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The order of Federal Agency of intellectual property, patents and trade marks from November, 16th, 2009 N 159 Moscow About the Position statement about check of reliability and completeness of the data represented by citizens, applying for replacement of posts of federal state civil service in Federal Agency of intellectual property, patents and trade marks, and federal state civil servants, and observance by federal state civil servants of requirements to office behaviour

It is registered in Ministry of Justice of the Russian Federation on December, 21st, 2009

Registration N 15769

According to the Decree of the President of the Russian Federation from 21. 09. 2009 N 1065 About check of reliability and completeness of the data represented by citizens, applying for replacement of posts of federal public service, and federal civil servants, and observance by federal civil servants of requirements to office behaviour (Meeting of the legislation of the Russian Federation, 2009, N 39, item 4588) I order:

to Confirm applied Position about check of reliability and completeness of the data represented by citizens, applying for replacement of posts of federal state civil service in Federal Agency of intellectual property, patents and trade marks, and federal state civil servants, and observance by federal state civil servants of requirements to office behaviour.

the Head B.Simonov

the Appendix

Position about check of reliability and completeness of the data represented by citizens, applying for replacement of posts of federal state civil service in Federal Agency of intellectual property, patents and trade marks, and federal state civil servants, and observance by federal state civil servants of requirements to office behaviour

1. The present Position defines a check procedure:

reliability and completeness of data on incomes, about property and the obligations of property character represented according to the Decree of the President of the Russian Federation from May, 18th, 2009 N 559 About representation by the citizens applying for replacement of posts of federal public service, and federal civil servants of data on incomes, about property and obligations of property character (Meeting of the legislation of the Russian Federation, 2009, N 21, item 2544):

the citizens applying for replacement of posts of federal state civil service (further - citizens) in Federal Agency of intellectual property, patents and trade marks (further - Rospatent), for accounting date;

federal state civil servants of Rospatent as of the end of the accounting period;

reliability and completeness of the data represented by citizens at receipt on federal state civil service in Rospatent according to standard legal certificates of the Russian Federation (further - the data represented by citizens according to standard legal certificates of the Russian Federation);

observance by federal state civil servants of Rospatent of restrictions and interdictions, requirements about prevention or settlement of the conflict of interests, executions of the duties established by the Federal law from December, 25th, 2008 N 273 by them - FZ About corruption counteraction (legislation Meeting, 2008, N 52, item 6228) and other federal laws (further - requirements to office behaviour).

2. The check provided by subparagraphs and in point 1 of the present Position, it is carried out accordingly concerning the citizens applying for replacement of any post of federal state civil service, and the federal state civil servants replacing any post of federal state civil service in Rospatent.

3. Check of reliability and completeness of data on incomes, about property and the obligations of property character represented by the federal state civil servant, replacing a post of federal state civil service in the Rospatent, not provided by the List of posts confirmed by the Decree of the President of the Russian Federation from 18. 05. 2009 N 557 About the statement of the List of posts of federal public service, at appointment on which citizens and at which replacement federal civil servants are obliged to represent data on the incomes, on property and on obligations of property character, and also data on incomes, on property and obligations of property character of the of the spouse (spouse) and minor children (Meeting of the legislation of the Russian Federation, 2009, N 21, the item 2542) and the List of posts of federal state civil service in Rospatent, at appointment on which citizens and at which replacement federal state civil servants are obliged to represent data on the incomes, on property and obligations of property character, and also data on incomes, on property and obligations of property character of the of the spouse (spouse) and the minor children, the confirmed order of Rospatent from 15. 09. 2009 N 132, registered in Ministry of Justice of Russia 03. 11. 2009 registration N 15167, and applying for replacement of a post of federal state civil service in the Rospatent, provided by this list of posts, it is carried out in an order established by the present Position for check of data, represented by citizens according to standard legal certificates of the Russian Federation.

4. The check provided by point 1 of the present Position, is carried out under the decision of the Head of Rospatent or the official to which such powers are given by the Head of Rospatent.

the Decision is accepted separately concerning each citizen or the federal state civil servant and is made out in writing.

5. Department of public service and shots, control and office-work Financially - administration managerial control (further - the personnel service) under the decision of the Head of Rospatent, or the official authorised by the Head of Rospatent, carries out check:

reliability and completeness of data on incomes, about property and the obligations of property character represented by citizens, applying for replacement of posts of federal state civil service in Rospatent, and also the data represented by specified citizens according to standard legal certificates of the Russian Federation;

reliability and completeness of data on incomes, about property and the obligations of property character represented by federal state civil servants, replacing the posts of federal state civil service specified in the subparagraph and the present point;

observance by the federal state civil servants replacing posts of federal state civil service, specified in the subparagraph and the present point, requirements to office behaviour.

6. The basis for check is in writing issued information:

about representation by the citizen or the federal state civil servant of the doubtful or incomplete data represented by it according to subparagraphs and and point 1 of the present Position;

about non-observance by the federal state civil servant of requirements to office behaviour.

7. The information provided by point 6 of the present Position, can be given:

law-enforcement and tax departments;

constantly operating directing bodies of political parties and other all-Russian public associations registered according to the law which are not political parties;

Public chamber of the Russian Federation.

8. The information of anonymous character cannot form the basis for check.

9. Check is carried out in time, not exceeding 60 days from the date of decision-making on its carrying out. The review period can be prolonged till 90 days the official, made the decision on its carrying out.

10. The personnel service of Rospatent carries out check independently.

11. At realisation of the check provided by point 10 of the present Position, officials of personnel service of Rospatent have the right:

to lead discussion with the citizen or the federal state civil servant;

to study presented by the citizen or the federal state civil servant additional materials;

to receive from the citizen or the federal state civil servant of the explanatory on the materials presented to it;

to direct when due hereunder inquiry to bodies of Office of Public Prosecutor of the Russian Federation, other federal state structures (except the federal enforcement authorities authorised on realisation operatively - razysknoj to activity), state structures of subjects of the Russian Federation, territorial bodies of federal state structures, local governments, on the enterprises, in establishments, the organisations and public associations (further - state structures and the organisations) about data available for them: about incomes, about property and obligations of property character of the citizen or the federal state civil servant, his wife (spouse) and minor children; about reliability and completeness of the data presented by the citizen according to standard legal certificates of the Russian Federation; about observance by the federal state civil servant of requirements to office behaviour;

to enquire at physical persons and to receive from them the information from their consent.

12. In the inquiry provided by the subparagraph g point 11 of the present Position, are specified:

a surname, a name, a patronymic of the head of a state structure or the organisation to which the inquiry goes;

the standard legal certificate on which basis the inquiry goes;

a surname, a name, a patronymic, a birth date and birth place, a place of registration, a residence and (or) stay, the post and a place of work (service) of the citizen or the federal state civil servant, his wife (spouse) and minor children, data on incomes, on property and obligations of which property character are checked, the citizen who has presented data according to standard legal certificates of the Russian Federation, completeness and which reliability are checked, or the federal state civil servant in which relation there are data on non-observance of requirements by it to office behaviour;

the maintenance and volume of the data which are subject to check;

term of representation of required data;

a surname, the initials and phone number of the federal state civil servant who has prepared inquiry;

other necessary data.

13. Inquiries go the Head of Rospatent or the official authorised by it to state structures and the organisations.

14. The head of Rospatent in which address the inquiry has arrived, is obliged to organise inquiry execution according to federal laws and other standard legal certificates of the Russian Federation and to present the required information.

15. Rospatent and its officials are obliged to execute inquiry in time, specified in it. Thus the inquiry date of performance should not exceed 30 days from the date of its receipt in Rospatent. In exceptional cases the inquiry date of performance can be prolonged till 60 days with the consent of the official who has directed inquiry.

16. The head of personnel service of Rospatent provides:

the notice in writing the federal state civil servant about the beginning concerning its check and an explanation to it of the subparagraph maintenance the present point - within two working days from the date of reception of the corresponding decision;

carrying out in case of the reference of the federal state civil servant of conversation with it in which course it should be informed on what data represented by it according to the present Position, and what observance of requirements to office behaviour are subject to check, - within seven working days from the date of the reference of the state civil servant, and in the presence of a good reason - in time, co-ordinated with the state civil servant.

17. Upon termination of check the personnel service of Rospatent is obliged to acquaint the federal state civil servant with results of check with observance of the legislation of the Russian Federation about the state secret.

18. The federal state civil servant has the right:

to give explanatories in writing: During check; on the questions specified in the subparagraph point 16 of the present Position; based on the results of testing;

to represent additional materials and to give on them explanatories in writing;

to address in personnel service with the petition subject to satisfaction for carrying out with it conversations on the questions specified in the subparagraph point 16 of the present Position.

19. The explanatories specified in point 18 of the present Position, join check materials.

20. For check carrying out the federal state civil servant can be discharged of a replaced post of federal state civil service for the term which is not exceeding 60 days from the date of decision-making on its carrying out. The specified term can be prolonged till 90 days the person, made the decision on check carrying out.

For discharge of the federal state civil servant from a replaced post of federal state civil service the monetary maintenance on a post replaced with it remains.

21. The head of personnel service represents to the Head of the Rospatent, made the decision on check carrying out, the report on its results.

22. Data on results of check from the written approval of the Head of the Rospatent, made the decision on its carrying out, are given by personnel service with the simultaneous notice on it of the citizen or the federal state civil servant in which relation check, law-enforcement and to the tax departments, constantly operating directing bodies of political parties and other all-Russian public associations registered according to the law which are not political parties, and Public chamber of the Russian Federation, given the information which has was the basis for carrying out of check, with observance of the legislation of the Russian Federation about the personal data and the state secret was spent.

23. At an establishment during check of the circumstances testifying to presence of signs of a crime or an administrative offence, materials about it are represented to state structures according to their competence.

24. At an establishment during check of the circumstances testifying about boreobljudenii the federal state civil servant of requirements about prevention or settlement of the conflict of interests or requirements to office behaviour, check materials are represented to the Commission of Rospatent on observance of requirements to office behaviour of federal state civil servants and settlement of the conflict of interests.

25. Originals of inquiries on incomes, about property and obligations of property character join a private affair of the federal state civil servant.

26. Check materials are stored in personnel service of Rospatent within three years from the date of its termination then are transferred in archive.