The procedure for the development and approval of subordinate regulatory legal acts on labor protection. Occupational Safety and Health

OCCUPATIONAL SAFETY AND HEALTH
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The procedure for the development and approval of subordinate regulatory legal acts on labor protection. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

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Article 211 of the Labor Code "State regulatory requirements for labor protection" states that the procedure for the development and approval of by-laws normative legal acts containing state regulatory requirements for labor protection, is established by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

In addition, the procedure for the development and approval of by-laws on labor protection is determined by the documents of the relevant federal government bodies, including the Government of the Russian Federation, which is responsible for the preparation and approval of the relevant by-laws.

The Federal Law "On Technical Regulation" required a fundamental change in the entire existing order, introduced a new type of regulatory documents "technical regulations", only in which it is possible to state MANDATORY REQUIREMENTS in the field of technical regulation, and allowed the adoption of technical regulations by federal laws, international treaties and two by-laws : decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation.

However, since the procedure established by this law will finally come only from July 1, 2010, in the current (transitional) period, all previously adopted (before July 1, 2003) regulatory documents continue to operate.

Sub-legislative normative legal acts are issued by the federal executive authorities in the form resolutions, orders, orders, rules, instructions and regulations.

Publication of normative legal acts in the form of letters and telegrams is not allowed

We emphasize that structural subdivisions and territorial bodies of federal executive bodies are not entitled to issue by-laws.

A by-law normative legal act may be issued jointly by several federal executive bodies or by one of them in agreement with others.

State registration of normative legal acts is carried out by the Ministry of Justice of the Russian Federation, which maintains the State Register of normative legal acts of federal executive bodies.

Authors: Fainburg G.Z., Ovsyankin A.D., Potemkin V.I.

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