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Corporate Lawyer magazine: an article by Dmytro Fesko on the organisation of state control and oversight activities
3 мая 2018 г.

The May edition of the Corporate Lawyer magazine contains an article by Dmitry Fesko, Chairman of the Supervisory Board of Alliance Legal CG, on the organisation of state control and oversight activities. "Draft Federal Law No. 332053-7 "On State Control (Supervision) and Municipal Control in the Russian Federation" approved in the first reading by the State Duma needs to be finalised.

It is already clear that the tragedy in Kemerovo is not just another accident. This is the result of systemic deficiencies in the organization of state control and supervision, including firefighters, gaps in legislative regulation, and the functioning of federal and regional authorities in the sphere of ensuring the safety of socially significant and commercial facilities with a massive stay of people.

It becomes obvious the mistake made 10 years ago, when the Ministry of Emergency Situations of Russia was removed from participation in fire supervision at the design and construction stage. These issues were completely transferred to the construction supervision, while the state fire supervision comes to the facility after obtaining permission to put the facility into operation.

Another problem is the control of the security of the facility, including fire supervision. It should not be carried out by legal entities, as Federal Law No. 294-FZ of 26.12.2008 "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Conduct of State Control (Supervision) and Municipal Control" now fixes, but it should be assigned to the actual parameters of the facility's condition.

Draft Federal Law No. 332053-7 "On State Control (Supervision) and Municipal Control in the Russian Federation", approved in the first reading by the State Duma, needs to be finalized. In particular, the law provides for an independent object of state control of production facilities without taking into account the specifics of ownership of such an object. The project does not give a clear answer about the responsibility of the owner and the tenant for fire safety at the facilities, and it doesn't give clear answer for compensation of material damage during a fire.

There is an urgent need to strengthen anti-terrorist and fire safety at the places with a massive stay of people. Actual issues: responsibility of the owner and tenant for the state of fire safety; terms and quality of fire inspections. Given the increased risk of such objects, each of them must be equipped with a remote online monitoring system.

Inspections should be conducted at least once a year. Often we hear about the systemic implementation of a risk-based approach (RBA) as an effective method of implementing supervisory activities.

This approach is correct, since it offers the state to concentrate resources in the areas of maximum risk, while reducing the administrative burden on bona fide organizations and individual entrepreneurs. Another thing is that objects with a massive stay of people in terms of the possible threat to life, health of people and the risk of harm to someone else's property, taking into account the severity of the potential negative consequences, should be classified as a high security risk.

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