Елена Самтынова
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В закон об иностранных инвестициях внесены изменения, смягчающие требования к аккредитации филиала или представительства иностранной компании на территории РФ (Федеральный закон от 24 февраля 2021 г. № 27-ФЗ). В частности, срок осуществления аккредитации филиала или представительства иностранной компании сокращен с 25 до 15 рабочих дней, за исключением представительства иностранных организаций в области гражданской авиации, где срок остался прежним – 25 рабочих дней.
Кроме того, в отличие от прежних правил теперь предусмотрен порядок приостановления аккредитации. Так, осуществление аккредитации, внесение изменений в сведения, содержащиеся в реестре, или прекращение действия аккредитации филиала, представительства иностранного юрлица может быть приостановлено по решению уполномоченного федерального органа исполнительной власти в случае, если им не представлены необходимые документы либо представленные документы не соответствуют требованиям к их оформлению.
Приостановление аккредитации представительства иностранного юрлица, осуществляющего деятельность в области гражданской авиации, осуществляется федеральным органом исполнительной власти, осуществляющим функции по оказанию госуслуг и управлению госимуществом в сфере воздушного транспорта (гражданской авиации).
Срок приостановления устанавливается до устранения причин, послуживших основанием для приостановления осуществления аккредитации, но не более чем на 15 рабочих дней. Решение о приостановлении принимается в пределах срока, предусмотренного для осуществления аккредитации, при этом течение указанного срока прерывается. Данное решение должно содержать указание на непредставленные документы, необходимые для аккредитации, внесения изменений в реестр или прекращения действия аккредитации и иные недостатки оформления, а также на предельный срок представления недостающих или надлежащим образом оформленных документов.
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Перечень оснований отказа в аккредитации филиала, представительства иностранного юрлица дополнен. Так, помимо названных в законе оснований в аккредитации будет отказано:
если не устранены в срок, указанный в решении о приостановлении осуществления аккредитации, отмеченные нарушения; если в отношении руководителя филиала или представительства иностранной компании (в том числе в области гражданской авиации), имеется вступившее в силу постановление по делу об административном правонарушении, за которое ему назначено административное наказание в виде дисквалификации, и срок данного наказания не истек; ввиду отсутствия полномочий у федерального органа исполнительной власти на принятие решения об аккредитации; наличие у иностранного юрлица на первое число месяца, в котором подано заявление об аккредитации, недоимки по налогам, сборам, страховым взносам, задолженности по пеням, штрафам, процентам, в совокупности превышающих 3 тыс. руб.
Прописан порядок применения оснований для отказа во внесении изменений в сведения о филиале, представительстве иностранного юрлица, содержащиеся в реестре, и в прекращении действия аккердитации (в том числе в области гражданской авиации). Отказ может быть обжалован в досудебном порядке, установленном гл. 2.1 Федерального закона от 27 июля 2010 года № 210-ФЗ «Об организации предоставления государственных и муниципальных услуг», и в судебном порядке.
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