Qualification of Labour Safety Criminal Violations at Russian Coal Mining Enterprises

Abstract

In this paper, the issues of qualification of criminal safety violations at coal mining enterprises are discussed in detail. Firstly, a number of articles of the Criminal Code of the Russian Federation for qualification of these acts are defined. The differences between articles 143 and 216 of the Criminal Code of the Russian Federation with the analysis of a concrete example from judicial practice are considered. A similar procedure is carried out in the course of qualifying safety violations at coal mining enterprises under article 217 of the Criminal Code. In this work, the authors do not try to justify the need to decriminalize any articles of the Criminal Code of the Russian Federation, but try to work with the existing legislative framework so that the qualification rules formulated in the work can be used in practice. Also the authors formulate rules for the qualifications of the violations considered in this paper and propose amendments to the Criminal Code that do not require any “revolutionary” changes. A special difficulty is that there are no scientific recommendations on the qualification of criminal safety violations at coal mining enterprises.

Inspection of the Scene at the Initial Stage of the Investigation of Criminal Violations of Safety Rules during Mining

“…In order to implement this recommendation, he (she) instructs the management of the enterprise to take measures to protect the scene of the incident and prevent unauthorized persons there. However, given that in some cases the management may be interested in changing the situation at the scene, the investigator should simultaneously send police officers to guard the scene; 3) establish contact and interact with the departmental commission conducting the official investigation in a situation where the investigator begins work at the scene immediately after the incident [7].…”

“…The working stage of the inspection should begin with the review of the scene of the incident [7]. At this stage, the investigator establishes the main landmarks, and the location of the incident is linked to the environment.…”

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

“…In addition, the commission may employ specialists in various fields of knowledge to carry out calculations, examinations, analyzes and other actions necessary to form the conclusions of the commission [5][6]. The results of a special technical investigation are documented by an act to which other documents are attached: an inspection report of the accident site, acts in a special form (form H-1) for each victim, plans for the site of the accident, explanations of eyewitnesses of the incident, medical reports for each victim, etc.…”

Current State and Prospects of Environmental Problems Legal Regulation in Coal Industry (on Example of Kemerovo Mining Region)

“…This would not have happened if the insurance liability procedure had been ensured, that is, if funds had been withdrawn in advance during the procedure for issuing permits for the use (violation of integrity) of lands for the purpose of extracting mineral resources. This would be a guarantee that they were used in a timely manner, in a targeted manner, to carry out land reclamation and to solve the social problems of the population in the industrial use zone of these lands [10]. And just a very serious problem of the Kemerovo region is a rather extensive fund of disturbed lands, which require recultivation and transfer them to another category of lands.…”