Договорные отношения в сфере проведения аварийно-спасательных работ, связанных с тушением пожаров, как основа обеспечения пожарной безопасности

Abstract

There are considered issues concerning contractual relations between organizations, which operate hazardous production facilities and emergency rescue services and units. 177876 fire accidents are amounted on an average in the Russian Federation annually and about 14586 people die by fire. An economic damage amounts to 10823 mln rubles. The manufacturing enterprises are the most hazardous. One of the main ways of ensuring fire safety is improving of contractual work in manufacturing enterprises as above, and as well in emergency rescue services and rescue units. In spite of the freedom of contract in the civil law, a making a contract for rescue operations is an absolute requirement for all hazardous production facilities. The ways of solving the problems that arise during the conclusion and executing of an agreement for carrying out the emergency rescue operations incidental to firefighting, between manufacturing enterprises operating hazardous production facilities and between emergency rescue services and formations are studied. In case of drawing up of contractual relations, the contract is required to define the emergency rescue operations as the subject of a contract with compulsory specification for this type of work as fire extinguishing. It is allowed to make a separate contract for carrying out emergency rescue operations, concerning fire extinguishing. Emergency rescue services and formations, state and non-state, acting as a contract acceptor, have to be certified for this kind of work. Otherwise the contract will not meet the requirements of current legislation. An important requirement for passing the certification is the training of employees of emergency rescue services and formations. The absence of certification is the reason for termination of contract for carrying out emergency rescue operations, connected to fire extinguishing. Emergency rescue formations have to be ready to respond to emergencies and conduct work to neutralize them. In the case of their unavailability to respond to emergencies and conduct work to neutralize them, as well as the inability to maintain organizations under contracts and be involved in carrying out emergency rescue operations, counterparties of these formations have a right to terminate the contract for carrying out emergency rescue operations, connected with fire fires. It is shown that the solution of these problems will improve the fire safety of organizations, operating hazardous production facilities.