Military Review

"Winter cherry". Conclusions for everyone and for everyone

30
The catastrophic consequences of the fire in the Kemerovo shopping center "Winter Cherry" again put before us all the eternal question "What to do?" in a very difficult for perception of our Russian mentality sphere of technical security.




This sphere is rather difficult and unpleasant for us because of its tragic consequences that inevitably arise after another fire or accident, the causes of which are endless violations of the rules and regulations aimed at preventing such tragedies. Some of these violations are based on frankly criminal corruption component, others - criminal negligence and carelessness, however, and in those and others, our unforgettable Russian “maybe” is a red thread. Perhaps they will not catch it, maybe it will carry it by. Maybe it will somehow manage ... After all, I want to save a little somewhere, a little bit to deceive others, and myself, a little to spit on everything and just relax.

And when we really want something that can stop us? Consciousness? Decency? Debt? Come on, do not amuse yourself with illusions! Someone, perhaps, at times, will suddenly stop the annoying voice of conscience, but the overwhelming majority will habitually dismiss and take the same fatal step towards the coming trouble for those around them, and for themselves and their loved ones.

Well, what is there to slow us down, stop, save? Only system. HARD CONSTRUCTION SYSTEM. When any step to the left, step to the right is “shot on the spot”. For God's sake, do not take these words at face value - this is only an image of a measure of responsibility. He, of course, could have been some other image, but the very measure of the highest responsibility must necessarily be present in this trouble-free system of hard coercion.

The principle of operation of this system is based on the absolutely rational, pragmatic interaction of two independent institutions: the institution state technical supervision and institute private enterprise. Private enterprise here is not a form of ownership, but an individuality, autonomy, and independence of the enterprise (production). The pragmatic effectiveness of this interaction should be ensured by the relevant legislation, which contains special mechanisms of direct personal liability and anti-corruption, if not guarantees, then at least rules and regulations.

The Institute of State Technical Supervision should be well-tuned system of quasi-type, designed. protect us and our national interests in the field of technical security in a wide range of social and production activities.

Protect from what? From entrepreneurial greed, incompetence, dishonesty, stupidity, laziness and carelessness.

And what is the national interest in the field of technical security? This is our life, health, buildings and facilities, property and, finally, a well-established sense of security.

The system of quasi-military type is similar to the military hierarchical structure of civilian civil service with a powerful (command) vertical and territorial-sectoral horizontal. It should be endowed with all the most important attributes of the military sphere, such as: banner, oath, command ranks, insignia, uniform, etc. All this should ensure that the employee is tied to his professional career and the corresponding incentive systems (social package, seniority, awards, promotion, etc.), provided that he fulfills his or her official duty. Employee state supervisors should have appropriate education and certification.

In general, such a system of state technical supervision today already exists and, more or less, functions successfully. This is Rostekhnadzor, which monitors compliance with safety standards in construction and energy. including hydropower, and industry, including nuclear, chemical, oil and gas and other specific industries.

In my opinion, various enterprises and structures of small business should be added to the scope of control of Rostechnadzor, entrusting Rostechnadzor with the function of fire safety supervision, respectively, removing it from the Emergencies Ministry. The meaning of this step is to combine control over technological, energy and fire safety, and in some cases with environmental safety, which in most enterprises are inseparable from each other and should be evaluated as a whole. Accordingly, one linear officer (inspector) could control them. It is clear that this is a debatable question, but it's probably worth thinking about it.

The role of the oversight bodies in the overall national security system is quite comparable with the role of the prosecutor's office and the Ministry of Internal Affairs, and requires appropriate attention from the authorities and society, especially given the relatively high degree of corruption threats in the performance of their official duties. I am talking about corruption threats from the point of view of the state and society. From the point of view of the direct participants in the corruption process, this is, of course, a typical temptation. The temptation that you need to constantly heroically overcome. And it is not easy, really not easy. To do this, we need the highest human and civil qualities of an individual, and for an ordinary, not an outstanding person, to meet this requirement, it is necessary that this should be facilitated by the environment and conditions in which he must resist this temptation.

As special anti-corruption measures designed to help overcome such a temptation, employees of oversight bodies should be involved. special property declaration system. It:

- Mandatory declaration on all family property (real estate, stocks, cars, bank accounts, luxury goods), which includes, in addition to information about the personal property of an employee, information about the property of the parents, spouse or spouse, as well as all children at the time of entry into service;

- annual declarations of family property changes (new acquisitions, sales, transfers of property from one family member to another, etc.);

- annual declarations on their off-site incomes and, accordingly, on taxes paid from these amounts.

(The issue of property of other close relatives, for example, brothers and sisters, within the framework of this system could be studied separately in the event of corruption suspicions in the supervisory authority or in the process of officially launched investigation into certain individuals.)

The need for such control of all law enforcement officials without exception is well illustrated. history the notorious colonel Zakharchenko with his billions. The system of property declarations of law enforcement and supervisory authorities could operate quite successfully within the framework of the analytical control of the special anti-corruption unit of the FSB and identify real corruption threats already in the early stages.

Another direction in the fight against corruption in supervisory and other government bodies, and hence, in efforts to improve the efficiency of their work, is the so-called replaceable principle in justice or Replacement Justice.

The meaning of the replaceable principle is full compensation of the perpetrators of a crime (inaction) of material damage to the injured party or parties.

For example, after a fire in the Kemerovo Zimnyaya Cherv shopping and entertainment center, the federal and regional budgets, as well as the building owner, suffered material damage to the families of the dead and injured, unless, of course, the court recognized him as one of the perpetrators of the tragedy. Consequently, in accordance with the principle of indemnification, the specific perpetrators of the consequences of a fire established by the court must compensate for all these damages at the expense of their property. The latter, by the way, should be arrested by the court with the beginning of the investigation into the criminal event and be in this status until the final verdict on the case comes into force. The personal property of the suspect, as well as all the property of his family members (spouse, parents and children) acquired during the work of the suspect in supervisory or other government bodies in the absence or insufficiency of the declared incomes of family members for the acquisition of this property. In other words, all family property acquired during the work of a suspect in supervisory and other bodies should be arrested if there is no convincing evidence of his lawful acquisition by the family of the suspect on his own income.

It is clear that this arrested property will not always be enough to compensate for all material damage. and then the court according to national reimbursement legislation will have to determine the priorities of compensation and, by the way, take into account the amount of compensation in the event of a final (final instance) sentence. For example, a person found guilty by a court decision and voluntarily compensating for all the damage at the expense of his arrested property, could well be condemned solely conditionally. And, on the contrary, if such a person found guilty by the court had nothing to compensate for the damage caused, it would be logical to expect the maximum real punishment from the court when sentencing.

However, this is a very special, separate topic of the practical functioning of compensatory justice as such. The meaning of the reparative principle, as one of the ways to prevent corruption, is quite different. Understanding that one of the consequences of condoning a representative of a supervisory authority in the field of providing fire safety or other security may be the loss of property acquired by him, this representative is likely to be cautious to sign, for example, a “readiness” act for a nonexistent or unfinished fire alarm promised him dreaming of circumventing the existing rules of an overly creative entrepreneur.

The same dilemma will inevitably arise before the responsible representative on the part of the entrepreneur. After all, a replaceable principle can inevitably be applied to him. On the one hand, of course, there is a great temptation to pay off the annoying "fireman" and thus solve some of their problems, and on the other, the threat in which case to pay with your family property ... Agree: the replacement principle in jurisprudence acts here insurance for all of us from unscrupulous businessmen and supervisory officials. It's good? Of course, good. So let's think and do something in this direction.

Now a few crucial moments related to the visitor of the institute of state supervision - private entrepreneurship institute.

The main question is: who bears full responsibility for non-compliance with technical safety rules and, accordingly, the requirements of state technical supervision representatives?

The answer is obvious: owner of the company or his authorized representative. Moreover, if the absolute powers of the owner are determined by his documented rights of the owner, the level of rights and responsibilities of the authorized representative of the owner in each case should be specifically stated in a notarized document - a general power of attorney, the relevant body of the joint stock company or government agency that owns this particular enterprise on property rights. The notarization of such a document is necessary in order to not be able to change it retroactively in anyone's interests.

The authorized representative of the owner must act strictly within the framework of the powers granted to him and bear full completeness of property compensation for the damage caused as a result of an emergency situation in relation to all victims, including the owner. At the same time, the legislation should clearly define the priorities for compensation of damage at the expense of the seized property of the perpetrators of the incident. First, the expenses of the budget, the federal and (or) regional, for the liquidation of the consequences of the incident and the payment of compensation to victims should be reimbursed. and only then should the turn of the owner of the enterprise. I suppose that such an approach is sufficiently justified and fair, since the federal and regional budgets play the role here conditional "insurers", moreover, not received from the company again, conditional insurance premiums.

The authorized representative of the owner has the right to impose responsibility for ensuring technical safety at one or another object on one of his subordinates. but this should not exonerate himself. The full completeness of indemnity in this case should fall on all employees of the enterprise, officially responsible for technical safety (each at its own level).

An important problem in a situation of this kind, both on the part of representatives of the supervisory authority and on the part of the entrepreneur is the so-called informal compulsionwhen the superior superior puts pressure on the subordinate, in one way or another, forcing him to violate the established rules. This phenomenon, alas, is not uncommon in real relations between people in all sorts of hierarchical structures. Often, it turns out to be one of the causes of all sorts of emergencies and accidents.

How can a little subordinate person avoid the situation “without guilt of the guilty one” and not shoulder someone else’s responsibility?

Simple options here, of course, no. Here it is necessary either to gain courage and demand from the chief a special written order, or to quit. Another option is for an ordinary (junior) representative of the supervisory authority: to submit an appropriate report through the head of his immediate superior to the management of the supervisory service. The consequences of such a step, alas, may be unpredictable, but, nevertheless, the chance to return to the legal field in this case still remains.

An ordinary senior worker at a production plant, of course, also has such an option, but, honestly, the real chance of successfully implementing it in working order is extremely small.

In any case, each person must himself evaluate his risks, making certain decisions, and the national technical safety system, together with special anti-corruption measures and the reparation principle of justice, should direct everyone who in one way or another comes into contact with this sphere to much greater responsibility than this is the place to be today.
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  1. vlad007
    vlad007 April 26 2018 05: 51
    +5
    I watched a TV program about the state of affairs in the Ministry of Emergencies - I was stunned. Salary of a firefighter - 12 thousand rubles, there are no respirators or very few, fire ladders are few and short, etc.
    1. Trotil42
      Trotil42 April 26 2018 06: 36
      +8
      Again, water, water ... creating some kind of declarations ... a list of property ... the feeling that the author lives on another planet ... well, they will make the poor the main ... the funds will be transferred to offshore ... in the place the property will be managed by some = management company ... horns and hooves ... I don’t remember which of the Latin American presidents said ... it’s very easy to defeat corruption .. it’s enough to imprison three of your closest friends ... corruption is at the forefront of this problem and nothing more .. any transfer of functions from one office to another will not solve the problem ..
      1. Alber
        Alber April 26 2018 09: 25
        +6
        Quote: Trotil42
        Again, water, water ... creating some kind of declarations ... a list of property ... the feeling that the author lives on another planet ... well, they will make the poor the main ... the funds will be transferred to offshore ... in the place the property will be managed by some = management company ... horns and hooves ... I don’t remember which of the Latin American presidents said ... it’s very easy to defeat corruption .. it’s enough to imprison three of your closest friends ... corruption is at the forefront of this problem and nothing more .. any transfer of functions from one office to another will not solve the problem ..

        Under the current regime, money bags are only for stuffing pockets. The safety of ordinary citizens does not bother them (pot-bellied)
        1. Trotil42
          Trotil42 April 26 2018 13: 44
          +2
          Truth ... plus sign
      2. your1970
        your1970 April 26 2018 13: 07
        +2
        to put it mildly, the author is not up to date with everything that he offers.
        Civil servants file income statements for a very long time, 2 years file declarations of expenses
        Compensation for harm by the perpetrator is naturally handed down by the court.
        Compensation by the inspector - which by the way is strictly forbidden (!!!!) 294-ФЗ to check the IP - well, you can think of anything you like - to plant inspectors for example or to trample buffaloes, the question is - who will work?
        How can the inspector influence the guard who turned off the OPS at the time of the fire? Do not leave the object? Kick the muzzle, do not disconnect, do not disconnect?

        Well with the inspectors ..
        Citizens themselves care about their safety? !!
        A boring example - is everything fastened in the cars? You don’t need anything for this, no expenses and / or permissions — just buckle up ... Yeah, right now .... our citizens prefer to fly off into the windshield ...
        1. Trotil42
          Trotil42 April 26 2018 13: 38
          0
          Do you even think a little what you write ... the guard physically cannot turn off the alarm ... he has no way ... it was turned off on March 19 by the technician of the company serving the alarm ... fire on March 25 .. while the alarm status should be displayed on remote control of the Ministry of Emergencies .. but since the Ministry of Emergencies considered it to be a small business with a cross-country capacity of less than 50 people (having committed a crime, in fact) I doubt it ... that you are writing a lie and not understanding ... according to the actions of the Ministry of Emergency Situations, an investigation is underway ... one is already sitting ... who, instead of saving children, ran around the floors and looked for a fire. .. although I had information about where the children are burning ..
          1. your1970
            your1970 April 27 2018 08: 54
            0
            Quote: your1970
            How can the inspector influence the guard who turned off the OPS at the time of the fire? Do not leave the object? Kick the muzzle, do not disconnect, do not disconnect?


            Quote: Trotil42
            it was disconnected on March 19 by a technician of the alarm service company
            -that is, to beat the face not of the guard, but of the company’s equipment ?? What does this change in principle ???
            I have a slightly different supervision, but I know that after I leave - anything can do there - and I REPEAT I will not be able to check it earlier than after 3 years.
            Even if there are complaints, I will refuse to check, because according to our profile there is no threat to the life and health of citizens (firefighters have at least some clue for checks !!) and the prosecutor’s office Will refuse in coordination of unscheduled inspection ..
            1. Trotil42
              Trotil42 April 28 2018 15: 21
              0
              No need to beat .. the problem of corruption .. in the government system ...
    2. Victor N
      Victor N April 26 2018 06: 36
      +2
      This is "Besogon" Mikhalkov, well done man!
      1. lwxx
        lwxx April 26 2018 11: 42
        +2
        And here is Puchkov’s answer: “I feel sorry for the people who watch such programs, and I’m doubly sorry for those who believe what is shown there. Bullshit - just write it. ” Migalkov still gently described the situation; there are friends in the fire departments and in the Ministry of Emergencies. Firefighters are not always Ministry of Emergency Situations, they are paid as ordinary civilian employees, and the requirements are as in the Ministry of Emergencies.
        1. Trotil42
          Trotil42 April 26 2018 14: 59
          +1
          What kind of minister are such and subordinates ... Ministry of Emergency Situations runs around the floors looking for a fire, although they told him where the people are ... then finding them ... upload photos of fried children on Instagram ... everything is in order ... complete degradation .. .
    3. Baloo
      Baloo April 26 2018 08: 00
      +2
      Quote: vlad007
      I watched a TV program about the state of affairs in the Ministry of Emergencies - I was stunned. Salary of a firefighter - 12 thousand rubles, there are no respirators or very few, fire ladders are few and short, etc.

      Mikhalkov spoke even more gloomy things in Besogon: German fire engines (well, why? And where did they get the money from?) Were purchased, beautiful fire engines, all in sparkles without the permission of the government instead of fire ladders for high-rise buildings and other equipment, including respirators. And the prosecutor’s office is investigating all cases of death of firefighters? What about helping families?
    4. Tatanka Yotanka
      Tatanka Yotanka April 26 2018 09: 10
      +3
      Quote: vlad007
      Salary of a firefighter - 12 thousand rubles.

      all right, take off the title and transfer to the category of civilian employees, as a rule, those who already receive a pension and then only in the object parts remain, there are very few who want to extinguish fires for such a salary
    5. free
      free April 26 2018 09: 35
      +2
      The fleet of tankers is worn out, the water supply network (fire hydrants) is worn out, on guard, instead of 8-9 gas defenders 4-5. All this directly affects the speed of deployment of forces and means of software, the speed of the ASR (emergency rescue operations) and the speed of extinguishing. Inverters are disbanded, as a result, the exit area of ​​the inverter and the response time have increased. Respiratory devices with compressed air do not correspond to the declared characteristics in terms of protective action time.
      1. Tatanka Yotanka
        Tatanka Yotanka April 26 2018 18: 27
        +3
        Quote: free
        Respiratory apparatus with compressed air in time of protective action does not correspond to the declared characteristics.

        how doesn’t it?))) take the smallest one, put on the device and put it on the trestle bed, they will tell you 50-60 minutes))), but how are the GDZS competitions so seasoned for 15-20 minutes so everyone whistles and tears off the masks fellow
    6. Fox
      Fox April 26 2018 11: 56
      +5
      Quote: vlad007
      I watched a TV program about the state of affairs in the Ministry of Emergencies - I was stunned.

      brother serves in a fire ... so on the TV they still haven’t told everything ... there is generally a polar fox ...
    7. Starover_Z
      Starover_Z April 26 2018 21: 38
      0
      This area is quite difficult and unpleasant for us with its tragic consequences that inevitably arise after the next fire or accident, the causes of which are endless violations of the rules and regulations aimed at preventing such tragedies

      In my opinion, the content of the article is a struggle with the consequences. And it is necessary to "Mature in the ROOT"!
      First of all - the requirements for the construction of public buildings - the mandatory presence of several fire exits at different ends of the building, depending on the floor area.
      And introduce it at the legislative level, for building designers and architects MANDATORY!
      Without this, generally prohibit the commissioning, acceptance for sale, operation, under criminal liability! And then they rebuild old buildings into shopping centers, hanged several fire extinguishers and fictitious evacuation plans that no one sees or studies and that's all, everyone is happy! And people are dying!
  2. bald
    bald April 26 2018 06: 07
    +1
    Oh and namudrino. First, the human consciousness must be corrected. In the meantime, just follow the requirements for wiring.
    1. Trotil42
      Trotil42 April 26 2018 13: 48
      0
      Also a true thought ... the lamp is on .. and it is on ... the light did not turn off ... a clear violation ..
  3. Stas157
    Stas157 April 26 2018 07: 34
    +6
    In Russia, accidents are repeated, which in principle should not have been. This, as a marker, indicates the capacity of the government, its low efficiency. Everything is logical, the Guarantor began his journey with the Kursk (She drowned), and ends with a terrible tragedy in Kemerovo, where he never went to the protesters, because there was nothing to say, except that: "They burned down."
    1. your1970
      your1970 April 27 2018 09: 06
      +1
      Quote: Stas157
      In Russia, accidents are repeated, which in principle should not have been. This, as a marker, indicates the capacity of the government, its low efficiency. Everything is logical
      -You lay out a list of accidents in the USSR? Was the power incompetent / low efficient in the USSR too?
      only 1981, only aviation
      February 7
      plane crash in the Leningrad Region: almost immediately after takeoff from a military airfield in Pushkin, the Tu-104 transport plane crashed, carrying more than 50 people on board, including admirals and generals from among the leaders of the Pacific Fleet (among them fleet commander Admiral E. Spiridonov). The causes of the tragedy: aircraft congestion, crew errors and adverse weather conditions.
      28 April
      near the village of Lazo (Yakut Autonomous Soviet Socialist Republic) the plane An-2 TP crashed. Killed 12 people.
      13 June
      due to bad weather on the eastern shore of the lake. Baikal crashed (crashed into a mountain) Il-14 plane. 52 people were killed.
      1 August
      during the flight in the region of the Shantar Islands (Khabarovsk Territory), due to the deterioration of weather conditions, the Il-14 M plane collided with a sheer cliff. Killed 11 people.
      24 August
      near Zavitinsk (the region of Blagoveshchensk, Amur Region), an An-5000 passenger plane and a Tu-24 military transport collided in air at an altitude of more than 16 m. Killed 31 people. 1 passenger miraculously escaped.
      on September 18
      in the area of ​​Zheleznogorsk (Irkutsk region) due to the inconsistency of the actions of civilian and military dispatchers, the Yak-40 passenger plane crashed into the Mi-400 military helicopter in clouds at an altitude of 8 m. Of those on board the Yak-40, 33 people died, 7 on board the helicopter.
      16 November
      when landing at the airport of Norilsk (Krasnoyarsk Territory), a Tu-154 plane crashed due to a failure of on-board equipment. Killed 99 people. out of 167 passengers and crew, the rest were injured.
      26 November
      near the settlement of Ust-Kulom (Komi Autonomous Soviet Socialist Republic), the aircraft An-2 TP and An-2P collided in the air. The reason is a dispatcher error. Killed 15 people.

      total 310 deadIt’s quite possible that not all air crashes entered here and I missed something ..
      Once again, just one 1981 year, exclusively aviation- An absolutely normal year for the aviation of the USSR, by the way ...

      Z.Y. and Brezhnev / Andropov, by the way, also for some reason didn’t go out to the protesters .... ah there were no sorry protesters, all the victims went under the heading "secretly" ...
  4. Loess
    Loess April 26 2018 08: 02
    0
    Yesterday we announced the closure of one shopping center because of violations. He worked for two years. The rest seem to be able to eliminate violations without stopping their activities ...
  5. Monster_Fat
    Monster_Fat April 26 2018 08: 21
    +2
    You can take everything and "regulate" it to insanity .... Then an "idiot .... m" of a different kind will begin with endless checks, control, etc., and attempts to solve everything "for mutual agreement" and everything .... will return to "your own circles." Already passed. My opinion may seem cynical (like if your children died), but still, it’s “just not lucky” .... you just need to live on. Yes, it is necessary to improve the safety of such visited places, but without "fanaticism" -in principle, and what was in the center would be quite enough to avoid victims if it were not for the annoying "little things" which together led to the tragedy. Well, for example, in Soviet times, the doors of cinemas were also closed, but the janitor was sitting on the banal “hook” inside and out constantly, and even a child could open the hook. It seems a trifle, but as a result of the tragedy .....
    1. Trotil42
      Trotil42 April 26 2018 13: 51
      0
      The doors were locked with a bicycle lock ... a cable ... it was carried out at a time ... and some people left ... the rest decided to close in the cinema ..
  6. Dr_engie
    Dr_engie April 26 2018 08: 39
    +3
    Writes by a man who knows nothing. As civil servants, employees of supervisory bodies submit declarations of their property, income and accounts every year.
  7. andrej-shironov
    andrej-shironov April 26 2018 09: 00
    +3
    The catastrophic consequences of the fire in the Kemerovo shopping and entertainment center "Winter Cherry" again raised the eternal question "What to do?"

    Alexander, for starters, answer yourself the question “WHO IS GUILTY”, otherwise your efforts will be lost in vain and there will be no one to answer the question “what to do”! As soon as you answer the question "who is to blame" the answer to the question "what to do" will come to you. Learn the classics, Chernyshevsky, Lenin, Marx, etc.
  8. free
    free April 26 2018 09: 10
    0
    Well, and who will the dear author deal with? Not from the end you entered.
  9. groks
    groks April 26 2018 09: 29
    +4
    The first part of the article - the people are not the same.
    Further dreams that finally now (!) The bees will be against honey.
    The Ministry of Emergencies was not created for something there, but to organize warm places for relatives. When the patron of this structure went into another structure, then the Ministry of Emergencies was no longer needed.
    Within the framework of the created system, the issue is not resolved.
    The recommendation is to treat these establishments as a simple store. Came, bought, left.
  10. Clueless
    Clueless April 26 2018 12: 04
    +3
    In short, it is easier in developed countries: Income = Property costs, if the latter are greater than the first, prove how it happened.
    Here we have not adopted the current resolution in this case, yes yes. Our great and terrible one doesn’t want to accept it already what year .. or even a decade? :)
  11. Ace Tambourine
    Ace Tambourine April 30 2018 20: 46
    0
    the author is burning ...
    So, according to his logic, for hitting Ulyukaev’s bunk he had to immediately arrest his immediate superior, and of what’s higher ...
    In terms of family accounts and business ....
    Interestingly, 5 minutes would live who did this?