Criminal Law Violations in Labour Safety at Coal Mining Enterprises

Yury Volgin,Irina Gaag,Alexander Naumov,M Tyulenev,S Anyona,P Stefanek,Y Tan,D Nuray,D Marasová,A Khoreshok,A Abay,S Zhironkin,J Janocko,S Vöth,M Cehlár

doi:10.1051/e3sconf/201910502018

Abstract

The paper deals with the qualification of criminal violations of safety rules in coal mining enterprises in the light of recent changes in Art. 216 and 217 of the Criminal Code of the Russian Federation, as well as the adoption of a new Resolution of the Plenum of Supreme Court of the Russian Federation on violations of safety rules during operations. Firstly, the old and new editions of Art. 216 and 217 of the Criminal Code are compared. After that, the distinctive features of the articles under consideration are examined with the help of the new Plenum Resolution, federal laws and bylaws. Finally, the case law on this issue has been reviewed since 2016 with consideration of specific examples. In the paper, the authors do not address the issues of qualifying violations of safety rules at coal mining enterprises under Art.143 of the Criminal Code as it has not been changed. At the end of the study, the authors formulate the qualification rules taking into account the latest changes, without proposing any changes to the Criminal Code of the Russian Federation and other regulatory legal acts that do not include the Resolution of the Plenum of the Supreme Court, i.e. the results of the study can be used in practice. The problem is that there is a lack of research of the changes we are considering in the Criminal Code of the Russian Federation, and even more in relation to the coal mining industry.

Highlights

In the Kemerovo region the security at coal mining enterprises is relevant due to a large number of these companies in the region and, a large number of violations in the field of security at coal mining enterprises
If in the previous edition Art.216 and 217 of the Criminal Code of the Russian Federation were differed in the place and structure of crime, in the current version Art. 216 and 217 of the Criminal Code of the Russian Federation differ in the place and nature of the violated rules
The works, they are hazardous do not necessarily refer to works where there are hazardous production facilities

Summary

Introduction

In the Kemerovo region the security at coal mining enterprises is relevant due to a large number of these companies in the region and, a large number of violations in the field of security at coal mining enterprises. For 2016-2018, as well as for the first 2 months of 2019, in the Kemerovo region, there were more sentences issued for violating the rules when conducting construction or other works (Art.216 of the Criminal Code of the Russian Federation) in the field of coal mining than in the whole Russia for the same period. Art.217 of the Criminal Code of the Russian Federation, which is called “Violation of industrial safety requirements of hazardous production facilities”, was radically changed too. In recent years, the adoption of new technical legal acts in the field of occupational safety instead of similar old ones has continued

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Conclusion