Regulations regulating the relevant activities. Basic legal acts regulating tourism activities in the Russian Federation

ANSWERS ON QUESTIONS

EXAMINATION TICKETS FOR TESTING KNOWLEDGE

OCCUPATIONAL SAFETY REQUIREMENTS FOR MANAGERS

AND SPECIALISTS OF ORGANIZATIONS

Ticket No. 1

1. What regulatory legal acts regulate labor and other related relations?

Regulation of labor and other relations directly related to them, in accordance with the Constitution Russian Federation and federal constitutional laws is carried out by labor legislation (including legislation on labor protection) and other regulatory legal acts containing labor law norms:

Labor Code of the Russian Federation (hereinafter referred to as the Code);

Other federal laws;

Decrees of the President of the Russian Federation;

Decrees of the Government of the Russian Federation and regulatory legal acts of federal bodies executive power;

Constitutions (charters), laws and other regulatory legal acts of the constituent entities of the Russian Federation;

Acts of local government bodies and local regulations containing labor law norms.

^ Labor law provisions contained in other laws must comply with the Code.

Decrees of the President of the Russian Federation containing labor law norms must not contradict the Code and other federal laws.

Decrees of the Government of the Russian Federation containing labor law standards must not contradict the Code, other federal laws, decrees of the President of the Russian Federation, etc.

In case of contradictions between the Code and other federal laws containing labor law norms, the Code is applied.

The employer adopts local regulations containing labor law norms, within its competence, in accordance with laws and other regulations, collective agreements, and agreements.

If an international treaty of the Russian Federation establishes rules other than those provided for by laws and other regulatory legal acts containing labor law norms, the rules of the international treaty are applied.

The Code, laws and other regulatory legal acts containing labor law standards apply to all employees who have entered into an employment contract with the employer.

The Code, laws and other regulatory legal acts containing labor law standards do not apply to the following persons(if, in accordance with the procedure established by the Code, they do not simultaneously act as employers or their representatives):

Military personnel in the performance of military service duties;

Members of boards of directors ( supervisory boards) organizations (except for persons who have entered into an employment contract with this organization);

Persons working under civil contracts;

Other persons, if established by federal law.

Literature

Labor Code of the Russian Federation (Articles 5-11).

^ 2. Legislative and other regulatory legal acts establishing the procedure for investigating and recording industrial accidents.

The procedure for investigating and recording industrial accidents is regulated by the Code. Article 229 of the Code provides that the procedure for investigating industrial accidents, taking into account the characteristics of individual industries and organizations, as well as the forms of documents required for the investigation of industrial accidents, is approved in the manner established by the Government of the Russian Federation.

The investigation and recording of industrial accidents is carried out on the basis of the “Regulations on the peculiarities of the investigation of industrial accidents in certain industries and organizations” (hereinafter referred to as the Regulations), approved by the Ministry of Labor Russia, which establishes taking into account Articles 227-231 of the Code and the characteristics of individual industries and organizations mandatory requirements but organizing and conducting investigations, registration and recording of industrial accidents occurring in organizations and employers - individuals With various categories workers (citizens).

The Regulations contain references to the relevant articles of the Code, therefore, when investigating and recording industrial accidents, it is necessary to use the Regulations and the Code. It should be borne in mind that the Regulations in no way replace the Code, it only clarifies legal norms of its individual articles: these two legislative and regulatory acts are interconnected.

The forms of documents required for the investigation and recording of industrial accidents are as follows:

Notification of a group accident (serious accident, fatal accident);

• 
  reports of accidents at work, forms N-1 and N-1PS;
• 
  act on the investigation of a group accident (serious accident, fatal accident);

- conclusion of the state labor inspector;

Protocol of interviewing an accident victim (an eyewitness to an accident, an official);

Protocol of inspection of the accident site;

Reporting the consequences of an industrial accident and the measures taken;

Journal of industrial accidents;

Medical report on the nature of health injuries received as a result of an industrial accident and the degree of their severity.

Literature

1. 
   Labor Code of the Russian Federation.
2. 
   “Regulations on the peculiarities of investigation of industrial accidents in certain industries and organizations.” The appendices contain the forms of documents required for the investigation and recording of industrial accidents, approved by resolution Ministry of Labor of Russia October 24, 2002 No. 73 and put into effect on January 1, 2003
3. 
   Order of the Ministry of Health and Social Development of Russia dated April 15, 2005 No. 275 “On the forms of documents required for the investigation of industrial accidents.”

^ 3. Impact of vibration on the human body. Means and methods of vibration protection .

According to statistics, a third of occupational diseases identified among workers are associated with exposure to vibration and noise.

Worker exposure to hazardous vibration mainly includes:

Vibration passing through the entire body (general) - the body is on a vibrating surface, which happens during all types of transportation and when working near vibrating industrial mechanisms;

Vibration transmitted through the hands (local) - enters the body through the hands and is caused by various processes, in which vibrating tools or workpieces are compressed or held by hands or fingers.

To prevent the adverse effects of vibration on workers, employers must identify sources of vibration and find ways to reduce exposure limits.

Vibrating machinery and tools should be regularly maintained due to the risk of increased vibration from the combination of worn bearings, unbalanced axles and rotating parts, missing bolts, broken gear teeth, dull cutting surfaces and old grease.

When hiring, there must be medical checkup to identify individuals suffering from “hand trembling” syndrome of non-industrial origin or “finger behavior” syndrome caused by vibration acquired as a result of previous work. Workers exhibiting these symptoms should not be allowed to work in vibration-related jobs.

Employers should ensure that workers exposed to severe vibration are trained and informed about the dangers of prolonged use of vibrating tools.

If an employee is exposed to vibration transmitted through the hands, he must undergo periodic medical examination.

^ Complex preventive measures includes: hygienic standardization, organizational, technical and treatment and preventive measures. The most effective means of protecting a person from vibration is to eliminate direct contact with vibrating equipment. This is accomplished through the use of remote control, industrial robots, and automation of technological operations.

In a set of measures to reduce the adverse effects of vibration on the human body, an important role is given to work and rest regimes. Total time contact with vibration during the shift should be limited in accordance with the magnitude of the excess normative level. It is recommended to establish regulated breaks for active rest, physiotherapeutic procedures, etc.: 1st - lasting 20 min(in 1-2 h after the start of the shift) and 2nd - 30 min(after 2 h after lunch break which must last at least 40 min). When working with vibrating equipment, the duration of one-time continuous exposure to vibration should not exceed 10-15 min.

For prevention purposes adverse effects For local and general vibration, workers should use personal protective equipment: mittens or gloves, mats, shoes, soles and knee pads. Among treatment and preventive measures, an important place is given to early diagnosis of diseases and active differentiated medical examination of workers in vibration-hazardous professions. Clinical examination provides for the prevention of the occurrence (primary prevention), progression (secondary prevention) of vibration disease, as well as diseases of a non-occupational nature.

Medical, biological and general health measures to prevent vibration pathology include:

Thermal procedures for hands in the form of hydrotherapy (baths) or dry air heating;

Mutual and self-massage of the arms and shoulder girdle;

Industrial gymnastics;

Ultraviolet irradiation;

Vitamin prophylaxis and other general strengthening measures.

Organizations must develop specific sets of medical and biological preventive measures, taking into account the nature of the impact vibration and associated factors production environment.

Literature

1. 
   ILO Guideline “Environmental Factors in the Workplace”, Geneva, 2001.
2. 
   SN 2.2.4/2.1.8.566-96 " Industrial vibration, vibration in residential and public buildings."
3. 
   SanPiN 2.2.2.540-96 " Hygienic requirements to hand tools and work organization.”
4. 
   Suvorov G., Prokopenko L. “Vibration and protection from it” - M., ed. magazine "Occupational Safety and Social Insurance", 2001.

^ 4. Types of labor safety briefings.

The employer (or a person authorized by him) is obliged to conduct the following briefings on labor protection: introductory, primary, repeated, unscheduled and targeted.

All types of briefings are recorded in the appropriate logs (in established cases- in the work permit for the execution of work) with the signatures of the person being instructed and the person instructing, as well as the date of their completion.

The specific procedure, conditions, terms and frequency of all types of briefings on labor protection for workers in individual industries and organizations are regulated by relevant industry, intersectoral and local regulatory legal acts on labor safety and health.

Literature

1. 
   GOST 12.0.004-90 SSBT. Organization of occupational safety training. General provisions.
2. 
   The procedure for training in labor protection and testing knowledge of labor protection requirements for employees of organizations. Approved by Resolution of the Ministry of Labor of Russia on January 13, 2003 No. 1/29, registered with the Ministry of Justice of Russia on February 12, 2003 No. 4209.

^ 5. Organization technical supervision and maintenance of cranes in the organization.

Production control over the safe operation of cranes must be carried out in accordance with the Rules of Organization and Implementation production control for compliance with industrial safety requirements in hazardous areas production facility.

Heads of organizations and individual entrepreneurs - owners of cranes, load-handling devices, crane tracks, as well as heads of organizations and individual entrepreneurs operating cranes, are obliged:

Appoint an engineering and technical worker to supervise safe operation lifting cranes, load-handling devices and containers; an engineering and technical worker responsible for maintaining cranes in good condition; the person responsible for the safe performance of work with cranes;

Establish a procedure for periodic inspections, maintenance and repairs to ensure the maintenance of cranes, crane tracks, lifting devices and containers in good condition;

Establish the procedure required by the Rules for the design and safe operation of load-lifting cranes PB 10-382-00 (hereinafter referred to as the Rules) for training and periodic testing of knowledge of personnel servicing the cranes, as well as testing knowledge of the Rules responsible specialists;

Develop job descriptions for responsible specialists and production instructions for service personnel, magazines, work projects, technological maps, technical conditions for loading and unloading, slinging schemes, cargo storage and other regulations for the safe operation of cranes;

Provide responsible specialists with safety rules, job descriptions and guidelines for the safe operation of cranes, and maintenance personnel with production instructions;

Ensure that responsible specialists comply with the Rules, job descriptions, and service personnel comply with production instructions.

The owner appoints engineering and technical workers after training and testing their knowledge of the Rules; job descriptions for responsible specialists and production instructions for maintenance personnel. The check is carried out examination committee(with the participation of an inspector from Rostekhnadzor) and issues them an appropriate certificate.

The number of the supervision service and its structure are determined by the owner, taking into account the number of cranes and the conditions of their operation, and are agreed in writing with the Rostechnadzor authorities.

In each workshop, on construction site or another area of ​​crane operation, in each shift a person responsible for the safe performance of work must be appointed by order, from among the foremen, foremen, heads of workshops, and sections. In material warehouses and other work areas, warehouse managers and foremen may be appointed as persons responsible for the safe performance of work with cranes, in agreement with Rostechnadzor. The appointment of these workers as persons responsible for the safe performance of work on cranes is made after training and testing their knowledge of the relevant sections of the Rules, job description, production instructions for crane operators and slingers. The knowledge test is carried out by an examination committee (with the participation of an inspector from Rostechnadzor).

For organizations with a small number of cranes (up to three registered cranes), for which all responsible specialists cannot be assigned, in agreement with Rostechnadzor, performing the duties of an engineer and technical worker responsible for maintaining load-lifting cranes in good condition, and a person responsible for the safe the execution of work using cranes may be assigned to one engineering and technical worker or (by agreement) to a specialist from the engineering center.

In cases where the crane owner is unable to appoint responsible specialists, provided for by the Rules, it is allowed, in agreement with Rostechnadzor, to assign their responsibilities to employees of a specialized organization or to a specialist from an engineering center.

Periodic testing of the knowledge of engineering and technical workers, after their training, must be carried out at least once every three years, by a commission of the organization or educational organization(with the participation of an inspector from Rostechnadzor).

To operate and service cranes, the owner is obliged to appoint crane operators, their assistants, mechanics and safety device adjusters, and to service electrically driven cranes, in addition, electricians.

Literature

1. 
   Rules for the design and safe operation of load-lifting cranes PB 10-382-00.
2. 
   Rules for organizing and implementing production control over compliance with requirements industrial safety at a hazardous production facility (approved by Decree of the Government of the Russian Federation dated March 10, 1999 No. 263).

^ 6. Responsibilities of the person responsible for electrical equipment.

The responsibilities of the person responsible for electrical equipment include:

Organization of development and maintenance necessary documentation on issues of organizing the operation of electrical installations;

Organization of training, instruction and testing of knowledge, as well as access to independent work for electrical personnel;

Organization safe conduct all types of work in electrical installations, including with the participation of seconded personnel;

Monitoring the availability, timely inspection and testing of protective equipment in electrical installations, fire extinguishing equipment and tools;

Ensuring the established procedure for admission into operation and connection of new and reconstructed electrical installations;

Organization of operational maintenance of electrical installations and emergency response;

Ensuring verification of compliance of power supply schemes with actual operational ones, with a check mark on them (at least once every two years), revision of instructions and diagrams (at least once every three years) and advanced training of electrical personnel (at least once every five years );

Control over the correct admission of personnel of construction, installation and specialized organizations to work in existing electrical installations and in security zone power lines.

In addition, the responsibilities of the person responsible for electrical facilities include ensuring timely and high-quality performance of maintenance, scheduled maintenance and preventive testing of electrical installations; organization of demand calculations electrical energy, monitoring its expenditure; participation in the development and implementation of measures for the rational consumption of electrical energy and ensuring control over measurements of electrical energy quality indicators (at least once every two years).

The instructions of the person responsible for electrical equipment must indicate his rights and responsibilities that arise from his duties.

Literature

Rules for the technical operation of consumer electrical installations (6th edition).

^ 7. Safety requirements for handling acetylene and liquefied gas.

Liquefied gases- mixtures consisting mainly of propane, butane, butylene, ethane, ethylene, pentane and methane. Under normal conditions (at atmospheric pressure and temperature 20°C) these mixtures are in a gaseous state. When the temperature decreases or the pressure increases, the mixture turns into a liquid. For construction and installation work, a mixture of propane and butane is usually used. The amount of propane in the mixture ranges from 30% (summer) to 70% (winter). This is due to the fact that the evaporation temperature of propane is lower than that of butane.

When using a propane-butane mixture (at temperatures below 0°C), it is necessary to use a special evaporator, since the mixture itself does not evaporate. At ambient temperatures up to 5°C, propane-butane cylinders can be slightly tilted to increase the evaporation area, but liquid should not be allowed to flow into the valve.

With intensive gas extraction or a decrease in the temperature of the propane-butane mixture, the liquid does not have time to evaporate, so it is possible to create a vacuum in the flammable gas hose and allow liquid to flow into it from the cylinder.

When using liquefied gases, it should be taken into account that they quickly evaporate at atmospheric pressure and cool to very low temperatures. At careless handling You can get a “cold burn” with them, so use appropriate personal protective equipment (gloves).

The propane-butane mixture is delivered in cylinders with a capacity of 40 and 50 liters in a liquefied state. The cylinder is painted red, with the inscription “propane” written in white letters.

Valves for propane-butane mixtures are made of brass with a left-hand thread on the outlet fitting. The valve is equipped with a safety membrane, which bursts if the pressure in the cylinder is higher than permissible.

Small concentrations of propane-butane mixture with air are especially explosive, so careful ventilation of rooms where accumulation of this mixture is possible is required.

The container is filled halfway with the liquid mixture, since when heated, the pressure in the container increases, which can lead to its destruction and subsequent explosion.

Liquefied gases have a much higher specific gravity specific gravity oxygen. Gas leaks in poorly ventilated areas can lead to the creation of explosive and fire-hazardous mixtures and the displacement of oxygen from the air.

It is prohibited to perform gas welding, cutting and other types of gas-flame processing of metals using liquefied gases in basements and basements, as well as in wells, mines and other underground structures.

Cylinders with liquefied gases should be installed in a vertical position to prevent liquid from entering the hose, and burners and cutters should be periodically cleaned with a brass needle (of appropriate diameter) to avoid kickback flame.

Gas cylinders and reducers must be painted red.

Acetylene- a colorless gas with a weak ethereal odor, lighter than air. Usually it contains various impurities of phosphine, hydrogen sulfide and ammonia, which gives it a specific smell.

Leaking acetylene may cause a fire or explosion. Mixtures with a low acetylene content in the air (from 7 to 13% by volume) are especially explosive. Acetylene with air can form an explosive mixture.

In dry weather, acetylene collects in the upper part of the room, since it is lighter than air. But acetylene can dissolve in moist air, as a result of which it becomes heavier and settles below. It is widely used in construction and installation work as a flammable gas. Other gases and flammable liquids serve as its substitutes, since only acetylene can produce the highest flame temperature.

Care should be taken when working with acetylene. Its contact with chlorine or fluorine can cause an explosion, and under some conditions it can react with copper, silver and mercury to form compounds that, in a dry state (with increased temperature, friction or shock), quickly decompose. Therefore, the use of pipes, valves, tanks and connections made of copper or its alloys (bronze and brass) that contain more than 65% copper is prohibited. For the same reason, the use of copper parts when connecting acetylene hoses is prohibited. It is safe to use steel of the appropriate grades in such cases.

Literature

1. 
   Interindustry rules on labor protection in electrical and gas welding works POT RM 020-2001.
2. 
   Pushin V. Study Guide Intersectoral rules on labor protection during electric and gas welding works POT RM 020-2001. - M., publishing house "Energoservice", 2003.

^ 8. Hygienic criteria and classification of working conditions according to the degree of harmfulness and danger.

Hygienic criteria- these are indicators that allow us to assess the degree of deviations of the parameters of the production environment and the labor process from the existing ones hygienic standards. The classification of working conditions is based on the principle of differentiation of these deviations.

Working in conditions of exceeding hygienic standards is a violation of the legislation of the Russian Federation.

In cases where, for justified technological reasons, the employer cannot in full ensure compliance with hygienic standards in the workplace, government bodies and organizations sanitary supervision, having reviewed the necessary documents, can authorize work in these conditions with the mandatory use of funds personal protection and when limiting the time of exposure of workers to harmful production factors(“protection by time”).

At the same time, each employee must receive full information about working conditions, the degree of their harmfulness, possible adverse effects on health, necessary personal protective equipment, work and rest regimes, medical and preventive measures, measures to reduce the time of contact with harmful factor. At the same time, the institutions of the State Sanitary and Epidemiological Service require the organization to develop a long-term action plan to normalize working conditions.

^ Hygienic standards, working conditions (MPC, MAC) - levels of harmful production factors that, during daily (except weekends) work, but not more than 40 hours per week, during the entire working period, should not cause diseases or deviations in health that can be detected modern methods research, in the process of work or in the long term of the life of the present and subsequent generations. Compliance with hygiene standards does not exclude health problems in people with hypersensitivity.

Hygienic standards are justified taking into account an 8-hour work shift. For longer shifts, in each specific case the possibility of working must be agreed with the authorities and organizations of state sanitary supervision.

Based on hygienic criteria, working conditions are divided into four classes: optimal, acceptable, harmful and dangerous.

Literature

Guide R 2.2.755-99 “Hygienic criteria for assessing and classifying working conditions according to indicators of harmfulness and danger of working environment factors, severity and tension labor process».

^ 9. Taking into account the fault of the insured when determining the amount of monthly insurance payments.

If during the investigation insured event The commission for investigating the insured event established that the gross negligence of the insured contributed to the occurrence or increase of harm caused to his health, the amount of monthly insurance payments may be reduced according to the degree of guilt of the insured, but not more than by 25%. The degree of fault of the insured is established by the commission for investigating the insured event (in percentage) and is indicated in the report on the industrial accident or in the report on the occupational disease.

When determining the degree of guilt of the insured, the conclusion of the trade union committee or other representative body authorized by the insured is considered.

The amount of monthly insurance payments provided for by Federal Law No. 125-FZ of July 24, 1998 cannot be reduced in the event of the death of the insured.

Upon the occurrence of insured events confirmed in in the prescribed manner, denial of compensation for harm is not permitted.

Damage resulting from the intent of the insured, confirmed by the conclusion law enforcement, is not refundable.

Literature

the federal law dated July 24, 1998 No. 125-FZ “On mandatory social insurance from accidents at work and occupational diseases” (Article 14).

1. Constitution of the Russian Federation;

2. Federal Law of November 21, 2011 No. 324-FZ “On free legal assistance in the Russian Federation”

3. Federal Law of May 31, 2002 No. 63-FZ “On advocacy and the Bar in the Russian Federation";

4. Federal Law No. 59-FZ dated May 2, 2006 “On the procedure for considering appeals from citizens of the Russian Federation”;

5. Federal Law of 02.08.1995 No. 122-FZ “On social services elderly citizens and disabled people";

6. Federal Law of August 11, 1995 No. 135-FZ “On charitable activities and charitable organizations";

7. Federal Law of December 21, 1996 No. 159-FZ “On additional guarantees on social support for orphans and children left without parental care";

8. Federal Law of June 24, 1999 No. 120-FZ “On the fundamentals of the system for the prevention of neglect and juvenile delinquency”;

9. Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel”;

10. Federal Law of October 6, 1999 No. 184-FZ “On the general principles of organization of legislative (representative) and executive bodies state power subjects of the Russian Federation";

11. Law of the Russian Federation dated July 2, 1992 No. 3185-1 “On psychiatric care and guarantees of citizens’ rights during its provision”;

12. Decree of the President of the Russian Federation dated April 2, 2013 No. 309 “On measures to implement individual provisions Federal Law “On Combating Corruption”;

13. Regulations on the Ministry of Justice of the Russian Federation, approved by Decree President of the Russian Federation dated October 13, 2004 No. 1313;

14. Order of the Government of the Russian Federation dated October 16, 2012 No. 1928-“On the transfer to the constituent entities of the Russian Federation of federal government institutions subordinate to the Ministry of Justice of Russia”;

15. Order of the Ministry of Justice of Russia dated November 12, 2012 No. 206 “On approval of forms and deadlines for submitting documents related to the participation of lawyers in activities state system free legal assistance in the Russian Federation";

16. Order of the Ministry of Justice of Russia dated 01.03. 2013 No. 24 “On approval of the procedure for maintaining a list of non-state centers for free legal assistance and its placement on the official website of the Ministry of Justice of the Russian Federation on the Internet information and telecommunications network”;

17. Order of the Ministry of Education and Science of Russia dated November 28, 2012 No. 994 “On approval of the procedure for creating educational institutions higher vocational education legal clinics and the procedure for their activities within the framework of the non-state system of providing free legal assistance";

18. Law of the Republic of Adygea dated October 30, 2012 No. 128 “On the implementation of the right of citizens to receive free legal assistance”;

19. Resolution of the Cabinet of Ministers of the Republic of Adygea dated February 8, 2013 No. 20 “On some measures to implement the Law of the Republic of Adygea “on the implementation of the right of citizens to receive free legal assistance”;

20. Order of the Ministry of Labor and Social Development of the Republic of Adygea dated February 8, 2013 No. 26 “On approval of the forms of documents necessary for organizing the provision of free legal assistance in the territory of the Republic of Adygea.”

IN legal system In Russia, the variety of sources of law is very large. But it is also based on such a concept as a normative legal act. What are the specifics of their publication and what types of these sources of law are there? Can the term NPA be interpreted in different ways? Which ones exactly?

Traditional vision of the nature of NPA

Some lawyers consider the following definition of the term “normative legal act” to be typical. This is the document in in writing, which is adopted by a subject of law (a government agency, a local government structure or an institution of direct democracy) for the purpose of expressing the orders of the authorities and regulating relations in society.

The main property of normative legal acts (or abbreviated as NLA) is normativity. Also, such sources are endowed with the property of unquestioned legitimacy.

Scientific vision of the nature of NPA

Among legal scholars there is an opinion that legal acts are written document, which expresses the official will of a public authority regarding the establishment, adjustment or abolition of certain rules of law (rules of a generally binding nature that are subject to repeated application).

Official vision of the nature of NPA

Among government authorities, examples of other definitions of what a normative legal act is are used. According to one of them, a legal act is an act containing legal norms and regulations that are designed for long-term (usually) use and apply to an indefinite (or very wide) circle of persons.

The Supreme Court of the Russian Federation at one of the plenums also defined legal acts. According to the judges, the acts authorized bodies authorities or officials who establish legal norms or rules of behavior, directed to an indefinite number of persons and subject to repeated application, regardless of the presence or absence of legal relations regulated by the act, are recognized as normative and legal.

Classification of legal acts

There are different types of legal acts. There are several reasons for their classifications. One of them depends on the legal status of the entity that issues laws (engaged in lawmaking). The system of regulations adopted in Russia implies the following classification sources of law according to the criterion in question:

• These are acts of state bodies (on behalf of the Government of Russia, regional or municipal structure executive power).
• These are codes of practice published (and also by corporations).
• These are joint regulations (which government agencies issue by joining forces, for example, with corporations).
• These are sources of law adopted in referendums through the direct expression of the will of the people.

Types of legal acts may vary depending on the geography of application. There are federal regulations, sources of law for subjects, as well as laws issued by municipalities and (corporate, at the institutional level). Another basis for classifying legal acts is the validity period. There are documents whose validity period is not defined, and there are temporary sources of norms.

Legal acts and acts of application of law

Some lawyers distinguish between the concept of legal acts and such a phenomenon as the act of applying the law. The differences between these two documents may be in the following nuances.

• Firstly, regulations designed to manage typical, relatively common social relations. manage particular situations, create precedents. Example - the Civil Code of the Russian Federation is a normative legal act, and the decision of the mayor's office regarding the appointment of those responsible for the issue of greening the city is an act of application of law.
• Secondly, it matters to whom the action of the source of law is directed.

Regulatory legal acts, as a rule, are not personalized. They are addressed to an indefinite number of people. Acts of application of law have an individual focus. The legal acts may establish, adjust or cancel any that do not have such properties. It may be part of the enforcement process related to the requirements of regulations.

Legal acts and non-normative legal acts

A number of experts consider it necessary to distinguish between the concepts of legal acts and “non-normative legal acts”. The criteria are as follows. Normative act- this is the result of the legislative work of authorities and officials. They contain rules and norms of a generally binding nature, not personalized, designed to be used for long term. Non-normative acts do not contain any of the listed characteristics. One of their possible definitions is “instructions limited in time and addressed to specific subjects.”

At the same time, there is an opinion that non-normative acts are more strict and set unambiguous instructions indicating legal consequences for a specific person or group. The Code of Civil Procedure of the Russian Federation contains norms according to which a person who considers that a non-normative legal act issued to him violates his freedoms can challenge his obligations that have arisen in accordance with the content of the act.

Scope of regulation of federal laws

One of the key types of federal legal acts in Russia is laws. Their scope of regulation, according to some lawyers, includes the following: key issues:

• implementation of the rights, freedoms, duties of citizens, their protection;
• establishing norms of legal responsibility of citizens for certain actions.

The scope of regulation of the Federal Law includes issues of federal relations. This is the management of democratic processes (elections at different levels, referendums).

Legal acts of the Russian Federation federal level are responsible for the ratification or denunciation of agreements signed by Russia with other states. Federal laws govern budget policy, collection of taxes, duties. Federal Law - sources of regulations relating to national security, military policy. At the federal level, key issues regarding the justice system are resolved, decisions civil disputes, work of arbitrations, lawyers and lawyers. Federal laws are designed to regulate the most different areas public life and state building. There is a Federal Law “On joint stock companies", there is a similar act regulating the activities of LLCs. Some lawyers allow the classification of Federal Law into two types - current acts and codified.

The Constitution is an act with supreme legal force

The most important Russian normative legal act is the Constitution. He has the highest legal force. This source of law is endowed with a constituent character: the regulations and norms contained in the Constitution are the basis for absolutely all other legal acts issued in Russia. This source of law is published by none other than the Russian people. The Constitution is not only legal significant document. This is the basis for the course of key social and political processes. She expresses public consent people, each of whom may have a completely unique political interest. The Constitution of the Russian Federation enshrines key characteristics government system, the structure of government bodies, relations between the country's population and socio-political institutions.

Specifics of federal constitutional laws

A subtype of the Federal Law is constitutional laws. They have some specifics. These laws are adopted with the aim of regulating processes that are directly stated in the Constitution of the country. Among these, for example, the status of key state institutions. Their activities are regulated by constitutional laws - “On the Government”, “On the Constitutional Court” and the like. There are acts regulating the introduction or abolition of statuses that affect the degree of sovereignty of the state. Among these is the law on the introduction of martial law. Federal constitutional laws of Russia introduce rules and norms relating to the administrative and political structure of the country, determine the rules by which new entities can be admitted to the federation. The legal force of constitutional laws is higher than that of ordinary federal laws (according to Article 76 of the Constitution). These acts are adopted in a more strict manner. For example, in order to approve or amend a constitutional law, at least 60% of the members of the Federation Council and at least two-thirds of the State Duma deputies must vote “for”.

Laws of the subjects of the Federation

Each of the subjects of the Russian Federation - be it an autonomous district, territory, region or republic - has the right to publish own laws. Such normative legal acts are adopted by the legislature or the subject (most often, this is state council). Acts issued by the authorities of the constituent entities of the Federation are designed to regulate issues relating to key areas of social, political and economic development region.

The main criterion is the compliance of the adopted law with the Constitution of the Russian Federation and other legal acts with higher legal force. Example: there is a Federal Law “On the General Principles of Local Self-Government”. The norms prescribed in it must be taken into account when forming legislative framework concerning the work of municipalities of the constituent entities of the Federation. If, say, the State Council of the Republic of Tatarstan adopts its law on local government, then the norms contained in it should not contradict the Federal Law, which is indicated above. Some lawyers believe that the effect of legal acts adopted by government agencies of the constituent entities of the Federation cannot extend to civil legal relations, since they are outside the jurisdiction of regional structures.

Features of municipal legal acts

Municipal legal acts differ from federal and legal regulations regional level because they only act on certain territory- city, district, region. System of legal acts municipal level are the following sources:

• charter of the territorial unit;
• sources of law issued by the local representative authority;
• acts adopted by the mayor, administration and others officials(in accordance with the charter).

Municipal ones can be adopted by the population at a local referendum or meeting. It is noteworthy that these legal acts have the same legal force as the charter. Moreover, several years ago the Russian Ministry of Justice issued an order regulating the relationship between the municipal charter at the stage of its state registration and sources of law approved at the national assembly. If the approved charter contains norms that contradict those contained in the legal acts adopted in a referendum, then it is recognized as inconsistent with the Constitution of Russia and cannot be registered.

International laws of the Russian Federation

Eat special type regulatory legal acts - Federal Law on ratification or denunciation international agreements Russia. They are adopted on the basis of the provisions of Article 106 of the Constitution. These laws have a specific adoption procedure, but are a full-fledged part of the national legal system. Regulations of this type are published through the Bulletin of International Agreements. Article 15 of the Constitution states that treaties signed by the Russian Federation with other countries take precedence over national legislation. And therefore, some lawyers call such legal acts the highest in the hierarchy of federal laws.

Government regulations

Regulatory acts of the Government of the Russian Federation are issued in accordance with Article 115 of the Constitution, as well as in accordance with the norms constitutional law"About the government." What is legal nature government regulations? In order to fulfill the requirements of the Constitution, Federal Law, and decrees of the head of state, the Government of Russia issues special forms documents - resolutions, orders, and also monitors their implementation. Acts issued by the Government are thereby subordinate to law. They must fully comply with the Constitution and other sources of federal law. Resolutions, according to some lawyers, are the most meaningful view government regulations. These sources regulate key issues within the competence of the Russian executive branch. Orders are normative legal acts regulating current issues. Both types of government sources of law are adopted, as a rule, by the Presidium, but in some cases they can be issued by the Prime Minister of Russia himself.

Regulatory legal acts regulating the procedure for implementing federal state control(supervision)

Federal Law of March 30, 1999 No. 52-FZ “On the sanitary and epidemiological welfare of the population.”

Law of the Russian Federation dated 02/07/1992 No. 2300-1-FZ “On the protection of consumer rights”.

Federal Law of December 26, 2008 No. 294-FZ “On the Protection of Rights legal entities and individual entrepreneurs during state control (supervision) and municipal control».

Federal Law No. 261-FZ dated November 23, 2009 “On energy saving and increasing energy efficiency and on amendments to certain legislative acts of the Russian Federation.”

Federal Law No. 59-FZ dated May 2, 2006 “On the procedure for considering appeals from citizens of the Russian Federation.”

Federal Law of January 2, 2000 No. 29-FZ “On Quality and Safety food products».

Decree of the Government of the Russian Federation of September 15, 2005 N 569 "On the Regulations on the implementation of state sanitary and epidemiological supervision in the Russian Federation."

Decree of the Government of the Russian Federation dated July 16, 2009 N 584 “On notification procedure start of implementation individual species entrepreneurial activity."

Resolution of the Government of the Russian Federation dated November 23, 2009 N 944 “On approval of the list of activities in the field of healthcare, education and social sphere carried out by legal entities and individual entrepreneurs, in respect of which scheduled inspections are carried out with established frequency".

Decree of the Government of the Russian Federation of November 24, 2009 N 953 “On ensuring access to information about the activities of the Government of the Russian Federation and federal executive bodies” (Collected Legislation of the Russian Federation, 2009, N 48, Art. 5832).

Resolution of the Government of the Russian Federation dated June 30, 2010 N 489 “On approval of training rules by state control (supervision) bodies and municipal control bodies annual plans carrying out scheduled inspections legal entities and individual entrepreneurs" (Collected Legislation of the Russian Federation, 2010, No. 28, Art. 3706).

Decree of the Government of the Russian Federation of May 2, 2012 No. 412 “On approval of the Regulations on the federal state supervision in the field of consumer protection."

Decree of the Government of the Russian Federation dated June 30, 2004 No. 322 “On approval of the Regulations on the Federal Service for Surveillance in the Sphere of Protection of Consumer Rights and Human Welfare.”

Decree of the Government of the Russian Federation dated January 19, 1998 No. 55 “On approval of the Rules for the sale of certain types of goods, list of goods durable, which are not subject to the buyer's requirement for free provision him for the period of repair or replacement of a similar product, and a list non-food products of proper quality, not subject to return or exchange for similar product other size, shape, dimensions, style, color or configuration.”

Order of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare dated July 16, 2012 No. 764 “On approval of the Administrative Regulations for the implementation of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare state function to conduct inspections of the activities of legal entities, individual entrepreneurs and citizens to fulfill the requirements sanitary legislation, legislation of the Russian Federation in the field of consumer protection, rules for the sale of certain types of goods."

Order of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare dated July 9, 2012 No. 678 “On approval of the regulations on the Office of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare in the Republic of Kalmykia.”

A unified list of goods subject to sanitary and epidemiological supervision (control) at the customs border and the customs territory of the customs union. By decision of the Customs Union Commission of May 28, 2010 No. 299

Regulations on the procedure for carrying out state sanitary and epidemiological supervision (control) of persons and vehicles crossing the customs border of the Customs Union, controlled goods, moved across the customs border of the customs union and on the customs territory of the customs union approved. By decision of the Customs Union Commission of May 28, 2010 No. 299

Exist in a certain form. Before their objectification, i.e. external manifestation, a rule of law can only be spoken of as a result of rule formation. Form of labor law - This is a system of normative legal acts containing labor law norms that are developed and adopted in the process of legal rule-making by government bodies, organizations, and employers - individuals.

According to the form of labor law, one should distinguish between regulatory legal acts; legal acts containing labor law norms; individual acts with elements normative content.

Regulatory legal act always contains a rule of proper behavior (norm) of participants joint work. This norm is designed for repeated application and for an indefinite number of persons who will be subjects of regulated social and labor relations.

A normative legal act is a type of legal act. Legal act, i.e., an act mandatory for execution by the subjects of labor law for whom it is designed can be individual acts - acts of application of labor law norms, agreements of the parties to social and labor relations. Thus, by agreement of the employer and the workforce, a collective agreement can be developed and adopted. Article 40 of the Labor Code of the Russian Federation defines a collective agreement as a legal, and not a normative, legal act regulating social and labor relations in an organization or an individual entrepreneur and concluded by employees and the employer represented by their representatives. Such a legal act may contain labor law norms, for example, forms, remuneration systems in the organization; benefits and compensation and other norms established by agreement of the parties (Article 41 of the Labor Code of the Russian Federation).

Individual legal acts with elements of normative content, i.e. acts of application of labor law norms, also in some cases include labor law norms. In accordance with Art. 9 of the Labor Code of the Russian Federation, labor relations can be regulated by concluding, amending, or supplementing employment contracts. IN employment contract an employee, by agreement with the employer, can, for example, provide special treatment their working hours, different from those established in the organization for this category of employees, special conditions wages.

Types of regulatory legal acts

Social and labor relations are regulated by a number of normative legal acts. In legal theory there are certain types regulatory legal acts. The criteria for such a division are also known: the content of the normative legal act; procedure for its adoption; the body adopting such an act; the circle of persons to whom it applies, etc.

In Art. 5 TC R(1) defines the following types of regulatory legal acts, regulating social and labor relations:

labor legislation (including legislation on labor protection), consisting of the Labor Code of the Russian Federation, other federal laws and laws of constituent entities of the Russian Federation containing norms;

• other regulatory legal acts containing labor law norms;
• decrees of the President of the Russian Federation;
• decrees of the Government of the Russian Federation and regulatory legal acts of federal executive authorities;
• regulatory legal acts of executive authorities of constituent entities of the Russian Federation;
• regulatory legal acts of local government bodies.

This classification is based on the body that adopts the regulatory legal act on labor. For the same reason, the legislator identifies local regulatory legal acts (Article 8 of the Labor Code of the Russian Federation). Hardly justified this type normative legal acts containing labor law norms shall be excluded from the list of normative legal acts enshrined in Art. 5 Labor Code of the Russian Federation. Local regulatory legal acts containing labor law norms are developed and adopted by the employer, with the exception of employers - individuals who are not individual entrepreneurs, independently (documents technological process), taking into account the opinion of the representative body of workers, jointly or in agreement with it (Parts 2, 3, Article 8 of the Labor Code of the Russian Federation).

Labor law norms of any type of regulatory legal acts must not contradict the Labor Code of the Russian Federation, the Constitution of the Russian Federation, international legal acts adopted by the ILO, the United Nations, the Council of Europe, the Russian Federation under agreement with the CIS countries and far abroad(international treaties, agreements). Part 5 of Art. 15 of the Constitution of the Russian Federation establishes that generally accepted principles international law and international treaties of the Russian Federation are part of its legal system. In the event that an international treaty of the Russian Federation provides for rights other than provided by law, the rules of the international treaty apply. This provision is duplicated in Art. 10 Labor Code of the Russian Federation.

The above system of normative legal acts is characterized by appropriate subordination, a ban on worsening the position of workers by acts of lower state authorities and management. Thus, all Russian regulatory legal acts containing labor law norms cannot contradict the Labor Code of the Russian Federation. At the same time, it is allowed at any level of rule-making activity to improve legal status workers, starting from local acts and ending with federal laws. IN necessary cases The Labor Code of the Russian Federation may introduce appropriate changes that have already been enshrined in other regulatory legal acts and developed by judicial practice.

The Labor Code of the Russian Federation was adopted by the State Duma on December 21, 2001, approved by the Federation Council on December 26, 2001 and signed by the President of the Russian Federation on December 30, 2001, and published in Rossiyskaya Gazeta on December 31, 2001.

Changes and additions have been made to the Labor Code of the Russian Federation since July 25, 2002. Its almost completely new edition was adopted by Federal Law No. 90-FZ of June 30, 2006 “On amendments to the Labor Code of the Russian Federation, recognition as not valid on the territory of the Russian Federation”. Federation of some normative legal acts of the USSR and some legislative acts (provisions of legislative acts) of the Russian Federation that have lost force.”

The ineffectiveness of the 2001 Labor Code of the Russian Federation cannot be explained by reference to the rapidly changing socio-economic situation in the country. Its analysis shows that there were no special unexpected events for the legislator that would have prompted changes to almost 3/4 of the articles of the Labor Code of the Russian Federation in such a short period.

Analysis of the development and adoption of the Labor Code of the Russian Federation allows us to draw a number of conclusions that are typical for any type of rule-making in the field of social and labor relations.

Firstly, before the adoption of a normative legal act, and especially a law, a sociological approach to the study of goals, objectives, practical significance adoption of such a normative legal act. Using the capabilities of labor legal sociology, hermeneutics and the logic of labor law is an important condition for the effectiveness of the rule-making body.

Secondly, at present it is impossible to talk about the development and adoption of normative legal acts in the sphere of labor without turning to a detailed study of already established systems of local normative legal acts and the practice of their application in individual organizations.

Thirdly, in the process of rulemaking, the practice of law enforcement agencies and courts should be examined. The adoption of the mentioned Law was largely due to the position of the Supreme Court of the Russian Federation, which was subsequently reflected in a number of decisions of the Plenum of the Supreme Court of the Russian Federation, including Resolution No. 2 of March 17, 2004 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation.”

Labor Code of the Russian Federation

Labor Code of the Russian Federation- codified legislative act(Federal Law No. 197-FZ of December 30, 2001) on labor.

The Code defines labor relations between employees and employers.

Labor legislation in the Russian Federation was created with the aim of establishing state guarantees labor rights and freedoms, creation favorable conditions labor and protection of the rights and interests of workers and employers (Article 1 of the Labor Code of the Russian Federation).

The main objectives of labor legislation:

• creation of necessary legal conditions to achieve coordination of interests of the parties to labor relations;
• legal regulation of labor relations;
• regulation of relations related to the organization of labor, employment, professional training and retraining and advanced training of workers;
• supervision and control over compliance with labor laws;
• permission labor disputes;

Sections of the Labor Code of the Russian Federation

• Section I. General provisions
• Section II. Social partnership in the sphere of labor
• Section III.
• Section IV.
• Section V. Rest time
• Section VI. Payment and labor standards
• Section VII. Guarantees and compensation
• Section VIII. Labor schedule,
• Section IX. Professional training, retraining and advanced training of workers
• Section X. Labor protection
• Section XI. Material liability of the parties to the employment contract
• Section XII. Features of labor regulation individual categories workers
• Section XIII. Protection of labor rights and freedoms. Consideration and resolution of labor disputes. Responsibility for violation of labor legislation and other acts containing labor law norms
• Section XIV. Final provisions

The role of judicial practice in the settlement of social and labor relations

Judicial practice in regulating social and labor relations performs the following functions.

Firstly, its generalization at the level of the Supreme Court of the Russian Federation, as noted above, helps to improve the current labor legislation. In the process of applying labor law norms, courts identify their shortcomings, which affect the results of law enforcement. In a number of cases, in the process of applying labor law norms, courts identify its gaps, incompleteness, ambiguity, synonymy, and conflicts of individual norms.

Secondly, decisions of the Plenum of the Supreme Court of the Russian Federation are binding on the judicial authorities. Their decisions cannot contradict the requirements of the Supreme Court of the Russian Federation; otherwise, they will be overturned by higher courts.

Thirdly, any law enforcer, including an employer, understands that in the event of a labor dispute and its resolution in judicial procedure the opinion of the Supreme Court of the Russian Federation will be taken into account. Although for him the requirements of the Supreme Court do not have legal force, i.e., they are not rules of law; they indirectly determine the behavior of the employer in resolving a labor dispute that has arisen between him and an employee.

The Labor Code of the Russian Federation does not include acts of judicial authorities on the application of labor legislation in the system of regulatory legal acts containing labor law norms. The Russian Federation does not recognize the precedent that is typical for systems common law UK and USA.

Decrees play a slightly different role Constitutional Court RF. If the Constitutional Court recognizes a norm as contrary to the Constitution of the Russian Federation, it loses its legal force. Rule-making body is obliged, on the basis of a decision of the Constitutional Court of the Russian Federation, to make appropriate changes to labor legislation, including the Labor Code of the Russian Federation. However, this does not give sufficient grounds to recognize the decisions of the Constitutional Court as a precedent. According to the law of judicial precedent, each court is obliged to follow the decision of a higher court. In England appellate courts(except the House of Lords) are bound by their previous decisions. In the Anglo-Saxon legal system, the principles of common law (case law) are considered to be legally binding norms of labor law.

In the Russian Federation, decisions of the Constitutional Court of the Russian Federation are not the norms on the basis of which law enforcement activities in the field of labor relations are carried out.

Features of regulatory legal acts containing labor law norms

Regulatory legal acts regulating social and labor relations have their own specifics.

Firstly, trade unions participate in the development, adoption and application of labor regulations.

Thus, according to the Labor Code of the Russian Federation, regulatory legal acts containing labor law norms are adopted by associations of employers and trade unions jointly (Article 45), the employer and labor collective represented by their representatives (Article 40), by the employer, taking into account the opinion of the elected representative body of the labor collective (Part 2, Article 8), by the employer in agreement with the trade union body (“ representative body workers" - Part 3 of Art. 8).

In some organizations it is possible (if this is established) collective agreement) joint adoption of normative legal acts by the employer and the workforce, its elected representative body - the trade union committee.

Secondly, labor law has always been characterized by the adoption of regulatory legal acts by state specialized functional organ department dealing with labor issues and wages. Such a body was called differently at different stages of the development of the state: People's Commissariat of Labor of the USSR, People's Commissariats of Labor of the Union Republics, State Committee on labor and wages issues. Ministry of Labor and Employment of the Russian Federation, Ministry of Labor and Social Development of the Russian Federation. Currently, the functions of this body have been somewhat expanded. It adopts regulatory legal acts not only in the field of labor and wages, but also in the field of healthcare and social security citizens. In literature and at meetings State Duma The Russian Federation is discussing the need to create a Ministry of Labor of the Russian Federation - a body that would deal with rule-making exclusively in the field of labor. Every month the Ministry of Health and Social Development of the Russian Federation publishes a special magazine - “Bulletin of Labor and social legislation Russian Federation", which publishes the normative legal acts adopted by it containing labor law norms.

Thirdly, a significant place among labor legislation is occupied by local regulatory legal acts, which are adopted and operate in individual organizations. Among them special place are occupied by technical process documents.

Fourthly, regulatory legal acts containing labor law norms are distinguished as general and special, i.e., extending their effect to all workers or certain categories of them (women; minor workers; disabled people; persons working in certain sectors of the economy (railway, road transport and so on.)).

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