Violation of labor protection rules - Commentary to...

Violation of labor protection rules

1. Violation of safety rules or other rules of labor protection committed by a person who was responsible for compliance with these rules, if this entailed by negligence causing serious harm to human health (in the amended Federal Law of 08.12.2003 No. 162-FZ), -

is punishable by a fine of up to two hundred thousand rubles or in the amount of the wage or other income of the convicted person for a period of up to eighteen months, or by compulsory labor for up to four hundred and eighty hours, or by corrective labor for up to two years, work for a period of up to one year, or imprisonment for the same term (

2. The same act, which caused the death of a person through imprudence -

is punished with forced labor for a period of up to four years, with deprivation of the right to hold certain positions or engage in certain activities for up to three years, or without it, or imprisonment for up to four years, with deprivation of character to hold certain positions or engage in certain activities for a period of up to three years or without it (in the amended version of Federal Law No. 420-FZ of December 7, 2011).

1. The public danger of a crime consists in violation of the constitutional right to work in conditions that meet the requirements of safety and hygiene (Part 3, Article 37 of the Constitution). The crime in question hinders the implementation of the state policy in the field of labor protection, one of the directions of which is to ensure the priority of preserving the life and health of workers (Article 210 of the TRK).

2. Objective party of a crime is expressed in the form of an act or omission, consisting in violation of safety rules or other rules of labor protection and entailing socially dangerous consequences in the form of serious harm to health (in the main part of the crime) or death of an employee (in a qualified composition with aggravating circumstances).

3. Considering that the disposition of the commented article blanket, in order to establish the signs of the crime, it is necessary to be guided by the provisions of normative acts, in which safety rules and other labor protection rules are specified in the performance of specific works.

In cases of this category, it is necessary to delimit the crimes provided for by Art. 143 of the Criminal Code, from crimes under Art. 216 of the Criminal Code, considering that when resolving this issue, one should proceed from the fact that in the manufacture of which jobs safety rules are violated. If the violation of these rules (including the rules of labor protection) was allowed in the production of mining or construction work, then the offense must be qualified in accordance with art. 216 of the Criminal Code.

It should be borne in mind that the statutory responsibility for violating safety rules or other labor protection rules for persons obliged to enforce these rules occurs regardless of the form of ownership of the enterprises on which they operate.

4. The corpus delicti material. The action is over since the onset of socially dangerous consequences.

If the violation of labor protection rules does not entail the consequences specified in the article under review, responsibility for the violation must occur under Art. 5.27 of the Administrative Code.

5. The subjective side of a crime is characterized only by an inadvertent form of guilt in the form of light-mindedness or negligence.

6. Subject crimes - special - are persons who, by virtue of their official position or by special order, are directly responsible for ensuring compliance with the rules and norms of labor protection in a certain area of ​​work, and heads of enterprises and organizations, their deputies, chief engineers, chief specialists of enterprises, if they did not take measures to eliminate a violation of labor protection rules known to them, or gave instructions contrary to these rules, or by taking on themselves management of certain types of work, did not ensure compliance with the same rules.

In other cases, persons guilty of improper performance of their official duties to ensure safe working conditions may be held responsible for official crimes (for example, for failure to take steps to develop appropriate instructions, to create conditions for the implementation of rules and standards for labor protection, for proper control over their observance).

However, if the violation of the rules and regulations of labor protection is committed by an employee who was not the person specified in the article under article and caused the consequences listed in this article, the offense should be regarded as a crime against the person, regardless of whether the victim has relation to this production or not.

In contrast to the commented article, responsibility under Art. 216 and 217 of the Criminal Code can be borne by both the persons responsible for implementing the rules and norms of labor protection, and other employees whose permanent or temporary activities are related to this production.

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