On the Issue of the Specifics of the Division of Administrative Responsibility in Case of Violation of Fire Safety Requirements

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.

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.


2020 ◽  
Vol 90 ◽  
pp. 19-31
Author(s):  
D. V. Zobkov ◽  
◽  
A. A. Poroshin ◽  
A. A. Kondashov ◽  
◽  
...  

Introduction. A mathematical model is presented for assigning protection objects to certain risk categories in the field of fire safety. The model is based on the concepts of the probability of adverse effects of fires causing harm (damage) of various extent and severity to the life or health of citizens, and the acceptable risk of harm (damage) from fires. Goals and objectives. The purpose of the study is to develop the procedure for assigning protection objects to a certain category of risk of harm (damage) based on estimates of the probability of fires with the corresponding severity consequences, to determine the acceptable level of risk of harm (damage) due to the fires, to calculate and develop numerical values of criteria for assigning objects of protection to the appropriate risk categories. Methods. The boundaries of the intervals corresponding to certain risk categories are determined by dividing the logarithmic scale of severity of adverse effects of fires into equal segments. Classification methods are used to assign objects of protection to a specific risk category. Results and discussion. Based on the level of severity of potential negative consequences of a fire, risk categories were determined for groups of protection objects that are homogeneous by type of economic activity and by functional fire hazard classes. The risk category for each individual object of protection is proposed to be determined using the so-called index of "identification of a controlled person" within a group of objects that are homogeneous by type of economic activity and class of functional fire hazard. Depending on the risk category, the periodicity of planned control and supervision measures in relation to the specific object of protection under consideration is determined, taking into account its socio-economic characteristics and the state of compliance with fire safety requirements by the controlled person. Conclusions. To develop criteria for classifying protection objects that are homogeneous in terms of economic activity and functional fire hazard classes, the probability of negative consequences of fires, that are causing harm (damage) of various extent and severity to the life or health of citizens, and the acceptable risk of causing harm (damage) as a result of fires, is used. The risk category for each individual object of protection is determined taking into account socio-economic characteristics of the object that affect the level of ensuring its fire safety, as well as the criteriaof integrity of the subordinate person that characterize the probability of non-compliance with mandatory fire safety requirements at the object of protection. Calculations are made and numerical values of criteria for assigning protection objects that are homogeneous in terms of economic activity and functional fire hazard classes to a certain category of risk are proposed. Key words: object of protection, probability of fire, acceptable level of risk, risk category, dangerous factor of fire, death and injury of people.


1996 ◽  
Vol 13 (4) ◽  
pp. 497-517
Author(s):  
Abdel Rahman Ahmed Abdel Rahman

Public bureaucracies, a general term including government agenciesand departments in the areas of public utilities, social services, regulatoryservices, security, and law enforcement, are indispensable to our welfare;we need them for the provision of these basic services. To provide theseservices, bureaucracies need such resources as power and money. Thepower of bureaucracies is compounded by their virtual monopoly of technicalexpertise, which puts bureaucrats at the forefront of public policymaking.Indispensable to our welfare though they are, public bureaucracies alsopose a potential threat. In view of the technical knowledge they have andtheir consequent important role in policy making, they may dominate publiclife. In other words, they may develop into a power elite and, as a result,act as masters of the public rather than as its servants. More disturbingly,they may not use the public trust to serve the public or respond to its needs.Still more disturbingly, they may breach the public trust or abuse the powerentrusted to them.All of these possibilities have given rise to a widespread fear ofbureaucracy. In some societies, this fear has reached pandemic levels.Fear of bureaucracy is not unwarranted; there is a consensus and concernin administrative and academic circles that the degree of bureaucraticaccountability has declined in both developed and developingcountries. A central issue with public bureaucracy has always beenhow to make it behave responsibly or in the public interest. Despite aplethora of mechanisms for ensuring administrative responsibility orbureaucratic responsiveness, many public bureaucracies may still be unresponsive and unaccountable ...


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).


2015 ◽  
Vol 16 (1) ◽  
pp. 74-76
Author(s):  
Miriam Fisher ◽  
Brian McManus

Purpose – To explain the details and implications of a September 9, 2014 federal indictment, US v. Robert Bandfield, the first time a Foreign Account Tax Compliance Act (FATCA) violation has been charged as an “overt act” in furtherance of a tax conspiracy and securities fraud. Design/methodology/approach – Provides background, including the enactment of FATCA and the details of the indictment; describes an undercover investigation conducted by President Obama’s Financial Fraud Enforcement Task Force; and discusses the warnings this indictment sends to the global financial community. Findings – The indictment confirms the coordinated and aggressive tactics US law enforcement is now employing to investigate and prosecute offshore financial fraud. Practical implications – Banks and financial service providers need to be aware of the impact of enhanced US regulatory obligations and implement appropriate compliance measures. These institutions must also remain sensitive to risks presented by unscrupulous customers. Finally, they must be ready to manage appropriately information-gathering and investigatory inquiries originating with US authorities. Originality/value – Practical guidance from experienced tax controversy lawyers.


Author(s):  
A. Nikolayeva ◽  
O. Gorbunova

When designing and implementing BIM technologies, it is of particular importance to take into account fire safety requirements to eliminate errors in the decisions made, as well as for safe operation in the future. This topic is very relevant today and the need for compliance with fire safety requirements is very high. To solve these problems, the use of modern software products, such as Autodesk Revit, can play a huge role. The use of such programs makes it possible to significantly speed up the design process of all systems of the building under construction, as well as to develop an information model in detail, which will allow an objective assessment of accidents and provide objective information about them. These technologies make it possible to fully design buildings and structures, having calculated all the processes, to provide the most effective solutions at all stages of the project, which reduces costs and reduces the time of commissioning of the object. The article reveals the concept of BIM technologies, their main advantages, and application experience.


Author(s):  
L. V. Vovkivskaya ◽  
E. V. Savostina

Analysis of the legal positions of arbitration courts in cases of violation of antimonopoly legislation regarding the consideration of issues: the statute of limitations for bringing to administrative responsibility, the grounds for refusing to provide state preference, the consideration of complaints about the actions of bidders/operators carried out during the mandatory procedures applied in the bankruptcy case.Objective: to develop uniform approaches in law enforcement practice in cases of violation of antitrust laws.


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