In Russia there are labor protection standards. And to monitor the safety of employees should certain citizens. Indeed, non-compliance with these is a crime, moreover, of a criminal nature. For it is supposed to be punished to one degree or another. Which one? Article 143 of the Criminal Code of the Russian Federation will indicate this. It examines a variety of cases of non-compliance with labor protection standards and appropriate penalties. Of course, much depends on the circumstances. That is why some nuances of the crime are mentioned here. So what relies on this violation?
Money
If the violation of labor protection was committed by the person who was entrusted with this responsibility, taking into account the negligence of harm to life and health of citizens, then this will not be punished too seriously. According to the norms dictated by Article 143 of the Criminal Code of the Russian Federation, the offender may be sentenced to a fine. Not the most serious, but quite common measure.
The amount of payments reaches 400,000 rubles. The exact amount will be made by the court after considering all the features of the crime. Also, instead of a fixed fine, the defendant is able to withdraw income for 1.5 years.
Violations and Labor
Possible measures do not end there. The thing is that rarely criminal offenses are accompanied only by fines. Often, they imply several punishments - the choice of the judiciary. And violation of labor protection requirements is no exception.
What does it mean? Article 143 of the Criminal Code of the Russian Federation indicates that in case of negligence of grievous harm to human health as a result of non-compliance with established labor protection standards, the purpose of social labor is to be considered. Namely, compulsory, corrective, forced labor.
They have different durations. Moreover, the exact term of serving the sentence will be established directly by the court. But only subject to the restrictions specified in the article. For compulsory labor, this is 240 hours (minimum 180), for correctional labor - 24 months, and forced labor can last a maximum of 1 year. It is such standards that are envisaged at the moment. Only article 143 of the Criminal Code of the Russian Federation contains information not only on these measures.
freedom
The most serious punishment in the entire Criminal Code is an encroachment on human freedom. It can be expressed in a variety of forms: arrest, imprisonment, or suspended sentence. Moreover, many are afraid of prison. This serves as an excellent motivation for "educating" the population.
Therefore, for violation of labor protection standards, a prison sentence is imposed. Or rather, imprisonment. It can last up to 12 months. Only the article also states that under certain circumstances (more precisely, at the discretion of the judiciary), another measure of punishment of the offender is additionally imposed on imprisonment.
Namely, the deprivation of the right to engage in activities of a certain type, as well as the imposition of restrictions on certain jobs. Typically, this supplement lasts up to 1 year. And nothing more. Not too scary, but with employment certain problems will arise.
Death of man
Article 143 (part 2) of the Criminal Code of the Russian Federation indicates possible penalties for violating established labor protection measures. But only if negligence led to the death of one person.
In this case, there are only two measures: forced labor and imprisonment. Moreover, social work is appointed in practice very rarely. And it can last a maximum of 4 years.
But imprisonment is considered the best solution. It is the most serious punishment for criminal offenses. And even more so for the death of an innocent person. The deprivation of liberty, according to the law, laid down for violation of labor protection, accompanied by the death of one person, is 48 months. As an additional measure - a taboo for work in certain posts and in some specific areas of activity for 3 years.
Mass death
Of particular interest are the sentences under Article 143 p3 of the Criminal Code. The thing is that in this part penalties for violation of labor protection standards, which entailed the death of several people by negligence, are indicated.
What to do in this case? Under such circumstances, exactly the same penalties are applied as in the previous case. Namely, forced labor or imprisonment. And as a bonus to imprisonment - the imposition of bans on activities in certain areas. Only the duration of sentences will increase by several years.
So, for example, work and imprisonment are capable of reaching an maximum of 5 years. A taboo, if any, restricts the offender to work for only 36 months. It would seem that not a very serious punishment. Especially forced labor. Only in reality, in case of violations of labor protection, as well as mass death as a result of this act, imprisonment is assigned.
Comments
This ends article 143 of the Criminal Code. Judicial practice is simply unthinkable without comment. After all, they reveal many aspects of the crime. For example, what is understood as a violation of labor protection standards.
Such requirements include state standards in the field of labor protection, which are prescribed in federal laws and other regulatory legal acts of the country. The danger of a crime is a violation of the Constitution of the Russian Federation. Namely, 37 of her article (2 parts). It is also an obstacle to compliance with the Labor Code. More precisely, we are talking about ensuring the safety of life and health of employees (210 article of the Labor Code).
But it is worth paying attention to one more feature. The commentary to article 143 of the Criminal Code indicates that the subject of the crime is special. Namely, a specific person who was supposed to monitor compliance with labor protection standards in view of his official position. This can also include: managers and their deputies, engineers (chief), chief specialists of organizations. They fall under the influence of the article if they have not taken measures to eliminate known violations of labor protection standards.