Criminal Code of the Russian Federation Article 216 example. Criminal Code on violation of safety rules during mining, construction or other work

1. Violation of safety rules when conducting mining, construction or other work, if this entailed, through negligence, the infliction of serious harm to human health or major damage -
   shall be punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by restriction of freedom for a term of up to three years, or by forced labor for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities. for a term of up to three years or without it, or imprisonment for the same term with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it.
   (as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated December 27, 2009 N 377-FZ, dated December 7, 2011 N 420-FZ)
2. The same act, which caused the death of a person through negligence, -
   (as amended by Federal Law dated December 8, 2003 N 162-FZ)
   shall be punishable by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or without one.
   
3. An act provided for in the first part of this article, resulting in the death of two or more persons through negligence, -
   shall be punishable by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or by imprisonment for a term of up to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or without one.
   (as amended by Federal Law dated December 7, 2011 N 420-FZ)
   (Part three introduced by Federal Law dated December 8, 2003 N 162-FZ)
   Note. In the articles of this chapter, major damage is recognized as damage the amount of which exceeds five hundred thousand rubles.
   (note introduced by Federal Law dated December 8, 2003 N 162-FZ)

Commentary on Article 216 of the Criminal Code of the Russian Federation

1. The main object of the crime is public safety during mining, construction or other work. An additional object is human health or property interests (part 1), as well as human life (parts 2 and 3).
2. The list of hazardous production facilities is given in Appendix 1 to the Federal Law of July 21, 1997 N 116-FZ “On the Industrial Safety of Hazardous Production Facilities” (as amended on June 25, 2012)<1>. Such facilities are subject to registration in accordance with the Rules for registering facilities in the state register of hazardous production facilities, approved by Decree of the Government of the Russian Federation of November 24, 1998 N 1371 (as amended on November 24, 2011)<2>.
———————————
<1>NW RF. 1997. N 30. Art. 3588; 2000. N 33. Art. 3348; 2003. N 2. Art. 167; 2004. N 35. Art. 3607; 2005. N 19. Art. 1752; 2006. N 52 (part 1). Art. 5498; 2009. N 1. Art. 17, 21; N 52 (part 1). Art. 6450; 2010. N 30. Art. 4002; N 31. Art. 4195, 4196; 2011. N 27. Art. 3880; RG. 2011. N 159, 160; NW RF. 2011. N 49 (part 1). Art. 7015, 7025; 2012. N 26. Art. 3446.
<2>NW RF. 1998. N 48. Art. 5938; 2005. N 7. Art. 560; 2009. N 18 (part 2). Art. 2248; 2011. N 7. Art. 979; N 48. Art. 6942.

3. The concept of mining is given in the Federal Law of June 20, 1996 N 81-FZ “On state regulation in the field of mining and use of coal, on the features of social protection of employees of coal industry organizations” (as amended on July 10, 2011)<1>, in the Unified Safety Rules for the Development of Mineral Deposits by Open Method Method, approved by Resolution of the State Mining and Technical Supervision of Russia dated 09.09.2002 N 57<2>.
———————————
<1>NW RF. 1996. N 26. Art. 3033; 2000. N 33. Art. 3348; 2004. N 35. Art. 3607; 2006. N 25. Art. 2647; 2007. N 31. Art. 4010; 2008. N 30 (part 2). Art. 3616; 2009. N 1. Art. 17; 2010. N 31. Art. 4155; 2011. N 19. Art. 2707; RG. 2011. N 159; 2012. N 159.
<2>BNA. 2002. N 51.

Mining operations are a complex of works (production processes) for carrying out, securing, maintaining mine workings and extracting minerals. Open-pit mining of mineral deposits includes activities related to design, construction, operation, expansion, reconstruction, technical re-equipment, conservation and liquidation of open-pit mining facilities. The objects of open-pit mining are quarries, mines, dredge landfills, heap leaching facilities, as well as development sites for rock dumps, substandard ores of mines, open pits, hydraulic dumps of processing plants, ash dumps and slag dumps of thermal power plants and metallurgical enterprises. Construction, expansion, reconstruction, technical re-equipment, operation of open-pit mining facilities must be carried out in accordance with projects carried out taking into account the requirements of the above Federal Law, as well as the Law of the Russian Federation of February 21, 1992 N 2395-1 “On Subsoil” (as amended. from 12/30/2012)<1>, Federal Law of July 21, 1997 N 117-FZ “On the Safety of Hydraulic Structures” (as amended on December 7, 2011)<2>etc., rules and regulatory documentation in the field of industrial safety. Resolution of the Gosgortekhnadzor of Russia dated 06/05/2003 N 50 approved the Safety Rules in Coal Mines (as amended on 12/20/2010)<3>.
———————————
<1>NW RF. 1995. N 10. Art. 823; 1999. N 7. Art. 879; 2000. N 2. Art. 141; 2001. N 21. Art. 2061; N 33 (part 1). Art. 3429; 2002. N 22. Art. 2026; 2003. N 23. Art. 2174; 2004. N 27. Art. 2711; N 35. Art. 3607; 2006. N 17 (part 1). Art. 1778; N 44. Art. 4538; 2007. N 27. Art. 3213; N 49. Art. 6056; 2003. N 18. Art. 1941; N 29 (part 1). Art. 3418, 3420; N 30 (part 2). Art. 3616; 2009. N 1. Art. 17; N 29. Art. 3601; N 52 (part 1). Art. 6450; 2010. N 21. Art. 2527; N 31. Art. 4155; 2011. N 15. Art. 2018, 2025; RG. 2011. N 159; NW RF. 2011. N 48. Art. 6732; N 49 (part 1). Art. 7042; N 50. Art. 7343, 7359; 2012. N 25. Art. 3264; N 31. Art. 4322.
<2>NW RF. 1997. N 30. Art. 3589; 2001. N 1 (part 1). Art. 2; N 53 (part 1). Art. 5030; 2002. N 52 (part 1). Art. 5132; 2003. N 2. Art. 167; 2004. N 35. Art. 3607; N 52 (part 1). Art. 5038; 2005. N 19. Art. 1752; 2006. N 52 (part 1). Art. 5498; 2008. N 29 (part 1). Art. 3418; 2009. N 1. Art. 17; N 52 (part 1). Art. 6450; 2010. N 31. Art. 4195; RG. 2011. N 159, 160; NW RF. 2011. N 49 (part 1). Art. 7015, 7025; N 50. Art. 7359.
<3>RG. 2003. N 120/1; 2004. N 71; 2011. N 16.

Construction work refers to all construction production, i.e. production of general construction and special construction work carried out during new construction, expansion, reconstruction, technical re-equipment, major repairs of buildings and structures. This complex includes such work as drilling, excavation, stone, finishing, installation, start-up, adjustment, loading, unloading, repair and other work on a certain construction site, as well as outside the construction site, but in connection with such work to bring various communications for the supply of water, heat, gas, electricity, etc.
General requirements for construction work, including safety, are established by Resolutions of the State Construction Committee of Russia dated July 23, 2001 N 80 “On the adoption of building codes and regulations of the Russian Federation “Labor safety in construction. Part 1: General requirements. SNiP 12-03-2001"<1>and dated September 17, 2002 N 123 “On the adoption of building codes and regulations of the Russian Federation “Labor safety in construction. Part 2: Construction production. SNiP 12-04-2002"<2>.
———————————
<1>BNA. 2001. N 38.
<2>BNA. 2002. N 48.

Other work means work that is not related to mining and construction work, but is equated to them and also requires compliance with certain safety rules during their implementation due to the fact that these works have the same high level of possible injury to workers or causing material damage, for example installation and adjustment of cranes at a construction site, escalator, elevator, conveyor, other mechanisms in a mine, tunnel, etc.
4. Violations of safety rules when carrying out the specified work also cover cases of violations of labor protection and fire safety rules, and therefore do not require additional qualifications under Art. Art. 143 or 219 of the Criminal Code (see also paragraph 6 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated April 23, 1991 No. 1).
In order to avoid errors when qualifying actions that lead to harmful consequences during mining, construction and other work using special self-propelled machines (excavator, grader, scraper, etc.), courts should keep in mind that if a person driving a tractor or other self-propelled machine, violated the rules for the performance of certain works, safety regulations or other labor protection rules, even if these violations were committed while the machine was moving, the act must be qualified under the articles of the Criminal Code, providing for liability for violation of these rules, and in appropriate cases - for crimes against the life and health of citizens, destruction or damage to property (clause 7 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated April 23, 1991 No. 1).
5. The objective side of the crime is expressed in actions related to the violation of these rules (for example, issuing an Order or instruction to carry out work in violation of the rules for conducting mining work), or in inaction (for example, failure to comply with the requirements of a supervisory authority to comply with safety rules during construction work ), causing serious harm to human health or major damage.
6. The corpus delicti is material and is considered completed from the moment when serious harm to the health of at least one person is caused or major material damage is caused, the amount of which according to the note. for this article exceeds 500 thousand rubles.
7. The subjective side of the crime is characterized by a careless form of guilt.
8. Special subject of a crime - a person who is entrusted with the obligation to comply with safety rules when conducting mining, construction or other work (foreman, workshop manager, engineer, etc.).
9. Part 2 of the commented article provides for liability for the same act that negligently resulted in the death of one person, and part 3 - if it resulted in the death of two or more persons through negligence.

This text describes Article 216, Part 3 of the Criminal Code of the Russian Federation, as well as the basic concepts mentioned in it and the responsibility provided for by it. Currently, working professions related to mining and construction work are common. These professions are highly paid, but at the same time, dangerous. To avoid injuries to employees of the enterprise, as well as emergency situations, the management of such organizations, together with the Russian government, are developing and introducing a set of safety rules. They are approved by the relevant supervisory authorities and are compiled individually for each enterprise.

Mining and construction work and their concepts

In order to determine the elements of the crime provided for in Article 176 of the Criminal Code of the Russian Federation, it is necessary to fully study the concepts discussed in it.

Mining involves searching for and extracting minerals directly from the depths of the earth. They represent a set of techniques and methods for extracting archaic forms, such as oil, gas, gold, coal, precious stones, and so on.

Mining operations can be carried out on the surface of the earth; they are usually called open-pit mining. Activities performed by workers underground are called underground mining. With the help of water, as well as in rivers and reservoirs, gold and other useful materials are mined. This type of work is called underwater work.

Mining operations can be classified according to the method of carrying them out and the use of technology. Thus, work carried out using heavy mechanisms is called machine work. If mineral extraction occurs using explosive technology, then such work is called blasting. Hydraulic and geotechnological work is carried out using water and nanotechnology, developments, respectively. Drilling operations involve drilling wells containing oil, gas and other minerals. Thermal work is used in places where it is always cold, that is, permafrost.

Mining operations take place in several stages:

1. Finding the mining site;
2. Preparing the area for major work;
3. Cleaning the space intended for technical work;
4. Extraction of archaic material.

Construction work includes all types of activities of organizations related to the construction of buildings, structures, and structures. They can be either general construction or special construction. General construction includes such work as carpentry, finishing, electrical installation and the like.

Construction work is also divided into:

• Preparatory;
• Basic;
• Auxiliary;
• Hidden.

All construction work is carried out by a contractor. The relevant authorities monitor their implementation.

Other jobs include types of work such as the chemical and environmental industries.

Violation of safety rules during mining and construction work

For any mining or construction work, there is a set of safety rules that all workers must strictly follow. Violation of them is punishable in accordance with Article 216 of the Criminal Code of the Russian Federation.

In order for a crime to be considered committed and punishable under Criminal Article 216, a number of pieces of evidence must be presented to the court.

A crime committed under part three of this article is characterized by the following characteristics:

1. The offender did not intend to cause harm. Due to his imprudence and negligence, he neglected the safety rules;
2. His actions or inactions caused major damage to the organization, amounting to more than five hundred thousand rubles;
3. Criminal acts resulted in the death of two or more people;
4. The commission of a crime is confirmed by the testimony of witnesses and expert opinions;
5. The actions or inactions of the perpetrator resulted from the infliction of serious harm to the health of one or more people.

The accused in a case qualified by part three of criminal article 216 can only be a person who has reached the age of sixteen at the time of the commission of the crime.

Having proven the guilt of the accused, the court can decide on the appropriate punishment. For committing a crime without aggravating circumstances, the offender may receive five years of forced labor, and will also be deprived of the right to hold a certain position and perform certain types of work. Violations of safety rules that result in the death of several people are punished more severely. The criminal is imprisoned for seven years, and the court also decides on the possibility of releasing him from his position for a period of three years.

At first glance, crimes related to violation of safety rules do not seem to be of great gravity. But when a person’s life is at risk due to criminal acts or omissions of a negligent worker, then there is no need to classify them. Everyone will wait for a fair punishment.

In this article you learned what Article 216 Part 3 of the Criminal Code of the Russian Federation is. If you have any questions or problems that require the participation of lawyers, then you can seek help from the specialists of the Sherlock information and legal portal. Just leave a request on our website and our lawyers will call you back.

Editor: Igor Reshetov

[Criminal Code of the Russian Federation] [Chapter 24] [Article 216]

1. Violation of safety rules when conducting mining, construction or other work, if this entailed, through negligence, the infliction of serious harm to human health or major damage, -

shall be punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by restriction of freedom for a term of up to three years, or by forced labor for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities. for a term of up to three years or without it, or imprisonment for the same term with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it.

2. The same act, resulting in the death of a person through negligence, -

shall be punishable by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or without one.

3. An act provided for in the first part of this article, resulting in the death of two or more persons through negligence, -

shall be punishable by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or by imprisonment for a term of up to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or without one.

Note. In the articles of this chapter, major damage is recognized as damage the amount of which exceeds five hundred thousand rubles.

3 comments on the entry “Article 216 of the Criminal Code of the Russian Federation. Violation of safety rules when conducting mining, construction or other work.”

Article 216. Violation of safety rules when conducting mining, construction or other work

Commentary on Article 216

1. The main object of the crime is public safety during mining, construction or other work. An additional object is human health or property interests (part 1), as well as human life (parts 2 and 3).
2. The list of hazardous production facilities is given in Appendix 1 to the Federal Law of July 21, 1997 N 116-FZ “On the Industrial Safety of Hazardous Production Facilities” (as amended on June 25, 2012). Such facilities are subject to registration in accordance with the Rules for registering facilities in the state register of hazardous production facilities, approved by Decree of the Government of the Russian Federation of November 24, 1998 N 1371 (as amended on November 24, 2011).
———————————
NW RF. 1997. N 30. Art. 3588; 2000. N 33. Art. 3348; 2003. N 2. Art. 167; 2004. N 35. Art. 3607; 2005. N 19. Art. 1752; 2006. N 52 (part 1). Art. 5498; 2009. N 1. Art. 17, 21; N 52 (part 1). Art. 6450; 2010. N 30. Art. 4002; N 31. Art. 4195, 4196; 2011. N 27. Art. 3880; RG. 2011. N 159, 160; NW RF. 2011. N 49 (part 1). Art. 7015, 7025; 2012. N 26. Art. 3446.
NW RF. 1998. N 48. Art. 5938; 2005. N 7. Art. 560; 2009. N 18 (part 2). Art. 2248; 2011. N 7. Art. 979; N 48. Art. 6942.

3. The concept of mining is given in the Federal Law of June 20, 1996 N 81-FZ “On state regulation in the field of mining and use of coal, on the features of social protection of employees of coal industry organizations” (as amended on July 10, 2011), in the Unified Rules safety during the development of mineral deposits by open cast method, approved by Resolution of the State Mining and Technical Supervision of Russia dated 09.09.2002 N 57.
———————————
NW RF. 1996. N 26. Art. 3033; 2000. N 33. Art. 3348; 2004. N 35. Art. 3607; 2006. N 25. Art. 2647; 2007. N 31. Art. 4010; 2008. N 30 (part 2). Art. 3616; 2009. N 1. Art. 17; 2010. N 31. Art. 4155; 2011. N 19. Art. 2707; RG. 2011. N 159; 2012. N 159.
BNA. 2002. N 51.

Mining operations are a complex of works (production processes) for carrying out, securing, maintaining mine workings and extracting minerals. Open-pit mining of mineral deposits includes activities related to design, construction, operation, expansion, reconstruction, technical re-equipment, conservation and liquidation of open-pit mining facilities. The objects of open-pit mining are quarries, mines, dredge landfills, heap leaching facilities, as well as development sites for rock dumps, substandard ores of mines, open pits, hydraulic dumps of processing plants, ash dumps and slag dumps of thermal power plants and metallurgical enterprises. Construction, expansion, reconstruction, technical re-equipment, operation of open-pit mining facilities must be carried out in accordance with projects carried out taking into account the requirements of the above Federal Law, as well as the Law of the Russian Federation of February 21, 1992 N 2395-1 “On Subsoil” (as amended. dated December 30, 2012), Federal Law dated July 21, 1997 N 117-FZ “On the Safety of Hydraulic Structures” (as amended on December 7, 2011), etc., rules and regulatory documentation in the field of industrial safety. Resolution of the Gosgortekhnadzor of Russia dated 06/05/2003 N 50 approved the Safety Rules in Coal Mines (as amended on 12/20/2010).
———————————
NW RF. 1995. N 10. Art. 823; 1999. N 7. Art. 879; 2000. N 2. Art. 141; 2001. N 21. Art. 2061; N 33 (part 1). Art. 3429; 2002. N 22. Art. 2026; 2003. N 23. Art. 2174; 2004. N 27. Art. 2711; N 35. Art. 3607; 2006. N 17 (part 1). Art. 1778; N 44. Art. 4538; 2007. N 27. Art. 3213; N 49. Art. 6056; 2003. N 18. Art. 1941; N 29 (part 1). Art. 3418, 3420; N 30 (part 2). Art. 3616; 2009. N 1. Art. 17; N 29. Art. 3601; N 52 (part 1). Art. 6450; 2010. N 21. Art. 2527; N 31. Art. 4155; 2011. N 15. Art. 2018, 2025; RG. 2011. N 159; NW RF. 2011. N 48. Art. 6732; N 49 (part 1). Art. 7042; N 50. Art. 7343, 7359; 2012. N 25. Art. 3264; N 31. Art. 4322.
NW RF. 1997. N 30. Art. 3589; 2001. N 1 (part 1). Art. 2; N 53 (part 1). Art. 5030; 2002. N 52 (part 1). Art. 5132; 2003. N 2. Art. 167; 2004. N 35. Art. 3607; N 52 (part 1). Art. 5038; 2005. N 19. Art. 1752; 2006. N 52 (part 1). Art. 5498; 2008. N 29 (part 1). Art. 3418; 2009. N 1. Art. 17; N 52 (part 1). Art. 6450; 2010. N 31. Art. 4195; RG. 2011. N 159, 160; NW RF. 2011. N 49 (part 1). Art. 7015, 7025; N 50. Art. 7359.
RG. 2003. N 120/1; 2004. N 71; 2011. N 16.

Construction work refers to all construction production, i.e. production of general construction and special construction work carried out during new construction, expansion, reconstruction, technical re-equipment, major repairs of buildings and structures. This complex includes such work as drilling, excavation, stone, finishing, installation, start-up, adjustment, loading, unloading, repair and other work on a certain construction site, as well as outside the construction site, but in connection with such work to bring various communications for the supply of water, heat, gas, electricity, etc.
General requirements for construction work, including safety, are established by Resolutions of the State Construction Committee of Russia dated July 23, 2001 N 80 “On the adoption of building codes and regulations of the Russian Federation “Labor safety in construction. Part 1: General requirements. SNiP 12-03-2001" and dated 09.17.2002 N 123 "On the adoption of building codes and regulations of the Russian Federation "Labor safety in construction. Part 2: Construction production. SNiP 12-04-2002".
———————————
BNA. 2001. N 38.
BNA. 2002. N 48.

Other work means work that is not related to mining and construction work, but is equated to them and also requires compliance with certain safety rules during their implementation due to the fact that these works have the same high level of possible injury to workers or causing material damage, for example installation and adjustment of cranes at a construction site, escalator, elevator, conveyor, other mechanisms in a mine, tunnel, etc.
4. Violations of safety rules when carrying out the specified work also cover cases of violations of labor protection and fire safety rules, and therefore do not require additional qualifications under Art. Art. 143 or 219 of the Criminal Code (see also paragraph 6 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated April 23, 1991 No. 1).
In order to avoid errors when qualifying actions that lead to harmful consequences during mining, construction and other work using special self-propelled machines (excavator, grader, scraper, etc.), courts should keep in mind that if a person driving a tractor or other self-propelled machine, violated the rules for the performance of certain works, safety regulations or other labor protection rules, even if these violations were committed while the machine was moving, the act must be qualified under the articles of the Criminal Code, providing for liability for violation of these rules, and in appropriate cases - for crimes against the life and health of citizens, destruction or damage to property (clause 7 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated April 23, 1991 No. 1).
5. The objective side of the crime is expressed in actions related to the violation of these rules (for example, issuing an Order or instruction to carry out work in violation of the rules for conducting mining work), or in inaction (for example, failure to comply with the requirements of a supervisory authority to comply with safety rules during construction work ), causing serious harm to human health or major damage.
6. The corpus delicti is material and is considered completed from the moment when serious harm to the health of at least one person is caused or major material damage is caused, the amount of which according to the note. for this article exceeds 500 thousand rubles.
7. The subjective side of the crime is characterized by a careless form of guilt.
8. Special subject of a crime - a person who is entrusted with the obligation to comply with safety rules when conducting mining, construction or other work (foreman, workshop manager, engineer, etc.).
9. Part 2 of the commented article provides for liability for the same act that negligently resulted in the death of one person, and part 3 - if it resulted in the death of two or more persons through negligence.

Article 216. Violation of safety rules when conducting mining, construction or other work

Commentary on Article 216

1. The object of the crime is public safety in the field of mining, construction and other work.
Mining work is a complex of works related to the excavation of rocks, excavation, construction and maintenance of mine workings.
Construction work is the construction and reconstruction of various buildings and other objects.
Other work may include, in particular, blasting work that is not related to work at explosive facilities or in explosive workshops.
2. The objective side of the crime is characterized by the following features: a) violation of safety rules when conducting mining, construction or other work; b) causing serious harm to human health or major damage; c) the causal relationship between these violations and harmful consequences.
3. Article 216 of the Criminal Code has a blanket disposition, therefore, to establish signs of a criminal act, it is necessary to refer to special safety rules for mining, construction or other work. Thus, violation of the rules when conducting mining operations may consist of improper fastening in the longwalls, failure to provide the faces with the necessary ventilation, failure to fence off areas where excavations fail; when conducting construction work - failure to comply with the rules of blasting operations, failure to provide the construction site with protective equipment, violation of the rules for operating construction mechanisms, etc.
4. This crime has a material composition, i.e. it is considered completed from the moment the consequences occur in the form of causing serious harm to human health or major damage, the amount of which exceeds 500 thousand rubles.
5. The subjective side of the crime is characterized by careless guilt (in the form of both frivolity and negligence).
6. A special subject of a crime is a person who has reached the age of 16 and is obliged to comply with safety rules.
7. In part 2 of Art. 216 of the Criminal Code provides for liability for the same act that negligently resulted in the death of a person, and in Part 3 of this article - for the same act that negligently resulted in the death of two or more persons.

Article 216. Violation of safety rules when conducting mining, construction or other work

The public danger of violating safety rules when carrying out construction and other types of work is that such acts can entail adverse consequences for the life and health of not only persons performing various types of work, but also for other persons who find themselves in the area of ​​their implementation and also cause major material damage. However, these circumstances are not always taken into account when applying Art. 216 of the Criminal Code of the Russian Federation. A study of the practice of initiating criminal cases based on violations of safety rules when performing construction and other types of work allows us to identify the following problems.

1. An incorrect assessment of the type of work performed entails in a number of cases the erroneous classification of such acts as careless attacks on the person (Part 2 of Article 109, Part 2 of Article 118 of the Criminal Code of the Russian Federation). It should be taken into account that construction work is a generic concept for a group of specialized works. The Plenum of the Supreme Court of the USSR in paragraph 10 of the resolution “On the practice of application by courts of criminal legislation aimed at protecting safe working conditions and the safety of mining, construction and other work” dated December 5, 1986 No. 16 explained that construction work means:

a) earthwork, stone, concrete, installation, dismantling, insulation, roofing, electrical installation, finishing, sanitary, loading and unloading and other work performed at the construction site in connection with the construction, reconstruction, repair, movement or demolition of residential buildings, premises and structures for production, storage, household, public and other purposes;

b) work outside the construction site related to the repair and installation of communication lines, electrical networks, roads, heat supply communications, gas supply, water supply, sewerage and other engineering networks.

In this regard, the Leningrad Regional Court’s qualification of R.’s actions on the grounds of Part 2 of Art. 143 of the Criminal Code of the Russian Federation. The operator of the self-propelled roller R. was carrying out asphalt concrete work to repair the road. He saw that the driver V. stopped his roller in the working area, got out of it and stood next to him; having violated the safety rules, despite the emergency braking, R. hit V. with a moving roller, who was sandwiched between two rollers. By his actions, R. violated the requirements of paragraphs. 36, 38 of the Standard Labor Safety Instructions for road roller operators, approved by the First Deputy General Director of the Federal Road Department of the Ministry of Transport of Russia on March 11, 1993, and the requirements of the Labor Safety Instructions for road roller drivers, approved by the General Director of the JSC on May 5, 2003. As a result criminal negligence R. negligently caused V. serious harm to health on grounds of danger to life, which resulted in his death at the scene (1).

In this situation, it appears that there were all grounds to qualify R.’s actions under Part 2 of Art. 216 of the Criminal Code of the Russian Federation for the following reasons: a) a special type of construction work took place, namely the laying of roads; b) R. does not correspond to the characteristics of a subject of a crime under Art. 143 of the Criminal Code of the Russian Federation, since according to the explanations given in

clause 3 of the resolution of the Plenum of the Supreme Court of the Russian Federation “On judicial practice in cases of violations of labor protection and safety rules during mining, construction or other work” dated April 23, 1991 No. 1, liability under Art. 143 of the Criminal Code of the Russian Federation may be borne by persons who, by virtue of their official position or by special order, are directly charged with the obligation to ensure compliance with the rules and regulations of labor protection in a certain area of ​​work, as well as heads of enterprises and organizations, their deputies, chief engineers, chief specialists of enterprises, if they did not take measures to eliminate violations of labor safety rules known to them, or gave instructions that contradict these rules, or, having taken on direct management of certain types of work, did not ensure compliance with the same rules. The current version of Art. 143 of the Criminal Code of the Russian Federation has actually changed the approach to understanding the subject of this crime - he is the person who is entrusted with the obligation to comply with labor protection rules. This description of the characteristics of the subject corresponds to the responsibilities assigned to each employee by labor legislation (Articles 21, 214 of the Labor Code of the Russian Federation).

Under other works in relation to Art. 216 of the Criminal Code of the Russian Federation should be understood as any production work equated to mining or construction in terms of the level of complexity and probable injury to both workers and other persons and causing material damage, which therefore requires compliance with special safety rules during their implementation (welding, loading and unloading outside the construction site, snow removal, etc. (1).

In general, the list of mining, construction and other works is contained in the Unified Tariff and Qualification Directory of Work and Professions of Workers, approved by Decree of the Government of the Russian Federation of October 31, 2002 No. 787. Requirements for the safe conduct of certain types of work, for example, are regulated by the Intersectoral Rules for the Protection labor during loading and unloading operations and placement of goods (POT RM-007-98), approved by Resolution of the Ministry of Labor and Social Development of the Russian Federation of March 20, 1998 No. 16.

In each case of violation of the rules for conducting construction or other types of work, it must be established and reflected in procedural documents by whom and what specific points of the safety rules for conducting work were violated.

2. The use of sources of increased danger when performing various types of work requires detailed legal regulation of their handling and strict adherence to established rules. It is worth noting that the general requirements for the safe conduct of general construction and special construction work are determined by the regulations of the State Committee of the Russian Federation for Construction and Housing and Communal Services (2). The most common violations of special rules for conducting construction and other types of work are:

a) lack of designation of hazardous areas within which work is carried out, or their improper designation.

By the verdict of the Kalininsky District Court of St. Petersburg dated September 13, 2012, L. was found guilty under Part 2 of Art. 216 of the Criminal Code of the Russian Federation. L. was accused of being the head of the production site at the power supply facility of the administrative and amenity complex of the closed joint-stock company, responsible for the maintenance of the territory

work zone, obliged to manage the production and economic activities of the site, ensure the use of technological equipment, construction machines, did not properly ensure and organize the safe maintenance of the work zone territory, as a result, a person died from burns received as a result of his fall in a ravine with hot water formed when a heating main broke;

b) the use in carrying out work of mechanisms, devices and installations that are not technically suitable for carrying out specific types of work.

Thus, by the verdict of the Kalininsky District Court of St. Petersburg dated November 23, 2011, A. and G. were found guilty of committing a crime under Part 3 of Art. 216 of the Criminal Code of the Russian Federation. A. is the head of the section at the CJSC, and G. is the work foreman at the CJSC, appointed responsible for the safe execution of work on routine repairs of the overpass. While carrying out routine repairs of the overpass in accordance with the contract, G. did not properly ensure and organize the safe execution of the work.

While performing asphalt paving work for routine repairs of the overpass, the gas cylinder installed on the asphalt paver was destroyed. At the same time, a volley of hydrocarbon gases occurred, a gas-air cloud of propane-butane formed, which flared up. One of the reasons for the destruction of the gas cylinder was the poor quality of manufacture of the longitudinal weld seam of the shell. As a result of the destruction of the gas cylinder, the driver of the asphalt paver B., as well as K., suffered bodily injuries regarded as grievous harm to health. The victims died from their injuries in a thermal burns clinic. In addition, as a result of the destruction of the gas cylinder, T. suffered bodily injuries regarded as serious harm to health;

c) lack of proper safety instructions;

d) lack of necessary control over compliance with safety regulations during work;

e) granting access to work requiring special training to persons who do not have sufficient qualifications;

f) violation of the rules for operating complex mechanisms and devices, etc.

As the Plenum of the Supreme Court of the Russian Federation explained, actions that resulted in harmful consequences during mining, construction and other work using special self-propelled machines (excavator, grader, scraper, bulldozer, etc.) committed by a person driving a self-propelled machine and violating the special rules for the production of certain works should be qualified according to Art. 216 of the Criminal Code of the Russian Federation, even if these violations were committed while the car was moving (1).

Thus, by the verdict of the Petrogradsky District Court of St. Petersburg dated May 4, 2011, K. was found guilty of committing a crime under Part 2 of Art. 216 of the Criminal Code of the Russian Federation. K. was accused of driving a backhoe loader owned by the LLC, carrying out work to clear snow from the roadway, and moving in reverse, hitting G., as a result of which the latter died at the scene.

3. When qualifying a violation of safety rules during construction and other work, it is necessary to establish whether there is a causal connection between these violations and the socially dangerous consequences that have occurred or the presence of a real danger of the occurrence of such consequences.

4. Since the corpus delicti under Art. 216 of the Criminal Code of the Russian Federation, formulated as a material, mandatory sign of the objective side is the occurrence of socially dangerous consequences in the form of serious harm to human health or death or major damage. The crime is admitted

completed only if one of the specified consequences occurs. Socially dangerous consequences are characterized by causing harm to additional direct objects of the crime in question - human life and health, as well as property. Causing harm to these benefits does not require additional qualification under the relevant articles of the Special Part of the Criminal Code of the Russian Federation, which provides for liability for crimes against persons and property.

5. It should be taken into account that special rules are intended for people of certain categories - special subjects who are entrusted with the performance of duties strictly defined by these rules when carrying out specific types of work. Responsibility under Art. 216 of the Criminal Code of the Russian Federation, in contrast to Art. 143 of the Criminal Code of the Russian Federation (1), may bear:

a) persons who are entrusted with the obligation to comply with the rules and regulations of labor protection;

b) employees whose permanent or temporary activities are related to the production of a specific type of work.

Quite often there are situations where the relationship between an employer and a person who carried out specific types of work, committed a violation of special safety rules and caused by his actions the consequences specified in Art. 216 of the Criminal Code of the Russian Federation, are not properly formalized. As a consequence, problems arise in assessing the actual relationship between employer and employee in the field of ensuring safe working conditions. Making a decision on possible qualifications often depends on establishing the type and content of legal relations that have arisen between these persons: civil or labor relations.

Labor relations in accordance with Art. 15 of the Labor Code of the Russian Federation are relationships based on an agreement between the employee and the employer on the personal performance by the employee for payment of a labor function (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; the specific type of work entrusted to the employee), the employee’s subordination to internal rules labor regulations when the employer provides working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, employment contracts. Labor relations arise between an employee and an employer on the basis of an employment contract (Part 1 of Article 16 of the Labor Code of the Russian Federation). In accordance with Part 3 of Art. 16 of the Labor Code of the Russian Federation, labor relations between an employee and an employer can also arise on the basis of the employee’s actual admission to work with the knowledge or on behalf of the employer or his representative in the case where the employment contract was not properly drawn up. Based on this, we can conclude that the actual performance of work can be assessed as an employment relationship, but only if the requirements of Art. 15 of the Labor Code of the Russian Federation, otherwise we can only talk about civil law relations. In accordance with Part 1 of Art. 212 of the Labor Code of the Russian Federation, the responsibility for ensuring safe conditions and labor protection rests with the employer. Therefore, when establishing the actual labor relations that have arisen between the employer and the employee, raising the issue of criminal liability is legitimate.

Civil legal relations in the analyzed situation can be based on a contract. In accordance with Part 1 of Art. 702 of the Civil Code of the Russian Federation, under a contract, one party (contractor) undertakes to perform certain work on the instructions of the other party (customer) and deliver its result to the customer, and the customer undertakes to accept the result of the work and pay for it. In accordance with Art. 703 of the Civil Code of the Russian Federation, a contract is concluded for the manufacture or processing (processing) of a thing or for the performance of other work with the transfer of its result to the customer.

In accordance with Part 1 of Art. 740 of the Civil Code of the Russian Federation, under a construction contract, the contractor undertakes, within the period established by the contract, to build a certain object on the instructions of the customer or to perform other construction work, and the customer undertakes to create the necessary conditions for the contractor to perform the work, accept their result and pay the agreed price. In this case, the responsibility to ensure compliance with safety rules falls on the contractor.

6. The following categories of persons may become victims in the event of a violation of safety rules during construction and other work: employees of the organization performing construction work or other types of work; persons who accidentally find themselves in the work area or live in this area and are consumers of the services provided by this organization.

Taking this circumstance into account, we can conclude that in cases where, as a result of a violation of safety rules during construction or other work, persons who are consumers of the service were injured, the actions of the perpetrators must be qualified under Art. 238 of the Criminal Code of the Russian Federation.

In cases where there is a violation of the rules of household precautions by persons not related to permanent or temporary work at the relevant facility, which through negligence resulted in the infliction of serious harm to health or the death of a person or caused major damage, this act must be qualified under the articles of the Special Part of the Criminal Code of the Russian Federation taking into account the actual harm caused (for example, under Articles 109, 118, 168).

Thus, by the verdict of the Kalininsky District Court of St. Petersburg dated March 19, 2012, K. was found guilty of committing a crime under Part 1 of Art. 109 of the Criminal Code of the Russian Federation. The preliminary investigation authorities accused K. of the fact that, acting in violation of the Regulations on measures to strengthen control over the state of external improvement of St. Petersburg, approved by the Order of the Administration of St. Petersburg dated September 23, 2002 No. 1784-ra, he carried out re-equipment located in his apartment located at the address: St. Petersburg, st. Zamshina, 27, bldg. 1, apt. 278, balcony, and subsequently, acting in violation of the Rules for cleaning, ensuring cleanliness and order in the territory of St. Petersburg, approved by Decree of the Government of St. Petersburg dated October 16, 2007 No. 1334, seeing ice formed on the balcony belonging to him, did not remove them in a timely manner , which led to a spontaneous fall of ice, and subsequently to the death of the victim L. Thus, K. did not foresee the possibility of socially dangerous consequences in the form of L.’s death and did not want them to occur, although with the necessary care and foresight he should have and could have foreseen the onset of these socially dangerous consequences, i.e. committed a crime under Part 1 of Art. 109 of the Criminal Code of the Russian Federation.

7. Quite often questions arise related to the delimitation of the crime under Art. 216 of the Criminal Code of the Russian Federation, from the crime under Art. 143 of the Criminal Code of the Russian Federation. When resolving this issue, it seems that we must proceed from the fact that Art. 216 of the Criminal Code of the Russian Federation provides for liability for violation of special safety rules for conducting work, Art. 143 of the Criminal Code of the Russian Federation regulates liability for violation of general labor protection requirements in any area. In this regard, the position of the Supreme Court of the Russian Federation raises some doubts, which in paragraph 6 of the resolution “On judicial practice in cases of violations of labor protection and safety rules during mining, construction or other work” dated April 23, 1991 No. 1 states, that when delimiting the compositions under consideration, one should proceed from the specific work in which safety rules were violated, and if the violation was committed during mining, construction and other work, it recommends that the act be qualified under Art. 216 of the Criminal Code of the Russian Federation. It seems that these crimes are intersecting, but not in a competitive relationship with each other.

www.procuror.spb.ru

Article 216 of the Criminal Code of the Russian Federation. Violation of safety rules during mining, construction or other work (current version)

1. Violation of safety rules when conducting mining, construction or other work, if this entailed, through negligence, the infliction of serious harm to human health or major damage, -

Note. In the articles of this chapter, major damage is recognized as damage the amount of which exceeds five hundred thousand rubles.

Commentary to Art. 216 of the Criminal Code of the Russian Federation

1. Mining work includes the construction, reconstruction, repair and operation of drilling rigs, mines, mines for the extraction of minerals, rocks, as well as the construction and repair of underground structures not related to the extraction of minerals, such as subways and tunnels.

Construction work means excavation, stone, concrete, installation, dismantling, insulation, roofing and other work performed on a construction site in connection with the construction, reconstruction, repair, movement or demolition of residential buildings, premises and structures for industrial and other purposes, as well as work outside the construction site related to the repair and installation of communication lines, electrical networks, roads, heat supply communications, gas supply and other engineering networks.

Others are understood as work similar to mining and construction, which have the same degree of public danger and can cause harm to human health; when carrying out them, it is also necessary to comply with certain rules (for example, work on gas and electric welding, decontamination of the area).

2. The objective side of the crime consists of:

1) from violation of safety rules when conducting mining, construction or other work;

2) causing serious harm to human health or major damage;

3) a causal relationship between these violations and harmful consequences.

3. The crime is completed from the moment the consequences occur in the form of causing serious harm to health or major damage. Major damage is considered to be damage whose amount exceeds 500 thousand rubles. (see note to Article 216 of the Criminal Code).

4. The subjective side of the crime is characterized by a careless form of guilt.

5. Special subject of a crime - a person who, by the nature of his activity, is associated with mining, construction or other work and is obliged to comply with or ensure compliance with the relevant safety rules.

6. When delimiting the crime in question from the act provided for in Art. 143 of the Criminal Code, it is necessary to take into account during which work safety rules were violated. If a violation of these rules (including labor safety rules) was committed during mining or construction work, then the offense must be qualified under Art. 216 of the Criminal Code (clause 6 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of April 23, 1991 No. 1 “On judicial practice in cases of violations of labor protection and safety rules during mining, construction or other work”).

www.zakonrf.info

2. The same act, resulting in the death of a person through negligence, -

shall be punishable by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or without one.

3. An act provided for in the first part of this article, resulting in the death of two or more persons through negligence, -

Commentary on Article 216 of the Criminal Code of the Russian Federation

1. The object of the crime is public safety during mining, construction and other work. For the main crime, the additional object is human health or property relations, for a qualified crime - the life of a person, for a particularly qualified crime - the life of two or more persons.

2. Victim - any person who suffered harm to health or death while carrying out the work specified in the disposition.

3. Objective side - an act (action or inaction) that violates established rules; the consequences specified in part 1, 2 or 3 of Art. 216, the causal connection between them. The crime is over from the moment the consequences actually occur. On the concept of grievous bodily harm, see the commentary to Art. 111 of the Criminal Code. In each case, it is necessary to establish which specific rule was violated during mining, construction or other work.

4. Crimes provided for in this article can only be committed through negligence.

5. Special subject of a crime - a person directly related to the performance of the work specified in the article, who is entrusted with the responsibilities of complying with the rules: the safety officer, ordinary employees.

Article 216. Violation of safety rules when conducting mining, construction or other work

1. Violation of safety rules when conducting mining, construction or other work, if this entailed, through negligence, the infliction of serious harm to human health or major damage, -

shall be punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by restriction of freedom for a term of up to three years, or by forced labor for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities. for a term of up to three years or without it, or imprisonment for the same term with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it.

2. The same act, resulting in the death of a person through negligence, -

3. An act provided for in the first part of this article, resulting in the death of two or more persons through negligence, -

shall be punishable by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or by imprisonment for a term of up to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or without one.