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On Amendments To Certain Legislative Acts Of The Russian Federation On The Issues Of Ensuring Safety Of Hydraulic Installations

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации по вопросам обеспечения безопасности гидротехнических сооружений

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RUSSIAN FEDERATION FEDERAL LAW amending certain legislative Acts of the Russian Federation on the safety of hydro-technical installations Adopted by the State Duma on December 20, 2013 Approved by the Federation Council on 25 December 2013 Article 1 Article 1 Amend federal law dated July 21, 1997 N 117-FZ "Safety of hydro-technical installations" (Russian Law Assembly, 1997, N 30, art. 3589; 2003, N 2, Text 167; 2004, N 35, sect. 3607; 2005, N 19, st. 1752; 2006, N 52, sect. 5498; 2008, N 29, st. 3418; 2009, N 1, est. 17; N 52, sect. 6450; 2010, N 31, sect. 4195; 2011, N 30, sect. 4590, 4591; N 49, sect. 7015, 7025; N 50, stop. 7359; 2012, N 53, est. 7616; 2013, N 9, sect. 874) the following changes: 1) in the word "commissioning," and the word "reinstatement," delete; (2) in article 3: (a) in the eighth paragraph, by the federal executive authorities State supervision of the safety of hydraulic structures "shall be replaced by the words" by the federal executive authorities authorized to carry out federal State supervision in the field of the safety of hydraulic structures "; b) in paragraph 9 of the words " rules and regulations, Replace the words "the requirements for ensuring the safety of the hydraulic structures laid down by the legislation of the Russian Federation (hereinafter referred to as mandatory requirements)"; (c) to supplement the following paragraphs: " Reservation of hydraulic structure-suspension of the operation of the hydraulic structure to prevent deterioration of its technical condition, destruction the construction works and its structural components, as well as Ensuring their strengthening, protection, physical security, safety of life, health of citizens, security of infrastructure, including buildings, structures, environmental protection, including flora and fauna; liquidation Hydraulic structure-dismantling of the hydraulic structure of the hydraulic structure, the demolition of the structural elements of the hydraulic structure, the adaptation of the area to which it is located, including the relevant part of the water into a state that ensures the safety of life, health citizens, security of infrastructure, including buildings, installations, environmental protection, including plant and animal peace. "; 3) in article 4: (a) in paragraph 5 of the word" hydraulic structure " subject to conservation or liquidation, "delete, add to the words" or the owner of which is unknown or ownership of which the owner refused "; b) to supplement the following paragraphs: " defines Federal executive authorities establishing requirements for the maintenance of the hydraulic structure; sets the order of conservation and the disposal of hydraulic structures. "; 4) in article 5: (a) the fourth paragraph should be supplemented with the words", including hydro-technical installations with no owner or owner unknown or ownership of which the owner refused "; (b) paragraph 8 after the word" threat "should be supplemented with the word" arising "; (c) Paragraph 9 should be supplemented with the words " as well as major repairs, Preservation and elimination of hydraulic structures which do not own or the owner of which are unknown or the ownership of which the owner refused and who are in the territories of the constituent entities of the Russian Federation "; (5) Paragraph 4 of Article 8 should be amended to read: "Implementation of the federal State supervision of the safety of hydraulic structures;"; 6) in article 9: (a) in the name -Replace the words "the construction and maintenance of" with the words " b) in part one: in the paragraph of the first word "construction and exploits" shall be replaced by the words "construction and (or)"; paragraph 2, amend to read: " ensure compliance with the mandatory requirements for construction, capital maintenance, operation, maintenance, conservation and disposal of hydraulic structures, as well as their maintenance, operational control and maintenance Repairs; "; paragraph fourth paragraph added with the words", as well as the rules of it Operational requirements for which requirements are established by the federal executive authorities in accordance with their competence "; Paragraph 8, to be supplemented by the words", in accordance with the procedure established by the Government of the Russian Federation for the purposes of The creation and use of reserves of material resources for the elimination of natural and technological emergencies "; paragraph 11 to be declared void; to add to the following paragraph: " carry out major repairs, renovate, The conservation and disposal of the hydraulic structure in the case of non-conformity with the mandatory requirements. "; in the second word of" construction or operating "shall be replaced by the words" construction and (or) operating "; 7) in Article 10: (a) Part one should read: " In the design, construction, capital maintenance, operation, maintenance, conservation and disposal of the hydraulic engineering structure, the owner of the hydraulic engineering unit } } Structs and (or) the operating organization are A declaration of the safety of the hydraulic structure. "; b) in Part Four of the word" construction or operating "should be replaced by" construction and (or) ", the second sentence should read:" Income The said body of the declaration of safety of the hydraulic structure, being developed as part of the project documentation, which has undergone a State examination in accordance with the law on town planning activities, or approval of the said the safety declaration of the hydraulic structure, in service shall be the basis for the introduction of the hydraulic structure in the Register and the authorization of the hydraulic structure. "; 8) in article 11: (a) in Part One of the second sentence The following wording should be revised: " The State examination of the safety declaration of the hydraulic structure in service shall be carried out in accordance with the provisions of this article in accordance with the procedure established by the Government of the Russian Federation. Federation. "; b) in part three of the construction or "substitute the words" of installations and (or) "with the words" the security of the hydraulic structures "shall be replaced by the words" the federal executive authorities authorized to carry out the federal State supervision in the field of the safety of hydraulic structures "; in), in the fifth word, replace the words" construction or operation "with the words" construction and (or) "; 9) to supplement articles 11 to 1 of the following table of contents: " Article 11-1. A technical investigation into the cause of the accident of the hydraulic structure A technical investigation of its causes is carried out on each event of the hydraulic structure. Technical investigation of the causes of the hydrotechnical structure is carried out by a special commission headed by a representative of the federal executive authority responsible for the implementation of the federal state The safety and security of hydraulic structures. The Commission shall also be composed of the representatives of the constituent entity of the Russian Federation and (or) the local authorities in whose territories the hydraulic structure is located; representatives of the owner of the hydraulic structure and (or) the operating of its organization; representatives of the insurer with whom the owner of the hydraulic structure and (or) the exploitative organization it operates compulsory insurance of civil liability OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION The President of the Russian Federation or the Government of the Russian Federation may decide to establish a State commission for technical inquiry into the causes of the hydraulic structure. The Commission for Technical Investigation of the Causes of the Hydrotechnical Facility may involve expert organizations and specialists in the field of hydraulic engineering, engineering, engineering, Design, research and development, equipment manufacturing and other areas. The property of the hydraulic structure and the (or) its operating organization is required to submit to the technical investigation commission the causes of the hydraulic engineering accident all the information required by the said commission for the the exercise of its powers. The results of the technical investigation into the cause of the hydraulic structure are entered into an act which indicates the causes and circumstances of the hydraulic engineering accident, the nature and extent of the damage caused, Identified breaches of mandatory requirements, workers who have committed these violations, as well as measures taken to localize and eliminate the consequences of the hydraulic engineering crash, and proposals for the prevention of such accidents. Material for technical investigation of causes of the accident is sent to the federal executive authority authorized to conduct federal state oversight in the field of safety of hydraulic structures or in its The territorial body, the other concerned State bodies, members of the commission for technical investigation of the causes of the accident. The procedure for conducting a technical investigation into the causes of the hydrotechnical structure and the technical investigation of the hydraulic engineering crash shall be established by the federal executive authority; The competent authority for the conduct of the federal State supervision in the field of the safety of hydraulic structures. The cost of technical investigation of the hydraulic engineering crash is carried out by the owner of the hydraulic structure and (or by the operator) of the hydraulic structure, and the hydraulic structure, which is not has an owner or owner of which is unknown or ownership of which the owner refused, the federal executive authority authorized to conduct federal State security oversight hydro-technical installations. "; 10) Chapter II supplement Article 12-1 as follows: " Article 12-1. Conservation and disposal of the hydraulic engineering structure of the structure Conservation and disposal of the hydraulic structure are carried out by the owner of the hydraulic structure and the (or) operating organization, and A hydraulic structure which is not owned or owned by the owner, or of which the owner has refused, is the executive authority of the constituent entity of the Russian Federation, in whose territory this is a hydraulic structure, in the order established by the Government of the Russian Federation. Preservation and disposal of the hydraulic structure are considered completed following a survey of the hydraulic structure and the territory of this hydraulic structure by a commission formed in accordance with the procedure established by the Government of the Russian Federation. In the case of the conservation of the hydraulic structure, which is not owned or owned by the owner, or of which the owner has waived the owner referred to in part two of this article, is formed by the executive branch of the constituent entity of the Russian Federation. The commission shall be composed of representatives of the federal executive authorities authorized to carry out federal State supervision in the field of the safety of hydraulic structures in accordance with their competence, local authorities in the territories of which these hydraulic structures are located. "; 11) part one of article 13 after the words" carrying out the operation "with the addition of the words", capital maintenance, conservation and liquidation ", the words" the requirements for Safety of hydraulic structures established by Russian legislation (hereafter required), "replace" mandatory requirements "; 12) in article 14: (a) in Part One of the" Supervision of the safety of hydraulic structures "shall be replaced by the words" public oversight bodies "; b) Part Two should be amended to read: " In the inspection of hydraulic structures, the State shall be carried out Supervision (oversight) of property owners Water engineering structures and (or) operating their organizations, as well as contracting organizations, in the capital maintenance, operation, conservation and disposal of hydraulic structures to assess compliance with mandatory requirements. "; (c) be supplemented with a fourth reading: " When a hydraulic structure is found which does not have an owner or the owner of which is unknown, or the owner of the property to which the owner refused, inspection of such hydraulic structure by bodies of State supervision in accordance with the procedure established by the Government of the Russian Federation. "; 13) in article 19: (a) in the fourth paragraph of the word" waterworks supervision authorities " should be replaced "State supervision authorities"; (b) paragraph 5, amend to read: " Violation of the mandatory requirements for design, construction, operation, major maintenance, reconstruction, conservation, and the elimination of hydraulic structures; "; in) in the paragraph Replace the seventh word "waterworks supervision authorities" with the words "public oversight bodies". Article 2, paragraph 2, of article 26-3 of the Federal Law dated 6 October 1999 N 184-FZ " On the general principles of the organization of legislative (representative) and executive bodies of the constituent entities of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5005; 2003, N 27, sect. 2709; 2005, N 1, st. 17, 25; 2006, N 1, sect. 10; N 23, Art. 2380; N 30, sect. 3287; N 31, sect. 3452; N 44, sect. 4537; N 50, st. 5279; 2007, N 1, sect. 21; N 13, est. 1464; N 21, sect. 2455; N 30, sect. 3747, 3805, 3808; N 43, st. 5084; N 46, st. 5553; 2008, N 29, st. 3418; N 30, est. 3613, 3616; N 48, sect. 5516; N 52, sect. 6236; 2009, N 48, sect. 5711; N 51, est. 6163; 2010, N 15, sect. 1736; N 31, st. 4160; N 41, est. 5190; N 46, sect. 5918; N 47, sect. 6030, 6031; N 49, sect. 6409; N 52, sect. 6984; 2011, N 17, sect. 2310; N 27, sect. 3881; N 29, st. 4283; N 30, est. 4572, 4590, 4594; N 48, st. 6727, 6732; N 49, sect. 7039, 7042; N 50, est. 7359; 2012, N 10, est. 1158, 1163; N 18, est. 2126; N 31, st. 4326; N 50, sect. 6957, 6967; N 53, est. 77596; 2013, N 14, est. 1663; N 19, est. 2331; N 23, est. 2875, 2876, 2878; N 27, est. 3470, 3477; N 40, sect. 5034; N 43, sect. 5454; N 48, st. (6165) to supplement paragraph 78 with the following: "78) implementation of Federal Act No. 117-FZ of 21 July 1997 on the safety of hydro-technical installations". structures. ". Article 3 Article 9.2 of the Code of Administrative Offences of the Russian Federation (Assembly OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1; 2005, 1752; 2007, N 26, est. 3089), the following changes: 1) the name should read: " Article 9.2. Violation of safety requirements of the hydraulic structures installed by the Russian Federation law; 2), the first paragraph should read: " Violation Security requirements for the design, construction, overhaul, operation, maintenance, conservation and disposal of hydraulic structures-". Article 4 Article 8 of the Federal Law dated July 27, 2010 N 225-FZ " Mandatory liability insurance of the owner of the hazardous object for damage caused by a dangerous accident OF THE PRESIDENT OF THE RUSSIAN FEDERATION The following changes: 1) to be completed with Part 7-1 as follows: " 7-1. The procedure for the technical investigation of the causes of the accident and the technical investigation of the causes of the accident shall be established: 1) for hazardous production facilities in accordance with the legislation on industrial safety dangerous production facilities; 2) for hydraulic structures in accordance with the legislation of the Russian Federation on the safety of hydraulic structures. "; 2) to be supplemented with Part 7-2 as follows: " 7-2. For other hazardous installations, the procedure for determining the accident, the procedure for carrying out a technical investigation of the causes of the accident and the technical investigation of the causes of the accident shall be established by the Government of the Russian Federation. " Article 5 Confess: 1) Paragraph 2 of Article 90 of Federal Law of 22 August 2004 N 122-FZ " On introducing amendments to the legislative acts of the Russian Federation and OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION 33,7); (2) article 23, paragraph 3 (b), of the Federal Law of 18 July 2011 N 242-FZ " On making changes to the individual OF THE PRESIDENT OF THE RUSSIAN FEDERATION (...) (...) President of the Russian Federation Vladimir Putin Moscow, Kremlin December 28, 2013 N 445-FZ