Problems of determining the threat of harm (damage) to legally protected values in the implementation of state fire supervision

The article is devoted to the legal problems of determining the threat of harm (damage) to legally protected values in the implementation of federal state fire supervision. Some federal laws were analyzed, as well as a number of resolutions of the Government of the Russian Federation, orders of federal state bodies, as well as current regulatory legal acts establishing the obligation of officials of the supervisory authorities of the Ministry of Emergency Situations of Russia to make decisions taking into account the presence (absence) of a threat of harm to human life and health; examples from judicial practice are given. The conducted research made it possible to identify problems in the practical implementation of the duties of officials of the supervisory authorities of the Ministry of Emergency Situations of Russia. The research methodology included the use of general scientific research methods (synthesis, analysis, generalization) and specialized methods (formal legal, comparative legal, etc.). As a result of the analysis, from a scientific and practical point of view, conclusions are formulated about the absence in the current legislation of a legal mechanism according to which the state inspector for fire supervision has the opportunity to justify by an expert opinion the presence (absence) of a threat to human life and health at a supervised facility in order to conduct an unscheduled control and formulate proposals.

Constitution of the Russian Federation, state control, EMERCOM of Russia, state fire supervision, fire safety, expert opinion, threat to the lives of citizens, threat of harm, legally protected values, an unscheduled control event