New edition of Art. 217 of the Criminal Code of the Russian Federation
1. Violation of industrial safety requirements for hazardous production facilities, which through negligence entailed the infliction of serious harm to human health or major damage, -
shall be punishable by a fine in the amount of up to four hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by imprisonment for a term of up to three years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
2. The same act, resulting in the death of a person through negligence, -
shall be punishable by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or without one.
3. An act provided for in the first part of this article, resulting in the death of two or more persons through negligence, -
shall be punishable by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or by imprisonment for a term of up to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or without one.
Commentary on Article 217 of the Criminal Code of the Russian Federation
1. The public danger of a crime consists of undermining the public security of Russia, causing death to a person or major damage to the owner, or creating a threat of death to a person.
The main elements of the crime are revealed in part 1 comment. article and describes socially dangerous acts included in the category of minor crimes. Qualified personnel are provided for part 2 comments. article and includes acts included in the category of crimes of medium gravity. A particularly qualified composition is enshrined in Part 3 and reveals intentional acts related to serious crimes, as well as careless acts included in the category of crimes of moderate gravity.
2. The main object of criminal encroachment is public safety, regulated by safety rules at explosive sites or in explosive workshops. Optional objects can be human life and property relations. In qualified and especially qualified crimes, human life is an additional object of attack.
3. The objective side of the crime is expressed in the form of action or inaction. An active form of criminal behavior is reflected, for example, in violation of the production process, operation of faulty equipment, and careless handling of fire. Passive criminal behavior is possible, for example, when actions are not performed that ensure a safe production process.
4. A mandatory feature of the objective side of the crime is the place where it was committed, which can be an explosive object or an explosive workshop.
4.1. An explosive object is a section of terrain (room, storage) on which explosive substances are placed, such as gunpowder, TNT, nitroglycerin, and products containing them, in particular ammunition, pyrotechnic products, explosive devices, etc. d.
4.2. An explosive workshop is a section of terrain equipped with production equipment where work related to the production or use of explosive substances and products containing these substances is carried out.
5. The disposition of the article is of a reference-blanket nature, see paragraph 7 of the comment. to Art. 216.
6. According to the legislative structure, the corpus delicti provided for in Part 1 of the comment. article is formal and material. The crime is completed (by elements) at the moment of committing a socially dangerous act - a violation of safety rules at explosive facilities or in explosive workshops, which created a real threat of causing the death of at least one person through negligence, or at the moment of large damage to the owner as a result of a socially dangerous act.
6.1. Major damage is determined according to the note to Art. 216 and is recognized as such if the amount of damage caused exceeds 500 thousand rubles.
7. The elements of the crime provided for in parts 2 and 3 of the comment. Articles, by legislative design, are material. The crime is completed (by elements) at the moment of occurrence due to negligence as a result of violation of the specified safety rules, corresponding to the death of at least one person (Part 2) or the death of two or more persons (Part 3). Here there must be a necessary cause-and-effect relationship between the violation of safety rules and the resulting material, socially dangerous consequence.
7.1. For the death of a person, see paragraph 11.2 of the commentary. to Art. 247.
8. The subjective side of the crime is characterized by guilt in the form of intent or negligence. In the first case, for example, the guilty person realizes that he is violating safety rules at explosive objects, foresees the possibility of major damage as a result of this, and although he does not want to, he consciously allows it to occur or is indifferent to its occurrence. In the second case, for example, the guilty person does not foresee the possibility of major damage as a result of his behavior, although with the necessary care and forethought he should and could have foreseen this consequence.
8.1. In parts 2 and 3 comments. Articles of wine can be characterized by two forms. Here, the mental attitude of the perpetrator to the committed act can be expressed in a deliberate violation of safety rules at an explosive facility and the creation of a real threat of causing major damage, the conscious assumption of this consequence (Part 1), the death of one person due to negligence (Part 2) or the death of two or more persons (part 3).
9. The subject of a criminal offense is a sane individual who has reached the age of 16 at the time of committing the crime, who is obliged to comply with safety rules at explosive facilities or in explosive workshops and (or) responsible for their compliance. These may be officials, specialists responsible for areas of work, performers of work at explosive objects (in explosive workshops).
Federal Law of July 29, 2017 No. 217-FZ
RUSSIAN FEDERATION
THE FEDERAL LAW
On the conduct of gardening and vegetable gardening by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation
Adopted by the State Duma on July 20, 2021
Approved by the Federation Council on July 25, 2021
(As amended by federal laws dated 03.08.2018 No. 340-FZ, dated 25.05.2020 No. 162-FZ, dated 31.07.2020 No. 307-FZ, dated 09.11.2020 No. 369-FZ, dated 22.12.2020 No. 445-FZ)
Chapter 1. General provisions
Article 1. Subject of regulation of this Federal Law
1. This Federal Law regulates relations arising in connection with citizens’ gardening and vegetable gardening for their own needs.
2. This Federal Law defines the specifics of the civil legal status of non-profit organizations created by citizens to conduct gardening and vegetable farming in accordance with the Civil Code of the Russian Federation.
Article 2. Legal regulation of relations in the field of gardening and horticulture by citizens for their own needs
Legal regulation of relations related to citizens' gardening for their own needs is carried out in accordance with this Federal Law and other regulatory legal acts of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation and regulatory legal acts of local governments.
Article 3. Basic concepts used in this Federal Law
For the purposes of this Federal Law, the following basic concepts are used:
1) garden plot of land - a plot of land intended for recreation of citizens and (or) cultivation of agricultural crops by citizens for their own needs with the right to place garden houses, residential buildings, outbuildings and garages;
2) garden house - a building for seasonal use, intended to satisfy citizens’ household and other needs related to their temporary stay in such a building;
3) outbuildings - sheds, bathhouses, greenhouses, sheds, cellars, wells and other structures and structures (including temporary ones) intended to satisfy citizens’ household and other needs;
4) garden plot of land - a plot of land intended for recreation of citizens and (or) cultivation of agricultural crops by citizens for their own needs with the right to place outbuildings that are not real estate intended for storing equipment and crops;
5) public property - located within the boundaries of the territory of citizens conducting gardening or vegetable gardening for their own needs, capital construction projects and land plots of general purpose, the use of which can be carried out exclusively to meet the needs of citizens conducting gardening and vegetable gardening (passage, travel, supply of heat and electricity energy, water, gas, drainage, security, collection of solid municipal waste and other needs), as well as movable things created (created) or acquired for the activities of a horticultural or vegetable gardening non-profit partnership (hereinafter also referred to as the partnership);
6) general purpose land plots - land plots that are property of general use, provided for by the approved documentation on the planning of the territory and intended for general use by the owners of land plots located within the boundaries of the territory where citizens conduct gardening or vegetable gardening for their own needs, and (or) intended for placement other common property;
7) contributions - funds contributed by citizens who have the right to participate in the partnership in accordance with this Federal Law (hereinafter referred to as members of the partnership) to the current account of the partnership for the purposes and in the manner determined by this Federal Law and the charter of the partnership;
The territory where citizens conduct gardening or truck farming for their own needs (hereinafter referred to as the territory of gardening or vegetable gardening) is a territory whose boundaries are determined in accordance with the territory planning documentation approved for this territory.
Article 4. Organizational and legal form of a non-profit organization created by citizens for gardening or truck farming
1. Owners of garden plots of land or vegetable plots of land, as well as citizens wishing to purchase such plots in accordance with land legislation, may create horticultural non-profit partnerships and vegetable gardening non-profit partnerships, respectively.
2. Owners of garden plots or vegetable plots of land located within the boundaries of a gardening or vegetable gardening territory have the right to create only one gardening or vegetable gardening non-profit partnership to manage common property located within the boundaries of this gardening or vegetable gardening territory.
3. A gardening or vegetable gardening non-profit partnership is a type of partnership of real estate owners.
Article 5. Carrying out gardening or truck farming on land plots located within the boundaries of the gardening or truck farming territory, without participating in a partnership
1. Gardening or vegetable gardening on garden land plots or vegetable garden plots located within the boundaries of the gardening or vegetable gardening territory, without participation in the partnership, can be carried out by the owners or, in the cases established by Part 11 of Article 12 of this Federal Law, by the copyright holders of garden or vegetable plots of land, who are not members of the partnership.
2. The persons specified in part 1 of this article have the right to use public property located within the boundaries of the gardening or vegetable farming territory on equal terms and to the extent established for members of the partnership.
3. The persons specified in part 1 of this article are required to pay fees for the acquisition, creation, maintenance of public property, current and major repairs of capital construction projects related to public property and located within the boundaries of the horticulture or market gardening territory, for services and work partnership for the management of such property in the manner established by this Federal Law for the payment of contributions by members of the partnership.
4. The total annual amount of the fee provided for in Part 3 of this article is established in an amount equal to the total annual amount of target and membership fees of a member of the partnership, calculated in accordance with this Federal Law and the charter of the partnership.
5. In case of failure to pay the fee provided for in Part 3 of this article, this fee is recovered by the partnership in court.
6. The persons specified in part 1 of this article have the right to take part in the general meeting of members of the partnership. On the issues specified in paragraphs 4 - 61, 21, 22 and 24 of part 1 and part 29 of article 17 of this Federal Law, the persons specified in part 1 of this article have the right to take part in voting when decisions are made on these issues by the general meeting of members of the partnership . On other issues on the agenda of the general meeting of members of the partnership, the persons specified in Part 1 of this article do not take part in voting when making a decision at the general meeting of members of the partnership. (As amended by federal laws dated May 25, 2020 No. 162-FZ, dated December 22, 2020 No. 445-FZ)
7. The persons specified in Part 1 of this article have the right provided for in Part 3 of Article 11 of this Federal Law.
8. The persons specified in part 1 of this article have the right to appeal decisions of the partnership bodies that entail civil consequences for these persons, in cases and in the manner prescribed by federal law.
Article 6. Carrying out gardening or truck farming on garden or vegetable plots of land without creating a partnership
1. Gardening or gardening on garden or vegetable plots of land may be carried out by citizens without creating a partnership.
2. The provision of garden or vegetable plots of land to the citizens specified in part 1 of this article is carried out in the manner established by the Land Code of the Russian Federation.
3. Citizens engaged in gardening or vegetable farming without creating a partnership carry out their activities in accordance with the legislation of the Russian Federation, including independently interacting with state authorities, local government bodies and other organizations, unless otherwise provided by the legislation of the Russian Federation.
Chapter 2. Creation of a partnership
Article 7. Purposes of creation and activities of the partnership
A partnership may be created and has the right to carry out its activities for joint ownership, use and, within the limits established by federal law, disposal by citizens of common property that is in their common shared ownership or in common use, as well as for the following purposes:
1) creation of favorable conditions for citizens to carry out gardening and vegetable gardening (providing heat and electric energy, water, gas, drainage, management of solid municipal waste, improvement and protection of the gardening or truck farming territory, ensuring fire safety of the gardening or truck farming territory and other conditions);
2) assistance to citizens in the development of land plots within the boundaries of the territory of gardening or vegetable farming;
3) assistance to members of the partnership in interaction with each other and with third parties, including with state authorities and local governments, as well as the protection of their rights and legitimate interests.
Article 8. Charter of the partnership
The charter of the partnership must indicate:
1) name of the partnership;
2) organizational and legal form of the partnership;
3) location of the partnership;
4) the subject and goals of the partnership’s activities;
5) the procedure for managing the activities of the partnership, including the powers of the bodies of the partnership, the procedure for making decisions by them;
6) the procedure for admission to membership of the partnership, withdrawal and exclusion from the number of members of the partnership;
7) the procedure for maintaining the register of members of the partnership;
rights, duties and responsibilities of members of the partnership;
9) the procedure for making contributions, the liability of members of the partnership for violation of obligations to make contributions;
10) composition, procedure for formation and powers of the audit commission (auditor);
11) the procedure for acquiring and creating common property of the partnership;
12) the procedure for changing the charter of the partnership;
13) the procedure for reorganization and liquidation of the partnership;
14) the procedure for providing members of the partnership with information about the activities of the partnership and familiarization with the accounting (financial) statements and other documentation of the partnership;
15) the procedure for interaction with citizens engaged in gardening or vegetable farming on land plots located within the boundaries of the gardening or vegetable farming territory, without participation in the partnership;
16) the procedure for making decisions at the general meeting of members of the partnership by absentee voting.
Article 9. Procedure for creating a partnership
A partnership may be created for the purposes provided for in Article 7 of this Federal Law:
1) by citizens with the subsequent provision to the partnership of a land plot that is in state or municipal ownership;
2) citizens who are owners of garden or vegetable plots of land.
Article 10. Procedure for making a decision on establishing a partnership
1. The decision to establish a partnership is made by citizens (founders) unanimously at their general meeting through in-person voting.
2. Before voting on the issue of establishing a partnership, persons participating in the meeting are required to elect the chairman of the meeting and the secretary of the meeting by a simple majority of votes.
3. The decision to establish a partnership is drawn up in the form of minutes of the meeting, which are signed by the chairman of the meeting, the secretary of the meeting and the founders of the partnership.
4. The decision to establish a partnership shall contain information about the establishment of the partnership, approval of its charter, the procedure, amount, methods and timing of the formation of the property of the partnership, the election (appointment) of the sole executive body of the partnership (chairman of the partnership), the permanent collegial executive body of the partnership ( board) and the audit commission (auditor), opening a bank account (bank accounts) of the partnership. (As amended by Federal Law No. 162-FZ dated May 25, 2020)
5. The decision to establish a partnership must contain information about the results of voting of the founders of the partnership on issues of establishing the partnership, about the procedure for joint activities of the founders to create a partnership, about vesting one of the founders with the authority of the applicant to apply to the body that carries out state registration of legal entities.
6. The number of founders of the partnership cannot be less than seven.
7. From the date of state registration of the partnership, citizens who made the decision to establish the partnership (founders) are its members.
8. Within a month from the date of state registration of the partnership, its members who acquired membership in the partnership in accordance with Part 7 of this article must submit in writing to the chairman of the partnership or other authorized member of the board of the partnership the information specified in Part 5 of Article 12 of this Federal Law .
Chapter 3. Membership in the partnership
Article 11. Rights and obligations of a member of the partnership
1. A member of the partnership has the right:
1) in cases and in the manner provided for by this Federal Law and the charter of the partnership, receive information from the bodies of the partnership about the activities of the partnership and get acquainted with the accounting (financial) statements and other documentation of the partnership;
2) participate in managing the affairs of the partnership;
3) voluntarily terminate membership in the partnership;
4) appeal decisions of the partnership bodies entailing civil consequences in cases and in the manner provided for by federal law;
5) submit applications (appeals, complaints) to the bodies of the partnership in the manner established by this Federal Law and the charter of the partnership.
2. Members of the partnership have other rights provided for by the Civil Code of the Russian Federation, this Federal Law and other regulatory legal acts of the Russian Federation.
3. Members of the partnership have the right to familiarize themselves with and, upon application, receive, for a fee, the amount of which is established by a decision of the general meeting of members of the partnership, copies certified in the manner established by Article 21 of this Federal Law:
1) the charter of the partnership as amended, a document confirming the fact of making an entry in the unified state register of legal entities;
2) accounting (financial) statements of the partnership, income and expense estimates of the partnership, reports on the implementation of such estimates, audit reports (in the case of audits);
3) conclusions of the audit commission (auditor) of the partnership;
4) documents confirming the partnership’s rights to property reflected on its balance sheet;
5) minutes of the meeting on the establishment of the partnership, minutes of general meetings of members of the partnership, meetings of the board of the partnership and the audit commission of the partnership;
6) financial and economic justification for the amount of contributions;
7) other internal documents of the partnership provided for by this Federal Law, the charter of the partnership and decisions of the general meeting of members of the partnership.
4. The fee charged by the partnership for providing copies of the documents specified in part 3 of this article cannot exceed the costs of their production. Providing copies of these documents to the audit commission (auditor), the government body of a constituent entity of the Russian Federation or the local government body of the municipality at the location of the gardening or truck farming territory, courts and law enforcement agencies is carried out free of charge in accordance with their requests in writing.
5. Members of the partnership have the right, within thirty days from the date of submitting an application for an extract from the register of members of the partnership to the board of the partnership, to receive the specified extracts, certified in the manner established by Article 21 of this Federal Law.
6. Along with the responsibilities provided for by civil law for members of a non-profit corporate organization, a member of the partnership is obliged to:
1) not to violate the rights of other members of the partnership and persons engaged in gardening or truck farming on land plots located within the boundaries of the gardening or truck farming territory, without participating in the partnership;
2) timely pay the contributions provided for by this Federal Law;
3) execute decisions made by the chairman of the partnership and the board of the partnership, within the framework of the powers established by this Federal Law or assigned to them by the general meeting of members of the partnership;
4) comply with other obligations related to the implementation of activities within the boundaries of the territory of gardening or truck farming, established by the legislation of the Russian Federation and the charter of the partnership.
Article 12. Grounds and procedure for admission to membership of the partnership
1. Members of the partnership can only be individuals.
2. Acceptance as a member of the partnership is carried out on the basis of an application from the owner of a garden or vegetable plot of land located within the boundaries of the gardening or vegetable gardening territory, which is submitted to the board of the partnership for submission to the general meeting of members of the partnership.
3. Owners or, in the cases established by part 11 of this article, legal holders of garden or vegetable plots of land located within the boundaries of the horticulture or vegetable gardening territory may be accepted as members of the partnership.
4. The owner of a garden or vegetable plot of land, before submitting an application to become a member of the partnership, has the right to familiarize himself with its charter.
5. The application specified in part 2 of this article shall indicate:
1) last name, first name, patronymic (last - if available) of the applicant;
2) address of the applicant’s place of residence;
3) postal address at which the applicant can receive postal messages, except for cases where such messages can be received at the address of residence;
4) email address at which the applicant can receive electronic messages (if available);
5) the applicant’s consent to comply with the requirements of the partnership’s charter.
6. Attached to the application are copies of documents on the rights to a garden or vegetable plot of land located within the boundaries of the gardening or vegetable gardening territory.
7. Consideration by the general meeting of members of the partnership of the application specified in part 2 of this article is carried out in the manner established by the charter of the partnership.
8. Happy reception in the member
Another comment on Art. 217 of the Criminal Code of the Russian Federation
1. The victim can be any person.
2. The objective side is a violation of safety rules at explosive facilities or in explosive workshops. Violation of these rules can be expressed both in the form of action (exceeding the maximum concentration limits of explosive substances) and inaction (failure to provide workplaces with ventilation devices).
Violation of these rules entails criminal liability only if it: a) could lead to the death of a person. The corpus delicti in this case refers to the elements of a specific danger. The crime is considered completed from the moment of violation of these rules. Socially dangerous consequences are beyond the scope of the composition; b) caused major damage. According to the note to Art. 216 of the Criminal Code of the Russian Federation, damage is recognized as large, the amount of which exceeds five hundred thousand rubles. In this case, the composition becomes material, the crime is considered completed from the moment the socially dangerous consequences occur.
3. The location - explosive objects - is a mandatory sign of the objective side of the crime being analyzed.
