Administrative liability for violation of labor protection standards. Administrative fines for violations of labor protection requirements
Code of Administrative Offenses of the Russian Federation Article 5.27.1. Violation of state regulatory requirements for labor protection contained in federal laws and other regulatory legal acts Russian Federation
1. Violation of state regulatory requirements for labor protection contained in federal laws and other regulatory legal acts of the Russian Federation, with the exception of cases provided for by parts 2 - of this article, -
shall entail a warning or the imposition of an administrative fine on officials in the amount of two thousand to five thousand rubles; on persons carrying out entrepreneurial activity without formation of a legal entity - from two thousand to five thousand rubles; for legal entities - from fifty thousand to eighty thousand roubles.
2. Violation by an employer of the established procedure for conducting a special assessment of working conditions at workplaces or its failure to conduct -
It entails a warning or the imposition of an administrative fine on officials in the amount of five thousand to ten thousand rubles; for persons engaged in entrepreneurial activities without forming a legal entity - from five thousand to ten thousand rubles; for legal entities from sixty thousand to eighty thousand rubles.
3. The admission of the employee to the execution by him job duties without passing in the prescribed manner training and testing knowledge of labor protection requirements, as well as mandatory preliminary (when applying for a job) and periodic (during labor activity) medical examinations, mandatory medical examinations at the beginning of the working day (shift), mandatory psychiatric examinations or in the presence of medical contraindications -
shall entail the imposition of an administrative fine on officials in the amount of fifteen thousand to twenty-five thousand roubles; for persons engaged in entrepreneurial activities without forming a legal entity - from fifteen thousand to twenty-five thousand rubles; for legal entities - from one hundred and ten thousand to one hundred and thirty thousand roubles.
shall entail the imposition of an administrative fine on officials in the amount of twenty thousand to thirty thousand roubles; for persons engaged in entrepreneurial activities without forming a legal entity - from twenty thousand to thirty thousand rubles; for legal entities - from one hundred and thirty thousand to one hundred and fifty thousand roubles.
5. Commitment of administrative offenses provided for by parts 1 - of this article, by a person previously subjected to administrative punishment for a similar administrative offense -
shall entail the imposition of an administrative fine on officials in the amount of thirty thousand to forty thousand rubles or disqualification for a term of one to three years; for persons engaged in entrepreneurial activities without forming a legal entity - from thirty thousand to forty thousand rubles or an administrative suspension of activities for a period of up to ninety days; on legal entities - from one hundred thousand to two hundred thousand rubles or an administrative suspension of activities for a period of up to ninety days.
Note. Under means personal protection in part 4 of this article, one should understand personal protective equipment classified by the technical regulations of the Customs Union "On the safety of personal protective equipment" as class 2, depending on the degree of risk of harm to the employee.
Persons guilty of violating labor protection requirements, failing to fulfill labor protection obligations stipulated by collective agreements and agreements, labor contracts, or hindering the activities of representatives of state supervision and control over compliance with labor protection requirements, as well as public control bodies, are liable in accordance with the legislation of the Russian Federation.
Depending on the severity of violations, disciplinary, administrative, financial and criminal liability occurs. Disciplinary responsibility. According to Article 214 of the Labor Code of the Russian Federation, employees are required to comply with the requirements for labor protection, safety and industrial sanitation. Article 192 of the Labor Code of the Russian Federation provides for the following disciplinary sanctions: reprimand, reprimand, dismissal. Administrative responsibility. Administrative responsibility is established by the Code of the Russian Federation on administrative offenses dated December 30, 2001 No. 195-FZ. Article 3.2 of the Code defines the types administrative on testimony which include:
- warning;
- administrative penalty;
- paid seizure of a tool or subject of an administrative offense;
- confiscation of the instrument of committing or the subject of an administrative offense;
- deprivation of a special right granted to an individual;
- administrative arrest;
- administrative expulsion from the Russian Federation of a foreign citizen or stateless person;
- disqualification.
Depending on the severity of the offense, the perpetrators are punished with a fine of up to 25 times the minimum wage or disqualification for a period of 6 months to 3 years. Material liability. Liability of officials for violation of labor protection legislation consists in recovering from them - in whole or in part - the amounts paid by the enterprise to employees who suffered from accidents and occupational diseases. Criminal liability. The Criminal Code of the Russian Federation of June 13, 1996, No. 63-FZ establishes criminal liability for crimes against the constitutional rights of man and citizen, public safety and public health. The articles of the code provide criminal liability for:
- violation of labor protection rules;
- violation of safety rules at facilities nuclear energy;
- violation of safety rules when conducting mining, construction or other works;
- violation of safety rules at explosive facilities;
- breaking the rules fire safety;
- violation of sanitary and epidemiological rules;
- concealment of information about circumstances that endanger the life or health of people.
Depending on the nature and severity of the consequences of violations committed by citizens, officials and legal entities, their criminal liability can be defined as:
- imposition of a fine in the amount of 100 to 700 minimum wages;
- deprivation of the right to hold certain positions or engage in certain activities for a period of 2 to 5 years;
- correctional labor for a period of 6 months to 2 years;
- restriction of freedom for a period of 3 to 5 years;
- imprisonment for a term of 3 to 10 years.
In addition to these types of liability, the legislation also provides for the liability of enterprises and organizations for the production and supply of products that do not meet the requirements of the OT.
Russian legislation provides for four types of employee liability for violation of requirements labor law, labor protection and industrial safety:
- disciplinary;
- material;
- administrative;
- criminal.
Responsibility is determined by the following federal laws:
Labor Code of the Russian Federation;
Code of Administrative Offenses of the Russian Federation;
Criminal Code of the Russian Federation;
Federal Law “On the Fundamentals of Labor Protection in the Russian Federation”;
Federal Law “On Industrial Safety of Hazardous production facilities”.
Labor discipline and work schedule of the organization
Labor discipline is obligatory obedience for all employees to the rules of conduct determined in accordance with the Labor Code, other laws, collective agreements, agreements, employment contract, local regulations of the organization.
The labor schedule of the organization is determined by the internal labor regulations.
Internal labor regulations of the organization - local normative act an organization that regulates, in accordance with the Labor Code, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, rest periods, incentives and penalties applied to employees, as well as other regulatory issues labor relations In the organisation.
The internal labor regulations of the organization are approved by the employer, taking into account the opinion of the representative body of the employees of the organization in accordance with Art. 372 of the Labor Code.
For certain categories employees are subject to charters and regulations on discipline approved by the Government of the Russian Federation in accordance with federal laws.
Types of disciplinary sanctions
The employer has the right to apply disciplinary sanctions for committing a disciplinary offense by an employee.
A disciplinary offense is a failure to perform or improper performance by an employee due to his fault of the labor duties assigned to him.
The Labor Code provides for the following disciplinary sanctions:
comment;
rebuke;
dismissal.
Federal laws, charters and regulations on discipline for certain categories of employees may also provide for other disciplinary sanctions.
It is not allowed to apply disciplinary sanctions that are not provided for by federal laws, charters and regulations on discipline.
Dismissal of an employee as a measure of disciplinary action
Termination of an employment contract with an employee at the initiative of the employer, as a disciplinary measure, may be based on paragraphs. 5,6,7,8,10,11 st. 81 of the Labor Code of the Russian Federation.
5) repeated non-performance by an employee without good reasons job duties, if he has disciplinary action(taking into account the opinion of the elected trade union body in accordance with Article 82);
6) a single gross violation of labor duties by an employee:
a) absenteeism (absence from the workplace without good reason for more than four consecutive hours during the working day);
b) appearing at work in a state of alcoholic, narcotic or other toxic intoxication;
c) disclosure of legally protected secrets (state, commercial, official and other), which became known to the employee in connection with the performance of his labor duties;
d) committing at the place of work theft (including small) property of others, embezzlement, its deliberate destruction or damage, established by a court verdict that has entered into legal force or a decision of a body authorized to apply administrative penalties;
e) violation by the employee of labor protection requirements, if this violation entailed serious consequences (accident at work, accident, catastrophe) or knowingly created a real threat of such consequences;
7) the commission of guilty actions by an employee directly servicing cash or commodity values if these actions give rise to a loss of confidence in him on the part of the employer;
8) commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work;
9) making an unreasonable decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;
10) a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties;
11) submission by the employee to the employer of false documents or deliberately false information when concluding an employment contract.
The procedure for imposing and appealing disciplinary sanctions
In accordance with Art. 193 of the Labor Code, before applying a disciplinary sanction, the employer must request an explanation from the employee in writing. If the employee refuses to give the specified explanation, an appropriate act is drawn up.
The employee's refusal to give an explanation is not an obstacle to the application of a disciplinary sanction.
A disciplinary sanction is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees.
A disciplinary sanction cannot be applied later than six months from the date of the misconduct, and based on the results of an audit, financial check - economic activity or audit- later than two years from the date of its commission. The above time limits do not include the time of criminal proceedings.
For each disciplinary offense, only one disciplinary sanction may be applied.
The order (instruction) of the employer on the application of a disciplinary sanction is announced to the employee against receipt within three working days from the date of its issuance. If the employee refuses to sign the specified order (instruction), an appropriate act is drawn up.
A disciplinary sanction may be appealed by the employee to the state labor inspectorate or bodies for the consideration of individual labor disputes.
The procedure for removing disciplinary sanctions
Article 194 of the Labor Code defines the procedure for removing disciplinary sanctions.
If within a year from the date of application of the disciplinary sanction, the employee is not subjected to a new disciplinary sanction, then he is considered not to have a disciplinary sanction.
The employer, before the expiration of a year from the date of application of a disciplinary sanction, has the right to remove it from the employee on his own initiative, at the request of the employee himself, at the request of his immediate supervisor or a representative body of employees.
attraction to disciplinary responsibility the head of the organization, his deputies at the request of the representative body of employees
In accordance with Art. 81 and Article 195 of the Labor Code, the employer is obliged to consider the application of the representative body of employees about the violation by the head of the organization, his deputies of laws and other regulatory legal acts on labor, the terms of the collective agreement, agreement and report the results of the consideration to the representative body of employees.
If the facts of violations are confirmed, the employer is obliged to apply a disciplinary sanction to the head of the organization, his deputies, up to and including dismissal.
The employment contract may be terminated by the employer in the event of a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties.
offensive conditions liability employer to employee and employee to employer
According to Art. 232 and 233 of the Labor Code, the party to the employment contract (employer or employee) that caused damage to the other party compensates for this damage in accordance with the Labor Code and other federal laws.
Termination of an employment contract after causing damage does not entail the release of the party to this contract from liability under the Labor Code or other federal laws.
The liability of a party to an employment contract is incurred for damage caused by it to the other party to this contract as a result of its guilty unlawful behavior (action or inaction), unless otherwise provided by the Labor Code or other federal laws.
Each of the parties to the employment contract is obliged to prove the amount of damage caused to it.
The obligation of the employer to compensate the employee for material damage caused as a result of illegal deprivation of his opportunity to work
In accordance with Art. 234 of the Labor Code, the employer is obliged to compensate the employee for the earnings he did not receive in all cases of illegal deprivation of his opportunity to work. Such an obligation, in particular, arises if the earnings are not received as a result of:
- illegal removal of an employee from work (violation of article 76 of the Labor Code),
- his illegal dismissal (violation of Art. 77 and Art. 81TK)
- or his illegal transfer to another job (violation of Articles 72 and 74 of the Labor Code);
- refusal of the employer to execute or untimely execution of the decision to reinstate the employee on previous work body for the consideration of labor disputes (violation of article 396 of the Labor Code) or the state legal labor inspector (violation of article 357 of the Labor Code);
- delays by the employer in issuing a work book to an employee (violation of Article 62 of the Labor Code);
- entering into work book incorrect or inappropriate wording of the reason for the dismissal of an employee (violation of Article 66 of the Labor Code);
- other cases stipulated by federal laws and the collective agreement.
Liability of the employer for damage caused to the property of the employee
In accordance with Art. 235 of the Labor Code, the amount of damage is calculated at market prices in force in the area at the time of compensation for damage. With the consent of the employee, the damage can be compensated in kind.
The employee's claim for damages is sent to the employer. The employer is obliged to consider the received application and make an appropriate decision within ten days from the date of its receipt. If the employee disagrees with the decision of the employer or does not receive a response within the prescribed period, the employee has the right to go to court.
Liability of the employer for the delay in payment wages
The liability of the employer comes in case of violation by him due date:
- payment of wages (Article 136 of the Labor Code),
- vacation pay (Article 136 of the Labor Code),
- payments upon dismissal (Article 140 of the Labor Code),
- other payments due to the employee.
The employer is obliged to pay them with interest ( monetary compensation) in the amount of not less than one three hundredth of the current refinancing rate Central Bank Russian Federation from the amounts not paid on time for each day of delay, starting from the next day after the due date of payment up to the day of actual settlement inclusive. The specific amount of monetary compensation paid to an employee is determined by a collective agreement or an employment contract.
Liability of the employee for damage caused to the employer
The employee is obliged to compensate the employer (Articles 238, 239 of the Labor Code) for the direct actual damage caused to him. Unreceived income (lost profit) is not subject to recovery from the employee.
Direct actual damage is understood as a real decrease in the employer’s cash property or deterioration in the condition of the specified property (including the property of third parties held by the employer, if the employer is responsible for the safety of this property), as well as the need for the employer to incur costs or excessive payments for the acquisition or restoration of property.
The employee is liable both for direct actual damage directly caused by him to the employer, and for damage incurred by the employer as a result of compensation for damage to other persons.
The material liability of the employee is excluded in cases of damage due to force majeure, normal economic risk, extreme necessity or necessary defense, or the employer's failure to fulfill the obligation to ensure proper conditions for the storage of property entrusted to the employee.
The limits of the employee's liability for damage caused to the employer. Damage recovery procedure
For the damage caused (Article 241, Article 247,248 of the Labor Code), the employee is liable within the limits of his average monthly earnings, unless otherwise provided by the Labor Code or other federal laws.
Before making a decision on compensation for damages by specific employees, the employer is obliged to conduct an audit to determine the amount of damage caused and the reasons for its occurrence.
Requesting an explanation from the employee in writing to establish the cause of the damage is mandatory.
The employee and (or) his representative have the right to get acquainted with all the materials of the inspection and appeal against them in the manner prescribed by the Labor Code.
Recovery from the guilty employee of the amount of damage caused, not exceeding the average monthly earnings, is carried out by order of the employer. The order may be made no later than one month from the date of the final determination by the employer of the amount of damage caused by the employee.
If the monthly period has expired or the employee does not agree to voluntarily compensate for the damage caused to the employer, and the amount of damage to be recovered from the employee exceeds his average monthly earnings, then the recovery is carried out in court.
If the employer fails to comply with the established procedure for recovering damages, the employee has the right to appeal against the actions of the employer in court.
An employee who is guilty of causing damage to the employer may voluntarily compensate for it in whole or in part. By agreement of the parties to the employment contract, compensation for damage with installment payment is allowed. In this case, the employee submits to the employer a written obligation to compensate for the damage, indicating specific payment terms. In case of dismissal of an employee who gave a written obligation to voluntarily compensate for damage, but refused to compensate for the specified damage, the outstanding debt is recovered in court.
Compensation for damages is made regardless of bringing the employee to disciplinary, administrative or criminal liability for actions or inaction that caused damage to the employer.
Full financial responsibility of the employee. Cases of full liability of the employee
In accordance with Art. 242 and 243 of the Labor Code, the full liability of the employee consists in his obligation to compensate for the damage caused in full size.
Liability in the full amount of the damage caused can be imposed on the employee only in cases provided for by the Labor Code or other federal laws.
Employees under the age of eighteen bear full liability only for intentionally causing damage, for damage caused while under the influence of alcohol, narcotic or toxic intoxication, as well as for damage caused as a result of a crime or administrative offense.
Liability in the full amount of the damage caused is assigned to the employee in the following cases:
1) when, in accordance with this Code or other federal laws, the employee is held liable in full for the damage caused to the employer in the performance of the employee's labor duties;
2) shortage of valuables entrusted to him on the basis of a special written agreement or received by him under a one-time document;
3) intentional infliction of damage;
4) causing damage in a state of alcoholic, narcotic or toxic intoxication;
5) causing damage as a result of the criminal actions of the employee, established by a court verdict;
6) causing damage as a result of an administrative offense, if such is established by the relevant government agency;
7) disclosure of information constituting a legally protected secret (official, commercial or other), in cases provided for by federal laws;
8) infliction of damage not in the performance of labor duties by the employee.
Written agreements on the full liability of employees. Collective (team) responsibility
Written agreements on full individual or collective (team) liability (Articles 244 and 245 of the Labor Code), that is, on compensation to the employer for damage caused in full for the lack of property entrusted to employees, are concluded with employees who have reached the age of eighteen years and directly serve or use monetary, commodity values or other property.
The lists of works and categories of employees with whom these contracts may be concluded are approved in the manner established by the Government of the Russian Federation. The procedure is determined by the Decree of the Government of the Russian Federation of November 14, 2002 No. 823 and the Decree of the Ministry of Labor of December 31, 2002 No. 85.
When employees jointly perform certain types of work related to the storage, processing, sale (vacation), transportation, use or other use of the values transferred to them, when it is impossible to distinguish between the responsibility of each employee for causing damage and conclude an agreement with him on compensation for damage in full, collective (brigade) liability may be introduced.
Written contract on collective (team) liability for damage is between the employer and all members of the team (team).
When recovering damages in court, the degree of guilt of each member of the team (team) is determined by the court.
The concept of "administrative offense"
In accordance with Art. 2.1 of the Code of Administrative Offenses of the Russian Federation, an administrative offense is an unlawful, guilty action (inaction) of an individual or legal entity, for which the Code of Administrative Offenses of the Russian Federation or the laws of the constituent entities of the Russian Federation on administrative offenses establish administrative responsibility.
Types of administrative penalties
For the commission of administrative offenses (Article 3.2 of the Code of the Russian Federation on Administrative Offenses), the following administrative penalties can be established and applied:
1) warning;
2) an administrative fine;
3) paid seizure of the instrument of committing or the subject of an administrative offense;
4) confiscation of the instrument of committing or the subject of an administrative offense;
5) deprivation of a special right granted to an individual;
6) administrative arrest;
8) disqualification
9) administrative suspension of activities.
A legal entity may be subject to administrative penalties listed in clauses 1-4, 9 of part 1 of Article 3.2. (as amended federal law dated 09.05.2005 No. 45-FZ).
Warning - a measure of administrative punishment, expressed in the official censure of an individual or legal entity. A warning is issued in writing (Article 3.4 of the Code of Administrative Offenses of the Russian Federation).
An administrative fine is a monetary penalty and can be expressed as a multiple of the minimum wage (excluding regional coefficients) (from Article 3.5 of the Code of Administrative Offenses of the Russian Federation).
The amount of the administrative fine may not exceed:
An administrative fine is a monetary penalty, expressed in rubles and established for citizens in an amount not exceeding five thousand rubles; for officials - fifty thousand rubles; for legal entities - one million rubles, or can be expressed as a multiple of:
imposed on citizens - not more than five thousand rubles;
imposed on officials - not more than fifty thousand rubles;
imposed on legal entities - no more than one million rubles.
Disqualification is the removal individual the right to occupy leadership positions in executive body management of a legal entity, to be a member of the board of directors (supervisory board), to carry out entrepreneurial activities to manage a legal entity, as well as to manage a legal entity in other cases provided for by the legislation of the Russian Federation. Administrative punishment in the form of disqualification is appointed by the judge.
Disqualification is established for a period of six months to three years.
Disqualification may be applied to persons exercising organizational, managerial or administrative and economic functions in the body of a legal entity, to members of the board of directors, as well as to persons engaged in entrepreneurial activities without forming a legal entity, including arbitration managers (Article 3.11. Code of Administrative Offenses of the Russian Federation).
An administrative suspension of activity is appointed by a judge only in cases where a less severe type of administrative punishment cannot ensure the achievement of the goal of an administrative punishment.
Administrative suspension of activities is established for a period of up to ninety days.
The judge, on the basis of a petition of a person carrying out entrepreneurial activities without forming a legal entity, or a legal entity, terminates the execution of an administrative penalty in the form of an administrative suspension of activity ahead of time, if it is established that the circumstances that served as the basis for imposing this administrative penalty have been eliminated.
In case of a continuing administrative offense, the time limits begin to be calculated from the day the administrative offense was discovered.
For administrative offenses entailing the application of an administrative penalty in the form of disqualification, a person may be held administratively liable no later than one year from the date of the administrative offense, and in the case of a continuing administrative offense - one year from the day of its discovery.
The following are extracts from the articles of the Code of Administrative Offenses, entailing:
Violation of labor and labor protection legislation
In accordance with Art. 5.27 of the Code of Administrative Offenses of the Russian Federation:
1. Violation of the legislation on labor and labor protection -
- for officials in the amount of five hundred to five thousand rubles;
- for persons engaged in entrepreneurial activities without forming a legal entity - from five hundred to five thousand rubles or an administrative suspension of activities for a period of up to ninety days;
- for legal entities - from thirty thousand to fifty thousand rubles or an administrative suspension of activities for a period of up to ninety days.
2. Violation of the legislation on labor and labor protection by an official who was previously subjected to administrative punishment for a similar administrative offense - entails disqualification for a period of one to three years.
Administrative liability for evading participation in collective bargaining
In accordance with Articles 5.28 - 5.32 of the Code of Administrative Offenses of the Russian Federation, the following types of liability are provided:
Evasion of the employer or a person representing him from participating in negotiations on the conclusion, amendment or addition of a collective agreement, agreement or violation of the statutory deadline for negotiations, as well as failure to ensure the work of the commission for the conclusion of a collective agreement, agreement within the time limits specified by the parties,
- shall entail the imposition of an administrative fine in the amount of one thousand three thousand roubles.
Failure by the employer or the person representing him to provide, within the period established by law, the information necessary for conducting collective bargaining and monitoring compliance with the collective agreement, agreement,
Unreasonable refusal of the employer or the person representing him to conclude a collective agreement, agreement,
Violation or non-fulfillment by the employer or a person representing him of obligations under collective agreement, agreement,
- shall entail the imposition of an administrative fine in the amount of three thousand to five thousand roubles.
Evasion of the employer or his representative from receiving the demands of employees and from participating in conciliation procedures, including failure to provide premises for holding a meeting (conference) of employees in order to put forward demands or creating obstacles to holding such a meeting (such a conference),
- shall entail the imposition of an administrative fine in the amount of one thousand to three thousand roubles.
Administrative liability for violation of industrial safety requirements
In accordance with Art. 9.1 of the RF Code of Administrative Offenses:
1. Violation of industrial safety requirements or conditions of licenses to carry out activities in the field of industrial safety of hazardous production facilities,
- entails the imposition of an administrative fine:
for citizens in the amount of one thousand to one thousand five hundred rubles;
on officials - from two to three thousand rubles;
for legal entities - from twenty to thirty thousand rubles or an administrative suspension of activities for a period of up to ninety days.
2. Violation of industrial safety requirements for the receipt, use, processing, storage, transportation, destruction and accounting of explosives at hazardous production facilities,
- entails the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand roubles; on officials - from three thousand to four thousand rubles; on legal entities - from thirty thousand to forty thousand rubles or an administrative suspension of activities for a period of up to ninety days.
Administrative liability for violation of fire safety requirements
In accordance with Article 20.4 of the Code of Administrative Offenses of the Russian Federation:
1. Violation of fire safety requirements established by standards, norms and rules, except for the cases provided for in Articles 8.32, 11.16 of the Code of Administrative Offenses,
- entails a warning or the imposition of an administrative fine:
for citizens in the amount of five hundred to one thousand rubles;
on officials - from one thousand to two thousand rubles;
on persons engaged in entrepreneurial activities without forming a legal entity - from one thousand to two thousand rubles or an administrative suspension of activities for a period of up to ninety days;
on legal entities - from ten thousand to twenty thousand rubles or an administrative suspension of activities for a period of up to ninety days.
2. The same actions committed under the conditions of a special fire regime,
- entail the imposition of an administrative fine:
for citizens in the amount of one thousand to one thousand five hundred rubles;
on officials - from two thousand to three thousand rubles;
for legal entities - from twenty to thirty thousand rubles.
Drawing up a protocol on an administrative offense
A protocol is drawn up on the commission of an administrative offense (Article 28.2 of the Code of Administrative Offenses of the Russian Federation).
The protocol shall indicate the date and place of its compilation, position, surname and initials of the person who drew up the protocol, information about the person against whom an administrative offense case has been initiated, surnames, first names, patronymics, addresses of the place of residence of witnesses and victims, if there are witnesses and victims , place, time and event of an administrative offense, an article of the Code of Administrative Offenses providing for administrative responsibility, an explanation of the individual or legal representative of the legal entity against whom the case has been initiated, other information necessary to resolve the case.
When drawing up a protocol on an administrative offense, an individual or a legal representative of a legal entity against whom an administrative offense case has been initiated, as well as other participants in the proceedings on the case, are explained their rights and obligations, about which an entry is made in the protocol.
An individual or a legal representative of a legal entity in respect of whom a case on an administrative offense has been initiated must be given the opportunity to familiarize themselves with the protocol on an administrative offense. These persons have the right to submit explanations and comments on the content of the protocol, which are attached to the protocol.
The protocol on an administrative offense is signed by the official who drew it up, the individual or the legal representative of the legal entity in respect of whom the administrative offense case has been initiated. If the indicated persons refuse to sign the protocol, an appropriate entry is made in it.
A natural person or a legal representative of a legal entity in respect of whom an administrative offense case has been initiated, as well as the victim, at their request, is handed a copy of the protocol on an administrative offense against signature.
Execution of the decision to impose an administrative fine
An administrative fine (Article 32.2 of the Code of Administrative Offenses of the Russian Federation) must be paid by a person brought to administrative responsibility no later than thirty days from the date the decision on the imposition of an administrative fine enters into force or from the date of expiration of the deferral or installment period.
In case of failure to pay an administrative fine on time, a copy of the decision to impose an administrative fine shall be sent by the judge, body, official who issued the decision:
in relation to an individual - to an organization in which a person brought to administrative responsibility works, studies or receives a pension, in order to withhold the amount of an administrative fine from his salary, remuneration, scholarship, pension or other income;
in relation to a legal entity - to a bank or other credit organization in order to recover the amount of an administrative fine from Money or from the income of a legal entity.
Execution of the decision on administrative suspension of activities
In accordance with Art. 32.12 of the Code of Administrative Offenses of the Russian Federation The decision of the judge on the administrative suspension of activities is executed by the bailiff - the executor immediately after the issuance of such a decision.
In the event of an administrative suspension of activities, seals are applied, sealing of premises, places of storage of goods and other material assets, cash desks, as well as other measures are taken to implement the measures specified in the decision on administrative suspension of activities, necessary for the execution of an administrative penalty in the form of an administrative suspension of activities.
In the event of an administrative suspension of activities, it is not allowed to apply measures that may entail irreversible consequences for production process, as well as for the functioning and safety of life support facilities.
The administrative suspension of activities shall be prematurely terminated by the judge at the request of a person carrying out entrepreneurial activities without forming a legal entity, or a legal entity, if it is established that the circumstances that served as the basis for imposing an administrative penalty in the form of an administrative suspension of activities have been eliminated. In this case, the judge without fail requests the conclusion of an official authorized in accordance with Article 28.3 of this Code to draw up a protocol on an administrative offense. The conclusion is given in writing, indicating the facts indicating the elimination or non-elimination by a person engaged in entrepreneurial activities without forming a legal entity, or by a legal entity, of the circumstances that served as the basis for imposing an administrative penalty in the form of suspension of activities. The conclusion is not obligatory for the judge and is evaluated according to the rules established by Article 26.11 of the Code of Administrative Offenses of the Russian Federation. The disagreement of the judge with the conclusion must be motivated.
The petition is considered by the judge within five days from the date of receipt by the court in the manner prescribed by Chapter 29 of this Code, taking into account the specifics established by this Article. At the same time, a person carrying out entrepreneurial activities without forming a legal entity, or a legal representative of a legal entity, who are entitled to give explanations and submit documents, is summoned to the court session.
After examining the submitted documents, the judge issues a decision to terminate the execution of an administrative penalty in the form of an administrative suspension of activities or to refuse to satisfy the petition.
The decision on the early termination of the execution of an administrative penalty in the form of an administrative suspension of activities shall indicate the information provided for in Article 29.10 of the Code of Administrative Offenses, as well as the date of resumption of the activities of a person engaged in entrepreneurial activities without forming a legal entity, or a legal entity, its branch, representative office, structural unit, production site, as well as the operation of units, facilities, buildings or structures, the implementation of certain types of activities (works), the provision of services.
Administrative responsibility for non-compliance within the established period of a legal order (decree, presentation) of the body (official) exercising state supervision (control) on the elimination of violations of the law
Failure to comply within the prescribed period (Article 19.5 of the Code of Administrative Offenses of the Russian Federation) with a legal order (decree, presentation) of a body (official) exercising state supervision (control) to eliminate violations of the law -
entails the imposition of an administrative fine:
for citizens in the amount of three hundred to five hundred rubles;
on officials - from five hundred to one thousand roubles;
for legal entities - from five thousand to ten thousand rubles.
The concept of "criminal liability"
In accordance with Art. 14 of the Criminal Code of the Russian Federation criminal liability - a form of legal liability for a criminal offense.
Criminal liability arises for acts (action or inaction) containing all the signs of a crime provided for by the Criminal Code of the Russian Federation.
Criminal offense- a guilty socially dangerous act prohibited by the Criminal Code of the Russian Federation under the threat of punishment.
Types of criminal penalties for violation of labor legislation, labor protection and industrial safety
The types of punishment are (Article 44 of the Criminal Code of the Russian Federation):
- fine;
- mandatory work;
- correctional work;
- confiscation of property;
- restriction of freedom;
- deprivation of liberty for a certain period;
- deprivation of the right to hold certain positions or engage in certain activities. Deprivation of the right to hold certain positions or engage in certain activities is established for a period of six months to three years as additional view punishment.
Responsibility for violation of safety regulations or other labor protection rules
In accordance with Art. 143 of the Criminal Code of the Russian Federation:
1. Violation of safety rules or other labor protection rules committed by a person who was responsible for observing these rules, if this negligently caused harm to human health
- shall be punishable by a fine in the amount up to 200 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to 18 months, or by corrective labor for a term of up to two years, or by deprivation of liberty for a term of up to one year.
- shall be punishable by deprivation of liberty for a term of up to three years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
Responsibility for violation of safety rules in the course of mining, construction or other work
In accordance with Art. 216 of the Criminal Code of the Russian Federation:
1. Violation of safety rules in the course of mining, construction or other work, if this negligently entailed the infliction of grievous bodily harm or major damage, - months, or restraint of liberty for a term of up to three years, or imprisonment for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it.
2. The same act, which negligently caused the death of a person,
Large-scale damage is recognized damage, the amount of which exceeds five hundred thousand rubles.
Responsibility for violation of safety rules at explosive facilities
In accordance with Art. 217 of the Criminal Code of the Russian Federation:
1. Violation of safety rules at explosive facilities or in explosive workshops, if this could lead to the death of a person or caused major damage,
- shall be punishable by a fine in the amount of up to 80 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to six months, or by restraint of liberty for a term of up to three years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years. .
2. The same act, which negligently caused the death of a person,
- shall be punishable by restraint of liberty for a term up to five years, or imprisonment for a term up to five years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term up to three years.
3. An act provided for by paragraph 1 of this article, which negligently caused the death of two or more persons,
- shall be punishable by deprivation of liberty for a term of up to seven years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
Responsibility for violation of fire safety rules
In accordance with Art. 219 of the Criminal Code of the Russian Federation:
1. Violation of fire safety rules committed by a person who was responsible for their observance, if this negligently entailed the infliction of grievous harm to human health,
shall be punishable by a fine in the amount of up to 80 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to six months, or by restraint of liberty for a term of up to three years, or by deprivation of liberty for a term of up to three years, with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years or without it.
2. The same act, which negligently caused the death of a person,
- shall be punishable by restraint of liberty for a term up to five years, or imprisonment for a term up to five years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term up to three years.
3. An act provided for by paragraph 1 of this article, which negligently caused the death of two or more persons,
- shall be punishable by deprivation of liberty for a term of up to seven years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
Liability for crimes related to the use of explosive materials
In accordance with Art. Art. 218, 222, 226 of the Criminal Code of the Russian Federation:
Violation of the rules of accounting, storage. transportation and use of explosive, flammable substances and pyrotechnic products shall be punishable by restraint of liberty for a term of up to three years, or by arrest for a term of up to six months, or by deprivation of liberty for a term of up to four years, with a fine in the amount of up to 80 thousand rubles or in the amount of wages or other income of the convict for a period of up to three months or without it.
- shall be punishable by imprisonment for a term of five to eight years.
Illegal acquisition, transfer, sale, possession, transportation or carrying of firearms, ammunition, explosives or explosive devices
shall be punishable by restraint of liberty for a term of up to three years, or by arrest for a term of up to six months, or by deprivation of liberty for a term of up to four years, with a fine in the amount of up to 80 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three months, or without such.
2. The same acts committed by a group of persons by prior agreement,
- shall be punishable by imprisonment for a term of two to six years.
3. The deeds provided for by the first or second parts of this article, committed by an organized group,
- shall be punishable by imprisonment for a term of five to eight years.
Theft or extortion of firearms, their accessories, ammunition, explosives or explosive devices
1. Theft or extortion of firearms, their components, ammunition, explosives or explosive devices
- shall be punishable by imprisonment for a term of three to seven years.
3. The acts provided for by paragraphs one or two of this article, if they have been committed:
a) by a group of persons by prior agreement;
b) expired. - Federal Law No. 162-FZ dated 08.12.2003;
c) by a person using his official position;
d) with the use of violence not dangerous to life or health, or with the threat of such violence,
- are punishable by deprivation of liberty for a term of five to twelve years, with or without a fine in the amount of up to 500 thousand rubles or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years.
4. The acts provided for by the first, second or third parts of this article, if they are committed:
a) an organized group;
b) with the use of violence dangerous to life or health, or with the threat of such violence,
- shall be punishable by deprivation of liberty for a term of eight to fifteen years, with or without a fine in the amount of up to 500 thousand rubles or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years.
Tags: Responsibility for violations of labor law requirements, labor protection, industrial safety, articles and lectures on labor protection
Commentary on Article 24
1. In accordance with Art. 419 of the Labor Code for the actions specified in the commented article, disciplinary, administrative, criminal and civil liability is provided.
2. Disciplinary responsibility. For violation labor discipline, which is understood as non-performance or improper performance due to the fault of the employee of the labor duties assigned to him, including the obligation to comply with labor protection requirements, provides for disciplinary liability. Thus, the obligation of employees to comply with labor protection requirements is enshrined in Art. 15 of the Federal Law "On the Fundamentals of Labor Protection in the Russian Federation" (see commentary to Article 15 of the Law).
The duties of persons performing the functions of managers in the field of labor protection are also regulated. Regulatory framework for such regulation are in addition to Art. 15 of the Law also part 2 of Art. 21 of the Labor Code of the Russian Federation, internal labor regulations and qualification characteristics of the positions of managers and employees, approved in the prescribed manner.
The qualification characteristics of the mass positions of executives, common to all sectors of the economy, the most widespread in practice, are determined by the Ministry of Labor of Russia ( Qualification guide positions of managers, specialists and other employees, approved by the Decree of the Ministry of Labor of Russia of August 21, 1998 N 37. M .: Prior, 2000). Qualification characteristics of managerial positions specific to individual industries are developed and approved by the Ministries (departments).
It follows from the qualification characteristics of managers that, along with the implementation of the function of organizing production and labor, their duties also include the obligation to ensure healthy and safe working conditions for subordinate performers, as well as monitoring their compliance with labor protection requirements. Moreover, the implementation of organizational and control functions by managers is based on the relationship "power - subordination": the head of a particular level, in accordance with his authority, gives instructions that are mandatory for execution by those to whom they are addressed, i.e., the administrative method of influencing subordinates is used. This is what allows us to say that the persons responsible for ensuring compliance with labor protection requirements at enterprises are persons exercising organizational and administrative functions.
In specific organizations, these qualification characteristics can be used as normative documents of direct action or serve as the basis for the development of internal organizational and administrative documents - job descriptions containing a specific list of job duties of employees, taking into account the specifics of the organization of production, labor and management, as well as rights and responsibilities. If necessary, the duties included in the qualification characteristics of a certain position are distributed among several performers or replenished additional responsibilities. Job descriptions are approved by the head of the organization or his deputy, in whose direct subordination are the unit and the relevant employees, taking into account the opinion of the trade union body. These normative documents it is necessary to be guided in deciding the question of the violation of which obligations to comply with labor protection requirements, the persons exercising organizational and administrative functions, including the functions of ensuring labor protection, are liable.
Certain official duties in the field of labor protection are also assigned to the specialists of the enterprise, which is consolidated in job descriptions. For example, a power engineer ensures not only uninterrupted operation, proper operation, repair and modernization of power equipment, electrical and thermal networks, but also compliance with the rules and norms of labor protection in the performance of these works.
Non-compliance by employees and persons performing organizational and administrative functions, as well as by specialists, through their fault, with the duties assigned to them in the field of labor protection is a violation of labor discipline (disciplinary offense), for which the perpetrators can be brought to disciplinary responsibility (Article 192 of the Labor Code).
A disciplinary offense can be expressed both in the commission of unlawful guilty actions that do not meet the requirements of special norms and rules of labor protection, and in inaction (in the failure to take measures to prevent violations of labor protection requirements). The actions of an employee that do not go beyond the law cannot be considered illegal. Thus, the refusal of an employee to perform work in the event of a danger to his life and health due to violation of labor protection requirements or from performing heavy work and work with harmful and (or) dangerous working conditions not provided for by the employment contract does not entail bringing him to disciplinary liability (Article 9 of the Law and Article 220 of the Labor Code).
The disciplinary misconduct of workers is usually expressed in the fact that they do not comply with the rules for the performance of work and behavior established by labor protection instructions. industrial premises and on construction sites, requirements for handling machines and mechanisms, rules for the use of personal and collective defense, sanitary standards are violated, etc.
The most common violations of labor protection rules by persons endowed with organizational and administrative functions are: allowing employees to perform work without checking their knowledge of labor protection requirements and undergoing internships at the workplace in order to acquire skills in safe work practices; to management of intraplant transport without passing the mandatory medical examination; to work on faulty equipment or to operate technological equipment in violation technical requirements, in the absence of safety and protective devices, without the use of personal protective equipment by employees; as well as the involvement of certain categories of workers in the performance of work prohibited for them by law (hard work, work with harmful or dangerous working conditions, night and overtime work), and etc.
The materials for bringing the employer to disciplinary liability may be the results of inspections by the labor protection service of this organization or state supervision and control bodies and public control bodies over compliance with labor protection legislation. In addition, authorized officials of state supervision bodies can issue binding instructions to employers on bringing persons guilty of violating labor protection legislation to disciplinary liability.
Disciplinary responsibility consists in applying to the guilty one of the following types penalties provided for by labor legislation: remark, reprimand, dismissal from work (Article 192 of the Labor Code). Moreover, dismissal from work can be carried out both in case of a systematic violation (non-compliance) with the requirements of labor protection (clause 5 of article 81 of the Labor Code), and in case of a single gross violation of labor duties by the head of the organization (branch, representative office, branch and other separate subdivision) and his deputies (clause 10, article 81 of the Labor Code). The dismissal of an employee can also take place for violation of labor protection requirements by him, if this violation caused serious consequences (accident at work, accident, catastrophe) or knowingly created a real threat of such consequences (subparagraph "e" of clause 6 of article 81 TC).
The obligations of employees to comply with labor protection requirements and disciplinary measures for non-compliance with them are also enshrined in some charters and regulations on discipline applied in a number of sectors of the economy (for example, the Charter on the discipline of employees of organizations with especially hazardous production in the field of the use of atomic energy, approved by the Decree of the Government of the Russian Federation Federation of July 10, 1998 // SZ RF. 1998. N 29. St. 3557).
Disciplinary action is applied by the head of the organization. Others have such a right only in cases where the specified powers are granted to them by the charter of the organization, the order of the head, etc.
The application of a disciplinary sanction does not relieve the employee who has committed a disciplinary offense from other liability provided for by the legislation of the Russian Federation, in particular from compensation for material damage to the organization. In addition, a disciplinary sanction may be combined with the deprivation in the prescribed manner of bonuses, remuneration based on the results of work for the year and other measures provided for by law and the collective agreement.
According to Art. 193 of the Labor Code, before applying a penalty to a guilty employee, the head of the organization must request a written explanation from him. When imposing a disciplinary sanction, one should take into account the severity of the misconduct committed, the circumstances under which it was committed, the degree of guilt of the employee, previous work and his behavior.
A disciplinary sanction is applied immediately after the discovery of a violation of labor protection requirements, but no later than one month from the date of its discovery, not counting the time the employee was ill or on vacation. After 6 months from the date of the misconduct, the application of a disciplinary sanction is not allowed, except for the cases specified in this article. Only one disciplinary sanction may be applied for each misconduct. A disciplinary sanction may be appealed to the state labor inspectorate or to a commission on labor disputes, and if it has not been established, to a court.
The heads of the organization, their deputies are subject to disciplinary liability in the manner prescribed by Art. 195 TK. Based on the content of this article, trade unions or other representative bodies of employees authorized to monitor compliance with laws and other regulatory legal acts on labor protection, the terms of a collective agreement, agreements, have the right to submit an application to the employer indicating violations of the law and other regulatory legal acts containing requirements on labor protection, allowed by the head of the organization (his deputies).
The employer must, within a week, consider the application of the representative body of employees about the violation by the head of the organization, his deputies of laws and other regulatory legal acts on labor protection, the terms of the collective agreement, agreement and report the results of the consideration to the representative body of employees.
For committed offenses, the employer is obliged to apply a disciplinary sanction to the head of the organization, his deputies, up to and including dismissal.
3. Administrative responsibility. Persons exercising organizational and administrative functions, and other employees responsible for ensuring compliance with labor protection requirements in an organization who have committed administrative offenses in the field of labor protection, are subject to administrative liability.
Administrative responsibility is a measure of state coercion in the form of an administrative punishment for committing an administrative offense - an unlawful, guilty action (inaction) used to prevent the commission of new offenses both by the offender himself and by other persons (clause 1, article 3.1 of the Code of Administrative Offenses). The right to bring to administrative responsibility, as indicated in the commentary to Art. 20 of the Federal Law "On the Fundamentals of Occupational Safety in the Russian Federation", the bodies of state supervision and control over compliance with labor legislation and rules for the safe conduct of work in certain industries and facilities are vested.
The subjects of such responsibility can be both the heads of organizations and other employees who, by virtue of their official position or by special order of the head, are entrusted with the obligation to ensure compliance with labor protection requirements, as well as persons engaged in entrepreneurial activities without forming a legal entity.
Violation of labor protection requirements by these persons can be expressed both in violation of the established rules by their own actions, and in giving instructions to subordinates that are contrary to the rules (instructions) on labor protection, as well as in failure to take measures to ensure compliance with the rules by their subordinates, if the provision compliance with these rules is part of their official duties.
Thus, both the direct organizer of the work (foreman, head of the site) and persons obliged to ensure labor safety (head of the workshop, Chief Engineer organizations), or both.
On the subjective side, a violation of labor protection legislation can be committed both intentionally and through negligence.
Violation of labor legislation and labor protection in accordance with Art. 5.27 of the Code of Administrative Offenses entails the imposition of an administrative fine on officials in the amount of five to fifty times the minimum wage. In addition to the administrative fine Art. 3.2 of the Code of Administrative Offenses provides the new kind administrative punishment - disqualification.
An administrative fine may be imposed by: the chief state labor inspector of the Russian Federation and his deputies; chief state legal labor inspector of the Russian Federation; chief state inspector of the Russian Federation for labor protection and other officials of the federal labor inspectorate and state inspections labor. An administrative penalty in the form of disqualification is appointed by the judge.
Disqualification for a period of one to three years is applied for violation of labor legislation and labor protection to persons previously subjected to administrative punishment for a similar administrative offense.
Disqualification consists in depriving an individual of the right to hold senior positions in the executive management body of a legal entity, to be a member of the board of directors (supervisory board), to carry out entrepreneurial activities to manage a legal entity, and also to manage a legal entity in other cases provided for by the legislation of the Russian Federation.
Administrative responsibility, which is brought to bear by officials of the federal labor inspectorate and state labor inspectorates subordinate to it, is also established for the avoidance of the employer or the person representing him from participating in negotiations on the conclusion of a collective agreement, agreement or for violating the established term for their conclusion (Art. 5.28 of the Code of Administrative Offenses); failure to provide information necessary for conducting collective bargaining and monitoring compliance with the collective agreement, agreement (Article 5.29 of the Code of Administrative Offenses); unreasonable refusal to conclude a collective agreement, agreement (Article 5.30 of the Code of Administrative Offenses); violation or failure to fulfill obligations under a collective agreement, agreement (Article 5.31 of the Code of Administrative Offenses); for the refusal of the employer to hire a disabled person within the established quota (part 1 of article 5.42 of the Code of Administrative Offenses); concealment by the insured insured event with compulsory insurance against accidents at work and occupational diseases (Article 5.44 of the Code of Administrative Offenses).
For the commission of these offenses, an administrative fine is imposed, expressed in a multiple of minimum wage labor.
Administrative liability for violation of industrial safety requirements or the terms of licenses to carry out activities in the field of industrial safety of hazardous production facilities and the subjects of such liability are provided for in Art. 9.1 and Art. 11.20 Administrative Code.
Consider cases of these offenses in accordance with Art. 23.31 of the Code of Administrative Offenses has the right: the head of the Gosgortekhnadzor of Russia; heads of departments and districts of state mining and industrial supervision, their deputies and other officials specified in this article.
Administrative liability for violation of the rules for the use of atomic energy and the procedure for accounting for nuclear materials and radioactive substances, as well as failure to ensure control over compliance with their storage and use, is established by Art. 9.6 of the Code of Administrative Offenses. Cases on responsibility for the named offenses according to Art. 23.33 of the Code of Administrative Offenses are considered by the head of Gosatomnadzor of Russia, his deputies, heads territorial bodies Gosatomnadzor of Russia, their deputies and other officials specified in this article.
Measures of state coercion in the form of administrative punishment are also provided for many other administrative offenses, for example, for commissioning fuel and energy-consuming facilities without the permission of the authorities exercising state supervision at these facilities (Article 9.9 of the Code of Administrative Offenses); for violation of the rules for the use of fuel and energy, the rules for the construction, operation of energy-consuming installations, heating networks, storage facilities, maintenance, sale and transportation of energy carriers, fuel and products of its processing (Article 9.11 of the Code of Administrative Offenses), etc.
Cases of these administrative offenses on behalf of the state energy supervision bodies in accordance with Art. 23.30 of the Code of Administrative Offenses are considered:
Chief State Inspector of the Russian Federation for Energy Supervision and his Deputy;
Senior government inspectors on energy supervision;
State inspectors for energy supervision.
Administrative responsibility in the sphere of labor is also established for violation by organizations of sanitary and hygienic and sanitary and anti-epidemiological norms and rules, violation of sanitary and epidemiological requirements for the operation of public premises, buildings, structures and transport (Articles 6.3, 6.4 of the Code of Administrative Offenses).
Consider cases of these offenses on behalf of the state sanitary and epidemiological service of the Russian Federation in accordance with Art. 23.13 of the Code of Administrative Offenses has the right:
Chief State Sanitary Doctor of the Russian Federation, his deputies;
Chief state sanitary doctors of the subjects of the Russian Federation, their deputies;
Chief state sanitary doctors in transport (water, air), their deputies;
Chief state sanitary doctors of cities, districts;
Chief state sanitary doctors of the federal executive bodies authorized for railway transport, in the field of defense, internal affairs, security, border service, justice, their deputies - on administrative offenses committed at railway transport facilities, defense and other special purposes.
Initiation of administrative proceedings and bringing to administrative responsibility of employers and persons performing organizational and administrative functions are carried out in accordance with the requirements of the Code of Administrative Offenses (see Chapters 28 - 30 of the Code of Administrative Offenses).
4. Criminal liability consists in the fact that a person guilty of committing a crime is obliged to suffer punishment - a measure of state coercion, appointed by a court verdict, which consists in depriving or restricting his rights and freedoms.
Initiation of a criminal case on the fact of violation of labor protection requirements is carried out by a prosecutor or a judge if there is a reason and grounds.
In practice, the reason and grounds for initiating criminal cases by the prosecutor are the materials of the supervisory and control bodies on violations of labor protection requirements received by the prosecutor's office, the direct detection by the prosecutor of violations of labor protection requirements containing signs of a crime, materials on accidents at work sent by employers to the prosecutor's office. without fail, etc.
The types of punishments for violations of labor protection requirements, containing all the signs of a crime, are enshrined in the Criminal Code of the Russian Federation. So, for a violation of safety rules or other labor protection rules committed by a person who was responsible for observing these rules, if this negligently entailed the infliction of serious harm to human health, in accordance with Art. shall be punishable by a fine in the amount of 200 thousand rubles or in the amount of the wage or salary, or any other income of the convicted person for a period of up to 18 months, or by corrective labor for a term of up to 2 years, or by deprivation of liberty for a term of up to one year. The same acts that negligently caused the death of a person are punishable by imprisonment for a term of up to three years, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term of up to 3 years.
The subjects of the crime provided for in this article can be both persons who, by virtue of their official position or by special order, are directly entrusted with the duty to ensure compliance with labor protection rules in a certain area of work, as well as heads of organizations, their deputies, chief engineers, chief specialists of enterprises if they did not take measures to eliminate the violation of labor protection rules known to them, or gave instructions that contradicted these rules, or, taking direct leadership certain types works, did not enforce the same rules.
The Criminal Code also provides for liability for violation of safety rules at nuclear facilities (Article 215 of the Criminal Code); termination or restriction of supply electrical energy or disconnection from other sources of life support (Article 215.1 of the Criminal Code); violation of safety rules when conducting mining, construction or other works (Article 216 of the Criminal Code); safety rules for explosive objects (Article 217 of the Criminal Code); rules for accounting, storage, transportation and use of explosive, flammable substances and pyrotechnic products (Article 218 of the Criminal Code); violation of fire safety rules (Article 219 of the Criminal Code).
The subjects of these crimes can be both heads of organizations and other employees who are entrusted with the duty to ensure compliance with safety rules, and persons who are obliged to comply with these rules.
For violation of labor protection requirements and safety rules, the persons guilty of this are subject to criminal liability, regardless of the organizational and legal forms of the enterprises in which they work.
Along with the considered types of liability of managers and other officials for violation of labor legislation, including labor protection legislation, Art. 419 of the Labor Code also provides for the civil liability of these persons. However, the current legislation does not establish such liability, which provides for certain measures of state coercion, for the specified offense.