The Law on Special Evaluation of Working Conditions came into force on January 1, 2014. The last changes were made on July 19, 2018. In the article you will find its current version, as well as comments on the application and penalties for not conducting the SOUT.
Read our article:
What does the Federal Law on Special Evaluation of Working Conditions Establish?
The Federal Law on SOUT was adopted to replace the order of the Ministry of Health and Social Development of Russia No. 342n, which regulates the certification of workplaces, in order to bring the special assessment procedure in accordance with the regulatory legal acts of the Russian Federation.
Find the sample document on labor protection you need in the Reference system "Labor protection". Experts have already compiled 2506 templates!
The law streamlines the process of interaction between the employer, the employer and the employee, establishes the responsibility of each party to the contract for the provision of services for the conduct of the SAUT and each party to labor relations.
Until December 31, 2018, all employers must fulfill their obligation to conduct a special assessment of working conditions. Reports on the approval of its results should be signed no later than December 31, 2018.
Do not miss!
In an article prepared by the editors of the magazine, 8 main questions that arise for everyone who undertakes a special assessment. Answering them will help you save on the procedure, choose a reliable contractor and avoid fines. Find out If you have already completed a special assessment, check.
Not later than January 29-30, 2019, it is necessary to place a summary sheet on the external website of the enterprise, sign the SOUT cards with each employee, and also fill out sheets of familiarization with the declarations.
The order to assign or cancel benefits must be issued no later than the date of approval of the report - December 31, 2018, respectively, the actual cancellation of the payment of benefits should occur only after 2 months - February 28, 2019.
SOUT has already been carried out in organizations where there are jobs with harmful and dangerous UT, including those giving the right to an early insurance pension. The list of such jobs is specified in paragraph 6 of Article 10 of the Federal Law on the special assessment of working conditions.
The law establishes the requirements for the expert organization and the employer for the conduct of the SATS. It outlines how the commission should be created, who should be its members, and how it is the most difficult and expensive stage. It also explains the procedure for applying the results of a special assessment, processing and filing a declaration of working conditions.
The final provisions establish responsibility for the implementation of state supervision of compliance with regulatory requirements:
- state supervision is carried out by the federal executive body, authorized to do so, and its territorial departments;
- trade union control is carried out by labor inspectorates of the relevant trade unions in the manner prescribed by the legislation of the Russian Federation.
426-FZ on a special assessment of working conditions with changes
The Federal Law entered into force on January 1, 2014. Since then, it has gone through the amendment process four times. The last changes took place in July 2018.
Recent changes to the Federal Law on special assessment of working conditions
Amendments made by federal laws:
The changes, which came into force in 2016 and applied in 2017, allow each employee to directly influence the assessment of their jobs, make written proposals, declare HSPF that have an impact on health. The employer, in turn, is obliged to transfer all written proposals to the expert organization.
Identification should not be carried out in relation to those jobs that are included in list 1 and list 2 of the All-Union Central Council of Trade Unions, which gives the right to receive an early pension to those working in harmful and dangerous conditions.
The declaration of conformity with the SOUT may be invalidated if, during the inspection of the GIT, violations of the rights of employees during this procedure are established.
No no need. An order should be made to change the composition of the current commission and introduce a new chairman. There are no grounds for conducting an unscheduled procedure, since the change of the chairman of the commission is not named among the grounds in article 17 of this Federal Law.
What to do if after the SOUT the driver moved to a new car?
Within 12 months from the date of issuance of the order to assign the vehicle to this driver, an unscheduled SOUT should be carried out. It is better to do it early so as not to be late and not get a fine.
If the brand of the vehicle is indicated in the SOUT card or, when identifying the VPPF, the driver worked on a vehicle of a different model, or a modification of the car, with other attachments, a different model year or year of manufacture of the vehicle, other technical and technological characteristics, then there is no reason not to carry out unscheduled SOUT.
2) the receipt by the employer of an order from the state labor inspector to conduct an unscheduled special assessment of working conditions in connection with violations of the requirements of this Federal Law or state regulatory requirements for protection identified in the course of federal state supervision of compliance with labor laws and other regulatory legal acts containing labor law norms labor contained in federal laws and other regulatory legal acts of the Russian Federation;
3) change in the technological process, replacement of production equipment that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
4) change in the composition of the materials used and (or) raw materials that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
5) change in the means of individual and collective protection used, which can affect the level of exposure to harmful and (or) hazardous production factors on workers;
6) an industrial accident that occurred at the workplace (with the exception of an industrial accident that occurred due to the fault of third parties) or an identified occupational disease, the causes of which were the exposure of the employee to harmful and (or) dangerous production factors;
7) availability of motivated proposals from elected bodies of primary trade union organizations or other representative body of employees to conduct an unscheduled special assessment of working conditions.
2. An unscheduled special assessment of working conditions is carried out at the respective workplaces within twelve months from the date of occurrence of the cases specified in clauses 1 and 3 of part 1 of this article, and within six months from the date of occurrence of the cases specified in clauses 2, - 7 of part 1 of this article.
3. In the event of a change in the name, surname or patronymic (if any) of the employer - an individual entrepreneur, reorganization of the employer - a legal entity or a change in the name of the workplace, which did not entail the occurrence of grounds for an unscheduled special assessment of working conditions provided for in paragraphs 3 - and 7 part 1 of this article, an unscheduled special assessment of working conditions may not be carried out. The decision not to conduct an unscheduled special assessment of working conditions must be made by the commission.
4. In the event of an unscheduled special assessment of working conditions provided for in clause 2 of part 1 of this article, for the period prior to the approval of the report on its conduct, the situation of employees employed at workplaces in respect of which an unscheduled special assessment of working conditions is being carried out is not allowed, in part guarantees and compensations provided to them for work with harmful and (or) dangerous working conditions in comparison with their position before a special assessment of working conditions, the results of which were obtained with violations of the requirements of this Federal Law.
Judicial practice under article 17 of the Federal Law of December 28, 2013 No. 426-FZ
Decision No. 21-368/2018 dated August 8, 2018 in case No. 21-368/2018
Decision No. 7/2-593/2018 dated August 7, 2018 in case No. 7/2-593/2018
Supreme Court of the Republic of Sakha (Yakutia) (Republic of Sakha (Yakutia)) - Administrative offenses
Evaluation of working conditions”, the employer is obliged to ensure the conduct of a special assessment of working conditions, including an unscheduled special assessment of working conditions, in cases established by Part 1 of Article 17 of this Federal Law. Paragraph 6 of Part 1 of Art. 17 of the said Federal Law establishes that an unscheduled special assessment of working conditions should be carried out in the event of an incident at the workplace ...
Decision No. 21-369/2018 dated August 6, 2018 in case No. 21-369/2018
Tyumen regional court (Tyumen region) - Administrative offenses
The workplace of the concrete worker in the separate subdivision "Tobolsk" was organized and put into operation on May 01, 2017, and since, by virtue of clause 1, part 1, art. 17 of Federal Law No. 426-FZ "On a special assessment of working conditions", an unscheduled special assessment of working conditions is carried out at newly organized workplaces within twelve months from the date of entry ...
Decision No. 2-1960/2018 2-1960/2018~M-1726/2018 M-1726/2018 dated July 30, 2018 in case No. 2-1960/2018
Ukhta City Court (Komi Republic) - Civil and administrative
Less than once every five years (part 4 of article 8 of the Federal Law No. 426-FZ). Cases in which an unscheduled special assessment of working conditions is carried out are provided for in Art. 17 FZ No. 426-FZ. So, in particular, an unscheduled special assessment of working conditions should be carried out in the presence of motivated proposals from elected bodies of primary trade union organizations or another representative body of workers ...
Decision No. 21-1005/2018 dated July 26, 2018 in case No. 21-1005/2018
Not established by this Federal Law. The specified period is calculated from the date of approval of the report on the special assessment of working conditions. Within the meaning of par. 6 h. 1 tbsp. 17 of the same Federal Law of December 28, 2013 N 426-FZ, the basis for an unscheduled special assessment of working conditions is an accident at the workplace ...
Decision No. 21-1004/2018 dated July 26, 2018 in case No. 21-1004/2018
Samara Regional Court (Samara Region) - Administrative Offenses
The federal executive body of standards (hygienic standards) of working conditions and the use of means of individual and collective protection of workers. In accordance with paragraph. 6 h.1 Article. 17 of the Federal Law of December 28, 2013 N 426-FZ "On a special assessment of working conditions" established that the basis for an unscheduled special assessment of working conditions is an accident that occurred on ...
Resolution No. 4A-161/2018 dated July 23, 2018 in case No. 4A-161/2018
Supreme Court of the Republic of Khakassia (Republic of Khakassia) - Administrative offenses
To the employment contract or a separate agreement of the parties, concluded in writing, which are an integral part of the employment contract. In accordance with paragraph 1 of part 1 of Art. 17 of the Federal Law of December 28, 2013 No. 426-FZ “On a special assessment of working conditions”, an unscheduled special assessment of working conditions should be carried out in case of commissioning again ...
Which organizations should not conduct a special assessment, and for whom is it mandatory in 2017? For the latter, we offer instructions and a simple algorithm of actions.
From the article you will learn:
How a special assessment of working conditions is carried out: Law 426-FZ
Federal Law "On the Special Assessment of Working Conditions" dated December 28, 2013 No. 426-FZ, hereinafter - Law No. 426 is the main document that regulates and establishes the obligation of employers to conduct assessment activities.
The obligation to conduct a special assessment of working conditions (hereinafter - SOUT, special assessment) is established and applies to all employers. It must be carried out at any workplace, for any position, specialty and profession. There are no exceptions for small businesses or individual entrepreneurs. The only deviation from the general rules is not carried out by employers - individuals who are not registered as individual entrepreneurs.
Download related documents:
But at the same time, the Federal Law on the special assessment of working conditions 426-FZ names the categories of workers in respect of which the SOUT is not carried out. Exceptions to the general rule are:
All these exceptions are provided for in paragraph 3 of Article 3 of Law No. 426-FZ.
Reference. The procedure for conducting a special assessment is regulated by the Federal Law of December 28, 2013 No. 426-FZ “On the Special Assessment of Working Conditions”. This document defines both the procedure itself and the rights and obligations of employers.
Deadlines for special assessments
The Law on the Special Evaluation of Working Conditions establishes deadlines for the conduct of measures for the SUT. As a general rule, a special assessment is carried out once every five years. But there are nuances in this matter. So, for example, in relation to newly created and put into operation jobs, it is necessary to carry out within 12 months.
Pay attention! Previously, until May 1, 2016, this period was only six months. But now the time period for carrying out activities for the special assessment of new jobs has been increased to one year.
Also, Article 17 of the Federal Law on a special assessment of working conditions provides for other conditions for conducting an unscheduled SOUT. These include:
the situation when the GIT inspector ordered to carry out the procedure;
change in technological working conditions. This includes the re-equipment of the workplace or the change in raw materials, that is, factors that may affect the degree of harmfulness;
motivated proposal of the trade union.
In all these situations, the SADT is also carried out for six months. For these situations, the period for conducting a special assessment has not been extended.
If the organization still has valid results of workplace certification, the SOUT will need to be carried out after the expiration of their validity. But in any case, since the Federal Law on special assessment of working conditions applies from January 1, 2014, by the end of 2018, all organizations will have to undergo a special assessment, since the results of the previously conducted certification of workplaces will already end.
Algorithm of actions during a special assessment
So, when the grounds for conducting the SOUT have come in the organization, it is necessary to take several sequential actions to carry out these activities.
Step 1.
We choose a specialized company that performs this type of work. The main thing in this situation is to check that the organization has accreditation from the Ministry of Labor of Russia. To do this, you need to go to the official website of the Ministry of Labor of Russia, it contains all organizations that have the appropriate accreditation.
It is advisable at this stage to compare prices and collect reviews of suitable companies.
Step 2
After you decide on the company that will conduct the SOUT, you need to move on to organizational issues.
Form report
The form of the report on the special assessment of working conditions and instructions for filling it out are given in the order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n.
Harmful and dangerous working conditions
Employees whose working conditions, according to the results of the special assessment, are classified as class 3 and 4, are also entitled to additional payments and benefits. Their size and composition depends not only on the class, but also on the subclass into which class 3 is subdivided.
When the position, profession or specialty of an employee is not included in the lists of professions recognized by law and dangerous, he must not perform labor duties at a workplace where working conditions are recognized as dangerous. In this case, the employee must immediately stop working, and the workplace itself must be canceled.
Law No. 426 expressly prohibits the continuation of work in and the employer in case of violation of this prohibition faces criminal liability. Exceptional situations in which it is possible to continue working at such a workplace include accidents and disasters. That is, such cases when the consequences of failure to prevent damage can be more serious than the worker's activity in conditions recognized as dangerous.
Employees working in harmful and dangerous working conditions are supposed to:
- additional payment of at least 4% of the salary or tariff rate;
- delivery of milk;
- annual - at least seven calendar days (except for subclass 3.1);
- reduced hours of work - no more than 36 hours per week (except for subclasses 3.1 and 3.2);
- at work with especially harmful working conditions, workers are provided with therapeutic and preventive nutrition free of charge.
Responsibility for not conducting a special assessment
Employers need to be careful about their obligation to conduct SOUT. The fact is that for violation of the rules for conducting a special assessment of working conditions, a separate administrative responsibility is provided.
In accordance with paragraph 2 of article 5.27.1 of the Code of Administrative Offenses of the Russian Federation for this offense, the organization faces a fine in the amount of 60,000 to 80,000 rubles. An entrepreneur can be fined from 5,000 to 10,000 rubles. An official of an organization may also be held administratively liable in the form of a warning or a fine in the amount of 5,000 to 10,000 rubles.
Below we will understand how a special assessment of working conditions is carried out according to the law 426 FZ, we will consider the procedure for conducting a special assessment of working conditions, what are the terms for conducting a special assessment of working conditions, who and with what frequency should be engaged in a special assessment.
See the official document here:
The methodology for conducting special assessment of working conditions:
From January 1, 2014, in accordance with Federal Law 426, a procedure for a special assessment of working conditions (SOUT) appeared, which replaced the event for attestation of workplaces. According to SOUT, there is a significant reduction in the costs of various procedures. Namely, in many workplaces, various instrumental measurements are not required at all.
So, working conditions are determined by a special assessment of working conditions.
BRIEFLY ABOUT SOUT
I Identify hazards
What does Federal Law 426 FZ define on a special assessment of working conditions? Imagine that you are at work. Ask yourself if you can determine the presence of harmful and dangerous factors that will affect you? So…
A special assessment of the working conditions of the SOUT is a set of sequential measures to identify:
1. Harmful production factors;
2. Hazardous production factors;
3. The severity of labor;
4. Labor intensity.
What is a harmful production factor?
- this is the factor that can lead to both an acute illness during one shift, and a long-term occupational illness in the course of daily work. Most often in the workplace this is a decrease in hearing acuity (hearing loss).
What is a hazardous production factor?
- this is the factor that can lead directly to injury. For example, rotating parts of an electrical installation can harm a worker.
What is hard work?
- this is how long a person sits in the same type of position, how much he walks, bends over, how much he carries the load.
What is labor intensity?
- this is the adoption of managerial decisions, the reading of information. For example, a turner who works on a machine “catches” a measurement so that the product matches the drawing.
II We determine the impact of identified hazards on the employee
So, we have the factors, and we have identified them. All these factors can lead to deterioration of your health or not? Well, for example, I'm sitting in the car and soft music is playing on the radio. It is clear that this will not lead to hearing loss. But if I turn up the volume well and listen to the receiver every day for 8 hours a day, then it is clear that there will be a hearing impairment, i.e. health will deteriorate.
Therefore, we must determine the impact of the identified factors on the employee.
III We provide means of individual and collective protection if there is an excess of the maximum permissible levels of concentration of all identified factors.
Everything is clear here. In case of exceeding the levels of hazardous factors, the employer is obliged to provide employees with PPE and collective protective equipment.
IV Answers to frequently asked questions
Who conducts SOUT?
The work is carried out by a commission that is at the enterprise with the invitation of experts from a specialized organization that has the permission of the Ministry of Labor and Social Development.
How are the results of the SOUT presented?
Based on the results of the SOUT, a conclusion will be issued on what the working conditions are at the workplace.
How many classes of working conditions are there?
There are 4 classes of working conditions:
1st class "Optimal"- there are no harmful factors in the workplace. There is no risk of occupational disease.
Grade 2 "Permissible"- there are harmful factors, but they are within acceptable values. The worker came home tired, but after he rested and slept, the next morning he feels good and fully recovered. There is no risk of occupational diseases.
Grade 3 "Harmful working conditions"
Harmful working conditions are further subdivided into four subclasses.
Grade 4 "Hazardous working conditions"
What benefits, according to the Labor Code of the Russian Federation, does an employee receive if his working conditions are classified as classes 3 and 4?
It is important to note that if the work falls under class 1 and 2, then the employee is not entitled to any benefits, guarantees and compensation. But for grades 3 and 4, according to the Labor Code of the Russian Federation, the employee is entitled to the following benefits:
- Art. 92 of the Labor Code of the Russian Federation "Reduction of working hours". Workers working in hazardous working conditions with classes 3.3; 3.4 and 4 class have a reduced working time of no more than 36 hours per week.
- Art. 117 of the Labor Code of the Russian Federation "Annual paid leave" Employees working in hazardous working conditions with classes 3.2; 3.3; 3.4 and 4 have an additional paid vacation in the amount of at least 7 calendar days. Anything over 7 calendar days, the employee has the right to take monetary compensation.
- Art. 147 of the Labor Code of the Russian Federation “Remuneration for Workers Employed in Harmful and Dangerous Working Conditions” For such workers, wages are accrued and paid in an increased amount, at least 4% of the established salary or tariff.
All these conditions must be contained in the employment contract.
When all these classes are established, the employer is obliged to acquaint you with the results of a special assessment of working conditions within 1 month after the approval of the report. The employee must sign the familiarization.
Conclusions: Working conditions are determined by a special assessment of working conditions. They are needed in order to identify harmful and dangerous factors in the workplace so that the employer can determine what guarantees and compensation the employee is entitled to. And these working conditions must be specified in the employment contract.
DETAILS ABOUT SOUT
Today, it is not necessary to certify workplaces (RM). Instead, a special assessment of working conditions (SUT) is organized everywhere. The change was needed to:
√ Reduce the costs of business entities. If before the introduction of a special assessment for workers whose UT was subject to List 1 or 2, employers paid 6-9% in the Pension Fund, now the value of the additional tariff calculated for the company based on the results of the SOUT is 2-7%. In addition, declaring a RM with valid UTs avoids repeated SUTs and related costs.
√ Provide economic incentives to business owners to improve UT. When a newly conducted special assessment of working conditions under Law 426 FZ shows that the negative manifestations of the contact of workers with OPF and VPF are completely excluded by the protection applied, then the additional tariff for them is 0% (you do not have to pay extra at all). Therefore, the owners' thoughts about what is more profitable: to pay some additional interest in the Pension Fund for the unresolved effect of adverse factors or to modernize production should remain in the past. The scheme turns out one: less bad influence on workers - you pay less.
√ and monitoring the state of working conditions (UT) in companies of any profile.
Who should organize the SOUT?
426 of the Federal Law "On a special assessment of working conditions" explains that this procedure is necessary for all RMs that exist in the country. Exception - RM:
√ which homeworkers have organized for themselves;
√ workers who perform their tasks remotely;
√ workers employed by individuals (for example, gardeners, cooks, nannies of private households).
A special assessment of the working conditions of the SOUT is organized exclusively for those RMs where someone is already working. When the RM is vacant, SOUT is not organized for him. Employers who ignore the need for SOUT are fined under Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation.
What are the terms for conducting a special assessment of working conditions?
What are the terms for conducting a special assessment of working conditions depends on:
√ at what time it is organized;
√ what happened earlier on these RMs;
√ what UT are on them now.
1. Companies with certified RMs, the results for which are still valid, are allowed to organize a SOUT for the first time after the end of the period prescribed in the documents. However, if you wish, it is not necessary to wait for this date: you can organize a special assessment earlier.
2. 426 of the Federal Law "On a special assessment of working conditions" prescribes to repeat the SOUT procedure every 5 years.
3. In the case when the UT on the RM turned out to be acceptable, a declaration is submitted to the GIT, in which it is written that the UT meets the labor protection state requirements. In the classic case, it is valid for 5 years. If during this period everything remains the same in terms of UT in the Republic of Moldova, NC and PZ did not occur, then the declaration is extended for a similar period.
4. Law 426 FZ prescribes a special assessment of working conditions to be organized unscheduled if:
NS, PZ were fixed (SOUT is carried out for the "spent" RM);
the newly created RMs began to operate;
the technical process has changed, retooling has been carried out, there have been other changes that change the positioning and characteristics of unfavorable factors.
Upon the occurrence of the above events within 180 days from the moment they were recorded, it is necessary to organize a special assessment of working conditions (SAUT). When changing circumstances require an unscheduled SOUT, the results of the previous one are canceled ahead of schedule.
The procedure for conducting a special assessment of working conditions
The approximate procedure for conducting a special assessment of working conditions recommends the following sequence of actions:
1. Preparation of cooperation. The employer organizes and finances a special assessment of working conditions (SUT). He concludes a GPA with her. To make it easier for interested parties to find the right specialists, there is a special register. All of them apply the methodology approved by Order 33n for conducting a special assessment of working conditions.
2. Preparations. A local regulatory document is issued on the formation of a special assessment commission, which:
Involves representatives from workers (for example, trade union workers), representatives of the labor protection service, other persons;
consists of an odd number of employees of the enterprise, which passes the SOUT;
headed by the employer personally or by a person appointed by him (for example, an executive director).
Before the start of work, a list of RMs that need SOUT is drawn up. It is important to determine which of them can be classified as similar. 426 of the Federal Law "On a special assessment of working conditions" allows SOUT to be carried out only for 20% of such RM, and the final conclusions can be extended to the remaining 80%. For example, if a company has 100 similar PMs, it is possible to carry out (and pay for) SATS only for 20 of them. It makes good savings. The minimum number of RMs that are worked out according to this principle is 2. For example, if only 5 RMs are recognized as similar, SOUT is carried out for any 2 of these 5.
According to 426 FZ "On a special assessment of working conditions", such are the RM:
Equipped with identical devices for work, protection of workers, similar ventilation systems;
designed to process the same source materials;
placed in type spaces;
requiring the involvement of workers, professions, work regimes, PPE which are identical.
3. Definition of OPF and VPF causing harm to workers. At this stage, experts from a special organization come into play. Guided by the 33n-method of conducting a special assessment of working conditions, they find out whether the detected factors are indicated in the special classifiers. The results are reviewed and approved by the commission. If no matches are found, the UTs are valid. This means that further measurements are not necessary. For such RM, a declaration is submitted to the GIT. If matches are found, specialized specialists proceed to measurements.
4. Measurements. They are organized in the sequence set out in the 33n-method for conducting a special assessment of working conditions. All measurements are documented. Each of the factors requires a separate protocol. Later, UT on RM are classified according to the characteristics of a combination of factors.
For the Republic of Moldova, within which a situation has developed that makes it impossible for the measurement specialists to access, the procedure for conducting a special assessment of working conditions prescribes classifying the UT as dangerous. This is recorded in a special protocol. A copy of it is sent to the GIT no later than 10 days after signing the original. This is done even when the special assessment of the entire list of PMs has not yet been completed.
5. Processing of results. The final report contains information from:
Certificates, permits of an expert organization confirming its right and ability to engage in SOUT, including in companies of a certain profile;
summary sheet of special assessment;
conclusions of the involved specialists;
working documentation of the commission, specialists, experts (maps, measurement protocols and those in which the decision to identify RM as dangerous (if any) is prescribed);
a list of developed RMs (including similar ones);
labor protection measures developed for the RM selected for the special assessment.
6. Familiarization. After the final report has been signed by all authorized persons, the employer:
introduces working people with information relating to them on the conducted special assessment;
publishes summary information about the conducted SOUT on its own Internet resource.
He has 30 days to do so.
7. Entering the results into the register. The information received in the course of the SUT is entered into the special system of state accounting by the experts of the involved organization. From the moment the final document on the SUT is put into effect, they are given 10 days for this.
So, we figured out how the law 426 FZ and the methodology for conducting a special assessment of working conditions approved by order 33n are applied for a special assessment of working conditions, what are the deadlines for conducting a special assessment of working conditions, considered the procedure for conducting it and understood on which RM it needs to be organized, and on which are not.
You can download 426 Federal Laws and the methodology for conducting SOUT from the links posted at the beginning of the article. (8
ratings, average: 4,38
out of 5)
current
The next in the list of normative legal acts regulating the issues of special assessment of working conditions is the commented Law. It entered into force on January 1, 2014 (with the exception of) and is aimed at the comprehensive regulation of legal relations, the range of which is outlined in the commented Law. This regulatory legal act is the basic one, it contains the main legislative definitions of many concepts, specifies the formulations of the Russian Federation regarding the rights and obligations of the employee and the employer in the field of special assessment of working conditions, regulates the activities of organizations conducting this assessment, etc.
Undoubtedly, the special role of the commented Law is also confirmed by the commented article, which provides that the norms of other legal acts adopted in this area must comply with the provisions of the Russian Federation and the commented Law. This is a fairly traditional approach implemented by the legislator in all relatively narrow areas of legal regulation. The basic law is always endowed with a higher legal force than other laws (although formally there are no convincing grounds for this, but there are reasons of a legal and technical nature). In the event of a discrepancy found, the law enforcer should be guided by a legal act of greater legal force. With regard to courts, such an obligation is expressly provided for in Resolution No. 8 of the Plenum of the Supreme Court of the Russian Federation dated October 31, 1995 "On Certain Issues of the Application by the Courts of the Constitution of the Russian Federation in the Administration of Justice."
2. Other legal sources containing norms on the special assessment of working conditions may be federal laws and other normative acts of the Russian Federation, which are understood as decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, normative legal acts of federal executive bodies.
The publication by the President of the Russian Federation of decrees, as well as orders, is provided for by the Constitution of the Russian Federation. According to this article, decrees and orders of the President of the Russian Federation are mandatory for execution throughout Russia. The same article establishes that decrees and orders of the President of the Russian Federation should not contradict the Constitution of the Russian Federation and federal laws. It should be added to this that only those decrees of the President of the Russian Federation that are of a normative nature are normative legal acts.
The Government of the Russian Federation, as established in the Constitution of the Russian Federation, on the basis of and in pursuance of the Constitution of the Russian Federation, federal laws, regulatory decrees of the President of the Russian Federation, issues resolutions and orders, and ensures their implementation. of this article, it is established that the resolutions and orders of the Government of the Russian Federation are binding in Russia. Decrees and orders of the Government of the Russian Federation in case of their conflict with the Constitution of the Russian Federation, federal laws and decrees of the President of the Russian Federation in accordance with this article may be canceled by the President of the Russian Federation. Acts of a normative nature are issued in the form of resolutions of the Government of the Russian Federation; acts on operational and other current issues that do not have a regulatory nature are issued in the form of orders of the Government of the Russian Federation.
Normative legal acts of federal executive bodies are issued on the basis of and in pursuance of federal constitutional laws, federal laws, decrees and orders of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation, as well as on the initiative of federal executive bodies within their competence.
According to Art. 2 of the Vienna Convention on the Law of Treaties (May 23, 1969), a treaty is an international agreement concluded between states in writing and governed by international law, regardless of whether such an agreement is contained in one document, in two or more interconnected documents, as well as regardless of its specific name. A similar wording is used by the domestic legislator: according to Art. 2 of the Federal Law of July 15, 1995 N 101-FZ "On International Treaties of the Russian Federation" the term "international treaty of the Russian Federation" means an international agreement concluded by the Russian Federation with a foreign state (or states), with an international organization or with another entity, having the right to conclude international treaties, in writing and governed by international law, regardless of whether such an agreement is contained in one document or in several related documents, and also regardless of its specific name.
As follows from the Decree of the Plenum of the Supreme Court of the Russian Federation of October 10, 2003 N 5 "On the application by courts of general jurisdiction of generally recognized principles and norms of international law and international treaties of the Russian Federation", when considering civil, criminal or administrative cases, such an international treaty of the Russian Federation is directly applied, which entered into force and became mandatory for the Russian Federation, and whose provisions do not require the issuance of domestic acts for their application and are capable of generating rights and obligations for subjects of national law. The courts, as stated in this decision, must proceed from the fact that an international treaty enters into force in the manner and on the date provided for in the treaty itself or agreed between the states participating in the negotiations. In the absence of such a provision or agreement, the treaty enters into force as soon as the consent of all the states participating in the negotiations to be bound by the treaty is expressed (the rule of article 24 of the Vienna Convention on the Law of Treaties).
