In Russia there are standards of labor protection.And to monitor the safety of employees should be certain citizens. After all, non-compliance with these is a crime, and of a criminal nature. For it is supposed to suffer punishment in one way or another. Which one? This is indicated by Article 143 of the Criminal Code of the Russian Federation. It addresses 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 crime are mentioned here. So what is the charge for this violation?
Money
Если нарушение охраны труда было совершено лицом, on which this responsibility was assigned, taking into account the negligent injury to life and health of citizens, this will not be punished very seriously. According to the norms that Article 143 of the Criminal Code of Russia dictates, a criminal can 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 imposed by the court after considering all the specifics of the crime. Also, instead of a fixed fine, the defendant is able to withdraw income for 1.5 years.
Violations and labor
На этом возможные меры не заканчиваются.The thing is that rarely criminal offenses are accompanied only by fines. Often they imply several penalties - 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, when negligently caused by grave harm to human health due to non-observance of the established standards for the protection of work, the appointment of social labor is deemed to be. Namely, compulsory, corrective, forced labor.
They have different duration.And the exact term of serving the sentence will be established directly by the court. But only taking into account the limitations specified in the article. For compulsory work it is 240 hours (minimum 180), for correctional - 24 months, and compulsory maximum can last 1 year. These are the rules that are currently envisaged. Only Article 143 of the Criminal Code contains information not only about these measures.
freedom
The most serious punishment in the entire criminalcode is considered an encroachment on human freedom. It can be expressed in various forms: arrest, imprisonment or a suspended sentence. And many are afraid of prisons. This serves as a perfect motivation for the "upbringing" of the population.
Therefore, for violation of labor protection standardsimprisonment. Or rather, imprisonment. It can last up to 12 months. Only the article also states that under certain circumstances (to be more precise, at the discretion of the judiciary) another penalty for the offender is additionally imposed on imprisonment.
Namely, the deprivation of the right to engage in activitiesof a certain type, as well as the imposition of restrictions on certain workplaces. Usually the maximum this supplement lasts up to 1 year. And nothing more. Not too scary, but with employment there will be certain problems.
Death of man
Article 143 (part 2) of the Criminal Code of the Russian Federation indicates possible penalties imposed for violation of established occupational safety measures. But only in the event that carelessness led to the death of one person.
In this case, there are only two measures: forced labor and imprisonment. Moreover, social work is very rarely appointed in practice. And it can last for a maximum of 4 years.
But imprisonment is considered the bestdecision. It is the most serious penalty for criminal offenses. And even more so for the death of an innocent person. Deprivation of liberty, according to the legislation, laid for violation of labor protection, accompanied by the death of one person, is 48 months. As an additional measure - a taboo to work in certain positions and in specific areas of activity for 3 years.
Mass death
Of particular interest are convictions under article 143p3 of the Criminal Code. The point is that this part indicates penalties for violation of the norms of labor protection, which entailed, by carelessness, the death of several people.
How to be in this case?Under similar circumstances, the same penalties are imposed 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 punishment will increase by several years.
Так, к примеру, работы и лишение свободы способны reach the limit of 5 years. A taboo, if any, restricts the offender to work for only 36 months. It would seem that not too serious punishment. Especially forced labor. Only in reality, in cases of violations of labor protection, as well as in the case of mass death due to this deed, it is deprivation of liberty.
Comments
This concludes article 143 of the Criminal Code of the Russian Federation.Judicial practice is simply unthinkable without taking into account the comments. After all, they reveal many aspects of the crime. For example, what is meant by violation of labor protection standards.
Such requirements include statestandards in the field of labor protection, which are prescribed in federal laws and other regulations of the country. The danger of a crime lies in the violation of the Constitution of the Russian Federation. Namely, 37 of her articles (2 parts). It is also an obstacle to compliance with the Labor Code. More precisely, it is about ensuring the safety of life and health of employees (Article 210 of the TC).
But it is worth paying attention to one morefeature. The commentary to Article 143 of the Criminal Code of the Russian Federation indicates that the perpetrator of the crime is special. Namely, a specific person who was supposed to monitor compliance with labor protection regulations because of his official position. It can also include: leaders 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.
