Qualification of Labour Safety Criminal Violations at Russian Coal Mining Enterprises

Marina Agienko,Alexandr Naumov,Irina Gaag,Yuriy Volgin,M Tyulenev,J Janocko,Y Tan,D Nuray,S Anyona,S Zhironkin,A Khoreshok,A Abay,M Cehlár,S Vöth

doi:10.1051/e3sconf/20184104046

Abstract

In this paper, the issues of qualification of criminal safety violations at coal mining enterprises are discussed in detail. Firstly, a number of articles of the Criminal Code of the Russian Federation for qualification of these acts are defined. The differences between articles 143 and 216 of the Criminal Code of the Russian Federation with the analysis of a concrete example from judicial practice are considered. A similar procedure is carried out in the course of qualifying safety violations at coal mining enterprises under article 217 of the Criminal Code. In this work, the authors do not try to justify the need to decriminalize any articles of the Criminal Code of the Russian Federation, but try to work with the existing legislative framework so that the qualification rules formulated in the work can be used in practice. Also the authors formulate rules for the qualifications of the violations considered in this paper and propose amendments to the Criminal Code that do not require any “revolutionary” changes. A special difficulty is that there are no scientific recommendations on the qualification of criminal safety violations at coal mining enterprises.

Highlights

In the territory of the Kemerovo region (Kuzbass) there is a large number of coal-mining enterprises, and safety violations in any of them can lead to catastrophic consequences with a large number of human losses [1]
The specificity of article 216 of the Criminal Code of the Russian Federation is in its similarity with article 143 of the Criminal Code of the Russian Federation ("Violation of labor protection requirements") that is why it’s necessary to distinguish it from article 216 of the Criminal Code in each case
With 60 sentences with qualifications under article 216 of the Criminal Code, we have only one sentence with the qualifications of article 143 of the Criminal Code, despite the fact that prima facie case under article 143 of the Criminal Code is not uncommon. It seems that the reason for such "reluctance" of judges to qualify safety violations at coal mining enterprises under article 143 of the Criminal Code is in sanctions of the articles in question

Summary

Introduction

In the territory of the Kemerovo region (Kuzbass) there is a large number of coal-mining enterprises, and safety violations in any of them can lead to catastrophic consequences with a large number of human losses [1]. There is not a single scientific work devoted to the analysis of the qualification of safety violations at coal mining enterprises under Russian law. It is worth remembering that the concept of "qualification of crimes" is not fixed in any normative legal act, to understand this concept it is necessary to turn to scientific literature. Classical concept of the qualification of crimes explained it as the establishment and legal securing of an exact correspondence between the signs of the committed act and the signs of the composition of the crime provided for by the criminal law norm. The concept of the qualification of crimes in the science of criminal law is considered settled, so we agree with this definition

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Conclusion