Violation of labor protection rules: responsibilities, requirements and types

The right of everyone in Russia to work in favorable conditions of work, which will meet the rules of safety and hygiene, is enshrined in the Constitution.

Violation of labor protection rules: duty and responsibility

The labor industry of Russia's law develops constitutional provisions and imposes an obligation to ensure a safe labor process, the conditions of which will meet the regulatory requirements of the state, directly to the employer. This fact is enshrined in Article 22. Simultaneously, 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 articles 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

In this legal norm, the types (exhaustive list) of liability for violation of the established mandatory requirements of the OT, committed by the official, to whom the duties (duties) were assigned 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, the requirements of RT should be understood as state standards, which are contained in federal laws and other NPA 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.

Causing serious harm

The criminal liability for violation of the rules of labor protection, as a result of which, by carelessness to human health, damage is caused, classified as grave, implies one of the following sanctions:

• Fine up to 400 thousand rubles. Or in the amount equal to the salary (or other income of the convict) for a period of up to 1.5 years;
• From 180 to 240 hours of compulsory work;
• Up to 2 years of correctional labor;
• Up to 1 year of forced labor;
• Up to 1 year of imprisonment; An additional convicted person may be deprived of the right to hold a certain position, or engage in a particular type of activity for a period of up to a year.

What threatens in the event of a fatal outcome?

The criminal liability for violation of the rules of labor protection, as a result of which, by negligence, a person has been killed:

• Up to 4 years of forced labor;
• Imprisonment for up to 4 years, additionally deprivation of the right to conduct certain activities or hold a specific position up to 3 years.

If by negligence of the person for whom duties (duties) for observance of the OT rules were imposed, two or more people were killed, the above terms increase for a year, that is, up to 5 and 4 years, respectively.

What is the object of the crime?

The article 143 (violation of the labor protection rules) of the Criminal Code of the Russian Federation, which we consider, contains an indication of two objects of encroachment (direct): the primary and the secondary. The first one means such public relations that ensure the observance of the rules of the OT, including safety engineering. An additional object of this norm is the life and / or health of people. At the same time, not only employees of the enterprise may be injured, but also other persons whose activities on a permanent or temporary basis are somehow connected with the company.

Objective side: the characteristic

The objective side of the criminal act in question (violation of the rules of labor protection) has three mandatory characteristics, namely:

1. The act (inaction or action) associated with violation of the rules of the OT, including safety.
2. Consequence: death of an employee or harm to his health, defined as serious.
3. The presence between the act and the adverse consequences of a causal relationship.

By design, the composition of this crime is material and has a specific nature. A criminal act is considered to be completed at the moment of causing harm to the injured victim, defined as serious. In each specific case, a forensic medical examination is compulsorily organized. In cases where violation of the OT rules does not lead to the occurrence of the consequences indicated above, the composition of the attempt is not formed, since it does not apply to the subject of criminal law regulation.

Subject and subjective side

The criminal law, which establishes liability for violation of the rules of labor protection, has a special subject. This is the person for whom the organization was entrusted with duties (duties) for compliance in the organization (in production, on site) of safety precautions (TB) and other OT rules or monitoring 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, the presence of intention for the onset of grave consequences for the victim or his death, then it will already be criminal liability for a crime directed against health and / or human life.

Thus, the violation of the rules of labor protection (CC RF, 143-st art.) Has one qualifying feature - the existence of a causal relationship between the act and the effect. In other words, death or injury to health (only grave) must be the result of violation of the rules of the OT.

Restriction from Art. 285, 293 of the Criminal Code of the Russian Federation

Agree, the violation of labor protection rules is close enough in meaning to the norms of Art. 285, 293 of the criminal legislation, regulating abuse of office and negligence, respectively. In practice, such situations happen quite often, and one must competently separate one from another. Analysis and demarcation is carried out based on labor duties that were assigned to this or that official. In the crime under art. 143 The subject, as already mentioned, is a person who was directly responsible for ensuring labor safety, compliance with the rules of the RT and which they ignored or performed in bad faith.

In the case of Art. 293 everything is somewhat different. The subject will be one who according to his official position was required to have information about how things are in the workplace or in the organization for ensuring labor safety, and take appropriate measures to avoid an accident.

Practice of ships

The practice of cases of bringing to responsibility for violation of labor protection rules (CC RF) is reflected in the RF Armed Forces Decree No. 1 of 24.04.1991. Let us dwell on some explanations.

According to the provisions of the resolution, the liability for the 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 the act, namely the violation of the rules and regulations of the OT, is committed by an employee who is not a person specified in the norm of Article 143 of the Criminal Code, but his action or inaction entailed the onset of consequences, then the act is regarded as a crime committed against the person.

When assigning punishment, judges are obliged to take into account the types of violations of labor protection rules that took place, their nature, the severity of the consequences that occurred as a result of their commission, as well as other circumstances in accordance with the Criminal Code. Taking them into account, the issue of appointing not only a basic punishment, but also an additional one, should be discussed.