FEDERAL STATE FIRE SUPERVISION: PROBLEMS OF BRINGING INDIVIDUALS TO ADMINISTRATIVE RESPONSIBILITY IN CONNECTION WITH CHANGES IN LEGISLATION
Rubrics: PUBLIC LAW (STATE-LEGAL) SCIENCES
Authors:
1.
Saint-Petersburg university of State fire service of EMERCOM of Russia
(Department of Theory and History of State and Law, Professor)
Russian Federation
Russian Federation
2.
The Ministry of Emergency Situations of Russia in the Bryansk region
(department of supervision and preventive work, the interrogator)
Russian Federation
Russian Federation
Type:
Article
Pages:
from 49
to 55
Status:
Published
Received:
14.02.2023
Accepted:
18.03.2023
Published:
21.06.2023
Subject area:
UDK 342.5 Государственная власть. Государственные органы
BBK 67401 Административное право
BBK 67401 Административное право
Language:
Russian
Keywords:
Constitution of the Russian Federation, state control (supervision), EMERCOM of Russia, Federal state fire supervision, fire safety, Code of the Russian Federation on administrative offenses, administrative offenses, control (supervisory) event, controlled person
Abstract (English):
The article is devoted to the problems of bringing to administrative responsibility for violation of fire safety requirements of individuals (citizens of the Russian Federation, foreign citizens and stateless persons) who do not belong to the category of controlled persons in the sense given to this concept by the Federal law «On mandatory requirements in the Russian Federation» and the Federal law «On state control (supervision) and municipal control in the Russian Federation». An obstacle to a correct understanding of the rights of state control (supervision) bodies, including state fire supervision bodies, to bring individuals to administrative responsibility was the wording of the norm of part 31 of Article 28.1 of the Code of administrative offences of the Russian Federation, which provides for the possibility of bringing to administrative responsibility only after conducting a control (supervisory) event in cooperation with a controlled person. The systematic analysis of regulatory legal acts carried out in the article proves that this norm does not apply to individuals who are not controlled persons under the law. In order to unambiguously understand the specified norm of the Code of administrative offences of the Russian Federation, the need for state control (supervision) bodies to fulfill their powers, including state fire supervision, the authors formulated proposals to amend the specified Code and the Federal law «On Fire Safety».
The article is devoted to the problems of bringing to administrative responsibility for violation of fire safety requirements of individuals (citizens of the Russian Federation, foreign citizens and stateless persons) who do not belong to the category of controlled persons in the sense given to this concept by the Federal law «On mandatory requirements in the Russian Federation» and the Federal law «On state control (supervision) and municipal control in the Russian Federation». An obstacle to a correct understanding of the rights of state control (supervision) bodies, including state fire supervision bodies, to bring individuals to administrative responsibility was the wording of the norm of part 31 of Article 28.1 of the Code of administrative offences of the Russian Federation, which provides for the possibility of bringing to administrative responsibility only after conducting a control (supervisory) event in cooperation with a controlled person. The systematic analysis of regulatory legal acts carried out in the article proves that this norm does not apply to individuals who are not controlled persons under the law. In order to unambiguously understand the specified norm of the Code of administrative offences of the Russian Federation, the need for state control (supervision) bodies to fulfill their powers, including state fire supervision, the authors formulated proposals to amend the specified Code and the Federal law «On Fire Safety».
Keywords:
Constitution of the Russian Federation, state control (supervision), EMERCOM of Russia, Federal state fire supervision, fire safety, Code of the Russian Federation on administrative offenses, administrative offenses, control (supervisory) event, controlled person
Constitution of the Russian Federation, state control (supervision), EMERCOM of Russia, Federal state fire supervision, fire safety, Code of the Russian Federation on administrative offenses, administrative offenses, control (supervisory) event, controlled person
