The Administrative Liability Of Enterprises, Institutions, Organizations And Associations For Offences In The Field Of Construction

Original Language Title: Об административной ответственности предприятий, учреждений, организаций и объединений за правонарушения в области строительства

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Spagle Force-Federal Law of 30.12.2001 N 196-FZ A A C O. N On administrative responsibility of enterprises, institutions, organizations and associations for offenses Construction of (In the wording of Federal Law of 16.11.97) N 144-FZ) This Act establishes the administrative responsibility of enterprises, institutions, organizations and associations (hereinafter referred to as enterprises) for construction offences and aimed at strengthening State supervision of the quality of construction and maintenance of the reliability of buildings, structures and structures. Article 1. Construction offences The construction offence is understood to be non-compliance with the mandatory requirements of public standards, technical conditions, construction rules and regulations, projects and other regulations. Construction and industry of construction materials, which reduces and loses the strength, stability, reliability of buildings, structures, structures, their parts or selected structural elements of the construction materials construction materials, structures and products, and In violation of the established organizational and legal order of construction of objects and acceptance into service. Article 2: Administrative Liability for Building Offences 1. Enterprises, regardless of their departmental ownership and forms of ownership, perform design, construction, construction materials, construction materials, construction or manufacturing facilities The customer and the contractor are liable to a fine imposed by administrative order for the following offences: for the construction of an object without the permission obtained, in the amount of 100,000 roubles; Violation of mandatory regulations in the field of Construction of construction materials, construction materials, construction materials, construction materials, construction materials, construction materials, construction materials, construction materials, construction materials, construction materials, construction materials, construction materials, construction materials, construction materials, construction materials, construction materials, construction materials, construction materials, construction materials, construction materials, construction materials, construction materials, construction materials, construction materials, construction materials, construction materials and construction materials Strength, stability, reliability of buildings, structures, structures, their parts or individual structural elements: in the amount of seven hundred and fifty thousand roubles, one million roubles, if the breach caused a loss of strength, Resilience; in the amount of 500 thousand rubles to 50,000 rubles ($1,500,000), if the violation caused a decline in strength, stability; in the amount of 50,000 rubles ($1,500,000) to 5,000 rubles if the breach caused a loss of reliability; In the amount of ten thousand roubles from ten thousand rubles to two hundred and fifty thousand roubles; activities without a licence in the amount of Two hundred and fifty thousand roubles; for violation of the object acceptance rules in the amount of 100,000 roubles. 2. The amounts of the fines provided for in paragraph 1 of this article shall be indexed in accordance with the procedure established by the legislation of the Russian Federation. 3. The State Architects and Construction Supervision bodies of the Russian Federation have suspended the license for construction activity for a period of up to three months during the year. 4. The imposition of a fine does not absolve the perpetrators of the duty of elimination and reparation. 5. The representative bodies of the republics of the Russian Federation, the autonomous region, autonomous regions, territories, regions and cities of Moscow and St. Petersburg are entitled to adopt legal acts establishing in their territories Administrative liability for other types of construction offences, other amounts of fines, but not higher than the upper limits of the penalties established for the offences in question under this Act. Article 3. Organs dealing with offences in the area of construction 1. The offences referred to in this Law shall be considered by the organs of the State Architecation and Construction Supervision of the Russian Federation in accordance with the procedure established by Chapter 21 RSFSR Code of Administrative Offences and this Law. 2. The Head of the Federal State Architects and Construction Authority is entitled to deal with offences in the field of construction and impose fines on behalf of the State Architects and Construction Supervision bodies of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION and St. Petersburg, the cities of the republican, regional subordination and their deputies. 3. The exact amount of the fines imposed is determined by the officials who deal with the offence, depending on the nature and type of offence that has occurred or may have its consequences. 4. The State Architecture and Construction Supervision bodies of the Russian Federation are also considering cases of construction offences under this Act, according to the views of the heads of other State oversight bodies. the authorities. Article 4. Enforcement of the imposition of a fine and directions for the use of collected amounts 1. The decision of the official of the State Architecture and Construction Supervision Authority of the Russian Federation is the basis for the recovery of a fine for an offence in the field of construction. The fine is made by the enterprise in the relevant budgets within ten days from the date of the imposition of the fine. After a period of 10 days, the fine shall be recovered from the company's settlement account in indisputable procedure by the relevant body of the State Tax Service of the Russian Federation. 2. The enforcement of a fine, in the event that a complaint is filed by the enterprise, is suspended under article 5 of this Act for the period for consideration of the complaint by the official of the higher authority of the State of the Russian Federation 3. Fines are included in the relevant budgets. For offences committed: in the construction industry and industry of building materials related to federal property, as well as in the construction of objects financed from the Republic of Kazakhstan of the Russian Federation budget-50% of the amount of the fine is transferred to the republican budget of the Russian Federation and 50% to the corresponding republican budget of the republic in the Russian Federation, the regional budget of the province, the regional budget Regions, regional budget of the autonomous region, district budget of the Autonomous District, the city budgets of the cities of Moscow and St. Peterburg; at enterprises of construction industry and industry of construction materials classified as state property of the republics of the Russian Federation, as well as In the construction of objects financed from republican budgets of the republics within the Russian Federation, the transfer shall be carried out in accordance with the procedure established by the legislation of these republics; the construction industry and the construction industry, Regions, regions, autonomous regions and autonomous regions, cities of Moscow and St. Petersburg, as well as in the construction of objects financed from the regional budget of the province, the regional budget The regional budget of the autonomous oblast, the regional budget of the Autonomous District, the city budgets of Moscow and St. Petersburg, the amount of the fine is transferred to the republican budget of the Russian Federation and 80% to the corresponding budget. Regional budget, oblast budget, regional budget of the autonomous oblast, the district budget of the autonomous district, the city budgets of Moscow and St. Petersburg; , in the construction industry and in the industry of construction materials of municipal and non-state forms of ownership, as well as in the case of Construction of objects financed from any other sources-20% of the amount of the fine is transferred to the corresponding regional budget of the province, the regional budget of the region, the regional budget of the autonomous region, the district budget district and 80 per cent of the district budget The city budget. 4. According to the decision of the relevant bodies of state power and management up to 15% of the collected fines, they are sent to the account of the relevant body of the State architectural and construction supervision of the Russian Federation to strengthen it Logistics and social facilities. Article 5. An appeal against the actions of officials of the reviewing cases in the area of construction 1. The decision on the construction offence may be appealed in accordance with the established procedure to a higher official of the State Architecture and Construction Oversight Authority of the Russian Federation within ten days from the date of ruling. In this case, the application of the fine shall be suspended for a period of one month for the consideration of the complaint. 2. If an enterprise that has committed an offence does not agree with the decision of a superior, the order may be appealed to the court in accordance with the procedure established by law. Article 6. The responsibility of the organs of the State of the Russian Federation State architectural and construction supervision of the Russian Federation suffered losses to the enterprise, it is entitled to apply to the Arbitration Court with a claim against the relevant body of the State Architects and Construction Supervision. OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of Federal Act No. N 144-FZ) President of the Russian Federation B. AGREN Moscow, House of the Russian Federation 17 December 1992 N 4121-I