Appeal of the "StekloSoyuz" Association to the General Prosecutor's Office of the Russian Federation

01.12.2021
Appeal of the

Dear Colleagues!

We would like to inform you that the Association "StekloSoyuz" of Russia has sent an appeal to the General Prosecutor's Office of the Russian Federation.

We publish this appeal for review:

The Association "National United Union of Glass Industry Enterprises" StekloSoyuz "unites more than one hundred and fifty enterprises of this industry.

In July 2021, two Federal Laws came into force that are important for enterprises of the Russian Federation that have a negative impact on the environment: Federal Law No. 247-FZ of July 31, 2020 "On Mandatory Requirements in the Russian Federation" and Federal Law No. 248 -FZ of July 31, 2020 "On State Control (Supervision) and Municipal Control in the Russian Federation", according to which the controlling (supervisory) authorities will assess the conscientiousness of the controlled person and in clause 7. Article 23. of this Federal Law, a list of necessary information is given, taking into account which an assessment of the conscientiousness of the controlled person will be carried out when determining the risk criteria.

Among this list, as the lawyers explained to us, the main document that we must present to the controlling (supervisory) authorities when assessing the integrity is the certificate of the voluntary certification system, in accordance with clauses 5., Clause 7., Article 23., Since in Article 23. it is clearly stated that the assessment of the good faith of the controlled person is carried out taking into account voluntary certification, which confirms the increased necessary level of safety of legally protected values, i.e. enterprises should apply to an independent voluntary certification system, since according to No. 248-FZ, the certificate of this system is involved in assigning a risk category.

In accordance with Art. 48. Measures to stimulate the conscientiousness of the Federal Law No. 248-FZ as amended on 11.06.2021. it is written that when assessing the conscientiousness of controlled persons, the information specified in part 7 of article 23 of Federal Law No. 248-FZ of 07/31/2020 can be taken into account.

In connection with the above, please clarify which documents, according to No. 248-FZ, during the audit, the controlling (supervisory) authorities will consider confirming the integrity of the enterprise, as well as the fact that the enterprise has complied with preventive measures for NVOS, in accordance with Federal Law No. 248-FZ dated 31. 07.2020

Sincerely,

President of the Association "StekloSouz" Victor Osipov


To this appeal, the StekloSouz Association received a response from the Prosecutor General's Office of the Russian Federation:

- Reply of the General Prosecutor's Office of the Russian Federation (open) .

Press center "StekloSouz"

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