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Do not rush to pay a fine to Rostekhnadzor!

Organizations operating hazardous production facilities (HEP), such as drilling rigs, aerial platforms and so on, are required to carry out production control over compliance with industrial safety requirements at the HSP. Such organizations need to submit information about the organization of industrial control over compliance with industrial safety requirements to the federal executive authorities in the field of industrial safety (their territorial bodies) of Rostekhnadzor.

In case of failure to provide such information within the time periods specified by the legislation of the Russian Federation, a fine is threatened by an inspection by the Rostekhnadzor authorities:
for officials – from 20,000 to 30,000 rubles or disqualification for a period of 6 months to 1 year;
for legal entities – from 200,000 to 300,000 rubles or administrative suspension of activities for up to 90 days (Part 1 of Article 9.1. Administrative Code of the Russian Federation).
However, Rostekhnadzor does not take into account the fact that the violations identified by inspectors do not relate to the technical condition of hazardous production facilities, and this is due to the untimely provision of some documentation that does not pose a direct and substantial threat to protected public relations.

If we take into account that the organization is a subject of small and medium-sized businesses, the offense is committed for the first time, there are no negative consequences and threats to society from the offense, then, according to the provisions of Article 2.9 of the Code of Administrative Offenses of the Russian Federation, the offense can be considered insignificant. In this case, the judge, body, official authorized to decide the case of an administrative offense may relieve the person who committed the administrative offense from administrative responsibility and limit himself to verbal remarks.

But, based on the practice of inspections by Rostekhnadzor authorities, as a rule, decisions are made in the case of an administrative offense and fines are imposed.

In this case, the decision can be appealed to the Arbitration Court at the location of the organization in respect of which the decision was made by filing a statement of claim.

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And, as court practice already shows, claims are often satisfied. The court changes the decision on administrative violation, replacing the administrative punishment with a warning. Therefore, the resolution issued by Rostekhnadzor is not a sentence, it can be appealed, but it is best not to allow violations in the field of operation of public utilities and to submit the necessary documents to the regulatory authorities in time.

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