"REVERSIONARY RIGHT" a PLUS a SYSTEM of FORWARD(STRAIGHT) DEMOCRACY
AS a CLUE To ACTIVE SOCIAL PROGRESSING
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Борис МИНИН, chief of Federal Center of certification, president of International Academy of public progressing, д.э.н., к.т.н., academician of International Academy of informatization |
If to eliminate all proprietary and passing features of progressing of human community (national, climatic, geographic...), for our civilization it is possible to call only units communal for all or nearly so for all countries, peoples of the factors as a whole defining social progress and consequently requiring special attention from the point of view of their performance, requiring the special of attention. Among these factors, perhaps, maiden it is necessary to call a system of supply of the law order and state structure.
THE REVERSIONARY RIGHT
It is considered, that the principles of our legal system close correspond(meet) to principles of "Roman LAw" steadied more of two thousand of years back. The adding up system of the rules of law, founded on these principles, actuates huge, precisely not taken into account(discounted), quantity of the rules of law, acts, laws, since the Corpus Юстиниана (533) - already then his(its) volume compounded about 120 printed sheets. Such volume of the legal acts bodily is conditioned by the essence of the given system ("Roman Law").
According to principles of "Roman LAw", the legal proceedings actuates following in bridge and sequentially conducted procedures: персонификация of particular act - installation of the person of the offender, criminal; identifying of an offence by confrontation (up to the character) with a particular rule of law and through it(her) fixing a sentence.
The studies demonstrate, that all set(combination) of these procedures - is possible to say, as a whole concept of "Roman LAw" - requires now noticeable updating(adjusting).
The significant amount of lacks was lately exhibited, which one with an evidence speak that they will not manage to be neutralized neither polishing, nor repair of separate members of an adding up system.
MAJOR OF THESE LACKS is conditioned by the main(basic) principle used "Roman Law", - necessity of installation of exact concurrence(coincidence) of the specification statement of an offence with this or that norm(standard). From here and huge volume of the statutory acts, rules from here essential overstressing of channels of the legal information, overload of the workers of law enforcement bodies, protraction of legal proceedings for months and even years, and in a number(series) of cases - ненаказуемость obviously guilty because of absence of indispensable legislative base - т. е. As a whole ineffectiveness of legal proceedings.
Further. Outcome of legal proceedings on status quo is the fixing a sentence. More often by deprivation of liberty. As far as it is known, the places of confinement are the present school of crimes and field of humiliating existence superimposing an infamous and indelible spot on all life. It is possible, certainly to speak about necessity of perfecting of legal proceedings within the framework of the existing concept: about increase of number of the lawyers, about perfecting methods of their activity, about meliorating of a household activities and customs concluded... However it is possible to deliver and problem on shift of the concept.
WE SHALL TRY TO OFFER the NEW CONCEPT, founded on the ancient laws кармы, on the laws of a human hostel establishing(setting) a simple principle of indemnification of any damage. Certainly, as well as воздаяния for any positive take of a transactions and creativity. But about it not here.
The concept of new legal system, founded on this principle, guesses the much new order of legal proceedings, namely: the installation of the subject (subjects) of an offence is saved персонификация of particular act -, but thus is with installation of a fraction of fault (contribution) of each subject; the identifying of an offence but thus from the point of view of an output(exit) for legal space (that by company, law is authorized, on what the right) is given; then definition of full damage marked to other subject (subjects) - of damage physical, material, economical, social, moral... And definition about his(its) indemnification(compensation) (who, how much, during what time, what facilitiess...).
It is possible purely definitely to assert(approve), that of kinds(views) of damage and ways of his(its) definition (calculation) in hundreds, if not in thousand time it is less, than types of situations, in which one he arises. If while to eliminate "extreme" kinds(views) of felonies - assassination etc. (their unit of percents), all remaining criminal and practically all administrative violations is simple enough and are effectively encompassed by legal proceedings, founded on offered above principles.
But business, certainly, not only and not it is so much in legal proceedings, in legal actions by all infinite quantity of the large and small offences. The speech goes about the introducing of other, more simple gears of current practice of indemnification(compensation) of any plotted one another damage. An example - damaging людам from a pollution of the environment. It is impossible, abnormally to expect from muscovites of 10 millions claims to contaminants. Should be adjusted the gear of regular exception of all sums of damage to authorities of districts, microdistricts, locales for the benefit of undergoing a disaster(distress) - part to reimburse personally, part - by the way of socially significant programs: new лесонасаждений, kindergartens, asphalt roads and пр.
So, the problem on observance(holding) or violation(disturbance) of the acts is easier decided from a stand of definition and indemnification(compensation) of the marked damage at violation(disturbance) of any point, any rule of law.
But the liability for ineffective нормотворчество should be equally stipulated. The responsibility should be mutual.
The principle возмездности will allow to cool irrepressible aiming to take accountable posts(stations) radium obtaining of known profits - for these places guess also capability of volumetric miscalculations, and it is necessary to indemnify damage from them, probably, and not only them(him,it), but also their command (in fractions), their cognates and familiar, outside of doubt using the values from начальственного of a rule(situation,position) guilty.
SYSTEM of FORWARD(STRAIGHT) DEMOCRACY
All advantages of "reversionary right" can be used to the full only within the framework of so-called FORWARD(STRAIGHT) DEMOCRACY suspected a forward(straight) authority of the people - instead of democracy representation, indirect, while existing practically in all countries (in Russia - too). For only forward(straight) will can provide undistorted submission(representation) of judgement of the majority of the people at forming legal space (rights, permissions to do(make) that at that); at forming a state policy (internal and exterior); domestic policy of locales, cities, земств, staffs, republics...
It would be desirable to express hope, that eventually will be completed - purely, an aeon of existence of a political struggle, strife of crews, митинговых of looking ups of the truth as permanent assets of social progressing of mankind already comes to an end - long, многотысячелетняя. Noisy, but малоэффективный the expertise of this strife speaks that always (or as a rule) internal incentives of involvement in this strife - especially personal, and all links to concerns of company sound only during strife for an authority. After victory of any crew, any system all promised promising is overlooked(forgotten). It will be necessary to all of us to recognize, that the laws received worldwide, let in a different extent, but mirror only (or nearly so only) concerns of dominative minority without dependence from a slope(tilt) of a steadied political and social and economic system.
Are as though honest there were ideologists of revolutions, revolutions, but after undertaking planned these ideologists always should arrange, organize life "below", attracting to this device, including for administrative activity, mass of the hardware workers, - which one everyone suit in a measure of "old" of quality. So that in each large, small and smallest business which has hitted in dominative strata this индифферентная to " to the large true " mass arranges all in the concerns.
This order of concerns to dominates and in state systems as a whole, and in their parts - in each entity, in each association, in each unit, in the large and small group, and that this Brownian motion to turn into more or less unidirectional, in concerns those, at the expense of a transactions which one in general something human, social on the Earth goes, it is necessary to enter the right of all customers, i.e. all people, itself to determine the destiny.
So, the speech goes first of all about adjustment of the gear of a systematic consideration for the interests of company, citizens by their FORWARD(STRAIGHT) WILL.
Whether it is necessary to speak, what exactly the mass information is a major resource for achievement of such order? - As if to "further", there is no problem: modern information know-how such order to execute(come true) in forces. Further, after the masses will experience " taste of a blood ", will experience the force in true control of country, own destiny in large and small, the system will be doomed on eternal youth.
But the will is yet all and even not major. The speech can go and about the friend, where more broad comprehension " of forward(straight) democracy ", namely: about mandatory passing all нормотворчества, all clerical work through a screen of a rating of his(its) usefulness or harms from stands of concerns all (majority) of the members of company, about mandatory definition of public damage (and effect) from any project, any particular act, switching on нормотворческое, state and diverse, switching on and information work - with the applicable conclusions(injections) about material and diverse effect (encouraging or punishment).
“ the FORWARD(STRAIGHT) DEMOCRACY ” will allow to move forward by most quick(rapid) cardinal paths and thus начисто to shun even a hint on a capability of the charge in диктаторстве, in a violation of rights of the person etc. etc. __________________
Thus, progressing, variation of systems of the state structure - on the one hand and law order - with other strongly plexiform one another and should go in bridge with a continuum rating of performance of each made pitch for well-timed updating(adjusting) of a selected path.
Many forces and facilitiess for reorientation of communal inclinings, on переустановку of psychological reference points of all company, for waste-handling is required, to be exact - more simple is simple on sequential cancellation of a huge massive of the resisted rules of control, rules of coexisting with substitution them let, but already therefore extremely complex(difficult) for перепонимания by a new system of views and inclinings.
However other, cheaper paths of social progressing of mankind, seem, no.
THE LAW “ ABOUT PUBLIC PROGRESSING And INTELLECTUAL PROPERTY ”
Basically in a nem the requirements to the rules of submission(representation) and rating of public usefulness of the intellectual(intelligent) product directed on social upgrading (progressing) of a social production should be established.
In this case most acute is the selection of objective comprehensive yardsticks of public usefulness for well-timed detection высокозначимых for company of principally new technological and diverse achievements, which one, as demonstrates expertise especially require potent incentives for overcoming both economical, and psychological barriers. The outcomes of development of one of the most effective methods (R-method&) of rating(according to) of innovations are listed in table on the back. About possibility of using it(him) for science is see lower.
TO EFFECTIVE SCIENCE — an effectiveness CRITERION (exposure from the article)
So was received, that our civilization was formed on the prescriptions технократических, not humane, with is coarse материалистическими by antisocial priorities, with calculation on growth(increase) of quantity to the detriment of to quality (both goods, and people). These prescriptions have reduced in a lot of crisis phenomena — of the militarians, ecological, social..., it is possible to consider(count) many of which extreme, delivering the mankind to fatal feature and significant contribution to it was introduced by(with) science, maintaining, yes what to speak — itself formulating own forces this concept.
For company the science should always remain is simple by the object in this or that measure of expedient embedding of facilitiess — material, psychological, intellectual(intelligent), creative... Instead of is simple by arena of satisfaction of ambitions and resource of existence of this or that group of the citizens. Damage from incorrect, unnatural forming of yardsticks — certainly not only and not it is so much in an ineffectiveness of facilitiess, consumable by science, insignificant in comparison with a volume of all social production, which one should be by the object of constant steadfast attention of science, how much in irretrievability of losses from ineffective usage of a potential of the scientists. The problem is, that the company should have learned to use it(him) wholly.
The indefinitely complex(difficult) control circuits without the installation общественно of an oriented system of yardsticks — strangely enough, and today's, freshest, most state! — therefore we are indefinitely complex(difficult), that literally шарахаемся from an adequate rating of science, ourselves. — it is not necessary to dissemble, and at a state level all solutions on science go from submission(supply) of the science, from its(her) administrative, naturally, least productive part. Whether to her, this part to encourage a rating of efficiency!
Among a huge current(stream) of technical, technological, scientific, organizational and other novelties the overwhelming majority — small-sized or smallest, and is sometimes simple empty.
But there are also such, which one are capable considerably to change a status quo, down to occurrence(appearance) or denial of the whole branches, variation of life of the whole nations. The sum also has created them the person, and essence of that civilization, in which one we live. There is major for mankind a problem of recognition(identification) of principled novelties, a problem beforehand to see and correctly to evaluate their positive and negative properties and to make the forecast of maximum browsed(viewed) общественно-significant consequences from their implementation, first of all economical both social. And long-time, indirect — scientific - information. Such vehicle oriented first of all on not humanitarian fields(areas), us is designed(elaborated) since 1973-74 years. Fragmentary he will be realised with 1980-85 гг.
Core developed as of today of computational vehicle НОВОМЕТРИИ (metrology of innovations) is the registration creative, still speak: supergeneral, super-additive effect. Unfortunately (or fortunately) kinds(views) of effect, which one are a parameter(index) of simple growth(increase), and also that, fail to be formalized which one, to express quantitatively, these methods do not note.
In the set in market, alas, neither production, nor science have not joined yet. Constant лепет that the market all will decide — it is children's fairy tales. Even for simple, the organized market is good by all of the known goods by a today's image is obviously poor for supply of opened competition, for entitiess of conditions, which one wins really best, knowing how is active to apply both creativity, and science.
The economic-mathematical vehicle новометрии — it only impartial vehicle of a rating. However in itself knowledge of value of this or that novelty, this or that commodity will be absolutely useless, if on his(its) basis(fundamentals) it will be not possible to form effective economical gears of urging of public progress.
Without such reorientation instead of rapid motion military, диктуемой by class inconsistencies and national hatred, we, земляне, for a long time shall stick in a track of rapid motion other, not less exhausting — economical, the conditions will dictate to which one not less pernicious human defects: envy, competing in модности, петушиные of the game in престижность — and from here prolongation of intensive destruction of natural resources, human kindness, creative energy... — everything, at the expense of that lives and the mankind develops. Further it keep can not.
The designed method (R-method) is much more effective than other known methods of a rating of scientific achievements, any инноваций. It(he) also should, obviously be accepted for the basis(fundamentals).
PRACTICAL CAPABILITIES of EXISTING METHODS
The law on expertise should envelop conditions, nature and outcomes of a transactions more than 100 thousand experts, annually about 0,5 - 1 млн. The projects, innovations, the scale of problems of this law — about 1-3 % of an electronic field production, i.e. about 30-100 млрд is indirect. Rbl. annually (in the prices of 1998). The main(basic) purposes of creation of the novel: the introducing as priority ratings социоактивных of the factors; definition of fundamental laws and responsibilities of the experts, in particular(personally) — the right on repayment and responsibility by the way liabilities for quality of expertise; definition of the main(basic) requirements to output characteristics of experts' reports — in particular(personally), items of information about social both economic benefit and damage from implementation of the projects passing expertise, and also data about прогнозном term of an obsolescence for высокотворческих of the projects, инноваций etc. In advertising, which one should be without delay information, than psychological artillery, one of the most complex(difficult) problems — a rating of social effect and damage for a customer and for company as a whole.
Concerning capabilities of a rating социоактивных of the factors.
Can be now taken into account(now discounted) and the inflations - FOLLOWING KINDS(VIEWS) of EFFECT (DAMAGE) are expressed in the unified (cost) form(shape) - naturally, with allowance for:
* ECONOMICAL, MATERIAL;
* SOCIAL, including SOCIAL - ECOLOGICAL from impurity of atmospheric air, water and soil by toxic and radioactive matters;
* SCIENTIFIC, if the speech goes about fundamental activities, discoveries, about large диссертационных activities etc. (the possible(probable) applying of these ratings was given, for example, in the Proposals for ВАК).
By some pieces of this complex(integrated) rating the engine programs used for production of scale calculations (for example, for calculation of a social - ecological map of were fulfilled. Moscow).
The specialists ФЦС are the writers of the proposals in ВС USSR and ВС Russian Federation on perfecting the legislation in the field of invention, science and ecology, for example, about the introducing of precise quantitative social and economic ratings of public usefulness of scientific developments, thesises etc.
We consider(count), that largely fall of ideas of socialism was conditioned incidentally or designedly is distorted translated, realized, taught and used in all our ideological and economical practice by the maiden principle of socialism - and in the both parts, including concerning a rating of outcomes of a transactions - than, purely, we now and are occupied.
On the contrary, the known ratings of the western specialists demonstrate, that a significant(sizeable) role in гуманизации and in general in progressing so-called "capitalist" countries the different companies, committees, periodicals, to some extent completely, but major - regularly assessing quality of commodity, made by different corporations have played.
We consider(count), that designed by us the approaches, methods, the method of applications the engine programs encompass much more full list of parameters(indexes), factors, the calculations on them are more simple, and the outcomes - are much more adequate to a public significance and are certain, than it is provided with other existing approaches. It is demonstrated also by(with) impartial assessments.
For progressing these methods the introducing of a special methodical body(organ) — of Methodical office of a quantitative rating and expertise of the projects is expedient.
THE PURPOSES And PROBLEMS of METHODICAL OFFICE of a QUANTITATIVE RATING And EXPERTISES of the PROJECTS
COMMUNAL PROBLEMS And PURPOSES: rise of coverage and fidelity of a quantitative rating общественно of the significant factors of urging of progressing of methods of expertise both rating of social and economic and diverse performance of the projects, programs, proposals; rise of social performance of a social production, drop of unjustifiable oscillations, шараханий by selection of the optimal solutions.
PROPRIETARY PROBLEMS And PURPOSES:
1. Complex(integrated) quantitative rating of social performance of the social and manufacturing projects and processes happening in company.
THE PURPOSE: forming of social expertise as main(basic) or relevant complementary member of the gear (gears) of balanced social and economic progressing of company.
2. Organization of a system of expertise of quality (social performance) projects and certification monopoly and бюджетно of financed productions, and also different funds, charitable entitiess, large firms declaring about the social activity, etc.
THE PURPOSES: а) leaving out of the population on quality of activity monopoly and бюджетно of financed entitiess, productions;
б) creation of a methodological fundamentals for entitiess of systems challenging rise of social performance of their activity.
3. Rating of social performance of existing systems of expertise as main(basic) tool of definition and urging of quality of commodity, and also bodies(organs) public and state expert appraisal operational on territory of Russia and directed on a rating of quality of the goods (items) and services, activities.
THE PURPOSES: а) leaving out of the population on the stated boundaries of operating, about real capabilities of systems of certification (expertise) and certificates, issued by them
б) Development of the guidelines on perfecting systems of certification (expertise) from stands of public concerns
4. Development of the proposals in Government of Russia on rise of public productivity of outcomes of expertise and social and economic rating.
THE PURPOSE: creation of the steadily operational economical gears of urging of social and economic progress of company, rise of productivity of productions, improvement of the quality of production of the goods (items) and fulfilments of services, activities.
5. Organization of development and implementation of new effective systems of objective expertise.
THE PURPOSE: further distribution(propagation) of unified quantitative methods of a rating and expertise and, on the other hand, демонополизация of systems of certification (expertise) in orbs all or majority общественно of significant branches and separate locales.
THE PROJECT the ninth edition (December 2000)
THE FEDERAL ACT
" About social safety and social progressing "
Is introduced repeatedly by deputies of State Duma —
By the members of Committee of State Duma on safety
В.И. Илюхиным, П.Т. Бурдуковым
THE CHAPTER I. the general PROVISIONS
THE CHAPTER II. PRINCIPLES And RULES of REALIZATION of SOCIAL EXPERTISE
THE CHAPTER III. THE ORDER USAGES of OUTCOMES of SOCIAL EXPERTISE FOR CREATION of GEARS of DEPRESSING of ANTISOCIAL ACTIVITY
THE CHAPTER IV. THE ORDER USAGES of OUTCOMES of SOCIAL EXPERTISE FOR CREATION of GEARS of ACCELERATION of SOCIAL PROGRESSING
THE CHAPTER V. ORGANIZATIONAL PROBLEMS
The present Federal act determines legal, economical and social fundamentalses of activity on supply of social safety and acceleration of social progressing of Russian Federation.
The activity on supply of social safety and acceleration of social progressing of Russian Federation includes:
Activating of social activity already of existing state, parliamentary bodies(organs), institutions of local government, scientific institutes and diverse already of operating entitiess within the limits of their authorities for rise of a level of interest them in social progressing of company,
activating of a creative potential of the population on supply of social safety and acceleration of social progressing of Russian Federation,
Creation of the applicable federal and domestic normative subordinate legislation.
Primary goals of activity on supply of social safety and acceleration of social progressing of Russian Federation are:
- Detection and rating of the centers potential social perils, conflict situations, looking up and rating of potential spares of rise of social safety and accelerations of social progressing,
- Rating of damage from any antisocial activity, charge and assertion наносителю of the sums for his(its) indemnification(compensation) for the benefit of damaged;
- Development both implementation of the programs and projects directed on rise of social safety and acceleration of social progressing,
- Looking up, rating and selection(sampling) for broad usage already of existing economical gears, facilitiess and methods of acceleration of social progressing,
- Development and creation of facilitiess of broad applying of material and moral encouraging for accelerated social progressing and material sanctions for plotted social damage,
- Adjustment of a system of regular (continuum) definition of social performance of организационно-engineering designs, programs, bills, proposals, novelties realised innovations and operating objects,
- Methodical and orgware of activities on social expertise of socially significant objects, studies and developments presented for obtaining of state and diverse awards, grants etc.
- Development of rules of thumb of activating of a creative potential of the population on rise of social safety and acceleration of social progressing of Russian Federation.
THE CHAPTER I. THE GENERAL PROVISIONS
The article 1. The main(basic) concepts
In the present Federal act the following main(basic) concepts will be used:
The social safety — a state of company, including all main(basic) orbs of production, social orb, guards of an internal constitutional order, exterior safety, culture, at which one is provided a reference level of social settings and granted social values — material, временны'х, sanitary - epidemiological, ecological, psychological and diverse, defining a quality of life of the person and company as a whole and the minimum risk for life, physical and mental health of the people is guaranteed;
Public progressing — economical, social, ecological and diverse progressing of a social production, as a whole of human community at the expense of implementation of innovations, and also at the expense of progressing spiritual, intellectual(intelligent) and physical capacities of the citizens and conditioning for effective implementation of these capacities;
Social progressing — material, social, moral, intellectual(intelligent) and diverse progressing of company in a direction of improvement of the quality of life of the people — present and future breeds;
Ecological progressing - progressing (perfecting) of an ambient environment in a direction of an increase in the effectiveness of production and quality of life.
Extent of social progressing — the generalized performance of an extent of variation благоприятности, public usefulness or harm (damage) at the expense of variation of social settings of habitability of the Russian company and at the expense of acquisition (consumption) of the social values.
Quality of life — the generalized performance of safety and благоприятности of social settings of existence and freedom of the person, company; expresses in relative units of usefulness (потребительной of the cost) cumulative consumable social values in calculation on one person;
Social settings — material, временны'е, ecological, sanitary - epidemiological (hygienic), psychological (including aesthetic and ergonomical) and diverse living environments of the people defining their welfare (well-being), favorable physical, psychological, intellectual(intelligent) and moral state (comfort), their safety (internal both exterior, personal and public) and creating reasons for productive habitability, conservation of quality of a gene pool, rise of a cultural level, for spiritual, physical and moral progressings of the person and company;
Social factors — exterior in relation to the person the factors, nomenclature and the levels determine which one social settings of his(its) existence;
Ecological living environments of the people, collectives - conditioned by the natural factors and economic activities set(combination) of environmental factors defining performance of a social production and a quality of life
Environmental factors - factors of an ambient environment; not indifferent for the person and company;
The official social norms(standards) both standards — scientifically justified(scientifically reasonable) and approved federal or municipal (domestic) by executive bodies the factors and their ultimate values (ПДК, ПДУ, ПДВ...), adopted as mandatory on the given period of time in the given terrain (locale);
The public social norms(standards) — historically adding up in the given locale, in the given terrain общественно adopted levels of social factors steadied as a result of public practice;
Extraordinary social situation — a situation, at which one by virtue of economic activities of the person and natural natural processes public and personal safety of the citizens, and also supply of the population with the vital social values are threatened on all or on a significant(sizeable) part of territory of Russian Federation or separate locale of Federation;
Bodies(organs) of social progressing — state and public organizations, their subdivisions, other entitiess accredited on the right of realization of activities or rendering of services by a rating, supply of social safety and acceleration of social progressing;
Social expertise — expertise of the new goods, which have appeared or anticipated in the social market, services, and also natural and public phenomena directed on detection set in and (or) anticipated positive or negative social consequences (of variations of social factors), their speakers, and also cumulative quantitative (cost) rating of social safety, level экологичности and quality of commodity, social effect or damage — actual and (or) potential for a real scale of effect of consequences;
Social effect (damage) — a cumulative rating in a value form of public favour (harm), and, accordingly, variation of a quality of life, including variation material, временны'х, ecological, sanitary - epidemiological, moral and any diverse factors, not indifferent for the person, as outcome positive (or negative) variations of social settings, concerning a precursor (baseline) level, official or public norms(standards) and standards; expresses in cost units of public usefulness made, made or scheduled(budgeted) variations from implementation of intellectual(intelligent), creative, organizational, technical and diverse achievements (innovations) or from originating natural phenomena;
Coefficient of complementary upbuilding of fault — boosting coefficient to a capital amount of the marked damage because of inflation of money resources, occurrence(appearance) of the extra costs (material, physical, moral..) damaging, damaged from the moment, before awarding judgement about his(its) indemnification(compensation) established(set) for buy-back, воспитательных, frightening purposes, radium preventive maintenance and protection against pernicious influencing on other persons, capability (risk) of growth(increase) of damage hereafter and that of look-alike reasons;
наноситель of damage (причинитель of a harm) — the natural or legal person, which one as a result of violation(disturbance) of social conditions(situation), default of the auxiliary or ethical responsibility, incidentally or designedly has plotted to other person physical, material, moral or diverse damage.
The article 2. The legal basis(fundamentals) of supply of social safety and social progressing
1. The legal basis(fundamentals) of supply of social safety and social progressing are the Constitution of Russian Federation, present Federal act the conventional principles and norms of international law, international treaties of Russian Federation, and also other normative legal acts, published on their bases(fundamentals) as a whole defining a state and public system of supply of the warranties of social safety and social progressing, organization of development and keeping up of an indispensable (nominal) minimum of the social norms(standards) and standards;
2. If the international treaty establishs more effective rules of social progressing, than those, which one are stipulated by the legislation of Russian Federation on social safety and social progressing and present Law, these rules of the international treaty are applied. Otherwise Russian Federation tenders the initiatives on perfecting the international legislation.
3. For supply of social safety and social progressing the state executes measures on check and urging of production in Russian Federation of the main(basic) social values, to allocation of social settings and executes regulation of the social market according to the Constitution of Russian Federation and present law.
The article 3. Communal principles of supply of social safety and urgings of social progressing
1. the main(basic) organizational resource of supply of social safety and acceleration of social progressing is the creation of economical gears, founded on full indemnification(compensation) by the infringers of any kinds of plotted damage and on urging on end results of positive variations of any social factors, not indifferent for the person and company.
2. The installation of the parties in fault and demanded sums of compensation of damage from socially negative activity is made by bodies(organs) of civil legal proceedings on the basis of the data of social expertise - directly or through administrative commissions of bodies(organs) of the local authority;
3. The installation of the sums of encouraging of socially positive activity is made by bodies(organs) of trade unions of firms and (or) administrative commissions of bodies(organs) of the local authority depending on a sphere of action of positive social variations;
4. The social expertise is executed on the contractual basis(fundamentals) by(with) centers of social progressing - consulting legal entitiess, educational institutions, scientific entitiess (as a whole or their subdivision), accredited on the solution of a permanent Federal commission till entitiess of a system of accreditation on the right of realization social expertise, social audit and certification under the social requirements (further: federal commissions on social accreditation) on the right of fulfilment of functions of social expertise, social audit, certification of quality, development of the social projects etc. - depending on personnel, material and other capabilities аккредитуемых of entitiess; the involvement in sessions of the court for rendering consulting operatings and diverse support of this or that side concerns also to problems of centers of social progressing.
5. The federal commission on social accreditation will be organized by Government of Russian Federation. The structure of a Commission is determined and in subsequent, if necessary, is annually adjusted by selection(sampling) from among the quoters from different offices, entitiess and firms by professional and ethical yardsticks. In the responsibility of a Commission the organization of opening-up enters; and the statement(confirmation) of methodical materials, teaching, accreditation (is independent or on a commission - writers of the prepared methodical materials) and allocation of methodical materials to the accredited centers of social progressing, regular rating, inspection check of activity of the accredited bodies(organs) and productivity by them of methodical materials.
6. At definition of an extent of social safety and social progressing such factors, as are subject to the registration:
Rise of threat to life, health, property and personal contributions of the population,
Loss of the family provider, other negative factors, foreseen Civil code of Russian Federation,
Material, psychological, временны'е and diverse overloads of the person separate groups of the population and company as a whole;
Impurity harmful техногенными by chemical agents and biological objects of air, potable water opened basins and soil;
Effect of the physical factors: radio waves, radioactive contamination, noise, dust etc.;
Forward(straight) contamination by parasites, including Through the domestic animals;
Sanitary - epidemiological impurity and деэстетизация of territory;
Negative, effect on physical and mental condition of the person over the established official and public norms(standards) — of a social background registered subjectively, through all sense organs of the person, including acoustical, visual, olfactory, gustatory and other, and objectively, by the way beefing-up available or occurrence(appearance) of the new expressed signs of diseases (defeats), delay of treatment, aggravation of illness, negative variation of the main(basic) biochemical and physiological parameters(indexes) etc., including because of an ineffective and incorrect direction of treatment, non-presentation by treating entities of the information indispensable ill or his(its) cognates, other treating entities;
Rise of social tension (for example, because of переуплотненности and multinationality of settlement, heightened криминогенности of conditions(situation), dangerous behavior of the domestic animals, drivers of a motor-vehicle transport, off-standard activity of power systems, orb of servicing, state of a municipal infrastructure etc.);
Negative informational - psychological effects, including through printing, body and radio program, as a whole from aesthetic, spiritual impurity of the information environment;
Misinformation, allocation distorted and false of the information;
Education of youth and as a whole companies in antisocial spirit,
Distribution(propagation) of antisocial philosophy, which one in the long term can plot to company material, economical, social, moral and diverse damage, social instability, tension and social failures(stalls);
Conservation общественно harmful or общественно of useless productions, any activity, or artificial termination of activity общественно useful;
Fraud of the buyer and seller, including declination to self-deception from undeserved rise of prestige (image) of the producer;
Developments of an obvious or latent corporate egocentricity by the way of unjustifiable complicating of items, conditions of allocation of services, departmental rules and operating instructions; общественно not conditioned, opened or implicit arrangement of the producers etc.;
Delay of patenting and promulgation (publication) of socially significant achievements;
Violation(disturbance) of the copyrights, неуказание of a name of the writers of achievements or holders(owners) of intellectual property,
— And also any other factors negatively affecting health, psychological and physical condition of the person calling(causing):
- Ungrounded drop of a material well-being, spare time, impairment of a psychological state of the people, оглупление, forfeiting of the people of the right to decide the destiny in a measure of the capacities and, on the contrary, own licentiousness of the people,
- Peaking of feeling of aimlessness of existence, ненужности for family or company,
- Infringement of feeling of own advantage,
- Spiritual, mental and psychophysiological degradation of the person,
- Spiritual and spiritual spiritual bankruptcy, including from breaking down of national culture, from forfeiting a faith in the future, in characters, in the resisted inclinings without adequate substitution and (or) psychological indemnification(compensation).
7. The effect from measures on rise of social safety and acceleration of social progressing is the basis(fundamentals) for material and moral incentive of the participants of their creation and implementation indispensable and sufficient for encouraging and prolongation for socially useful activity.
8. The damage is established(set) ground of outcomes of social expertise without dependence from availability or absence of rule of laws establishing(setting) the legal responsibility and envisioning this or that kind(view) of punishment.
9. The damage determines all social responsibility, i.e. responsibility to indemnify lossed - to the separate persons and population in a material kind(view) (to pay) all cumulative marked damage, expressed in a value form, from any negative variations of social factors, and also the cost of social expertise, cost of legal proceedings, costs of activity of law enforcement bodies and to pay all indispensable taxes - all with allowance for to inflation and different charges (discounting) in case of an essential difference between terms of damaging and payments (indemnification)((compensation)).
10. Indemnification(compensation) of damage marked as a result of wrongful act or sleeping by one person (persons) to other person (persons), should be made причинителем of a harm:
In the material (money) form(shape);
In a full volume, if necessary with allowance for of coefficient of complementary upbuilding of fault;
Irrespective of a nationality, citizenship, age, floor, property and official rule(situation,position), personal welfare, place of stay both residence наносителя of damage and lossed;
Without dependence from a fitting to this or that entitiess, entity, social movement or crew;
Without dependence from, whether is the marked damage by a reason of the subjective factors (lacks of education, self-education, incompetence of nature причинителя or his(its) illnesses — physical or mental) - excepting the circumstances of force majeure;
In case причинитель of a harm (наноситель of damage) is not established within a month, the repayment of damage is made on-line, from the special social funds promoted(sustained) by established deductions from sums of compensation of damage;
In case of an imperfection of the legislation, gated in after acceptance of the given law, — by all persons involved in his(its) development and the introducing;
In case of implementation of innovations — by the natural persons involved in their creation, development, financing and implementation;
If наносителей of damage two or more — that in fractions of involvement, for example, proportionally personal fractions of the obtained profit.
11. The solution on indemnification(compensation) of damage the court bears ground of data of social expertise conducted on his(its) solution by bodies(organs) of social progressing. These bodies(organs) and court bear the parity responsibility for consequences from usage of outcomes of illusory expertise.
12. Full material indemnification(compensation) of all kinds(views) of the marked damage (economical, material, physical, social, moral and diverse) is indispensable and sufficient for supply of social safety and acceleration of social progressing and does not require(demand) measures of limitation of freedom причинителя of a harm, if his(its) physical, mental and diverse features do not require(demand) his(its) isolation(insulation) of company.
THE CHAPTER II. PRINCIPLES And RULES of REALIZATION of SOCIAL EXPERTISE
The article 4. General purposes, problem and rule of realization of social expertise
1. The social expertise is carried out(conducted): at opening-up of judgements, solutions on development and implementation of the projects, about prolongation of activity of the operational firms and about distribution(propagation) of the consumer goods, services to the population, activities and conditions of activity of firms, any socially significant innovations (including the inventions, discoveries, scientific and technical achievements), solutions on the beginning or stay of any activity tracking with forward(straight) and indirect, actual and potential social consequences; at opening-up of the solutions about issue of the certificates of correspondence to safety requirements and quality on commodity (goods, service, activity), on management systems of quality and guards of an ambient environment, ecological certificates on общественно significant outcomes of economic activities of firms and on their commodity; At definition of moral, material and diverse incentives, including at charge of the wage, premiums, awards, at opening-up of conditions and rendering of outcomes of competitions, at issue of the grants and awards by the certified outcomes of social activity etc.
2. Social expertise on a capability of occurrence(appearance) and the definitions of value of social damage with definition of short-range and long-distance, forward(straight) and indirect consequences should go on all бюджетно financed общественно significant reorganization, transformation(conversion), innovation and development.
3. Definition of socially significant parameters(indexes) of a rating and expertise the effect of the harmful factors not natural (техногенного) is made on principles of necessity and sufficiency of the registration of all factors, not indifferent for the citizens and company, — as a whole or separate most relevant groups, for example, on ecological parameters(indexes) defining impurity by harmful matters,; and natural genesis.
4. In particular cases for a rating of an extent of effect the statistically treated outcomes of a ratings established(set) will be used; metrological, эконометрическими, социометрическими and sociological facilitiess. At a rating of the factors which are not yielding to metrological measurings (ethics, aesthetics, ergonomics...), the interrogation of the people is made under the form(shape) envisioning as an end result definition of effect and damage (for the person, company) in a value form; for local and off-gauge cases interrogation to be effected on the applicable groups of the people, for representative and общезначимых of cases — by realization of referendums in a scale of locale or as a whole countries.
5. At definition of social consequences the variations of social factors are allowed in comparison with the official norms(standards) — for безакцептного (indisputable) exception of the sums and indemnification(compensation) of damage, and after the special solution of the courts of justice — at variations in comparison with the public norms(standards) and former, natural, resisted social settings.
6. The end results of social expertise of socially significant activity should express by the way sums of the actual for taken into account instant actual and potential effect and damage in absolute (money) and in the relative form(shape) — in relation to the general costs or to total amount of production. Thus the attendant effect or damage is allowed both forward(straight), and spurious, indirect. The final value of effect or damage is determined by algebraic summation.
7. For the purposes of competitions of matching are carried out(conducted) between firms of one functionality.
8. For damage as the consequent непроведения of social expertise or its(her) bias (predatory or undervalued ratings) liability is born by(with) the persons receiving solutions.
The article 5. Features of definition forward(straight) both indirect damage on facilitiess and forms(shapes) of hurting
1. At braking the projects envisioning high social effect, for the benefit of other, less effective projects, the value of overlooked effect with allowance for oddss of his(its) occurrence(appearance) is determined.
2. At a rating of damage from deposition of a physical harm from assault, debacles, emergencies, attacks of animals etc. the losses of property from loss or from drop of capacity for work, costs of treatment, physical and mental sufferings, дискомфорт, are allowed; rise of threat for life of the person, drop of immunity and threat of reduction(decreasing) of term of life (under the average data).
3. At a rating of damage from advertising activity the possible(probable) damage from an inaaccurance of an image of the goods (service) created by advertising, actual goods (service) and accordingly from the skip by a customer better and cheaper commodity is valued; damage from moral and psychological overloads of customers of advertising (spectators, listeners, readers) and third persons owing to applying durable, cumbersome kinds(views) of advertising, from неэстетичности, immorality and diverse look-alike psychological overloads at usage of representational facilitiess perceived by company as negative, damage from discontinuing a body and radio transmissions etc.
4. At delay of legal proceedings, false arrest and concluding under the sentinels for want of good causes over the normatively established (nominal) term the damage from physical and moral sufferings, discontinuings of labor or educational activity, moral damage for the suspect and his(its) close etc. is allowed At custody of the persons who are held back under duress over terms, indispensable for indemnification(compensation) before the calculated damage, natural and legal persons guilty of it, pay applicable material and moral damage for the benefit of damaged depending on duration and conditions of a forced contents.
5. At the ungrounded costs of time and facilitiess for mandatory visiting of state institutions (judicial, tax, ОВИР etc.) over permissible and as a result offensive operatings of the officials the costs of time of trip and servicing, sequential queues and psychological overloads are allowed. The damage should be paid guilty ground of average data (about mean endurance and cost of trip, cost free and on-duty time) in the given locale, a settlement or under the personal data it is ground of the obtained official information (at the choice of lossed). The damage is paid by(with) organization, entity in 10-ти day term with the subsequent exception of these facilitiess for the employees guilty of damaging.
6. By production both implementation of psychotropic and drug matters, alcoholic facilitiess the damage to the separate persons and company as a whole from a rise in crime, degradation of the person and company is allowed...;
7. At cultivation, implementation and contents of the domestic animals on territories which are man-tended the indirect people, — the heightened risk of deposition of physical and mental traumas, distribution(propagation) of taints, деэстетизации of territory, odors and accordingly material, moral, временно'й, sanitary - epidemiological and diverse damage is allowed within the limits of effect of all these factors;
8. At smoking in the public places the damage for ambient from exceeding concentration of toxic substances above ПДК and separately - moral damage is allowed;
9. At usage of radiotelephones the physical (radiowave) pollution of the environment and accordingly damage to health (user of the telephone and ambient population), and also owing to handicapes(interferences) to other radio equipments is allowed;
10. At usage of transportation facilitiess the rise of concentration of toxic substances in air, soil and basins, level of an acoustic noise, including from антиугонных of systems, dust, impurity of property (clothes) of the citizens cost, established(set) or established in each particular terrain, of the floor space, held by a transport resource, (at rest and parking), is allowed; infill of free space by parking near to houses, the mean costs of time of waiting by the pedestrians for transition of streets, drop of an aesthetics of territory, damage from mean odds of mutilations, fatal cases etc.
11. At in-leak(influx) of the refugees and settlers in the populated regions the reallocating social and free goods to the detriment of for indigenous population, including damage moral is allowed, in case of the reduced cultural level of the settlers, not эстетичности and low sanitary - epidemiological state from the point of view of national customs of indigenous population, material and moral losses from increase of cases of rip-off and other antisocial phenomena etc.;
12. At artificial (temporary or constant) termination of activity of the private persons and firms damage (effect) is determined as a differential of an annual volume of interrupted activity and damage, plotted by her,(it,) (if those will be detected), multiplied on actual time of termination;
13. At distorting or reduction(abbreviation) of the information, transferred(handed) in MASS-MEDIA, without the consent of a source of information the public harm from distortings and reductions(abbreviations) is allowed;
14. At submission(representation) by mass media insipid and противообщественных (under the form(shape) and contents) materials, attitude of the spectator and reader on education бездуховности, the stimulation of low instincts is allowed material and moral damage to company from drop of culture, labour productivity, social safety, quality of a gene pool etc.;
15. At maiming, offences, assassination общественно of the recognized persons the damage personal (material and moral) and mainly - public moral damage is allowed;
16. At the introducing as the mandatory objectively not justified requirements and standards, statutory acts (laws, methodical indicatings, mandatory for fulfilment of the rules), constructed on the error concepts complicated, переусложненных or partial and ill-defined in the verbiages the direct damage from non-optimum selection and complementary costs of perception both comprehension of the not spent texts and usage переусложненных of design formulas - all this is allowed in comparison with the solutions known, available in opened printing, or officially to introduced writers (implementators) of the statutory act on the moment of his(its) statement(confirmation);
17. At невосприятии of more useful novelties in all orbs of a social production, including medicine, city designing and building, technological and organizational activities, production activity, the MASS-MEDIA, administrative and any other activity is allowed overlooked effect for company (material, psychological, временно'й and diverse) owing to нереализации of the disclaimed proposals;
18. At a development of a corporate (formation) egocentricity, in particular(personally): from the artificial introducing in a construction быстроизнашиваемых of details, from unjustifiable public concerns of arrangement of different firms and branches, the output, общественно harmful at the stage of usage (applying) etc. is allowed the detected overlooked effect (profit) or allowed damage and made costs of their detection;
19. At violation or ineffective fulfilment of pre-election pledges and responsibilitiess, official duties and contracts — the damage is allowed in comparison with the nominal promised end result;
20. At non-optimum operatings during neutralizing forces majeure, encumbrance to extension(issue) and implementation of commodity of heightened quality both safety and preference by less qualitative and ecologically of less clean commodity; selection(sampling) ineffective in comparison with known on the given time in the given place (locale) and at realization of socially ineffective measures all overlooked effect (profit) with allowance for oddss of his(its) implementation is determined.
THE CHAPTER III. THE ORDER USAGES of OUTCOMES of SOCIAL EXPERTISE FOR CREATION of GEARS of DEPRESSING of ANTISOCIAL ACTIVITY
the article 6. The communal order of charge and assertion for payment of sums of compensation of the marked damage for usage in judiciary practice
1. To actuation in the buy-back sums shown by court to indemnification причинителю of a harm, are subject, except for the sum of the marked damage (at necessities — with applying of coefficient of complementary upbuilding of fault): all legal cost, including the cost of a consequent and contents of the judicial vehicle — for listing in the budget; payments for indemnification(compensation) of the costs of time both money resources of the witnesses and other involved(attracted) persons, cost of expertise etc. — for the benefit of the applicable persons, firms and entitiess, and also established percent of charges for forming special social accumulative funds.
2. For reduction(abbreviation) of calculations of the buy-back sums they can be established(set) in the simplified form(shape), by the way of twofold sum of the marked damage.
3. The damage is determined and is presented for indemnification(compensation) for all term from a beginning of damaging, but not earlier, than from a beginning of operating of the given law.
4. All payments are made predominantly through the accumulative funds, derivated in locales, or through the accumulative scores in сбербанке.
5. At addressless damaging to a number(series) of the persons, for example, at a pollution of the environment (aerial basin, aqueous basins, soil...) mobile and fixed sources by any contaminating factors (physical, chemical, bacteriological...), the general damage to the population is calculated depending on intensity of impurity, time of effect, number of the persons influenced, and the sum of indemnifications(compensations) for exception for the holders(owners) of these sources and allocation among lossed to the proportionally marked damage is calculated. Thus the claim of infringement (stimulation in court of business) collective claimant is possible at any quantity discordant with such procedure feeding the personal claims.
6. The buy-back sums are collected in 20 calendar days after the decree, if for this time the new evidences of illegality of definition of damage will not be submitted(shown). These sums are collected with guilty within 10 days. Since 11 calendar days after the indicated terms at delay of repayment on the outstanding rest(remainder) the fine(foam) at the rate of the mean bank credit is calculated. Is enabled no more than two updating(adjustings) of a primary judgement
7. Payment of indemnifications(compensations) damaged to be effected during 35 calendar days after final awards of court.
8. The payment of the buy-back sums at damage marked by firms, is made by the persons designing, receiving and stating the solution, the implementation has reduced which one in damaging. Thus the fraction of involvement of each of these persons is determined proportionally their fractions in the profit officially established between them, manufacturing charges of each person (including a contents of office, personal motor-vehicle transport, travelling and living expenses etc.), or voluntary agreement of all participants or equally, if the maiden two ways appear unacceptable.
9. The buy-back sums established by court, are excepted from the known scores наносителя of damage; in case of impossibility of indemnification(compensation) of damage at the expense of the personal contributions причинителя of a harm and his(its) properties (personal property and real estate) should be used (depending on his(its) personal preferences): personal facilitiess of the marital partner (marital partners), their parents, children and other cognates (up to the third elbow inclusively). The infringer can not be dispossessed of housing completely; the impairment of the housing conditions is possible up to a level of the minimum norms(standards) (with allowance for of structure of family) and with moving in the least prestigious regions given or other settlements. At definition by a way of indemnification(compensation) of the marked damage can be taken into account(discounted) the judgement причинителя of a harm.
10. Indemnification(compensation) of damage can be undertaken by(with) any organization. However thus there should be a solution not less than 3/4 co-owners (соруководителей) by this entitiess.
11. Indemnification(compensation) of the marked damage from facilitiess heightened social perils (motor vehicles, some sorts of the domestic animals and diverse) to be effected from the previously brought in personal mortgage sums used only on look-alike indemnification(compensation) - if such practice is stipulated by the regional legislation, or by exception of the buy-back sums by any other way.
12. If the full payment of the buy-back sum is impossible, the repayment lossed is made from accumulative funds and the forced fulfilment причинителем of community works for зарабатывания of facilitiess routed to accumulative funds is simultaneously assigned; the community works are assigned with allocation for selection not less than 3 places; thus the not set norms working day, limitation of moving(movement) and direction all can be stipulated; the earned facilitiess for indemnification(compensation) in funds, except for supply of minimum facilitiess on a contents, guards, and also repayment of complementary damage on the place of confinement, if those will be marked.
13. If after adjudication about value and rules of depositing of the buy-back sums and during all term of fulfilment of community works the new facts will be clarified, the repetitive expertise and new proceeding is made. Thus in case of error detection of the organs of inquiry, either bodies(organs) of expertise, or courts of justice in definition of the infringer and sums of damage more than on 20 percents, the difference is collected for the benefit of the members, who have lossed from an enabling error, of expert group, members of the particular full court and persons solution, stating them, (is proportional to repayment of their transactions).
14. In case причинитель of a harm is in other country, which one is failed it(him) to give, the damage indemnifies according to two or multilateral agreements this country and - or the damage is indemnified at the expense of stayed in country of damaging of facilitiess причинителя of a harm and - or of his(its) cognates.
15. Nonuse or the inadequate imposition of sanctions under indemnification(compensation) of the marked damage on whose - or fault attracts assertion of the same sanctions to from whom this applying depend.
With т and т ь I 7. A procedure of commencing a suit, legal proceedings and fulfilment of the decree
1. by the pioneer of stimulation businesses and realization of social expertise on availability and value of social damage can appear lossed or any other person, any organization, including anonymously, with submission(supply) of the application is direct or through any body(organ) of social progressing in district separation of court, which one and assigns an initial stage — a consequent.
2. production on the fact of damaging, including a valuable consequent and complex(integrated) social expertise, is made by the courts of justice directly or, at a damage assumptions is lower than hundred minimum sizes of the wage, under the decree, — by an administrative commission preparing independently or with the prompt of the workers of court materials for referring to court.
3. By results of conducted by court and - or by an administrative commission of a consequent and social expertise by court is made a decision, including: value of the full marked damage, indicating of the infringers - legal and natural persons, concluding about an extent of fault each (in fractions or in percentage), value of the buy-back sum, form(shape) of its(her) exception (rule of depositing of indispensable moneys by each причинителем of a harm), conclusion(injection) about necessity of limitation of freedom each guilty (in case of his(its) special social perils) and order of coercion of this solution in fulfilment.
4. For awarding judgement of court the involvement in session of the court of the sides is their right, but not by the responsibility.
5. consideration of business under the petitions to be conducted in court above with the intermediate order to address the previous structures of the full courts. Definitive (last) check of business under the petition implements Board of the Supreme Court.
6. Госпошлина for consideration of business is paid by the claimant once at claim of infringement. All consumptions on legal proceedings are reimbursed by the defeated party or sides to the proportionally established fractions of their fault, these consumptions are actuated in the buy-back sums.
THE CHAPTER IV. THE ORDER USAGES of OUTCOMES of SOCIAL EXPERTISE FOR CREATION of GEARS of ACCELERATION of SOCIAL PROGRESSING
With т and т ь I 8. The order of realization of certification of quality of the goods, services, activities and living environments as facilitiess of urging of public progressing
1. The Centers of social progressing have the right to execute activities on voluntary certification of quality and экологичности main(basic) and by-product of economic activities, commodity - goods, services, activities, and also conditions of activity of firms on parameters(indexes), not indifferent from the point of view of concerns of a customer, company within the limits of all values of the not set norms factors, and also set norms factors in limits which are not subject to mandatory certification, with the indicating of a degree of quality and (or) ecological purity as complementary usefulness сертифицируемого of the object of economic activities or his(its) commodity concerning the object (commodity) instituted(spotted) as baseline, mean on particular market space all and (or) within the limits of a particular price category.
2. the organization of opening-up of the specialists for accreditation of the legal persons on the right of fulfilment of a function of a body(organ) of certification — that is convener by a Federal commission on accreditation of voluntary certification of quality and ecological certification — is carried out(conducted) by the legal person possessing right on accreditation on this or that system of certification.
The bodies(organs) of certification should dispose full kit of methodical materials, possibility of using of facilitiess and methods of a rating for realization of activities, on which one they are accredited, and also applicable regular personnel.
3. The body(organ) of certification, being grounded on outcomes of social expertise by working commissions reshaped by him(it) for realization of activities on certification of each particular kind(view) of commodity from among the own workers and involved(attracted) on the part of specialists, makes sure outcomes of activity on certification by design of the certificate of fitness or ecological certificate with the indicating on his(its) field of the naming of a body(organ) issuing the certificate, list of kinds(views) of commodity, which one has passed certification, and outcomes of calculation of a degree of quality (or ecological purity), and also date of issue and validity of the certificate.
4. The body(organ) of certification with the purpose of definition of repeatability of quality or ecological purity of certified products carries out(conducts) inspection check. The inspection check implements under the initiative of this body(organ) or under the stated claims of customers or on demand of a Federal commission on accreditation at the expense of facilitiess of a body(organ) conducting certification.
Outcomes inspection check are made out by the act, according to which one the rating of outcomes of check is given and is concluded a capability or impossibility of conservation of operating of the issued certificate. the act is stored in a body(organ) of certification, and his(its) copies are routed to the manufacturer or supplier of commodity and entitiess which were taking part in check. By results of inspection check the body(organ) conducting certification, can suspend or cancel operating of the certificate and accordingly — applying of the Sign of correspondence (Sign of quality) or to change value of a degree of quality.
5. The body(organ) of certification bears responsibility for entirety and objectivity of a rating of quality and экологичности on the moment of certification. The firm bears responsibility on all validity of the certificate for exact correspondence of figure of merits and ecological purity of certificated commodity to the values established as a result of certification on the given firm.
6. The territory of operating of the certificate of fitness and ecological certificate, if it is not established(set) at accreditation especially, has no limitation and is hereinafter determined only by authority of a body(organ) of certification and system, selected by him,(it,) of certification.
With т and т ь I 9. Material and moral incentive of socially effective activity
1. the activities on social progressing of locale or production are carried out(conducted) as a rule on the basis of contractual attitudes(relations) of center of social progressing with entitiess — by the quoters by domestic (regional) administration or manufacturing administrations of the subjects of economic activities. The agreement envisions the indicating of the naming of activities anticipated social effect on the sum, indicated in the agreement, of repayment and nominal time of performance, and also percent of rise or downturn(reduction) of repayment from variation of terms of fulfilment and effect concerning established in the agreement.
2. In case the activity is encompass byed looking up and neutralizing of social damage, the fraction of deduction from the obtained sum of compensation at a rate of 10 % for the benefit of all involved in detection and neutralizing of damage is established(set).
3. the allocation of the obtained sum between the initiators of activities by agreement is made proportionally in coefficient of individual share with predetermined percent of deductions to the pioneers, implementators and initiators.
4. the publication (notification)((warning)) of locale about the writers of the carried out project with the indicating of social effect — absolute and in calculation on one inhabitant — is made in press organs propagated on territory, for the inhabitants which one the obtained effect is significant.
5. Depending on the contribution to social progressing awarding creative extents of public progressing is made. For a lower layer of the contribution for an admission of public usefulness of creative achievements of the person with appropriation of a creative extent of the candidate of public progressing is received real (or reduced to it(him) potential) contribution, equal среднегодовой of productivity(output) of one mean inhabitant of the Earth.
THE CHAPTER V. ORGANIZATIONAL PROBLEMS
With т and т ь I 10. The information in the field of social safety and social progressing
1. the information in the field of social safety and social progressing of country should include the data:
About the official state and branch standards, norms(standards) and standards defining a level nominal (normative) social safety in Russian Federation;
About a state both speaker of social production and consumption of the main(basic) social values, about a quality of life of the population in country as a whole and on separate locales;
About social performance of activity all бюджетно of financed entitiess and entitiess receiving privilege from the federal and domestic budgets, and also entitiess declaring about the social directivity;
About a state and tendencies of progressing of the internal and exterior markets of the main(basic) socially significant goods and services;
About quality, safety, ecological purity of the main(basic) made and imported commodity;
About outcomes of fulfilment and social performance (actual and potential) federal purpose-oriented programmes, particular measures on supply of social safety and social progressing;
About new общественно the useful proposals of the citizens, institutes, offices... With calculation of potential public usefulness of these proposals;
About the facts of moral incentive for creation and implementation общественно of the most significant novelties.
2. The information should be: а) full, that is to include all data, (value) of developments, proposals and other achievements permitting to customers of the information to decide a problems, put before them is necessary and defining enough usefulness and also including of all persons, which one can be responsible for its(her) inferiority and for drop of safety of commodity below than tolerance level; б) opened for transfer(transmission) to all interested persons.
3. The order of forming and allocation of the information in the field of social safety and social progressing determines Government of Russian Federation.
4. For упорядочивания of the proposals on supply of social safety and social progressing, for exchange of useful expertise and public improvement of the socially significant proposals at a Federal commission on social accreditation there is a periodic publication, and also 0,1 % of the floor spaces of printed periodicals on each percent of financing them from facilitiess of the state or domestic budget, same fraction of time of a Aether of a wireless and television (at evening o'clock) and 1 % of a volume of book commodity are selected(allocated).
With т and т ь I 11. The responsibility for violation(disturbance) of the requirements of the present Federal act
1. the violation(disturbance) of the requirements of the present Federal act entails the responsibility of the officials and citizens according to the legislation of Russian Federation.
2. As operation of law qualify all противообщественные of violation(disturbance) with deposition of any kind of damage.
3. the law retroactive has no.
With т and т ь I 12. Transient rules(situations,positions)
1. From the moment of the introducing of the present law to provide an initial fraction of repayment (indemnification)((compensation)) of the marked damage, equal 0,3 from the maximum (computational) sum, calculated to indemnification,(compensation,) with increase through each 0,5 years of this fraction in 1,3 times down to the introducing of practice of indemnification of all sum in 2 years after coming into force of the given law. The order, foreseen data by the law, and earlier operational priority list of social safety (on selection причинителя of a harm) acts simultaneously on period before termination(ending) this term.
2. The list of violations(disturbance) of the special nature for conservation of the former order of legal proceedings is prepared annually also affirms by the governmental order till May 30.
With т and т ь I 13. Coercion of the normative legal acts in correspondence with by the present Federal act
To offer President of Russian Federation and to entrust Government of Russian Federation to reduce normative legal acts and to elaborate gear of his(its) implementation according to present Federal act during 60 days after introduction it(him) by virtue of.
With т and т ь I 14. Coming into force of the present Federal act
The present Federal act enters into force from the date of his(its) official publication.
The president
The Russian Federation
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