1. Violation of fire safety requirements, committed by a person who had a duty to comply with them, if this entailed through negligence the infliction of serious harm to human health, is punishable by a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period up to six months, or restriction of freedom for a term of up to three years, or forced labor for a term of up to three 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 three years with deprivation of the right hold certain positions or engage in certain activities for a period of up to three years or without it.
2. The same act, which through negligence resulted in the death of a person, is 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 hold certain positions or engage in certain activities for a period of up to three years or without it.
3. An act provided for in the first part of this article, resulting in the death of two or more persons through negligence, is 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 up to five years. for a term of up to seven years with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.
Criminal liability
It may occur when there was intentional (or careless) destruction or damage to property, as well as for violation of fire safety rules resulting in death or serious harm to human health.
For the intentional destruction or damage of someone else's property (Criminal Code of the Russian Federation, Article 167) a fine of up to 40,000 rubles or in the amount of wages or other income of the convicted person for a period of up to three months is provided, or compulsory labor for a period of up to 360 hours, or correctional labor for a period of up to 1 year, or forced labor for up to 2 years, or arrest for up to 3 months, or imprisonment for up to 2 years. The same acts committed out of hooligan motives, by arson, explosion or other generally dangerous method, or which through negligence resulted in the death of a person or other grave consequences, are punishable by forced labor for up to 5 years or imprisonment for the same period.
Destruction or damage to property due to negligence (Criminal Code of the Russian Federation, Article 168)
Destruction or damage to someone else's property on a large scale, committed by careless handling of fire or other sources of increased danger - a fine of up to 120,000 rubles or in the amount of the wages or other income of the convicted person for a period of up to 1 year, or compulsory work for a period of up to 480 hours, or correctional labor for a term of up to 2 years, or restriction of liberty for a term of up to 1 year, or forced labor for a term of up to 1 year, or imprisonment for the same term.
Violation of fire safety requirements (Criminal Code of the Russian Federation, Article 219):
- Committed by a person who had an obligation to comply with them, if this entailed through negligence the infliction of serious harm to a person’s health - a fine of up to 80,000 rubles or in the amount of the wages or other income of the convicted person for a period of up to 6 months, or restriction of freedom for a term of up to 3 years , or forced labor for a term of up to 3 years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to 3 years or without it, or imprisonment for a term of up to 3 years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to 3 years or without it.
- Resulting in the death of a person through negligence - is punishable by forced labor for a term of up to 5 years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to 3 years or without it, or imprisonment for a term of up to 5 years with deprivation of the right to hold certain positions or engage in certain activities. activities for a period of up to 3 years or without it.
- Resulting by negligence in the death of two or more persons - is punishable by forced labor for a term of up to 5 years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to 3 years or without it, or imprisonment for a term of up to 7 years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to 3 years or without it.
Commentary on Article 219 of the Criminal Code of the Russian Federation
1. The main object of the crime is fire safety. Additional object - human health (part 1), human life (parts 2 and 3).
2. The concept of fire safety is defined in Art. 1 of the Federal Law of December 21, 1994 N 69-FZ “On Fire Safety” (as amended on December 30, 2012) <1> as a state of protection of the individual, property, society and the state from fires. The concept of fire as an uncontrolled combustion that causes material damage, harm to the life and health of citizens, and the interests of society and the state is also given there.
——————————— <1> NW RF. 1994. N 35. Art. 3649; 1995. N 35. Art. 3503; 1996. N 17. Art. 1911; 1998. N 4. Art. 430; 2000. N 46. Art. 4537; 2001. N 1 (part 1). Art. 2; N 33 (part 1). Art. 3413; 2002. N 1 (part 1). Art. 2; N 30. Art. 3033; Russian Aerospace Forces. 2002. N 5; NW RF. 2003. N 2. Art. 167; 2004. N 19 (part 1). Art. 1839; N 27. Art. 2711; N 35. Art. 3607; 2005. N 14. Art. 1212; N 19. Art. 1752; 2006. N 6. Art. 636; N 44. Art. 4537; N 50. Art. 5279; N 52 (part 1). Art. 5498; 2007. N 18. Art. 2117; N 43. Art. 5084; 2008. N 30 (part 1). Art. 3593; 2009. N 11. Art. 1261; N 29. Art. 3635; N 45. Art. 5265; N 48. Art. 5717; 2010. N 30. Art. 4004; N 40. Art. 4969; 2011. N 1. Art. 54; RG. 2011. N 159, 160; NW RF. 2011. N 46. Art. 6407; N 49 (part 1). Art. 7023.
In paragraph 1 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated June 5, 2002 N 14, it is explained that fire safety rules should be understood as a set of provisions establishing mandatory fire safety requirements contained in the Federal Law “On Fire Safety” and in federal laws adopted in accordance with it and laws of the constituent entities of the Russian Federation, other regulatory legal acts, regulatory documents of authorized government bodies, in particular, standards, norms and industry fire safety rules, instructions and other documents aimed at preventing fires and ensuring the safety of people and objects in the event of a fire.
Fire safety rules are, for example, approved by Decrees of the Government of the Russian Federation: dated June 30, 2007 N 417 “On approval of Fire Safety Rules in Forests” (as amended on November 1, 2012) <1>; dated December 24, 2008 N 989 “On approval of the Rules for the performance of work and provision of services in the field of fire safety by contractual units of the federal fire service” <2>; dated 04/07/2009 N 304 “On approval of the Rules for assessing the compliance of protected objects (products) with established fire safety requirements through an independent fire risk assessment” (as amended on 10/02/2009) <3>.
——————————— <1> NW RF. 2007. N 28. Art. 3432; 2011. N 20. Art. 2820; 2012. N 6. Art. 671; N 46. Art. 6339. <2> NW RF. 2009. N 2. Art. 203. <3> NW RF. N 15. Art. 1836; 2009. N 41. Art. 4763.
Industry Fire Safety Rules are approved, for example: by Order of the Ministry of Railways of Russia dated November 11, 1992 N TsUO-112 “Fire Safety Rules in Railway Transport” (PPBO-109-92) (as amended on December 6, 2001) <1>; Resolution of the Ministry of Construction of Russia dated 02.13.1997 N 18-7 Construction norms and rules SNiP 21-01-97 “Fire safety of buildings and structures”; Order of the Ministry of Transport of Russia dated December 24, 2002 N 158 “On approval of fire safety rules on inland water transport vessels of the Russian Federation” (as amended on April 22, 2003) <2>; Decree of the Government of the Russian Federation of April 25, 2012 N 390 “On the fire safety regime”, which approved the Rules of the fire safety regime in the Russian Federation <3>; Order of the Ministry of Culture of Russia dated January 12, 2009 N 3 “On approval of Special Fire Safety Rules for State and Municipal Archives of the Russian Federation” <4>.
——————————— <1> M.: Transport, 1994; BNA. 2002. N 6. <2> BNA. 2003. N 10; 36. <3> NW RF. 2012. N 19. Art. 2415. <4> BNA. 2009. N 24.
3. The objective side of the crime is expressed in actions (inaction) related to violation of fire safety requirements, if this negligently resulted in the infliction of serious harm to human health. Actions, as a rule, are associated with a direct violation by a person of rules and fire safety requirements, for example, installing metal bars in windows, eliminating emergency exits from the premises, using flammable and combustible materials in construction, using an electrical installation in violation of operating rules, etc. Inaction, as a rule, is associated with failure to fulfill or improper fulfillment of the obligation to comply with fire safety requirements, for example, failure to comply with the order of the state fire inspector to replace electrical wiring, fire extinguishing equipment of the enterprise, etc.
4. If the cause of the fire was a violation of safety rules at nuclear power facilities, at explosive sites, during mining, construction or other work, or a violation of the rules for accounting, storage, transportation and use of explosives, flammable substances, pyrotechnic products, etc., what was done is covered by special elements of crimes (Articles 215 - 218 of the Criminal Code, etc.), and additional qualifications under the commented article are not required (clause 4 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated 06/05/2002 N 14).
5. The subjective side of the crime is characterized by a careless form of guilt.
6. The subject of the crime in case of violation of fire safety requirements is a special person who was entrusted with the obligation to comply (permanently or temporarily) with fire safety rules approved and registered in the established manner (for example, heads of enterprises and organizations of all forms of ownership and persons authorized by them, who, position held or by the nature of the work performed, by virtue of current regulatory legal acts and instructions, are directly obliged to comply with the relevant rules or ensure their compliance in certain areas of work; property owners, including homes, employers, tenants, etc.) (clause 3 of the Plenum Resolution RF Armed Forces dated 06/05/2002 N 14).
7. Part 2 of the commented article provides for liability for the same act that negligently caused the death of one person, and part 3 - if it negligently resulted in the death of two or more persons.
8. The corpus delicti is material, the crime is considered completed from the moment of actual causing, through negligence, grievous harm to human health (Part 1), or through negligence, the death of one person (Part 2), or through negligence, the death of two or more persons.
Administrative responsibility
In accordance with Article 20.4. Code of Administrative Offenses of the Russian Federation for violation of fire safety requirements (with the exception of violations in forests on railway, sea, inland water or air transport) may result in liability in the form of: a warning or a fine for citizens in the amount of 1000 to 1500 rubles; for officials - from 6,000 to 15,000 rubles; for legal entities - from 150,000 to 200,000 rubles, and for crimes committed under special fire conditions - a fine for citizens from 2,000 to 4,000 rubles; for officials - from 15,000 to 30,000 rubles; for legal entities - from 400,000 to 500,000 rubles.
For individual violations of fire safety requirements:
- For internal fire-fighting water supply, electrical installations of buildings, structures and structures, electrical products or primary fire extinguishing means or fire safety requirements for the provision of buildings, structures and structures with primary fire extinguishing means - a fine for citizens from 2000 to 3000 rubles; for officials - from 6,000 to 15,000 rubles; for persons carrying out entrepreneurial activities without forming a legal entity (hereinafter referred to as individual entrepreneurs) - from 20,000 to 30,000 rubles; for legal entities - from 150,000 to 200,000 rubles.
- For evacuation routes, evacuation and emergency exits or automatic fire extinguishing systems and fire alarm systems, systems for warning people about fire and managing the evacuation of people in buildings, structures and structures or smoke protection systems for buildings, structures and structures - a fine for citizens from 3,000 to 4,000 rubles ; for officials - from 15,000 to 20,000 rubles; for individual entrepreneurs - from 30,000 to 40,000 rubles; for legal entities - from 150,000 to 200,000 rubles.
For repeated violations, a fine of 4,000 to 5,000 rubles is imposed on citizens; for officials - from 20,000 to 30,000 rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from 40,000 to 50,000 rubles or administrative suspension of activities for up to 90 days; for legal entities - from 200,000 to 400,000 rubles or administrative suspension of activities for up to 90 days.
For a violation that results in a fire and the destruction or damage of someone else’s property or causing minor or moderate harm to human health - a fine for citizens of 4,000 to 5,000 rubles; for officials - from 40,000 to 50,000 rubles; for legal entities - from 350,000 to 400,000 rubles. And under the same circumstances, resulting in the infliction of serious harm to a person’s health or his death - a fine for legal entities from 600,000 to 1,000,000 rubles or administrative suspension of activities for up to 90 days.
Failure of a manufacturer (supplier) to fulfill the obligation to include in the technical documentation for substances, materials, products and equipment information on the fire hazard indicators of these substances, materials, products and equipment or information on fire safety measures when handling them, if the provision of such information is mandatory - fine for officials from 15,000 to 20,000 rubles; for legal entities - from 90,000 to 100,000 rubles.
For violation of fire safety requirements regarding the provision of passages, passages and entrances to buildings, structures and structures - a fine for citizens from 1,500 to 2,000 rubles; for officials - from 7,000 to 10,000 rubles; for legal entities - from 120,000 to 150,000 rubles.
By rail, sea, inland waterway or air transport, in accordance with Article 11.16. Code of Administrative Offenses of the Russian Federation for violation of their fire safety requirements - a fine for citizens from 1,500 to 2,000 rubles; for officials - from 4,000 to 5,000 rubles.
In forests, in accordance with Article 8.32. Code of Administrative Offenses of the Russian Federation:
- For violation of fire safety rules in forests - a fine for citizens from 1,500 to 3,000 rubles; for officials - from 10,000 to 20,000 rubles; for legal entities - from 50,000 to 200,000 rubles.
- For burning brushwood, forest litter, dry grass and other forest combustible materials in violation of fire safety rules on land plots directly adjacent to forests, protective and forest plantings and not separated by a fire-fighting mineralized strip at least 0.5 meters wide - a fine of citizens from 3000 to 4000 rubles; for officials - from 15,000 to 25,000 rubles; for legal entities - from 150,000 to 250,000 rubles.
- The same actions (clauses 1.2), committed in a green forest-park belt, entail a fine on citizens of 4,000 to 5,000 rubles; for officials - from 20,000 to 40,000 rubles; for legal entities - from 250,000 to 500,000 rubles.
- For violation of fire safety rules in forests under a special fire regime - a fine for citizens of 4,000 to 5,000 rubles; for officials - from 20,000 to 40,000 rubles; for legal entities - from 300,000 to 500,000 rubles.
- For a violation that results in a forest fire without causing serious harm to human health - a fine for citizens of 5,000 rubles; for officials - 50,000 rubles; for legal entities - from 500,000 to 1,000,000 rubles.
In forests, individual entrepreneurs are treated as legal entities.
