Commentary to Art. 350 of the Criminal Code
1. This corpus delicti is special in relation to the corpus delicti provided for in Art. 264 CC. The rules for driving and operating a combat, special or transport vehicle are regulated in addition to the Traffic Rules approved by Resolution of the Council of Ministers - Government of the Russian Federation of October 23, 1993 N 1090, and various departmental regulatory legal acts.
2. The objective side is characterized by a violation of driving rules, i.e. direct control during movement, or operation carried out in order to ensure trouble-free operation of these items.
3. The crime will be considered completed from the moment of causing serious harm to human health.
Commentary on Article 350 of the Labor Code of the Russian Federation
The article under comment indicates only some of the features of labor regulation for medical workers. Firstly, she notes such a feature of this category of workers as a reduced working time compared to the general one, which cannot be more than 39 hours per week. Based on this article of the Labor Code, Decree of the Government of the Russian Federation dated February 14, 2003 N 101 “On the working hours of medical workers depending on their position and (or) specialty” was adopted (as amended on February 1, 2005) <1>. Secondly, medical workers are given the right to work part-time, i.e. perform other regular paid work under the terms of an employment contract in their free time from their main job at the place of their main job or in other organizations, including in a similar position, specialty, profession, and in cases where a reduced working time is established (except for work , in respect of which sanitary and hygienic restrictions are established by regulatory legal acts of the Russian Federation).
——————————— <1> NW RF. 2003. N 8. Art. 757; 2005. N 7. Art. 560.
The above-mentioned Decree of the Government of the Russian Federation dated February 14, 2003 N 101 established the specific working hours of medical workers depending on the type and specificity of the work, the degree of harmfulness and danger of working conditions. This Resolution approved lists of positions and (or) specialties of medical workers, organizations, as well as departments, wards, offices and working conditions, work in which gives the right to a shortened working week.
According to Appendix No. 1 to this Resolution, for doctors, mid-level (except for medical archive registrar, medical statistics) and junior medical personnel of medical organizations and institutions (departments, hospitals, centers, wards, offices) specified in it, a reduced 36-hour working hours is established a week.
They also include doctors - heads of structural units (except for statisticians) and some other categories of medical workers of healthcare organizations and institutions.
A 33-hour working week according to the list given in Appendix No. 2 to the said Resolution is provided for:
— for doctors of treatment and preventive organizations, institutions (polyclinics, outpatient clinics, dispensaries, medical centers, stations, departments, offices) conducting exclusively outpatient treatment of patients;
- for doctors and paramedical personnel, physiotherapeutic treatment and preventive organizations, institutions (departments, offices) working full time on medical generators of ultra-short wave frequency (UHF) with a power of over 200 W, as well as dentists, orthopedic dentists, orthodontists, children's dentists, dental therapists, dental doctors, dental technicians (except for dental surgeons, maxillofacial surgeons), dental treatment and preventive organizations, institutions (departments, offices).
A 30-hour working week according to the list given in Appendix No. 3 to this Resolution is established for doctors, including doctors - heads of an institution (department, office, laboratory), mid-level and junior medical personnel of tuberculosis (anti-tuberculosis) healthcare organizations and their structural divisions .
Article 15 of the Federal Law of June 18, 2001 N 77-FZ “On preventing the spread of tuberculosis in the Russian Federation” (as amended on July 18, 2011) <1> establishes reduced working hours for medical workers directly involved in the provision of anti-tuberculosis care.
——————————— <1> NW RF. 2001. N 26. Art. 2581; 2004. N 35. Art. 3607; 2007. N 30. Art. 3808; N 43. Art. 5084; 2008. N 30 (part 2). Art. 3616; 2010. N 31. Art. 4172; 2011. N 30 (part 1). Art. 4590.
The list of positions, the occupation of which is associated with the danger of infection with mycobacterium tuberculosis, giving the right to additional paid leave, a 30-hour work week and additional wages in connection with harmful working conditions, was approved by Order of the Ministry of Health of Russia N 225, the Ministry of Defense of Russia N 194, the Ministry of Internal Affairs of Russia N 363, Ministry of Justice of Russia N 126, Ministry of Education of Russia N 2330, Ministry of Agriculture of Russia N 777, FPS of Russia N 292 dated 05.30.2003 <1>.
——————————— <1> BNA. 2003. N 37.
In addition, a 30-hour work week provides for:
- for doctors, including doctors - heads of departments, laboratories, for nursing and junior medical staff of pathology departments, laboratories, autopsy rooms, morgues, carrying out work directly related to corpses and cadaveric material;
- for doctors and paramedical personnel whose work is directly related to X-ray diagnostics, fluorography, for nurses in X-ray, fluorographic rooms and installations who perform at least half of the working day work directly related to assisting the doctor in carrying out work on X-ray diagnostics, fluorography, X-ray therapy unit with visual control and for some other categories of medical workers defined in the specified Resolution of healthcare organizations and institutions;
- for doctors, paramedical and junior medical personnel of institutions of the state service of medical and social examination (main bureau of medical and social examination, bureau of medical and social examination) carrying out examinations of citizens with tuberculosis;
- for forensic medical experts of the Bureau of Forensic Medicine, including doctors - heads of departments, divisions, nursing and junior medical personnel, whose work is directly related to corpses and cadaveric material.
A 24-hour work week is established for medical workers: doctors, paramedics and junior personnel, whose work is directly related to radioactive substances and sources of ionizing radiation, carrying out gamma therapy and experimental gamma irradiation with gamma drugs in radiomanipulation rooms and laboratories.
Consequently, differences in the working hours of medical workers are determined by the category of workers they belong to.
A significant number of medical workers enjoy the right to additional leave. This right, as well as reduced working hours, is conditioned by work that poses a danger to the life and health of workers.
Currently, the List of industries, workshops, professions and positions with hazardous working conditions continues to operate, work in which gives the right to additional leave and a shortened working day, approved by the Resolution of the State Committee for Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 N 298 / P-22 (in edition dated May 29, 1991) <1>.
——————————— <1> M.: Economics, 1977.
The list of categories of medical workers entitled to additional leave in connection with work in hazardous conditions is included in section. XL “Healthcare” of this List. Selected groups of health care workers are listed in section. XLI “Working with radioactive substances and sources of ionizing radiation” and in section. XLIII “General professions of all sectors of the national economy.”
The duration of additional leaves for medical workers in accordance with the specified List is established depending on the harmfulness of working conditions and the degree of their danger to the health of the employee. This duration varies from 6 working days for employees of physiotherapy departments and offices to 36 working days for employees of anti-plague institutions performing work in especially harmful and especially dangerous conditions.
In the post-Soviet period, a number of federal laws and decrees of the Government of the Russian Federation were adopted, according to which certain categories of medical workers are granted additional leave for various reasons.
Additional leave for work with harmful working conditions of 30 working days is established for psychologists and physiologists who directly work with mentally ill people, for doctors - managers (with irregular working hours) of psychiatric (psychoneurological), neurosurgical, drug treatment, treatment and preventive institutions, departments, wards and offices, nursing homes (departments) for mentally ill people and their deputies, as well as chief psychiatrists of health care authorities directly involved in the provision of psychiatric care (see Resolution of the Ministry of Labor of Russia dated July 8, 1993 N 133 <1>).
——————————— <1> Bulletin of the Russian Ministry of Labor. 1993. N 6.
In accordance with Federal Law dated March 30, 1995 N 38-FZ “On preventing the spread in the Russian Federation of the disease caused by the human immunodeficiency virus (HIV infection)” (as amended on July 18, 2011) <1> and the Decree of the Government of the Russian Federation dated April 3 .1996 N 391 “On the procedure for providing benefits to employees exposed to the risk of contracting the human immunodeficiency virus in the performance of their official duties” <2> for employees of healthcare institutions performing work associated with a corresponding risk, the duration of annual paid leave is established at 36 working days, taking into account the annual additional leave for work in hazardous working conditions. These leaves are provided to employees of healthcare organizations that diagnose and treat HIV-infected people, as well as employees of organizations whose work involves materials containing the human immunodeficiency virus, in accordance with the Procedure approved by Resolution of the Ministry of Labor of Russia dated 08.08.1996 N 50 <3>.
——————————— <1> NW RF. 1995. N 14. Art. 1212; 2004. N 35. Art. 3607; 2007. N 43. Art. 5084; 2008. N 30 (part 2). Art. 3616; 2010. N 31. Art. 4172; 2011. N 30 (part 1). Art. 4590. <2> NW RF. 1996. N 15. Art. 1629. <3> BNA. 1996. N 6.
Decree of the Government of the Russian Federation of December 30, 1998 N 1588 “On establishing for general practitioners (family doctors) and nurses of general practitioners (family doctors) an annual additional paid 3-day leave for continuous work in these positions” <1>, as can be seen from its name, another basis for granting annual additional paid leave is provided. The annual additional paid three-day leave established by him is provided to general practitioners (family doctors) and nurses of these doctors for continuous work in their positions for more than three years. The resolution also stipulates that the length of service giving the right to this leave includes the time of immediately preceding continuous work in the positions of local general practitioners and local doctors, as well as nurses in therapeutic and pediatric territorial areas. This norm is encouraging and stimulating.
——————————— <1> NW RF. 1999. N 2. Art. 300.
The remuneration of healthcare workers has its own characteristics. They are paid salaries in accordance with their position and rank established by the Unified Technical System, taking into account the availability of a qualification category, academic degree and honorary title. The procedure for obtaining qualification categories by specialists with higher and secondary specialized education is established by Order of the Ministry of Health of Russia dated 08/09/2001 N 314 “On the procedure for obtaining qualification categories” (as amended on 03/19/2009) <1>. Qualification categories (second, first and highest) are assigned by an attestation commission created in the prescribed manner. The assigned categories are valid for five years from the date of issue of the order for their assignment.
——————————— <1> BNA. 2001. N 36; 2009. N 20.
The categories of remuneration and tariff coefficients for medical workers when determining rates (salaries) on the basis of the unified technical system are determined by categories of workers: junior medical personnel (from 2nd to 4th category); nursing staff (from 4th to 12th category); medical personnel (from 9th to 16th category).
In accordance with the instructions of the Government of the Russian Federation, the Ministry of Labor of Russia, in agreement with the Ministry of Finance of Russia and the Ministry of Health of Russia, adopted Resolution No. 18 of 08.10.1992 “On the establishment of bonuses for the duration of continuous work for doctors, pharmacists and other employees of healthcare institutions and social protection of the population” (as amended by 10/25/2002) <1>, for whom he established bonuses for the duration of continuous work for doctors and pharmacists of all types, including heads of institutions and structural divisions for whom such bonuses were not previously established, as well as other employees (specialists, employees, workers) of healthcare institutions and social protection of the population in the amount of 20% of the official salary (tariff rate) for the first three years and 10% of the official salary (tariff rate) for the next two years of continuous work. The maximum amount of allowances cannot exceed 30% of the official salary (tariff rate).
——————————— <1> Bulletin of the Russian Ministry of Labor. 1992. N 11 - 12; 2002. N 11.
In accordance with the Program of State Guarantees for the provision of free medical care to citizens of the Russian Federation for 2011, approved by Decree of the Government of the Russian Federation dated October 4, 2010 N 782 <1>, letter of the Ministry of Health and Social Development of Russia dated December 17, 2010 N 20-2/10/2-12028 “On formation and economic justification of the territorial program of state guarantees for the provision of free medical care to citizens of the Russian Federation for 2011" defines the procedure for developing and financing the implementation of state (municipal) tasks to ensure state guarantees for the provision of free medical care to citizens of the Russian Federation at the expense of budget funds of all levels and mandatory funds medical insurance, as well as control over their implementation, which is carried out on the basis of Decree of the Government of the Russian Federation of May 6, 2003 N 255 “On the development and financing of tasks to ensure state guarantees for the provision of free medical care to citizens of the Russian Federation and control over their implementation.”
——————————— <1> NW RF. 2010. N 41 (part 2). Art. 5239.
The procedure for part-time work of medical workers is determined by Resolution of the Ministry of Labor of Russia dated June 30, 2003 N 41 “On the peculiarities of part-time work for teaching, medical, pharmaceutical and cultural workers” <1>.
——————————— <1> BNA. 2003. N 51.
Decree of the Government of the Russian Federation of November 12, 2002 N 813 “On the duration of part-time work in health care organizations for medical workers living and working in rural areas and in urban settlements” <1> established the duration of part-time work in health care organizations for medical workers living and working in rural areas and in urban settlements, lasting no more than 8 hours a day and 39 hours a week.
——————————— <1> NW RF. 2002. N 46. Art. 4595.
The duration of part-time work for medical workers during a month is established by agreement between the employee and the employer, and for each employment contract it cannot exceed:
for medical and pharmaceutical workers - half the monthly standard working time, calculated from the established length of the working week;
for medical and pharmaceutical workers whose half of the monthly working time for their main job is less than 16 hours per week - 16 hours of work per week;
for doctors and paramedical personnel in cities, districts and other municipalities where there is a shortage - a monthly standard of working time, calculated from the established length of the working week. At the same time, the duration of part-time work for specific positions in institutions and other organizations of federal subordination is established in the manner determined by federal executive authorities, and in institutions and other organizations under the jurisdiction of constituent entities of the Russian Federation or local governments - in the manner determined by state bodies authorities of constituent entities of the Russian Federation or local governments;
for junior medical and pharmaceutical personnel - the monthly standard of working time, calculated from the established length of the working week.
In order to strengthen the labor protection of medical workers, Decree of the Government of the Russian Federation dated 04/03/2006 N 191 approved the List of positions subject to compulsory insurance for medical, pharmaceutical and other workers of the state and municipal healthcare systems, the occupation of which is associated with a threat to the life and health of these workers <1>.
——————————— <1> NW RF. 2006. N 15. Art. 1621.
Second commentary to Art. 350 of the Criminal Code of the Russian Federation
1. Violation of driving rules is a violation of the rules for driving a moving vehicle: speeding, violation of overtaking rules, failure to switch high beams to low beams, etc. Violation of operating rules means a violation of the rules for using a military vehicle in accordance with its purpose and technical capabilities, as well as for maintenance: releasing a technically faulty vehicle into flight, allowing persons who do not have the right to operate it, etc.
2. On the concept of grievous bodily harm, see the commentary to Art. Art. 111 of the Criminal Code.
3. The subject of the crime is a military serviceman driving a vehicle or responsible for its operation (if responsible for violating operating rules).
4. The subjective side of the crime is guilt in the form of negligence.
