Abstract
The article examines the problem of the courts’ application of exemption from punishment for criminal violations of the safety rules in mining operations. The application practice of exemption from punishment by courts in this category of cases is analyzed. On the basis of the data the authors drew the conclusions about the frequency and chosen measures of application of exemption from punishment. The general features of cases in which exemption from punishment was applied are described, and the personality characteristic of a criminal accused of criminal violations of safety rules in mining operations are considered.
Highlights
In accordance with Part 3 of Art. 37 of the Constitution of the Russian Federation, everyone has the right to work in conditions that meet the requirements of safety and hygiene ... [1]
We considered the problems of qualifying criminal violations of safety rules during mining in previous research [5], we are not intended to discuss this issue in detail, but the basic rules for qualifying these crimes will be briefly presented in the third section of the article
In accordance with clause 5 of the Resolution of Plenum of the Supreme Court of the Russian Federation "On judicial practice in criminal cases on violations of labor protection requirements, safety rules during construction or other work, or industrial safety requirements of hazardous production facilities" "when resolving the issue of classifying a certain production such as hazardous production facilities in a criminal case on a crime under Article 217 of the Criminal Code of the Russian Federation, the courts should be guided by the federal law of July 21, 1997
Summary
In accordance with Part 3 of Art. 37 of the Constitution of the Russian Federation, everyone has the right to work in conditions that meet the requirements of safety and hygiene ... [1]. In accordance with Part 3 of Art. 37 of the Constitution of the Russian Federation, everyone has the right to work in conditions that meet the requirements of safety and hygiene ... Safety violations in mining industry are one of the most dangerous acts with serious consequences, often with a large number of victims. The causes, number, dynamics and other indicators of accidents in mines and open pits have been investigated repeatedly [2]. It has been proven that mortality at mining enterprises is an inevitable value that is included in the cost of extracted resources [3]. A number of aspects of these crimes remains unstudied. One of these aspects is exemption from punishment for these crimes
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