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Amending The Code Of Administrative Offences Of The Russian Federation And The Federal Law On Industrial Safety Of Hazardous Production Facilities "

Original Language Title: О внесении изменений в Кодекс Российской Федерации об административных правонарушениях и Федеральный закон "О промышленной безопасности опасных производственных объектов"

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RUSSIAN FEDERATION FEDERAL LAW amending the Russian Federation Code of Administrative Offences and Federal Act on Industrial Safety hazardous production objects " Adopted by the State Duma on July 9, 2010 Approved by the Federation Council on July 14, 2010 Article 1 Commit to Russian Federation Code of Administrative Offences (Russian Federation Law Assembly, 2002, N 1, Art. 1; N 30, sect. 3029; N 44, st. 4295; 2003, N 27, sect. 2700, 2708, 2717; N 46, st. 4434; N 50, st. 4847; 2004, N 31, sect. 3229; N 34, st. 3529, 3533; N 44, sect. 4,266; 2005, N 1, est. 13, 40, 45; N 13, st. 1075, 1077; N 19, st. 1752; N 27, sect. 2719, 2721; N 30, est. 3104, 3131; N 50, sect. 5247; 2006, N 1, sect. 4, 10; N 2, est. 175; N 6, sect. 636; N 17, sect. 1776; N 18, st. 1907; No. 19, sect. 2066; N 31, st. 3438; N 45, sect. 4641; N 52, sect. 5498; 2007, N 1, st. 25; N 7, est. 840; N 16, stop. 1825; N 26, est. 3089; N 30, est. 3755; N 31, st. 4007, 4008, 4015; N 41, est. 4845; N 46, st. 5553; 2008, N 20, sect. 2251; N 30, sect. 3582, 3604; N 49, sect. 5745; N 52, 6235, 6236; 2009, N 1, st. 17; N 7, est. 777; N 23, st. 2759, 2767; N 26, est. 3120, 3131; N 29, st. 3597, 3642; N 30, stop. 3739; N 48, sect. 5711, 5724; N 52, est. 6412; 2010, N 1, st. 1; N 18, sect. 2145; N 21, est. 2525; N 23, st. 2790) The following changes: 1) in article 3.12: (a) in the second part of paragraph 1, the words "shall be appointed by the judge" are replaced by the word "appointed"; b) in Part 3 of the phrase "Judge on the basis of a person's request," shall be replaced by " The judge, The authority, the official who has designated an administrative penalty in the form of an administrative suspension, on the basis of a request by the person, "shall terminate" shall be replaced by the word "shall terminate"; (2) Part 1 of Article 4.5 after the words " Retail markets "add to", industrial safety "; (3) Article 9.1: (a) the second paragraph of Part 1 should read: " shall entail the imposition of an administrative fine of between 2,000 and 3,000 rubles on citizens; and officials-from 20,000 to 30 thousand rubles or disqualification for a period of six months to one year; for legal persons-from 200 thousand to 300 thousand rubles or administrative suspension of activities for the period of up to ninety days. "; b) paragraph 2 Part 2 in the following wording: " entails an administrative imposition 50,000 rubles ($1,500 to $1,150); and organizations, up to 1 million rubles ($1) in 2015, he said. or the administrative suspension of activities for a period of up to 90 days. "; in) Part 3 should read: " 3. A gross violation of industrial safety requirements or a gross violation of the licence to carry out activities in the field of industrial safety of hazardous industrial facilities- entails the imposition of administrative penalties. A fine of 40,000 to 50,000 rubles or disqualification for a term of one year to two years; for legal entities-from five thousand to one million roubles, or administrative suspension of activities for The following text should be revised to read: " P and m e h and I: 1. A gross violation of industrial safety requirements for hazardous industrial facilities is understood to be a violation of industrial safety requirements that have resulted in imminent threat to life or health. The notion of a gross violation of the terms and conditions of licences to carry out activities in the field of industrial safety of hazardous industrial facilities is established by the Government of the Russian Federation with respect to a particular licensee activities. 2. For the purposes of this article, officials in organizations other than State authorities, other State bodies, local authorities, State and municipal organizations shall be understood to be persons, The authority of the sole executive organ of the organization, as well as the person performing organizational or administrative functions in the organization. Where the authority of a single executive body of an organization is exercised by a legal entity (the managing organization), the official is understood to be a person whose official duties include technical policy matters and industrial safety. In the absence of such a person in the administering organization, the official shall be understood to be the person exercising the authority of the sole executive authority of the administering organization. 3. For the administrative offences referred to in this article, persons carrying out business activities without the entity of a legal entity shall be subject to administrative liability as legal persons. "; (4) Article 19.5: a) to be supplemented with Part 11, to read: " 11. Failure to meet, within a specified period of time, or improper fulfillment of the lawful order of the federal executive authority exercising State control and supervision in the area of safe management of the subsoil use; Industrial safety and security of hydraulic engineering structures,- entails an administrative fine for officials in the amount of between 30,000 and fifty thousand roubles or disqualification for a period of one to three years years; legal persons-from four hundred thousand to seven hundred thousand roubles. "; (b) Add the following note: " P and m e h a and e. For administrative offences under Part 11 of this Article, persons carrying out business activities without the formation of a legal entity shall be subject to administrative liability as legal entities. "; 5) in Article 23.1: a) in Part 1 of the words "Article 9.1, Part 3," shall be replaced by the words "Part 3 of Article 9.1 (in gross violation of licences for industrial safety activities),"; b) in Part 2. the words "Parts 2 to 3, 2-6, 3, 5, 6 and 8 of Article 19.5" shall be replaced by the words "Parts 2 to 4" 2-3, 2-6, 3, 5, 6, 8 and 11 of Article 19.5 "; 6) in article 23.31: (a), after the words" parts 1 and 2 of Article 9.1, ", add after the words" Part 3 of Article 9.1 " "19.2," to be supplemented with the words "Part 11 of Article 19.5,"; b) to be supplemented with Part 3 reading: " 3. To deal with the administrative offences referred to in article 9.1, paragraph 3, of the present Code, on behalf of the authorities referred to in Part 1 of this Article, to the right of the officers referred to in paragraphs 1 and 4 of Part 2 of this Article. "; (7) In the first paragraph of article 27.16 (1), the words "pending consideration by the court" should be replaced by the words "pending the entry into force of the judgment in the case of an administrative offence"; 8) of article 27.17, paragraph 1, shall be declared null and void; (...) (...) In the words "industrial safety,"; 10) in article 29.6, paragraph 5, the words "must be considered by the judge" should be replaced by the words "must be considered"; 11) Article 30.1 to be supplemented by Part 1-1, as follows: " 1-1. The ruling in the case of an administrative offence issued by a judge may also be appealed to a higher court by the official who drew up the protocol on the administrative offence. "; 12) in article 32.12: (a) Part 1, amend to read: " 1. The decision of a judge, organ or official who has imposed administrative penalty in the form of an administrative suspension shall be executed by the bailiff immediately after the order has been issued. "; b) Part 3 should read: " 3. The administrative suspension shall be terminated by a judge, the authority, the official who has imposed an administrative penalty in the form of an administrative suspension, on the request of the person carrying out the activity. Business without the formation of a legal entity or a legal person, if it is established that the circumstances leading to the imposition of an administrative penalty in the form of an administrative suspension, removed. In so doing, the judge, the authority, the official who has imposed an administrative penalty in the form of an administrative suspension, is required to request the opinion of an official authorized under article 28.3 of this Code shall constitute a record of an administrative offence. The opinion shall be given in writing, indicating evidence of the removal or non-elimination by the person carrying out the business activity without the formation of a legal entity or a legal person of the circumstances that have served as the basis for such action. The establishment of an administrative penalty in the form of suspension of activities. The opinion shall not be binding on the judge, the authority, the official who has imposed an administrative penalty in the form of an administrative suspension, and shall be evaluated according to the rules set out in article 26.11 of this Code. The disapproval of the judge, the authority, the official with the opinion must be motivated. The application is considered by the judge, the authority, the official who has imposed administrative penalty in the form of an administrative suspension, within five days of the receipt of the application in the manner provided for in chapter 29 of the present Code, taking into account the characteristics set out in this article. In order to participate in the examination of the application, the person who performs the business without forming a legal entity or a legal representative of a legal person who has the right to explain and submit documents shall be summoned. " "(c) In the first part of paragraph 4, the words" the judge shall "shall be replaced by the words" the judge, the authority, the official who has issued an administrative penalty in the form of an administrative suspension shall be issued ". Article 2 Amend the Federal Law of July 21, 1997 N 116-FZ " on the Industrial Safety of Hazardous Production OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3588; 2000, No. 33, sect. 3348; 2003, N 2, est. 167; 2004, N 35, sect. 3607; 2005, N 19, st. 1752; 2006, N 52, sect. 5498; 2009, N 1, st. 17, 21; N 52, sect. 6450), the following changes: 1) in the first preambular paragraph, the words "organizations operating hazardous production facilities" should be replaced with the words "hazardous production facilities of legal persons and individual objects". entrepreneurs (hereinafter referred to as "hazardous production facilities") "; (2) paragraph 1 of Article 9, paragraph 1, after the word" perform "should be supplemented with the word" instructions, ". Article 3 Paragraph 10 Article 1 of the Federal Law N 45-FZ " On amending the Code of Administrative Offences of the Russian Federation and other legislative acts of the Russian Federation, and OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1752) to be declared invalid. Article 4 This federal law shall enter into force on 1 January 2011. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin 23 July 2010 N 171-FZ