of September 28, 2005 No. 8
About court practice on cases on abuse of regulations of safety in case of works, industrial safety rules and fire safety (the Art. of Art. 302-306 of UK)
Having discussed practice of application by courts of the legislation on the criminal cases connected with abuse of regulations of safety in case of works, industrial safety rules and fire safety, the Plenum of the Supreme Court of the Republic of Belarus
1. Draw the attention of courts that public danger of the crimes connected with abuses of regulations of technological discipline, safety rules in case of production of certain work type, industrial safety rules and fire safety consists in creation of real threat of life or to health of the person, in approach of essential material damage or other heavy effects. Therefore hearing of cases about such crimes in strict accordance with the law shall promote accident prevention and industrial traumatism, to strengthening of labor and performing discipline, providing procedure and organization in case of performance of works.
2. Courts should mean that the responsibility basis according to the Art. of Art. 302-306 of UK is approach of socially dangerous effects specified in dispositions of these Articles. At the same time condition of approach of responsibility on p.1 Art. 302 of UK on the basis of threat of explosion is such abuse of regulations of technological discipline, safety rules at the explosive companies, in explosive workshops or safety rules of explosive works which created real threat of explosion, but the specified effect did not come only thanks to combination of circumstances or as a result of timely taken measures for prevention of explosion.
3. Taking into account blanket nature of dispositions of the Art. of Art. 302-306 of UK the resolution on attraction as the person accused and in sentence shall contain specifying about that what requirements of regulations of the corresponding regulatory legal acts (rules, provisions, instructions, state standards, construction regulations and governed, etc.) containing safety rules or labor protections were violated by the guilty person and in what violations were specifically expressed.
For this category it is necessary to research comprehensively question of causal relationship between the allowed violations and the come effects. In case of not establishment of direct causal relationship criminal liability of person which allowed violations is excluded.
4. In relation to Art. 303 of UK it is necessary to carry all types of such works performed both on the building site to construction works and out of it. Also others treat the works performed on the building site in connection with construction, reconstruction, repair, movement or demolition of residential buildings, rooms and constructions earth, stone, concrete, mounting, dismantling, insulating, roofing, finishing, handling. Works out of the building site are connected with repair and laying of communication lines, power supply networks, roads, sewerages, communications of gas supply, water supply, heat supply and other engineering networks.
It is necessary to understand operation on construction, reconstruction, operation and repair of drilling rigs, mines and other developments on mining as the mining operations specified in Art. 303 of UK by both underground, and open method, and also construction and repair of the underground constructions which are not connected with mining (the subway, tunnels, etc.). In case of the solution of question of reference of specific works to mountain it is necessary to proceed from sense of the Art. of Art. 70-74 of the Code of the Republic of Belarus about the subsoil about providing safe operation connected with use of natural resources.
5. Explain to courts that the crimes provided by the Art. of Art. 302-306 of UK belong to the crimes committed on imprudence as the subjective party of these illegal acts is determined by the careless relation of the guilty person to possibility of approach of socially dangerous effects. If approach of criminal result was covered by intention of the guilty person, the deeds are subject to qualification under the articles of the Criminal Code providing responsibility for intentional crimes.
6. Subjects of the crimes provided by the Art. of the Art. 302, 303 UK are both the official, and other persons obliged to follow the existing rules of technological discipline and safety at the explosive companies or in explosive workshops in case of explosive, and also mining or construction works.
The crime provided by Art. 304 of UK can be made by persons, actionees of fire safety regulations. Officials (heads of the organizations, irrespective of patterns of ownership, or their structural divisions), other workers to whom the existing rules (instructions) or the special order assign obligation to provide observance of fire safety regulations on certain site of work (foremen, masters) or to carry out them (electric welders, storekeepers), and also citizens which owing to the Republic of Belarus assigned by the Law of June 15, 1993 treat them. "About fire safety" and other regulatory legal acts of responsibility for violation of requirements of fire safety shall follow these rules (tenants, owners of apartment houses, dachas and other structures).
Persons responsible for observance of projects, mandatory requirements of technical regulatory legal acts in case of production of installation and construction works (chief engineers, foremen, masters, etc.), are subjects of the crime provided by Art. 305 of UK.
Any persons can be the victims from these crimes.
7. Responsibility according to Art. 306 of UK is born only by officials to whom owing to their office powers or according to the special order the obligation is directly assigned to provide observance of industrial safety rules on certain site of work.
Heads of the companies, organizations and organizations, their deputies, chief engineers, chief specialists can be made responsible under this Article if they did not take measures to elimination of obviously known abuse of regulations of labor protection, or instructed, contradicting these rules, or, having undertaken direct management of separate work types, did not provide observance of the same rules.
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