In the article matters of distinction between labor safety requirements violations and other crimes (when committing those crimes results in causing death of two or more persons) are analyzed. Author stresses that determination of traits of the victims and their legal status as employees (or lack of this status) is required in every case. Special emphasis is made on approaches formulated by the legislator regarding qualification of crimes connected with special rules violations. The first approach is based on the highlighting by the legislator crimes connected with special requirements violations. Object of legal protection of those crimes is wider than social relations providing labor safety. Author comes to the conclusion that in this case the legislator uses «quantity criteria» to determine social danger of the crime. Use of this criterion excludes possibility of additional qualification of committed violations as the crime provided by the art. 143 of the Criminal Code of the Russian Federation. The second approach is based on «quality criteria» which is used to determine an object of legal protection. Use of this criterion means recognition of the traits of the victim as integral element of the corpus of the crime and leads to the necessity of qualification of committed acts as aggregation of crimes provided by art. 143 and art. 109, 238 of the Criminal Code of the Russian Federation.
Translated title of the contributionFEATURES OF QUALIFICATION AND DELIMITATION OF LABOR SAFETY REQUIREMENTS VIOLATIONS FROM OTHER CRIMES RESULTED IN CAUSING DEATH OF TWO OR MORE PERSONS BY NEGLIGENCE
Original languageRussian
Pages (from-to)178-180
JournalЕВРАЗИЙСКИЙ ЮРИДИЧЕСКИЙ ЖУРНАЛ
Issue number11(126)
StatePublished - Nov 2018

ID: 52083247