Administrative and criminal liability for offenses in the field of occupational safety and health in education
( Pp. 104-108)

More about authors
Tsyndrya Vladimir N. kandidat yuridicheskih nauk, st. prepodavatel, kafedra specialnyh disciplin, fakultet professionalnogo obucheniya sotrudnikov policii
the Crimean branch of the Krasnodar University of the Interior Ministry Evpatoria
Abstract:
The article is devoted to the complex legal research of special labor protection measures, administrative and criminal liability in the field of occupational safety. Currently, the Russian Federation has consistently held public policies aimed at improving safety, improved working conditions, reduction of harmful impacts of industrial character on the workers' health, injury prevention. However, these statistics consequences of violations of labor protection requirements indicate that in this area is done is not enough. Despite a number of scientific research papers on the application of measures of administrative and criminal law to deal with violations of safety rules, this perspective is still relevant and requires further development. The author carries out a legal analysis of the mechanism of administrative and criminal liability for violation of the rules in this area. The role of the head of the budgetary institutions in the prevention of administrative and criminal liability for violation of safety rules at a minimum funding of the Ministry. Obtained problematic aspects of liability immediate supervisor budgetary institution in the Russian legislation in the field of occupational safety and health. Based on analysis of the study concluded. The aim of the present work the author sees in the definition of the problematic aspects of the implementation of special measures for the protection of labor and increase the efficiency of the administrative and criminal liability in the marked area. Achieving this goal is achieved through a legal analysis of regulations, studying the practice of bringing to administrative and criminal sanctions, the selection of statistical data in the field of occupational safety. Studies conducted by the author, it possible to determine the value of the special assessment activities, the prospects of expanding the circle of officials subject to administrative responsibility for violations in this area. The novelty of the present work is due to the original author's conclusions, which emphasized the specificity and diversity of labor protection measures, the possibility of using the institutions of administrative and criminal responsibility, which are of great importance especially in the area of ​​safety. The conclusions of the author of a number of specialists may appear arguable, and thus give rise to further expand discussions on the application of special measures in the prevention of offenses, legal liability in the field of occupational safety and health. Some of the provisions advocated by the author, can be clearly useful for practical application in the work of the bodies authorized to implement the state policy of occupational safety and health of workers. The implementation in practice of separate proposals of the author, such as strengthening of the administrative responsibility of heads of agencies for violations of occupational safety and health, as well as the possibility of bringing to administrative responsibility of line managers of ministries that govern these institutions could have a positive impact on society.
How to Cite:
Tsyndrya V.N., (2016), ADMINISTRATIVE AND CRIMINAL LIABILITY FOR OFFENSES IN THE FIELD OF OCCUPATIONAL SAFETY AND HEALTH IN EDUCATION. Gaps in Russian Legislation, 2 => 104-108.
Reference list:
Konstitutsiya RF. Tekst s izmeneniyami i dopolneniyami na 2015 god / Izdatel stvo: Eksmo-Press, 2015 g. - 32 s.
Trudovoy kodeks RF ot 02 fevralya 2015 g.
KoAP RF ot 30.12.2001 N 195-FZ (red. ot 30.12.2015) (s izm. i dop., vstup. v silu s 15.01.2016)
Ugolovnyy kodeks RF v red. ot 30.12.2015.
Federal nyy zakon ot 28 dekabrya 2013 goda № 426-FZ O spetsial noy otsenke usloviy truda (red. ot 13.07.2015);
Metodicheskie rekomendatsii, utverzhdyennye prikazom Mintruda Rossii ot 24 yanvarya 2014 goda № 33n (v red. Prikaza Mintruda Rossii ot 20.01.2015 N 24n).
Sakaeva K.U. Aktual nye voprosy vozmeshcheniya moral nogo vreda v sfere truda // CHernye dyry v Rossiyskom zakonodatel stve. 2015. № 6. S. 86-90.
KHurmatullina A.M. Problemy realizatsii konstitutsionnoy tsennosti - prava na trud//CHernye dyry v Rossiyskom zakonodatel stve. 2013. № 6. S. 20-24.
Keywords:
occupational, safety, the special assessment of working conditions, violation of labour protection, offense, the responsibility of the head, administrative responsibility, criminal liability, the budget of the organization, The Labour Code, Federal Law.


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