Уголовно-правовое значение причин и условий в сфере небезопасного выполнения строительных работ

Abstract

Modern society has one of its characteristics the development of the service sector. At the same time, the level of development of the sphere of performance of works and rendering of services is defined rather with prevalence, but at all with observance of necessary rules and requirements of safety. Due to the priority of the intensity of production by the performers of works and services, certain rules and safety requirements are often ignored, which in any case creates the risk of occurrence of certain negative consequences. The legal structure of the corpus delicti provided for in article 216 of the criminal code obliges the law enforcer to establish not only the fact of violation of safety rules during construction works and the fact of occurrence of socially dangerous consequences in the form of causing serious harm to human health or major damage, but also the presence of a causal relationship between these phenomena to bring the guilty person to criminal responsibility. The work is devoted to the development of evidence-based recommendations for resolving law enforcement issues related to the assessment of the causal complex in the unsafe conduct of construction works. To achieve this goal, the current criminal legislation, explanations of the Plenum of the Supreme Court of the Russian Federation, materials of judicial and investigative practice, as well as scientific works affecting the theme of the work are analyzed. The methodological basis consists of General scientific provisions of philosophy, logic and other Sciences, dialectical, formal-logical, hypothetical, linguistic methods, a special place in the study took methods such as analysis and synthesis, induction and deduction. Proposals to improve law enforcement in terms of assessing the role of causes and conditions in the legal assessment of socially dangerous acts under article 216 of the criminal code are formulated.