Наталья Ключевская
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Они касаются подписания бизнес-сообществом соглашений, хартий, меморандумов и прочих документов в сфере противодействия незаконному обороту промышленной продукции. Рекомендации содержат требования к подготовке, содержанию, предмету и порядку реализации указанных документов.
Рекомендации1 совместно разработаны Минпромторгом России, ФАС России, ФНС России и иными федеральными органами исполнительной власти в рамках реализации п. 31 Плана первоочередных мероприятий, утв. распоряжением Правительства РФ от 29 марта 2018 г. № 533-р.
Документом определены цели подписания соглашений в сфере противодействия незаконному обороту промышленной продукции – создание организационных и правовых основ сотрудничества для противодействия незаконному обороту промышленной продукции, а также совместная реализация мер, направленных на снижение объемов нелегальной продукции. Указаны варианты заключения таких соглашений в зависимости от субъектного состава: между отраслевыми объединениями, между отраслевыми объединениями и коммерческими организациями, между отраслевыми объединениями и органами власти.
Кроме того, перечислены принципы работы по подготовке и подписанию соглашений (принципы законности, открытости, баланса интересов сторон). Установлены требования к подготовке и содержанию соглашений. Такие соглашения могут содержать разделы о сторонах соглашения, о предмете, порядке реализации соглашения с указанием полномочий сторон, заключительные положения. Требования к каждому разделу конкретизируются в отдельных подразделах рекомендаций.
В частности, указано, какие действия не могут быть предметом соглашений. Например, это действия, нацеленные или сопряженные с нарушением или ограничением прав и законных интересов граждан, организаций, общества и государства, связанные с совершением преступлений, административных правонарушений, причинением имущественного ущерба и т.д.
Что касается порядка реализации соглашения, то стороны могут проводить взаимные консультации, рабочие встречи, тематические семинары, создавать рабочие группы. Также допустимы разработка планов, блок-схем, методических рекомендаций, дорожных карт и иных документов.
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1 С текстом Рекомендаций по вопросу подписания бизнес-сообществом соглашений, хартий, меморандумов и прочих документов в сфере противодействия незаконному обороту промышленной продукции можно ознакомиться в подразделе «Референтные группы» раздела «Открытое правительство».
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