scholarly journals On the issue of organizational problems of state fire supervision in connection with the entering into force of the federal law on state control (supervision) and municipal control in the Russian Federation

2021 ◽  
pp. 14-18
Author(s):  
Sergey E. Mordvinenko ◽  
Denis S. Pikush ◽  
Aleksandr V. Ershov
Keyword(s):  
Russian Federation ◽  
Fire Safety ◽  
Scientific Work ◽  
State Control ◽  
Federal Law ◽  
Fire Control ◽  
Emergency Situations ◽  
Starting Point ◽  
The Russian Federation ◽  
Organizational Problems

Introduction. Due to the updating of the legislative framework, the possibility of introducing the so-called "seamless" interdepartmental processes in the field of fire control and supervision is considered. The paper shows how insufficiently well-regulated actions of departments can become a factor that reduces the efficiency of work in this area and hinders its development. The importance of Federal Law No. 248-FZ of July 31, 2020 "On State Control (Supervision) and Municipal Control in the Russian Federation" was noted. At the same time, significant difficulties of its practical application are recognized. With references to the sources, it is shown that, addressing this problem, scientists demonstrate either a global, enlarged approach, or, conversely, study particular cases within the borders of one region, in relation to a specific group of objects of fire control and supervision. The relevance of the presented work lies in the fact that the authors offer an adequate solution to universal organizational problems. Problem Statement. The starting point in solving the tasks of this scientific work is the study of the text of Federal Law No. 248-FZ of July 31, 2020 "On State Control (Supervision) and Municipal Control in the Russian Federation". From the point of view of law enforcement practice, the authors had to evaluate innovations in the activities of the state fire supervision bodies of the Ministry of Emergency Situations of Russia, identify weaknesses if possible, make arguments in favor of organizational and, in particular, communication processes, identify ways to solve the problems. Theoretical Part. The new document is considered as an element of the evolutionary process of state policy in the field of monitoring the compliance with mandatory requirements, including in the field of fire safety. The main imbalances that can potentially reduce the efficiency of the relevant departments of the Ministry of Emergency Situations have been identified. Thus, the Regulation on Fire Safety provides for the collection, clarification and annual updating of accounting information about the objects of supervision. At the same time, only the names of procedures are given in the document. There is no scheme of actions that links the object of supervision with such features of the subject (official) as: knowledge, experience, workload, Internet skills, computer or digital technology, technical and organizational availability of information resources. According to the statistics, the urgent need for appropriate adequate solutions is dictated by objective reasons. Constructive and relatively easy-to-implement measures to overcome the identified imbalances are indicated. Conclusions. The results of scientific work presented in this article demonstrate the direction of further improvement of the professional activities of specialists in fire control and supervision, as well as the department as a whole. The results of the research suggest that at the present stage in Russia (and, in particular, in the Rostov region) the information base is sufficient to improve departmental processes. Two factors should be recognized as the main weaknesses of the system. This is clearly insufficient digitalization of departments and the lack of high-quality communications between departments of various levels and profiles.

Risk-oriented Model of the Organization and Implementation of the Federal State Energy Supervision

2021 ◽  
pp. 76-81
Author(s):  
F.V. Matveenkov ◽  
◽  
D.A. Tolstova ◽  
O.V. Masharova ◽  
O.V. Sachkova ◽  
...  
Keyword(s):  
Russian Federation ◽  
State Energy ◽  
Federal State ◽  
Economic Damage ◽  
Risk Category ◽  
State Control ◽  
Federal Law ◽  
Emergency Situations ◽  
Vital Functions ◽  
The Russian Federation

Risk-oriented approach in the implementation of control (supervision) activities is an important state task that affects the country economy. As part of the implementation of the priority area of reforming control and supervision activities, the Federal Law «On the state control (supervision) and municipal control in the Russian Federation» was adopted, which comes into force on July 1, 2021. In order to implement the Federal Law «On state control (supervision) and municipal control in the Russian Federation», it is advisable to revise the regulation on the federal state energy supervision. It is required to study the issue of taking into account the risks of causing harm (damage) to legally protected values when carrying out control (supervision) activities in relation to the subjects (objects) of the energy sector, as well as criteria for assigning it to the risk category and indicators of the risk of mandatory requirements violation. Currently, the only criterion for assigning the harm (damage) to the risk category is the dependence on the established and (or) transmitted capacity of the energy facilities used, which is nonobjective due to the changes in the normative-regulatory framework for the implementation of control and supervision activities. It is required to study the issue of categorization depending on the established (transmitted) capacity of the object, the amount of economic damage as a result of the implementation of emergency situations and (or) emergency incidents (in value terms), the number of people killed (irretrievable losses), the number of people whose vital functions were disrupted as a result of the implementation of emergency situations and (or) emergency incidents.

Control (supervisory) measures: innovations of Federal Law “On State Control (Supervision) and Municipal Control in the Russian Federation”

2021 ◽  
pp. 25-32
Author(s):  
O.V. Shinkareva ◽  
V.A. Dikikh
Keyword(s):  
Russian Federation ◽  
Control Measure ◽  
Control Measures ◽  
State Control ◽  
Federal Law ◽  
Field Inspection ◽  
Control Actions ◽  
The Russian Federation

The article is devoted to the analysis of the types of control measures that will be carried out in accordance with Federal Law No. 248-FZ of the “On State Control (Supervision) and Municipal Control in the Russian Federation”, the main provisions of which will enter into force on July 1, 2021. This law also applies to the activities of organizations that are subject to licensing. Types of control (supervisory) measures are considered, in particular, control and monitoring procurement, inspection visit, raid inspection, documentary and field inspection, as well as monitoring compliance with mandatory requirements and field examination. The essence of each type of control measure, the basis for carrying out the measures, control actions that can be used in their implementation are analyzed.

Legal and clinical aspects of emergency burns

2020 ◽  
Vol 22 (4) ◽  
pp. 208-211
Author(s):  
V. A. Sokolov ◽  
I. F. Shpakov ◽  
Ya. L. Butrin
Keyword(s):  
Russian Federation ◽  
Clinical Aspects ◽  
Practical Skills ◽  
Federal Law ◽  
Emergency Rescue ◽  
Medical Evacuation ◽  
Emergency Situations ◽  
The Russian Federation ◽  
Key Questions

The key questions concerning particular sections of the topic Burns in Emergencies are presented. Particular attention is paid to the presentation of terminology. For this, the wording of the Federal Laws, Government Resolutions and Orders of the Ministry of Health of the Russian Federation were used. In accordance with the latter, the classification of emergency situations is given, as well as the criteria by which their damage is assessed. It has been established that the involvement of the forces and means of the Ministry of Defense in the elimination of the consequences of emergency situations is spelled out in the Federal Law. In addition, an argument is made on what basis the citizens of the Russian Federation are obliged to constantly improve their knowledge and practical skills in studying numerous issues of protecting the population, providing assistance to victims, in carrying out emergency rescue operations, etc. situations that led to massive burns. Key features of burns as injuries sustained in emergency situations are formulated. Also, aggravating circumstances are listed that negatively affect the general condition of the victims. The role and place of clinical guidelines as a fundamental development governing the sequence of the organization and content of medical care for those burned at the stages of medical evacuation are indicated. Attention is drawn to the legal significance of the problem.

ANALYSIS OF THE PROSPECTS FOR DEVELOPMENT OF CERTAIN ASPECTS OF LICENSING IN THE FIELD OF FIRE SAFETY

2021 ◽  
pp. 6-11
Author(s):  
Сергей Семёнович Воевода ◽  
Ирина Фёдоровна Зенкова
Keyword(s):  
Russian Federation ◽  
Fire Safety ◽  
General Mechanism ◽  
General Direction ◽  
Industrial Facilities ◽  
Emergency Situations ◽  
Current State ◽  
The Russian Federation ◽  
The Government ◽  
Permanent Employees

В статье рассмотрена возможность внесения изменений в лицензионные требования, касающиеся подтверждения квалификации работников, состоящих в штате соискателей лицензии (лицензиатов). Выполнение указанных требований обязательно при намерении осуществлять (осуществлении) деятельность по тушению пожаров в населенных пунктах, на производственных объектах и объектах инфраструктуры, а также деятельность по монтажу, техническому обслуживанию и ремонту средств обеспечения пожарной безопасности зданий и сооружений. Проведен анализ введенных в действие в рамках реализации «регуляторной гильотины» положений о лицензировании видов деятельности в области пожарной безопасности, утвержденных постановлениями Правительства Российской Федерации. Кроме того, с использованием положений нормативных правовых актов Российской Федерации и нормативных документов проанализирован общий механизм формирования системы независимой оценки квалификации, в том числе в области пожарной безопасности, рассмотрены перспективы внесения изменений в лицензионные требования. Сделан вывод о том, что характер прогнозируемых изменений должен соответствовать общему направлению развития Национальной системы квалификаций. В статье исследовано также современное положение дел с формированием профессиональных стандартов в области пожарной безопасности, разработка которых закреплена за Советом по профессиональным квалификациям в области обеспечения безопасности в чрезвычайных ситуациях. The article considers the possibility of amending the licensing requirements regarding the confirmation of the qualifications of permanent employees who are the license applicants (licensees). Fulfillment of the specified requirements is mandatory if it is intended to carry out (implement) fire fighting activities in settlements, at industrial facilities and infrastructure facilities, as well as activities for installation, maintenance and repair of fire safety facilities for buildings and structures. The analysis of regulations on licensing of fire safety activities, approved by the resolutions of the Government of the Russian Federation is carried out. These regulations are implemented as part of realization of “regulatory guillotine”. Furthermore, the general mechanism for formation of the system for independent qualification assessment, including in the field of fire safety is analyzed as well as the prospects for amending licensing requirements were considered. The above mentioned analysis is carried out using the provisions of regulatory legal acts of the Russian Federation and regulatory documents. It is concluded that the nature of predictable changes should correspond to the general direction of development of the unified National qualification system. The article also considers the current state of formation stages of professional standards in the field of fire safety. The development of such standards is assigned to the Council for professional qualifications in the field of safety in emergency situations.

ANALYSIS OF THE MAIN PROVISIONS OF THE FEDERAL LAW NO 248-FZ DATED 31.07.2020 “ON STATE CONTROL (SUPERVISION) AND MUNICIPAL CONTROL IN THE RUSSIAN FEDERATION”

2020 ◽  
pp. 26-32
Author(s):  
Дмитрий Сергеевич Адамов ◽  
Евгений Вячеславович Козырев ◽  
Игорь Владимирович Костерин ◽  
Владимир Александрович Сорокин ◽  
Наталья Олеговна Щеголева
Keyword(s):  
Russian Federation ◽  
Preventive Measures ◽  
State Control ◽  
Federal Law ◽  
The Russian Federation ◽  
The Law

В статье рассмотрены основные положения Федерального закона от 31.07.2020 г. № 248-ФЗ «О государственном контроле (надзоре) и муниципальном контроле в Российской Федерации», который вступает в силу с 1 июля 2021 года. Проанализированы изложенные в Федеральном законе процессуальные основы осуществления государственного и муниципального контроля, акцент которых сделан на профилактические мероприятия. The article considers the main provisions of the Federal law No 248-FZ dated 31.07.2020 “On state control (supervision) and municipal control in the Russian Federation”, which comes into force on July 1, 2021. The article analyzes the procedural bases of state and municipal control expounded in the Law. The focus of these bases is on preventive measures.

The Effectiveness of Control and Supervisio№ Activities i№ the Field of Education

2017 ◽  
Vol 5 (4) ◽  
pp. 16-28
Author(s):  
Феклин ◽  
S. Feklin ◽  
Ладнушкина ◽  
N. Ladnushkina
Keyword(s):  
Russian Federation ◽  
State Control ◽  
Federal Law ◽  
Judicial Decisions ◽  
Government Oversight ◽  
Municipal Employees ◽  
Effi Ciency ◽  
The Russian Federation ◽  
The Government ◽  
Quantitative Indicators

In accordance with the Federal Law No. 294-FZ of 26.12.2008 “On the Defense of the Rights of Legal Entities and Individual Entrepreneurs in the Conduct of State Control (Supervision) and Municipal Control”, annually the government oversight(supervision) authorities, the bodies of municipal control in accordance with the procedure established by the Government of the Russian Federation, prepare reports on the eff ectiveness of their activities. At the same time, the legislator did not formulate the defi nition of “eff ective control (supervision)”, and effi ciency reports are based primarily on quantitative indicators (information on state (municipal) employees, the number of inspections, the size of fi nes, a list of violations detected and prosecuted persons, information on Judicial decisions, otherwise). The authors of the article, analyzing the normative legal acts, studied the practice of conducting inspections in the sphere of education of Moscow and other subjects of the Russian Federation, set forth a scientifi c view on the effi ciency of control and supervision activity, propose a model, as well as indicators for assessing the eff ectiveness of inspections in education.

scholarly journals INSPECTION OF A SCENE: ORGANIZATIONAL AND TACTICAL FOUNDATIONS OF OPTIMIZATION OF ITS PRODUCTION AND FIXATION OF THE RESULTS

2017 ◽  
pp. 33-40
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Federal Law ◽  
Procedure Code ◽  
The Russian Federation ◽  
Inspection Of The Scene ◽  
Organizational Problems

The article deals with the fundamentals of organization, tactics of production and fixing the results of one of the most important investigative actions. The authors note that the quality of the investigation of the crime as a whole and the results of the trial largely depend on the quality of the inspection of the scene. At the same time, the inspection efficiency and the objectivity of fixation depend on the scientific and technical means, methods and technologies used in its production. Attention is paid to the issues of organization of interaction both in the course of a study of the situation and objects, and when displaying information in the protocol and its annexes. It is especially important in connection with the changes in the Criminal Procedure Code of the Russian Federation introduced by the Federal Law № 23-FZ of March 4, 2013. Given that the inspection is a collective investigative action, not only the professional qualities of each employee involved, but also the coordinated work of the whole team significantly impact on the efficiency of its production and the quality of displaying the obtained data in the relevant documents. Special attention is drawn to the organizational problems of the work of investigative operational groups, which, in practice, are formed at random. One of the ways to optimize this investigative action and the fixation of the obtained information is to form investigative-operational groups, taking into account the psychological compatibility and teamwork of participants.

Monitoring Law Enforcement in Archival Legislation for Legal Loop-Holes: A Case-Study of the Activities of the Archival Agency of the Kurgan Region

2018 ◽  
pp. 146-154
Author(s):  
Aleksandr I. Kulinich ◽  
◽  
Evgeniy I. Sorogin ◽  
Keyword(s):  
Russian Federation ◽  
Control Function ◽  
Government Agency ◽  
State Control ◽  
Federal Law ◽  
Primary Activity ◽  
Archival Documents ◽  
The Russian Federation ◽  
Federal Laws ◽  
State Archives

The authors study legal loop-holes in the archival legislation. As it is impossible to analyze the whole of archival legislation, including regional laws and regulations of all subjects of Russia, the article focuses on the Federal law. It draws on practices of the Archival Agency of the Kurgan Region and addresses practical concerns. It analyzes inconsistencies and legal loop-holes in implementation of following three laws: the Federal law of October 22, 2004 no. 125-FZ ‘On archiving in the Russian Federation,’ the Federal law of 26 December, 2008 no. 294-FZ ‘On protection of rights of legal persons and self-employed entrepreneurs in the exercise of state control (supervision) and municipal control,’ and the Federal law of April 5, 2013 no. 44-FZ ‘On contract systems in the sphere of procurement of goods, works and services for provisioning governmental and municipal needs.’ The study has identified the following legal loop-holes and inconsistencies: (1) There is a legal loop-hole in implementation of the control function. No clear demarcation of jurisdictions of the Russian Federation and those of the subjects of the Russian Federation is provided in Federal laws no. 294-FZ and no. 125-FZ; (2) There is a contradiction between Federal laws no. 125-FZ and no. 44-FZ. In case of winding-up of a state procurement agency and transferring its powers to a government agency, documents on primary activity are to be filed in a state archive and also to remain in the new government agency; (3) Lack of uniform and federally approved methodology for division of ownership of archival documents between municipalities and subjects of the Russian Federation result in similar documents falling under different forms of ownership in different regions; (4) Lack of regulatory framework in acquisition and transfer of e-documents to state archives hinders introduction of a full-featured e-document interchange between state authorities. The authors contend that these legal loop-holes and inconsistencies should be corrected.

scholarly journals Problems of development of state control and supervision in the context of legislative reform

2020 ◽  
Vol 4 (4) ◽  
pp. 94-101
Author(s):  
Anna F. Masalab
Keyword(s):  
Russian Federation ◽  
Main Tool ◽  
State Control ◽  
Federal Law ◽  
Legislative Reform ◽  
Scientific Hypothesis ◽  
Scope Of Application ◽  
The Subject ◽  
The Russian Federation ◽  
Business Entities

The subject. The system of state control and supervision in the Russian Federation was chosen as the subject of research. The relevance of the article is due to the need to find a balance between improving the level of law and security in various areas of business and reducing administrative pressure on business entities during control and supervisory activities. The purpose of the article is the goal is to substantiate the scientific hypothesis that the existing system of state control and supervision in Russia needs further improvement despite the performing legislative reform. The methodological basis for the study: general scientific methods (analysis, synthesis, comparison, description) as well as legal interpretation of legislative acts and drafts. Results, scope of application. The correlation of the terms "control" and "supervision" is defined, the stages of development of these institutions are highlighted, and he directions for improving the control and supervision activities of the state are outlined. Analysis of the features of legislative regulation of state control and supervision allowed us to identify three stages of its formation. Currently, the third stage of the control and supervision reform is being implemented in Russia. Analysis of the new Federal law "On state control (supervision) and municipal control in the Russian Federation" made it possible to note that this act has some obvious advantages in comparison to Law No. 294-FZ: the extension of the scope of the risk-based approach, clear regulation of all control activities, avoiding monopoly inspections as the main tool of control and supervision, use of preventive approach rather than punitive approach. Conclusions. It is concluded that the new Federal law "On state control (supervision) and municipal control in the Russian Federation" provides for the development of a risk-based approach in the implementation of control and supervision activities, as well as a number of other innovations that can, if being properly implemented, reduce the administrative burden on economic entities, change the punitive direction of the control activities to a preventive one. At the same time, the problem of unification of the conceptual apparatus in this area remains unresolved.

scholarly journals PRESIDENTIAL CONTROL OVER OPERATIONS OF THE FEDERAL SECURITY SERVICE OF RUSSIA

2020 ◽  
Vol 11 ◽  
pp. 58-62
Author(s):  
Anatoliy M. Tarasov ◽  
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Russian Federation ◽  
State Control ◽  
Federal Law ◽  
Criminal Intelligence ◽  
Security Service ◽  
The Status ◽  
The Subject ◽  
The Russian Federation

The relevant and innovative character of the subject of Presidential Control over Operations of the Federal Security Service of Russia is confirmed by the absence of separate research on this topic and the status of the Federal Security Service of Russia established to ensure security, carry out various types of law enforcement operations, in particular, such as criminal intelligence and surveillance, pre-trial investigation, interrogation, where human and civil rights and freedoms may be violated, and the guarantor of human and civil rights and freedoms is the President of the Russian Federation pursuant to Article 80 of the Constitution of the Russian Federation. The relevance of this subject is also proven by the absence of any federal law on the state control over operations of state authorities including law enforcement ones and the failure to establish the limits (scope) of the presidential control over operations of the Federal Security Service of Russia in statutory acts. The fact that the aims of the presidential control are not only identification of deviations in operations of the Federal Security Service but also the prevention of such deviations in the future raises the importance of this issue. In view of the above, the presidential control is a mechanism of positive, preventive and efficient influence on organizational and practical activities of authorities of the Federal Security Service of Russia.

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