Федеральный государственный пожарный надзор: проблемы привлечения к административной ответственности физических лиц в связи с изменением законодательства

Abstract

The article is devoted to the problems associated with bringing to administrative responsibility individuals (citizens of the Russian Federation, foreign citizens and stateless persons) who do not belong to the category of controlled persons for violation of fire safety requirements. The analysis of legislative acts that are the basis for possible administrative impact by the state fire supervision authorities, including the wording of the norm of part 31 of Article 28.1 of the Code of Administrative Offences of the Russian Federation, which provides for the possibility of bringing to administrative responsibility only after conducting a control (supervisory) event in cooperation with a controlled person. The result of the conducted systematic analysis of regulatory legal acts was the conclusion that this norm does not apply to individuals who are not controlled persons under the law In order to unambiguously understand the norm of part 31 of Article 28.1 of the Code of Administrative Offences of the Russian Federation, the need for state control (supervision) bodies to fulfill their powers, including state fire supervision, the authors formulated proposals to amend the said Code and the Federal Law “On Fire Safety”.