Анализ судебных решений по результатам оценки действий подразделений пожарной охраны при тушении пожаров

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Introduction. The article presents an analysis of the materials of judicial practice, definitions, decisions of the courts of the first, appellate and cassation instances, when making decisions on actions in the organization of fire extinguishing. The statements of claim are considered, which issues are most often submitted for court permits. Research objectives. The purpose of the study is to analyze the materials of judicial practice, which decisions are most often made by courts when considering cases related to actions aimed at extinguishing fires. Research methods. In the course of the study, the method of system analysis was used. The results of the study. Analysis of court materials showed that in court sessions, as a rule, a set of standard accusations against participants in fire extinguishing is considered. When passing sentences, the courts did not take into account the abnormal situations that arose during the extinguishing, which, according to regulatory documents, were mandatory for the organization and management of fire extinguishing, but which could not be carried out for reasons independent of the extinguishing participants. In the materials of the reviewed court decisions, there is no explanation of how firefighters should act in certain abnormal conditions, often risking their lives. Conclusion. The problem lies in the fact that, in violation of Article 5 of the Criminal Code of the Russian Federation and Article 28 of the Criminal Code of the Russian Federation, when evaluating actions to organize fire extinguishing, dangerous fire factors affecting the participants of extinguishing are not taken into account. In this case, it is not evaluated whether there was a real opportunity to prevent the socially dangerous consequences of the fire due to the non-compliance of the psychophysiological qualities of the participants in extinguishing the fire with the requirements of extreme fire conditions. Currently, there are no documents that enshrine the right to make a mistake of fire extinguishing managers who perform actions to save people under extreme conditions of uncontrolled combustion, which does not obey the templates and requirements of the guiding documents on the organization of fire extinguishing. Keywords: judicial decisions; statements of claim; head of fire extinguishing; analysis; fire.