Legislation on administrative responsibility for violation of fire safety: Analysis of changes over the past decade

2015 ◽  
Vol 9 (1) ◽  
pp. 42-56
Author(s):  
Владилен Татарян ◽  
Vladilen Tataryan ◽  
Елена Татарян ◽  
Elena Tataryan

This article analyzes the federal law on administrative responsibility for violation of fire safety requirements. The authors, in particular, studied and analyzed in detail the federal laws, which the legislator over the last decade that made very substantial changes and additions to the relevant articles of the Administrative Code (the Administrative Code), as well as considered the changes that have occurred with these norms, the regularities and the correlation between the legislative wording and the social, economic and political changes taking place in a specific historical period of development of the state. The authors make proposals for the development of this legislation, to simplify its use for law enforcers, to clarify the meaning of legal wording. The process of fundamental reform of federal legislation providing for responsibility for the violation of fire safety requirements, has not yet been completed, but because the current deputies of the sixth convocation of the State Duma of the Russian Federation together with the scientists and administrative officers of the Federal State supervising the fire safety laws have yet to resolve a number of contentious issues and conflicts, related to the proper application of the relevant administrative procedures.

2019 ◽  
pp. 100-104
Author(s):  
A. K. Sabirova

The article is devoted to the analysis of the features of administrative proceedings instituted for violations of fire safety requirements, including important changes made in the relevant area of the administrative legislation of the Russian Federation, as well as the analysis of the legislative possibility of applying administrative punishment in the form of administrative suspension of activities for non-compliance with the requirements of the federal state firefighters oversight (including named changes).


Author(s):  
Алена Владимировна Искрина

В статье рассматриваются особенности формирования социальной стратификации Древней Руси на раннем этапе развития, этапы появления различных страт в зависимости от социально-политических событий с X по XII вв. Предметом исследования является процесс образования социальных страт в древнерусском государстве. Цель статьи - рассмотреть социальное устройство Древней Руси, определить и описать стратификацию и взаимодействие страт между собой, историю изучения данного вопроса, политические события, влияющие на данные процессы. Основным вопросом исследования явились исторические события, оказавшие влияние на формирование социальных страт с X по XII вв., появление социальных страт в данный исторический период и формы их взаимодействия. Отвечая на данный вопрос, автор приходит к выводу, что разложение патриархально-общинного строя, формирование феодального вассалитета, принципа майората, княжеской дружины и другие внутриполитические события повлияли на формирование социальных страт государства. В связи с данными историческими событиями удается проследить этапы происхождения социальных слоев населения, их состав, социальные функции в обществе и государстве. The paper examines the features of the social stratification of the Ancient system at an early stage of development, the stages of the emergence of various strata depending on political events from the 10th to the 12th centuries. The subject of this research is the process of the formation of social strata in the ancient European state. The purpose of the publication is to consider the social structure of Ancient Rus, to determine and describe the stratification and interaction of strata with each other, to study this issue, political events that affect these processes. The main research issue was the historical events that influenced the formation of social strata from the 10th to the 12th centuries, the emergence of social strata in a given historical period and the forms of their interaction. Answering this question, the author arrives at the conclusion that the disintegration of the patriarchal-communal system, the formation of a feudal vassalage, the principle of primacy, the princely squad and other internal political events influenced the formation of social strata of the state. In connection with these historical events, it is possible to trace the stages of the origin of social strata of the population, their composition, social functions in society and the state.


Author(s):  
Vasyl Ilkov

The article is devoted to procedural features and evidence during the consideration of social cases. The share of administrative lawsuits received by district administrative courts in social cases is more than 30%, which is a high figure among cases falling under the jurisdiction of administrative courts. A person goes to court when his right has already been violated by the state authorities. The administrative courts ensure the implementation of the social function of the state. Allegations that administrative courts serve public authorities are unfounded. Evidence of the court is provided by the parties to the case. The court can only invite the parties to provide evidence and collect evidence on their own initiative. The principle remains fundamental, in cases of illegality of decisions, actions or omissions of the public authorities, the burden of proving the legality of its decision, action or omission rests with the defendant. There is a problem of the possibility of considering social disputes under the rules of summary proceedings with the summons of the parties to the case in the event that there is a need to obtain an explanation from the parties or to examine witnesses. There is a need for legislative regulation of the possibility for the court to consider social disputes in the manner prescribed by the provisions of Article 262 of the Administrative Code of Judgment of Ukraine, after the opening of proceedings in the manner prescribed by the provisions of Article 263 of the Administrative Code of Judgment of Ukraine. It is important to ensure the possibility to continue the consideration of the case in the simplified claim procedure, with the summoning of the parties to the court session, after the opening of the simplified proceedings without summoning the parties. Key words: social disputes, district administrative court, evidence, proving, general claim proceedings, simplified proceedings.


2021 ◽  
pp. 94-98
Author(s):  
E. A. Inshakova

The author analyzes the current problems in the division of administrative responsibility for violation of fire safety rules in the case of several subjects of an administrative offense, provided that all actions to comply with fire safety rules were assigned to other persons in the performance of civil contracts. The problem lies in the fact that currently there is a law enforcement practice, based on which, regardless of the imposition by the owner of the property of the obligation to comply with the rules in the field of fire safety on other subjects of civil legal relations, administrative responsibility can still be applied to the owner of the property. The novelty of the study is that the paper for the first time formulated a position on the full transfer of the obligation to comply with fire safety requirements from the owner of the property to other persons, guided by the primary right of the owner to dispose of the property at his discretion.


2016 ◽  
Vol 11 (3) ◽  
pp. 126-136
Author(s):  
Гончарук ◽  
Natalya Goncharuk ◽  
Кулаженкова ◽  
Nataliya Kulazhenkova

In the article the phenomenon of discussion in legal science and practice, of administrative responsibility for violation of the law on banks and banking activities is discussed. The relevance of the research topic is determined by the fact that the litigation of violations in this sphere causes difficulties in judicial practice, because the rules of banks and banking activities are also contained in other federal laws, causing significant controversy in determining proper measures of responsibility. The article provides a comparative analysis of the legal liability for violation of the law on banks and banking activities, provided by the rules of the Administrative Code and the Federal Law «On the Central Bank of the Russian Federation (Bank of Russia)»; types of interventions provided for banking offenses are discussed and the ways of solving the problem are indicated.


Author(s):  
Sergey E. Mordvinenko ◽  
Aleksandr V. Ershov ◽  
Denis S. Pikush

Introduction. The paper considers the new requirements for the activities of the state fire supervision bodies. The ways of solving the problems arising during the implementation of these innovations are given. One of such solutions is the developed by the authors algorithm of the express method for assessing the compliance of the object of supervision with fire safety requirements. The article analyzes the work of inspectors of the state fire supervision during inspections of low-rise retail facilities of small area, taking into account the time spent on them, and the work of the inspector using a new express method of conducting inspections. Problem Statement. The purpose of the study is to increase the efficiency of managerial decision-making in ensuring fire safety based on the criterion of "fire risk", taking into account the minimum fire safety requirements determined by the calculation. Conclusions. The developed algorithm for supporting managerial decision-making on the compliance of the protection of commercial facilities with fire safety requirements will allow inspectors of the state fire supervision during inspections to assess the existence of a threat to human life and health and decide on further actions depending on the presence or absence of this threat.


2021 ◽  
Vol 11 (2) ◽  
pp. 81-101
Author(s):  
Sergey Ivanovich Chernykh ◽  
◽  
Yaser Seifiddin Allaham ◽  
Vladimir Ivanovich Parshikov ◽  
◽  
...  

Introduction. The article examines the problem of the interdependence of the state and processes of changing the social order from the state and processes of changing social institutions designed to guarantee its stability. As one of such institutions, the educational system is considered, which in its traditional state actively performed a protective function, acting as a guarantor of the stability of the social order. In the context of the fourth industrial Revolution, the content and form of educational practices and the entire educational space have changed so much that education as a social institution loses the prerogative of protecting and guaranteeing the stability of the social order. The purpose of the article is to determine the main substrates underlying the social order on the basis of the historical and philosophical classification of the social order concepts, to show which turbulent phenomena in education most deform these substrates and thereby disqualify education in its function as a guarantor of the stability of both the social order and society as a whole. Materials and Methods. The historical and philosophical approach made it possible to form and classify the main concepts in the understanding of the social order and to differentiate its substrate bases using the tabular method. The activity-based and structural-functional approaches allowed us to identify the deforming phenomena that occur today in Russian education and have the greatest impact on the destabilization of the social order. To substantiate the conceptual and methodological basis of the study, the method of critical analysis of current research literature and the interpretation of the results obtained in it is used. Results. Historical and philosophical analysis has shown that the underlying foundations of the stability of the social order are (both in historical and modern explication) coercion, interests, values and norms, as well as cultural inertia. Social institutions (education, science, religion, law, etc.) ensure the functioning of the substrate bases, their correction in the direction of compliance with state needs, and thereby stabilize the existing social order as a system of governance and power mechanisms. However, the fourth technological revolution, which began in the second half of the XX – beginning of the XXI century, radically changed the functionality of social institutions. This historical period, due to the significance of the changes, was called the “era of turbulence” (A. Greenspan's term). This could not but affect the stability and foundations of the social order. The most pronounced deformations in the era of turbulence are those of education and science, that is, precisely those social institutions that, along with law and culture, in traditional societies served as a guarantor of the stability of the state. The greatest destabilizing effect of education on the social order is: the ongoing change in organizational paradigms of interaction between education and other spheres of public life (from “education-science-production” to “university – government – business”); the change in the status of subjects of educational interactions: the main object of educational interactions is the individual, business systems and the family, and not the state; fictivization of education (especially higher education) in its classical form, which manifests itself in the growing importance of virtual learning, narrow specialization and massization; the growth of educational inequality with its development into a social one. These phenomena really destabilize the social order both as values/norms, as cultural traditions, and as dialectically combined interests of the authorities and individuals. Conclusions. The study of the interactions of the social order has shown that the turbulent phenomena occurring in the social institutions of society can radically affect the stability of the social order. This, in turn, increases the turbulence in society as a whole.


2016 ◽  
Vol 9 (1) ◽  
pp. 189
Author(s):  
Carlos Bauer ◽  
Vanessa Amorim Dantas

RESUMONesses escritos são retomadas algumas passagens da educação pública no estado do Maranhão, desde os anos em que o Brasil esteve sob a égide do regime militar, instalado pela força em 1964, até a retomada democrática no país, realizada a partir dos meados da década de 1980. Tem-se como objetivo analisar os embates que se produziram entre as forças políticas estabelecidas no aparato estatal e os trabalhadores em educação nesse controverso período histórico. Imbuídos dessa perspectiva, os autores buscam delinear o percurso educacional vivenciado pelo maranhenses, a partir da compreensão crítica do contexto sociopolítico daquele momento, da análise das disposições políticas educacionais no domínio federal e sua incidência na esfera localizam as possíveis modificações ocorridas no ensino com a ascensão de novos sujeitos políticos ao governo, como também os pontos nevrálgicos que estão presentes nas lutas deflagradas pela valorização da docência num tempo social reconhecidamente conturbado. Com o estudo dessas trajetórias e suas repercussões nos movimentos associativistas e sindicais dos trabalhadores em educação, procura-se contribuir para ampliação de pesquisas de cunho históricoeducacional e, sobretudo, da história social daqueles que fazem a educação no Maranhão em sua cotidianidade.Palavras-chave: APEMA. História da educação. Maranhão.ABSTRACTIn these writings are taken some passages of public education in the state of Maranhão, from the years when Brazil was under the aegis of the military regime, installed by force in 1964, to the democratic revival in the country, held from mid- 1980. Which objective is to analyze the conflicts that took place between the political forces established in thestate apparatus and workers in education in this controversial historical period. Imbued with this perspective, the authors seek to outline the educational journey experienced by maranhense people, from the critical understanding of the socio-political context of that time, the analysis of education policy provisions in the federal domain and its impact on the state level; thereby locate the possible changes occurredin education with the rise of new political subjects to the government, as well as the hot spots that are present in the struggles triggered by the appreciation of teaching in an admittedly troubled social time. With the study of these trajectories and their impact on associative movementsand unions of workers in education, it seeks to contribute to expand research of historical and educational character and, above all, the social history of those who make education in Maranhao in its daily life. Keywords: APEMA. History of education. Maranhão.RESUMENEn estos escritos se retoman algunos pasajes de la educación pública en el Estado de Maranhão, desde los años en que Brasil estuvo bajo la égida del régimen militar, instalado por la fuerza en 1964, hasta la recuperación democrática en el país, celebrada desde mediados de la década de 1980. Tiene como objetivo analizar los embates que tuvieron lugar entre las fuerzas políticas establecidas en el aparato del Estado y los trabajadores de la educaciónen en este período histórico controvertido. Imbuidos de esta perspectiva, los autores tratan de delinear el camino educativo experimentado por los ciudadanos de Maranhão, desde la comprensión crítica del contexto sociopolítico de la época, del análisis de las disposiciones políticas educacionales en el dominio federal y su incidencia en el ámbito estatal; con eso localizan los posibles cambios ocurridos en la educación con la ascensión de nuevos sujetos políticos al gobierno, así como los puntos críticos que están presentes en las luchas deflagradas por la valorización de la docencia en un tiempo social reconocidamente contubado. Con el estudio de esas trayectorias y sus impactos en los movimentos asociativos y sindicatos de trabajadores en educación, se busca contribuir para ampliar las investigaciones de carácter histórico y educativo y, sobre todo, de la historia social de aquellos que hacen la educación en Maranhão en su cotidianidad.Palabras clave: APEMA. Historia de la educación. Maranhão. 


2021 ◽  
pp. 86-95
Author(s):  
Anatoly Petrovich Savelyev ◽  
Vladimir Stepanovich Shkrabak ◽  
Sergey Viktorovich Glotov ◽  
Roman Vladimirovich Shkrabak ◽  
Mikhail Nikolaevich Chugunov ◽  
...  

The conducted research has established that a necessary condition for ensuring fire safety is the fulfillment of the fire safety requirements provided for by the technical regulations adopted in accordance with the Federal Law "On Technical Regulation". This risk-based approach reduces the cost of fire safety.


2021 ◽  
Vol 30 (2) ◽  
pp. 5-14
Author(s):  
I. K. Bakirov ◽  
R. A. Valiullina

Introduction. The text of draft amendments to Technical Regulation “General requirements to fire safety” was published on January 16, 2020. Draft amendments were developed with in the framework of the“regulatory guillotine”approach. The mission of the proposed amendments was to eliminate excessive and duplicative fire safety requirements, inter alia, requirements applicable to fire safety and fire extinguishing devices that had been established by Technical Regulation of the Eurasian Economic Union (EAEU)“Оn Requirements for fire safety and extinguishing devices” (TR EEU 043/2017). The purpose of this article is to substantiate the in expediency of, or, on the contrary, the need to make the proposed amendments to Federal Law No. 123-FZ of July 22, 2008 “Technical Regulation of Fire Safety Requirements”. The body (analytical part) of the work. The proposed amendments to the regulatory legal act titled “Technical Regulations on Fire Safety Requirements” were drafted within the framework of the “regulatory guillotine” approach. In the course of the comparative analysis of effective fire safety requirements and proposed amendments the co-authors came up with recommendations for their improvement. The co-authors of the article present arguments to substantiate the inexpediency of some particular amendments, but at the same time, they support the need to make other amendments to Federal Law No 123-FZ. The co-authors comment on the proposed draft document that has twenty-eight amendments.Conclusions. Fire safety regulations must represent a single consolidated document, rather than several “fragments” available in the Technical Regulations of the Eurasian Union, Technical Regulations of All-Russian Significance and Technical Regulations of Safety of Buildings and Structures.


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