2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16
Mechanisms for interaction between businesses and authorities in the Russian Federation are gradually improving - including in the aspect of using online communication channels between business entities and regulatory authorities. Thus, in Russia information systems EGAIS are being actively introduced, and among them is the infrastructure that records transactions with wood. What is its specificity? How do businesses use this system?
What EGAIS operates in Russia?
Let's first consider the purpose of EGAIS, what is EGAIS and in what varieties the corresponding infrastructure can be represented.
In fact, 3 systems of this type are currently operating in Russia.
Firstly, this is the Unified State Automated Information System, which takes into account the turnover of alcoholic products. In it, business entities reflect information on the purchase of alcohol.
Secondly, there is the considered EGAIS accounting for timber and transactions with it. She is needed infor the purpose of notifying government authorities about the volumes of timber transferred from one economic entity to another. Also, in cases provided for by law, this EGAIS is used by authorities at various levels.
Thirdly, there is the EGAIS, which records items of clothing made from fur. This system is expected to be used by manufacturers, importers, and in some cases - sellers of relevant products.
In this case, we are interested in how accounting for timber and transactions with it is carried out through a specialized EGAIS.
Let's study this mechanism.
Timber accounting in EGAIS: basic business operations
EGAIS wood accounting (Unified State Automated Information System for accounting wood and transactions with it) has been used since 2015 in accordance with the legislation of the Russian Federation. What business transactions are recorded in it?
In accordance with the norms adopted by the authorities, legal relations involving legal entities and individual entrepreneurs, the subject of which is transactions with wood at the stage of export from the forest, are subject to registration in the Unified State Automated Information System. In accordance with the clarifications of the competent authorities, wood accounting should be carried out by an economic entity only 1 time - until it is taken out of the forest. After this, the use of EGAIS is not expected. But wood accounting in accordance with other legislation, as well as internal corporate standards,may also be carried out later.
Direct participation in the implementation of the accounting procedure for timber transactions should be played by enterprises that are responsible for the protection, protection, and reproduction of forests. In cases provided for by law, EGAIS is also used by state or municipal authorities.
Why do we need EGAIS for timber transactions?
The purpose of the EGAIS timber accounting system is to create a database of legal relations and documents compiled in the process of their implementation, which allow you to determine how legal wood transactions are.
It is planned to exercise control over the harvesting of especially valuable species, such as oak, beech and ash, especially actively. Information from the Unified State Automated Information System can be used by the authorities responsible for suppressing violations in the field of timber transactions and responding to them.
The considered automated system is used not only to record legal relations, the subject of which is the sale of timber, but also to carry out analytical work in order to build economic policy in the segments of the economy that are characterized by these similar agreements between business entities.
EGAIS for timber transactions: possible sanctions
It can be noted that in 2016 a number of amendments to the Forest Code of Russia, as well as the Code of Administrative Offenses of the Russian Federation, entered into force, according to which the non-use of EGAIS for accounting for wood and transactions withit can become the basis for bringing an economic entity to administrative responsibility. We are talking about the pen alties provided for in Art. 8.28.1 of the Code of Administrative Offenses of the Russian Federation for officials, individual entrepreneurs and legal entities. Let us study in more detail what sanctions can be applied to business entities for non-use of the Unified State Automated Information System and other violations in terms of reporting on timber transactions.
Pen alties for not using EGAIS
If an economic entity does not use the EGAIS infrastructure in cases provided for by law, then a large fine may be imposed on it. So, if the business is run by an individual entrepreneur, then the corresponding pen alty can be 7-25 thousand rubles. If the enterprise is registered as a business entity, then the possible amount of a fine is 100-200 thousand rubles. Appropriate sanctions may also be imposed on the company if the information in the Unified State Automated Information System is entered late or is incorrect.
Rosleskhoz, the agency responsible for implementing the provisions of the legislation governing the use of the Unified State Automated Information System in timber transactions, has published a number of clarifications on the use of the relevant infrastructure. Let's study their essence in comparison with the norms of the regulatory legislation.
Use of EGAIS in timber transactions: obligations of firms
The accounting of wood and transactions with it, carried out through the Unified State Automated Information System, if you follow the explanations of the Federal Forestry Service, as well as the provisions of the Forest Code of the Russian Federation, suggests:
- recording of legal relations initiated not only on the territory of the Russian Federation, but also abroad - ifwood is supposed to be imported into Russia or exported abroad;
- providing the EGAIS operator with a declaration regarding these legal relations in the form of a document certified by an electronic signature - via the Internet (for example, through "Gosuslugi").
The declaration in question must be submitted to the competent authority within 5 days after the conclusion, adjustment or cancellation of the contract for the sale of wood (including in the format of an export agreement), but no later than 1 day before the start transportation of raw wood.
Timber transactions accounting: government commitments
In accordance with the Forest Code, not only private firms, but also state and municipal structures are obliged to carry out accounting through the Unified State Automated Information System, which:
- responsible for the provision of forest areas for the use of one or another economic entity;
- have the authority to conclude agreements for the sale of plantations;
- receive declarations and reporting documents on the use of forests by certain subjects of legal relations.
These bodies are required to submit information to the Unified State Automated Information System within three working days, which are formed in accordance with the provisions of Art. 50.6 of the Forest Code. Let us now study specifically the provisions of this source of law regarding the regulation of timber transactions.
Forest Code: regulation of timber transactions
So, the Forest Code of Russia hasseparate article - 50.6 ("EGAIS accounting for timber and transactions with it"). EGAIS is needed, as we noted above, in order to register business transactions before the removal of timber from the forest (including for export purposes). This system is a tool of federal authorities in terms of exercising legal powers to record transactions in question. The EGAIS operator, in accordance with the Forest Code, is the relevant state structure at the level of the executive branch of government.
The Government of the Russian Federation establishes what information should include the accounting of wood and transactions with it carried out through the Unified State Automated Information System. The use of this system by certain business entities or authorities is free of charge.
Information reflected in the Unified State Automated Information System of legal relations, the subject of which is timber transactions, must be protected in accordance with the legislation on personal data.
Let's consider what information can be reflected in the Unified State Automated Information System, in accordance with the provisions of the Forest Code, in more detail.
What information is reflected in the Unified State Automated Information System?
The system in question must include information:
- about business entities that are engaged in timber harvesting (it is assumed, in particular, to reflect the name of the legal entity or individual entrepreneur, address, information about the state registration of the company);
- about land lease contracts (about the participants in the relevant transactions, the date of signing the agreement, its validity period, subject, volume of timber);
- about contracts under which the purchase and sale of plantations is supposed (in general, the same information is indicated that is recorded in previous agreements);
- on other contracts stipulated by the provisions of the Forest Code;
- on the right of certain persons to use land plots;
- about logging declarations;
- on reports on the use of forests by economic entities;
- about volumes, marking of wood.
In some cases, information to be entered into the Unified State Automated Information System may be contained in other information systems. The Forest Code establishes the procedure for their transfer to EGAIS. Let's study it in more detail.
EGAIS and other information systems
Reflecting wood accounting and transactions with it, EGAIS can use information contained in other information systems used in the Russian Federation. The order of their transfer from one infrastructure to another is determined by the Government of the Russian Federation. At the same time, operators of information systems that are not related to EGAIS must, in accordance with the provisions of the Forest Code, provide access to certain information for the competent authority working with EGAIS. The infrastructure under consideration can exchange data with both state and municipal systems.
Technical nuances of transaction accounting
Let's now study the technical nuances of solving problems using the system in question. We noted above that the data transmission of timber transactions is carried out via the Internet. In practice, this procedure can be carried out through the "Gosuslugi" or withusing a special departmental resource - the EGAIS portal.
The procedure for using the first resource is generally the same as sending most other documents to government agencies online. In turn, the EGAIS portal for accounting for timber transactions has a number of features. Let's study them.
EGAIS portal as a communication tool for firms and government agencies
Before starting work with the relevant Internet resource, an economic entity must register directly in the EGAIS system in order to interact with the competent state authorities. In practice, one of the most convenient mechanisms for implementing this procedure is to contact the regional Department of Forestry. There you must submit an application in the prescribed form. It indicates information about the business entity - such as, in particular, the name, TIN, PSRN number, as well as the number of users who will apply to the EGAIS Internet portal for accounting for wood and transactions with it.
As soon as the specialists of the Department check the information provided by the company, the applicant will be provided with a login and password to use the corresponding resource. By activating it, enterprises will be able to send information about timber transactions to controlling structures.
There is also the option of self-registration on the portal in question. In order to pass it, however, the company must already be registered in the state register of business entities,dealing in timber. If this is the case, then all you need to do is select the "Register" section on the main page of the site, then enter the required information in the electronic form.
Using an electronic signature
An important nuance: to send documents to the operator of the corresponding system, you must use an electronic signature. Without it, EGAIS wood accounting will not work in fact, since sending documents in this case will be possible only in an unsecured mode, which is contrary to established standards regarding the protection of data transmitted via the Internet. In order to issue an electronic signature, you must contact the EGAIS operator directly using the contact details that are posted on the corresponding portal.
Help and advice on the system: where to go?
If an economic entity needs help in applying certain online options, he can read the EGAIS portal user manual or, for example, write to the support service through a special online form. In addition, there are quite a few documents on the relevant website that a timber trading company can apply in the process of using the system in question.
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