Lawyer under Article 272 of the Criminal Code of Ukraine – Violation of safety rules when performing work with increased danger

Workplace accidents rarely remain merely an internal issue of an enterprise. If, during the performance of high-risk work, an employee suffers serious bodily injuries or dies, it is no longer a matter of discipline or fines imposed by the State Labor Service. This falls within the sphere of criminal law — in particular, Article 272 of the Criminal Code of Ukraine.

What does non-compliance with safety requirements during hazardous work actually entail?

Article 272 of the Criminal Code of Ukraine establishes that liability for ignoring occupational safety rules during hazardous industrial processes arises if such violations result in harm to health or the death of a person.

These are situations where risk is inherent in the very nature of the work: construction, high-altitude operations, operation of heavy machinery, explosive production facilities, electrical installation work, mines, chemical enterprises.

The key issue in such cases is not the fact of injury itself, but the answer to three fundamental questions:

1. Which specific safety rules were violated?
2. Who was personally responsible for ensuring compliance?
3. Is there a direct causal link between the violation and the consequences?

Without a proven causal link, a criminal case essentially collapses.

Who becomes a suspect?

In cases involving violations of industrial safety requirements, there is always a special subject. Not just any employee at the site, but a person officially entrusted with ensuring safety: the company director, chief engineer, site manager, foreman, or occupational safety officer.

Courts pay attention not only to job descriptions but also to the actual distribution of responsibilities: who signed orders, who conducted safety briefings, who supervised the technical condition of equipment.

Guilt in such cases is based on negligence. In other words, no one intended to cause harm, but disregard for safety rules, formal briefings, and cost-cutting at the expense of safety become fatal.

Victim status: why it is not a formality

In criminal proceedings concerning violations of occupational safety standards during high-risk work, victim status is not merely a procedural label. It grants the right to:

• review case materials;
• initiate additional expert examinations;
• file motions;
• appeal against the inaction of an investigator or prosecutor;
• file a civil claim within the criminal proceedings.

Without an active position of the injured party, the investigation often becomes formal. As a result, the case either does not reach court for years or ends with a lenient sentence without real compensation.

Typical issues in workplace injury cases

After an accident, the employer conducts an internal investigation, often emphasizing the “employee’s own negligence.” Investigative authorities may limit themselves to formally questioning witnesses without a thorough analysis of technical documentation. Expert examinations are appointed late, and questions are formulated incorrectly, which affects the outcome.

Typical risks then arise:

• downplaying the severity of the consequences;
• failure to identify the specific official responsible for safety;
• lack of a proper causal link in expert conclusions;
• refusal to recognize the full extent of moral damages.

If the expert opinion does not clearly state that a specific violation of safety rules caused the injury/death, the defense will inevitably use these materials in court.

Why strategy matters from the very first days

Cases involving violations of safety rules during hazardous work are always technically complex proceedings. They combine criminal law, technical expertise, occupational safety standards, and civil claims for damages.

The team at the law firm “Prikhodko and Partners” represents victims in proceedings related to workplace injuries and employee fatalities. Our work is based on a thorough analysis of the company’s internal documentation, cooperation with independent experts, and active procedural control.

The goal in such cases is not the mere existence of a verdict, but the real identification of responsible persons and recovery of full material and moral damages.

If an investigation has already begun or you are only planning to initiate criminal proceedings under Article 272 of the Criminal Code of Ukraine, professional legal support from the outset significantly increases the chances of a fair outcome.

Need protection in criminal proceedings under Article 272 of the Criminal Code of Ukraine? Submit a request for an individual cost calculation today — protect yourself before the situation becomes critical.