The amount of the fine for violation of sanitary legislation. Penalties for violations of sanitary standards by public catering organizations may be increased

FEDERAL SERVICE FOR SUPERVISION IN THE FIELD OF CONSUMER RIGHTS PROTECTION AND HUMAN WELL-BEING

Federal budgetary institution of health care

"Center for Hygiene and Epidemiology in the KARACHAYEV-CHERKESS REPUBLIC"

List of questions for preparation for certification

for teachers and staff of additional educational organizations

1. What law provides for liability for violation health legislation:

2. Types of responsibility for violations of sanitary legislation:

When criminal liability arises for violations of sanitary legislation:

Requirements for the placement of organizations of additional education for children

Ventilation requirements

Temperature and Relative Humidity Requirements classrooms and cabinets.

furniture requirements

For children of what age, the end of classes is allowed at 21:00.

What should be the length of the break between two shifts of classes

Requirements for the equipment of carpentry workshops:

Requirements for the storage conditions of cleaning equipment and detergents.

frequency of general cleaning premises.

Labeling requirements for cleaning equipment

Organization Requirements drinking regime and drinking water quality

Ways of transmission of scabies

Requirements for the mode of the educational process

Factors and ways of infection with ascariasis

Factors and ways of infection with enterobiasis (pinworms)

What time should not exceed the volume of the maximum classroom load for students in children's art schools by type of art and additional pre-professional programs in the field of art.

Requirements for artificial lighting of premises

Requirements for the organization's water supply additional education.

The main symptom complex of the influenza virus.

answers to the test control additional education

Carrying out preventive vaccinations;

Mandatory medical examination by persons employed in food enterprises, in children's groups, etc.

The evasion or refusal of a person to take preventive measures serves as the basis for the application of other measures of administrative coercion: preventive-compulsory (forced hospitalization, forced vaccinations) and administrative penalties (fines for evading preventive vaccinations, examinations, etc.).

Measures of administrative penalty serve not only as a means of eliminating sanitary and epidemiological violations, but also as a means of punishing violators in order to prevent such in the future. For violation of sanitary and anti-epidemic and sanitary and hygienic norms, an administrative penalty is provided in the form of a fine or the transfer of cases to administrative commissions, prosecutors, etc.

Types of responsibility for sanitary offenses. Action Appeal officials

Responsibility for violation of sanitary legislation is provided for by Art. 27-31 of the law “On the sanitary and epidemiological welfare of the population”. A sanitary offense is an unlawful, guilty (intentional or negligent) act (action or inaction) associated with non-compliance with sanitary legislation, including those in force sanitary regulations, non-fulfillment of hygienic, anti-epidemic measures, conclusions, resolutions, orders and instructions of officials of bodies and institutions of the State Sanitary and Epidemiological Service. Officials and citizens who have committed a sanitary offense may be brought to disciplinary, administrative or criminal liability.

Disciplinary liability implies the imposition of disciplinary sanctions on officials and employees of enterprises provided for by the legislation of Russia, up to suspension from work, dismissal from their positions and dismissal. The heads of enterprises and organizations are obliged to impose disciplinary action on officials and employees who have committed a sanitary offense, on the proposal of the chief state sanitary doctor or his deputy.

In the order of administrative responsibility for committing a sanitary offense, administrative penalties in the form of a warning and a fine may be applied to officials and citizens. A fine is imposed by a decision of the chief state sanitary doctor or his deputy in the amount of: for officials - no more than the amount of three months' income; for working citizens - no more than the amount of monthly income.

Criminal liability arises for the commission of sanitary offenses that have caused or may cause the occurrence of mass diseases, poisoning and death of people. Officials and citizens are subject to criminal liability in accordance with the law Russian Federation.

Enterprises and organizations bear economic responsibility for violating sanitary legislation. Enterprises that allowed pollution environment, the release (or) sale of products, the use (use) of which led to the emergence of mass infectious or non-infectious diseases or poisoning of people, by order of the chief state sanitary doctor or his deputy, are obliged to: pay a fine to the local budget; reimburse the costs of medical and preventive and sanitary institutions for the provision of medical care patients, carrying out hygienic and anti-epidemic measures.

The procedure for appealing against decisions of officials of the State Sanitary and Epidemiological Service on the imposition of administrative penalties is set out in the “Instructions on the procedure for bringing officials, citizens to administrative responsibility and imposing fines on legal entities for sanitary offenses” (approved by order of the State Committee for Sanitary and Epidemiological Supervision of the Russian Federation dated July 7, 1993, No. 61).

The decision of the chief state sanitary doctor (or his deputy) on the imposition of a fine may be appealed to a higher chief state sanitary doctor (or his deputy) or to a district (city) court, the decision of which is final.

The decision to impose a warning may be appealed to a superior chief state sanitary doctor or his deputy, after which the complaint may be filed with the district (city) court, the decision of which is final. A complaint can be filed within 10 days from the date of the decision and is considered by a superior chief state sanitary doctor within 10 days from the date of its receipt.

The sequence of measures of administrative influence in case of sanitary offenses

The application of administrative measures is carried out in accordance with the “Instruction on the procedure for bringing officials, citizens to administrative responsibility and imposing fines on legal entities for sanitary offenses”. The process of bringing to administrative responsibility includes the following stages.

1. Statement of the fact of violation of the current sanitary and legal norm or non-compliance with fixed time the received order of the sanitary doctor (epidemiologist) on a specific issue of sanitary and anti-epidemic significance.

2. Identification of responsible persons and establishing their guilt in this case.

3. Initiation of a case on a sanitary offense (begins with the preparation of a protocol). The basis for this may be the facts of a sanitary examination, reports, protocols of laboratory and instrumental studies and other documents. A protocol on a sanitary offense may be drawn up by officials exercising state sanitary and epidemiological supervision. The protocol is signed by the person who drew it up and the person who committed the administrative offense.

4. Consideration of the case (at the same time, persons held liable, officials, a lawyer, witnesses, experts, etc. may participate). decision on the protocol sanitary violation, the imposition of a fine, etc., can be taken by the chief doctor of the SSES center (chief state sanitary doctor or his deputy). More responsible cases can be transferred to administrative commissions, internal affairs bodies, the prosecutor's office, arbitration, etc.

Having considered the case of a sanitary offense, the chief state sanitary doctor or his deputy shall issue a decision on the imposition of an administrative penalty. Administrative measures are applied in the form of a warning or a fine. In accordance with paragraph 3 of Art. 29 of the Law “On the Sanitary and Epidemiological Welfare of the Population” establishes the following fines: for officials - no more than the amount of three months' income, for working citizens - no more than the amount of one month's income. The choice of measure is determined by the composition of the offense, the totality of mitigating circumstances identified during the consideration of the case.

Appeal of the decision. The decision to impose an administrative penalty may be appealed to a superior chief state sanitary doctor or to a court, the decision of which is final. The complaint is filed within 10 days after the ruling.

1. Legal responsibility of medical personnel in the provision of anesthetic and resuscitation care
   types of liability in medicine for professional offenses are divided into moral, civil, administrative (disciplinary) and criminal. Administrative responsibility is a type of legal responsibility for an administrative offense (offence), “regarded” less strictly than by the criminal code. For violation labor discipline disciplinary sanctions are provided:
2. Regulatory framework for protecting the health of the population of Russia
   responsibility for offenses in the field of protecting the health of citizens; organization of the health care system; regulation of professional medical and pharmaceutical activities; health care financing, taxes, customs duties and benefits; special laws on topical areas of medicine and specific diseases. Unfortunately, legal regulation
3. Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens (1993)
   types of medical and pharmaceutical activities. Art. 56. The right to engage in private medical practice. Art. 57. Right to occupation folk medicine. Art. 58. Attending physician. Art. 59. Family doctor. Art. 60. Physician's oath. Art. 61. Medical secret. Art. 62. Professional medicine and pharmaceutical associations. Art. 63. Social and legal protection of medical and pharmaceutical
4. 
   types of agricultural domestic and wild animals, as well as products and raw materials of animal origin, feed, water, livestock buildings, pastures, fishery reservoirs, means for transporting livestock, poultry, livestock products. As a system of special and organizational measures V. (veterinary business, veterinary service) is connected with many branches National economy(livestock,
5. 
   species of domestic animals and wild mammals, birds. The disease in animals occurs after wounds, surgical interventions, bites, childbirth, haircuts, and due to other reasons, when the integrity of the skin and mucous membranes is disturbed and pathogens of Z. o enter the wounds. The appearance of the disease is possible after injection of non-sterile solutions of medicines, biological preparations and vaccinations in
6. 
   species of the genus Candida (C. tropicalis, C. pseudotrocalis, C. krusei), which belong to the asporogenic yeast of marsupial fungi that do not form bags. They reproduce by budding, form pseudomycelium, blastospores and chlamydospores. On Sabouraud agar or wort agar, C. albicans colonies occur as smooth S- and rough R-forms (Fig. 1.2). This fungus produces blastospores on corn agar (Fig.
7. 
   types of butter: Vologda, made from cream heated to t 95-98 ((°)) C with exposure for 10-15 minutes and having a pronounced taste and aroma of pasteurized cream ("nutty"); unsalted, salted; amateur, peasant (three types) - sweet cream unsalted, sweet cream salted and sour cream (see table). Butter with fillers is also produced
8. 
   types of domestic and farm animals. Distinguish E.: primary and secondary, acute and chronic, catarrhal, phlegmonous, croupous, diphtheritic. Primary E. is observed with mechanical or chemical irritation of the mucous membrane of the esophagus, as well as as a result of penetrating external injuries. Secondary E. occurs due to the transition of the inflammatory process to the esophagus with
9. SANITARY AND EPIDEMIOLOGICAL SUPERVISION AND SANITARY AND EPIDEMIOLOGICAL LEGISLATION
   responsibility in accordance with the legislation of the Russian Federation. 5. State supervision and control are carried out through: a) inspections of the activities of citizens, including individual entrepreneurs, and legal entities for the production and turnover food products, provision of services in the field of trade and Catering including, as appropriate:
10. SANITARY LEGISLATION AND CURRENT REGULATORY DOCUMENTS
    responsibility in their regions rests with the chief sanitary doctors of autonomous republics, districts, territories, regions, cities, districts. The main task of the State Sanitary and Epidemiological Service is to control the implementation of measures aimed at improving the nature, working and living conditions of the population, preventing and eliminating occupational and infectious diseases.

December 2, 2013

Rospotrebnadzor has developed a draft law providing for increased administrative and criminal liability for violations of sanitary and epidemiological requirements in the provision of public catering services to the population. The document is posted on a single portal for disclosing information on training federal authorities executive power draft normative legal acts and the results of their public discussion.

The explanatory note to the draft law recalls that administrative liability has been established for violating sanitary and epidemiological requirements for catering to the population in specially equipped places - canteens, restaurants, cafes, bars, etc., including when preparing food and drinks, storing and selling them. .

According to Rospotrebnadzor, for the period from 2010 to 2012, the number of decisions made to bring individual entrepreneurs and legal entities to administrative responsibility under this article increased, and the last increase in the sanction for this offense was in 2007.

Of particular concern is the scope of educational, health-improving children's institutions, children's sanatoriums, institutions children's recreation. So, in 2012, when checking the activities of children's and adolescent institutions, based on the results of an inspection of 90,270 institutions, more than 61 thousand violations of sanitary and epidemiological requirements for the organization of children's nutrition were identified.

Practice shows that it is more profitable for business entities that commit such offenses to pay an administrative fine than to eliminate the identified violation, since fines range from 1 to 1.5 thousand rubles. for citizens; from 2 to 3 thousand rubles. for officials and individual entrepreneurs, from 20 to 30 thousand rubles. for legal entities.

At the same time, notes Rospotrebnadzor, part 1, providing for administrative liability for violation of the requirements technical regulations, for individual entrepreneurs a fine is set in the amount of 20 to 30 thousand rubles, for legal entities - from 100 to 300 thousand rubles.

"At the same time, the public catering sector is no less associated with the threat of harm to the life and health of citizens due to non-compliance by business entities with sanitary and epidemiological requirements established by state authorities. sanitary regulations and norms," ​​emphasizes explanatory note to the bill.

In this regard, it is proposed to establish increased liability under Article 6.6 of the Code of Administrative Offenses of the Russian Federation: the imposition of an administrative fine on citizens in the amount of 3,000 to 5,000 rubles; for officials - from 10 to 20 thousand rubles; for individual entrepreneurs - from 20 to 30 thousand rubles. or administrative suspension of activities for up to 90 days; for legal entities - from 100 to 300 thousand rubles. or administrative suspension of activities for up to 90 days.

The draft law also provides for the introduction of a separate qualifying element of a crime in part 2 if the production, storage or transportation for the purpose of marketing or the sale of goods and products, the performance of work or the provision of services that do not meet the requirements for the safety of life or health of consumers, are committed during storage, transportation or sale food products, food additives, food raw materials to the population.

In addition, it is proposed to increase administrative liability for obstructing the legitimate activities of an official of the body state control(supervision) for the implementation of inspections.

The full name of the draft law is "On Amendments to Certain legislative acts of the Russian Federation in terms of strengthening responsibility for violating sanitary and epidemiological requirements and obstructing an inspection."

Responsibility for violation of sanitary legislation is provided for by Art. 27-31 of the law “On the sanitary and epidemiological welfare of the population”. A sanitary offense is an unlawful, guilty (deliberate or careless) act (action or inaction) that infringes on the rights of citizens and the interests of society (action or inaction) associated with non-compliance with sanitary legislation, including current sanitary rules, failure to comply with hygienic, anti-epidemic measures, conclusions, resolutions, orders and instructions of officials of bodies and institutions of the State Sanitary and Epidemiological Service. Officials and citizens who have committed a sanitary offense may be brought to disciplinary, administrative or criminal liability.

Disciplinary liability implies the imposition of disciplinary sanctions on officials and employees of enterprises provided for by the legislation of Russia, up to suspension from work, dismissal from their positions and dismissal. The heads of enterprises and organizations are obliged to impose disciplinary sanctions on officials and employees who have committed a sanitary offense, on the proposal of the chief state sanitary doctor or his deputy.

In the order of administrative responsibility for committing a sanitary offense, administrative penalties in the form of a warning and a fine may be applied to officials and citizens. A fine is imposed by a decision of the chief state sanitary doctor or his deputy in the amount of: for officials - no more than the amount of three months' income; for working citizens - no more than the amount of monthly income.

Criminal liability arises for the commission of sanitary offenses that have caused or may cause the occurrence of mass diseases, poisoning and death of people. Officials and citizens are subject to criminal liability in accordance with the legislation of the Russian Federation.

Enterprises and organizations bear economic responsibility for violating sanitary legislation. Enterprises that have allowed environmental pollution, release (or) sale of products, the use (use) of which has led to the emergence of mass infectious or non-infectious diseases or poisoning of people, by order of the chief state sanitary doctor or his deputy, are obliged to: pay a fine to the local budget; reimburse the costs of medical and preventive and sanitary institutions for the provision of medical care to patients, the implementation of hygienic and anti-epidemic measures.

The procedure for appealing against decisions of officials of the State Sanitary and Epidemiological Service on the imposition of administrative penalties is set out in the “Instructions on the Procedure for Bringing Officials, Citizens to Administrative Liability and Imposing Fines on Legal Entities for Sanitary Offenses” (approved by order of the State Committee for Sanitary and Epidemiological Supervision of the Russian Federation dated 07.07.93, No. 61).