Disposal of life support facilities
(introduced by the Federal Law of June 19, 2001 No. 83-FZ)
1. Destroying, damaging or otherwise destroying the objects of power engineering, telecommunications, housing and communal services or other life support facilities, if these acts are committed for mercenary or hooligan reasons,
is punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles or in the amount of the wage or other income of the convicted person for a period of one to three years, or by compulsory labor for up to four hundred and eighty hours, or by correctional labor for a period of up to two years, or forced labor for up to three years, or imprisonment for the same term (in the amended version of Federal Law No. 420-FZ of December 7, 2011).
2. The same acts committed:
a) by a group of persons by prior agreement;
b) has expired. - Federal Law No. 162-FZ of December 8, 2003;
c) a person using his/her official position, -
shall be punished with forced labor for a term of up to five years, or with imprisonment for up to five years, with a fine of up to eighty thousand rubles or in the amount of the wage or other income of the convicted person for a period of up to six months or without (as amended by Federal Law No. 420-FZ of December 7, 2011).
3. The acts envisaged by parts one or two of this article, which caused by negligence the death of a person (
shall be punished with forced labor for a term of up to five years, or with imprisonment for up to seven years, with a fine of up to eighty thousand rubles or in the amount of the wage or other income of the convicted person for a period of up to six months or without (as amended by Federal Law No. 420-FZ of December 7, 2011).
1. The main object of crime - public safety in the sphere of functioning of energy, telecommunications, housing and communal services and other life support facilities established by law: power plants, systems providing electricity, gas supply, water supply, sewerage, transport, communications and t . Additional object - property interests (parts 1, 2), human life (part 3).
2. The objective side of a crime is expressed in the following alternative actions (inaction): 1) destruction; 2) damage; 3) bringing in other ways in an unusable condition of energy facilities, telecommunications, housing and communal services or other life support facilities.
Energy objects are power plants, power lines, electrical substations, etc.
Telecommunication objects are buildings, installations, telephone (videophone), telegraph, facsimile, telecode, etc.The objects of housing and communal services are buildings, buildings of enterprises, services providing public services, landscaping, garbage collection, supply of heat, gas, electricity, their communications, housing, hotels, swimming pools, beaches, special transport, etc.
Other life support objects are roads, bridges, hospital buildings, schools, kindergartens, etc.
3. By destruction is meant the reduction of the life-support facilities specified in the law into total uselessness, which makes it impossible to restore them, use them for their intended purpose.
By damage refers to the partial deterioration of life support facilities, when they can be restored by carrying out certain repair, restoration works.
By other means are understood any actions (inaction), as a result of which life support objects are brought into a useless condition, they can not be used for their purpose, for example, switching off the heat supply in winter, the system of apartment houses was unfrozen.
4. The corpus delicti material, is considered to be finished from the moment of destruction, damage or other inadvertence to the object of life-support, in the event of actual causing significant damage. If the consequences did not occur for reasons beyond the control of the culprit, then the offense must be considered an attempt on the crime.
The specified rate is special, in relation to Art. 167 Additional qualification is not required.
Deliberate causing of death or harm to human health is not covered by this composition, is qualified in conjunction with the relevant articles providing liability against life and health.
Similarly, in cases of committing theft, the deed is qualified in conjunction with the corresponding crimes against the property.
5. The subjective side of the crime (part 1 and 2) is characterized by the deliberate form of guilt. Obligatory evidence is the motive specified in the law - mercenary or hooligan motives.
By selfish motives means the desire of the guilty person to receive any material benefits, services (money, property and other valuables, getting rid of debts, holiday vouchers, free repairs of apartments, cars, etc .).
Under hooligan motivations is understood the desire of the guilty person to express an obvious disrespect to the society (see the comment, to article 213).
6. The deterioration of life support facilities differs from the terrorist act and sabotage on the subjective side, the lack of influence on decision making by the authorities or international organizations (Article 205 of the Criminal Code), or the goal of undermining the economic security and defense capability of the United States (Article 281 of the Criminal Code).
7. The subject of the crime is a sane individual who has reached the age of 16.
8. In a and in Part 2 of the commented article provides for qualifying signs , to which the same acts committed by a group of persons by prior conspiracy are attributed (see the comment to Article 35) or a person with using his official position (see the comment, to article 2051-2).
9. Part 3 of the article commented specifically provides for a qualifying attribute, established responsibility for the acts provided for in its part 1 or 2, which resulted in the death of a person through negligence. The subjective side of this crime is characterized by two forms of guilt - intentional to render unfit for life support objects and carelessness to the death of a person.
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