations should be signed by the head (the deputy head) of the profile body and be sent to the Ministry on the day of signing to prepare agenda of the regular meeting of the Interdepartmental commission within five working days from the date of receipt.

20. Preparing the agenda of the regular meeting of the Interdepartmental commission the Ministry sends the conclusion of the profile body mentioned in the paragraph 18 of the Regulations not later than three working days to the date of the Interdepartmental commission meeting to the chairman of the Interdepartmental commission (the deputy chairman of the Interdepartmental commission).

21. The total period for inspection of the application 2 with enclosed documents can’t exceed thirty working days from the date of its registration in the Ministry.

22. The Interdepartmental commission inspects and assesses the investment project in accordance with criteria established in the subparagraph 2 of the paragraph 2 of the clause 6 of the Law.

23. Decision on conformity or nonconformity of the investment project with criteria established by the subparagraph 2 of the paragraph 2 of the clause 6 of the Law is taken by the Interdepartmental commission after inspection and assessment.

The application 2 and the enclosed documents are returning to the Ministry after the inspection of the Interdepartmental commission.

24. If the investment project doesn’t conform with criteria established by the subparagraph 2 of the paragraph 2 of the clause 6 of the Law the Interdepartmental commission takes decision on nonconformity of the investment project with criteria established by the subparagraph 2 of the paragraph 2 of the clause 6 of the Law and forms a report of the meeting of the Interdepartmental commission and sends it on the day of signing to the address of the Ministry and the initiator of the project.

Within five working days of the date of taking decision on nonconformity of the investment project with criteria established by the subparagraph 2 of the paragraph 2 of the clause 6 of the Law the Ministry returns the investment project with justifying documents, positive conclusion of the public inspection of the project documentation and the results of the engineering research project in writing on nonconformity of the mentioned investment project with criteria established by the subparagraph 2 of the paragraph 2 of the clause 6 of the Law.

25. If the investment project conforms with criteria established by the subparagraph 2 of the paragraph 2 of the clause 6 of the Law the Interdepartmental commission takes decision on conformity of the investment project with criteria established by the subparagraph 2 of the paragraph 2 of the clause 6 of the Law and forms a report of the meeting of the Interdepartmental commission and sends it on the day of signing to the address of the Ministry, the Ministry of State Property of the Republic of Mari El and the initiator of the project.

Also the documents confirming information about a land plot (land plots) where the investment project is planned to be realized which are enclosed to the application 2 by the initiator of the project should be sent to the Ministry of State Property of the Republic of Mari El.
IV. Requirements To The Documents
26. The documents mentioned in the paragraphs 6, 7, 14 and 15 of the Regulations could be presented by a legal entity in an electronic form signed by the simple electronic signature in accordance with the decree of the Government of the Russian Federation dated July 7, 2011No. 553 “On the Order of Execution and Presentation of Applications and Other Documents Necessary for State and (or) Municipal Service Supply in an Electronic Document ”.

27. A legal entity is responsible for reliability of mentioned information in an application and enclosed documents in accordance with the legislation of the Russian Federation.

28. Requirements to the content and formalization of the documents to assess:

use of facsimile signatures isn’t allowed in formalization of documents for assessment;

documents presented for assessment should be sewed, signed by authorized officer and sealed by a legal entity (if a seal exists).

29. As the documents confirming information about land plots where objects are planned to be placed, investment project are planned to be realized the following documents can be presented:

extract from the Unifies State Register of rights to immovable property and deals with it in respect of land plot;

cadastral pass of land plot;

land survey project confirmed in accordance with the Town Planning Code of the Russian Federation;

arrangement of land plot(s) in the cadastral plan of territory.


V. Procedure For Developing A Project Of The Order Of The Head Of The Republic Of Mari El On The Rent Of The Land Plot Owned By The State Or Municipal Entity Without Bidding By The Ministry Of State Property Of The Republic Of Mari El

30. Within five working days from the date of document receipt mentioned in the paragraph 12 or 25 of the Regulations the Ministry of State property of the Republic of Mari El develops a project of the order of the Head of the Republic of Mari El on the rent of the land plot (which is owned by the state or municipal entity) without bidding to supply such land plot to an initiator of a project to place socio-cultural or utility property objects, large-scale investment projects if such objects and projects conform with criteria specified in the Law (hereinafter – a project of the order of the Head of the Republic of Mari El).

31. There the following information should be mentioned in the order of the Head of the Republic of Mari El:

name, address and basic state registration number of a legal entity which is provided by land plot(s);

name and (or) short description (brief) of the object, investment project in respect of which land plot(s) is (are) provided;

a statement of object’s and investment project’s compliance with criteria established by the Law;

cadastral number or description for location of the land plot(s) which is (are) planned to be provided.

32. Preparation and coordination of a project of the order of the Head of the Republic of Mari El is carried out in accordance with the decree of the Government of the Republic of Mari El dated September 10, 2015 No. 339 “On confirmation of the Typical instruction on records management in executive authority of the Republic of Mari El”.



33. The order of the Head of the Republic of Mari El on the rent of the land plot (which is owned by the state or municipal entity) without bidding to supply such land plot to a legal entity to place socio-cultural or utility property objects, large-scale investment projects if such objects and investment projects conform with criteria specified in the Law is a basis to provide a land plot for rent without bidding in order established by the Land Code of the Russian Federation.

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