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FEDERAL LAW OF THE RUSSIAN FEDERATION

of May 23, 2016 No. 141-FZ

About service in Federal fire service of the Public fire service and modification of separate legal acts of the Russian Federation

(as amended on 30-04-2021)

Accepted by the State Duma on May 13, 2016

Approved by the Federation Council on May 18, 2016

Chapter 1. General provisions

Article 1. Subject of regulation of this Federal Law

1. Subject of regulation of this Federal Law are the legal relationship connected with revenues to service in Federal fire service of the Public fire service (further - Federal fire service), its passing and the termination, and also with determination of legal status (status) of the employee of Federal fire service.

2. The legal relationship connected with service in Federal fire service by military personnel or the government civil servants are regulated by the legislation of the Russian Federation respectively about military service or the public civil service, and employment relationships - the labor law of the Russian Federation.

Article 2. Legal regulation of service in Federal fire service

1. Regulation of the legal relationship connected with service in Federal fire service is performed according to:

1) Constitution of the Russian Federation;

2) this Federal Law;

3) the Federal Law of December 21, 1994 No. 69-FZ "About fire safety", the Federal Law of December 30, 2012 No. 283-FZ "About social guarantees to employees of some federal executive bodies and modification of separate legal acts of the Russian Federation" and other Federal Laws regulating the legal relationship connected with service in Federal fire service;

4) regulatory legal acts of the President of the Russian Federation;

5) regulatory legal acts of the Government of the Russian Federation;

6) regulatory legal acts of the federal executive body authorized on the solution of tasks in the field of fire safety.

2. In the cases which are not settled by the regulatory legal acts specified regarding 1 this Article regulations of the labor law of the Russian Federation are applied to the legal relationship connected with service in Federal fire service.

3. If the international treaty of the Russian Federation ratified according to the procedure, established by the legislation of the Russian Federation, establishes other rules, than those which are provided by this Federal Law are applied rules of the international treaty of the Russian Federation.

4. The decisions of interstate bodies made based on provisions of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation are not subject to execution in the Russian Federation. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.

Article 3. Main terms

The terms applied in this Federal Law mean the following:

1) service in Federal fire service - the Federal State Service representing professional office activity of citizens of the Russian Federation (further - citizens) on positions in the federal executive body authorized on the solution of tasks in the field of fire safety (further - federal executive body in the field of fire safety), territorial authorities of federal executive body in the field of fire safety - the regional centers for cases of civil defense, emergency situations and natural disaster response, bodies, authorized to solve problems of civil defense and task according to the prevention and liquidation of emergency situations on subjects of the Russian Federation, divisions, the organizations and organizations of federal executive body in the field of fire safety (further - division), and also on positions, not being positions in federal executive body in the field of fire safety, divisions, in cases and on conditions which are provided by this Federal Law, other Federal Laws and (or) regulatory legal acts of the President of the Russian Federation;

2) positions in Federal fire service - positions of employees of Federal fire service who are established in federal executive body in the field of fire safety, divisions for implementation of powers in the field of fire safety;

3) the head of federal executive body in the field of fire safety - the person replacing the state position of the Russian Federation and performing powers of the employer on behalf of the Russian Federation concerning employees of Federal fire service;

4) the head (chief) - the head of federal executive body in the field of fire safety and his deputies, the head (chief) of structural division of central office of the federal executive body in the field of fire safety exercising control and coordination of activities of special divisions of Federal fire service and his deputies, the head (chief) of division and its deputies or the employee of Federal fire service given in accordance with the established procedure authority on management of other employees including it is temporary;

5) the authorized head - the head (chief) allocated with the head of federal executive body in the field of fire safety powers of the employer on behalf of the Russian Federation.

Article 4. The principles of service in Federal fire service

1. The principles of service in Federal fire service are:

1) legality;

2) priority of rights and freedoms of man and citizen, their direct action, obligation of their recognition, observance and protection;

3) equal access for citizens to service in Federal fire service;

4) the unity of legal and organizational basis of service in Federal fire service assuming legislative fixing of single approach to the organization of service in Federal fire service;

5) interrelation of service in Federal fire service, public service of other types and municipal service;

6) openness of service in Federal fire service and its availability to public control, objective informing society on activities of employees of Federal fire service;

7) professionalism and competence of employees of Federal fire service;

8) protection of employees of Federal fire service against illegal intervention in their professional activity both state bodies and officials, and physical persons and legal entities;

9) one-man management and subordination (subordination) on service in Federal fire service;

10) obligatory professional selection in case of equal access for citizens to service in Federal fire service and creation of opportunities for job development irrespective of floor, race, nationality, origin, property and official capacity, the residence, the relation to religion, beliefs, belonging to public associations, and also from other circumstances which are not connected with professional and business qualities of the employee of Federal fire service;

11) interrelation of obligations, restrictions, prohibitions, responsibility on service in Federal fire service and social guarantees of the employee of Federal fire service.

2. The principles of service in Federal fire service are implemented in case of observance of following provisions:

1) the employee of Federal fire service in the activities is guided by the legislation of the Russian Federation. Nobody has the right to interfere with legal activities of the employee, except persons which are directly authorized on that by the Federal Law;

2) the employee of Federal fire service in case of accomplishment of service duties on the replaced position (further - service duties) submits only to direct heads (chiefs). Direct heads (chiefs) of the employee are heads (chiefs) to whom he is subordinated on service, including is temporary. The direct head (chief), closest to the employee, is his direct head (chief). The employees who are not subordinated each other on service can be senior or younger on subordination. The seniority of employees is determined by the replaced position and if employees replace equal positions, - by special rank;

3) for the employee of Federal fire service accomplishment of orders and the orders of heads (chiefs) made in accordance with the established procedure and not contradicting the legislation of the Russian Federation is obligatory;

4) restriction of rights and freedoms of man and citizen on the employee of Federal fire service is allowed by the Federal Law in that measure in what it is necessary for accomplishment of the tasks connected with protection of bases of the constitutional system, morality, health, the rights and legitimate interests of other persons and also for ensuring defense of the country and safety of the state;

5) the employee of Federal fire service has no right to refuse accomplishment of service duties if these service duties are provided by the contract on service in Federal fire service and (or) replacement of position in Federal fire service (further also - the contract) or official regulations (job description) and for accomplishment of service duties necessary security measures are taken;

6) the employee of Federal fire service has no right to use ex-officio full powers for the benefit of political parties, other public associations, religious associations and other organizations, to create in federal executive body in the field of fire safety, division of structure of political parties, other public associations (except for labor unions, veteran and other bodies of public amateur performance) and religious associations or to promote creation of the specified structures and cannot be limited when implementing office activities by decisions of the political parties, other public associations and religious associations pursuing political goals.

Article 5. Interrelation of service in Federal fire service, public service of other types and municipal service

1. The interrelation of service in Federal fire service and public service of other types is provided on the basis of unity of system of public service and the principles of its creation and functioning, and also by means of:

1) sootnositelnost of the main conditions and the amount of compensation, and also the basic social guarantees in case of service in Federal fire service and public service of other types;

2) establishments of restrictions and obligations in case of service in Federal fire service and public service of other types;

3) accounting of service length in Federal fire service in case of calculation of years of service of public service of other types, and also accounting of years of service of public service of other types in case of the calculation of service length in Federal fire service according to the procedure established by this Federal Law and other Federal Laws;

4) sootnositelnost of special ranks, military ranks, class ranks and diplomatic ranks;

5) sootnositelnost of the main conditions of the state provision of pensions of employees of Federal fire service and the citizens passing public service of other types.

2. The interrelation of service in Federal fire service and municipal service is provided by means of accounting of service length in Federal fire service in case of calculation of years of service of municipal service.

3. To the citizen passing public service of other types in case of position assignment of the highest commanding structure or to the employee of Federal fire service appointed to the corresponding position of public service of other type according to the decision of the President of the Russian Federation social warranties which the specified citizen or the employee had can be kept.

Chapter 2. Positions in Federal fire service. Special ranks of employees of Federal fire service

Article 6. Positions in Federal fire service

1. Positions in Federal fire service are established for the purpose of direct execution, the organization and ensuring execution of powers of the federal executive body in the field of fire safety, divisions or powers of the person replacing the state position of the Russian Federation.

2. The list of standard positions as Federal fire service and the special ranks corresponding to them affirms the President of the Russian Federation.

3. Based on the list of standard positions in Federal fire service and the special ranks corresponding to them by the head of federal executive body in the field of fire safety taking into account features of functioning of this body positions with other name - non-standard positions can be established corresponding to standard positions on the legal status.

Article 7. Structure of positions in Federal fire service

Positions in Federal fire service are subdivided on:

1) positions of the highest commanding structure;

2) positions of the senior commanding structure;

3) positions of the average commanding structure;

4) positions of the younger commanding structure;

5) positions of ordinary structure.

Article 8. Special ranks of employees of Federal fire service

1. Special ranks of employees of Federal fire service (further - special rank) are established on positions in Federal fire service and appropriated according to this Federal Law.

2. Special ranks are established:

1) ordinary structure - the private of internal service;

2) the younger commanding structure:

a) lance sergeant of internal service;

b) sergeant of internal service;

c) staff sergeant of internal service;

d) foreman of internal service;

e) ensign of internal service;

e) senior warrant officer of internal service;

3) the average commanding structure:

a) second lieutenant of internal service;

b) lieutenant of internal service;

c) senior lieutenant of internal service;

d) captain of internal service;

4) the senior commanding structure:

a) major of internal service;

b) lieutenant colonel of internal service;

c) colonel of internal service;

5) the highest commanding structure:

a) major general of internal service;

b) lieutenant general of internal service;

c) colonel general of internal service.

3. In case of replacement of position of ordinary structure to the employee of Federal fire service the special rank of the private of internal service is given.

4. In case of replacement of positions of the commanding structure the following limiting special ranks are established:

1) the senior warrant officer of internal service - in case of replacement of positions of the younger commanding structure;

2) the captain of internal service - in case of replacement of positions of the average commanding structure;

3) the colonel of internal service - in case of replacement of positions of the senior commanding structure;

4) the colonel general of internal service - in case of replacement of positions of the highest commanding structure.

5. The list of positions of the highest commanding structure and special ranks corresponding to them affirms the President of the Russian Federation.

6. The list of non-standard positions of ordinary structure, younger, average and the senior commanding structure and special ranks corresponding to them affirms federal executive body in the field of fire safety based on stipulated in Article 6th this Federal Law of the list of standard positions as Federal fire service and the special ranks corresponding to them.

Article 9. Qualification requirements to positions in Federal fire service

1. The number of the qualification requirements to positions in Federal fire service established according to structures of positions in Federal fire service includes requirements to the education level, service length in Federal fire service or to the years of service (experience) of occupational work, the direction of preparation, professional knowledge and skills, the state of health of employees of Federal fire service necessary for accomplishment of service duties.

2. Qualification requirements to positions provide availability in Federal fire service:

1) for positions of ordinary structure and the younger commanding structure - the secondary general education;

2) for positions of the average commanding structure - educations is not lower than average professional, corresponding to activity;

3) for positions of the senior and highest commanding structure - the higher education corresponding to activity.

3. The requirements to the education level, specialty and (or) the direction of preparation shown to the persons replacing positions in Federal fire service and applying for replacement of the specified positions are established by federal executive body in the field of fire safety.

4. Requirements to service length in Federal fire service, to the years of service (experience) of occupational work, the direction of preparation, professional knowledge and skills of the employee of Federal fire service necessary for accomplishment of service duties, are established:

1) the President of the Russian Federation - concerning positions of the highest commanding structure;

2) the head of federal executive body in the field of fire safety - concerning positions of ordinary structure, younger, average and the senior commanding structure.

5. Requirements to the state of health of the citizens arriving on service in Federal fire service and employees of Federal fire service depending on features of service on separate positions are established by the head of federal executive body in the field of fire safety. The procedure for passing by the citizens arriving on service in Federal fire service and employees of Federal fire service of military-medical examination is determined by the Government of the Russian Federation.

6. Concerning separate positions of ordinary structure, younger, average and the senior commanding structure by the head of federal executive body in the field of fire safety requirements to the level of physical training can be established.

7. Taking into account the level of professional education, service length in Federal fire service or years of service (experience) of occupational work, to the direction of preparation, professional knowledge and skills to employees of Federal fire service according to the procedure, established by federal executive body in the field of fire safety, the following qualification ranks are given:

1) specialist of the third class;

2) specialist of second class;

3) specialist of the first class;

4) master (highest qualification rank).

Chapter 3. Legal status (status) of the employee of Federal fire service

Article 10. Employee of Federal fire service

1. The employee of Federal fire service (further also - the employee) - the citizen who undertook obligations on service in Federal fire service as the private or the commanding structure and to whom in the procedure established by this Federal Law the special rank of the private or the commanding structure is given.

2. The employee of Federal fire service can serve in Federal fire service in case of its transfer in the order of federal executive body in the field of fire safety or division or in case of its posting, the stipulated in Article 32 presents of the Federal Law. At the same time the employee does not replace position in Federal fire service. By the Federal Laws and (or) regulatory legal acts of the President of the Russian Federation other cases of passing by the employee of service in Federal fire service when he does not replace position in Federal fire service can be established.

3. The legal status (status) of the employee of Federal fire service is determined by this Federal Law and other Federal Laws regulating features of service in Federal fire service.

4. The official ID and special counter with personal number are issued to the employee of Federal fire service. Samples of the official ID and special counter of the employee of Federal fire service and procedure for their issue affirm federal executive body in the field of fire safety. The official ID is the document confirming the personality of the employee of Federal fire service, its belonging to federal executive body in the field of fire safety, to division, position and special rank of the employee of Federal fire service, the right and powers conferred to it by legislative and other regulatory legal acts of the Russian Federation.

Article 11. Rights of the employee of Federal fire service

1. The employee of Federal fire service has the right on:

1) proper conditions necessary for accomplishment of service duties and professional development;

2) acquaintance with official regulations (job description) and other documents determining its rights and service duties, criteria for evaluation of efficiency of accomplishment of service duties and also with indicators of effectiveness of office activities and conditions of job development in Federal fire service;

3) rest in accordance with the legislation of the Russian Federation;

4) the cash allowance which is fixed asset of its material security and stimulation of accomplishment of service duties by it;

5) obtaining in accordance with the established procedure information and the materials necessary for accomplishment of service duties, and also on introduction of offers on enhancement of activities of federal executive body in the field of fire safety;

6) access in accordance with the established procedure to the data which are the state and protected by the law other secret if accomplishment of service duties is connected with use of such data;

7) visit in accordance with the established procedure in connection with accomplishment of service duties of subjects to protection for their inspection, and also for carrying out research, testing, examination, investigation and other actions for control of observance of requirements of fire safety;

8) acquaintance with responses about its office activities and other documents determined by federal executive body in the field of fire safety before their entering into the personal record, with materials of the personal record according to the procedure, determined by federal executive body in the field of fire safety;

9) attaching to the personal record of his written explanations and other documents and materials;

10) protection of the personal data;

11) job development taking into account results of office activities, service length in Federal fire service, the education level;

12) passing of professional training and receipt of additional professional education;

13) consideration of office dispute in accordance with the legislation of the Russian Federation;

14) carrying out at its request expressed in writing, functional audit check;

15) the address to officials, higher according to the procedure of subordination, in higher bodies and (or) in court for protection of the rights and legitimate interests, and also for the dispute resolution, connected with service in Federal fire service;

16) compulsory national insurance of life and health in accordance with the legislation of the Russian Federation;

17) the state protection of his life and health, life and health of members of his family, and also belonging to it and members of his family of property;

18) state provision of pensions in accordance with the legislation of the Russian Federation;

19) medical support in accordance with the legislation of the Russian Federation;

20) providing with its premises and members of his family according to the procedure and on the conditions determined by the legislation of the Russian Federation;

21) proper organizational and technical and sanitary and hygienic conditions of service taking into account features of service in Federal fire service;

22) creation and participation in activities of the public associations which are not pursuing political goals in time, free from accomplishment of service duties, if it does not involve emergence of conflict of interest.

2. The rights of the employee of Federal fire service when implementing of ex-officio full powers by him along with this Federal Law are determined also by other regulatory legal acts of the Russian Federation.

3. The rights of the employee of Federal fire service in Federal fire service are determined by the replaced position by official regulations (job description).

4. Other rights can be granted to the employee of Federal fire service in accordance with the legislation of the Russian Federation.

Article 12. Fundamental obligations of the employee of Federal fire service

1. The employee of Federal fire service shall:

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