CRIMINAL RESPONSIBILITY FOR VIOLATIONS IN THE FIELD OF FIRE SAFETY


Fire safety rules are understood as a set of provisions that establish mandatory fire safety requirements contained in various laws, other regulatory legal acts, as well as in regulatory documents of authorized state bodies aimed at preventing fires and ensuring the safety of people and objects in the event of a fire. About what criminal liability awaits violators of these rules, we will talk in our article.

Before considering criminal liability for violations in the field of fire safety, we note that the harm caused by fires to the person and property of a citizen or legal entity is subject to compensation in accordance with the rules set forth in Article 1064, Part 2 of the Civil Code of the Russian Federation, in full by the person who caused the harm.

According to the provisions of Article 1064 of the Civil Code of the Russian Federation, the person who caused harm is exempted from compensation for harm if he proves that the harm was caused through no fault of his. The law may provide for compensation for harm even in the absence of fault of the tortfeasor.

Damage caused by lawful actions is subject to compensation in cases provided for by law.

Compensation for harm may be denied if the harm was caused at the request or with the consent of the victim, and the actions of the tortfeasor do not violate the moral principles of society.
Do not forget that, based on the provisions of Article 15 of Part 1 of the Civil Code of the Russian Federation, the cost of property destroyed by fire, the costs of restoring or repairing property damaged as a result of a fire or during its extinguishing, as well as other losses caused by fire (for example, Resolution of the Federal Antimonopoly Service Volga-Vyatka District dated September 14, 2007 in case N A82-19635 / 2005-4).

RESPONSIBILITY FOR VIOLATION OF FIRE SAFETY REQUIREMENTS – a legal relationship arising from offenses in the field of fire safety between the state represented by special bodies and the offender, who is obliged to undergo appropriate hardships and adverse consequences for violation of fire safety requirements contained in the regulatory legal acts and regulatory documents on fire safety . For violation of fire safety requirements in accordance with the legislation of the Russian Federation, disciplinary, administrative and criminal liability is established.

Disciplinary responsibility is a legal form of influence on employees for committing a disciplinary offense, which consists in imposing a disciplinary sanction by the administration of the organization.

Administrative responsibility is a legal form of influence on individuals and legal entities for a committed administrative offense.

Criminal liability is the legal consequence of the commission of a crime, which consists in the application of state coercion to the guilty person in the form of punishment.

Criminal liability for crimes in the field of fire safety is provided for by the following articles of the Criminal Code of the Russian Federation:

article 167, part 1. Intentional destruction or damage to another’s property, if these acts caused significant damage;

Article 167, part 2. Intentional destruction or damage to another’s property, committed out of hooligan motives, by arson, explosion or in any other generally dangerous way, or negligently resulting in the death of a person or other grave consequences;

article 219, part 1. Violation of the PPB, committed by a person who was obliged to comply with them, if this negligently entailed the infliction of grievous harm to human health;

article 219, part 2. Violation of the PPB, committed by a person who was responsible for their observance, which negligently caused the death of a person;

article 219, part 3. Violation of the PPB, committed by a person who was responsible for their observance, which negligently caused the death of two or more persons;

Article 261, part 1. Destruction or damage to forest plantations and other plantations as a result of careless handling of fire or other sources of increased danger;

Article 261, part 2. Destruction or damage to forest plantations and other plantations by arson, in any other generally dangerous way, or as a result of pollution or other negative impact.

The following criminal penalties may be established and applied for committing crimes in the field of fire safety:

fine;

deprivation of the right to hold certain positions or engage in certain activities;

correctional work;

restriction of freedom;

imprisonment for a specified period.

Option number 2

Responsibility for violation of fire safety rules

In order for life’s days not to be overshadowed by misfortune, it is necessary to pay special attention to compliance with fire safety rules, since fires cause great harm to the interests of the individual, the interests of property owners, the interests of the state and society as a whole.

The Russian Federation has a number of laws and regulations that provide for a system of measures to combat fires.

The main ones are Federal Law No. 69-FZ of December 21, 1994 “On Fire Safety”, Federal Law No. 123-FZ of July 22, 2008 “Technical Regulations on Fire Safety Requirements”.

A special role in preventing fires and reducing their detrimental consequences belongs to legal norms that provide for liability for violation of fire safety requirements, for an action or inaction that caused harm as a result of a fire.

The obligation of the perpetrator to endure the punishment established by law and compensate for the damage caused is a measure of state coercion of citizens, officials and legal entities to comply with fire safety requirements.

Violations of fire safety requirements entail criminal liability, which provides for imprisonment for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities provided for in part 1 of Article 219 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation) as the maximum penalty for violation of the requirements fire safety, committed by a person who had the duty to comply with them, if this negligently entailed the infliction of grievous harm to human health.

The same act that negligently caused the death of a person, according to Part 2 of Article 219 of the Criminal Code of the Russian Federation, is punishable by imprisonment for a term of up to five 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.

The death of two or more persons as a result of violation of fire safety requirements is punishable under Part 3 of Article 219 of the Criminal Code of the Russian Federation with imprisonment for up to seven years, with or without the application of the above additional penalty.

According to the clarification of the Supreme Court of the Russian Federation (Resolution of the Plenum of the Supreme Court of the Russian Federation dated 05.06.2002 No. 14), the subject of the crime provided for in Article 219 of the Criminal Code of the Russian Federation is the person who was charged with the obligation to fulfill (permanently or temporarily) approved and duly registered rules of the fire department. security (for example, heads of enterprises and organizations of all forms of ownership and persons authorized by them who, by virtue of their position or the nature of the work performed, by virtue of the current regulatory legal acts and instructions, are directly obliged to comply with the relevant rules or ensure their observance in certain areas of work; owners of property , including dwellings, tenants, tenants, etc.)

If the cause of the fire was a violation of safety rules at nuclear power facilities, at explosive facilities, during mining, construction or other work, or a violation of the rules for accounting, storage, transportation and use of explosive, flammable substances, pyrotechnic products, etc., then liability perpetrators comes under the relevant special articles 215, 216, 217, 218 of the Criminal Code of the Russian Federation.

Liability for the deliberate destruction or damage of another’s property by arson is provided for by Part 2 of Article 167 of the Criminal Code of the Russian Federation. Such actions constitute a crime only in the event of significant damage and are punishable by imprisonment for up to five years.

Destruction or damage to someone else’s property on a large scale, committed by careless handling of fire or other sources of increased danger (an unextinguished fire left unattended, a tractor without a spark extinguisher, etc.) entails liability under Article 168 of the Criminal Code of the Russian Federation, the maximum penalty for which is provided imprisonment for up to one year.

Article 261 of the Criminal Code of the Russian Federation provides for criminal liability for the destruction or damage of forest plantations, both as a result of careless handling of fire or other sources of increased danger, and by deliberate arson. In this case, the law does not link liability with the significance of the damage and provides for more severe maximum penalties.

Damage caused by fires to the person and property of a citizen or legal entity is subject to compensation in accordance with the rules of civil law in full by the person who caused the harm.

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