关于Rostechnadzor的检查表

E. V. Klovach, A. Pecherkin, V. I. Sidorov, V. K. Shalaev
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引用次数: 0

摘要

以Rostechnadzor清单为例,讨论了联邦国家控制(监督)机构制定、批准和应用清单的法律法规的历史和现状。结果表明,在某些情况下,检查表在进行控制(监督)活动时是无用的。清单是最近才被引入到国家(监督)和市政管理的立法中,但与之相关的法律规范已经发生了变化。在这些变化期间,检查清单的应用范围扩大了,其中所包含的问题可能不再是联邦州控制(监督)机构的官员进行控制(监督)活动,包括现场检查时需要回答的唯一问题。与此同时,与清单有关的立法仍存在一些不确定性。得出以下结论。1. Rostechnadzor批准并在其官方网站上公布的合法检查清单目前无法获得,无法在现场检查中使用。2. 经Rostechnadzor命令批准并在其官方网站上公布的检查清单表格不应在现场检查期间使用,因为法律没有对此作出规定,但可以用于自我检查。3.不将检查限制在对需求的遵从性的评估上的能力,在检查表的形式中存在问题,显著地降低了检查表作为形式化和优化检查的工具的重要性。4. 根据2020年7月31日第248-FZ号“关于俄罗斯联邦的国家监督(监督)和市政监督”的联邦法,建议排除关于国家监督(监督)机构批准清单及其在这些机构的官方网站上放置清单的规定。
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On the Checklists of Rostechnadzor
The history and the current state of the legal regulation of the development, approval and application of the checklists by the federal state control (supervision) bodies are considered on the example of Rostechnadzor checklists. It is shown that in some cases the checklists are useless when conducting control (supervision) activities. The checklists were introduced into the legislation on the state control (supervision) and municipal control relatively recently, but the legal norms associated with them were already changed. During these changes, the field of the checklists application was expanded, and the questions included in them were potentially ceased to be the only questions that need to be answered when the officials of the federal state control (supervision) bodies carry out control (supervisory) activities, including on-site inspections. At the same time some uncertainty remained in the legislation related to the checklists. The following conclusions are made. 1. Legitimate checklists approved by Rostechnadzor and posted on its official website are not currently available and cannot be used during on-site inspections. 2. Forms of the checklists approved by the Orders of Rostechnadzor and posted on its official website should not be used during on-site inspections, since this is not provided for by the legislation, but can be used for self-examination. 3. The ability to not limit the check to the assessment of compliance with the requirements, for which there are questions in the form of a checklist, significantly reduces the importance of the checklists as a tool for formalizing and optimizing checks. 4. From the Federal Law of July 31, 2020, № 248-FZ «On State Control (Supervision) and Municipal Control in the Russian Federation», it is advisable to exclude the provisions on the approval of checklists by the state control (supervision) bodies, and their placement on the official websites of these bodies.
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来源期刊
Bezopasnost'' Truda v Promyshlennosti
Bezopasnost'' Truda v Promyshlennosti Environmental Science-Environmental Science (miscellaneous)
CiteScore
1.00
自引率
0.00%
发文量
110
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