Judicial practice on fire safety. Judicial practice on fire safety Article 20 4 Code of Administrative Offenses of the Russian Federation Part 1
1., with the exception of cases provided for in Articles 8.32, 11.16 of this Code and parts 3-8 of this article, - entails a warning or imposition administrative fine for citizens in the amount of one thousand to one thousand five hundred rubles; on officials- from six thousand to fifteen thousand rubles; on legal entities- from one hundred fifty thousand to two hundred thousand rubles. 2. The same actions committed under the conditions of a special fire safety regime - entail the imposition of an administrative fine on citizens in the amount of two thousand to four thousand rubles; for officials - from fifteen thousand to thirty thousand rubles; for legal entities - from four hundred thousand to five hundred thousand rubles. 3. Violation of requirements fire safety to internal fire water supply, electrical installations of buildings, structures and structures, electrical products or primary fire extinguishing means or fire safety requirements for the provision of buildings, structures and structures with primary fire extinguishing means - entails the imposition of an administrative fine on citizens in the amount of two thousand to three thousand rubles; for officials - from six thousand to fifteen thousand rubles; on persons carrying out entrepreneurial activity without forming a legal entity - from twenty thousand to thirty thousand rubles; for legal entities - from one hundred fifty thousand to two hundred thousand rubles. 4. Violation of fire safety requirements for evacuation routes, evacuation and emergency exits or automatic fire extinguishing systems and fire alarm systems, systems for warning people about fire and managing the evacuation of people in buildings, structures and structures or smoke protection systems for buildings, structures and structures - entails imposition an administrative fine for citizens in the amount of three thousand to four thousand rubles; for officials - from fifteen thousand to twenty thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from thirty thousand to forty thousand rubles; for legal entities - from one hundred fifty thousand to two hundred thousand rubles. 5. Repeated commission of an administrative offense provided for in parts 3 or 4 of this article - entails the imposition of an administrative fine on citizens in the amount of four thousand to five thousand rubles; for officials - from twenty thousand to thirty thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from forty thousand to fifty thousand rubles or administrative suspension of activities for a period of up to ninety days; for legal entities - from two hundred thousand to four hundred thousand rubles or administrative suspension of activities for a period of up to ninety days. 6. Violation of fire safety requirements, resulting in a fire and destruction or damage to someone else’s property or causing lung or moderate severity harm to human health - entails the imposition of an administrative fine on citizens in the amount of four thousand to five thousand rubles; for officials - from forty thousand to fifty thousand rubles; for legal entities - from three hundred fifty thousand to four hundred thousand rubles. 6.1. Violation of fire safety requirements, resulting in a fire and causing grievous harm human health or death - entails the imposition of an administrative fine on legal entities in the amount of six hundred thousand to one million rubles or administrative suspension of activities for up to ninety days. 7. Failure of the manufacturer (supplier) to fulfill the obligation to include in technical documentation on substances, materials, products and equipment information on indicators fire danger these substances, materials, products and equipment or information about fire safety measures when handling them, if the provision of such information is mandatory - shall entail the imposition of an administrative fine on officials in the amount of fifteen thousand to twenty thousand rubles; for legal entities - from ninety thousand to one hundred thousand rubles. 8. Violation of fire safety requirements for the provision of passages, passages and entrances to buildings, structures and structures - entails the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand rubles; for officials - from seven thousand to ten thousand rubles; for legal entities - from one hundred twenty thousand to one hundred fifty thousand rubles.
Legal advice under Art. 20.4 Code of Administrative Offenses of the Russian Federation
Question answered over the phone
Question answered over the phone
Question answered over the phone
- Lawyer's answer:
The order of the state supervision does not follow from economic activity. A prescription is a non-normative act. An appeal against the order, in my opinion, under the specified circumstances, should be appealed in accordance with Chapter 25 of the Code of Civil Procedure of the Russian Federation. Filing an application to challenge a decision, action (inaction) of an authority state power, organ local government, official, state or municipal employee 1. A citizen, organization has the right to challenge in court a decision, action (inaction) of a state authority, local government body, official, state or municipal employee if they believe that their rights and freedoms have been violated. A citizen or organization has the right to appeal directly to the court or to a higher authority in the order of subordination, a local government body, an official, a state or municipal employee. 2. The application is submitted to the court under the jurisdiction established by Articles 24 - 27 of this Code. An application may be submitted by a citizen to the court at the place of his residence or at the location of the state authority, local government body, official, state or municipal employee, the decision, action (inaction) of which is being disputed. Decisions, actions (inaction) of state authorities, local governments, officials, state or municipal employees, subject to challenge in accordance with the procedure civil proceedings Decisions, actions (inaction) of state authorities, local government bodies, officials, state or municipal employees, contested in civil proceedings include collegial and individual decisions and actions (inaction), as a result of which: the rights and freedoms of a citizen are violated; obstacles have been created to the citizen’s exercise of his rights and freedoms; a citizen has been unlawfully assigned any duty or has been unlawfully held accountable. Having appealed this order, apply to the court when considering the administrative case to suspend the consideration since that same 20.4 of the Code of Administrative Offenses of the Russian Federation follows from the inspection report by the state supervision body and the issuance of the order. Or when considering the case on the merits of Art. 20.4 of the Code of Administrative Offenses of the Russian Federation, look for flaws in the prosecutor’s resolution and break this resolution
burns 1,2,3 degrees of severity, death- enough? so it's better not to joke with this matter... at best case - fine, at worst - closing the facility and attracting criminal liability
all violations cannot lead to the closure of the enterprise
You cannot leave your car in areas where there are green spaces or lawns, even if this is not expressly stated in the rules for using the common area. Parking is extremely undesirable in places where you can block the passage to...
- Lawyer's answer:
Olesya Zakharova
What is the fine for barbecuing in the city?
Fines for making fires in nature Administrative punishment in the form of a fine for making fires in nature can be imposed in two cases: 1. When making fires in the forest (Article 8.32. Violation of fire regulations...
Code Russian Federation about administrative offenses liability has been established for violating the rules of stopping and parking vehicles. In accordance with Part 1 of Article 12.19, violation of the rules of stopping or parking...
- Lawyer's answer:
Article 8.21. Violation of atmospheric air protection rules 1. Emission of harmful substances into atmospheric air or harmful physical impact against him without special permission - entails the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred rubles Article 20.4. Violation of fire safety requirements 1. Violation of fire safety requirements ... entails a warning or the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred rubles; 2. The same actions committed under the conditions of a special fire safety regime - entail the imposition of an administrative fine on citizens in the amount of two thousand to four thousand rubles; State fire supervision under 20.4 fails at once... .
I ask you to conduct an investigation into the commission of a crime, where an unknown citizen wrote a complaint and put a forged signature with my signatures in relation to LLC... about fire safety violations. In January 2012 I received a letter...
- Lawyer's answer:
In accordance with Part 1 of Art. 20.4. Code of Administrative Offenses of the Russian Federation, violation of fire safety requirements, with the exception of cases provided for in Articles 8.32, 11.16 of this Code, entails a warning or the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles; for officials - from one thousand to two thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from one thousand to two thousand rubles or administrative suspension of activities for a period of up to ninety days; for legal entities - from ten thousand to twenty thousand rubles or administrative suspension of activities for a period of up to ninety days. Thus, if you are an entrepreneur (and this follows from the size of the fine) and have committed an offense for the first time, you have the right to contact arbitration court with a statement to declare illegal and cancel the said decision regarding the imposition of punishment. Taking into account the circumstances of the case, the court can 1) declare the decision completely illegal 2) give you a warning 3) impose a minimum fine of 1000 rubles. They should probably save you from 2000 rubles.
- Lawyer's answer:
write down the Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens Article 17. The right of citizens of the Russian Federation to health protection Citizens of the Russian Federation have an inalienable right to health protection. This right is protected environment, the creation of favorable conditions for work, life, recreation, education and training of citizens, the production and sale of good-quality food products, as well as the provision of accessible medical and social assistance to the population. (edited) Federal Law dated December 30, 2008 N 309-FZ) The state provides citizens with health protection regardless of gender, race, nationality, language, social origin, official position, place of residence, attitude to religion, beliefs, affiliation public associations, as well as other circumstances. The state guarantees citizens protection from any form of discrimination based on the presence of any disease. Persons found guilty of violating this provision shall be liable established by law responsibility. Citizens of the Russian Federation located outside its borders are guaranteed the right to health care in accordance with international treaties Russian Federation. Code of Administrative Offenses of the Russian Federation Article 6.4. Violation of sanitary and epidemiological requirements for the operation of residential premises and public premises, buildings, structures and transport of the Code of Administrative Offenses of the Russian Federation Article 20.4. Violation of fire safety requirements 1. Violation of fire safety requirements, established by standards , norms and rules, interpretation about “Public place” Here is an approximate explanation: Under refers to any objects of real or potential crowds of people: a park, stadium, square are considered public places even during the time period when citizens are not there. It is important that they could hypothetically be there and become unwitting witnesses or participants illegal actions- SPS "Consultant Plus" for the request "public places, entrance of a residential building" gave a link to a single article: Commentary on the Code of the Russian Federation on Administrative Offenses (item by article) / Under general. ed. Lieutenant General of Police N.A. Ovchinnikov. M.: Publishing house "Exam", 2009. P. 701 - 703. There is the following paragraph: “The above offenses are committed in public places, such as a street, stadium, square, park, vehicle common use, courtyards of houses, entrances, staircases, elevators of residential buildings, theaters, cinemas, open stage venues, entertainment enterprises (theatres, cinemas, palaces of culture), zoos, beaches, etc., i.e. precisely places where citizens gather. In addition, territories that are not such in normal times can become public places, for example, a forest clearing when citizens are there.”
A fire can be prevented by compliance with the fire safety regime, which is the behavior of people, the procedure for organizing production and (or) maintenance of premises (territories), ensuring the prevention of violations of fire regulations...
- Lawyer's answer:
To litter or not to litter is the moral right of citizens. But if it is not an extinguished cigarette, then this is a violation of fire safety requirements. Article 20.4 violation of fire safety requirements fine from 1000 to 1500 rubles. And if an unextinguished cigarette caused a fire, then clause 6 of Art. 20.4 from 4000 to 5000 rub.
The distance from the edge of the passage to the wall of the building, as a rule, should be 5 - 8 m for buildings up to 10 floors inclusive. and 8 - 10 m for buildings over 10 floors. Fences, overhead power lines and...
For example, there are no fire extinguishers due to the write-off of old ones and the purchase of new ones... you simply make excuses, explain why measures were not taken to eliminate violations
You have the right to defend yourself by all means, including legal ones. I just warned the neighbors and remind them all the time that smoking is not allowed in the entrance. This contradicts, first of all, the elementary rules of community life, in the broad sense of the word...
- Lawyer's answer:
According to Art. 38 of the Federal Law “On Fire Safety”, for violation of fire safety requirements, persons may be subject to disciplinary, administrative or criminal liability in accordance with current legislation. In the context of this task, we are interested in administrative and disciplinary responsibility. The first is assigned to K. and his wife, and the second - only to K. as an employee of the internal affairs bodies. In accordance with Art. 2.5 of the Code of Administrative Offenses of the Russian Federation, employees of internal affairs bodies are responsible for administrative offenses in accordance with regulatory legal acts regulating the procedure for serving in these bodies. However, for violation of fire safety requirements outside the place of duty, these persons are liable for general principles, that is, according to the Code of Administrative Offenses of the Russian Federation. The case is about an administrative offense under Art. 8.32 Code of Administrative Offenses of the Russian Federation, is considered by bodies authorized in the field of use, protection and protection forest fund(Article 23.24 of the Code of Administrative Offenses of the Russian Federation), as well as by bodies exercising state fire supervision (Article 23.34 of the Code of Administrative Offenses of the Russian Federation). In our case, the fine was imposed by the director of the forestry enterprise. Obviously, he is an official included in the list established by Part 2 of Art. 23.24 of the Code of Administrative Offenses of the Russian Federation, that is, it is competent to consider such a case and impose an administrative penalty in the form of a fine. So, the administrative punishment in the form of a fine was lawfully imposed on K. and his wife. According to Part 5 of Art. 4.1 of the Code of Administrative Offenses of the Russian Federation, no one can bear administrative responsibility twice for the same administrative offense. However, the reprimand announced by the head of the ROVD to Tarasov is not administrative punishment. It was applied as a penalty for violation official discipline, provided for in clause 2, part 1, art. 38 Regulations on service in the internal affairs bodies of the Russian Federation.
What to do if there are rednecks living on the floor above, throwing cigarette butts into the flower beds (on purpose), after talking about sweeping away the dirt
- Lawyer's answer:
Article 4.3 of the Code of Administrative Offenses of the Republic of Belarus Age at which administrative responsibility begins 1. Subject to administrative responsibility individual who has reached the age of sixteen at the time of committing the offense, with the exception of cases provided for by this Code. 2. An individual who has committed an act prohibited by this Code at the age of fourteen to sixteen years is subject to administrative liability only: 1) for intentional causing bodily injury(Article 9.1); 2) for petty theft (Article 10.5); 3) for intentional destruction or damage to property (Article 10.9); 4) for violation of fire safety requirements in forests or peatlands (Article 15.29); 5) for cruelty to animals (Article 15.45); 6) for lighting fires in prohibited places (Article 15.58); 7) for petty hooliganism(Article 17.1); 8) for violation of the rules ensuring traffic safety on railway or urban electric transport (parts one – three, five of Article 18.3); 9) for violation of the rules for using funds railway transport(Article 18.4); 10) for violation of the rules for using a vehicle (Article 18.9); 11) for violation of the rules for using the metro (Article 18.10); 12) for violation of requirements for ensuring the safety of cargo in transport (Article 18.34); 13) for destruction, damage or loss of historical and cultural values or material objects that may be assigned the status of historical and cultural value (Article 19.4); 14) for violation of the procedure for opening military graves and conducting search operations (Article 19.7); 15) for illegal actions in relation to gas, pneumatic or projectile weapons (Article 23.46); 16) for illegal actions in relation to bladed weapons (Article 23.47). 3. An individual who has reached the age provided for in parts one or two of this article is not subject to administrative liability if it is established that, due to a lag in mental development not related to mental disorder(illness), at the time of the commission of the act it was not capable of recognizing its actual nature or illegality. Must be charged under Art. 10.5 - Petty theft(if the amount stolen is not more than ten times the base amount established on the day the act was committed.
Fire safety rules in the Russian Federation establish Requirements for instructions on fire safety measures, mandatory for application and execution by state authorities, local governments...
Arthur Vasyutkin
What to do if the Landlord installed blind bars on the windows in the rented premises, and the Fire Supervision Authority imposed a fine for. This. How to hold the Landlord accountable?
- Lawyer's answer:
You were scammed, congratulations, on what basis were you given a fine so quickly, first they should have issued an order to eliminate the violation, in short, look for the requirements of the fire department airbag safety Study, and go to the police department and ask for clarification on this matter, maybe this inspector is spinning his own topics. This happened in my practice! Go to a lawyer, don’t waste your money, figure it out with the landlord why they installed gratings without the consent of the authorities and the supervision of all the lawless people.
- Lawyer's answer:
read in the textbook or in the lesson notes, It's simple, Rights and responsibilities of citizens in the field of fire safety Citizens have the right to: protection of their life, health and property in the event of a fire; compensation for damage caused by fire...
Alina Bolshakova
Good afternoon. My neighbors illegally placed a garage at a distance of 4 meters from the house. And in winter they don’t remove snow. Where to apply and what fine they will be subject to. If the administration made an order back in 2015 to demolish the garage
Alena Tarasova
The director of the enterprise was fined 1000 million rubles for the lack of fire shields and fire extinguishers. The offense must be qualified.
Nadezhda Ershova
Yakov Kolomiits
Good afternoon. The roof of the stoke shed caught fire. The reason is unknown. We put out the fire ourselves before the rescuers arrived. Neighbors called the firefighters. We didn't call! Firefighters inspected the fire scene and left. Within half an hour, a fire safety inspector arrived, inspected the fire site and said that he would need to come to the investigator. The owner of the house is disabled and cannot speak. What is the right thing to do now? Nobody signed any papers.
Fedor Rusin
appealing orders to eliminate violations of fire safety requirements.. I am an individual entrepreneur. The State Fire Inspectorate conducted an unscheduled inspection of my store in my absence. After 10 days, a report and an order to eliminate the identified violations arrived by mail. It also contains the phrase that if I disagree with the order, I have the right to appeal it in the manner established by the legislation of the Russian Federation. What is the procedure and on what basis of law do I have the right to appeal an order to eliminate violations of fire safety requirements. Which court should I go to? Arbitration or district court?
Galina Molchanova
What liability does a violation of fire safety requirements entail?
Evdokia Sorokina
violation of fire safety requirements at the enterprise. Please tell me, if an official extorts a bribe when violations of fire safety requirements are discovered at an enterprise, is there any way (other than physically eliminating the extortionist) to avoid closing the enterprise and not paying him money? and in general, in our country all violations, regardless of the severity, entail closure (provided that the official was caught honest)?
Evgenia Fedorova
Dear motorists! Are there any rules that say you can’t park a car in front of the entrance? Thanks in advance for your answer.
Valeria Alexandrova
If a private entrepreneur does not have a fire alarm in the building, how much is the fine?
Grigory Agishin
At what distance from a five-story building are cars allowed to be parked??ARE THERE CRITERIA??
Leonid Krasnonosov
What law of the Russian Federation says that it is prohibited to burn fires on the territory of the city? You need an article and the amount of the fine that is due for a violation.
Lyubov Antonova
Who can help me fill out the application correctly? I don't understand Russian well.
Alexey Baruzdin
Can a fire inspector issue a fine without a previously issued order and warning? During the inspection, a report was issued on administrative violation and an order: the evacuation plan was carried out in violation of GOST 12.2.143-2009 (not using luminescent paint); connections to distribution boxes are made for twisting, and not using soldering, crimping or special clamps. Moreover, the inspector visits the institution regularly once every three months, and there have never been any comments, warnings, or orders in this regard. A fine of 2,000 rubles was issued.
Valery Tsaregorodtsev
Which article of the Criminal Code provides for punishment for throwing cigarette butts out of apartments onto the street? under the first floors apartment buildings mountains of cigarette butts thrown away by smokers on the loggia. How to prove which particular tenant throws them away and what actions to take to stop them from littering?
Evgenia Sergeeva
How to stop neighbors smoking on the landing? Requests are not effective. Explanations don't reach
Lidia Belova
where to find Fire Prevention Measures?...question from the chemistry ticket..)
Anna Gromova
Fine for throwing a cigarette butt. Tell me: a friend of mine has just been detained for throwing a cigarette butt. Now I’m moving towards her to help her morally. What does she face, what administrative documents must be drawn up, what is the threat of a fine or what?
Valentin Abashichev
Who knows how much the fine is and at what distance from houses you need to park your car...?
Alena Melnikova
violations were identified in the inspection report for compliance with fire safety requirements. it is necessary to fill out the “explanation of the manager on the identified violations” WHAT SHOULD I WRITE THERE?
Vasily Sevryugin
The neighbors smoke on the stairs, the disgusting smell of smoke penetrates into our apartment! Sometimes it seems like they were smoking in our house (+)
Arthur Feduliev
Please help me solve the problem administrative law. I need it very urgently, I don’t have time at all! Police Sergeant K and his wife, while relaxing in the forest on a day off, violated fire safety rules, as a result of which the director of the forestry enterprise on whose territory the offense occurred took the following measures: he fined each of them and reported the incident to the police department where K works. The head of the police department, in turn, reprimanded K and ordered him to pay compensation material damage, caused to the forestry enterprise. Are the actions of the director of the forestry enterprise and the head of the police department legal?
Pavel Batyaev
Neighbors are barbecuing, how to stop it? Once a week, on a weekend (and this time on both weekends), under the windows at a distance of 3 m from the house, the neighbors light a fire in two barbecues and fry kebabs. The apartment has an irritating and disgusting smell from a large amount of smoke and barbecue. How to stop this mess? What fire safety rules, code articles and penalties should I refer to? I'm 19, I live alone, my attitude towards my neighbors is negative. So a simple oral hearing cannot resolve the issue (it will lead to a meaningless discussion).
without causing serious harm to human health - entails the imposition of an administrative fine on citizens in the amount of five thousand rubles; for officials - fifty thousand rubles; for legal entities - from five hundred thousand to one million rubles.
Alexey Skoblikov
Only written statements to the Ministry of Internal Affairs, Ministry of Emergency Situations, and Fire Supervision of your area will help you; if the officer was inactive, indicate this in the application. Refer in your application to: Refer to paragraph 4 of Art. 17 Housing Code of the Russian Federation: The use of residential premises is carried out taking into account...
At what age does administrative responsibility begin? Silkov, a seventeen-year-old vocational school student, entered the buffet of the Gomel Fat Plant OJSC through a window and stole goods worth 50,000 rubles. When he appeared with the stolen goods on the street near the canteen, he was detained by a plant worker, about which a report was drawn up with the participation of the OJSC security chief. The report was transferred to the Novobelitsky District Department of Internal Affairs. Previously, Silkov was not brought to administrative or criminal liability. Based on the above, determine: 1. At what age does administrative responsibility begin? 2. What types administrative penalties provided for by the Code of Administrative Offences. What are the features of their application to minors? 3. Is Silkov subject to involvement in administrative responsibility? 4. If Silkov is subject to administrative liability, then under what article of the Code of Administrative Offenses of the Republic of Belarus?
Anastasia Guseva
Help! You need to make a fire safety memo! 10 points!
Nikolay Panshin
Hello. An initiative group started up in our house.... An initiative group started up in our house that decided to close the staircase exit to the street because one of the neighbors had their bicycle stolen. And if the elevators are not working, it is impossible to leave the house!! ! so I was late for work! Is it legal to close it? After all, in theory it should also be a fire exit. If possible, answers with reference to laws.
Andrey Udobnov
Help me answer life safety questions (((urgently needed...
Bogdan Vikentyev
Lawyer's answer:Article 20.4. Violation of fire safety requirements 1. Violation of fire safety requirements - entails a warning or the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles; for officials - from one thousand to two thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from one thousand to two thousand rubles or administrative suspension of activities for a period of up to ninety days; for legal entities - from ten thousand to twenty thousand rubles or administrative suspension of activities for a period of up to ninety days. And the fire extinguisher has nothing to do with it! A fire extinguisher is needed in case of a spontaneous fire. But here he is being deliberately cheated, and this in itself is a violation.
Incurs the imposition of an administrative fine on citizens in the amount of five to ten minimum sizes wages; for officials - from ten to twenty minimum wages; for persons carrying out entrepreneurial activities without forming a legal entity - from ten to twenty minimum wages or administrative suspension of activities for a period of up to ninety days; for legal entities - from one hundred to two hundred minimum wages or administrative suspension of activities for a period of up to ninety days. (as amended by Federal Law No. 45-FZ dated 05/09/2005) Also, these actions will contradict the norms fire safety Code of Administrative Offenses of the Russian Federation Article 20.4. Violation of fire safety requirements 1. Violation of fire safety requirements established by standards, norms and rules, with the exception of cases provided for in Articles 8.32, 11.16 of this Code, - entails a warning or the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles; for officials - from one thousand to two thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from one thousand to two thousand rubles or administrative suspension of activities for a period of up to ninety days; for legal entities - from ten thousand to twenty thousand rubles or administrative suspension of activities for a period of up to ninety days. Warn your neighbors and post these regulations on all floors. : Commentary on the Code of the Russian Federation on Administrative Offenses (article-by-article) / Ed. ed. Lieutenant General of Police N.A. Ovchinnikov. M.: Publishing house "Exam", 2009. P. 701 - 703. There is the following paragraph: “The above offenses are committed in public places, such as a street, stadium, square, park, public vehicle, courtyards, entrances, staircases, elevators of residential buildings, theaters, cinemas, open stage venues, entertainment enterprises (theatres, cinemas, palaces of culture), zoos, beaches, etc., i.e. precisely places where citizens gather. In addition, public. The place may become territories that are not such in normal times, for example, a forest clearing during citizens’ stay there.” new SanPiN 2.1.2.2645-10 Order of the Ministry of Emergency Situations of the Russian Federation dated June 18, 2003 N 313 “On approval of Fire Safety Rules in the Russian Federation (PPB 01-03) There is also a principle of using the entrance in accordance with internal rules.
Art. 19.15 Code of Administrative Offenses of the Russian Federation) “allowing an official to reside in a citizen of the Russian Federation without registration” http://www.rg.ru/2008/01/23/fms-reglament-dok.html/ Special conditions for military personnel, see paragraph 70 and subsequent Adm. regulations. (2) According to Art. 2.5 Code of Administrative Offenses of the Russian Federation to the adm. A serviceman cannot be held liable under this article. Only subject to disciplinary action. Article 2.5. Administrative responsibility of military personnel, citizens called up for military training, and persons with special ranks 1. For administrative offenses, with the exception of administrative offenses provided for in Part 2 of this article, military personnel, citizens called up for military training, and employees of internal affairs bodies with special ranks cases, bodies and institutions of the penal system, State fire service, traffic control authorities narcotic drugs and psychotropic substances and customs authorities in accordance with federal laws and other regulatory legal acts of the Russian Federation regulating the passage military service(services) by the indicated persons and their status bear disciplinary liability. 2. For administrative offenses provided for in Articles 5.1 - 5.26, 5.45 - 5.52, 5.56, 6.3, 7.29 - 7.32, Chapter 8, Article 11.16 (in terms of violation of fire safety requirements outside the place of military service (service) or military training), Chapters 12, 15 and 16, Article 17.7, Articles 18.1 - 18.4, 19.5.7, 19.7.2, 19.7.4 and Article 20.4 (regarding violation of fire safety requirements outside the place of military service (service) or military training) of this Code, the persons specified in part 1 of this article bear administrative responsibility on a general basis.
Yuri Toburkin
Who is responsible to firefighters - the owner of the building or the tenant of the premises in the building? PLEASE REPLY. Who is responsible to firefighters - the owner of the building or the tenant of the premises in the building? PLEASE ANSWER)))))))))))))))))))))) I (my LLC) rent several offices in a separate building. I received a notification from the fire department that we will have an inspection. And I need to submit a number of documents, including everything constituent documents, including, a document confirming the conduct of fire safety training, documents on the organization Maintenance equipment and systems fire protection, organizational and administrative documents required in accordance with the rules and regulations of fire safety, an insurance policy on fire insurance of property, acts on the availability and serviceability of equipment and fire protection systems (installation of fire extinguishing, fire alarm, technical report of the electrical measuring laboratory of external and internal fire water supply, warning people about a fire, external fire escapes). Should we imagine all this, because we are tenants, and according to 69-FZ, Art. 38 responsibility lies with the owner of the building. And who is generally responsible in case of violation? Why did we receive this notice at all, and not the owner of the building? In general, what do we owe to the fire department? ANSWER PLEASE! Added 1 minute ago The contract states that we are obliged to maintain the premises in the manner prescribed by fire regulations
- Lawyer's answer:
We read the Law "On Fire Safety". Article 38. Responsibility for violation of fire safety requirements Responsibility for violation of fire safety requirements in accordance with current legislation lies with: persons authorized to own, use or dispose of property, including heads of organizations. Since you own and use it as a lease, then the responsibility lies with you. Article 37. Rights and obligations of organizations in the field of fire safety Organization managers are obliged to: comply with fire safety requirements, as well as comply with instructions, regulations and others legal requirements fire officials; develop and implement measures to ensure fire safety; conduct fire prevention propaganda, as well as train their employees in fire safety measures; to include in collective agreement(agreement) fire safety issues; maintain fire protection systems and means, including primary fire extinguishing means, in good condition, and prevent their use for other purposes; provide assistance to fire protection in extinguishing fires, establishing the causes and conditions of their occurrence and development, as well as in identifying persons guilty of violating fire safety requirements and causing fires; provide, in accordance with the established procedure, the necessary forces and means when extinguishing fires on the territories of enterprises; provide access to fire officials when performing their official duties on the territory, buildings, structures and other facilities of enterprises; provide, at the request of state fire supervision officials, information and documents on the state of fire safety at enterprises, including the fire hazard of the products they produce, as well as fires that occurred on their territories and their consequences; immediately report to the fire department about fires, malfunctions of existing systems and fire protection equipment, changes in the condition of roads and passages; promote the activities of volunteer firefighters; ensure the creation and maintenance of fire departments at facilities included in the list of facilities critical for national security country, other particularly important fire-hazardous objects, especially valuable objects of cultural heritage of the peoples of the Russian Federation, on which mandatory is created fire department(with the exception of facilities where facility, special and military units of the federal fire service are created). Heads of organizations directly manage the fire safety system within their competence at subordinate facilities and bear personal responsibility for compliance with fire safety requirements.
Citizens of the Russian Federation have an inalienable right to health care. This right is ensured by environmental protection, the creation of favorable conditions for work, life, recreation, education and training of citizens, the production and sale of good-quality food products, as well as the provision of accessible medical and social assistance to the population. (as amended by Federal Law No. 309-FZ of December 30, 2008) (see the text in the previous edition) The state provides citizens with health care regardless of gender, race, nationality, language, social origin, official position, place of residence, attitude to religion , beliefs, membership in public associations, as well as other circumstances. The state guarantees citizens protection from any form of discrimination based on the presence of any disease. Persons guilty of violating this provision bear liability established by law. Citizens of the Russian Federation located outside its borders are guaranteed the right to health care in accordance with international treaties of the Russian Federation. Code of Administrative Offenses of the Russian Federation Article 6.4. Violation of sanitary and epidemiological requirements for the operation of residential premises and public premises, buildings, structures and transport Violation of sanitary and epidemiological requirements for the operation of residential premises and public premises, buildings, structures and transport - entails the imposition of an administrative fine on citizens in the amount of five to ten minimum times. wage rates; for officials - from ten to twenty minimum wages; for persons carrying out entrepreneurial activities without forming a legal entity - from ten to twenty minimum wages or administrative suspension of activities for a period of up to ninety days; for legal entities - from one hundred to two hundred minimum wages or administrative suspension of activities for a period of up to ninety days. (as amended by Federal Law No. 45-FZ of 05/09/2005) Also, these actions contradict the fire safety standards of the Code of Administrative Offenses of the Russian Federation Article 20.4. Violation of fire safety requirements 1. Violation of fire safety requirements established by standards, norms and rules, with the exception of cases provided for in Articles 8.32, 11.16 of this Code, - entails a warning or the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles; for officials - from one thousand to two thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from one thousand to two thousand rubles or administrative suspension of activities for a period of up to ninety days; for legal entities - from ten thousand to twenty thousand rubles or administrative suspension of activities for a period of up to ninety days. Warn your neighbors and post these regulations on all floors. Good luck and patience!
Stanislav Gogotov
the previous owner authorized a neighbor to build a garage in the vicinity of his property. Now he is blocking the passage. previous owner land plot I authorized my neighbor to build a garage in the vicinity of his site. Now he is blocking the passage to my site. Can I terminate this permission? I want to build, but my entrance is limited to 2.5 meters. The fire department will not come
Only a court can legitimize, and not two neighbors sharing a bottle, so if there is a violation building codes and fire safety rules or requirements - to court. First we need to try to amicably solve the problem.
(Administrative Code of the Russian Federation edition 2018-2019)
Code of Administrative Offenses
Article 20.4. Violation of fire safety requirements
(as amended by Federal Law dated June 3, 2011 N 120-FZ)
1. Violation of fire safety requirements, with the exception of cases provided for in Articles 8.32 and 11.16 of this Code and parts 6, 6.1 and 7 of this article, -
entails a warning or the imposition of an administrative fine on citizens in the amount of two thousand to three thousand rubles; for officials - from six thousand to fifteen thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from twenty thousand to thirty thousand rubles; for legal entities - from one hundred fifty thousand to two hundred thousand rubles.
(Part 1 as amended by Federal Law dated May 28, 2017 N 100-FZ)
2. The same actions committed under special fire conditions -
entail the imposition of an administrative fine on citizens in the amount of two thousand to four thousand rubles; for officials - from fifteen thousand to thirty thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from thirty thousand to forty thousand rubles; for legal entities - from two hundred thousand to four hundred thousand rubles.
(Part 2 as amended by Federal Law dated May 28, 2017 N 100-FZ)
3 - 5. Lost power. - Federal Law of May 28, 2017 N 100-FZ.
6. Violation of fire safety requirements, resulting in a fire and destruction or damage to someone else’s property or causing slight or moderate harm to human health, -
entails the imposition of an administrative fine on citizens in the amount of four thousand to five thousand rubles; for officials - from forty thousand to fifty thousand rubles; for legal entities - from three hundred fifty thousand to four hundred thousand rubles.
6.1. Violation of fire safety requirements, resulting in a fire and causing serious harm to human health or death, -
shall entail the imposition of an administrative fine on legal entities in the amount of six hundred thousand to one million rubles or administrative suspension of activities for a period of up to ninety days.
(Part 6.1 introduced by Federal Law dated December 1, 2012 N 212-FZ)
7. Failure of the manufacturer (supplier) to fulfill the obligation to include in the technical documentation for substances, materials, products and equipment information on the fire hazard indicators of these substances, materials, products and equipment or information on fire safety measures when handling them, if the provision of such information is mandatory , -
shall entail the imposition of an administrative fine on officials in the amount of fifteen thousand to twenty thousand rubles; for legal entities - from ninety thousand to one hundred thousand rubles.
8. Lost power. - Federal Law of May 28, 2017 N 100-FZ.
9. Violation by an expert in the field of fire risk assessment of the procedure for assessing the compliance of the object of protection with fire safety requirements established by legislative and other legal acts of the Russian Federation when conducting an independent fire risk assessment (fire safety audit) or signing a knowingly false conclusion on an independent fire risk assessment ( fire safety audit) -
shall entail the imposition of an administrative fine on officials in the amount of fifteen thousand to twenty thousand rubles or disqualification for a period of one to three years.
Full text of Art. 20.4 Code of Administrative Offenses of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 20.4 of the Code of Administrative Offenses of the Russian Federation.
1. Violation of fire safety requirements, with the exception of cases provided for in Articles 8.32, 11.16 of this Code and parts 3-8 of this article, -
entails a warning or the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred rubles; for officials - from six thousand to fifteen thousand rubles; for legal entities - from one hundred fifty thousand to two hundred thousand rubles.
2. The same actions committed under special fire conditions -
entail the imposition of an administrative fine on citizens in the amount of two thousand to four thousand rubles; for officials - from fifteen thousand to thirty thousand rubles; for legal entities - from four hundred thousand to five hundred thousand rubles.
3. Violation of fire safety requirements for internal fire-fighting water supply, electrical installations of buildings, structures and structures, electrical products or primary fire extinguishing means, or fire safety requirements for the provision of buildings, structures and structures with primary fire extinguishing means -
entails the imposition of an administrative fine on citizens in the amount of two thousand to three thousand rubles; for officials - from six thousand to fifteen thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from twenty thousand to thirty thousand rubles; for legal entities - from one hundred fifty thousand to two hundred thousand rubles.
4. Violation of fire safety requirements for evacuation routes, evacuation and emergency exits or automatic fire extinguishing systems and fire alarm systems, systems for warning people about fire and managing the evacuation of people in buildings, structures and structures or smoke protection systems for buildings, structures and structures -
entails the imposition of an administrative fine on citizens in the amount of three thousand to four thousand rubles; for officials - from fifteen thousand to twenty thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from thirty thousand to forty thousand rubles; for legal entities - from one hundred fifty thousand to two hundred thousand rubles.
5. Repeated commission of an administrative offense provided for in part 3 or 4 of this article -
entails the imposition of an administrative fine on citizens in the amount of four thousand to five thousand rubles; for officials - from twenty thousand to thirty thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from forty thousand to fifty thousand rubles or administrative suspension of activities for a period of up to ninety days; for legal entities - from two hundred thousand to four hundred thousand rubles or administrative suspension of activities for a period of up to ninety days.
6. Violation of fire safety requirements, resulting in a fire and destruction or damage to someone else’s property or causing slight or moderate harm to human health, -
entails the imposition of an administrative fine on citizens in the amount of four thousand to five thousand rubles; for officials - from forty thousand to fifty thousand rubles; for legal entities - from three hundred fifty thousand to four hundred thousand rubles.
6.1. Violation of fire safety requirements, resulting in a fire and causing serious harm to human health or death, -
shall entail the imposition of an administrative fine on legal entities in the amount of six hundred thousand to one million rubles or administrative suspension of activities for a period of up to ninety days.
(Part additionally included from December 14, 2012 by Federal Law of December 1, 2012 N 212-FZ)
7. Failure of the manufacturer (supplier) to fulfill the obligation to include in the technical documentation for substances, materials, products and equipment information on the fire hazard indicators of these substances, materials, products and equipment or information on fire safety measures when handling them, if the provision of such information is mandatory , -
shall entail the imposition of an administrative fine on officials in the amount of fifteen thousand to twenty thousand rubles; for legal entities - from ninety thousand to one hundred thousand rubles.
8. Violation of fire safety requirements regarding the provision of passages, passages and entrances to buildings, structures and structures -
entails the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand rubles; for officials - from seven thousand to ten thousand rubles; for legal entities - from one hundred twenty thousand to one hundred fifty thousand rubles.
(Article as amended, put into effect on June 17, 2011 by Federal Law of June 3, 2011 N 120-FZ.
Commentary on Article 20.4 of the Code of Administrative Offenses of the Russian Federation
1. The commented article includes the following administrative offenses: violation of fire safety requirements, except for the cases provided for in Art. Art. 8.32 and 11.16 Code of Administrative Offenses of the Russian Federation (part 1); violation of fire safety requirements under special fire conditions (Part 2); violation of fire safety requirements resulting in a fire without causing serious harm to human health (Part 3); unauthorized blocking of passages to buildings and structures installed for fire engines and equipment (Part 6). The commented article also includes two clauses (parts 4 and 5) related to certification in the field of fire safety (lack of a fire safety certificate, including when selling products and providing services that require such certification).
2. The article in question excludes administrative liability for violation of fire safety requirements provided for by other articles of this Code: Art. 8.32 - violation of fire safety rules in forests and Art. 11.16 - violation of fire safety requirements in railway, sea, inland waterway or air transport.
3. Ensuring fire safety, being one of the most important tasks of the state, is regulated by Federal Law of December 21, 1994 N 69-FZ “On Fire Safety” (as amended and additionally), Fire Safety Rules in the Russian Federation (PPB 01-03 ), approved by Order of the Ministry of Emergency Situations of Russia dated June 18, 2003 N 313 and put into effect on June 30, 2003 (RG. 2003. July 4), Decree of the Government of the Russian Federation dated December 21, 2004 N 820 “On State Fire Supervision” (as amended by Resolution No. 777 of October 2, 2009).
Article 20 of the Federal Law "On Fire Safety" determines the content and procedure for the adoption of acts establishing fire safety requirements, and indicates that technical regulation in the field of fire safety is carried out in the manner established by the legislation of the Russian Federation on technical regulation of fire safety.
In April 2009, Federal Law No. 123-FZ of July 22, 2008 came into force" Technical regulations on fire safety requirements." This Law defines in detail the basic concepts related to ensuring fire safety (clauses 1 - 49 of Article 2), establishes fire safety requirements for the design, construction and operation of settlements and urban districts (Section II) , buildings, structures and structures ( section III), requirements to production facilities(section IV), etc.
Clause 1 of the Fire Safety Rules in the Russian Federation (PPB 01-03) determines that these Rules establish fire safety requirements that are mandatory for application and execution by state authorities, local governments, organizations, regardless of their legal forms and forms of ownership, and their officials persons, entrepreneurs without the formation of a legal entity, citizens of the Russian Federation, foreign citizens, stateless persons in order to protect the life or health of citizens, property of individuals or legal entities, state or municipal property, environmental protection. Along with these Rules, you should also be guided by other regulatory documents, containing fire safety requirements and approved in the prescribed manner. For particularly complex and unique buildings, in addition to complying with the requirements of the Fire Safety Rules in the Russian Federation, special rules fire safety, reflecting the specifics of the operation of these facilities and taking into account fire danger. These special fire safety rules must be agreed with the state fire supervision authorities in the prescribed manner. At each facility, instructions on fire safety measures must be developed for each explosion-hazardous and fire-hazardous area (workshop, workshop, etc.). Taking into account the importance of preventive measures in ensuring fire safety, the legislator introduced administrative suspension of activities as the main (alternative) punishment individual entrepreneur or a legal entity for a period of up to 90 days by order of a district judge (see Federal Law of May 9, 2005 N 45-FZ, as well as comments to Articles 3.12 and 32.12).
4. The object of an administrative offense in the field of fire safety acts as a set public relations in the field of fire safety.
5. Objective side the offense consists of violation or failure by an official, citizen or legal entity to comply with fire safety requirements. The wrongful act of the guilty person is not associated legal norm with the inevitable onset of harmful consequences. To bring to administrative responsibility, the very fact of violation (failure to comply) with fire safety requirements is sufficient, since administrative offenses in the area in question are considered completed from the moment the illegal acts themselves are committed.
The exception is Part 3 of the commented article of the Code, which provides for administrative liability for violation of fire safety requirements in the event of a fire without causing serious harm to human health.
6. Since the disposition of this article is blanket, in order to bring the perpetrators to administrative responsibility it is necessary to establish what specific requirements were violated or not fulfilled.
Specification of the objective side of the administrative offense provided for in Part 3 of this article necessitates the need to refer to Art. 30 of the Federal Law "On Fire Safety" and regulatory legal acts government authorities, on the basis of which in the event of an increase in fire danger (for example, when natural disasters, major man-made disasters, introduction state of emergency) a special fire regime can be established, Additional requirements fire safety, agreed with the state fire service.
The objective side of the offenses provided for in parts 3 - 5 of this article can be identified on the basis of the above-mentioned Federal Law of July 22, 2008 N 123-FZ "Technical Regulations on Fire Safety Requirements", Federal Law of August 8, 2001 . N 128-FZ "On licensing individual species activities" (with amendments and additions), as well as relevant decrees of the Government of the Russian Federation and departmental regulatory legal acts detailing the procedure for issuing and mandatory receipt (availability) of fire safety certificates for certain products, sales of products or provision of services.
The objective side of the composition provided for in Part 6 of this article can be expressed in unauthorized blocking of passages to buildings and structures of fire engines and equipment, not agreed with the state fire service, associated with construction and repair work, arrangement of parking lots, including the installation of so-called "shells" for storing cars, etc.
7. Illegal acts can be expressed both in the form of active actions (violation) and in the form of inaction (failure to comply) of officials and citizens.
8. When establishing administrative liability for violation of fire safety requirements, three categories of subjects are distinguished: citizens; officials directly responsible for ensuring compliance specified requirements in the area of work entrusted to them; legal entities. Responsibility for ensuring fire safety rests with their managers. They also determine the persons responsible for fire safety of individual territories, buildings, structures, premises, etc.
Responsibility for fire safety of facilities private property(individual residential houses, dachas, garden houses, garages, outbuildings, etc.) are borne by their owners, and when renting buildings, structures, premises, installations - by tenants.
9. Persons who have reached the age of 16 at the time of committing the offense are subject to administrative liability.
10. Military personnel and those called up for military training, as well as employees of internal affairs bodies, penal system bodies, the State Fire Service, drug control authorities and customs authorities for violation (failure to comply) with current fire safety requirements outside the place of duty are liable. on a general basis (Article 2.5 of the Code).
11. Violation of fire safety requirements can be expressed in the form of both intent and negligence, and in relation to the consequences that occur - in the form of negligence (excluding arson).
An offense is considered careless (committed through negligence) when guilty person did not foresee the illegal nature of its actions, although it should have and could have foreseen. Guilt in the form of negligence, arrogance or negligence occurs in cases where the subject of administrative responsibility commits an action (inaction) that violates fire safety requirements, with which he was not previously familiar, although he was aware that in this area there are relevant norms and rules governing established order fire protection.
12. The basis for distinguishing administrative offenses in the field of fire safety from crimes provided for in Art. 219 of the Criminal Code of the Russian Federation, is the absence of infliction of serious harm to human health through negligence or the absence of an act that negligently resulted in the death of a person.
13. Cases of administrative offenses are considered by officials of the bodies exercising state fire supervision (Article 23.34), and under Part 1 of this article - by district judges, if there is a need to apply punishment in the form of administrative suspension of activities (Part 2 of Article 23.1) .
Protocols on administrative offenses are drawn up by officials of the bodies exercising state fire supervision (Part 1 of Article 28.3); according to Parts 1 - 3 of this article - also the bodies implementing state control and supervision in the field of safe conduct of work related to the use of subsoil, industrial safety and safety of hydraulic structures (clause 39, part 2, article 28.3); under Part 6 - internal affairs bodies (police) (Clause 1, Part 2, Article 28.3).
Consultations and comments from lawyers on Article 20.4 of the Code of Administrative Offenses of the Russian Federation
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And11.16 this Code andparts 6 , 6.1 And7 of this article, -entails a warning or the imposition of an administrative fine on citizens in the amount of two thousand to three thousand rubles; for officials - from six thousand to fifteen thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from twenty thousand to thirty thousand rubles; for legal entities - from one hundred fifty thousand to two hundred thousand rubles.
2. The same actions performed under conditionsspecial fire regime , -
entail the imposition of an administrative fine on citizens in the amount of two thousand to four thousand rubles; for officials - from fifteen thousand to thirty thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from thirty thousand to forty thousand rubles; for legal entities - from two hundred thousand to four hundred thousand rubles.
3. Invalid as of June 9, 2017 -the federal law dated May 28, 2017 N 100-FZ.
4. Invalid as of June 9, 2017 -the federal law dated May 28, 2017 N 100-FZ.
5. Invalid as of June 9, 2017 -the federal law dated May 28, 2017 N 100-FZ.
6. Violation of fire safety requirements, resulting in a fire and destruction or damage to someone else’s property or causing slight or moderate harm to human health, -
entails the imposition of an administrative fine on citizens in the amount of four thousand to five thousand rubles; for officials - from forty thousand to fifty thousand rubles; for legal entities - from three hundred fifty thousand to four hundred thousand rubles.
6.1. Violation of fire safety requirements, resulting in a fire and causing serious harm to human health or death, -
shall entail the imposition of an administrative fine on legal entities in the amount of six hundred thousand to one million rubles or administrative suspension of activities for a period of up to ninety days.
7. Failure of the manufacturer (supplier) to fulfill the obligation to include in the technical documentation for substances, materials, products and equipment information on the fire hazard indicators of these substances, materials, products and equipment or information on fire safety measures when handling them, if the provision of such information is mandatory , -
shall entail the imposition of an administrative fine on officials in the amount of fifteen thousand to twenty thousand rubles; for legal entities - from ninety thousand to one hundred thousand rubles.
8. Invalid as of June 9, 2017 -the federal law dated May 28, 2017 N 100-FZ.
9. Violation by an expert in the field of fire risk assessmentorder assessing the compliance of the object of protection with fire safety requirements established by legislative and other legal acts of the Russian Federation, when conducting an independent fire risk assessment (fire safety audit) or signing a knowingly false conclusion on an independent fire risk assessment (fire safety audit) -
shall entail the imposition of an administrative fine on officials in the amount of fifteen thousand to twenty thousand rubles or disqualification for a period of one to three years.