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On State Regulation Of Production And Use Of Coal, About The Peculiarities Of Social Protection Of Workers In The Coal Industry

Original Language Title: О государственном регулировании в области добычи и использования угля, об особенностях социальной защиты работников организаций угольной промышленности

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RUSSIAN FEDERATION FEDERAL LAW About State Regulation on Production and the Use of Coal, About the Features Employees ' Social Protection coal organizations adopted by the State Duma on 17 May 1996 approved by the Federation Council on 5 June 1996 (In the wording of federal laws dated 07.08.2000 g. N 122-FZ; of 22.08.2004 N 122-F; 12.06.2006 N 84-FZ; of 24.07.2007 N 213-FZ; of 23.07.2008 N 160-FZ; of 30.12.2008 N 309-FZ; 26.07.2010 N 186-FZ; of 03.05.2011 N 90-FZ; dated 19.07.2011 N 248-FZ; of 10.07.2012 N 112-FZ; 04.03.2013 N 22-FZ; from 14.10.2014 N 307-FZ) This Federal Law defines the basis of state policy in the field of extraction (processing) and use of coal (oil shale), as well as regulates relations arising from Implementation of the activities in this field. The peculiarity of state policy in the field of extraction (processing) and the use of coal (oil shale) is as follows: (In the wording of the Federal Law from 22.08.2004. N 122-FZ ) coal(combustible shale) and its processing products are the most reliable and socially significant energy; (In the wording of Federal Law from 22.08.2004. N 122-FZ Geological and geological conditions of coal seams of coal (combustible shale) cause particular difficulty and risk of producing (reprocessing) coal (combustible) (...) (...) N 122-FZ the [ (combustible shale) organization] is characterized by high capital intensity, the inertia of the production cycle, and the need for periodic reconstruction; the production process of (refining) coal (oil shale) requires constant investment; (In the wording of Federal Law of 22.08.2004 N 122-FZ ) Production of (Reprocessing) coal (oil shale)as well as the use of private coal (combustible shale) as a The fuel is having a negative impact on the environment; (In the wording of federal laws of 22.08.2004). N 122-FZ; dated 30.12.2008. N 309-F liquidation of (reprocessing) coal production organizations due to the development of coal reserves of (combustible shale) or inefficiency The organizations concerned shall release workers who are not trained for other professional activities and require special measures for their social protection. (In the wording of Federal Law of 22.08.2004) N 122-F) CHAPTER I. GENERAL PROVISIONS Article 1. Key concepts For the purposes of this Federal Act, the following basic concepts are used: the restructuring of the coal industry-a set of measures to restructure the production base Coal (oil shale) coal mining organizations to establish well-functioning coal production (oil shale) organizations, social protection and employment released when coal is restructured of Workers ' Industry as well as the Restructuring environmental problems; financial restructuring of the coal industry-funds allocated in accordance with the Russian Federation's budgetary laws for implementation Activities to finalize the restructuring of the coal industry as well as to ensure the development and sustainability of coal production (oil shale) organizations to meet the needs of the economy and the population fuels; mining works (production) (c) The operation of the Convention on the Safety of Mines and on the withdrawal of explosive gases. Coal seams and developed space up to the established permissible norms; (Paragraph added is the Federal Law of 26.07.2010. N 186-FZ)Elimination of mining impacts-work to eliminate mining activities and exclusion of access to them, dismantling of equipment, demolition of buildings and structures, reclamation of used land and the elimination of other, including environmental, consequences of mining; social obligations-obligations of the State and (or) coal production (oil shale) organizations to workers dismissed in connection with Elimination of coal production (oil shale) organizations, Reduction in the number or state of employees of these organizations during the restructuring of the coal industry and other categories of persons (family members of deceased (deceased) workers of coal production (oil shale) workers and "The Labour Code of the Russian Federation, the Labour Code of the Russian Federation and other units of the paramilitary emergency and rescue units, pensioners and disabled persons working in these organizations" OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federal Act No. N 84-FZ) emergency maintenance of coal production (oil shale) organizations-a set of measures aimed at the prevention of emergency and fire protection of organizations (Reprocessing) coal (oil shale), training in the safety of workers in these organizations, as well as emergency and urgent action to rescue people, fire fighting, blast, sudden discharge of coal and gas, mining impacts, rock collapse; Coal (combustible shale) organization-a legal entity created to produce coal (oil shale), coal (shale) and its processing; coal use -Use of coal to burn in industrial, household thermal appliances, for the purpose of obtaining solid, liquid and gaseous purified energy resources, products for the chemical and medical industries; Work with hazardous working conditions-production processes and types of work, The mining and geologic and gas-dynamic factors that pose a threat to coal (oil shale) workers and technological processes; harmful working conditions-production processes and (or) types of work, accompanied by factors that endanger the health of workers; post-parting rehabilitation-a set of biomedical effects on the organism workers after working shifts for the restoration of physical or psychophysiological disorders caused by harmful working conditions; ration coal, a measure of social support, which provides for the provision of coal for domestic use in accordance with this Federal Law. (The article in the Federal Law of 22.08.2004) N 122-FZ) Article 2. Legislation on State regulation in the (Recycled) (Recycled) and { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024} coal { \cs6\f1\cf6\lang1024 } { \b } { \b } The social protection of workers in production organizations (recycling) coal (oil shale) (In the wording of Federal Law from 22.08.2004 N 122-FZ Law on the State regulation of the production of (processing) and the use of coal (combustible shale), on the features of social protection of employees of organizations Production (processing) of coal (oil shale) is based on the Constitution of the Russian Federation, of 22.08.2004 N 122-FZ) Article 3. The scope of this Federal Law This Federal Act applies to mining (oil shale), mine-building, rescue and rescue operations. Maintenance of coal production (oil shale) organizations, mining operations, provision of social guarantees to workers in these organizations and others categories of persons, as well as State oversight activities safe management of coal (oil shale) production. (In the wording of the federal laws of 22 August 2004, N 122-F; 12.06.2006 N 84-FZ; of 14.10.2014 N 307-FZ) Chapter II. PUBLIC RELIGION, CONTROL AND FINANCING RESTRUCTURING OF THE COAL INDUSTRY (In the wording of Federal Law from 22.08.2004. N 122-FZ) Article 4.(Spconsumed by Federal Law of 22.08.2004) N 122-FZ) Article 5. The principles of state regulation and financing of coal industry restructuring 1. State regulation and financing of coal industry restructuring is based on the following principles: autonomy of the determination of coal (oil shale) coal production organizations (oil shale) Social policy within the limits prescribed by the legislation of the Russian Federation; State funding for restructuring of the coal industry and the formation of a social policy in respect of separations workers and other categories of persons in the liquidation of mines (cuts) Coal industry, mine-mining organizations or coal mining organizations (oil shale), if some of the shares in the said mines and organizations were or are in federal property during their liquidation, units of paramilitary emergency and rescue units, as well as the dismissal of workers from coal mining organizations (oil shale) prior to the sale of a package of shares in federal property, or prior to the bankruptcy of these organizations, whose shares were of the Russian Federation as a contribution to the authorized capital of open joint-stock companies; (in the wording of federal laws dated 24.07.2007 N 213-FZ; dated 03.05.2011 N 90-FZ) Provision of additional (above statutory) social support for workers dismissed in the liquidation of coal (oil shale) organizations and other categories of persons at the expense of funds of these organizations, as well as the federal budget allocated to the financial support of the restructuring of the coal industry. (...) (...) N 84-FZ) 2. The financing of the restructuring of the coal industry is financed from the federal budget in accordance with the Federal Law, the federal law on the federal budget for the corresponding year, and other federal budget funds. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. The list of activities for the restructuring of the coal industry and the procedure for their financing are determined by the Government of the Russian Federation. 4. The restructuring of the coal industry, which affects the activities of federal unitary enterprises in coal mining, is carried out in compliance with the requirements of Russian legislation by the Government of the Russian Federation. THE RUSSIAN FEDERATION 5. The restructuring of the coal industry, which affects the activities of coal (oil shale) coal mining organizations (oil shale), is carried out in compliance with the requirements of the legislation of the Russian Federation at the expense of the Russian Federation. The owner of the organization. (The article in the Federal Law of 22.08.2004) N 122-FZ) Article 6.(Unused-Federal Law of 22.08.2004) N 122-FZ) Article 7.(Unused-Federal Law of 22.08.2004) N 122-FZ) Article 8.(Unused-Federal Law of 22.08.2004) N 122-FZ) Article 9. State regulation of coal quality (combustible shale) 1. In order to ensure the quality of coal (combustible shale) and improve the safety of life and health of citizens, environmental safety in the use of coal (oil shale) is developed in accordance with the established national standards and standards Coal (oil shale) coal, combustible shale, and processing products. 2. Confirmation of the conformity of coal products is carried out in accordance with the legislation of the Russian Federation on technical regulation. (In the wording of the Federal Law of 19 July 2011, N 248-FZ) (Article in the wording of the Federal Act of 22 August 2004). N 122-FZ) Article 10. Mandatory statistical, accounting and other reporting of coal (oil shale) Production (oil shale) organizations Their forms of ownership are also required to supply information of a technical and economic nature, including in the area of occupational safety and security, to the federal executive branch in the energy sector in accordance with the list, forms and in the manner in which The federal executive authorities responsible for approving the forms of accounting and statistical reporting and instructions for completing them. (...) (...) N 122-FZ) Article 11. Long-term contracts for the supply of (combustible shale) and its processing products (Federal Act from 22.08.2004. N 122-FZ) 1. In order to ensure the stability of coal production (oil shale) operations, the coal consumers of (combustible shale) enter into long-term contracts with these organizations The supply of coal to (combustible shale) and (or) its processing products in accordance with the Civil Code of the Russian Federation. (In the wording of Federal Law of 22.08.2004) N 122-F) 2. The standard terms of long-term contracts for the supply of coal to (combustible shale) and (or) products of its processing are determined by the Government Plenipotentiary of the Russian Federation authorities. (In the wording of the federal laws of 22.08.2004) N 122-FZ; of 23.07.2008 N 160-FZ) 3. The procedure for entering and agreeing on the terms of the contracts for the supply of coal to (combustible shale) and its processing for public needs is determined by the relevant federal law. (In the wording of Federal Law of 22.08.2004) N 122-FZ) Article 12. Use of coal (combustible shale) (In the wording of Federal Law of 22.08.2004) N 122-FZ) 1. For the use of industrial installations and utility boiler plants, the coal (combustible shale)may be used to meet the specifications of the fuel for the specified purposes. (In the wording of Federal Law of 22.08.2004) N 122-F) 2. Consumers are obliged to use the angle (combustible shale) only on purpose. In the case of the use of an angle of (combustible shale) in the furnaties of industrial installations and utility boilers, process processes for which it is not suitable for fuel for the specified purposes, or in cases realization of the coal (combustible shale) to another consumer for use in specified plants, boilers, processes in which it cannot be used in terms of quality, the consumer is responsible in accordance with OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federal Law of 22.08.2004 N 122-FZ Chapter III. STORAGE OF THE PROTECTION, INDUSTRIAL SAFETY OF GUARANTEES (In the wording of Federal Law from 22.08.2004. N 122-FZ) Article 13. Safety principles for mining (Reprocessing) coal (oil shale) Mining considerations, mining (oil shale) operations, continuous movement jobs and constantly changing conditions in these workplaces, the complexity of the geological conditions of coal seams, the negative impact of coal (oil shale) production on the earth's surface and the environment The need to establish the following security principles Work safety: (In the wording of Federal Law of 30.12.2008) N 309-FZ) Priority of human security and the environment; State regulation of regulations and rules for safe work; creating safe and healthy working conditions in each workplace, To ensure the safe keeping of technological processes in accordance with the norms and rules for safe maintenance of coal (oil shale) production. (The article in the Federal Law of 22.08.2004) N 122-FZ) Article 14. State regulation of safe maintenance mining (processing) coal (oil shale) 1. The rules and conditions for safe mining, which are mandatory for coal mining (oil shale) organizations, are determined by federal laws and other regulatory legal acts of the Russian Federation. (In the wording of the Federal Law of 19 July 2011, N 248-FZ) 2. Mine ventilation and gas-freeing operations are carried out in mining (oil shale) coal (oil shale) in order to reduce the amount of explosive gases in the mines, coal seams and worked out permissible norms. The permissible norms for the content of explosive gases in the mine, coal seams and the resulting space in excess of which gas-freeing are mandatory, shall be established by the Government of the Russian Federation. (Article in the wording of the Federal Law of 26.07.2010). N 186-FZ) Article 15. State supervision of the safe maintenance mining (processing) coal (combustible shale) State supervision of the safe conduct of coal (reprocessing) coal (fuel) ) is an integral part of the State supervision of the safe conduct of work related to the use of the mineral resources (State Mining Supervision) and is carried out by the authorized federal executive authority in the exercise of the of State oversight in the field of industrial OF THE PRESIDENT OF THE RUSSIAN FEDERATION In the wording of the Federal Law of 14.10.2014, N 307-FZ) Article 16. Emergency/rescue services of organizations Production (Refining) coal (oil shale) Production (oil shale) Organization (oil shale), irrespective of their form of ownership, is subject to compulsory rescue services on a contractual basis. The Government of the Russian Federation determines the procedure for the operation of the rescue service for coal (oil shale) coal production organizations (oil shale), taking into account the risk of accidents. (...) (...) N 122-FZ) Article 16-1. Unified Industrial Management System Occupational Safety and Health Labour. (Article supplemented-Federal Act of 22 August 2004. N 122-FZ) (In the wording of the Federal Law of 04.03.2013) N 22-FZ) Article 16-2. Auxiliary mine-action teams Coal mining companies (combustible shale) are obliged to create auxiliary fire-burning teams in accordance with the procedure established by the federal executive authority; The role of the State in the formulation and implementation of public policy, the regulation of civil defence, and the protection of the population and territories from emergency situations. (The article is supplemented by the Federal Law of 04.03.2013). N 22-FZ) CHAPTER IV. LABOUR STANDARD AND DANGER WORK AREAS OF DANGER AND HAZARDOUS THEMES (PERFORMANCE) (PERFORMANCE) class="ed"> (In the Federal Law of 22.08.2004) N 122-FZ) Article 17.(Spil-off Federal Law of 22.08.2004) N 122-FZ) Article 18. N 122-FZ) Article 19. Protection of the health of workers of mining organizations (Reprocessing) coal (oil shale) employed in work with hazardous and/or hazardous conditions work 1. Workers employed in heavy work and hazardous and/or hazardous work conditions (oil shale), rehabilitation and periodic, at least once every two years medical examinations; are provided with treatment for diseases caused by the said works. 2. The costs of post-parting rehabilitation, periodic medical examinations and the treatment of the employees referred to in paragraph 1 of this article shall be reimbursed by the organizations of the coal (shale) industry. 3. The procedure and conditions for post-secondary rehabilitation, periodic medical examinations and the treatment of workers employed in arduous work and work with hazardous and (or) hazardous conditions for coal (oil shale) are defined by the federal health authority. (...) (...) N 213-FZ (Article in the wording of Federal Act of 22 August 2004) N 122-FZ) Article 20.(Unused-Federal Law of 22.08.2004) N 122-FZ) Article 21. Social support for workers in the quarrying (oil shale) and other categories (In the Federal Law of 12 June 2006) N 84-FZ) 1. Social support for workers and pensioners of coal (oil shale) organizations is established in accordance with the legislation of the Russian Federation, agreements and collective agreements at the expense of these organizations. 2. The Organization for Coal (Refining) Coal (Oil shale), by its own means, provides free of charge carbon, the standards of which cannot be lower than the standards set by the Government of the Russian Federation, the following categories of persons, Living in houses with heating oil or in homes with kitchens, which are equipped with hearths: (In the wording of the Federal Law 12 June 2006 N 84-FZ) employees of the organization; pensioners whose pensions are assigned to work in these organizations; disabled workers, persons with disabilities for the general disease, if they were entitled to receive the ration Before the onset of the disability; families of the dead (deceased) workers of these organizations, if the wife (husband), parents, children and other disabled family members are entitled to a survivor's pension; widows (widowers) of former employees of these organizations. (The article in the Federal Law of 22.08.2004) N 122-FZ) Article 22. Compensation for the death of an employee of the organization Production (Refining) Coal (oil shale), employed in hazardous and/or harmful working conditions In the case of The death of an employee of the coal (oil shale) organization employed in hazardous and/or hazardous work conditions, or in the event of death of a disabled person associated with the injury sustained in the workplace, to each member of the family the person dependent on his or her dependants, in addition to the compensation provided for The Labour Code of the Russian Federation and other federal laws provide for a lump-sum benefit from these organizations in order and under conditions determined by agreements and collective agreements. (...) (...) N 122-FZ Article 23. Social support provided by dismissed workers and other categories of persons (In the revision of Federal Law dated 12.06.2006 N 84-FZ 1. of the Russian Federation on the work of social support measures for employees who are laid off in the liquidation of coal (oil shale) workers who are not employed on the day of employment in such organizations. For less than five years and the right to pension provision in accordance with the legislation of the Russian Federation, a lump sum of 15 per cent of the average wage for each year of work in the mining organizations (processing) is provided. of coal (oil shale). 2. Workers in the disposal of coal (oil shale) coal production organizations (oil shale) with at least ten years ' experience and have reached retirement age in areas of the Far North and similar locations According to the legislation of the Russian Federation, housing is provided for the new place of residence in accordance with the legislation of the Russian Federation. 3. For workers entitled to a pension under the laws of the Russian Federation and work experience of at least 10 years in coal production (oil shale) organizations, paramilitary units rescue units, mine-building organizations, on termination of these organizations or when fired from coal (oil shale) extraction organizations (oil shale) before the sale of the package shares of these organizations in federal property, or prior to the liquidation of The relations with the bankruptcy of these organizations, the packages of which were in federal property were made by the decision of the Government of the Russian Federation as a contribution to the authorized capital of open joint-stock companies, Supplementary pension (non-State pensions). (In the wording of the federal laws of 24.07.2007) N 213-FZ; dated 03.05.2011 N 90-FZ) 4. In case of sale of coal (oil shale) in federal ownership or liquidation of coal mines (cutting) of coal mines, units of paramilitary emergency units free of charge coal is provided to the following categories of persons if they live in coal-producing regions in heating houses or in homes with kitchens, and if they have been used by coal, sales of the coal (oil shale) coal mining (oil processing) package, in federal property, or before the removal of the coal mines (cuts), units of paramilitary emergency units: (In the wording of the Federal Law dated 12.06.2006 N 84-FZ) families of coal mine workers (cutting) workers and units of paramilitary rescue units, dead (deceased) in the performance of their work duties or due to occupational disease, if the wife (husband), parents, children and other disabled members of the families of these workers receive a survivor's pension; (In the wording of the Federal Law dated 12.06.2006 N 84-FZ) pensioners who worked for at least ten years in mines (sections), paramilitary rescue units whose pensions are assigned to work in coal (fuel) mining organizations (refineries) ) and the paramilitary rescue units; widows (widowers) of former workers of the organizations; disabled workers, persons with disabilities in general illness, if they were entitled to the right to obtain a ration pack The onset of disability. 5. Workers released during the liquidation have priority right to purchase the production facilities of liquidated coal (oil shale) organizations or to lease them for the organization of business and individual working life. (The article in the Federal Law of 22.08.2004) N 122-FZ) Article 24. The funding sources for the social support 1 . The social support measures set out in article 23, paragraphs 1 and 2, of this Federal Act are implemented by: 12 June 2006 N 84-FZ; of 24.07.2007 N 213-FZ ) , with the federal budget for the restructuring of the coal industry, the liquidation of coal (oil shale) organizations, some of whose shares was or is located in federal property during their liquidation; at the expense of own funds of the coal (oil shale) coal mining organizations (oil shale) Other forms of ownership (as amended by the Federal Act of 12 June 2006). N 84-FZ). 2. The social support measures set out in article 23, paragraph 3, of this Federal Act are carried out at the expense of the coal (oil shale) coal production organization (s) in the liquidation of these organizations, except in the case of as provided for in paragraph 3 of this article. (The paragraph is amended by the Federal Law of 24.07.2007). N 213-FZ 3. In the liquidation of coal production (oil shale) organizations, some of whose shares were or are in federal property during their liquidation, mining organizations, some of whose shares were or are in the Federal property during their liquidation, units of the paramilitary rescue units, as well as the dismissal of workers from the coal (oil shale) organization prior to the sale of the shares of these organizations, in federal property, or pending liquidation in connection with bankruptcy These organizations, whose shares were in federal property, were made by decision of the Government of the Russian Federation as a contribution to the authorized capital of open joint-stock companies, the social support measures established by the paragraph Article 23 of this federal law shall be implemented at the expense of the federal budget, provided for in the federal budget for the restructuring of the coal industry, in the order and under the conditions determined by the Government of the Russian Federation. THE RUSSIAN FEDERATION (...) (...) N 213-FZ) (In the wording of the Federal Law of 3 May 2011) N 90-FZ)4. The social support measures set out in article 23, paragraph 4, of this Federal Act are carried out at the expense of the coal (oil shale) coal production organization (s) in the liquidation of these organizations, except in the case of as provided for in paragraph 5 of this article. (The paragraph is amended by the Federal Law of 24.07.2007). N 213-FZ) 5. In the liquidation of the coal mine (s), part of which was or was being held in federal property during the liquidation period, the units of the paramilitary emergency units and the dismissal of workers from (Reprocessing) coal (oil shale), prior to the sale of a package of shares in federal property, the social support measures set out in article 23, paragraph 4, of this Federal Act are Federal budget for the federal budget Restructuring of the coal industry, in order and under the conditions determined by the Government of the Russian Federation. (The paragraph is amended by the Federal Law of 24.07.2007). N 213-FZ) (Article in the wording of the Federal Act of 22 August 2004). N 122-FZ) Article 25. Labour discipline, professional Production of coal (oil shale) and training and promotion workers qualifications of employees of designated organizations mining and blasting 1. The labour discipline of the workers of coal (oil shale) workers in the performance of their work in the said organizations, the requirements for the training of such workers, liability for breaches of labour discipline, norms and OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. Workers in the coal production (oil shale) management organizations responsible for mining and blasting activities are upgrading their skills at least once every five years and, where necessary, professional retraining Educational organizations with State accreditation, in accordance with federal government requirements to minimize the content of additional professional educational programmes and the level of professional retraining of data persons. 3. The federal government requirements set out in paragraph 2 of this article shall be established by the federal executive body responsible for the formulation and implementation of public policies and regulations in the field of human rights. In coordination with the federal executive body, which is responsible for the development and implementation of the state policy and regulatory framework in the sphere of fuel and energy complex, the federal body the executive authority responsible for the preparation and Implementation of State policy and regulatory and legal regulation in the sphere of labour, and the federal executive body responsible for the formulation and implementation of public policy and regulatory and legal regulation in the sphere of labour Industrial safety. (Article as amended by the Federal Law of 10 July 2012) N 112-FZ) CHAPTER V. CONCLUDING PROVISIONS Article 26. The responsibility for the violation of the provisions of this Federal Act is determined in accordance with the law of the Russian Federation. Article 27. The procedure for the entry into force of this Federal Law This Federal Law shall enter into force on the date of its official publication. Article 28. The regulation of legal acts in conformity with this Federal Law 1. Invite the President of the Russian Federation and instruct the Government of the Russian Federation to bring their normative legal acts into conformity with this Federal Law. 2. The Government of the Russian Federation shall ensure that the federal organs of the executive branch bring their regulatory legal acts into conformity with this Federal Law. 3. The legal acts of the Russian Federation, before they are brought into conformity with this Federal Law, shall be applied in part not contrary to this Federal Act. President of the Russian Federation Yeltsin Moscow, Kremlin 20 June 1996 N 81-FZ