About improvement of the legal regulation of the crime provided by article 216 of the Code of the Russian Federation

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Introduction: the article discusses some problems related to the criminal law regulation of liability for violation of safety rules during construction or other work (Article 216 of the Criminal Code of the Russian Federation). Materials and methods: the normative basis of the study was the Constitution of the Russian Federation, the Criminal Code of the Russian Federation, clarifications of the Plenum of the Supreme Court of the Russian Federation, judicial practice in criminal cases considered by the Supreme Court of the Russian Federation and federal courts of the subjects, legislation governing safety rules at work, when fulfilling construction and other types of work. The methodological basis of the research was the dialectical and logical methods, methods of induction and deduction, analysis and synthesis, formal-logical, system-structural and other methods of scientific knowledge. Results of the study show that it is inappropriate to allocate specific types of works - construction works or other works in the allocation. Facts have proved that in order to enable law enforcers to correctly interpret the provisions of the criminal law. Article 216 of the Criminal Code of the Russian Federation provides that these jobs are more dangerous. Findings and conclusions: the concept of work with increased danger has been formulated. The ways of developing legislation in terms of modernizing the disposition of Art. 216 of the Criminal Code of the Russian Federation by including as a criminal offense violation of the rules for the production of engineering surveys and design for construction and causing harm to health of moderate severity, as well as exclusion from part 1 of Art. 216 of the Criminal Code of the Russian Federation signs of major damage.

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Violation of safety rules, construction work, work with increased danger, major damage, harm to health of moderate severity, design, engineering surveys

Короткий адрес: https://sciup.org/143178197

IDR: 143178197   |   DOI: 10.24412/2312-3184-2021-3-90-106

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