Organizational and legal basis for ensuring fire safety. Fire safety basics
Fire safety is a state of protection of a person, property, objects National economy, other objects of the state and society, objects of nature from fires.
The basis of providing fire safety is the Federal Law of the Russian Federation "On Fire Safety", adopted on November 18, 1994, and the Fire Safety Rules Russian Federation, approved by the chief state inspector of the Russian Federation for fire supervision and introduced by order of the Ministry of Internal Affairs of the Russian Federation of December 14, 1993 No. 536.
The fire safety system includes legal, organizational, technical, economic, scientific and technical, social measures, as well as a combination of relevant forces and means. The main elements of this system are the organs state power and local government, specialized services and divisions, enterprises and citizens.
The main responsibilities in ensuring fire safety are assigned to the Ministry of Internal Affairs, the relevant Ministry of Internal Affairs and the Central Internal Affairs Directorate of the subjects of the Federation and administrative-territorial formations (districts, cities, etc.). The Ministry of Internal Affairs forms in its composition the relevant departments, services, inspections, units, etc. to ensure the assigned tasks of ensuring fire safety.
The Law "On Fire Safety" provides enterprises with a number of rights and various duties, including: to comply with fire safety requirements; comply with orders, orders and other legal requirements officials fire brigade; contain in good condition systems and tools fire protection; immediately notify the fire brigade of a fire, etc.
Responsibility for fire safety is assigned to the head of the enterprise.
The head of the enterprise is obliged to issue an order establishing fire mode, introduce relevant fire safety issues into regulations internal regulations, instructions, sections in the collective agreement.
Protection against fires and explosions is achieved by:
Compliance fire safety requirements in the design and construction, including the placement of buildings and structures, the use of fire-resistant materials and structures; compliance with the relevant requirements of SN and P, etc.;
Applications of fire and explosion-proof technological processes and equipment;
Substitutions or, in last resort, reducing the use of combustible, flammable and explosive substances;
Creations and applications effective means fire prevention and fire fighting;
Conducting training and briefings for employees on fire safety rules;
Organizations of relevant structures, commissions, voluntary fire brigades.
by fire called uncontrolled combustion outside a special focus, accompanied by material losses. Combustion is a chemical process of combining a combustible substance with an oxidizing agent, accompanied by intense heat release and light emission. Combustion is possible if the rate of heat release by the chemical reaction of combustion exceeds the rate of heat removal to the environment. Otherwise, the combustion process will be attenuated. The kinetics of the combustion process is explained by the theory chain reactions. If a branching reaction occurs during combustion, then self-acceleration of the oxidation reaction occurs.
There are several types of combustion:
Diffusion combustion of the surface solid body and kinetic combustion - a homogeneous combustible mixture;
Deflagration combustion with a low velocity of the flame front and explosive and detonation combustion with high speed flame movement (tens and thousands of meters per second).
The combustion of gases proceeds both in the diffusion and kinetic regions and can be in the nature of explosive or detonation combustion. When a liquid burns, it evaporates and the vapor-air mixture burns above the surface of the liquid. The decisive factor is the process of evaporation of a liquid, which depends on its physical and chemical properties. The process of combustion of vapors does not differ from the combustion of gases. Combustion solids diffusion. As a rule, it is accompanied by melting, decomposition and evaporation with the release of gas and vaporous products that form a combustible mixture with air.
Dust has an increased fire hazard. Moreover, with an increase in the dispersion of dust, its chemical activity increases, the self-ignition temperature decreases, and the adsorption capacity increases, which increases its fire hazard. The combustion of air suspension obeys the laws of combustion of gas mixtures, but occurs more slowly. The combustion rate of fine dust approaches the combustion rate of gas. In a closed space, the ignition of an air suspension has the character of an explosion with the formation of a large volume of gaseous products and their heating to high temperatures. As a result, the pressure increases by 4-6 times. The explosion involves settled dust, which, when ignited, becomes suspended, which leads to secondary explosions.
Fire prevention measures depend on the fire characteristics of the substances used in production. The assessment of the explosive properties of substances includes the determination of the main indicators given in table 14.
The fire hazard of a liquid is determined by: combustibility group; flash point; ignition temperature; self-ignition temperature; burnout rate; the nature of the interaction of a combustible substance with extinguishing agents.
For rate fire hazard solids determine: flammability group; ignition temperature; self-ignition temperature; the nature of the interaction of a burning substance with fire extinguishing agents.
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1.1. Definition of fire safety.Fire safety- a dynamically stable state in which the causes and conditions that give rise to uncontrolled combustion are objectively absent or excluded.1.2. Definition of fire safety.Security- a set of social relations that develop as a result of the development and adoption of measures that prevent or exclude uncontrolled combustion.
1.3. The legal basis for food security is a set of legal norms of different industry affiliation that regulate social relations that are developing in the field of food security.
1.4. The organizational basis for providing food security is specially created for the purpose of performing functions in the field of food security state and non-state entities with their inherent competence, rights and obligations.
1.5. Subjects of ensuring food safety in the Russian Federation. The subjects of ensuring fire safety are understood as:
a) state authorities of the region;
b) local governments;
c) governing bodies, divisions and organizations of the State Fire Service of the region created in accordance with the Federal Law "On Fire Safety";
d) management bodies and divisions of departmental fire protection;
e) units of voluntary fire protection;
f) citizens and their associations.
1.6. Food security facilities in the Russian Federation. object - territory, enterprise, building, structure, premises, outdoor installation, warehouse, vehicle, open area, equipment, product, other movable and immovable property, as well as technological process for which fire safety requirements are established
1.7. The concept of law and its meaning and essence.Right- these are the norms established or sanctioned by the state, state power, as well as the freedom enshrined in these norms, the possibility of a certain behavior.
1.8. Rules of law and their structure.Rules of rights a - a generally binding rule established or recognized by the state, provided with the possibility of state coercion and regulating generally binding relations.
Structure of the rule of law:
Hypothesis - conditions for ensuring the rules of conduct
Disposition - describes the very rule of behavior
Sanction - provides for types of coercive measures to comply with the rules.
1. The Constitution of the Russian Federation
2. Federal Laws of the Russian Federation:
a) federal constitutional laws
b) federal laws
3. By-laws of federal significance:
a) Decrees of the President of the Russian Federation
b) Decrees of the Government of the Russian Federation
4. Regulatory legal acts of the constituent entities of the Russian Federation
5. Departmental regulations
Orders and orders of ministries and departments
6. Local regulations
Orders and orders of heads of organizations and institutions
1.10. The concept of law and legislation. law- a legal act adopted by the highest representative (legislative) body of state power or a referendum and regulating the most important public relations.
Legislation- the totality of all Russian laws.
1.11. The history of the emergence and development of the fire service in Russia. Act 1 - Order on the city deanery of 1649 under Tsar Alexei Mikhailovich. This is the day of formation of the Russian State Guard. The first mention of fire protection in the 11th century under Yaroslav the Wise was included in the collection of laws "Russian Truth". It continued in 1722, under Peter 1, the first fire department was created at the Admiralty. In 1718 Peter 1 issued a decree on the construction of special fire ships. In 1748, the decree "To have a strong precaution against fire cases." In 1918, the Soviet fire brigade was created and existed within the framework of the Ministry of Internal Affairs. In 2002, it was transferred to the Ministry of Emergency Situations. (The Ministry of Emergency Situations was created after the earthquake in Spitak (Armenia) in 1988 and after the Chernobyl disaster in 1986)
1.12. The history of the emergence and development of the fire service in the Republic of Belarus. On July 14, 1816, the creation of a fire garrison, a fire station "Police fire Department» . In 1857 the first fire station was established in Sterlitamak, and in 1878 the second fire station was established in Ufa. In 1969, the Council of Ministers of the BASSR issued a resolution on the state and measures to strengthen fire safety in the Republic. Currently, the law of the Republic of Belarus "On fire safety in the Republic of Belarus" is in force.
1.13 History of legislation in the field of fire fighting and those responsible for their occurrence
The first penalties for arson are reflected in the first official code of laws, Russkaya Pravda, published in the 11th century: the arsonist and members of his family were enslaved for their deeds, and their property went to the state treasury.
The code of law of 1407 increased the punishment for arson: “Do not give the igniter a stomach, execute him with the death penalty. in 1434 Grand Duke Basil II in his decrees not only commanded to be careful with fire, but also determined the conditions for the use of fire in the most flammable crafts and everyday life.
First normative act fire protection in Russia - the Decree on fire safety measures in the city - was issued in 1472 by the Grand Duke Ivan III.
In 1547, in Moscow, Ivan the Terrible issues a decree forbidding Muscovites to heat stoves in their houses in summer.
Since 1550, archers began to be sent to extinguish fires in Moscow, and Russia was the first country to use the army in the fight against the fire element, and in the twenties of the 17th century, the first fire brigade was created in the capital.
The fire department in our country was established in the 17th century. On April 30, 1649, Tsar Alexei Mikhailovich Romanov issued the "Instruction on City Deanery". "Order ..." was the first legal act containing all the basic provisions inherent in professional fire protection. For the first time in Russia, he established rules for officials responsible for fire safety. The document also defines the staffing of the fire department for the first time.
The second document, dated the same year, "The Cathedral Code or the Code of Laws of Tsar Alexei Mikhailovich", contained articles strictly regulating the observance of fire safety rules in cities, villages, forests and provided for liability for arson and the difference between careless handling of fire and arson.
For arson, the punishment was the most severe - the burning of "lighters". Only 5 years later, this article was amended: "... replace burning at the stake with the gallows."
Peter I made a great contribution to the development of fire fighting. In 1701, a decree was issued in all cities of Russia to build not wooden, but “stone houses, or at least mud huts, and build not among houses, but linearly - along the streets and lanes.” Fines and punishments were imposed for non-compliance with fire safety rules.
On June 24, 1803, Alexander I signed a decree, according to which, first in St. Petersburg, and later in Moscow, professional police fire brigades were created from conscripts. Since that time, professional fire brigades have been fighting fires in all cities of Russia.
2.1. The Constitution of the Russian Federation - as the basis of the fire legislation of the Russian Federation. The constitution was adopted in 1993 by a popular referendum.
Art. 20 guarantees the "right to life"
Art. 35 defines the protection of property rights, regardless of the form of ownership.
Art. 41 defines the right to health care and medical care
Art. 42 defines the right to a healthy environment
Art. 53 defines the right to compensation for damage caused by illegal actions of public authorities or officials
2.2. Describe the federal law of the Russian Federation "On Security" dated March 5, 1992.Security- the state of protection of the vital interests of the individual, society and the state from internal and external threats.
Vital Interests- a set of needs, the satisfaction of which reliably ensures the existence and development of the individual, society and the state.
The main security objects are:
1) personality, its rights and freedoms
2) society, its material and spiritual values
3) the state, its constitutional system, its sovereignty and territorial integrity.
The main subject of security is the state whose task is to ensure security. The President is the guarantor of security.
Security threat- a set of conditions and factors that create a danger to the vital interests of the individual, society and the state.
2.3. Describe the federal law of the Russian Federation "On fire safety" of December 21, 1994.Fire- uncontrolled combustion, causing material damage, harm to the life and health of citizens, the interests of society and the state.
Fire safety- the state of protection of the individual, property, society and the state from fire.
Fire mode– rules of conduct for people that provide a warning about violation of the requirements of the industrial safety
fire protection- a set of units and their management bodies designed to prevent fires, extinguish them and carry out emergency rescue operations.
Fire safety system- a set of forces, means, as well as legal, organizational, economic, social, scientific and technical measures aimed at fighting fires.
Fire protection is divided into types:
State Fire Service (SFS)
Municipal Fire Department
Departmental Software
Private software
Voluntary software
2.4. Describe the federal law of December 21, 1994 "On the protection of the population and territories from natural and man-made emergencies" emergency- the situation in a certain territory that has developed as a result of an accident, a natural hazard, a catastrophe, a natural or other disaster that may or have caused human casualties, damage to human health or the environment, significant material losses, violation of people's living conditions.
Emergency warning- a set of measures taken in advance, aimed at reducing the risk of emergencies.
The law defines the rights and obligations of citizens in the field of protection from emergencies.
2.5. Describe the federal law of March 6, 2006 "On combating terrorism"Terrorist act- committing an explosion, arson, or other actions related to intimidation of the population and creating a danger of death of people, causing significant material damage and other especially grave consequences.
2.6. Describe the federal constitutional law "On the state of emergency" dated May 30, 2001state of emergency- a special legal regime introduced throughout the territory of the Russian Federation or in its individual localities by the activities of state authorities, local governments and organizations, regardless of the form of ownership, which allows for a separate restriction of the rights and freedoms of citizens and the imposition of additional duties on them.
2.7. Describe the Regulations on the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Elimination of Consequences of Natural Disasters (approved by Decree of the President of the Russian Federation of July 11, 2004 No. 868) legal regulation, supervision and control in the field of civil defense, protection of the population and territories from emergencies of a natural and man-made nature, ensuring safety and security of people at water bodies. The regulation specifies the main tasks of the Ministry of Emergency Situations.
2.8. Describe the Decree of the Government of the Russian Federation of June 20, 2005 No. 385 "On the Federal Fire Service" This decree determines the number of employees of the federal fire service in the amount of 80 thousand people. The Federal Fire Service is an integral part of the State Fire Service and is part of the Ministry of Emergency Situations. The Federal Fire Service carries out its activities through management bodies and divisions, these include:
1) structural divisions of the central office of the Ministry of Emergency Situations
2) structural subdivisions of the territorial bodies of the EMERCOM of Russia are regional centers for Civil Defense, Emergencies and Elimination of Consequences of Natural Disasters
3) bodies authorized to solve the tasks of civil defense and the tasks of preventing and eliminating emergencies in the constituent entities of the Russian Federation
4) GPN bodies (state fire supervision)
5) research and educational institutions
6) units created to ensure the prevention of fires and their extinguishing in organizations and institutions
7) subdivisions of the federal fire service, created for the purpose of organizing the prevention and extinguishing of fires in closed administrative-territorial formations, as well as regime organizations.
2.9. Describe the Law of the Republic of Belarus "On Fire Safety" dated November 30, 2005Security systems in the Republic of Belarus- a set of forces and means, as well as legal, organizational, economic, social, scientific and technical measures aimed at fighting fires. The elements of the PB system in the Republic of Belarus are: public authorities of the Republic of Belarus, local governments, organizations and citizens involved in ensuring food safety in the Republic of Belarus. The main tasks of fire protection: fire prevention, rescue of people and property in fires, fire fighting and rescue operations. The fire service of the Republic of Belarus is part of the state fire service and includes structural subdivisions of the executive authority of the Republic of Belarus, authorized to solve the tasks of providing food safety, managing and coordinating the activities of the fire service of the Republic of Belarus.
1) The Department of the State Fire Service for the Republic of Belarus also operates as part of the Main Directorate for the Republic of Belarus.
2) Divisions of the fire service in the Republic of Belarus, created in order to ensure the prevention of fires and their extinguishing in the territory of the Republic of Belarus
3) Fire service divisions, created in order to ensure the prevention of fires and their extinguishing in organizations.
Fire service personnel: the fire service of the Republic of Belarus accepts citizens not younger than 17 years old, capable of performing official duties due to their personal and business qualities, education and health status.
3.1. Forms and methods of providing food security Under form safety assurance is understood as an external expression of the impact of the subject of safety assurance on the corresponding object in order to create and maintain the required level of fire-prevention condition of this object. The subject is understood as the state, and the objects are understood as legal, official and natural persons.
Methods for ensuring food security- this is a set of techniques and methods for the implementation by the subject of ensuring the safety of the possible functions of fulfilling the tasks set and maintaining the required level of safety of the corresponding object.
Forms of food security
- this is lawmaking (issuance of normative acts)
Law enforcement (deciding on specific cases and disputes about the law)
Conclusion of various kinds of legal agreements
Carrying out organizational measures to prevent and extinguish fires
The goals and objectives of the PB system are achieved with the help of technical and social methods of influencing security objects. Technical methods are a set of methods for preventing and extinguishing fires. Social - impact on the consciousness of PB objects.
3.2 The concept of administrative responsibility represents a legal duty of a person found guilty of committing an administrative offense to endure the negative legal consequences established by administrative legislation related to the restoration of disturbed public relations and the imposition of appropriate administrative penalties.
Administrative responsibility can be considered at:
legal quality of subjects of administrative and legal relations
socio-legal phenomenon (i.e. settlement by administrative-legal norms, public relations that develop regarding the commission of administrative offenses)
set of administrative legal regulations governing this area of social relations.
Administrative coercion (administrative penalty taxes) are aimed at maintaining the normal functions of all food security systems. Measures of state coercion must be applied on the basis of the law and in accordance with the law.
Administrative coercion is one of the types of state coercion and consists in imposing administrative penalties on persons who violate administrative prohibitions, i.e. bringing them to administrative responsibility.
3.4 The structure of legislation on administrative offenses in the Russian Federation Structure of the Code of Administrative Offenses (December 30, 2001) registered under No. 195 - FZ. The Administrative Code consists of 2 parts: general and special. The general part gives the basic theoretical concepts of administrative law, and the special part considers specific offenses, summarized in certain groups, which are called sections and chapters, and the penalties that can be applied for a given offense. Article 1 Legislation on administrative offenses. At the federal level, administrative offenses are regulated by the Code of Administrative Offenses, and at the level of subjects of the federation, they can be regulated by the relevant laws of these subjects. If a international treaty The Russian Federation provides for other rules than those provided for by the norms of the Russian Federation, then the norms of international law apply.
Art. 3 Subjects of jurisdiction of the Russian Federation- establishment of general provisions and principles of administrative legislation, the established list of administrative penalties, established administrative responsibility and the procedure for proceedings in cases of administrative offenses.
3.5 The principles of equality of all before the law and the presumption of innocence in the administrative legislation of the Russian Federation Principles of administrative law:
The principle of equality of all before the law, i.e. all persons are subject to administrative responsibility
The principle of the presumption of innocence, i.e. a person brought to administrative responsibility is not required to prove his innocence. A person is presumed innocent until his guilt is proven in the manner prescribed by law.
3.6 The effect of legislation on administrative offenses in time and space Under space refers to the territory of the Russian Federation. by time of an administrative offense is the time of its commission, and not the onset of harmful consequences. Proceedings on administrative offenses are carried out on the basis of the law in force at the time of the proceedings on the specified case.
3.7 The concept of an administrative offense Administrative offense(Article 2.1 of the Code of Administrative Offenses) an unlawful guilty action (inaction) of an individual or legal entity is recognized, for which liability is established by administrative legislation.
3.8 The concept of administrative responsibilityAdministrative responsibility- this is the implementation of administrative and legal sanctions, the application by an authorized body or official of administrative penalties to citizens and legal entities who have committed an offense.
3.9 Forms of guilt in administrative law Forms of guilt:
1) intent - an administrative offense is recognized as committed intentionally a) if the person who committed it was aware of the unlawful nature of his actions, foresaw the consequences and desired the onset of these consequences (direct intent), b) deliberately allowed it (indirect intent), or treated him indifferently
2) negligence - when a person who committed an administrative offense a) foresaw the possibility of harmful consequences, but without sufficient grounds, counted on preventing grave consequences (frivolity), b) did not foresee the possibility of grave consequences, although he should have and could have foreseen them.
3.10. Administrative responsibility of individuals and legal entities.Legal entities subject to administrative liability for committing administrative offenses in cases provided for by the Code of Administrative Offenses of the Russian Federation or the laws of the constituent entities of the Russian Federation on administrative offenses. For an individual who has committed an administrative offense, an administrative penalty must be imposed, necessary and sufficient for his education. Administrative penalty is not intended to humiliate human dignity individual who has committed an administrative offense, or infliction of physical suffering on him. Administrative penalty imposed on entity and individual entrepreneur, is not intended to harm their business reputation.
3.11 Purposes and types of administrative punishmentAdministrative punishment- a measure of state coercion for a committed administrative offense.
Types of administrative penalties:
a warning
administrative fine
gratuitous seizure of a tool or object of an administrative offense
confiscation of a tool or object of an administrative offense
deprivation of a special right
administrative arrest
administrative expulsion of foreign citizens from the Russian Federation
disqualification
Additional: paid seizure of a weapon or an object of an administrative offense, confiscation of a weapon or an object of an administrative offense, administrative expulsion of foreign citizens from the Russian Federation
3.13 Describe administrative penalties in the form of a warning and a fine The warning shall be issued in writing. An administrative fine is a monetary penalty, expressed in rubles.
3.14 Describe the administrative penalties in the form of reimbursable seizure of a tool or subject of an administrative offense and confiscation of a tool or subject of an administrative offense Paid seizure - with subsequent return. Confiscation - no return.
3.15 Describe the administrative penalties in the form of deprivation of a special right and administrative arrest. Deprivation of a special right - a maximum period of 2 years. Administrative arrest up to 15 days.
3.16 Describe the administrative penalties in the form of administrative expulsion from the Russian Federation of a foreign citizen or stateless person and disqualification Expulsion from the Russian Federation. Disqualification consists in depriving an individual of the right to hold leadership positions for up to 3 years.
3.17 Circumstances mitigating and aggravating administrative responsibilityEmollient- repentance, voluntary communication, prevention of consequences, commission in a state of passion, commission by a minor, as well as by a pregnant woman and a woman with children under 14 years of age.
Aggravating– continuation of illegal behavior despite the actions of law enforcement agencies, repeated violation, involvement of a minor, commission by a group of persons, commission under conditions natural disaster, committing while intoxicated
3.18 Prescription of bringing to administrative responsibility 2 months
3.19 Administrative liability for offenses in the field of industrial safety
Art. 7.17 destruction or damage to another's property (intentionally), if it did not cause significant damage
Art. 8.32 violation of PB rules in forests
Art. 9.1 violation of industrial safety requirements in the field of operation of hazardous production facilities
Art. 11.16 violation of the rules of industrial safety on railway, sea, inland waterway, air transport
Art. 12.17 Not giving advantage in motion vehicle with included special sound and light signals
Art. 17.2 non-compliance with the legal requirements of the prosecutor, investigator, interrogating officer or official conducting proceedings on the case of an administrative offense
Art. 19.2 Willfully damaging or breaking a seal or seal
Art. 19.4 Disobedience to the lawful order of an official exercising state supervision
Art. 19.5 failure to comply with the lawful order of this person in time
Art. 19.13 Knowingly false call to specialized services
Art. 20.4 violation of IS requirements
Art. 23.34 defines the bodies exercising state supervision
Art. 28.1 initiation of proceedings on an administrative offense.
3.20 Judges and bodies authorized to consider cases of administrative offenses 1. Cases of administrative offenses provided for by the Code of the Russian Federation on Administrative Offenses
1) judges (justices of the peace);
3) federal executive bodies, their institutions, structural divisions and territorial bodies, as well as other state bodies authorized to do so based on the tasks and functions assigned to them by federal laws or regulatory legal acts the President of the Russian Federation or the Government of the Russian Federation.
2. Cases of administrative offenses provided for by the laws of the subjects of the Russian Federation are considered within the powers established by these laws:
1) justices of the peace;
2) commissions for minors and protection of their rights;
3) authorized bodies and institutions of the executive authorities of the constituent entities of the Russian Federation;
4) administrative commissions, other collegiate bodies created in accordance with the laws of the constituent entities of the Russian Federation.
3.21 What cases of administrative offenses are considered by the bodies exercising state fire supervision
In accordance with Art. 223 of the Code of Administrative Offenses, the state fire supervision authorities consider the following types of cases of administrative offenses:
On violation of fire safety rules in railway, sea, river and air transport (Article 120 of the Code of Administrative Offenses);
On violation of the fire safety requirements established by law (Article 175 of the Code of Administrative Offenses);
On failure to comply with the instructions and resolutions of officials of the state fire supervision authorities (Article 1888 of the Code of Administrative Offenses).
Order of the Ministry of Emergency Situations No. 68 of 2006 “On approval of the list of officials and bodies of the State Patrol Service authorized to draw up protocols on administrative offenses”
3.22 Terms of consideration of a case on an administrative offense
Art. 29.6 the case of an administrative offense must be considered within 15 days.
4.1 The concept of criminal lawcriminal law- this is a normative act adopted by the legislative body of the Russian Federation and containing legal norms that establish the principles of criminal law and determine which acts are crimes and what punishments are applicable to persons who have committed a crime.
4.2 The structure and objectives of the criminal legislation of the Russian Federation The criminal law is the Criminal Code of the Russian Federation and the laws of the Russian Federation adopted to amend or supplement it. The Criminal Code of the Russian Federation was adopted in 1996 and entered into force in 1997, with the exception of certain provisions. The Criminal Code consists of two parts: general and special. The general one contains the general legal principles of the Criminal Code, the grounds for criminal liability, and other theoretical provisions. Art. 2 defines the tasks of the Criminal Code, which include the protection of the rights and freedoms of a citizen, the preservation of public safety, environment, the constitutional system of the Russian Federation from criminal encroachments, ensuring the security of mankind and the prevention of crimes. Crime prevention is a special task of the Criminal Code.
4.4 Principles of criminal law Principles:
1. The universal legal principle of legality. The criminality of an act is determined only by the criminal law
2. The principle of equality of citizens before the law
3. The principle of guilt, i.e. a person is subject to criminal liability for those crimes in respect of which his guilt is proven
4. The principle of justice - the punishment must correspond to the degree of danger of a public act
5 The principle of humanism
6. The principle of the presumption of innocence (A citizen is considered innocent until his guilt is proven. A citizen is not obliged to prove his innocence. In case of irremovable doubt, the circumstances are interpreted in favor of the accused.)
4.5 Action of the criminal law in time and space. Retroactive effect of criminal law. The punishability of an act is determined by the criminal law in force at the time the crime was committed.
Art. 10. Retroactive effect of criminal law. The criminal law, mitigating punishment, is distributed to persons who have committed a crime before its entry into force.
4.6 Concept and categories of crimesCrime- this is a guilty committed socially dangerous act, prohibited by the Criminal Code under the threat of punishment. Signs of a crime: 1) guilty, 2) committed, 3) socially dangerous, 4) act.
Categories of crimes(Article 15): depending on the degree of public danger
minor gravity - intentional and reckless act 2 years
moderate - intentional 5 years and negligent 2 years
serious crime - intentional 5-10 years
especially grave - intentionally from 10 years.
Security educational institution Petrov Sergey Viktorovich
11.2. Legal and organizational basis for ensuring fire safety
The main regulatory legal documents in the field of fire safety are:
Federal Law of December 21, 1994 No. 69-FZ "On Fire Safety" (as amended federal law dated December 27, 1995 No. 211-FZ);
Fire safety rules in the Russian Federation (PPB 01–03);
GOST SSBT, SNiP, fire safety standards, etc.;
regional documents - fire safety rules, fire safety laws of specific regions;
departmental (object) documents - instructions on fire safety measures and actions in case of fire;
orders, instructions, plans, instructions of the head of the educational institution.
In accordance with the Federal Law "On Fire Safety" (Article 2), the subjects of the Russian Federation have the right to develop and approve within their competence regulations on fire safety, which do not reduce the fire safety requirements established by federal regulatory legal acts.
Rights and obligations of citizens and officials in the field of fire safety.
Citizens are obliged:
comply with fire safety requirements;
have in the premises and buildings owned (used) by them, primary funds extinguishing fires and fire-fighting equipment in accordance with fire safety rules;
upon detection of fires, immediately notify the fire brigade about them;
before the arrival of the fire brigade, take all feasible measures to save people, property and extinguish fires;
assist the fire brigade in extinguishing fires;
comply with the instructions, resolutions and other legal requirements of fire officials.
The responsibility of officials and other persons for compliance with fire safety is regulated by Art. 38 and 39 of the Federal Law "On Fire Safety", as well as the Criminal Code of the Russian Federation and other codes of the Russian Federation. In this case, disciplinary, administrative, material or criminal liability may be imposed.
It also provides for liability for the destruction or damage to property (Articles 167 and 168 of the Criminal Code of the Russian Federation) as a result of careless handling of fire, for violation or non-compliance with fire safety rules at enterprises, institutions, state and other organizations.
In accordance with PPB 01–03, each organization must be ordered to establish a regime corresponding to their fire hazard, including:
designated and equipped smoking areas;
the places and the allowable amount of raw materials, semi-finished products and finished products located in the premises at a time are determined;
established the procedure for de-energizing electrical equipment in case of fire and at the end of the working day;
the procedure for conducting temporary hot and fire hazardous work has been established;
established the procedure for inspection and closing of premises after completion of work;
the actions of employees upon detection of a fire are determined;
the procedure and deadlines for passing fire safety briefing and classes on the fire-technical minimum, as well as those responsible for their implementation.
In all production, administrative, warehouse and auxiliary premises, signs indicating the telephone number for calling the fire brigade must be posted in prominent places.
The rules for the use of open fire, the passage of vehicles, the permissibility of smoking and carrying out fire hazardous work are established by general facility instructions on fire safety measures.
Each OS should have a system for instructing employees on fire safety.
Fire safety briefing- this is bringing to the employees of the OS the basic requirements of fire safety, the study of fire protection equipment and actions in case of a fire. Depending on the nature and time of the briefing, the briefing can be introductory, primary, repeated, planned, targeted (see section 11.6).
Every year, an order of the head of the educational institution should be issued, which assigns persons responsible for fire safety for each room. It is these persons (teachers, employees, electrician, plumber, cook) who each in their place monitor the serviceability of all dangerous devices and mechanisms, their correct storage and operation, timely submit applications for repairs and elimination of the causes of possible accidents, fires and other incidents.
By the same order, a fire and technical commission is created from the economic and technical personnel of the OS, which quarterly inspects all premises in order to identify deviations from the requirements of the Fire Safety Rules. In case of revealed violations and deviations, they are immediately eliminated, and if it is impossible to quickly eliminate the commission or the fire inspector, an act is drawn up, which, together with the application, is submitted to the appropriate education authority.
In OS buildings, with more than 10 people staying on the floor at a time, plans (schemes) for evacuating people in case of fire for each class, audience, and a fire warning system should be developed and posted in prominent places. When there are 50 or more people on the floor, in addition to the schematic plan, an instruction is developed that determines the actions of personnel to ensure the safe and quick evacuation of people, according to which practical training is carried out every six months. Existing samples and standard instructions should be finalized taking into account the characteristics of a particular building and each room.
All these documents are approved by the head of the educational institution. They are necessary to create a system of personal responsibility and control. At the same time, you should check whether the indicated rescue routes are real, whether there are walls and gratings installed by tenants, whether duplicate keys for emergency exits are available, whether the passages are cleared of foreign objects.
Part methodical work the head of the educational institution can instruct the teacher of the BZ (OBZh).
The most important requirement of fire safety is that not a single employee of the educational institution (teacher, cleaner, cook, etc.) should start working without understanding their actions in case of a fire or other emergency, without understanding where the rescue and fire extinguishing equipment is and how to use them.
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