Application of measures to suppress violations of fire safety requirements. And disaster relief (Ministry of Emergency Situations of Russia) collection of sample programs

For violation of fire safety requirements, the legislation of the Russian Federation provides for various types of liability. In relation to those guilty of violating fire safety requirements, depending on the consequences, the following types of punishments:

• 1. Disciplinary action;
• 2. Administrative punishment;
• 3. Criminal punishment.

I. Disciplinary action

Disciplinary the penalty for violation of the relevant fire safety requirements is imposed on the employee (official) by the employer, who was responsible for complying with these requirements in accordance with the concluded employment contract on the basis of Article 192 of the Labor Code of the Russian Federation. The employer has the right to apply the following types of disciplinary sanctions:

• § remark;
• § reprimand;
• § dismissal for appropriate reasons.

II. Administrative punishment

Administrative the punishment is applied in accordance with the Code of the Russian Federation on Administrative Offenses (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation) dated December 30, 2010. No. 195-FZ.

An administrative offense is an unlawful, guilty action (inaction) of an individual or legal entity for which administrative liability is established by this Code or the laws of the constituent entities of the Russian Federation on administrative offenses.

An official is subject to administrative liability if he commits an administrative offense in connection with failure to perform or improper performance of his official duties.

Bodies exercising state fire supervision consider cases of administrative offenses provided for in Articles 8.32, 11.16, 20.4 of the Code of Administrative Offenses of the Russian Federation.

The following persons have the right to consider cases of administrative offenses and impose administrative penalties on behalf of the bodies specified in Part 1 of this article:

• 1. chief state inspector of the Russian Federation for fire supervision, his deputies;
• 2. chief state inspectors of the constituent entities of the Russian Federation for fire supervision, their deputies;
• 3. chief state inspectors of cities (districts) of the constituent entities of the Russian Federation for fire supervision, their deputies;
• 1. chief state inspectors of special and military units of the federal fire service for fire supervision, their deputies; (clause 3.1 as amended by Federal Law dated July 19, 2009 N 198-FZ)
• 4. state inspectors of the Russian Federation for fire supervision;
• 5. state inspectors of the constituent entities of the Russian Federation for fire supervision;
• 6. state inspectors of cities (districts) of constituent entities of the Russian Federation for fire supervision;
• 7. state inspectors of special and military units of the federal fire service for fire supervision. (Clause 7 as amended by Federal Law dated July 19, 2009 N 198-FZ)
• 3. The officials specified in paragraphs 5 - 7 of part 2 of this article have the right to consider cases of administrative offenses committed by citizens and officials.
  (as amended by Federal Law dated July 3, 2006 N 97-FZ)

For committing administrative offenses the following administrative penalties may be established and applied:

• § warning;
• § administrative penalty;
• § paid seizure of the instrument or subject of an administrative offense;
• § confiscation of the instrument or subject of an administrative offense;
• § deprivation of a special right granted to an individual;
• § administrative arrest;
• § administrative expulsion from the Russian Federation of a foreign citizen or stateless person;
• § disqualification;
• § administrative suspension of activities. (Clause 9 introduced by Federal Law dated 05/09/2005 N 45-FZ)

Administrative penalties listed in paragraphs 1 - 4, 9 of Part 1 of the Code of Administrative Offenses of the Russian Federation may be applied to a legal entity.

The administrative penalties listed in paragraphs 3 - 9 of part 1 of this article are established only by the Code of Administrative Offenses of the Russian Federation.

Officials of bodies exercising state fire supervision - about administrative offenses provided for in Part 1 of Article 14.34, Part 1 of Article 19.4, Part 1 of Article 19.5, Articles 19.6, 19.7, Article 19.13 (in terms of knowingly making a false call to the fire department), Parts 1 and 2 articles 19.19 of the Code of Administrative Offenses of the Russian Federation, namely:

• 1. violation of fire safety requirements, with the exception of cases provided for in Articles 8.32, 11.16 of the Code of Administrative Offenses of the Russian Federation, (as amended by Federal Law No. 247-FZ of November 9, 2009) entails a warning or the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles ; for officials - from one thousand to two thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from one thousand to two thousand rubles or administrative suspension of activities for a period of up to ninety days; for legal entities - from ten thousand to twenty thousand rubles or administrative suspension of activities for a period of up to ninety days. (as amended by Federal Laws dated 05/09/2005 N 45-FZ, dated 06/22/2007 N 116-FZ)
• 2. The same actions committed under the conditions of a special fire safety regime shall entail the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred rubles; for officials - from two thousand to three thousand rubles; for legal entities - from twenty thousand to thirty thousand rubles. (as amended by Federal Law dated June 22, 2007 N 116-FZ)
• 3. Violation of fire safety requirements that resulted in a fire without causing serious harm to human health (as amended by Federal Laws dated 03.03.2008 N 21-FZ, dated 09.11.2009 N 247-FZ) entails the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand rubles; for officials - from three thousand to four thousand rubles; for legal entities - from thirty thousand to forty thousand rubles. (as amended by Federal Law dated June 22, 2007 N 116-FZ)
• 4. Issuing a certificate of conformity for products without a fire safety certificate in the event that a fire safety certificate is required shall entail the imposition of an administrative fine on officials in the amount of three thousand to four thousand rubles; for legal entities from thirty thousand to forty thousand rubles. (as amended by Federal Law dated June 22, 2007 N 116-FZ)
• 5. Sale of products or provision of services subject to mandatory certification in the field of fire safety, without a certificate of conformity - entails the imposition of an administrative fine on officials in the amount of one thousand to two thousand rubles; for legal entities - from ten thousand to twenty thousand rubles. (as amended by Federal Law dated June 22, 2007 N 116-FZ)
• 6. Unauthorized blocking of passages to buildings and structures installed for fire engines and equipment shall entail the imposition of an administrative fine on citizens in the amount of three hundred to five hundred rubles; for officials - from five hundred to one thousand rubles; for legal entities - from five thousand to ten thousand rubles. (as amended by Federal Law dated June 22, 2007 N 116-FZ)
• 7. development and approval of a scheme for the placement of retail places on the retail market without coordination with the bodies authorized to exercise control over fire safety, the protection of public order, as well as with control and supervision bodies in the field of ensuring the sanitary and epidemiological welfare of the population or bodies for supervision in the field of protection of consumer rights and human well-being - entail the imposition of an administrative fine on officials in the amount of twenty-five thousand to fifty thousand rubles; for legal entities - from two hundred fifty thousand to five hundred thousand rubles.
• 8. disobedience to a lawful order or requirement of an official of a body exercising state supervision (control), as well as obstruction of this official from carrying out official duties - entails a warning or the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles; for officials - from one thousand to two thousand rubles.
• 9. failure to comply within the prescribed period with a legal order (resolution, presentation, decision) of the body (official) exercising state supervision (control) to eliminate violations of the law - (as amended by Federal Law No. 114-FZ of August 20, 2004) entails imposition of an administrative fine on citizens in the amount of three hundred to five hundred rubles; for officials - from one thousand to two thousand rubles or disqualification for up to three years; for legal entities - from ten thousand to twenty thousand rubles.
• 10. knowingly making a false call to the fire department, police, ambulance or other specialized services shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.
• 11. violation of the requirements of technical regulations, mandatory requirements of state standards, except for the cases provided for in Articles 6.14, 8.23, 9.4, Part 1 of Article 12.2, Part 2 of Article 13.4, Article 13.8, Part 1 of Article 14.4, Article 20.4 of this Code, when implementing ( supply, sale), use (operation), storage, transportation or disposal of products, as well as evasion of presentation of products, documents or information necessary for the implementation of state control and supervision - (as amended by Federal Law of December 28, 2009 N 380 -FZ) entails the imposition of an administrative fine on officials in the amount of four thousand to five thousand rubles with confiscation of the items of the administrative offense; for legal entities - from forty thousand to fifty thousand rubles with confiscation of the items of the administrative offense. (as amended by Federal Law dated June 22, 2007 N 116-FZ)
• 12. violation of the rules of mandatory certification, except for the cases provided for in Article 13.6, parts 2 and 4 of Article 13.12, part 2 of Article 14.4, part 2 of Article 14.16, Articles 20.4, 20.14 of this Code, that is, the sale of certified products that do not meet the requirements of regulatory documents , for which it is certified, or the sale of certified products without a certificate of conformity (declaration of conformity), or without a mark of conformity, or without indicating in the accompanying technical documentation information about certification or regulatory documents that the specified product must comply with, or failure to provide this information to the consumer (buyer, customer), as well as the presentation of unreliable test results of products or the unjustified issuance of a certificate of conformity (declaration of conformity) for products subject to mandatory certification - shall entail the imposition of an administrative fine on officials in the amount of one thousand to two thousand rubles with confiscation of items of an administrative offense; for legal entities - from twenty thousand to thirty thousand rubles with confiscation of the items of the administrative offense.
• 13. violation of fire safety rules in forests - entails the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred rubles; for officials - from two thousand to three thousand rubles; for legal entities - from twenty thousand to thirty thousand rubles.
• 14. violation of fire safety requirements on railway, sea, inland water or air transport (as amended by Federal Law dated 09.11.2009 N 247-FZ), Violation of fire safety requirements established on railway, sea, inland water or air transport (as amended Federal Law of November 9, 2009 N 247-FZ) - entails the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles; for officials - from one thousand to two thousand rubles.

III. Criminal penalty

Criminal Punishment for violation of fire safety requirements is carried out by articles of the Criminal Code of the Russian Federation:

Article 167. Intentional destruction or damage to property

• 1. Deliberate destruction or damage to someone else's property, if these acts entailed the infliction of significant damage, is punishable by a fine in the amount of up to forty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three months, or by compulsory labor for a term of one hundred to one hundred eighty hours, or correctional labor for a term of up to one year, or arrest for a term of up to three months, or imprisonment for a term of up to two years. (as amended by Federal Law dated December 8, 2003 N 162-FZ)
• 2. The same acts committed out of hooligan motives, by arson, explosion or other generally dangerous method, or which through negligence resulted in the death of a person or other grave consequences - (as amended by Federal Law of December 8, 2003 N 162-FZ) are punishable by imprisonment for a period of up to five years.

Article 219. Violation of fire safety requirements (as amended by Federal Law dated November 9, 2009 N 247-FZ)

• 1. Violation of fire safety requirements, committed by a person who had a duty to comply with them, if this resulted, through negligence, in causing serious harm to human health - (as amended by Federal Laws of December 8, 2003 N 162-FZ, dated November 9, 2009 N 247-FZ)
  shall be punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by restriction of liberty for a term of up to three years, or by imprisonment for the same term with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without it. (as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated December 27, 2009 N 377-FZ)
• 2. The same act, which through negligence resulted in the death of a person - (as amended by Federal Law No. 162-FZ of December 8, 2003) is punishable by imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it. (as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated December 27, 2009 N 377-FZ)
• 3. An act provided for in the first part of this article, resulting through negligence in the death of two or more persons, is punishable by imprisonment for a term of up to seven years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years. (Part three introduced by Federal Law dated December 8, 2003 N 162-FZ)

Article 261. Destruction or damage to forest plantations (as amended by Federal Law No. 201-FZ of December 4, 2006)

• 1. Destruction or damage to forest plantations and other plantings as a result of careless handling of fire or other sources of increased danger - (as amended by Federal Law No. 201-FZ of December 4, 2006) is punishable by a fine of up to two hundred thousand rubles or in the amount of wages wages or other income of the convicted person for a period of up to eighteen months, or correctional labor for a term of up to two years, or imprisonment for a term of up to two years. (as amended by Federal Law dated December 8, 2003 N 162-FZ)
• 2. Destruction or damage to forest plantations and other plantings by arson, other generally dangerous means or as a result of pollution or other negative impact - (as amended by Federal Law of December 4, 2006 N 201-FZ) is punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles or in the amount of wages or other income of the convicted person for a period from one to two years, or by imprisonment for a term of up to seven years with a fine in the amount of ten thousand to one hundred thousand rubles or in the amount of wages or other income of the convicted person for a period from one month to one year or without it. (as amended by Federal Law dated December 8, 2003 N 162-FZ)

coding technical fire regulations

Fire is a terrible and uncontrollable element. The consequences of its spread are disastrous. And it’s good if the fire affected only material assets. But, as statistics show, more and more people die in fires from year to year. There are a huge number of causes of fires. These include spontaneous natural forces, disasters, and impacts of a domestic or industrial nature. But increasingly, one caveat appears in the statistics - violation of fire safety rules.

Why does this happen, because everyone understands that it is compliance with the rules of industrial safety that makes it possible to minimize losses. Moreover, they are legalized by state acts, violating which means incurring responsibility. This applies to all people, but especially to those who have the responsibility to implement these rules.

The requirements of fire safety rules apply to all objects without exception. But there is a special attitude towards those production enterprises where flammable materials are used as raw materials or semi-finished products. That is, those materials that can burn, spontaneously ignite, support combustion and spread fire.

But you should not underestimate the degree of impact of fires in offices and residential premises, where injuries are no less than in a fire at work. By the way, receiving burns is regarded as receiving serious bodily injury. And for this the culprit must be punished. True, all this is not so easy to prove.

It is clear when the fire occurred due to arson. Lawyers say the fire was started intentionally. That is, here he is an arsonist (violator), he is also a criminal, the culprit is obvious, all that remains is to condemn him. It is more difficult when the fire occurred due to external or internal unfavorable factors. It is almost impossible to prove someone's guilt here.

Concepts about legal characteristics

Let's start with the fact that responsibility for violation of fire safety requirements of a facility always lies primarily with the owner or manager. And it doesn’t matter that the order appoints the person responsible for industrial safety. The latter, although responsible, is only a performer.

Now what is considered a violation. This is non-compliance:

• legislative acts on fire safety;
• regulatory documents;
• instructions issued by representatives of the State Fire Inspectorate;
• unsatisfactory condition of the facility in terms of fire safety;
• lack of staffing of an enterprise, company or organization with fire extinguishing equipment.

As practice has shown, it is useless to convince employees and workers that it is necessary to comply with industrial safety rules. Everyone knows, but few do. Therefore, the fear factor must be present. Disciplinary sanctions, as a minimum punishment, must be present. And their severity will be determined by the severity of the violation, its frequency or repetition. Here you can add the severity of the consequences. For example, people were injured or only property was burned. The difference is significant, hence the severity of the punishment will be different.

Let us add that supervision of compliance with fire safety rules is a mandatory component. Without it, it is impossible to guarantee that even responsible employees will perform their duties efficiently. And although the rules do not contain complex responsibilities, most treat them with lukewarmness. In addition, you cannot talk about the quality of any actions if employees do not know the rules. Therefore, it is very important to inform the facility personnel, and even more so those responsible for fire safety, about innovations, the emergence of new fire extinguishing means, and so on. That is, it turns out that the establishment of new aspects and requirements of fire safety is a change in the legislative framework. Ignorance of innovations leads to violation of the law.

Classification of crimes

What determines violations of fire safety requirements. There are two positions here - complete inaction, that is, failure to comply with fire safety rules, and actions that could lead to a fire. Regarding the second point, we can say this - the actions could have provoked a fire and failed to ensure its elimination or localization (complete or partial).

Who can make a claim in case of violation of the rules of industrial safety? Let us immediately make a reservation that only people over 16 years of age fall under this. For the rest it could be:

• property owners;
• the manager of the facility who has the authority to own or dispose of property and real estate;
• head of local self-government structures;
• head of federal executive authorities;
• an employee responsible for fire safety of an enterprise or organization, appointed by order of the manager;
• any official whose duties include control and responsibility for the fire safety regime at the facility.

It should be noted that liability for violations of the PPB is characterized by different elements of the crime. For example, if the supervisory authority has established a fact of non-compliance with fire safety rules, then an administrative penalty is applied. If supervision requires the identification of a causal relationship, then the action is characterized as a criminal offense.

Types of violations

Fire safety violations are classified according to various parameters. Let's list them.

According to requirements

What requirements may be violated:

1. Awareness of facility personnel about industrial safety rules and, accordingly, failure to provide training.
2. Failure to comply with premises and territory regulations. Basically, organizational and operational characteristics are taken into account here.
3. Requirements for the completeness of fire extinguishing and alarm equipment. This includes both primary means and technical ones.
4. Safely carry out operations involving open fire or heating of materials.
5. Fulfillment of orders issued by supervisory authorities.

According to the severity of the consequences

Violations, depending on the severity of the consequences, are divided into:

1. Administrative. This is when the fact of a violation is present, but there are no consequences. Or when the damage caused is less than the harm caused to human health.
2. Criminal. Everything is clear here: the facts of death of people or significant harm to their health have been established.

Regulation of liability according to regulations

Responsible persons are held accountable for violation of fire safety rules under the following articles:

• No. 69-FZ “On Fire Safety”. This indicates the declaration of workers responsible for industrial safety, as well as industrial safety standards.
• Code of Administrative Offenses of the Russian Federation, article 20.4, which describes administrative responsibility.
• Code of Administrative Offenses of the Russian Federation, Article 19.5, which outlines responsibility for failure to comply with the instructions of State employees.
• Article 219 of the Criminal Code of the Russian Federation - designated criminal.

Penalties for breaking the rules

If violations of the rules are detected, representatives of the inspection body do not immediately impose penalties. The inspector of the supervisory authority issues an order that clearly defines the violations, as well as how to correct them. A certain period is given to correct these violations, but not more than 1 year.

If a re-inspection reveals at least one violation of the order, that is, legal requirements are ignored, then a fine is imposed on the non-performer. Today, they often go to court to suspend the activities of the facility. And, as practice shows, this is the most effective measure that gives an impetus (kick) to facility managers to correct all violations and shortcomings.

Let us note that ignoring the requirements of the PPB is an opportunity to impose two types of liability at once: criminal and administrative. The first is charged to persons responsible for the safety of the facility, the second for legal entities in whose premises or territory a fire occurred. In the latter case, attention is focused on the fact that the consequences took into account severe damage to people's health.

Administrative responsibility

There are two types of punishment here: a warning or a fine. In the latter case, the amount of penalties is as follows:

• 1000-5000 rub. for citizens;
• 6000-50000 rub. for individual entrepreneurs and persons responsible for industrial security;
• 15000-1000000 rub. for a legal entity.

If there is a failure to comply with the terms of the order issued by the State Fire Inspectorate inspector:

• 1500-5000 rub. for citizens;
• 3000-20000 rub. for individual entrepreneurs and those responsible for industrial security;
• 70,000-200,000 rub. for enterprises.

One more point regarding administrative responsibility. He is classified as a facility manager. There is a practice when directors of enterprises were removed from their positions for up to 3 years. This happens in court. It does not take into account whether there were violations of the legislative framework or the inspector’s instructions.

Criminal

Article 219 of the Criminal Code clearly outlines penalties depending on the degree of damage caused to human health. For example, in case of serious harm:

• a fine of no more than 80,000 rubles or partial income for six months;
• imprisonment for up to 3 years;
• forced labor for up to 3 years and the impossibility of holding leadership positions during this period.

If people died in a fire, then the preventive measures are tightened. The court does not impose a fine in such situations. Only: either forced labor for up to 5 years (with mitigation for up to 3 years) or imprisonment for up to 7 years. If more than two people died during a fire, then you cannot count on a reduced sentence.

How to Avoid Responsibility

It’s simple here - follow the requirements of fire safety rules. Therefore, at the facilities, the employee responsible for the implementation of fire safety regulations is first appointed. He undergoes training to become familiar with the legislative framework, creates a fire prevention plan and requires management to strictly implement it.

At the same time, he monitors the implementation of the points of the developed plan, keeps records and monitors the technical condition of the alarm system, primary fire extinguishing means, evacuation routes and the technical condition of the facility as a whole. This is a one hundred percent technically competent employee, responsible and sociable.

His main task is to teach the facility staff the rules of industrial safety. And then demand that employees strictly follow these rules. This is how, and no other way, the fire situation at the enterprise is guaranteed.

Regulatory legal regulation in the field of fire safety is the adoption by public authorities of regulatory legal acts aimed at regulating public relations related to ensuring fire safety.

The regulatory legal acts of the Russian Federation on fire safety include federal laws on technical regulations, federal laws and other regulatory legal acts of the Russian Federation that establish mandatory fire safety requirements.

Regulatory documents on fire safety include national standards, codes of practice containing fire safety requirements (norms and regulations).

Activities to ensure fire safety, organization and implementation of the federal state fire safety regulations are determined by the Constitution of the Russian Federation, international treaties of the Russian Federation, federal constitutional laws, federal laws, decrees and orders of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation, regulatory legal acts of the Ministry of Emergency Situations of Russia.

The general legal, economic and social basis for ensuring fire safety in the Russian Federation is determined by the Federal Law of December 21, 1994 No. 69-FZ “On Fire Safety”, which regulates relations in this area between government bodies, local governments, institutions, organizations , peasant (farm) households, other legal entities, regardless of their organizational and legal forms and forms of ownership (hereinafter - organizations), as well as between public associations, individual entrepreneurs, officials, citizens of the Russian Federation, foreign citizens, stateless persons (hereinafter - citizens).

Ensuring fire safety is one of the most important functions of the state.

In order to ensure fire safety, a fire safety system has been created in the Russian Federation, which is understood as a set of forces and means, as well as legal, organizational, economic, social and scientific-technical measures aimed at fighting fires (Article 3,).

The main elements of the fire safety system are government bodies, local government bodies, organizations, citizens taking part in ensuring fire safety in accordance with the legislation of the Russian Federation.

Regulatory legal regulation and implementation of state measures in the field of fire safety, as well as the implementation of the federal state fire safety and other control functions to ensure fire safety are among the main functions of the fire safety system.

Technical regulation in the field of fire safety is carried out in the manner established by the Federal Law of December 27, 2002 No. 184-FZ “On Technical Regulation” and the Federal Law of July 22, 2008 No. 123-FZ “Technical Regulations on Fire Safety Requirements”.

The legal basis for technical regulation in the field of fire safety is the Constitution of the Russian Federation, generally recognized principles and norms of international law, international treaties of the Russian Federation, the Federal Law “On Technical Regulation”, the Federal Law “On Fire Safety” and the Federal Law “Technical Regulations on Fire Safety Requirements” ", in accordance with which regulatory legal acts of the Russian Federation are developed and adopted regulating the issues of ensuring fire safety of protection objects (products).

Object of protection– products, including property of citizens or legal entities, state or municipal property (including objects located in the territories of settlements, as well as buildings, structures, structures, vehicles, technological installations, equipment, units, products and other property), to which fire safety requirements are established or should be established to prevent fire and protect people in case of fire.

Each protection facility must have a fire safety system, the purpose of which is to prevent fire, ensure the safety of people and protect property in case of fire.

The fire safety system of the protected object includes fire prevention system , fire protection system , a set of organizational and technical measures to ensure fire safety .

The fire safety system of the protected object must necessarily contain a set of measures that exclude the possibility of exceeding the permissible fire risk values ​​established by the Technical Regulations on Fire Safety Requirements and aimed at preventing the danger of harm to third parties as a result of a fire.

The technical regulations establish the conditions for compliance of the protected object with fire safety requirements. The fire safety of the protected object is considered ensured if:

1) the mandatory fire safety requirements established by federal laws on technical regulations have been fully met;

2) the fire risk does not exceed the permissible values ​​established by the Technical Regulations on fire safety requirements.

Fire safety of protected objects for which fire safety requirements are not established by federal laws on technical regulations is considered ensured if the fire risk does not exceed the relevant permissible values ​​​​established by the Technical Regulations on fire safety requirements.

When complying with mandatory fire safety requirements established by federal laws on technical regulations and the requirements of regulatory documents on fire safety, fire risk calculation is not required.

A special place in the legal framework for the organization and implementation of state control (supervision) is occupied by the Federal Law of December 26, 2008 No. 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control.”

One of the main functions of the fire safety system, according to Art. 3 is the implementation of federal state fire supervision and other control functions to ensure fire safety.

Federal State Fire Supervision is carried out on the basis of Decree of the Government of the Russian Federation dated April 12, 2012 No. 290 “On Federal State Fire Supervision,” which approved the Regulations on Federal State Fire Supervision.”

violations of fire safety requirements.

Responsibility for violation of fire safety requirements. Measures to suppress violations of fire safety requirements and the regulatory legal basis for their application. Administrative liability of legal entities and individuals for violations of fire safety requirements. Types of administrative offenses and administrative penalties for violations of fire safety requirements. The rights and powers of state fire inspectors to apply measures to suppress violations of fire safety requirements.

The procedure for proceedings in cases of administrative offenses in the Execution of decisions in cases of administrative offenses. Conducting paperwork in cases of administrative offenses. Control over proceedings in cases of administrative offenses in the field of fire safety. Suspension of full or partial operation of enterprises (individual productions), production sites, units, operation of buildings, structures, premises, and carrying out certain types of work. Types, procedure and rules for processing documents. The procedure for bringing an order to suspend the operation of an object of control (supervision) into execution. Monitoring the elimination of violations of fire safety requirements. The procedure for permitting further operation of the control (supervision) object. The procedure for discontinuing production, terminating production and suspending the sale of goods (work, services) that do not meet fire safety requirements.
Topic 3.3.5. Licensing of activities in the field of fire safety.

Regulatory legal regulation of licensing activities in the field of fire safety. Types of activities in the field of fire safety that are subject to licensing and their composition. Basic licensing requirements and conditions that a license applicant must meet. Specialized requirements for a license applicant regarding the types of activities in the field of fire safety.

Participants in licensing in the field of fire safety. Functions of the federal licensing body and independent expert organizations for licensing in the field of fire safety. Centers for ensuring licensed activities in the field of fire safety: purpose, functions, procedure for creation and accreditation.

The procedure for organizing work to assess the ability of license applicants to carry out the declared types of activities in the field of fire safety. List of required documents submitted by the license applicant and their registration. Responsibilities of the expert organization when accepting and reviewing documents received from the license applicant. Conducting an assessment of the ability of license applicants to carry out the declared types of activities in the field of fire safety.

The procedure for preparing draft decisions of the licensing authority on granting (refusing to grant) licenses and bringing decisions to the attention of license applicants. Grounds for refusal to grant a license. Providing documents confirming the availability of a license. Re-issuance of documents confirming the availability of licenses. The procedure for paying a license fee for reviewing documents, issuing licenses and re-issuing documents confirming the availability of licenses. Organization of maintaining a register of licenses.

Organizing control over licensees’ compliance with licensing requirements and conditions. The procedure for preparing, conducting and documenting the results of inspections of licensees. Decisions made based on the results of the licensee inspection. The procedure for issuing a warning to a licensee, suspending or renewing a license, and sending an application for cancellation of a license to the court. Resolution of disputes between the licensing authority and the licensee about the licensee of the licensing authority with the tax authorities on licensing of activities in the field of fire safety.
Topic 3.3.6. Confirmation of compliance of products and services in the field of fire safety.

Basic concepts, goals and principles of conformity assessment. Forms for confirming the conformity of products and services in the field of fire safety on the territory of the Russian Federation. Voluntary and mandatory confirmation of conformity, adoption of a declaration of conformity. Marks of conformity. Market circulation sign.

Assessment of compliance of protected objects (products) with fire safety requirements. Forms for assessing the conformity of objects. Schemes for confirming product compliance with fire safety requirements. Procedure for certification. (provisions of the “Technical Regulations on Fire Safety Requirements” FZ-123 dated July 22, 2008)

Rights and obligations of the applicant in the field of mandatory confirmation of compliance. Conditions for the import into the territory of the Russian Federation of products subject to mandatory confirmation of conformity. Recognition of the results of conformity assessment.

State control and supervision of compliance with the requirements of technical regulations. Objects of state control (supervision). Powers, rights and obligations of state control (supervision) bodies and responsibilities of their officials. Information about violations of technical regulations and product recalls.

Topic 3.3.7. State statistics and reporting on fires and their consequences.

Organization of a unified state system of statistical recording of fires and their consequences. Official and departmental records of fires and their consequences. The procedure for recording fires. The procedure for recording and determining material damage from fires. The procedure for recording people affected by fires. Documents drawn up to record fires and their consequences, requirements for their execution. Monitoring the accounting of fires and their consequences.

The procedure for maintaining state statistical reporting on fires and their consequences. Analysis of fires and their consequences. Development of measures to eliminate the causes and conditions conducive to the occurrence of fires.
Final control in the discipline (questions for testing).

1. 
   Organization and functioning of the Unified State System

prevention and liquidation of emergency situations.

1. 
   Fire safety system: concept, basics

elements and main functions.

1. 
   Types of supervisory activities in the sphere of competence of the Ministry of Emergency Situations of Russia and

the main directions of their implementation.

1. 
   State fire supervision: concept, purpose, main tasks

and areas of activity.

1. 
   The system of organs of the gastrointestinal tract and their functions.
2. 
   Categories of state fire inspectors, their

powers, rights, duties and responsibilities.

1. 
   Organization of activities of state inspectors for

fire supervision in the State Fire Department.

1. 
   Accounting and analysis of activities for the implementation of GPN.
2. 
   Planning the work of government inspectors.
3. 
   The procedure for distributing responsibilities among government officials

fire inspectors.

1. 
   Control over the organization and implementation of the State Budgetary Inspectorate.
2. 
   Powers of state authorities and local authorities

self-government in the field of fire safety.

1. 
   Rights and responsibilities of citizens in the field of fire safety.
2. 
   The main directions of interaction between the State Fire Service bodies and the authorities

state authorities and local governments in the field of fire safety.

1. 
   Rights and obligations of organizations in the field of fire safety.
2. 
   Organizational and technical measures to ensure

fire safety in populated areas and facilities.

1. 
   Responsibility in the field of fire safety.
2. 
   Activities of the facility administration to ensure fire safety

security.

1. 
   Organization of the work of fire-technical commissions.
2. 
   Organization and forms of control activities.
3. 
   Inspections: types, frequency, planning, preparation procedure

and carrying out.

1. 
   The procedure for recording the results of inspections.
2. 
   Monitoring the implementation of activities proposed

GPN regulations.

1. 
   Fire safety offenses and types

administrative penalties.

1. 
   Rights and powers of state fire inspectors

supervision when imposing administrative penalties.

1. 
   The procedure for imposing administrative punishment for violation

fire safety requirements.

1. 
   Rules and procedures for processing administrative documents
2. 
   The procedure for serving a resolution on administrative

offenses in the field of fire safety.

1. 
   The procedure for appealing administrative punishment.
2. 
   Administrative suspension of activities in the region

fire safety.

1. 
   Temporary ban on activities.
2. 
   The procedure for recording fires.
3. 
   Fire registration documents: requirements and procedure for their preparation.
4. 
   The procedure for recording and determining material damage from fires.
5. 
   The procedure for registering victims in fires.
6. 
   Monitoring the accounting of fires and their consequences.
7. 
   The procedure for maintaining state statistical reporting on

fires and their consequences.

1. 
   Goals and purpose of fire prevention propaganda and training in

fire safety area.

1. 
   Types, means, forms and methods of fire prevention

propaganda.

1. 
   Organization and forms of training in the field of fire safety.
2. 
   The place and role of the voluntary fire department in ensuring

fire safety of settlements and enterprises.

1. 
   Interaction between State Fire Department bodies and volunteer firefighters

organizations in the field of fire safety.

1. 
   Analysis of fires and their consequences.
2. 
   The procedure for creating and organizing the activities of fire funds

security.

1. 
   Types of activities in the field of fire safety subject to

licensing.

1. 
   Participants in licensing activities in the field of fire fighting

security, their rights and responsibilities.

1. 
   License requirements and conditions.
2. 
   The procedure for assessing the applicant’s ability to perform

declared activities in the field of fire safety.

1. 
   The procedure for granting a license to operate in the region

fire safety.

1. 
   Monitoring compliance with licensing requirements and conditions.
2. 
   Liability of the licensee for violation of license

requirements and conditions.

1. 
   Basic concepts, goals, principles and forms of confirmation

product compliance on the territory of the Russian Federation.

1. 
   Interaction of the State Fire Service bodies with the services of the internal affairs bodies

and state control (supervision) bodies in the implementation of state gas regulation.

1. 
   Issue an order based on the results of inspection of the control object

(supervision).

1. 
   Draw up a protocol on the temporary prohibition of activities.
2. 
   Draw up a protocol on an administrative offense in

fire safety area.

1. 
   Draw up a resolution on the appointment of an administrative

penalties for violation of fire safety requirements.

1. 
   Draw up a schedule for the implementation of GPN for a month.
2. 
   Fill out the fire registration card.
3. 
   Compile a report on fires and their consequences according to the established

form.

in discipline No. 3 “Organization of the activities of the State Fire Service of the Ministry of Emergency Situations of Russia”

1. 
   Criminal Procedure Code of the Russian Federation. – M.: TK Welby, Prospekt Publishing House, 2004 – 592 p.
2. 
   Criminal Code of the Russian Federation. – M., “ELITE Publishing House”, 2004 – 160 p.
3. 
   Law of the Russian Federation of December 25, 1990 “On enterprises and entrepreneurial activities.”
4. 
   Federal Law of December 21, 1994 No. 69-FZ “On Fire Safety”.
5. 
   Federal Law of August 8, 2001 No. 128-FZ “On licensing of certain types of activities.”
6. 
   Federal Law of February 12, 1998 No. 28-FZ “On Civil Defense”.
7. 
   Federal Law of May 19, 1995 No. 82-FZ “On Public Associations”.
8. 
   Federal Law of December 21, 1994 No. 68-FZ “On the protection of the population and territories from natural and man-made emergencies.”
9. 
   Federal Law of August 22, 2004 No. 122 “On amendments to legislative acts of the Russian Federation in connection with the adoption of Federal Laws “On Amendments and Additions to the Federal Law “On General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation " and "On the general principles of organizing local self-government in the Russian Federation."
10. 
    Federal Law of December 27, 2002 No. 184-FZ “On Technical Regulation”.
11. 
    Federal Law of December 30, 2001 No. 195-FZ “Code of the Russian Federation on Administrative Offenses (as amended by Federal Law of May 9, 2005 No. 45-FZ).
12. 
    Federal Law of August 8, 2001 No. 134-FZ “On the protection of the rights of legal entities and individual entrepreneurs during state control (supervision).”
13. 
    Federal Law of July 22, 2008 No. 123-FZ “Technical regulations on fire safety requirements”
14. 
    Law of the Russian Federation of February 7, 1992 No. 2300-1 “On the protection of consumer rights.”
15. 
    Decree of the Government of the Russian Federation dated October 25, 2006 No. 625 “On licensing activities in the field of fire safety.”
16. 
    Resolution of the State Statistics Committee of Russia dated June 7, 2002 No. 134 “On approval of statistical tools for organizing statistical monitoring of fires and the consequences of them by the Ministry of Emergency Situations of Russia.”
17. 
    Decree of the Government of the Russian Federation of December 21, 2004 No. 820 “On State Fire Supervision” (the Regulations on State Fire Supervision were approved).
18. 
    Decree of the Government of the Russian Federation dated February 11, 2002 No. 135 “On licensing of certain types of activities.”
19. 
    Decree of the Government of the Russian Federation of August 14, 2002 No. 595 “On licensing activities for the operation of fire-hazardous production facilities.”
20. 
    Order of the Ministry of Emergency Situations of Russia dated October 1, 2004 No. 458 “On approval of the Regulations on the territorial body of the Ministry of the Russian Federation for Civil Defense, Emergencies and Disaster Relief - the regional center for civil defense, emergency situations and disaster relief.”
21. 
    Order of the Ministry of Emergency Situations of Russia dated July 10, 2001 No. 309 “On approval of the Regulations on the State Expertise of Projects of the Ministry of Emergency Situations of Russia.”
22. 
    Decree of the President of the Russian Federation of July 11, 2004 No. 868 “Issues of the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Disaster Relief” (approved Regulation on the Ministry of the Russian Federation for Civil Defense Affairs, emergency situations and disaster relief).
23. 
    Rossinskaya E.R. Forensic examination in criminal, civil, arbitration proceedings. - M., Law and Law, 2004.

Discipline 4. LEGAL FRAMEWORK OF THE ACTIVITIES OF THE State Fire Service of the Ministry of Emergency Situations of Russia
Explanatory note
The normal functioning of any social system is impossible without regulating the legal issues of its activities. The basics of legislative regulation of the activities of the State Fire Service of the Ministry of Emergency Situations of Russia are studied by students in the discipline “Legal regulation of the activities of the State Fire Service of the Ministry of Emergency Situations of Russia.”

Theoretical knowledge is consolidated during seminars and practical classes, which are conducted in parallel with the study of theory.

Target:

– students obtain knowledge and skills of a legal nature necessary for carrying out professional activities, they gain knowledge on the basics of Russian law, organizational and legal aspects of the activities of the State Fire Service of the Ministry of Emergency Situations of Russia.

TASKS:

Studying the fundamentals of the Russian legal system and legislation;

Obtaining the basics of fire safety legislation;

Formation of the foundations for the organization and functioning of judicial and other law enforcement and law enforcement agencies;

Training in the basics of organization and functioning of the Russian Ministry of Emergency Situations and legal norms in the field of professional activity.

• 
  fostering respect for the law.

KNOW:

• 
  fundamentals of the Russian legal system and legislation;
• 
  basic legislation in the field of fire safety;
• 
  the basics of the organization and functioning of judicial and other law enforcement and law enforcement agencies;
• 
  legal norms in the field of professional activity;
• 
  basics of administrative and procedural activities of the State Fire Service of the Ministry of Emergency Situations of Russia;
• 
  fundamentals of criminal procedural activities of the State Fire Service of the Ministry of Emergency Situations of Russia;

BE ABLE TO:

• 
  apply legal norms when carrying out administrative, legal and criminal procedural activities;
• 
  draw up procedural documents necessary for the administrative investigation of fires;
• 
  use the acquired knowledge in law enforcement activities.

HAVE AN INTRODUCTION:

On the organization and main areas of activity of other state control (supervision) bodies in the Russian Federation;

On the organization and functioning of the Unified State System for the Prevention and Elimination of Emergency Situations;

On state examination, control (supervision) in the field of civil defense, protection of the population and territories from emergency situations, ensuring the safety of people on water bodies.

The program lasts 24 hours, of which 12 hours are lectures. To consolidate and control theoretical knowledge and obtain practical skills, practical and seminar classes are provided for 8 hours.

The course completion ends with a test.
content of DISCIPLINE.
Topic 4.1. System of legislation in the field of fire safety.

The concept of legislation in the field of fire safety. Basic provisions of the Law “On Fire Safety”. Organizational structure of the State Fire Service of the Ministry of Emergency Situations of Russia. Types of fire protection. Rights and responsibilities of citizens in the field of fire safety. Rights and obligations of enterprises in the field of fire safety. Legal and social guarantees for employees of the State Fire Service of the Ministry of Emergency Situations of Russia. Types of legal liability for violation of fire safety standards and requirements.

Main

Fire safety regulations were developed to prevent perhaps the worst type of emergency. Fire is merciless to both people and material values. Violation of fire safety requirements resulting in a fire can lead to catastrophic consequences, including loss of human life. Therefore, liability for violation of industrial safety rules can be both administrative and criminal.

Persons responsible for violation of industrial safety requirements

Any public or private enterprise must appoint persons responsible for compliance. They may be:

• Owners of enterprise property.
• Representatives of the governing bodies of state power of the Russian Federation, who are entrusted with executive management functions.
• Representatives of local government governing bodies.
• Owners, users or managers who have authorized rights to property, including the management of government agencies.
• Persons appointed by the head of the enterprise responsible for fire safety.
• Persons serving in any position, but only within the scope of their competence.

As for residential buildings, the owners of the apartments or their tenants and tenants are responsible for fire safety. I would like to note that the responsibility of the enterprise manager for compliance with industrial safety requirements should always be at the highest level.

How is violation of industrial safety requirements punished?

The punishment for negligent attitude to fire safety rules depends on the scale of the consequences of the emergency situation. Those responsible may get away with disciplinary action, or they may go to places not so distant for several years. Let's consider this issue in more detail.

An employee of an enterprise, on whom the manager has entrusted the burden of responsibility for compliance with industrial safety rules, who has committed a violation of these rules, may receive several types of disciplinary action. Namely: a reprimand, a reprimand (including a severe one), and, finally, he can simply be fired if they find sufficient grounds for this extreme step. The degree of disciplinary action is determined by the provisions of the employment contract with the employee, as well as Art. 192 Labor Code of the Russian Federation.

In addition to disciplinary action, an employee responsible for violating industrial safety rules may be subject to administrative liability, which includes the following types of penalties:

• Verbal or written warning.
• Money penalty.
• Complete confiscation of the instrument of the offense or its temporary confiscation.
• Administrative arrest, the duration of which depends on the severity of the consequences of the violation.
• Deportation of an employee outside the country (applicable to persons without Russian citizenship).

For particularly grave consequences of violating industrial safety requirements, a negligent employee may incur the following types of criminal liability:

• Large fine.
• Complete or temporary deprivation of an employee’s right to work in a certain position.
• Forced correctional labor for up to several months.
• Arrest for up to three months.
• Full imprisonment for up to five years

The degree of criminal punishment is determined by the relevant court decision. The amount of the fine for violating the rules of industrial safety is determined by the results of which an order to eliminate violations (sample) and corresponding acts are issued. The audited organization itself develops a plan for elimination and measures to suppress the identified violations. The time frame for eliminating industrial safety violations is set by the inspector and can range from several days to six months.

The size of the fine for violating fire safety rules is determined by the fire inspection.

In 2017, the amount of the fine for individuals will range from one to fifty thousand rubles, depending on the position and degree of responsibility of the person punished; legal entities can be fined in the amount of 90 to 500 thousand rubles (Article 20.4 of the Code of Administrative Offenses of the Russian Federation).

Classification of violations of industrial safety requirements

Let's consider what types of violations can occur in the field of fire safety:

• Light violations of PB rules.
• Recurrent violations of PB rules.
• Violations of rules during a special fire safety regime.
• Violations related to damage to fire-fighting water pipes, as well as electrical installations, fire extinguishers and fire panels.
• Violations associated with insufficient accessibility of fire exits, as well as obstruction of access roads and passages to the building.
• Purposeful arson or any hooligan act that resulted in a fire.
• Violation of safety rules that led to serious harm to health or fatal consequences for a person.
• Careless handling of fire, which resulted in fire and destruction of forest plantations.

The above types of violations of fire safety requirements entail consequences of varying degrees of severity. Accordingly, the application of penalties is directly proportional to these consequences. By the way, any respectable employee who has noticed obvious violations of fire safety rules in his organization can write a statement to the fire inspection authority of his city indicating the identified shortcomings.