ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of February 15, 2023 No. 227

About features of implementation in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region and Kherson region of separate types of federal state control (supervision)

According to article 28 of the Federal constitutional Law "About Acceptance to the Russian Federation of the Donetsk People's Republic and Education as a part of the Russian Federation the New Subject — the Donetsk People's Republic", article 28 of the Federal constitutional Law "About Acceptance to the Russian Federation of the Luhansk People's Republic and Education as a part of the Russian Federation the New Subject — the Luhansk People's Republic", article 28 of the Federal constitutional Law "About Acceptance to the Russian Federation of the Zaporizhia Region and Education as a part of the Russian Federation the New Subject — the Zaporizhia Region" and article 28 of the Federal constitutional Law "About Acceptance to the Russian Federation of the Kherson Region and Education as a part of the Russian Federation the New Subject — the Kherson Region" Government of the Russian Federation decides:

1. Determine that till January 1, 2025 in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region and Kherson region:

a) when implementing federal state supervision in the field of industrial safety, federal state supervision in the field of safety of hydraulic engineering constructions and federal state energy supervision:

planned control (supervising) events are not held;

provisions of Articles 18, of 19, 39 - 43, Item 3 of part 2 of Article 90 (if violations of mandatory requirements did not entail damnification of life or severe harm to health of citizens) the Federal Law "About the State Control (Supervision) and Municipal Control in the Russian Federation", Item 37 (regarding acceptance of other measures directed to suppression of violations of mandatory requirements) the Regulations on federal state supervision in the field of industrial safety approved by the order of the Government of the Russian Federation of June 30, 2021 No. 1082 "About federal state supervision in the field of industrial safety" are not applied;

do not join in reports on types of control and the summary report on the state control (supervision) of the data on implementation of the corresponding types of the state control (supervision) in the territory of the specified subjects of the Russian Federation;

b) when implementing federal state supervision in the field of industrial safety and federal state supervision in the field of safety of hydraulic engineering constructions in case of availability of direct threat of life and to health of workers of controlled person or officials of bodies (control) of supervision prolongation of term of conducting exit checks no more than for 30 working days is allowed;

c) when implementing federal state supervision in the field of use of atomic energy:

scheduled inspections are not carried out;

Article 13 provisions are not applied. 3, Item 2 of part 1 and part 2 of Article 17 (regarding taking measures to accountability of persons which allowed violations of mandatory requirements if such violations did not entail damnification of life or severe harm to health of citizens, and also measures for non-admission of damnification owing to such violations) the Federal Law "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control";

do not join in reports on implementation of the state control (supervision), municipal control in the corresponding field of activity and about efficiency of such control (supervision) of the data on its implementation in the territory of the specified subjects of the Russian Federation.

2. The mode of constant state control (supervision) in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region and Kherson region concerning hazardous production facilities of the I class of danger and hydraulic engineering constructions I of class is established since June 1, 2023.

3. When implementing federal state supervision in the field of industrial safety, federal state supervision in the field of safety of hydraulic engineering constructions and federal state energy supervision in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region and Kherson region of the program of prevention of risks of damnification (damage) to the values protected by the law for 2023 and 2024 are not developed.

4. Till January 1, 2028 when implementing federal state supervision in the field of industrial safety, federal state supervision in the field of safety of hydraulic engineering constructions and federal state energy supervision in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region and Kherson region preventive visits according to requirements of the Federal Law "About the State Control (Supervision) and Municipal Control in the Russian Federation" are conducted.

Before development and approval of programs of prevention of risks of damnification (damage) to the values protected by the law preventive visits are conducted on the basis:

addresses of controlled persons;

appeals of bodies of the public power;

the plan of the holding preventive visits approved by the Head of the Federal Service for Environmental, Technological and Nuclear Supervision.

By results of preventive visit within 5 working days from the date of its carrying out state control (supervision) body by the official the copy of leaf of preventive conversation containing information brought to controlled person during the preventive visit is drawn up and goes to the controlled person.

Decisions on holding control (supervising) actions based on information obtained by results of such preventive visits till December 31, 2024 are not accepted.

5. Federal state supervision in the field of use of atomic energy and federal state supervision in the field of industrial safety concerning the Zaporizhia nuclear power plant are performed taking into account the features established according to the Presidential decree of the Russian Federation of October 5, 2022 No. 711 "About features of legal regulation in the field of use of atomic energy in the territory of the Zaporizhia region".

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info