LEGITIMACY OF THE TECHNICAL REGULATIONS ON FIRE SAFETY REQUIREMENTS AND OTHER NORMATIVE DOCUMENTS IN THE FIELD OF FIRE SAFETY

The relevance of a specific theme considering the effect of new normative legal acts and normative documents in the field of fire safety is becoming apparent. There are dismantled articles of the Federal law No. 123 Technical regulations on fire safety requirements and comparison with other applicable regulatory legal acts on enforcement on the objects of protection. There are installed significant contradictions between separate articles of the Technical regulations on fire safety requirements, Civil Code of the Russian Federation and the Constitution of the Russian Federation. Brief analysis of the interview of the Director of the Department for Supervision Activity of the Russian Federation of Emercom of Russia Yu. I. Deshevykh of 5 November 2013 was made. Recommendations for the representatives of the objects of protection in situations when the inspector of the fire control wrongfully requires the fulfillment of certain requirements of normative legal acts and normative documents in the field of fire safety were elaborated. The following issues were raised:
obscurity and senselessness of article 151 of the Technical regulations on fire safety requirements, as if the requirements of other standards duplicate, understate or overstate the provisions of the Technical regulations on fire safety requirements, then this article is for these standards do not apply;
the ambiguity of some articles of our Federal laws: one law says that the requirements should be only written in the Technical regulations on fire safety requirements, and the Technical regulations says that you should fulfill all other requirements, if they do not contradict him (Technical regulations);
again, the ambiguity some articles Federal laws: the Constitution of the Russian Federation no one can be held responsible for an act which at the time of its Commission was not recognized offence,but under article 151 of the Technical regulations on fire safety requirements such an act can be set as a violation.