The right of everyone in Russia to work in favorable working conditions that will meet the rules of safety and hygiene is enshrined in the Constitution.
Violation of labor protection rules: duty and responsibility
The labor branch of Russian law develops constitutional provisions and assigns the obligation to ensure a safe labor process, the conditions of which will correspond to the regulatory requirements of the state, directly to the employer. This fact is enshrined in article 22. At the same time, the state guarantees that it will protect the rights of citizens. This process is carried out through control (supervision) and responsibility: material, disciplinary and civil law (419 of the article of the Labor Code of the Russian Federation), as well as administrative and criminal.
Art. 143 of the Criminal Code: violation of labor protection rules
This legal norm establishes the types (exhaustive list) of liability for violation of established mandatory health requirements committed by an official who was entrusted with the duties (official) to fulfill them. As a rule, these are individual entrepreneurs operating without a legal entity, the head of the enterprise or his deputies, as well as officials.
According to the text of the article, OT requirements should be understood as state standards contained in federal laws and other regulatory legal acts of Russia, as well as its subjects. Sanctions differ depending on the nature of the consequences that have occurred as a result of this criminal act.
Grievous harm
Criminal liability for violation of labor protection rules, as a result of which due to negligence caused serious harm to human health, involves one of the following sanctions:
- a fine of up to 400 thousand rubles. or in an amount equal to the wage (or other income of the convicted person) for a period of up to 1.5 years;
- from 180 to 240 hours of compulsory work;
- up to 2 years of corrective labor;
- up to 1 year of forced labor;
- up to 1 year in prison; an additional convicted person may be deprived of the right to occupy any particular position or engage in a specific type of activity for a period of up to a year.
What threatens in case of death?
Criminal liability for violation of labor protection rules, as a result of which, through negligence, a person died means:
- up to 4 years of forced labor;
- deprivation of liberty for a term of up to 4 years, additionally deprivation of the right to conduct certain activities or occupy a specific position for up to 3 years.
If, by the negligence of a person who was entrusted with the duties (official) to comply with the OT rules, two or more people died, then the above-mentioned terms are increased by a year, that is, up to 5 and 4 years, respectively.
What is the object of the crime?
Article 143 under consideration (violation of labor protection rules) of the Criminal Code of the Russian Federation contains an indication of two objects of abuse (direct): the main and the additional. The first refers to such social relations that ensure compliance with the rules of health, including safety measures. An additional object of this norm is the life and / or health of people. At the same time, the victims can be not only employees of the enterprise, but also other persons whose activities on a permanent or temporary basis are somehow connected with the company.
The objective side: characteristic
The objective side of the criminal act in question (violation of labor protection rules) has three mandatory features, namely:
- An act (inaction or action) associated with a violation of the rules of OT, including safety.
- Consequence: death of an employee or damage to his health, defined as serious.
- The presence between the act and the unfavorable consequences of a causal relationship.
By design, the composition of this crime is material and has a certain specificity. A criminal offense is considered to be completed at the time of the injury to the health of the victim, defined as serious. In each case, a forensic medical examination is mandatory. In cases where a violation of the OT rules does not entail the onset of the consequences indicated above, the composition of the attempt is not formed, due to the fact that it does not relate to the subject of criminal law regulation.
Subject and subjective side
A criminal law norm establishing liability for violation of labor protection rules has a special subject. Such is a person who has been assigned the responsibility (official) in the organization to comply with the organization's (production, site) safety (TB) and other health and safety rules or to monitor their implementation.
As for the subjective side, it is defined as a careless attitude in the form of frivolity or negligence of the guilty person. If in the course of the investigation it is proved otherwise, that is, intent on the onset of grave consequences for the victim or his death, then we will already be talking about criminal liability for a crime directed against human health and / or life.
Thus, a violation of labor protection rules (Criminal Code of the Russian Federation, Article 143) has one qualifying attribute - the presence of a causal relationship between the act and the consequence. In other words, death or harm to health (only grievous) should be the result of a violation of the rules of OT.
Delineation from Art. 285, 293 of the Criminal Code
Agree, violation of labor protection rules is quite close in meaning to the norms of Art. 285, 293 of the criminal law governing abuse of authority and negligence, respectively. In practice, such situations happen quite often, and you need to correctly separate one from the other. Analysis and distinction is carried out based on labor duties that were assigned to a particular official. In a crime under Art. 143 the subject, as has already been said, is a person who was directly entrusted with the duty to ensure labor safety, observance of the OT rules and who ignored them or executed them in bad faith.
In the case of Art. 293 everything is a little different. The subject will be the one who, in accordance with his official position, was obliged to have information about how things are at work or in the organization for ensuring labor safety, and to take appropriate measures to avoid an accident.
Ship Practice
The practice in cases of prosecution for violation of labor protection rules (CC of the Russian Federation) is reflected in the Decree of the Armed Forces of the Russian Federation No. 1 of 04.24.1991. Let us dwell on some clarifications.
According to the provisions of the resolution, the onset of responsibility for the specified crime does not depend on the form of ownership of the enterprise. The subject is special, but it can be not only citizens of Russia, but also stateless persons, as well as foreigners. If an act, namely a violation of the norms and rules of OT, was committed by an employee who is not the person specified in norm 143 of the Criminal Code, but his action or inaction led to the onset of consequences, then the offense is considered a crime committed against the person.
When sentencing, judges are required to take into account the types of violations of labor protection rules that have occurred, their nature, the severity of the consequences that have arisen as a result of their commission, as well as other circumstances in accordance with the Criminal Code. taking them into account, one should discuss the issue of imposing not only the main punishment, but also the additional one.