ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of October 27, 2012 No. 1108

About federal state supervision in the field of safety of hydraulic engineering constructions

According to article 13 of the Federal law "About Safety of Hydraulic Engineering Constructions" Government of the Russian Federation decides:

1. Approve the enclosed Regulations on federal state supervision in the field of safety of hydraulic engineering constructions.

2. Determine that realization of the powers provided by the Provision approved by this resolution is performed by Federal Service for Environmental, Technological and Nuclear Supervision and Federal Service for the Oversight of Transport within the limiting Russian Federation established by the Government of the number of workers of the specified federal executive bodies, and also budgetary appropriations provided to these bodies in the federal budget on management and management in the field of the established functions.

3. Ceased to be valid according to the Order of the Government of the Russian Federation of 22.07.2020 No. 1086

4. Bring in the Regulations on the mode of constant state surveillance on hazardous production facilities and hydraulic engineering constructions approved by the order of the Government of the Russian Federation of May 5, 2012 N 455 "About the mode of constant state surveillance on hazardous production facilities and hydraulic engineering constructions" (The Russian Federation Code, 2012, N 20, the Art. 2553), the following changes:

a) in the subitem "v" of Item 7 of the word "The Russian register" shall be replaced with words "The Russian register";

b) to add Item 9 after the words "chief state inspectors" with words ", the chief state inspectors".

5. Ceased to be valid according to the Order of the Government of the Russian Federation of 22.07.2020 No. 1086

6. Recognize invalid:

the order of the Government of the Russian Federation of October 16, 1997 N 1320 "About the organization of the state supervision of safety of hydraulic engineering constructions" (The Russian Federation Code, 1997, N 42, the Art. 4794);

the order of the Government of the Russian Federation of November 30, 2009 N 970 "About modification of the order of the Government of the Russian Federation of October 16, 1997 N 1320" (The Russian Federation Code, 2009, N 49, the Art. 5973);

Item of 5 changes which are made to acts of the Government of the Russian Federation, approved by the order of the Government of the Russian Federation of February 4, 2011 N 48 (The Russian Federation Code, 2011, N 7, the Art. 979);

Item of 1 changes which are made to acts of the Government of the Russian Federation concerning the powers of Federal Service for Environmental, Technological and Nuclear Supervision approved by the order of the Government of the Russian Federation of December 5, 2011 N 996 (The Russian Federation Code, 2011, N 50, by the Art. 7385).

Approved by the Order of the Government of the Russian Federation of October 27, 2012 No. 1108

Regulations on federal state supervision in the field of safety of hydraulic engineering constructions

1. This Provision determines procedure of federal state supervision in the field of safety of hydraulic engineering constructions which damage can lead to emergence of emergency situations (further respectively - federal state supervision, hydraulic engineering constructions).

2. Task of federal state supervision is the prevention, identification and suppression of violations by the legal entities, their heads and other officials, individual entrepreneurs, their authorized representatives (further - legal entities, individual entrepreneurs) performing operation (including in case of capital repairs, preservation, liquidation) hydraulic engineering constructions, requirements to safety of the hydraulic engineering constructions established by the legislation of the Russian Federation (further - mandatory requirements).

3. Provisions of the Federal Law "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control" taking into account features of the organization and conducting the checks established by the Federal Law "About Safety of Hydraulic Engineering Constructions" are applied to the relations connected with implementation of federal state supervision, the organization and conducting checks.

4. The federal executive bodies authorized on implementation of federal state supervision are:

Federal Service for Environmental, Technological and Nuclear Supervision - concerning hydraulic engineering constructions, except for navigable and port hydraulic engineering constructions;

Federal Service for the Oversight of Transport - concerning navigable and port hydraulic engineering constructions.

5. Federal state supervision includes:

a) the organization and carrying out scheduled and unscheduled inspections of legal entities, individual entrepreneurs, terms, frequency, procedure for appointment and which registrations of results are established by the Federal Laws specified in Item 3 this provision;

b) acceptance of stipulated by the legislation measures of the Russian Federation for suppression and (or) elimination of effects of the revealed violations;

c) systematic observation of execution of mandatory requirements;

d) the analysis and forecasting of condition of execution of mandatory requirements when implementing activities in the field of safety of hydraulic engineering constructions legal entities, individual entrepreneurs.

6. Check subject when implementing federal state supervision is observance by the legal entity, individual entrepreneur in the course of implementation of activities for operation, capital repairs, preservation and liquidation of hydraulic engineering constructions of mandatory requirements.

6(1). The officials specified in Item 8 of this provision when conducting planned inspection shall use checking sheets (lists of control questions).

Use of checking sheets (lists of control questions) is performed when conducting planned inspection of all legal entities and individual entrepreneurs.

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