Information about the experience of transferring part of the services to non-governmental organizations. Supervisory authorities

M. R. Yusupov

RF Pension Fund

Administrations of districts of the city of Moscow.

FSETAN RF is the Federal Service for Nuclear Technology and Environmental Supervision Russian Federation(abbreviated as Rostekhnadzor) . The duties of the department include control and supervision of public and private enterprises operating in the field of "civil" nuclear power. FSETAN - a structure responsible only for the "peaceful atom". It should be shared with the state corporation Rosatom, which is in charge of radiation hazardous facilities belonging to defense complex RF (former Ministry of Atomic Energy).

Rostekhnadzor: history of organization and renaming

Gosatomnadzor in Russia, sometimes called Atomnadzor for short, has existed since 1991. Its activity was regulated by the Regulations approved by Decree of the Presidium of the Russian Federation of February 18, 1993 No. 284. In 2002, a new version of the document regulating the activities of the department was adopted - the Regulation on the Federal Supervision of Russia for Nuclear and Radiation Safety, approved by Decree of the Government of the Russian Federation of April 22, 2002 No. 265.

The regulation became invalid in 2004, when Rostekhnadzor was formed by Decree of the Government of the Russian Federation No. 401 dated July 30 of the same year. The department was created by merging Gosgortekhnadzor and the Federal Service for Nuclear Supervision (formerly known as Gosatomnadzor). From that moment on, the functions of nuclear supervision were completely transferred to the new department. Thus, the former Gosatomnadzor (GAN for short) is the current Rostekhnadzor.

Rostekhnadzor at the same time is the second, shorter and also used in official documentation the name of the institution known as FSETAN (short for Federal Service for Nuclear Technology and Environmental Supervision). In fact, Rostekhnadzor and FSETAN designate the same department. Therefore, the "atomic license" of Rostekhnadzor, the FSETAN license and the GAN (Gosatomnadzor) license are also one and the same document, although under different names.

Do not confuse Rostekhnadzor (former Gosatomnadzor of Russia) and the Belarusian Gosatomnadzor, which was established in 2007 and has not changed its name since! The Russian Gosatomnadzor was renamed, as already mentioned, back in 2004.

Rostekhnadzor: functions and responsibilities in the field of nuclear supervision

Nuclear supervision of Rostekhnadzor (or FSETAN) includes:

regular on-site inspections at the objects of use atomic energy for the purpose of verification of compliance with nuclear and radiation safety and the maximum provision of nuclear and radiation safety in accordance with the current rules and regulations in the industry;
obtaining the necessary data and information about such facilities, including those related to state secrets, engaging relevant specialists to ensure the safety of nuclear facilities;
nuclear environmental supervision, including the imposition of bans on the use of materials (equipment, installations, etc.) dangerous to the civilian population, NPP employees or the environment;
issuance (extension or re-issuance) of nuclear licenses to organizations engaged in the field of "peaceful atom";
The Federal Inspectorate for Nuclear Supervision also makes sure that enterprises do not violate the terms of licenses, follow instructions and correct violations identified during inspections.

Rostekhnadzor (ex-Gosatomnadzor) carries out licensing activities in accordance with the Federal Law “On the Use of Atomic Energy” No. 170. Another document regulating the activities of the agency in terms of licensing is the Administrative Regulations in the field of the use of atomic energy. It should be taken into account that the organizations themselves are required to issue an order on the introduction of a nuclear license in the organization after receiving it, in order for it to come into force.

Among other documents that directly affect the activities of Rostechnadzor (ex-Gosatomnadzor), the rules and norms included in the List of current Federal norms and rules in the field of the use of atomic energy (in latest edition dated December 28, 2016). The list is available at the link on the official website of the department: http://www.gosnadzor.ru/activity/control/acts/nuclear/nuclear_fnp/.

Environmental nuclear supervision is carried out not only taking into account the current legislation of the Russian Federation, but also international agreements in this area, for example, with the IAEA.

Contact details

Head of FSETAN - Aleshin A.V., head of the organization since 2014, appointed by order of the Government of the Russian Federation dated January 13, 2014 No. 11-r.

Contacts: [email protected]

Address: 105066, Moscow, st. A. Lukyanova, 4, building 1

Official site: http://www.gosnadzor.ru/

Public Council FSETAN: Taganskaya, 34, building 1, Moscow, 109147.

Organizational structure

The structure of Rostekhnadzor includes 6 interregional territorial departments on supervision of nuclear and radiation safety, each of which is responsible for state supervision in certain subjects of the Russian Federation. As for the names and distributions of MTU for NRS supervision, which are managed by the Federal Service for Technological and Nuclear Supervision, the scheme is as follows:

The central office of Rostekhnadzor is located in Moscow.
Rostekhnadzor's Center for Nuclear Supervision (Central Directorate), located in Moscow.
North-European MTD for NRS, located in St. Petersburg.
Don MTU for NRS, located in Novovoronezh.
Volga MTU for nuclear and radiation safety, located in Balakovo.
Ural MTU for NRS, located in Yekaterinburg.
MTU for NRS in Siberia and the Far East, located in Novosibirsk.

The duties of the MTU include, among other things, the issuance of nuclear licenses to enterprises at their legal addresses, coinciding with the area of responsibility of a particular MTU.

MORE ABOUT STATE CONTROL (SUPERVISION)

They will have to be addressed if the enterprise plans to build a nuclear power plant or its constituent units, design, research and other activities in the nuclear field.

All issued permits are recorded by the Federal Service for Environmental, Technological and Nuclear Supervision - a register of licenses, both valid and expired, is created for the federal districts of the Russian Federation and updated every reporting year.

It should be taken into account that nuclear licenses in the territories of neighboring CIS states are issued on a general basis (as for residents) in accordance with the laws of these countries. For example, registration of licenses for work in Kazakhstan is carried out on the basis of the Law of January 12, 2016 No. 442-V "On the use of atomic energy" of the Republic of Kazakhstan. Usually in such cases, the company needs to open a branch, representative office, subsidiary in the territory of the Republic of Kazakhstan (or other states of the former USSR).

List of regulatory authorities whose inspections are present in the consolidated inspection plan

R. Yusupov

List of supervisory authorities

THE MAIN FEDERAL EXECUTIVE AUTHORITIES OF THE RUSSIAN FEDERATION THAT ARE AUTHORIZED TO IMPLEMENT STATE CONTROL AND SUPERVISION OVER BUSINESS ENTITIES:

Federal tax service RF
Ministry of Internal Affairs of the Russian Federation
Federal Customs Service of the Russian Federation
State Fire Service EMERCOM of Russia
Federal Service for Supervision of Consumer Rights Protection and Human Welfare of the Russian Federation
RF Pension Fund
Federal Service for Labor and Employment of the Russian Federation
Federal Financial Monitoring Service of the Russian Federation
Federal Agency for Federal Property Management (Rosimushchestvo) of the Russian Federation
Federal Service for financial markets(FFMS) RF
Federal Antimonopoly Service of the Russian Federation
Federal Service for Financial and Budgetary Supervision or Rosfinnadzor of the Russian Federation
Licensing structures that issued a license for a certain type of activity; have the right to check in accordance with article 12 federal law dated 08.08.2001 128-FZ "On licensing certain types activities".

LIST OF EXECUTIVE AUTHORITIES OF THE CITY OF MOSCOW AND ORGANIZATIONS UNDER THEM AUTHORIZED TO CARRY OUT STATE CONTROL (SUPERVISION):

Department of the consumer market and services of the city of Moscow.
Department of Property of the City of Moscow.
Department of nature management and environmental protection of the city of Moscow.
Department of food resources of the city of Moscow.
Department of housing and communal services and improvement of the city of Moscow.
Department of Education of the city of Moscow.
Department of health of the city of Moscow.
Department of Land Resources of the City of Moscow.
Department physical education and sports of the city of Moscow.
Department of transport and communications of the city of Moscow.
Committee for Advertising, Information and Design of the City of Moscow
State inspection of the city of Moscow for the quality of agricultural products, raw materials and food.
Main Department of State Financial Control of the city of Moscow.
State housing inspection of the city of Moscow.
Committee for Architecture and Urban Planning of the city of Moscow.
State Inspectorate for Control over the Use of Real Estate in the City of Moscow.
Moscow Veterinary Committee.
Association of administrative and technical inspections of the city of Moscow.
Joint Ecological, Technological and Research Center for the Neutralization of Radioactive Waste and Environmental Protection of the State Unitary Enterprise MosNPO Radon.
Prefectures of administrative districts of the city of Moscow.
Moscow State Construction Supervision Committee.
Administrations of districts of the city of Moscow.
Main Directorate of EMERCOM of Russia for Moscow.

In Law No. 294-FZ, protecting the rights legal entities when exercising control, in July 2016, amendments were introduced regarding the application checklists. Active work is underway to realize this possibility. What is a checklist, when is it used, and how difficult are the questions on it?

The introduction of checklists is provided for by the Control and Supervisory Activities Plan for 2016-2017 and the Control and Supervisory Reform.

What are checklists?

Checklists (PL) include lists control questions, the answers to which clearly indicate compliance or non-compliance by the object of verification mandatory requirements that are the subject of the test. For example, a PL developed by Rostrud to verify compliance with the requirements for the content of employment contracts may contain a question about the presence in the employment contract of mandatory provisions, such as labor function, information about guarantees and compensations for work in harmful and (or) dangerous working conditions, wage conditions, etc.

Answering these questions, the employer chooses one of the three proposed answers: “yes” - if there are provisions, “no” - if there are no provisions, “does not apply” - if the requirement is not applicable to a specific employment contract (for example, on the nature of work, if the work of a particular person does not have a mobile, traveling or any other character).

At the same time, the details of regulatory legal acts (with an indication of their structural units that establish mandatory requirements) or requirements determined by municipal legal acts. For example, if the issue of Rosprirodnadzor regarding the payment of fees for the negative impact on environment, is worded as follows: “Did the persons obliged to pay the fee conceal or deliberately misrepresent the information contained in the declaration of payment for the negative impact on the environment?” - then the reference to the NPA should be as follows: “Art. 8.5 of the Code of Administrative Offenses of the Russian Federation” (concealment or distortion of environmental information).

In accordance with the regulation on the type of control (supervision), the list may contain issues affecting all mandatory requirements for the object of verification, or limit the subject of verification to only a part of the mandatory requirements, compliance with which is most significant.

In addition to the list of questions, the checklist in accordance with the Requirements for PLs must contain the following information:

an indication of the type of control (supervision), type (s) of activity of the control object, production facilities, their types and (or) individual characteristics, risk categories, hazard classes (categories) that make it possible to unambiguously identify the scope of the checklist form;
an indication of the restriction of the subject of a scheduled inspection to mandatory requirements, requirements established by municipal legal acts set out in the form of a checklist (if this is provided for by the relevant regulation on the type of federal state control (supervision), the procedure for organizing and conducting the type of regional state control (supervision), type municipal control);
the name of the control (supervision) body and the details of the legal act on the approval of the form of the checklist.

This list is open, because according to paragraph "g" of Art. 4 Requirements for submarines, the checklist may include other data established by the regulation, procedure or regulations for the implementation a certain kind control.

In addition, the checklist must contain a field for entering information, in particular, the name of the object of the check, the place of its conduct, as well as the details of the order or order to conduct it, the position, surname and initials of the controller.

Article 5 of the Requirements for PLs provides for the possibility of issuing checklists in the form electronic document signed with an enhanced qualified electronic signature.

In what cases are PLs used?

Checklists can be used when conducting inspections of all or individual legal entities - the application is determined by the type (separate characteristics) of the production facilities used by them or by classifying the activities of the legal entity and (or) the production facilities used by it to a certain risk category, a certain class (category) of danger ( Part 11.2, Article 9 of Law No. 294-FZ).

Federal Law No. 246-FZ of July 13, 2015, effective January 1, 2018, introduced a risk-based approach when organizing certain types of state control (supervision).

The list of types of control in which this approach is applied is determined by Decree of the Government of the Russian Federation of August 17, 2016 No. 806.

Control using a risk-based approach will be carried out, in particular, in the form of checks using checklists.

Checklists are used only when conducting scheduled inspections. The obligation to use them is provided for by the relevant regulation on the type of federal state control (supervision), as well as the procedure for organizing and conducting certain types of state, municipal control (part 11.1 of Art.

9 of Law No. 294-FZ).

For example, Decree of the Government of the Russian Federation dated July 14, 2017 No. 840 obliges Roszdravnadzor to use checklists when conducting scheduled inspections from January 1, 2018. The Decree amends some acts of the Government of the Russian Federation in terms of establishing the obligation to use the lists of control questions of Roszdravnadzor when exercising state control over circulation medical devices; federal state supervision in the sphere of circulation medicines; state control of quality and safety of medical activity.

And Decree of the Government of the Russian Federation of June 29, 2017 No. 774 introduces appropriate changes to the Regulation on fire supervision. Similar resolutions introduce the procedure for the use of submarines in the field of nature management, with federal state sanitary and epidemiological supervision, during scheduled inspections within the framework of state and municipal control, etc.

In this case, the subject of a scheduled audit will be limited to the list of questions included in the checklists. So, Rostrud has developed several groups of control questions for various control measures: on compliance with the procedure and conditions for changing employment contract, on compliance with the procedure for terminating an employment contract, on compliance with general requirements on establishing the mode of operation and recording working hours, on compliance with the requirements for the provision of annual basic paid leave, etc.

The completed list of control questions is attached to the inspection report.

Who develops the checklist?

Checklists are developed and approved by state or municipal control bodies. Each developer must draw up his verification document based on the Requirements for the PL.

When conducting joint audits, consolidated checklists may be used. In this case, PLs are developed and approved by several control (supervision) bodies (clause 5, article 7.1, part 11.4, article 9 of Law No. 294-FZ).

Where can I find checklists for a specific type of control?

Forms of checklists approved by the supervisory authorities of the federal, regional and municipal level, must be posted on the official websites of these bodies (clause 6 of the Requirements for PL).

These forms can be used to develop and host interactive services for legal entities to self-check compliance with mandatory requirements and (or) requirements established by municipal legal acts.

There are still few approved forms of checklists - most of them are at the draft stage. And a few ready-made ones, for the most part, are not yet posted on official sites. For example, the author of the article could not find on the website of Rostekhnadzor (gosnadzor.ru) a verification form approved by the Order of Rostekhnadzor dated May 18, 2017 No. 167, used in the implementation of federal state construction supervision at the stage of construction, reconstruction of hydraulic structures of electric power facilities (standard form). In reference and information systems, it already exists. Not on the official site yet.

Information on the development of draft relevant acts and the results of their public discussion should be posted on the Portal of Draft Legal Acts (regulation.gov.ru). Such forms at the time of this writing (August 2017) were posted there by: Roszdravnadzor, Rostrud, Rosselkhoznadzor, Rosprirodnadzor, Ministry of Emergency Situations, Roshydromet, Rostransnadzor, Ministry of Communications.

* * *

It is assumed that the use of DPs during inspections and their placement on the Internet will increase the effectiveness of inspections and reduce the administrative burden on controlled entities.

S. N. Stepanov,

17. CONTROL AND SUPERVISION OF COMPLIANCE WITH LABOR LEGISLATION

The concept of control and supervision over compliance with labor laws

In accordance with Art. 45 of the Constitution of the Russian Federation state protection human rights and freedoms in the Russian Federation are guaranteed.

One of the guarantees of compliance labor rights citizens in our country is the activity of the system government agencies control and supervision of compliance labor law and the presence of public control in this area.

Control and supervision over compliance with labor legislation are types of protective activities of state bodies and public organizations aimed at ensuring the labor rights of citizens and suppressing violations of labor laws.

The distinction between the specified activities ( control and supervisory) is carried out on the bodies that implement them, on the methods by which they detect violations of labor legislation and on the methods of responding to them.

Depending on the bodies that carry out control and supervisory activities in the field of labor legislation, there are: state control and supervision of compliance with this legislation, as well as public control in the field of labor.

Bodies exercising control and supervision over compliance with labor legislation

State control and supervision is carried out by:

specially authorized bodies control and supervision;
prosecution authorities;
judicial authorities;
federal executive authorities.

Public control is carried out by:

trade unions;
other authorized representative bodies of employees.

The system of the main bodies exercising state supervision and control over compliance with labor legislation is given in Art. 244 Labor Code of the Russian Federation. This system is formed by specially authorized bodies and inspections that carry out this activity at enterprises, institutions and organizations, regardless of their form of ownership and subordination. These include:

Federal Labor Inspectorate under the Ministry of Labor and social development RF ( Rostrudinspektsiya);
Federal Mining and Industrial Supervision of Russia ( Gosgortekhnadzor of Russia);
Federal Supervision for Nuclear and Radiation Safety ( Gosatomnadzor of Russia);
bodies of state energy supervision ( state energy supervision) in the Russian Federation;
bodies and institutions of state sanitary and epidemiological supervision ( state sanitary and epidemiological supervision), the system of which is headed by the Ministry of Health of the Russian Federation;
The Ministry of Economy of the Russian Federation, which performs certain control and supervisory functions in the region industrial safety in the production and disposal of rocket fuel, explosives, testing of ammunition and missiles at hazardous production facilities.

According to part 2 of Art. 244 of the Labor Code of the Russian Federation and the Federal Law "On the Prosecutor's Office of the Russian Federation", the highest supervision over the exact and uniform implementation of labor laws in Russia is carried out by the Prosecutor General of the Russian Federation and prosecutors subordinate to him.

The regulation on the Federal Labor Inspectorate under the Ministry of Labor and Social Development of the Russian Federation was approved by Decree of the President of the Russian Federation of July 20, 1994.

In accordance with the requirements of Art. 20 of the Federal Law of July 17, 1999 No. 181-FZ "On the Basics of Occupational Safety and Health in the Russian Federation", by Decree of the Government of the Russian Federation of September 9, 1999 No. 1035, the previously existing structure of Rostrudinspektsiya was changed, and subordinate state inspections labor of subjects of the Russian Federation are directly reassigned to the Ministry of Labor of Russia. In this regard, on the basis of this Federal Labor Inspectorate and these inspectorates, a unified federal centralized system of state bodies was formed ( federal labor inspectorate), which includes:

Department of State Supervision and Control over Compliance with Legislation on Labor and Labor Protection, composed of central office Ministry of Labor and Social Development of the Russian Federation;
state labor inspectorates in the constituent entities of the Russian Federation;
interregional state labor inspectorates.

Consisting on the federal public service in the federal labor inspectorate, state legal inspectors and state labor protection inspectors supervise and control compliance with all labor legislation, including labor protection standards at enterprises and other organizations, regardless of their form of ownership and organizational and legal forms. It is assumed that they functional responsibilities, in addition to Art. 20 of the above Federal Law, will also be regulated and specified in the new Regulations on the Federal Labor Inspectorate, prepared for approval by the Government of the Russian Federation.

Unlike labor inspectorates, specially authorized bodies supervise and control only the observance of the rules and norms on labor protection also at all enterprises, institutions and organizations ( or at supervised facilities), regardless of their form of ownership.

According to Art.

245 of the Labor Code of the Russian Federation state supervision over compliance with the rules for the safe conduct of work in certain industries ( coal, mining, oil and gas production, oil and gas processing, metallurgical and other) and on some objects ( lifting structures, boiler plants, pressure vessels and other) is carried out by the Federal Mining and Industrial Supervision of Russia ( Gosgortekhnadzor of Russia). The regulation on it was approved by Decree of the President of the Russian Federation of February 18, 1993 No.

As defined by Art. 246 of the Labor Code of the Russian Federation, state supervision over the implementation of measures to ensure the safe maintenance of electrical and heat-using installations is carried out by a single centralized system of state energy supervision bodies in the Russian Federation. This system includes:

Main Directorate of State Energy Supervision of the Ministry of Fuel and Energy of the Russian Federation;
regional offices ( territorial bodies Ministry of Fuel and Energy of Russia) state energy supervision;
departments of state energy supervision in the constituent entities of the Russian Federation ( government agencies).

The regulation on state energy supervision in the Russian Federation was approved by Decree of the Government of the Russian Federation of August 12, 1998 No. 938.

State Sanitary and Epidemiological Supervision ( Art. 247 Labor Code of the Russian Federation) compliance by enterprises, institutions, organizations with hygiene standards, sanitary and hygienic and sanitary and anti-epidemiological rules is carried out by the state sanitary and epidemiological service of the Russian Federation. As established by Art. 46 of the Federal Law of March 30, 1999 No. 65-FZ "On the sanitary and epidemiological welfare of the population", this service is a single federal centralized system bodies and institutions exercising state supervision in the named area.

The system of the State Sanitary and Epidemiological Service of the Russian Federation includes:

federal executive body authorized to exercise state sanitary and epidemiological supervision in the Russian Federation. In accordance with the Regulation approved by the Decree of the Government of the Russian Federation of October 14, 1996 ( with last, rev. and additional), such body is the Ministry of Health of the Russian Federation, which includes the Department of State Sanitary and Epidemiological Surveillance;
bodies and institutions of the State Sanitary and Epidemiological Service of the Russian Federation, created for the purpose of state sanitary and epidemiological surveillance in the constituent entities of the Russian Federation, cities, regions ( centers of state sanitary and epidemiological supervision) and on water, air transport;
structural subdivisions, institutions of federal executive authorities for railway transport, defense, internal affairs, security, border service, justice, tax police, exercising state sanitary and epidemiological supervision at subordinate facilities and subordinate organizations;
state research and other institutions carrying out their activities in order to ensure state sanitary and epidemiological surveillance in the Russian Federation.

The system of these bodies is structurally subordinate to the Department of State Sanitary and Epidemiological Surveillance of the Ministry of Health of the Russian Federation ( in accordance with the Regulations on it, approved by the Decree of the Government of the Russian Federation of October 14, 1996, taking into account the changes and additions made by the Decree of August 22, 1998 No.) and the Chief State Sanitary Doctor of the Russian Federation. The latter, as well as the chief state sanitary doctors of the constituent entities of the Russian Federation, cities, regions, transport, the mentioned federal executive bodies organize the activities of the system of the above service of the Russian Federation.

State supervision over compliance with the rules on nuclear and radiation safety ( Art. 247? Labor Code of the Russian Federation) is carried out Federal oversight Russia for Nuclear and Radiation Safety ( Gosatomnadzor of Russia). According to the Regulation approved by the order of the President of the Russian Federation of June 5, 1992, Gosatomnadzor of Russia exercises supervision in the specified area during the production, circulation and use for peaceful and defense purposes of atomic energy, nuclear materials, radioactive substances and products based on them. The same supervision during development, manufacture, testing, operation, storage and disposal nuclear weapons and nuclear power plants for military purposes is carried out by the Ministry of Defense of the Russian Federation. Coordination of the activities of the said federal executive bodies is entrusted to the Government Commission for the Comprehensive Solution of the Problems of Nuclear Weapons.

Decree of the Government of the Russian Federation of February 11, 1999 No. 161 assigned to the Ministry of Economy of the Russian Federation certain control or supervisory functions in the field of industrial safety in the production and disposal of rocket fuel, explosives, pyrotechnic compositions and products based on them, testing of ammunition and missiles at hazardous industrial objects. These functions should be provided for in the agreement on interaction between the Ministry of Economy of the Russian Federation and the Gosgortekhnadzor of Russia, the conclusion of which is established by Decree of the Government of the Russian Federation of July 17, 1998 No. 779.

Within their competence, the above bodies and inspections have the right to conduct inspections, demand explanations from officials issue orders to eliminate violations of labor legislation and labor protection standards, bring to administrative responsibility for committed offenses and perform other actions.

What other bodies exercise control functions in the sphere of labor and which of them have the right to engage in public control over the precise and correct application of labor standards?

In addition to these bodies, ministries and departments in relation to subordinate enterprises, institutions and organizations carry out internal control over compliance with labor laws.

judiciary ( Constitutional Court of the Russian Federation, courts of general jurisdiction), making decisions on the recognition of the strike as illegal or in the procedure for resolving a labor dispute based on complaints from employees, also monitor compliance by employers and employees with labor laws.

Control over the conditions and labor protection, the quality of the certification of workplaces for working conditions, the validity of the provision of benefits for hard work, work with harmful and dangerous working conditions in accordance with Art. 21 of the Federal Law of July 17, 1999, No. 181-FZ "On the Basics of Labor Protection in the Russian Federation", state examinations of working conditions are carried out. According to the Decree of the Council of Ministers of the RSFSR of December 13, 1990, the system of these bodies consists of: the All-Russian State Expertise of Working Conditions and state expertise working conditions of the subjects of the Russian Federation.

In accordance with Art. 248 Labor Code of the Russian Federation and art. 19 of the Federal Law of January 12, 1996 No. 10-FZ "On trade unions, their rights and guarantees of activity" public control over compliance with labor legislation is carried out by trade unions. For these purposes, they have the right to form special bodies: legal and technical inspection labor, elect an authorized ( trusted) person for labor protection.

At those enterprises, institutions, organizations where the trade union organization does not operate, the authorized ( trusted) a person is nominated from the labor collective. Recommendations for the organization of its work were approved by the Decree of the Ministry of Labor of Russia dated April 8, 1994 No. 30.

Public control over the application by the administration of the enterprise of labor standards is actually carried out by the commission on labor disputes which, according to Art. 203 Labor Code of the Russian Federation, elected general meeting the labor collective of an enterprise, institution, organization with at least 15 employees.

The powers of the above public bodies are determined by law, including local regulations on labor and separate provisions on them.

Responsibility of officials for committed violations of labor legislation

As provided for in Art. 214 and 249 of the Labor Code of the Russian Federation, officials guilty of violating labor legislation and labor protection standards, failing to fulfill obligations under collective agreements and agreements, or obstructing the activities of trade unions, are subject to disciplinary ( general and special), material ( full and limited), administrative ( in the form of a warning or a fine) and criminal ( with the appointment of criminal penalties in the form of: imprisonment, compulsory works, a fine, deprivation of the right to hold certain positions or engage in certain activities and other) types of responsibility.

Bringing the named persons to the listed types of responsibility is possible with strict observance of the procedure established by law.

Page 2 of 8

7.2. The powers of the prosecutor to supervise the implementation of laws

For the successful implementation of prosecutorial supervision over the implementation of laws, prosecutors are endowed with certain rights and bear obligations established by law. The powers of prosecutors in the exercise of prosecutorial supervision over the implementation of laws, according to their content and purpose, with a certain degree of conventionality, are divided into two groups.
The first group of prosecutors' powers to supervise the implementation of laws is aimed at timely detection of violations of laws and the circumstances contributing to them (reasons and conditions) and the identification of those responsible for this. These powers are enshrined in Part 1 of Art. 22 of the Law on the Prosecutor's Office.
The prosecutor, exercising the functions assigned to him, has the following rights.
1.

Upon presentation of an official ID, enter freely into the territories and premises of the bodies, the implementation of the laws of which he supervises. In order to enter the territory and premises of especially secure (secret) facilities, the prosecutor must have an appropriate permit that gives the right to work with documents and other materials containing information classified as state or military secrets, which is a type of state secret.
2. Have access to documents and materials of interest to him. In exercising this authority, the prosecutor is guided solely by official (state) interests. It should be borne in mind that the law does not contain any restrictions depending on the content of documents and materials, the degree of their openness. The prosecutor has access to all documents and materials marked "for official use", as well as containing information constituting a commercial secret, information of a medical, intimate or other nature that is not subject to disclosure. However, having such information, the prosecutor is not entitled to disclose it. As for documents and materials containing information constituting state or military secrets, i.e. documents and materials marked "secret" and "top secret", then the prosecutor is allowed to access them if he has the appropriate clearance. Getting acquainted with such documents and materials, studying them, he is obliged to comply with the established rules for handling them.

When disclosing information containing official, military or state secrets, the prosecutor bears statutory responsibility on an equal basis with other officials and other persons.
3. Demand from the heads of bodies, the execution of laws of which prosecutorial supervision is carried out, the provision required documents, materials, statistical and other information. Although Art. 22 of the Law on the Prosecutor's Office and states that the prosecutor may demand that documents and materials be provided to him not only from the heads, but also from other officials of these bodies, prosecutors make such a demand, as a rule, to the heads or persons replacing them. Presenting such a requirement to other officials, bypassing the head of the body, would be a violation of the rules of subordination. The prosecutor may be interested in information about the state of legality, about the offenses committed and the measures taken to eliminate and prevent them, about bringing the perpetrators to justice and other information. At the same time, he can claim a variety of documents and materials without any restrictions. These may be legal acts issued by the body; materials and acts of inspections, revisions, surveys; various permits and licenses; income and expenditure documents; references; statistical and other reports and many other documents and materials. In one case, the prosecutor requests the documents to the office of the prosecutor's office, in the other, he gets acquainted with them at the place of their storage directly during the relevant checks. In accordance with Art. 6 of the Law on the Prosecutor's Office, statistical and other information, certificates, their copies and other documents necessary in the exercise of the functions assigned to the prosecution bodies are provided at the request of the prosecutor and investigator free of charge.
4. Require the heads of the bodies listed in Art. 21 of the Law on the Prosecutor's Office, allocation of specialists to clarify emerging issues in the course of supervision over the implementation of laws. Prosecutors turn to the help of specialists at different stages of the supervisory process. Most often, specialists are involved in the inspections conducted by the prosecutor. The main purpose of a specialist as a person with special knowledge is to give reasonable answers (conclusions) to the questions posed to him by the prosecutor. As specialists, workers of various professions are involved: engineers, technicians, economists, accountants, doctors, agronomists and others, who often occupy the positions of state inspectors (controllers). Prosecutors more often exercise the authority to assign specialists by sending a written request to the head of the relevant body with a request to send one or another specialist to the disposal of the prosecutor. Services rendered to the prosecutor by specialists allocated by non-state bodies (structures) are subject to material remuneration in the form of payment of fees.
5. Demand from the heads of the bodies, the execution of laws of which the prosecutor's supervision is carried out, to conduct inspections in connection with the materials and appeals received by the prosecutor's office. This authority is exercised by sending a written request to the heads of bodies with a request to conduct an audit and report its results to the prosecutor's office.

No more than ten days from the date of its receipt are usually given to fulfill the request of the prosecutor to conduct an inspection. More often, inspections are entrusted to control bodies and higher authorities. At enterprises, institutions, and organizations, inspections should primarily be carried out by control bodies.
6. Require the heads of bodies supervised by the prosecutor to conduct audits of the activities of controlled or subordinate enterprises, institutions and organizations. This requirement is implemented more often by sending a written request and less often - by issuing a reasoned decision. Prosecutors also have the right to require the relevant bodies to conduct audits and inventories in structural divisions body (workshops, sections, departments, laboratories, services). Although this is not mentioned in the Law, prosecutors may also require the heads of enterprises, institutions and organizations to conduct official investigations in connection with, for example, accidents that have occurred, accidents with people, revealed abuses, shortages of material resources, etc. Prosecutors have the right to demand and conduct various kinds of examinations. The requirement to conduct examinations is implemented by issuing relevant resolutions.
7. Summons officials and citizens to the prosecutor's office or to another place of their location to demand explanations regarding the violation of the law. Usually, prosecutors require written explanations from officials and citizens, compiled by them independently. Explanations are attached to the audit materials.
8. Conduct prosecutorial checks on the implementation of laws and checks on the legality of legal acts. According to Art. 21 of the Law on the Prosecutor's Office, the prosecutor conducts inspections of the implementation of laws on the basis of information received by the prosecutor's office about the facts of violation of the law, requiring the adoption of measures by the prosecutor. With regard to checks on the legality of acts issued by federal ministries and departments, representative and executive bodies of the constituent entities of the Russian Federation, bodies local government, military administration, control bodies, then, in accordance with the order of the Prosecutor General of the Russian Federation of May 22, 1996 No. 30, they can be carried out both in the presence of information about the violation of laws, and in their absence. Checks of the legality of acts in other bodies are carried out only in connection with information about the violation of laws. But even having information about violations of laws, the prosecutor conducts inspections, in particular, at enterprises, institutions and organizations, as a rule, when they cannot be entrusted to control bodies, higher and other bodies. Checks on the implementation of laws and checks on the legality of acts are carried out by prosecutors within their official competence. Thus, municipal prosecutors (district, city) conduct checks in the district level bodies. As for the prosecutors of the constituent entities of the Russian Federation, they conduct checks in republican, regional, regional bodies. At the same time, a higher prosecutor has the right to conduct inspections in bodies falling within the competence of lower prosecutors, and in some cases entrust the conduct of inspections to prosecutors of districts and cities in the bodies of the regional, regional and equal levels.
The second group of prosecutors' powers to oversee the implementation of laws is aimed at eliminating identified violations of laws and circumstances contributing to them, as well as at bringing to justice those guilty of violating the law. These powers are enshrined in Art. 22-251 of the Law on the Prosecutor's Office. These include the following rights of prosecutors.
1. To challenge legal acts that contradict the law or apply to the courts and arbitration courts with applications (claims) for the recognition of such acts as invalid.
2. Submit submissions to state and other bodies on the elimination of identified violations of laws and circumstances contributing to them.
3. Initiate proceedings on an administrative offense.
4. Initiate a criminal case.
5. Demand bringing persons who have violated the law to other liability established by law (disciplinary, material).
6. Release persons illegally subjected to administrative detention on the basis of decisions of non-judicial bodies.
7. Warn officials about the inadmissibility of breaking the law.
The prosecutor, within the limits of his competence, is also authorized to: take measures to ensure compensation in accordance with the established procedure material damage caused by breaking the law; apply in the interests of state, cooperative bodies, public organizations and citizens with statements of claim to courts and arbitral tribunals.
In Art. 6 of the Law on the Prosecutor's Office establishes a fundamentally important provision that the requirements of the prosecutor, arising from his powers, are subject to unconditional execution within the prescribed period. It is also fixed that failure to comply with the requirements of the prosecutor and investigator arising from their powers, as well as evasion of their appearance upon their summons, entails liability established by law, as a rule, administrative.
Many of the rights of prosecutors are at the same time their duties. For example, from the right of the prosecutor to demand for verification of compliance with the laws of legal acts of representative and executive authorities, it follows his obligation to systematically check the legality of these acts, to take measures to timely identify and eliminate violations committed during the issuance of these acts. All the powers of prosecutors discussed above are designed for their active use.
The active, justified use by prosecutors of the powers granted to them makes it possible to timely identify and eliminate violations of the laws, circumstances contributing to them, prevent violations of the laws, and thereby contribute to strengthening the rule of law and order in the regions and in the country as a whole.

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Decree of the Government of Moscow of December 26, 2014 N 830-PP

In accordance with the Federal Law of December 28, 2013 N 442-FZ "On the Basics social service citizens in the Russian Federation", in order to exercise state control (supervision) in the field of social services for citizens in the city of Moscow, the Moscow Government decides:

1. Approve the procedure for organizing the implementation of regional state control (supervision) in the field of social services for citizens in the city of Moscow (appendix).

3. Control over the implementation of this resolution shall be entrusted to the Deputy Mayor of Moscow in the Moscow Government for Social Development Pechatnikov L.M.

Mayor of Moscow S.S. Sobyanin

PROCEDURE FOR ORGANIZING THE IMPLEMENTATION OF REGIONAL STATE CONTROL (SUPERVISION) IN THE SPHERE OF SOCIAL SERVICES OF CITIZENS IN THE CITY OF MOSCOW

1. Present Order regulates the organization of the implementation of regional state control (supervision) in the field of social services for citizens in the city of Moscow (hereinafter referred to as regional state control (supervision) in the field of social services).

2. Regional state control (supervision) in the field of social services is carried out in order to prevent, detect, suppress violations by suppliers social services providing social services to citizens in the city of Moscow (hereinafter - social service providers), the requirements for the volume, quality of social services, the procedure and conditions for their provision, established by the regulatory legal acts of the Russian Federation and the legal acts of the city of Moscow, regulating social services for citizens (hereinafter - legal requirements in the field of social services).

3. Regional state control (supervision) in the field of social services is carried out by organizing and conducting scheduled and unscheduled inspections in the form of documentary and field inspections of social service providers, taking measures provided for by regulatory legal acts of the Russian Federation to prevent and (or) eliminate the consequences of identified violations and carrying out activities for systematic monitoring of compliance with the requirements of legislation in the field of social services, analysis and forecasting of the state of compliance by providers of social services with the requirements of legislation in the field of social services.

4. Regional state control (supervision) in the field of social services is carried out by the Department social protection population of the city of Moscow (hereinafter referred to as the Department).

5. The provisions of the Federal Law of December 26, 2008 N 294-FZ "On the Protection of the Rights of Legal Entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control" (hereinafter - Federal Law N 294-FZ) and this Procedure.

6. Scheduled and unscheduled inspections of compliance by social service providers with the requirements of legislation in the field of social services are carried out on the basis of the order of the Department.

7. Scheduled inspections of compliance by social service providers with the requirements of legislation in the field of social services are carried out in accordance with the annual plans for scheduled inspections of social service providers developed by the Department in the manner prescribed by Article 9 of Federal Law N 294-FZ and the Rules for the preparation by state control (supervision) bodies and municipal control bodies of annual plans for scheduled inspections of legal entities and individual entrepreneurs, approved by Decree of the Government of the Russian Federation of June 30, 2010 N 489, which are approved by the head of the Department and posted on the official website of the Department in the information and telecommunication network Internet.

Annual plan carrying out scheduled inspections is coordinated with the Prosecutor's Office of Moscow.

8. Unscheduled inspections are carried out on the grounds provided for in Article 10 of Federal Law N 294-FZ.

9. Scheduled and unscheduled inspections are carried out in the form of documentary and (or) field inspections in the manner and within the time limits provided for in Articles 9-13, 14 of Federal Law N 294-FZ.

10. Unscheduled on-site inspections of social service providers on the grounds specified in subparagraphs "a" and "b" of paragraph 2 of part 2 of Article 10 of Federal Law N 294-FZ are carried out after duly agreed with the prosecutor's office at the place of activity of social service providers .

11. The list and powers of officials of the Department authorized to exercise regional state control (supervision) in the field of social services over the activities of social service providers operating in the city of Moscow are approved by order of the Department.

12. Content, timing and sequence of implementation administrative procedures when exercising regional state control (supervision) in the field of social services, administrative regulations performance state function on the implementation of regional state control (supervision) in the field of social services, approved by the Government of Moscow.

13. By decision of the head of the Department, experts and expert organizations accredited in the manner prescribed by the legislation of the Russian Federation on accreditation in the national accreditation system are involved in the audits.

14. Officials of the Department, when exercising regional state control (supervision) in the field of social services, have the powers and perform the duties established by Federal Law N 294-FZ, the Code of the Russian Federation on administrative offenses and other regulatory legal acts of the Russian Federation.

15. Based on the results of the audit, an act is drawn up to verify compliance by social service providers with the requirements of legislation in the field of social services, drawn up in accordance with the procedure provided for in Article 16 of Federal Law N 294-FZ.

16. If, during the audit, violations by the social service provider of the requirements of the legislation in the field of social services are revealed, the officials of the Department who conducted the audit, within the powers provided for by the legislation of the Russian Federation:

16.1. Issue an order to the provider of social services to eliminate the identified violations, indicating the timing of their elimination.

16.2. Take measures to control the elimination of identified violations, their prevention.

16.3. Take measures to bring the persons who committed the revealed violations to justice.

17. Social service providers are obliged to inform the Department about the elimination of violations of the requirements of the legislation in the field of social services identified during the audit.

18. Information on the results of inspections in the implementation of regional state control (supervision) in the field of social services is posted on the official website of the Department in the information and telecommunication network Internet.

19. Officials in the exercise of regional state control (supervision) in the field of social services in case of improper execution official duties or committing unlawful actions (inaction) during the audit, they are liable in accordance with the legislation of the Russian Federation.

20. Decisions or actions (inaction) of officials of the Department during the audit may be appealed in administrative and (or) judicial procedure in accordance with the legislation of the Russian Federation.

21. The Department systematically monitors the fulfillment by social service providers of the requirements of legislation in the field of social services and analyzes the state of implementation specified requirements.

Decree of the Government of the Moscow Region of December 5, 2014 N 1046/47 On approval of the Procedure for organizing the implementation of state control (supervision) in the field of social services in the Moscow Region and on amending the List of central executive bodies state power of the Moscow region, authorized to exercise regional state control (supervision)
Decree of the Government of the Moscow Region of 10.05.2012 N 742/16
Decree of the Government of the Moscow Region of March 13, 2012 N 279/8 On Amendments to Decree of the Government of the Moscow Region dated September 27, 2010 N 827/46 "On the organization of the preparation of reports on the implementation of state control (supervision) in the relevant areas of activity by the central executive bodies of state power of the Moscow Region authorized to exercise regional state control (supervision) and on the effectiveness of such control (supervision)"
Decree of the Government of the Moscow Region of 07.07.2011 N 662/25
Decree of the Government of the Moscow Region of 05.05.2011 N 408/16 On amending the Decree of the Government of the Moscow Region dated September 27, 2010 N 827/46 "On organizing the preparation of reports on the implementation of state control (supervision) in the relevant areas of activity by the central executive bodies of the Moscow Region authorized to exercise regional state control (supervision) and on the effectiveness of such control (supervision)"On the organization of the preparation by the central executive bodies of state power of the Moscow Region authorized to exercise regional state control (supervision), reports on the implementation of state control (supervision) in the relevant areas of activity and on the effectiveness of such control (supervision)

THE GOVERNMENT OF MOSCOW

RESOLUTION

Document as amended by:
(Official website of the Mayor and the Government of Moscow www.mos.ru, 11/18/2015);
(Official website of the Mayor and the Government of Moscow www.mos.ru, 28.04.2017);
(Official website of the Mayor and the Government of Moscow www.mos.ru, October 11, 2017) (effective from January 1, 2018).
____________________________________________________________________

In accordance with Federal Law No. 442-FZ of December 28, 2013 "On the Fundamentals of Social Services for Citizens in the Russian Federation" And article 15.1 of the Federal Law of November 24, 1995 N 181-FZ "On the social protection of persons with disabilities in the Russian Federation", in order to exercise state control (supervision) in the field of social services for citizens in the city of Moscow Government of Moscow
(Preamble as amended as of January 1, 2018 Decree of the Government of Moscow of October 10, 2017 N 750-PP.

decides:

1. Approve the procedure for organizing the implementation of regional state control (supervision) in the field of social services for citizens in the city of Moscow (appendix).

3. Control over the implementation of this resolution shall be entrusted to the Deputy Mayor of Moscow in the Moscow Government for Social Development Pechatnikov L.M.

Mayor of Moscow
S.S. Sobyanin

Application. The procedure for organizing the implementation of regional state control (supervision) in the field of social services for citizens in the city of Moscow

1. This Procedure regulates the organization of the implementation of regional state control (supervision) in the field of social services for citizens in the city of Moscow, as well as regional state control (supervision) over ensuring the availability of social, engineering and transport infrastructure facilities and services for the disabled in the implementation of regional state control (supervision) in the field of social services for citizens in the city of Moscow (hereinafter referred to as regional state control (supervision) in the field of social services).
from January 1, 2018 Decree of the Government of Moscow of October 10, 2017 N 750-PP.

2. Regional state control (supervision) in the field of social services is carried out in order to prevent, detect, suppress violations by legal entities and individual entrepreneurs engaged in activities in the field of social services for citizens, included in the Register of providers of social services in the city of Moscow in okay provided for Decree of the Government of Moscow of December 26, 2014 N 829-PP "On social services for citizens in the city of Moscow"(hereinafter - providers of social services), requirements for the volume, quality of social services, the procedure and conditions for their provision, established by regulatory legal acts of the Russian Federation and legal acts of the city of Moscow, regulating social services for citizens, as well as requirements established by federal laws and other regulatory legal acts acts of the Russian Federation, laws and other regulatory legal acts of the city of Moscow related to the creation of conditions for persons with disabilities for unhindered access to social, engineering and transport infrastructure facilities used by social service providers in their activities in the field of social services for citizens, and the social services they provide ( hereinafter referred to as mandatory requirements).
Decree of the Government of Moscow dated November 17, 2015 N 754-PP Decree of the Government of Moscow of October 10, 2017 N 750-PP.

3. Regional state control (supervision) in the field of social services is carried out by organizing and conducting scheduled and unscheduled inspections in the form of documentary and field inspections of social service providers, taking measures provided for by regulatory legal acts of the Russian Federation to prevent and (or) eliminate the consequences of identified violations, carrying out activities for systematic monitoring of the fulfillment by social service providers of mandatory requirements, analysis and forecasting of the state of fulfillment by social service providers of mandatory requirements, as well as organizing and conducting measures to prevent violations of mandatory requirements.
(Clause as amended by Decree of the Government of Moscow dated April 28, 2017 N 242-PP; as amended as of January 1, 2018 Decree of the Government of Moscow of October 10, 2017 N 750-PP.

4. Regional state control (supervision) in the field of social services is carried out by the Department of Labor and Social Protection of the Population of the City of Moscow (hereinafter referred to as the Department).
(Paragraph as amended, entered into force on November 29, 2015 Decree of the Government of Moscow dated November 17, 2015 N 754-PP.

5. The provisions of Federal Law of December 26, 2008 N 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control"(Further - Federal Law N 294-FZ) and this Order.
(Clause as amended by Decree of the Government of Moscow dated April 28, 2017 N 242-PP.

6. Scheduled and unscheduled inspections of compliance by social service providers with mandatory requirements are carried out on the basis of the order of the Department.
Decree of the Government of Moscow of October 10, 2017 N 750-PP.

7. Scheduled inspections of compliance of social service providers with mandatory requirements are carried out in accordance with the annual plans for scheduled inspections of social service providers developed by the Department in the manner prescribed by Article 9 of the Federal Law N 294-FZ And Rules for the preparation by state control (supervision) bodies and municipal control bodies of annual plans for scheduled inspections of legal entities and individual entrepreneurs approved Decree of the Government of the Russian Federation of June 30, 2010 N 489, which are approved by the head of the Department and posted on the official website of the Department in the information and telecommunication network Internet.
Decree of the Government of Moscow of October 10, 2017 N 750-PP.

The annual plan for scheduled inspections is coordinated with the Prosecutor's Office of Moscow.

8. Unscheduled inspections are carried out on the grounds provided for Article 10 of the Federal Law N 294-FZ.

10. Unscheduled field inspections of social service providers on the grounds specified in subparagraphs "a" And "b" of paragraph 2 of part 2 of article 10 of the Federal Law N 294-FZ, are carried out after agreement in the prescribed manner with the prosecutor's office at the place where the activities of social service providers are carried out.

11. The list of officials of the Department authorized to exercise regional state control (supervision) in the field of social services over the activities of social service providers operating in the city of Moscow is approved by order of the Department.
(Clause as amended by Decree of the Government of Moscow dated April 28, 2017 N 242-PP.

12. The content, timing and sequence of administrative procedures in the implementation of regional state control (supervision) in the field of social services are established by the administrative regulations for the execution of the state function for the implementation of regional state control (supervision) in the field of social services, approved by the Government of Moscow.

14. Officials of the Department, when exercising regional state control (supervision) in the field of social services, have the powers and perform the duties established by Federal Law N 294-FZ , Code of the Russian Federation on Administrative Offenses and other regulatory legal acts of the Russian Federation.

15. Based on the results of the audit, an act of verification of compliance by social service providers with mandatory requirements is drawn up, drawn up in accordance with the procedure provided for Article 16 of the Federal Law N 294-FZ.
(Paragraph as amended, entered into force on January 1, 2018 Decree of the Government of Moscow of October 10, 2017 N 750-PP.

16. If, during the audit, violations of mandatory requirements by the social service provider are revealed, the officials of the Department who conducted the audit, within the powers provided for by the legislation of the Russian Federation:
(Paragraph as amended as of January 1, 2018 Decree of the Government of Moscow of October 10, 2017 N 750-PP.

16.1. Issue an order to the provider of social services to eliminate the identified violations, indicating the timing of their elimination.

16.2. Take measures to control the elimination of identified violations, their prevention.

16.3. Take measures to bring the persons who committed the revealed violations to justice.

17. Social service providers are required to inform the Department of the elimination of violations of mandatory requirements identified during the audit.
(Paragraph as amended, entered into force on January 1, 2018 Decree of the Government of Moscow of October 10, 2017 N 750-PP.

19. Officials in the exercise of regional state control (supervision) in the field of social services in the event of improper performance of official duties or the commission of unlawful actions (inaction) during the audit are liable in accordance with the legislation of the Russian Federation.

20. Decisions or actions (inaction) of officials of the Department during the audit may be appealed in administrative and (or) judicial order in accordance with the legislation of the Russian Federation.

21. The Department carries out systematic monitoring of the fulfillment by social service providers of mandatory requirements, analysis and forecasting of the state of fulfillment by social service providers of these requirements.
(Clause as amended by Decree of the Government of Moscow dated April 28, 2017 N 242-PP; as amended as of January 1, 2018 Decree of the Government of Moscow of October 10, 2017 N 750-PP.

Revision of the document, taking into account
changes and additions prepared
JSC "Kodeks"