Violation Of Safety Rules Research Articles

Phenomenology and typology of careless crimes that are committed by several offenders

The article, on the basis of the coverage of the criminal-law problem of careless crimes committed by several offenders, analyzes the importance of phenomenological research for the development of the essential scientific theories. The proposed publication supplements, by the description and analysis of the latest empirical material, the phenomenology of careless crimes, committed by several subjects. The author’s contribution to the phenomenology of these crimes extends scientific ideas about the phenomenon of multi-offender careless crimes. The given practical examples can be used in educational and scientific criminal-law literature. The author specifies and completes the typological description of the relevant crimes. A list of essential features for each typological group is offered. The signs of the first typological group are as follow:1. Violations of safety rules are identical.2. There is a single criminal consequence for these people that is indivisible, common.3. Identity of the act and the unity of consequence allows us to conclude that the causal meaning of each of the subjects is equivalent in the causal sense.4. Violation of safety rules by each subject occurs in one place and time or in one situation.5. There is a subjective consistency.6. Offense is covered by the features of one rule of criminal law of the Special Part of the Criminal Code.The signs of the second typological group:1. Violations of safety rules are not identical.2. This feature coincides with the typological feature of the first group of cases – the criminal consequence is indivisible, common to all offenders.3. The non-identity of the act (violations of the rules of safety) allows us to conclude that the causal inequality of violations of safety rules is at the same time the act of each subject constitutes the necessary condition (conditio sine qua non) of a consequence whose generation occurs only through the interaction of the violations.4. Violations of the rules of safety by each subject, although they may occur in one place and time (or in one situation), however, more often, the violations do not coincide at the place and time.5. There is no subjective consistency.6. The offense committed in some cases is covered by the features of one rule of criminal law of the Special Part of the Criminal Code, but there is also a separate qualification of violations of the rules of safety of each subject on the basis of various rules of criminal law.It has been found out that in the division of careless co-causality into “parallel” and “consecutive” it is necessary to keep in mind the heterogeneity of the latter typological group: it includes at least two subtypes that differ in a number of features.Article received 27.02.2019

History of law on traffic offences in the criminal code of Kazakhstan

The author investigates the history of development of criminal legislation on liability for offenses related to violation of traffic safety rules or operation of transport, from 1917 to 2014. The paper analyzes the decrees and resolutions of the Soviet period in the field of traffic safety, articles of the Criminal code of the RSFSR as amended in 1922 and 1926, acting on the territory of modern Kazakhstan until January 1, 1960, the norms of the Criminal Code of the Kazakh SSR in 1959, the Criminal Code of the Republic of Kazakhstan as amended in 1997 and 2014 on transport crimes. The analyzed period is characterized by the appearance of a special Chapter of the special part of the Criminal Code, a steady increase in the number of articles on liability for transport offenses, the specification of articles of a general nature by the allocation of special rules, tougher responsibility for violations of safety rules, which caused serious consequences, the transfer of certain transport administrative offenses to the criminal law, etc. This trend is explained by the rapid growth of the country’s transport fleet, the increase in speed, intensity of traffic, the need to protect society from accidents and catastrophes and bringing the criminal law in line with the needs of practice.

Factors leading to unsafe behavior in the twenty first century workplace: a review

Work-related injuries, diseases and fatalities have received considerable attention by researchers and have led to a greater awareness about incident causation in the workplace. Most accidents and injuries emanating from workplaces are attributed to workers’ unsafe behaviors, which are also a reflection of system deficiency and hazardous work-environment. The purpose of this review was to investigate the factors contributing to workers’ unsafe behaviors. A review of 70 major empirical studies on unsafe behaviors was conducted within occupational safety and health research, and thereafter clustered into eight job domains namely: construction, healthcare, informal sector enterprises, manufacturing, mining, energy, agriculture, and multi-dimensional context. The results across these domains were reported and compared, along with their consequences and solutions. The study found that lack of adequate knowledge on safety and health, violation of safety rules, work pressure, stress and non-use of protective equipment were the main factors of unsafe behaviors. Several major solutions to these behaviors were highlighted for consideration by practitioners and policy developers. The outcomes from this review will assist safety managers in understanding how to motivate employees/workers to engage in proper safety practices.

Criminal Law Violations in Labour Safety at Coal Mining Enterprises

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.

Determination of the Criminal Offense Elements in the Safety Rules Violation during Mining Operations

In the article, from the standpoint of a systematic approach, the forensic characterization of safety rules criminal violations during mining operations is analyzed. That is the basic element which determines the content and algorithm of uncovering of crimes, the investigation and trial of a criminal case. The subject (the identity of offender) is its central, basic element. It is noted that the element of subject (the identity of offender) is the most informative when investigating criminal violations of safety rules during mining operations. It is based on his study in the unity and interrelation of the following aspects: official position, social and psychological properties and personality traits and victimization behavior of the criminal offence victims and third parties. The situation of a crime (the second element of forensic characterization) is structured according to the circumstances that characterize pre-, criminal, and post-criminal state of outward things; three interrelated and interdependent are pointed out. The complex combination of the levels and edges of each selected elements of a cognizable object, due to the specifics of the crime in question, also determines the peculiarities of investigative actions and search activities at the initial stage of the investigation of safety rules criminal violations during mining operations. The article proposes recommendations to overcome the objective difficulties encountered in the investigation of criminal violations of safety rules during mining operations.

TRACE PATTERN OF SECURITY LAPSE WHILE INCREASED DANGER WORKS

Positions and approaches of scientists to determine the typical traces of violation of safety rules during performance of increased danger works are considered. It was stated that material traces of violations of safety rules during performance of increased danger works are detected as directly on the scene as in various documents. Trace on the scene can provide information on the conditions under which these works are carried out, the presence of dangerous manufacturing and external factors, technical causes of violation, degree of victim's fault, etc. Typical material traces include victim's body damage; traces of hands, feet, microparticles of the victim or offender clothes; destruction of important building for production, of mechanisms or machinery or of residential building. Allocation of material tracks is closely linked to the situation of crime commission, in particular, to time, place, type of production, nature of performed work. These traces can indicate certain circumstances of crime commission, namely: event nature, work conditions; inactive status of mechanisms, devices and tools used by the victim; event cause. Material traces bearers are certain documents related to the workplace safety management at enterprise, on site during execution of a particular type of works. Each type (group) of crimes is characterized by the availability of a certain Trace Patterns which generalized data are essential practical importance for their investigation. Data set on material traces of a crime, their features and localization should be considered as one of elements of criminalistic description of the crimes regarding violation of safety rules during increased danger works.

EVALUATION OF EMERGENCY EVENTS AT THE TRANSPORTATION OF DANGEROUS GOODS IN THE CONTEXT OF THE TECHNOGENIC LOAD IN REGIONS

Purpose. The paper aimed at analysis of the current state of railway traffic safety at the transportation of dangerous goods, as well as the assessment of emergency events and the level of security based on statistical analysis. Methodology. The objective is achieved through theoretical generalization and analysis of modern knowledge and ideas about the prediction of accidents with dangerous goods. Geo-information systems are used for the analysis of security systems for transportation of dangerous goods by rail. Findings. Authors analyzed the types of incidents that occurred on the railway in recent years. The main causes of emergencies are: technical malfunction of cars; extremely high depreciation of fixed assets, deficiency in organizational factors in the transportation of goods, violation of safety rules for cargo operations, interference of unauthorized persons during transportation and the suchlike. One of the main causes of dangerous events is the extremely high depreciation of fixed assets. A map of potential hazards and emergencies has been developed for the transportation of dangerous goods using geo-information technologies. The results of the research are aimed at practical solutions to the problems of improving the safety and stability of rail transport in emergency situations. The transportation safety of dangerous goods should be developed by: investigating the likelihood of emergency threat; increase the efficiency of decision-making for the elimination of the consequences of accidents; development of technology for liquidation of consequences of emergency situations; implementation of the satellite navigation system. Originality. The paper presents the scientific substantiation and development of the basis for forecasting emergencies at railway transport facilities. The reasons of occurrence of events with dangerous cargoes are estimated. The map of Ukraine is drawn up according to the number of events and depending on the types of incidents on the railway. Practical value. The use of the proposed approach will allow determining the quality of any decision-making system, especially when planning rescue operations, planning forces and facilities for the localization and elimination of emergency situations. The practical value of the work consists in obtaining a scientifically based and at the same time acceptable methodology for practical workers in assessing the stability of the transportation process on individual sections of the railways, as well as developing recommendations for road sections with increased accidents.

Criminally-Legal Ways of Maintenance of Safety of Citizens in the Sphere of Housing and Communal Services

The article considers the issues of security of citizens in the implementation of capital repair of premises by the application of a crime under article 216 of the Criminal Code of the RF. The relevance of this topic is ref lected in the statistics of the state of housing conditions in the Russian Federation, as well as the potential danger of works on capital repair of premises. This fact is indirectly ref lected in the clarifications of the Plenum of the Supreme Court of the RF concerning the issues of qualification of crimes under article 216 of the Criminal Code. However, a law enforcement official is often faced with serious difficulties in the legal assessment of the facts of the injury as a result of unsafe work in the sphere of housing and communal services. This fact also expresses the relevance of the study of issues of qualification unsafe in the conduct of capital repair of premises.The article analyzes the statistical indicators of housing conditions in the Russian Federation, as well as volume of works on capital repair of premises. Also, the paper examines the provisions of the housing and civil legislation governing the execution of works in the field of housing legislation. Based on the results of the analysis of the findings, relevant to the application of the criminal law in this field.In the study discussed the issues of indicators of public danger of the unsafe performance of works in the sphere of housing and communal services and their impact on the qualification of socially dangerous acts in this sphere. The author makes conclusions about the final time of the acts associated with the violation of safety rules during performance of works on capital repairs of residential premises.

Space-time analysis of emergency accidents in the transport of dangerous goods by railway transport

Purpose. The analysis of safety systems for the transport of dangerous goods by rail is being carried out. Methods. The types of incidents that occurred on the railway were analyzed. The reasons of occurrence of events with dangerous cargoes are estimated. Results. The map of Ukraine is drawn up according to the number of events and depending on the types of incidents on the Ukrainian Railway. The article examines the accidents and incidents taking place while transporting dangerous goods by railway transport. The paper presents and considers research results indicating the way the respondents estimate the main factors related to risk in rail transport. The work suggests recommendation measures for reducing accidents in railway transport while shipping dangerous cargoes. The risk arising by dangerous goods transport represents a particular threat which needs strategies and tools to reduce risk rate of society, property and environment. The reasons of emergency situations are considered: technical failure of the car; extremely high wear and tear of fixed assets, organizational factors during cargo transportation, violation of safety rules of cargo operations, interference of unauthorized persons during transportation. Conclusions. A significant proportion of transport events are due to commercial malfunctions, catastrophic depreciation of fixed assets, but the causes of emergencies in railway transport are also violations of safety requirements, which entail significant pecuniary damage. Therefore, the issue of improving the technology of transporting dangerous goods at various stages of the transportation process is extremely important today.

DOCUMENT MANAGEMENT AND ITS ROLE IN THE INVESTIGATION INTO VIOLATIONS OF HAZARDOUS WORKS SAFETY REGULATIONS

Using the summary data in criminal cases (materials of criminal proceedings) the article studies peculiarities of document management and its role in the investigation into violations of hazardous works safety regulations. The peculiarities of economic and organizational activity of any enterprise, institution or organization regardless of the form of ownership are present in the relevant management documents reflecting the course and results of their activity. At the same time the performance of hazardous works must be recorded following a special document management order comprising the relevant contracts, orders, instructions, accompanying documents, and while studying these document the investigator forms a complete picture of a safety rules violation that took place. In addition to the regular documents at the enterprise where safety rules violation took place, it is also very important to study the documents and records of the investigation into the incident (accident) that was performed by the enterprise itself. Taking into account the considerable amount of documents to be studied the article suggests their consolidation with regard to stages in the performance of works.

ENGAGEMENT OF EXPERTS AND SCHEDULING FORENSIC EXAMINATION UNDER INVESTIGATION SAFETY RULES VIOLATIONS WHEN PERFORMING WORKS WITH HEIGHTENED DANGER

The peculiarities of the use of special knowledge in the process of investigation of the specified category of crimes are considered, they consists in narrow directed specifics of violations of safety rules during execution of works with in-creased danger. A range of issues to be clarified during carrying out certain examination is outlined. Their variability is noted depending on the work performed, the type of negative consequences and other elements of the criminalistic characteristics of crime. Scheduling forensic medical and forensic engineering-technical examination on labor protection, mining-technical, construction-technical and technical examination of documents in the aspect of the raised problematics is examined.

Вопросы конкуренции уголовно-правовых норм и совокупности преступлений, связанных с нарушением правил безопасности, в судебной практике

Вопросы конкуренции уголовно-правовых норм и совокупности преступлений, связанных с нарушением правил безопасности, в судебной практике

Analysis of Traffic Accidents Leading to Death Using Tripod Beta Method in Yazd, Iran

This study tried to find the original causes of road accidents to prevent their occurrence. This was a descriptive-analytic retrospective study which assessed 1,000 cases of road accidents leading to death during 2003-2013 using the Tripod Beta method. The latent problems, the contributing preconditions, and corrective strategies for the prevention of occurrence of these accidents were determined. The findings of this study revealed that violation of traffic safety rules, especially deliberate violations and risk-takings decreased with increasing age. In comparative status of the superficial problems, illegal and impermissible speed of drivers accounted for 19.10%, in comparative status of preconditions, violation of safety rules accounted for 32.6% and finally, in comparative status of the latent problems, the presence of financial constraints and time pressure in designing and manufacturing of the cars, and quality of city streets, roads, accounted for 20.1%, of the leading causes of occurrence of accidents in this study.

Форма вины и мотивы нарушений правил безопасности движения и эксплуатации транспорта (ст. 263 УК РФ)

Proposals in the science of criminal law approaches to the definition of the form of guilt (intentional, reckless or determined by the court in a particular case) of a crime provided for in Article 263 “Violation of safety rules and operation of railway, air, sea and inland waterway transport and underground” of the Criminal Code of the Russian Federation are considered in the article. The place of motives (positive, neutral and negative) of violation of safety rules and operation as part of the crime is evaluated. Based on the analysis of legal literature and materials law enforcement practice the author made a conclusion that the crime under Article 263 of the Criminal Code is careless, but the study of its subjective side in the theory of criminal law, and the investigative and judicial practice must include the determination of the form of mental attitude of a person for violation of safety rules and operation of transport (which can be both intentional and reckless) and assessment of the motives of such violations.

Statistical analysis of road safety in Poland with application of taxonomic methods

The road safety is an area of public security, which is a basic need of every human being. One of the sources of the threats are road traffic offenses related in violation of safety rules. The aim of the article is to analyze road safety throughout the country and in individual provinces. In the study were used spatial and time data included in e.g. in the Regional Bank Data in the years 2001-2014 and the Police research papers available on the Internet. The statistical analysis and application of the Hellwig's taxonomic measure of development allowed the characterization of road traffic offenses in Poland and to identification of regions with the highest level of road safety. It turned out, that despite the presence of a number of negative factors increasing the risk of accidents, the security situation on Polish roads improves. The number of accidents and their victims decreases. Particularly positive changes on Polish roads were noted after the Polish accession to the European Union.

Violation of safety rules in mining, construction and other activities (Article 216 of the Criminal Code of the Russian Federation): criminological description and the problems of legislative regulation

Violation of safety rules in mining, construction and other activities (Article 216 of the Criminal Code of the Russian Federation): criminological description and the problems of legislative regulation

Rationalizing Violation: Ordered Accounts of Intentionality in the Breaking of Safety Rules

Regulative rules are central to the efforts made in organizations to ensure orderliness in the presence of physical danger. The reportedly routine violation of safety rules in organizations therefore brings into question the longstanding association of rules with organizational order, and the literature is sharply divided on whether rule violation represents a dangerous disorder or a reasonable way of getting by. This study is an attempt to carry out a more interpretive analysis, looking at how organizational members construct a sense of order in the presence of rule violation – and in particular how they do so by using a concept of intentionality to maintain accountability yet avoid rules becoming taboos. We find that the way people explain intentions attests to several senses of order that otherwise appear to be lost when rules are violated, such as predictability, purposefulness and progressiveness. This indicates that rules do not maintain, symbolize and constitute order simply because they are normative restraints on behaviour – but act as nuclei for discourses that can repair order even when they are violated. The order that is repaired in this way is both a mechanistic and a moral one.

The Game Analysis on Moral Hazard in the Safety Supervision of Nuclear Power

The development of nuclear power has become an important way to solve the problems of environment and energy in many countries, also it is an important policy to solve the problems of e energy structure in China. But moral hazard in the safety supervision of nuclear power has happened. By adopting the game analysis method and establishing the game model of moral hazard in the safety supervision of nuclear power, the paper analysis the model with static mixed game and finite iterations of dynamic game. As a result, it can lower the moral hazard if the governments strengthen the punishment in violation of safety rules and reduce the supervision cost.

Accidents and safety violations in the Nigerian construction industry

This paper deals with safety in the Nigerian construction industry. Three aspects of safety were identified as paramount in the study and include accident causations, accident prevention and the most violated safety rules and regulations. The various factors that affect these aspects were identified and questionnaires were used to collect information related to these factors which were analyzed using the 2-step ordinal scale analytical procedure. Only factors relating to causes of accidents and the violation of safety rules are discussed due to limitation in scope. However the majority of factors identified as being responsible for the safety situation in the Nigerian construction industry were found to be human factors and their solutions will involve the prudent management of both men and material resources by the contractor. Journal of Science and Technology(Ghana) Vol. 27 (1) 2007: pp. 81-89

Patterns of ‘Mock Bureaucracy’ in Mining Disasters: An Analysis of the Westray Coal Mine Explosion

Recent studies on the antecedents of industrial crises have tended to focus on disasters in high‐risk systems involving complex technologies and tightly‐knit processes. This paper examines events leading up to mining disasters which past research has characterized as being typically more foreseeable and avoidable. We discuss how many mining disasters are likely to be the result of ‘mock bureaucracies’ or situations characterized by overt violation of safety rules at the workplace. Using the Westray mine explosion as an illustrative case, the paper traces the development and institutionalization of a mock bureaucracy in an organization. Implications for further research and understanding of industrial crises are drawn.