Problematic issues of attracting criminal responsibility for the crimes against industrial safety
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- Category: Content №4 2022
- Last Updated on 29 August 2022
- Published on 30 November -0001
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Authors:
O.Y.Makarenko, orcid.org/0000-0002-3020-0658, Donetsk State University of Internal Affairs, Kryvyi Rih, Ukraine, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Ye.S.Nazymko, orcid.org/0000-0003-4949-4155, Donetsk State University of Internal Affairs, Kryvyi Rih, Ukraine, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Yu.A.Krasnova, orcid.org/0000-0001-7898-9603, National University of Life and Environmental Sciences of Ukraine, Kyiv, Ukraine
N.A.Makarenko, orcid.org/0000-0001-7772-0047, Donetsk State University of Internal Affairs, Kryvyi Rih, Ukraine, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
V.A.Doroshenko, orcid.org/0000-0002-8074-0820, Donetsk State University of Internal Affairs, Kryvyi Rih, Ukraine, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Naukovyi Visnyk Natsionalnoho Hirnychoho Universytetu. 2022, (4): 091 - 095
https://doi.org/10.33271/nvngu/2022-4/091
Abstract:
Purpose. To give recommendations on improving the legal acts to regulate the relevant legal relations in the field of criminalization of encroachments related to violation of labor protection legislation.
Methodology. The study on problematic issues of prosecution for violating the requirements of labor protection legislation was carried out through the study and analysis of: legislative base of Ukraine; works of scientists in relevant fields; analysis of judicial practice (on the example of analysis of judicial practice in cases considered by courts of general jurisdiction of Dnipropetrovsk region and the Supreme Court for the last 15 years) on bringing persons to justice under Parts 1, 2 of Article 271 of the Criminal code of Ukraine Violation of requirements of the legislation on labor protection.
Findings. Some problems that arise in the formation of the criminal law practice of prosecuting persons accused of criminal offenses related to violations of labor legislation, which has led to damage to the health of a worker or their death, including inconsistency of criminalization violation of the severity of negative legal consequences for the perpetrators.
Originality. The work analyzes the problematic issues of bringing one to justice for violating the requirements of labor protection legislation if this violation has caused harm to the health of the victim or his death. Proposals aimed at amending and improving the current criminal and criminal procedure legislation of Ukraine are substantiated.
Practical value. The norms of the responsibility for violation of the legislation on labor protection, judicial practice of the recent years on law enforcement of the corresponding norms are investigated in the work. It is concluded that the current criminal legislation needs to be changed in terms of strengthening the responsibility for the actions provided in Part 2 of Article 271 of the Criminal Code, in the form of increasing the sanction in the form of imprisonment and mandatory application of additional punishment in the form of a ban on holding relevant positions. The results of the study have implications for practicing lawyers, legal advisers and attorneys, lawmakers, and affected workers and their families in the event of the death of a worker.
Keywords: Constitutional rights, court, Criminal Code, labor protection, sanction, law enforcement agencies
References.
1. Constitution of Ukraine (n.d.). Retrieved from https://zakon.rada.gov.ua/laws/show/254/96-#Text.
2. Criminal Code of Ukraine. Official web-site of Verkhovna Rada of Ukraine (n.d.). Retrieved from https://zakon.rada.gov.ua/laws/show/2341-14.
3. Pabinovych, P.M. (Ed.) (2019). Independence and legal responsibility of judges as a guarantee of the rule of law. Lviv: Spolom.
4. Laychuk, S.M. (2018). Pricing of accounting outsourcing services. Business Inform, (2), 210-214.
5. Sihaiov, A.A., & Ahapova, A.I. (2018). Outsourcing as a tool for making business in Ukraine and the world. Market Relations Development in Ukraine: Collection of scientific works, (5), 7-13.
6. Novikova, O.F., & Lohachova, L.M. (2018). Formation of decent working conditions in overcoming industrial hazards in the industry of Ukraine. Ekonomichny visnyk Donbasu, (1), 97-108.
7. Unified state register of court decisions (2021). Retrieved from https://reyestr.court.gov.ua/Review/101819468.
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