RUSSIAN FEDERATION FEDERAL LAW amending certain pieces of legislation of the Russian Federation in the field of expertise Clarification of the individual powers of the State oversight bodies in the cases of administrative delicts adopted by the State Duma on 14 June 2013 Approved by the Federation Council 26 June 2013 Article 1 Criminal Code of the Russian Federation, 1996, N 25, p. 2954; 1998, N 22, sect. 2332; N 26, est. 3012; 1999, N 7, sect. 873; 2001, N 26, est. 2587; 2002, No. 19, sect. 1793; N 30, est. 3020; 2003, N 50, sect. 4848; 2004, N 30, sect. 3091, 3092; 2006, N 31, sect. 3452; 2007, N 1, est. 46; N 21, est. 2456; N 31, st. 4008; 2009, N 1, article 29; N 45, sect. 5263, 5265; N 52, st. 6453; 2010, N 19, 100. 2289; N 31, st. 4166; N 50, sect. 6610; 2011, N 1, article 10; N 11, est. 1495; N 30, est. 4605; N 50, sect. 7362; 2012, N 53, sect. 7631) to supplement article 217-2 as follows: " Article 217-2. The false conclusion of the expertise of the industrial security 1. An expert in the field of industrial safety knowingly concluding an examination of industrial safety, if it could result in the death of a person or caused major damage,- is punishable by a fine in the amount of Two hundred thousand roubles or wages or other income of the convict for up to six months with disqualification to hold certain positions or engage in certain activities for up to three years or without it. 2. The same act, which entailed, by negligence, causing serious harm to the health or death of a person,- is punishable by deprivation of liberty for a period of up to five years with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without. 3. The act provided for in the first part of this article, resulting in the death of two or more persons through negligence, is punishable by deprivation of liberty for a period of up to seven years with deprivation of the right to hold certain positions or to engage in certain activities. from one year to three years or without it. ". Article 2 Article 2 116-FZ "Industrial Safety of Hazardous Production Facilities" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3588; 2004, N 35, sect. 3607; 2006, N 52, sect. 5498; 2010, N 31, st. 4195; 2011, N 30, sect. 4591, 4596; N 49, sect. 7015; 2013, N 9, sect. (874) The following changes: 1) Article 1 to add the following paragraphs to the following paragraphs: " Industrial Safety Expertise-Determination of the conformity of the industrial safety expertise referred to in article 13, paragraph 1 of this Federal Act, the requirements of industrial safety; the industrial safety expert, a natural person who has special knowledge of industrial safety, in accordance with the requirements established by federal rules and regulations in in the field of industrial safety, and participates in the examination of industrial safety. "; 2) paragraph 2 of article 4, paragraph 3, in addition to the words", experts in industrial safety "; 3) in article 8, paragraph 1 The words "approved by the federal executive authority in the field of industrial safety or its territorial body" shall be replaced by the words "which has been entered in the register of industrial safety audits in accordance with the established procedure"; 4) in article 12: a) in paragraph 4 of the word "expert" and experts in the field of industrial safety, "to replace the words" expert organizations, industrial safety experts and experts in the field "; b) in paragraph 5 of the words" a production facility and its employees are required to "replace" with the words "the production facility, its employees, the organization that conducted the examination of industrial safety,"; , in paragraph 6, the word "workers" should be replaced by the word "persons"; 5) in article 13: (a) Paragraphs 2. to 6., amend to read: " 2. The industrial safety examination is carried out by an organization licensed to conduct the said examination at the expense of its client. An organization with a licence to conduct an expert examination of industrial safety is prohibited from carrying out the said expertise in respect of a hazardous industrial facility belonging to a right of ownership or other lawful authority to her or to persons who belong to it in one group of persons in accordance with the antitrust laws of the Russian Federation. The conclusion of an examination of industrial safety prepared in violation of this requirement may not be used for the purposes set out by this Federal Law. 3. The examination of industrial safety is carried out in accordance with the federal rules and regulations in the field of industrial safety, based on the principles of independence, objectivity, comprehensiveness and comprehensiveness of studies carried out with The use of modern science and technology. 4. The result of the examination of industrial safety is the conclusion signed by the head of the organization that conducted the examination of industrial safety, and the expert or experts in the field of industrial safety, the participating in the said examination. Federal regulations and rules in the field of industrial safety determine the requirements for the processing of industrial safety expertise. 5. The conclusion of an examination of industrial safety is submitted by its employer to the federal executive authority in the field of industrial safety, or its territorial body, which enters the register of industrial expert opinions The Security Council has five working days since its arrival. The conclusion of the examination of industrial safety may be used for purposes set out by this Federal Law, only from the date of its application to the register of industrial safety audit by the federal executive body. The authorities in the field of industrial safety or its territorial authority. 6. For the purposes of this Federal Act, the conclusion of an expert examination of industrial safety is understood to be an opinion prepared without or after the examination, but in a manifestly contrary to the content of the material, provided to the expert or experts in the field of industrial safety, reviewed in the course of the examination of industrial safety, or the actual condition of the technical devices used for hazardous industrial installations, buildings and facilities at hazardous installations, which were The facilities of the expert examination of industrial safety. The Industrial Safety Expertise found to be false is to be removed from the industrial safety expert's registry. "; b) to supplement paragraphs 7 to 10 with the following content: " 7. The register of industrial safety audit opinions shall be maintained by the federal executive authority in the field of industrial safety in accordance with administrative regulations. 8. The head of an industrial safety organization is obliged: to conduct an industrial safety audit in accordance with the federal rules and regulations in the field of industrial safety; to ensure that industrial safety expertise is carried out by experts in the field of industrial safety; to ensure the availability of equipment, instruments, materials and information necessary for conducting to review industrial safety. 9. The expert in the field of industrial safety is obliged: to determine the conformity of industrial safety expertise with the requirements of industrial safety by conducting an analysis of the materials submitted for the examination of industrial safety and the actual condition of the technical devices used in hazardous industrial facilities, buildings and installations at hazardous installations, prepare an expert examination of industrial safety and provide it with the head of the organization conducting the examination industrial safety; Comply with the procedures established by federal industrial safety standards and regulations for industrial safety audits and requirements for the processing of industrial expertise security; to ensure the objectivity and validity of the conclusions contained in the conclusions of the industrial safety expertise; to ensure the safety of materials provided for the examination of industrial safety; and Confidentiality of information received during the course of the of the expert report. 10. The expert in the field of industrial safety is prohibited from participating in the examination of industrial safety in respect of a hazardous industrial facility belonging to the right of ownership or other legal basis of the organization, employment relationship with which it is made. The conclusion of an examination of industrial safety, prepared in violation of this requirement, cannot be used for the purposes set out by this Federal Law. ". Article 3 Amend Criminal Procedure Code of the Russian Federation (Collection of Russian legislation, 2001, N 52, p. 4921; 2002, N 22, sect. 2027; N 30, est. 3020, 3029; N 44, sect. 4298; 2003, N 27, sect. 2700, 2706; N 50, sect. 4847; 2004, N 27, sect. 2711; 2005, N 1, est. 13; N 23, Art. 2200; 2006, N 28, sect. 2975, 2976; N 31, est. 3452; 2007, N 1, est. 46; N 24, est. 2830, 2833; N 49, sect. 6033; N 50, sect. 6248; 2009, N 1, sect. 29; N 11, est. 1267; N 44, st. 5170; N 52, sect. 6422; 2010, N 1, st. 4; N 15, sect. 1756; N 19, st. 2284; N 21, est. 2525; N 27, st. 3431; N 30, est. 3986; N 31, st. 4164, 4193; N 49, sect. 6412; 2011, N 1, st. 16, 45, N 15, sect. 2039; N 23, st. 3259; N 30, est. 4598, 4605; N 45, sect. 6322, 6334; N 48, est. 6730; N 50, sect. 7361, 7362; 2012, N 10, st. 1162, 1166; N 24, est. 3071; N 30, est. 4172; N 31, est. 4330, 4331; N 47, sect. 6401; N 49, sect. 6752; N 53, sect. 7637) the following changes: 1) part of the first article 31 after the words "217 part one," in addition to "217-2 of the first,"; 2) in the "216, 217, 217-1" replace " 216- 217-2 ". Article 4 Amend the Code of the Russian Federation on Administrative Offences (Legislative Assembly Russian Federation, 2002, 1; N 44, sect. 4295; 2003, N 27, sect. 2708, 2717; N 46, sect. 4434; 2004, N 34, sect. 3533; 2005, N 1, est. 40; N 19 1752; N 27, sect. 2719; 2006, N 1, est. 4, 10; N 2, est. 175; N 6, sect. 636; N 19, sect. 2066; N 31, st. 3438; N 45, sect. 4641; 2007, N 1, sect. 25; N 7, est. 840; N 26, 100. 3089; N 30, est. 3755; N 31, st. 4007; 2008, N 30, est. 3582; N 52, sect. 6235, 6236; 2009, N 1, st. 17; N 7, est. 777; N 23, st. 2767; N 26, st. 3131; N 29, st. 3597; N 48, sect. 5711; 2010, N 1, article 1; N 18, sect. 2145; N 30, est. 4002; N 31, est. 4158, 4193, 4195, 4208; 2011, N 19, st. 2714; N 23, st. 3260; N 30, st. 4600; N 48, sect. 6728, 6730; N 50, stop. 7351, 7355; 2012, N 6, st. 621; N 24, est. 3068, 3082; N 31, Art. 4322; N 53, sect. 7641; 2013, N 14, 1657, 1666; N 19, st. 2323) the following changes: 1) in Article 3.11: a) Part 1 after the words "sporting events" is supplemented with the words "or carry out activities in the field of industrial safety expertise"; b) Part 3 supplement the words ", or experts in the field of industrial safety"; (2) Part 1 of Article 4.5, after the words "on industrial safety," with the words "on the safety of hydraulic engineering structures, on urban planning,"; 3) Article 9.1: a) to be supplemented with Part 4 of the following Content: " 4. The filing of a false conclusion of the examination of industrial safety, if this action does not constitute a criminal offence,- shall entail the imposition of an administrative fine on officials in the amount of between 20,000 and fifty thousand. "Six months to two years; legal persons from three hundred thousand to five thousand roubles."; b) to be supplemented by Note 4, as follows: " 4. The industrial safety experts who carried out the examination of industrial safety offences under this article shall be subject to administrative liability as officials. "; (4) In article 23.30, part 2: (a), in paragraph 5, the words ", their deputies" should be deleted; b) to supplement paragraph 6 with the following: " 6) Principal State Inspectors, Senior State Inspectors and State inspectors of the territorial bodies of the Federal The executive branch of State power control. "; 5) in article 23.31: (a) Part 1, after the words" industrial safety requirements ", insert the words" Part 4 of Article 9.1, "; (b) In Part 3, replace "Part 3 of Article 9.1" by "Parts 3 and 4 of Article 9.1"; (6) Part 1 of Article 28.7 after the words "industrial safety," with the words " the safety of hydraulic structures, Energy, on Electric Power Industry (in compliance with the reliability and security in the electric power industry), on urban development, in the field ". Article 5 . OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3012; 2010, N 31, sect. (4197) The following changes: 1) in the first part of article 206, first part of article 206, the first sentence should read: " Decision on the prosecution case, if the commission of an administrative offence The law establishes an administrative penalty only in the form of a warning and (or) in the form of an administrative fine and the amount of an administrative fine not exceeding legal persons of 100,000 rubles, for individuals five thousand rubles, can be appealed to an appellate court. "; (2) In the first part of article 211, first part of article 211, the first sentence should read: " Decision to challenge the decision of the Administering Authority on administrative prosecution if the commission of an administrative offence The law establishes an administrative penalty only in the form of a warning and (or) in the form of an administrative fine and the amount of an administrative fine not exceeding legal persons of 100 thousand rubles, for individual entrepreneurs five Thousands of rubles may be appealed to the Court of Appeal. authority. ". Article 6 1. This Federal Law shall enter into force on the date of its official publication, with the exception of the provisions for which this article has been set differently. 2. Articles 1-3, 4, paragraphs 1, 3 and 5 of this Federal Law shall enter into force on 1 January 2014. President of the Russian Federation Vladimir Putin Moscow, Kremlin July 2, 2013 N 186-FZ