“Fire, water, copper pipes ...” - in a fairy tale everyone has to go through these tests. But what does a person need to meet with these elements in ordinary life? For example, rampant fire often inflicts fear on the inhabitants of the area in which such fires occur and entail material damage and bodily harm. An irresponsible, sometimes disregarding attitude towards fire safety can inevitably lead to very sad consequences, to take hundreds of lives of innocent people. One of the worst cases happened to survive recently - when the flame covered a fairly large area of the shopping center in the Kemerovo region. What are the requirements of the law in this area, and what is the responsibility for violating fire safety rules? We will talk about this later.
Fire and safety
These concepts are contradictory, because fire, i.e. massive uncontrolled spread of flame always poses a threat to humans. At the same time, these terms form a stable phrase - “fire safety”, by which the law refers to the situation of protection of persons, things, the entire population and the state from a fire attack.
Regulatory documents provide for special social or technical conditions for certain objects. They must be observed for the above safety.
To prevent the uncontrolled spread of fire, special protective measures must be taken, i.e. actions to comply with legal requirements in this area. Failure or poor compliance with these rules in Federal Law No. 69 is referred to as a violation of fire safety requirements.
In law
Legal relations in this area are regulated by the following regulatory acts:
- Code of Administrative Offenses of the Russian Federation.
- Federal Law No. 69 of 1994 “On Fire Safety”.
- FZ 123 on fire safety of 2008 (technical regulation).
- Criminal Code of the Russian Federation.
- Other by-laws.
The provisions of the above documents in the area of interest will be discussed in more detail below.
Technical regulations
Now it’s worth noting such a not very well-known document, which was adopted in 2008, - Federal Law 123 on fire safety.
The provisions of this technical regulation must be observed in the following situations:
1. At the design stage, overhaul, reconstruction, construction, technical re-equipment and maintenance, changes in the functional purpose, operation and disposal of objects of protection.
2. In the design, adoption, application and implementation of technical regulations that contain the rules on "fiery" security, as well as other acts in this area.
3. In the development of technical documentation for objects of protection.
Subjects
Responsibility for violation of fire safety rules by virtue of the provisions of the law are:
- owners of property;
- Heads of federal bodies of IW, LSG;
- persons who possess, operate and dispose of property, incl. heads of enterprises;
- citizens designated as responsible;
- officials within the respective terms of reference.
Forms of guilt
The main ones in the field of fire safety are intent and negligence.
Such administrative offenses are almost all committed with indirect misconduct or due to neglect of duties.
For example, the person responsible for safety is aware of the social threat of his inaction regarding the preparation of evacuation exits, anticipates the likelihood of negative consequences (while not wanting a possible fire), but does not care about them. This approach is an indirect intent. Or, a person sees the possibility of the onset of the dangerous consequences of these inaction, but arrogantly counts on their prevention (frivolity).
In the sphere of criminal liability, along with negligence, such a form of guilt as direct intent is also widespread. For example, the usual arson, which can lead to the destruction of all property or even death of people.
Responsibility: types
Currently, the following types of liability for violation of fire safety rules are distinguished:
- disciplinary
- administrative
- criminal.
There may be another type of liability, if it is provided for by the relevant regulatory document.
Which of these items will be assigned to the culprit depends on the specific situation and certain consequences that have already been identified or could have been. We will analyze separately each of the indicated types.
Administrative
This is the most common form of responsibility in this area.
The grounds for its offensive can be represented in two groups:
- Arising from violations of safety regulations.
- Due to failure to comply with the instructions of the State Fire Supervision Authorities.
The first group is regulated in detail by Art. 20 4 Administrative Code of the Russian Federation. Subjects are individuals, legal entities, officials, individual entrepreneurs. This article provides for sanctions for violation of fire safety requirements in the form of a warning, administrative fine, suspension of activity, disqualification.
The amount of sanctions (in rubles) and other types of punishments under this article are shown in the table below.
| Subject | Under normal conditions | With special fire protection | Causing fire and damage to property or human health (mild, moderate) | Causing fire and serious personal injury or death |
| Citizens | 2,000-3,000 | 2,000-4,000 | 4,000-5,000 | Criminal liability (UO) |
| Officials | 6,000-15,000 | 15 000-30 000 | 40 000-50 000 | UO |
| IP | 20,000-30,000 | 30,000-40,000 | | |
| Legal entity | 150,000-200,000 | 200 000-400 000 | 350,000-400,000 | 600 000-1 million rubles / adm. suspension of work up to 90 days |
Special mode
As can be seen from the table, a more severe punishment is provided in the conditions of a special anti-fire regime, which is established by decision of state bodies or LSG bodies in cases of increasing fire danger.
At the time of the introduction of this legislation, additional safety rules are put forward:
- rallying citizens to localize ignitions outside the boundaries of settlements;
- restriction on hiking in the forest;
- the establishment of other measures that contribute to the non-proliferation of fires in cities, towns, villages, etc.
Separate nuances
An increased amount of fines for violation of fire safety requirements is provided for the identification of more serious consequences: the presence of fire and its result - damage to property, human health. For legal entities, when causing harm to the health of a citizen, this type of punishment is severely possible, such as suspension of activity for a maximum period of up to 90 days. The court has the right to elect such a measure.
The article also attracts the responsibility of manufacturers of goods, suppliers for failure to comply with the mandatory requirement to prescribe substances, products, items, information about their fire hazard in technical documentation or, conversely, information about measures to prevent possible fire. This violation is punishable by a fine: DL - 15-20 thousand rubles., YL - 90-100 thousand rubles. For example, you bought a bottle of hair spray for hair, and there is no instruction on how to spend it in direct sunlight for a long time, near a fire, etc. This means that the manufacturer or supplier automatically becomes an intruder, and you become a possible victim.
Separately, the Code prescribes liability for violation of fire safety standards on sea, water, rail or air vehicles (Article 11.16), in forests (Article 8.32). If, for example, your actions led to a forest fire, then get ready to pay up to 5 thousand rubles, for legal entities - up to 1 million.
Compulsory instructions of the GPN bodies
The next group of violations of fire safety requirements of the Administrative Offenses Code of the Russian Federation includes non-compliance with the requirements of the State Civil Defense Protocol (Article 19.5).
Responsibility occurs subject to the conditions:
- body regulations are based on law;
- the GPN employee has the appropriate authority;
- there are corresponding violations;
- missed deadline for execution.
The subjects are the same persons that are listed in Art. 20.4 Administrative Code of the Russian Federation. The sanction of the article provides for the types of punishments:
- fine,
- disqualification,
- adm. suspension of activity.
We will reveal them in more detail in the following table. It provides a gradation of punishments for hours. 12, 13, 14 of Art. 19.5 Administrative Code of the Russian Federation.
Subject | 1 time offense | When identifying at objects of protection in the field of health care, education, social services | Repeatedly |
Fizlitsa | 1 500-2 000 | 2,000-3,000 | 4,000-5,000 |
Officials | 3,000-4,000 | 5,000-6,000 / disqualification up to 3 years | 15 000-20 000 / disqualification up to 3 years |
IP | | | 40 000-50 000 / suspension of work up to 90 days |
Yul | 70,000-80,000 | 90 000-100 000 | 150 000-200 000 / suspension of activity up to 3 months. |
Disqualification is the deprivation of a person’s authority to fill positions in the governing body of a legal entity, incl. exclusion of the right to medical or pharmaceutical activities.
As a punishment measure, it is applicable not only to the management team, but also to those who perform administrative, organizational, administrative and business functions.
Criminal
In addition to administrative responsibility for violation of fire safety rules, the legislator has provided for a more severe form - criminal punishment. The main feature of crimes in contrast to offenses is their public probability of damage. The type of punishment depends on the form of guilt and the severity of the consequences.
Contradictory acts are prescribed in art. 167, 168, 219 of the Criminal Code. The latter deals with crimes where the object is human life and health, and the form of guilt is negligence. The subject in this case should have the following - it bears the burden of observing safety rules, i.e. he is endowed with such duties that comply with the order on the appointment of a person responsible for fire safety.
The sanctions of article 219 of the Criminal Code are given in the table below.
Type of punishment | Health hazard (serious) caused by negligence | Negligent death | The death of two or more persons through negligence |
Fine | up to 80 000 / s / n or income for the period up to 6 months. | | |
Forced Work (OL) | up to 3 years | up to 5 years | up to 5 years |
Restriction of freedom | up to 3 years | | |
Deprivation of liberty (PM) | up to 3 years | up to 5 years | up to 7 years |
An additional view - deprivation of the right to fill certain positions or conduct activities | + up to 3 years (for PR or drugs) | + up to 3 years (for PR or drugs) | + up to 3 years (for PR or drugs) |
Sanctions Art. 167, 168 of the Criminal Code
In the named articles, other categories of crimes are given, property is the main object of infringement, but it can be due to the scale and human health (part 2 of article 167). The form of guilt is intent, negligence.
Types of criminal sanctions 167, 168 of the Criminal Code are given in the table.
Type of punishment | Deliberate destruction of damage to another's property with significant damage * | The same because of hooliganism in a generally dangerous way (arson) resulted in negligence death or other serious consequences | Destruction / damage of foreign property on a large scale ** by negligence (with sources of increased danger) |
Fine | up to 40,000 salaries or income for a period of up to 3 months. | | Up to 120,000 salaries or income for the period up to 1 g. |
Forced Work (OL) | up to 2 years | up to 5 years | up to a year |
Mandatory work | up to 360 hours | | 480 h - max |
Correctional work | up to a year | | up to 2 years |
Arrest | up to 3 months | | |
Deprivation of liberty (PM) | up to 2 years | up to 5 years | up to a year |
Restriction of freedom | | | up to a year |
| * Significant damage to the law is determined on the basis of the property status of the victim, but not less than 5 thousand rubles. ** 250 thousand rubles and more. |
The criminal liability for violation of fire safety rules in some cases looks very frightening, because life and health are often at stake. The articles spell punishment measures to the maximum, in reality, only the court has the right to impose a specific punishment based on the specific data of the case, the identity of the defendant, the presence of extenuating or aggravating circumstances, etc.
Disciplinary
The mildest type of liability for violation of fire safety rules is used in the field of business and industrial legal relations. Therefore, it is regulated by labor law.
Typically, this type of requirements involves persons who fill the relevant positions and are familiar with the order of appointment as responsible for fire safety.
Among the documents whose norms are violated may include:
- orders;
- regulations;
- instructions;
- regulations;
- orders, etc.
Since the Labor Code of the Russian Federation does not contain specific sanctions for violations in this area, the penalties directly depend on the employer, as well as on the severity of the consequences, if any have already arisen.
The following varieties can be distinguished:
- comment;
- rebuke;
- dismissal;
- others provided by law or regulation on discipline.
Summing up the above, it should be noted that fire is a natural element that, with a conniving, frivolous attitude, can cause irreparable damage and take the lives of innocent people. After all, even the most severe punishment will not be able to return everything to normal. That is why such precautions need to be given special attention, carefully identifying possible departures from decisions, as well as by monitoring designated persons. For this, the law provides liability for violation of fire safety rules. If you still had to feel her burden on yourself, do not be lazy to turn to specialists.