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

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102020371

Expired-the Federal law dated out N 196-FZ z and c o n RUSSIAN FEDERATION about administrative responsibilities of enterprises, institutions, organizations and associations for offences in the field of construction (as amended by the Federal law of 16.11.97 N 144-FZ) of this law establishes the administrative responsibility of the enterprises, institutions, organizations and associations (hereinafter referred to as "enterprises") for violations in the sphere of construction and aims to strengthen public supervision over the quality of construction and ensuring the serviceability of buildings , buildings and structures.
Article 1. Offence in the field of construction under the offence in the field of construction refers to non-compliance with the mandatory requirements of State standards, specifications, building codes, projects, other normative acts in the field of construction and building materials industry, entailing the reduction and loss of strength, stability, reliability of buildings, structures, their parts or separate constructive elements, strength parameters produced building materials, designs and products, as well as actions which violate the established legal order construction of objects and their acceptance into operation.
Article 2. Administrative responsibility for violations in the sphere of construction 1. Enterprises regardless of their form of ownership and departmental subordination, performing design, construction and installation work, producing building materials, structures and products that are customer in constructing or combining functions of the customer and the contractor were subject to fines, imposed administratively for the following offences: for the construction of an object without resulting in the prescribed manner-in the amount of one hundred thousand roubles;
for violations of the mandatory requirements of the normative acts in the field of construction when you run the project, construction and erection works, production of building materials, structures and products, resulting in reduced strength parameters produced building materials, designs and products, reduction or loss of strength, stability, reliability of buildings, structures, their parts or individual structural elements: in the amount of seven hundred and fifty thousand rubles to one million rubles, if violation entailed loss of strength sustainability;
in the amount of 500 thousand rubles to seven hundred and fifty thousand rubles if the violation resulted in reduced strength, sustainability;
in the amount of fifty thousand rubles to 500 thousand roubles if the violation resulted in reduced reliability;
for failure to perform or delay in performance of the prescriptions issued by organs of the State architectural and construction supervision of the Russian Federation, in the amount of ten thousand rubles to two hundred and fifty thousand rubles;
for the implementation of the construction activity without license in the established order received in the amount of two hundred and fifty thousand rubles;
for violation of the rules of acceptance into operation at a rate of 100 thousand rubles.
2. the amounts of the fines provided for in paragraph 1 of this article shall be subject to indexation in the manner prescribed by the legislation of the Russian Federation.
3. Repeated committing during the year uniform offences the State architectural and construction supervision of the Russian Federation to suspend a licence for carrying out construction activities for up to three months.
4. Fines shall not relieve perpetrators from the obligation to address them and redress violations.
5. Representative bodies of State power of the republics within the Russian Federation, the autonomous region and autonomous areas, territories, oblasts, cities of Moscow and St. Petersburg shall have the right to take legal acts establishing their territories administrative responsibility for other types of offences in the field of construction, other fines, but not above the upper limits of sanctions prescribed for the relevant offence in this Act.
Article 3. Bodies dealing with offences in the field of construction 1. Cases of offences stipulated by this law, are considered by the State architectural and construction supervision of the Russian Federation in the manner prescribed by chapter 21 of the code of CRIMINAL PROCEDURE of the RSFSR on administrative offences and the present law.
2. To hear cases concerning offences in the field of construction and impose fines on behalf of State architectural and construction supervision of the Russian Federation has a right to the head of the federal body of the State architectural and construction supervision of the Russian Federation and his deputies, heads of State architectural and construction inspection oversight of the Russian Federation republics within the Russian Federation, the autonomous region and autonomous areas, territories, oblasts, cities of Moscow and St. Petersburg, major cities, provincial, oblast subordination and their deputies.
3. specific dimensions imposed fines are determined by officials dealing with the case of an offence, depending on the nature and type of offences occurring or possible consequences thereof.
4. the State architectural and construction supervision of the Russian Federation consider the cases of offences in the field of construction, stipulated by the present law, for the views of the heads of other public oversight bodies.
Article 4. Execution of the order tickets and the use of recovered amounts 1. The official ruling body of the State architectural and construction supervision of the Russian Federation is the reason for the fine for an offence committed in the field of construction.
The fine paid by the enterprise in the relevant budgets within ten days from the date of issuance of the tickets. Upon the expiration of ten days a fine is levied from the settlement account of the enterprise in an uncontested procedure the relevant body of the State tax service of the Russian Federation.
2. Pursuant to the Decree on the imposition of a fine in the event of a complaint, the company shall be suspended in accordance with article 5 of this law, at the time for consideration of the complaint of the parent body official State architectural and construction supervision of the Russian Federation.
3. transfer fines produced in the relevant budgets. For offences committed: enterprises of building industry and industry of building materials which are classified as federal property, as well as in construction, funded from the national budget of the Russian Federation, 50 per cent of the amount of the fine shall be transferred to the Republican budget of the Russian Federation and 50 per cent in the corresponding Republican budget of the Republic within the Russian Federation, the marginal edges of budget, regional budgets, the budget of the autonomous region, the district budget Autonomous Okrug City budgets of cities of Moscow and St. Petersburg;
at the enterprises of construction industry and building materials industry, related to State ownership of Republics within the Russian Federation, as well as in the construction of facilities funded from national budgets of Republics within the Russian Federation, the enumeration is performed as prescribed by the legislation of these Republics;
at the enterprises of construction industry and building materials industry, related to public property krais, oblasts, autonomous oblast and autonomous okrugs, the cities of Moscow and St. Petersburg, as well as in the construction of facilities funded from provincial budget edges, provincial budget, the regional budget of the autonomous region, the district budget autonomous district, municipal budgets in Moscow and St. Petersburg, 20 per cent of the amount of the fine shall be transferred to the Republican budget of the Russian Federation and 80 per cent in the corresponding boundary edges of the budget regional budget, area, regional budget of the autonomous region, the district budget autonomous district, city budgets in Moscow and St. Petersburg;
at the enterprises of building industry and industry of building materials of municipal and non-State forms of ownership, as well as in the construction of facilities funded from any other sources, 20 per cent of the amount of the fine shall be transferred into the corresponding marginal budget edges regional budget area regional budget of the autonomous region, the district budget Autonomous Okrug and 80 per cent of the district budget district and urban city budget.
4. by decision of the relevant authorities to 15 per cent of recovered amounts of fines goes to the relevant organ of State architectural and construction supervision of the Russian Federation to strengthen its logistical and social base.
Article 5. Appeal of actions of officers dealing with cases of offences in the field of construction

1. In the case of an offence in the field of construction may be appealed in accordance with the established procedure a higher-ranking official organ of State architectural and construction supervision of the Russian Federation within ten days from the date of issuance of the order. If this Ordinance is suspended for a fine period of one month allowed for consideration of the complaint.
2. In case of disagreement of the enterprise, allowing the offense, with the Decree of the superior officer of the ruling may be appealed in court in accordance with the procedure established by law.
Article 6. Responsibility of the institutions of State architectural and construction supervision of the Russian Federation if the improper performance of their duties, in the application of this Act the authority of State architectural and construction supervision of the Russian Federation caused damages to the enterprise, it may apply to the Court of arbitration of the claim to the appropriate authority of the State architectural and construction supervision of the Russian Federation regarding compensation for damages. (As amended by the Federal law of 16.11.97 N 144-FZ), the President of the Russian Federation, b. YELTSIN Moscow, Russia House Tips December 17, 1992 N 4121-I