IN CONNECTION WITH A LARGE NUMBER OF QUESTIONS REGARDING THE PROTECTION OF VIOLATED RIGHTS AT WORK, WE PROPOSE TO READ THE FOLLOWING COMMENT TO ARTICLE 271 OF THE CRIMINAL CODE OF UKRAINE VIOLATION OF THE REQUIREMENTS OF LABOR PROTECTION LEGISLATION

Violation of the requirements of legislative and other regulations on labor protection by an official of an enterprise, institution, organization or citizen - a business entity, if this violation caused harm to the health of the victim, is punishable by a fine of up to fifty non-taxable minimum incomes or correctional labor for up to two years, or restriction of liberty for the same period

The same act, if it caused death or other serious consequences, is punishable by correctional labor for up to two years or restriction of liberty for up to five years, or imprisonment for up to seven years, deprivation of the right to hold certain positions or engage in certain activities for up to two years or without such.

1. The main direct object of the crime is the constitutional right of man and citizen to safe working conditions. An additional mandatory object is the health of the person

2. A victim of a crime may be a person who has a permanent or temporary connection with the enterprise, institution, organization or production activity of a citizen - a business entity, ie a participant in the production process Recognition of a person as a victim does not depend on whether the person is employed with the object where the accident occurred at work, or related to other relations - administrative (students, trainees, business travelers), civil At the same time can not be recognized as victims of this crime , citizens who accidentally found themselves on the territory of the enterprise, institution, organization where they had an accident, customers of products or services, persons,living near the enterprise Causing harm to such persons In connection with the activities of the production unit, depending on the specific circumstances of the case gives grounds to qualify the crime as a crime in the sphere of official activity, a crime against life and health, against the environment

3. The objective side is characterized by 1) action (action or inaction), 2) consequences in the form of damage to health (Part 1 of Article 271) or death of people or other serious consequences (Part 2 of Article 271), 3) causal language BETWEEN acts and consequences, as well as 4) the place of the crime

Violation of the requirements of legislative and other regulations on labor protection by action consists in acts that are prohibited by the relevant rules (for example, an instruction to carry out certain work in unhealthy conditions or with the use of inappropriate equipment, tools). that there is a place for non-performance of actions that a person had to take in accordance with existing regulatory requirements (for example, failure to provide personal protective equipment, lack of control over work and compliance with safety rules by subordinates, admission to work of persons who do not have appropriate training not instructed in occupational safety)

Legislation and other normative legal acts on labor protection, the requirements of which are violated in committing this crime, should be understood as the Law of Ukraine “On labor protection, Labor Code, other laws of Ukraine, international agreements, decrees of the President of Ukraine, Cabinet of Ministers resolutions, departmental normative legal acts ( instructions, regulations, rules), as well as regulations of enterprises (orders, instructions of heads of enterprises, institutions, organizations on labor protection) Art. 271 covers violations of the so-called general rules of labor protection - those that apply to all employees and are aimed at preventing harm to any persons involved in the production Violations of special safety rules (relating to the performance of high-risk work, operate at explosive enterprises or in explosive shops of nuclear or radiation safety) are not covered by this article and if there are grounds require qualification under Art. Art. 272-274

Since the disposition of Part 1 of Article 271 is constructed as a blanket, when applying this article it is necessary to establish not only what regulations are violated in committing this act, but also to specify which requirements of articles, paragraphs, paragraphs are not met. guilty and also to reveal the essence of the committed violation

The obligatory sign of the objective "party" of this crime is the place of its commission, it is the place where the production enterprise, institution, organization or entrepreneurial activity of the citizen - the subject of such activity.

Consequences in the form of damage to the health of the victim occur when a person causes minor or moderate injuries.

The crime is considered over from the moment of causing harm to the health of the victim

4. The subject of the crime is special. In addition to the general characteristics of the subject of the crime, he is also endowed with special characteristics, namely 1) is an official of the enterprise, institution, organization or citizen - the subject of entrepreneurial activity, 2) has special responsibilities for labor protection. Such duties are assigned to officials by special orders of the administration, job descriptions, arising from the position or in connection with previous activities. For example, such responsibilities have the head of the enterprise who personally undertook to manage performance of certain works. Citizens - business entities have responsibilities for labor protection of their employees on the basis of law.

Violation of the requirements of the legislation on the protection of slings by officials who do not have special responsibilities for labor protection, or officials working in the non-productive sphere (education, science, medicine), if justified, should be qualified under the relevant articles of Section XVII of the Special parts of the Criminal Code.

If such violations are committed by ordinary employees (not officials), they, in the presence of appropriate consequences and other mandatory features, may be qualified under the articles on crimes against life and health of a person

5. The subjective side of the crime is characterized, as a rule, by a complex form of guilt.

In the event that a person did not foresee the possibility of the consequences specified in parts 1 and 2 of Article 271, the case must prove that he should and could have foreseen them (for example, was timely acquainted with the new standards of labor protection)

6. Qualified types of crime (Part 2 of Article 271) occur when a violation of labor protection legislation has caused 1) death, 2) other serious consequences

The concept of death means the death of at least one person. Other serious consequences include the infliction of grievous bodily harm to the victim.

Other serious consequences do not include causing material damage regardless of its size (if the violation of labor protection legislation is accompanied by industrial accidents), as the content of the relevant regulations shows that they are aimed only at protecting the person, his life and health. Causing property damage must receive an independent criminal law assessment.

When establishing the existence of a causal link, it should be borne in mind that in some cases accidents at work may be caused by violations of safety rules or other occupational safety requirements by the victims themselves (use of prohibited tools or techniques to facilitate or accelerate them). may indicate the absence of a causal link between the actions of an official or citizen - a business entity and the resulting damage. At the same time, the crime under Art. 271, also takes place in the specified cases if the official or the businessman was obliged to control performance of works and to prevent infringements of executors of works.

Legislation:

1. Law of Ukraine "On labor protection" of October 14, 1992

2. Resolution PVS№ 6 of October 10, 1982. “On the practice of application by the courts of Ukraine of legislation in cases related to violation of the requirements of the legislation on labor protection” (paragraphs 6-30).