In the Criminal Code of the Russian Federation, negligence is an improper performancean official of the duties that he was assigned, due to negligence towards them. So characterize an act that led to the infliction of major damage or significantly violated the legitimate interests and rights of organizations and citizens, as well as the protected interests of the state and society.
The legislator acknowledges the damage caused to the amount of over one million five hundred thousand rubles by large damages.
Failure to fulfill his duties as an officialis an actual failure to act when the perpetrator, on the contrary, was obliged to act in one way or another, as follows from the commentary to the article "Negligence". Art. 293 of the Criminal Code of the Russian Federation under improper performance of duties implies their execution by the person occupying this or that post, with violation of certain requirements. For example, making mistakes, breaking deadlines, etc. Both actions are due to an unscrupulous or careless attitude towards their service of an official.
In 293 Art. "Negligence" of the Criminal Code regulates the punishment provided for this act. For the crime in question, the law defines sanctions.
1. In the form of a fine.
2. Compulsory or corrective work.
3. In the form of forced labor with deprivation of the right to work in certain positions or engage in any type of activity.
4. Deprivation of liberty or arrest.
The first paragraph of the article provides for sanction inform of fine. This punishment may reach the amount of wages or amount that does not exceed one hundred twenty thousand rubles. It also refers to corrective labor up to one year, compulsory work up to three hundred and sixty hours or arrest for up to three months.
The second paragraph of Article 293 of the Criminal Code "Negligence"regulates the causing of death or causing serious harm to health due to negligence. The punishment for such a criminal act is provided in the form of forced labor with the deprivation of the right to occupy certain positions or any activity. Also it is spoken about imprisonment.
The third paragraph of the article defines the sanction for the act,which caused the death of two or more persons by negligence. The punishment for this crime is forced labor with the deprivation of the right to occupy a certain position or to carry out established activities, as well as deprivation of liberty.
The main object of the composition of the criminal act,which is called negligence (Article 293 of the Criminal Code of the Russian Federation) is the implementation of normal activities of the structures of the public administration and government. Economic interests are an additional object. We are also talking about health, life, property relations.
The objective side has several mandatory characteristics:
1. An act expressed in action or inaction.
2. The consequences caused by this crime.
3. Also formed between them is a causal relationship.
The act has certain characteristics,expressed in the form of inaction. It is punishable. In the event that a person has had to take any action and could have done so, but has not performed them or performed improperly, this definition applies. If we consider the construction of the objective side, then the composition of such an offense is considered specific. In criminal law theory they are called compounds that have a real harm. Simply put, in the absence of the consequences indicated in the article, the composition of the criminal act will be absent, and the guilty person will incur disciplinary or administrative responsibility.
Article 293 of the Criminal Code of the Russian Federation "Negligence" does not give a concretedescription of duties for which the guilty person must be held liable (criminal). For the composition is not enough general indication of the performance of their duties improperly, for example, the words that a person does not correspond to the position held. It is necessary to establish and precisely describe the duties assigned formally for the official.
In the article of the RF Criminal Code "Negligence" is not provided forresponsibility in the event that a citizen can not perform any actions due to, for example, failure to provide the documents sought from another official. If a person in his work allows miscalculations, mistakes due to low professional level, then this indicates that there is no possibility of performing his duties properly. In this case, responsibility can only be disciplinary. The commission of such an act should lead to the onset of consequences in the form of a significant violation of the citizens' interests established by law, as well as human rights, organizations and the interests of the state and society protected by law
In the Criminal Code of the Russian Federation, negligence on the subjective sideIt is characterized as an act with a careless form of guilt, expressed in the form of negligence or frivolity. What is it like? Frivolity is when a person could foresee the occurrence of harmful consequences stipulated by law, but as a result of improper performance or failure to perform his official duties, he expected that they would not come. The article "Negligence" of the Criminal Code of the Russian Federation understands negligently such a situation when a person does not foresee the occurrence of harmful consequences, but with sufficient care, they could be foreseen. If a person did not foresee the occurrence of adverse consequences and could not prevent them, responsibility for such an action is not provided.
If a serious health hazard has occurred or has occurreddeath due to negligence, it is required to prove the causal relationship between consequences and inaction to establish the guilt of an official. In part three, a particularly qualifying sign is the infliction of death on two or more citizens, the cause of which is negligence.
The subject of the crime in questionis an exceptionally sane official. His age must be at least sixteen years. In addition to these nuances, restrictions are not provided for in legislation.
