Article 220 of the Criminal Code of the Russian Federation, elements of the crime, comments

ST 220 of the Criminal Code of the Russian Federation.

1. Illegal acquisition, storage, use, transfer or destruction of nuclear materials or radioactive substances - is punishable by restriction of freedom for a term of up to two years, or forced labor for a term of up to two years, or arrest for a term of up to four months, or imprisonment for a term of up to two years.

2. The same acts, which through negligence resulted in the death of a person or other grave consequences, are punishable by imprisonment for a term of up to five years.

3. Acts provided for in the first part of this article, resulting in the death of two or more persons through negligence, are punishable by imprisonment for a term of up to seven years.

Another commentary on Article 220 of the Criminal Code of the Russian Federation

1. The object of the crime is the safety of circulation of nuclear materials or radioactive substances.
2. The subject of the crime is radioactive materials, i.e. radiation sources, nuclear materials, radioactive substances and radioactive waste.

In accordance with the Federal Law “On the Use of Atomic Energy” of 1995 (as amended on June 25, 2012), radiation sources are complexes, installations, devices, equipment and products not related to nuclear installations that contain radioactive substances or generate ionizing radiation.

Nuclear materials are materials containing or capable of producing fissile (fissionable) nuclear substances.

Radioactive substances are substances not related to nuclear materials that emit radiation; radioactive waste – nuclear materials and radioactive substances, the further use of which is not envisaged.

3. The objective side of the crime is characterized by the commission of the following actions: illegal acquisition, storage, use, transfer or destruction of nuclear materials or radioactive substances, i.e. performing the specified actions in violation of the established procedure.

4. Acquisition is the taking of nuclear materials or radioactive substances by any means, except for theft and extortion, which form an independent crime under Art. 221 CC.

5. Storage is the retention of nuclear materials or radioactive substances with oneself, in premises and caches. Their use means use in everyday life, for household needs. When used as a means of committing a crime, the act is qualified independently (for example, under Article 105 of the Criminal Code).

6. Transfer is the alienation of radioactive materials in various ways (sale, donation, exchange). Destruction is expressed in the modification, destruction or fission of radioactive materials.

7. The crime has a formal structure and is considered completed from the moment of commission of any of the listed actions.

8. The subjective side of the crime is characterized by direct intent. The perpetrator is aware that he is handling radioactive materials illegally and wishes to do so.

9. The subject of the crime is a person who has reached the age of 16.

10. Part 2 art.

220 of the Criminal Code provides for liability for the same acts that, through negligence, resulted in the death of a person or other grave consequences (for example, causing serious harm to the health of several persons, mass casualties of people and animals, radioactive contamination of the area).

11. According to Part 3 of Art. 220 of the Criminal Code, liability arises for the same acts that negligently entailed the death of two or more persons. In qualified and especially qualified compositions, the perpetrator acts with a double form of guilt (intention in relation to the actions and carelessness in relation to the consequences).

Current version of Art. 220 of the Criminal Code of the Russian Federation with comments and additions for 2021

2. The same acts, which through negligence resulted in the death of a person or other grave consequences, are punishable by imprisonment for a term of up to five years.

3. Acts provided for in the first part of this article, resulting in the death of two or more persons through negligence, are punishable by imprisonment for a term of up to seven years.

Consultations and comments from lawyers under Art. 220 of the Criminal Code of the Russian Federation

In this composition, it is difficult to prove a careless form of guilt, since the harm from the items used is colossal and this is a well-known fact. The deliberate use of radiation sources in unprotected areas, near people exposed to high doses of radiation, implies the onset of extensive radiation exposure and death.

The defense needs to try to find the line between:

accidental defeat of victims;
using dangerous substances as a weapon of murder.

If the person who purchased an item that spreads radiation did not know or suspect its dangerous properties, the owner will not be held liable under the article for illegal handling of nuclear materials or radioactive substances.

The acquisition of the item in question through one of the types of theft or using threats constitutes another criminal act described in Art. 221 of the Criminal Code.

Legal commentary on the article

The objective side of the norm under consideration deserves a separate comment.

It includes several alternative manifestations:

acquisition;
storage;
usage;
broadcast;
destruction.

Acquisition should be understood as taking possession, excluding acquisition through theft and as a result of threats. This is a purchase, a gift, or even a find with subsequent appropriation. Possession and retention of prohibited items on the premises and in any other places (regardless of their purpose) will be recognized as storage.

Use – use for the purpose of obtaining benefit. The culprit can use dangerous components in medical, scientific activities, or in the household.

Nuclear materials can be transferred by donation, as well as on a reimbursable basis. Destruction is considered to be a change in the type of materials, without the possibility of restoration, up to complete destruction.

The action is performed:

in an active form (action), for example, use for production purposes in the absence of a license;
when the culprit is inactive (storage in places having a different purpose).

What does the legislator include in the concept of “other grave consequences”? The article itself does not reveal it.

They should be understood as the following events:

disruption of the activities of production facilities or institutions, including breakdown of equipment, significant damage, cessation of production;
evacuation of the population from the contaminated area;
the emergence of mass diseases, including those in animals;
harm to health of moderate and severe severity, and others.

The elements of a criminal act are formal (part 1) and material (parts 2 – 3). The moment of the end of the crime will be the beginning of the action of storage, transfer, etc. In a qualified composition, this moment will be the death of the person (persons) or the events described above.

Arbitrage practice

Let us list some cases from judicial practice:

By the verdict of the Mirny Garrison Military Court, a serviceman with the rank of Lieutenant Colonel Trofimov was convicted of violating the circulation of radionuclides. The crime was committed by him as follows. The serviceman had administrative and economic functions at the research and testing center. When deciding to transfer materials to waste, he unreasonably wrote off usable radionuclides. Having placed them in special containers, he illegally stored them first in a safe, and then took the dangerous elements outside the laboratory and, after transportation, buried them in the ground and began using them on the islands. In addition, during the trial, the guilt of the convicted person in using sources of ionizing radiation was proven and radioactive elements to obtain model sources with improperly issued access to such types of work. Based on the totality of crimes, Trofimov was also convicted by a court decision of theft of radionuclides, but based on the episode considered, the court concluded that there was no self-interest in the actions of the culprit.
By the verdict of the Seversky City Court of the Tomsk Region, Ya. was convicted of illegal storage and transfer of part of a gamma flaw detector containing a radioactive element - depleted uranium. The criminal act was committed as follows. The culprit found part of the specified item and, using a screwdriver, got rid of the radiation hazard sign placed on it. After this, the culprit deliberately placed the dangerous find in the pit, disguising the storage location with grass. A day later, he returned to the storage location, took it and took it to a collection point for scrap metal and received a reward.

Since nuclear materials and radiation sources are things withdrawn from civilian circulation, officials have access to them mainly. But in the second case described, the practice involved the appropriation of a dangerous find by an ordinary citizen.

What is Article 220 of the Criminal Code of the Russian Federation about?

The norm of the law is reference, therefore information about the subject, actions characterizing the objective side of the illegal act can only be considered taking into account special legislation in this area. An important source is the Federal Law of November 21, 1995 “On the Use of Atomic Energy”.

Objects of criminal encroachment can be divided into the following:

Tribal – public security of the state.
Specific (main) – safe and harmless circulation of materials from the nuclear industry and radioactive substances.
Additional – life and health of people.
Optional – a favorable environment, including background radiation not exceeding established values.

The subject of the crime is specific and it is extremely difficult to find it in the public domain.

Elements that are socially dangerous to use:

radiation sources are complexes, stations, devices, specialized equipment and things in which radioactive substances are contained or radiation is collected;
nuclear materials, which include those that have the ability to reproduce decaying nuclear substances or directly contain them in their composition;
radioactive substances are components from which radiation propagates, but are not nuclear;
radioactive waste – substances indicated in paragraphs 2 and 3 that are no longer used for their intended purpose and must be disposed of.

The subject is a general, sane sixteen-year-old citizen.

The crime is committed intentionally. In qualified cases that involve the death of victims and the occurrence of other large-scale incidents, a double form of guilt can be noted.

The accused commits any actions or fails to act intentionally, and the irreparable result of his actions is characterized by negligence. .

Article 220. Guarantees of the right of workers to work in conditions that meet labor protection requirements

Determination of the Constitutional Court of the Russian Federation dated January 30, 2020 N 168-O Meanwhile, in her complaint to the Constitutional Court of the Russian Federation in June 2021, the applicant did not challenge the constitutionality of the provisions of the Code of the Russian Federation on Administrative Offences, the Criminal Code of the Russian Federation and the Federal Law “On Special Assessment of Conditions” Labor", as well as the provisions of Articles 144 and 220 of the Labor Code of the Russian Federation.

Determination of the Constitutional Court of the Russian Federation dated September 29, 2016 N 1851-O

2.2. Part two of Article 22, paragraph five of part one of Article 219 and part seven of Article 220 of the Labor Code of the Russian Federation are aimed at ensuring the employee’s right to work in conditions that meet safety and hygiene requirements (Article 37, part 3, of the Constitution of the Russian Federation), and cannot be regarded as violating the constitutional rights of the applicant.

Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated 07/09/2018 N 34-КГ18-9

In the event of harm to the life and health of an employee during the performance of his job duties, compensation for said harm is carried out in accordance with federal law (Part 8 of Article 220 of the Labor Code of the Russian Federation). Legal regulation of relations for compensation for harm caused to health, or in the event of the death of an employee due to an accident at work or an occupational disease, is carried out by the norms of the Federal Law of July 24, 1998 N 125-FZ “On compulsory social insurance against accidents at work and occupational diseases "(hereinafter - Federal Law of July 24, 1998 N 125-FZ), which provides that compulsory social insurance against industrial accidents and occupational diseases, being a type of social insurance, is established for the social protection of the insured by providing in full all necessary types of insurance coverage to compensate for harm caused to their life and health during the performance of duties under an employment contract (clause 1 of Article 1 of this law).

Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated 04/09/2018 N 18-КГ17-272

Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated December 9, 2019 N 78-KG19-46

The state guarantees workers the protection of their right to work in conditions that meet labor protection requirements. The working conditions provided for in the employment contract must comply with labor protection requirements (parts 1 and 2 of Article 220 of the Labor Code of the Russian Federation). According to Article 224 of the Labor Code of the Russian Federation, in cases provided for by this code, other federal laws and other regulatory legal acts of the Russian Federation, the employer is obliged to: comply with the restrictions established for certain categories of workers on engaging them in work with harmful and (or) dangerous working conditions , to perform work at night, as well as overtime work; transfer workers who, for health reasons, require easier work to be given to another job in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, with appropriate payment; establish rest breaks included in working hours; create working conditions for disabled people in accordance with an individual rehabilitation program; carry out other events.

“Review of judicial practice of the Supreme Court of the Russian Federation No. 1 (2020)”

The state guarantees workers the protection of their right to work in conditions that meet labor protection requirements. The working conditions provided for in the employment contract must comply with labor protection requirements (Parts 1 and 2 of Article 220 of the Labor Code of the Russian Federation). According to Art. 224 of the Labor Code of the Russian Federation, in cases provided for by this code, other federal laws and other regulatory legal acts of the Russian Federation, the employer is obliged to: comply with the restrictions established for certain categories of workers on involving them in performing work with harmful and (or) dangerous working conditions, in performing work at night, as well as overtime work; transfer workers who, for health reasons, require easier work to be given to another job in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, with appropriate payment; establish rest breaks included in working hours; create working conditions for disabled people in accordance with an individual rehabilitation program; carry out other events.

Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated August 12, 2019 N 25-КГ19-7