ST 263.1 of the Criminal Code of the Russian Federation.
1. Failure to comply with transport safety requirements at transport infrastructure facilities and vehicles, if this act negligently resulted in the infliction of serious harm to human health or the infliction of major damage, 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 of up to six months or restriction of freedom for a period of up to one year.
2. Failure to comply with the requirements for ensuring transport safety of transport infrastructure facilities and vehicles by a person responsible for ensuring transport safety, if this act negligently entailed the infliction of serious harm to human health or the infliction of major damage, is punishable by restriction of freedom for a term of up to four years, or 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.
3. Acts provided for in parts one or two of this article, committed by a group of persons by prior conspiracy or resulting in the death of a person through negligence, are punishable by forced labor for up to five years with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without it or 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 it.
4. Acts provided for in parts one or two of this article, committed by an organized group or resulting in the death of two or more persons through negligence, are punishable by imprisonment for a term of five to eight years with a fine in the amount of up to one million rubles or in the amount of wages or other income of the convicted person for a period of up to three years or without it, with or without deprivation of the right to occupy certain positions or engage in certain activities for a period of up to three years.
Note : In this article, major damage is defined as damage the amount of which exceeds one million rubles.
Commentary to Art. 263.1 Criminal Code
1. The subject of the crime is the infrastructure of railway, air, sea, inland waterway, road and subway transport, as well as corresponding civil vehicles. Transport infrastructure facilities are a technological complex that includes railways, trams and inland waterways, contact lines, highways, tunnels, overpasses, bridges, stations, railway and bus stations, subways, maritime trade, fishing, specialized and river ports, port facilities, shipping hydraulic structures, airfields, airports, communication systems, navigation and vehicle traffic control facilities, as well as other buildings, structures, devices and equipment that ensure the functioning of the transport complex (Article 1 of Federal Law of February 9, 2007 N 16 - Federal Law “On Transport Safety”).
2. The objective side of the crime is expressed in the form of action or inaction. Failure to comply with transport security requirements (Part 1) is a failure to perform, incomplete (insufficient) performance of prescribed actions or the commission of actions prohibited by regulatory legal acts in the field of transport security at transport infrastructure facilities and vehicles. Failure to comply with the requirements for ensuring transport security (Part 2) is the failure to take the necessary measures to prevent non-completion, incomplete (insufficient) performance of prescribed actions or the commission of actions prohibited by regulatory legal acts in order to ensure the state of protection of transport infrastructure facilities and vehicles from acts of illegal interference .
3. The crime is considered completed from the moment the consequences described in the law occur due to negligence. In the absence of these consequences, the acts are qualified under Art. 11.15.1 Code of Administrative Offenses of the Russian Federation.
4. Special subject: a person who, in accordance with the established procedure, is assigned responsibilities for compliance or ensuring compliance with transport security requirements, i.e. responsible for ensuring transport security.
Liability for violation of transport security
The legislation of the Russian Federation provides for administrative
and
criminal liability
for violation of transport security.
Transporting passengers and dangerous goods is not only a business, but also a responsibility for the life and health of those who use the services of road carriers.
In accordance with Article 4 of Federal Law No. 16: “Ensuring transport security of transport infrastructure facilities and vehicles is entrusted to the subjects of transport infrastructure
, carriers, unless otherwise established by this Federal Law and other federal laws.”
It is the carrier
must ensure compliance with transport security requirements.
State bodies monitor and verify compliance by transport security entities with these Requirements. In case of detected violations, a decision is made
to bring the subject to administrative liability or initiate a criminal case.
Administrative liability for violation of transport security requirements
To administrative responsibility
Carriers who do not have the necessary transport security documents specified in the Requirements are attracted.
For example, the subject has not conducted a vulnerability assessment, has no transport security plan (or it has not been implemented), and has no orders to appoint persons responsible for TB. If violations are detected, the subject is subject to a fine of up to 100,000 rubles
.
In special cases, applies administrative suspension of
the organization’s activities for up to 90 days.
Article 11.15.1 of the Code of Administrative Offenses of the Russian Federation
1. Failure to comply with requirements for ensuring transport security
or failure to comply with transport safety requirements, committed through negligence, if these actions (inaction) do not contain a criminal offense - entails the imposition of an administrative fine on citizens in the amount of three thousand to five thousand rubles; for officials - from twenty thousand to thirty thousand rubles; for individual entrepreneurs - from thirty thousand to fifty thousand rubles; for legal entities - from fifty thousand to one hundred thousand rubles.
2. Repeated commission of an administrative offense provided for in Part 1 of this article,
- entails the imposition of an administrative fine on citizens in the amount of five thousand to ten thousand rubles; for officials - from thirty thousand to fifty thousand rubles; for individual entrepreneurs - from fifty thousand to seventy thousand rubles or administrative suspension of activities for up to ninety days; for legal entities - from one hundred thousand to two hundred thousand rubles or administrative suspension of activities for a period of up to ninety days.
3. The action (inaction) provided for in Part 1 of this article, committed intentionally,
- entails the imposition of an administrative fine on citizens in the amount of twenty thousand to thirty thousand rubles with or without confiscation of the instrument or objects of the administrative offense, or administrative arrest for a term of up to ten days; for officials - from fifty thousand to one hundred thousand rubles or administrative arrest for up to ten days; for individual entrepreneurs - from one hundred thousand to one hundred fifty thousand rubles with or without confiscation of the instrument or objects of the administrative offense, or administrative suspension of activities for a period of up to ninety days; for legal entities - from two hundred thousand to five hundred thousand rubles with or without confiscation of the instrument or objects of the administrative offense or administrative suspension of activities for a period of up to ninety days.
Note.
For administrative offenses provided for in this article, persons carrying out entrepreneurial activities without forming a legal entity bear administrative liability as legal entities.
Criminal liability for violation of transport security requirements
To criminal liability
a subject of transport infrastructure may be involved by court decision. For example, if a terrorist attack (Act of Unlawful Interference) occurred on a subject’s vehicle and people died as a result, then the investigative authorities will be required to check compliance with transport security requirements.
If during the investigation it is established that the terrorist attack could have been prevented if the subject had complied with the requirements for ensuring transport security (for example, provided the required control over access to the transport security zone), then in relation to the subject and persons responsible for transport security, may be initiated under Article 263.1 of the Criminal Code of the Russian Federation
.
The article implies punishment depending on the damage caused - from a fine to imprisonment for a term of five to eight years
.
Article 263.1 of the Criminal Code of the Russian Federation
1. Failure to comply with transport safety requirements at transport infrastructure facilities and vehicles, if this act negligently resulted in the infliction of serious harm to human health or the infliction of major damage, 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 of up to six months or restriction of freedom for a period of up to one year.
2. Failure to comply with the requirements for ensuring transport safety of transport infrastructure facilities and vehicles by a person responsible for ensuring transport safety, if this act negligently entailed the infliction of serious harm to human health or the infliction of major damage, is punishable by restriction of freedom for a term of up to four years, or 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.
3. Acts provided for in parts one or two of this article, committed by a group of persons by prior conspiracy or resulting in the death of a person through negligence, are punishable by forced labor for up to five years with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without it or imprisonment for 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.
4. Acts provided for in parts one or two of this article, committed by an organized group or resulting in the death of two or more persons through negligence, are punishable by imprisonment for a term of five to eight years with a fine of up to one million rubles.
or in the amount of wages or other income of the convicted person for a period of up to three years or without it, with or without deprivation of the right to occupy certain positions or engage in certain activities for a period of up to three years.
Note. In this article, major damage is defined as damage the amount of which exceeds one million rubles.
FAQ:
How does the verification take place? On what basis?
The inspection can be scheduled or unscheduled. Read our article for more details.
What happens during verification?
The inspector carries with him a list (checklist) that indicates the transport safety documents that must be in the enterprise. The absence of these documents is grounds for administrative liability.
Can I pay the fine and leave it at that?
Unfortunately no. For example, you received a category, but you did not conduct a vulnerability assessment within the prescribed period. During the inspection, the inspector will issue a fine and provide a resolution according to which you will need to eliminate all transport safety violations within a specified period of time. If you do not comply with the instructions, then a more serious penalty will be imposed on your organization, up to and including administrative arrest of its activities.
I transport passengers, but have never heard of Federal Law No. 16. Do I need to undergo a vulnerability assessment and make a health and safety plan, since before this I was working fine?
Yes need. Federal Law No. 16 came into force in 2007, and although in some regions Rostransnadzor divisions are not as active as in central ones, the situation can change at any time and an inspector may come to you with an inspection on any day.
Our company began conducting a vulnerability assessment and received an inspection order. What to do?
The law in this case does not provide a clear definition and the final decision remains with the inspector. As practice shows, a fine in this case is imposed, but in a smaller amount than if the organization did not comply with transport security requirements at all.
Was our organization fined? So what's now? Can you help?
Yes, of course! Our company is an accredited organization in the field of transport security. Our company’s specialists will help you implement the requirements prescribed in the resolution so that the inspection does not reveal any transport security violations during the re-inspection.
Second commentary to Art. 263.1 of the Criminal Code of the Russian Federation
1. Transport security - the state of protection of transport infrastructure facilities and vehicles from acts of illegal interference. The latter refers to illegal actions (inaction), including a terrorist act, that threaten the safe operation of the transport complex, causing harm to the life and health of people, material damage, or creating the threat of such consequences.
2. Transport infrastructure facilities - a technological complex, including: railways, trams and inland waterways;
contact lines; highways, tunnels, overpasses, bridges; train stations, railway and bus stations; subways; sea trade, fishing, specialized and river ports; port facilities; navigable hydraulic structures; airfields; objects of communication systems, navigation and traffic control of vehicles, as well as other buildings, structures, devices and equipment that ensure the functioning of the transport complex.
Vehicles include aircraft, vessels used for the purposes of merchant shipping or shipping, railway rolling stock, rolling stock of automobiles and electric urban land passenger transport.
3. Failure to comply with the requirements for compliance (Part 1) or ensuring (Part 2) transport security at transport infrastructure facilities and vehicles means refusal to implement or improper implementation of the system of measures determined by the state in the field of transport, corresponding to the threats of committing acts of illegal interference.
4. The consequence of the crime is the infliction of grievous bodily harm and large damage (see commentary to Article 263 of the Criminal Code).
5. The subjective side is characterized by a careless form of guilt.
6. The subject of the crime is special: the person responsible for ensuring and observing transport security.
7. Causing death to one or more persons is provided for, respectively, in parts 3 and 4 of the commented article.
8. Qualifying and especially qualifying features are the commission of this crime by a group of persons by prior conspiracy (Part 3) and by an organized group (Part 4).
Judicial practice under Article 263 of the Criminal Code of the Russian Federation
Resolution of the ECHR dated October 3, 2017
7. The Main Military Prosecutor's Office began an official investigation into the incident on the basis of part three of Article 263 of the Criminal Code of the Russian Federation (“Violation of safety rules for the operation of transport, resulting in the death of two or more persons through negligence”) in the framework of case No. 29/00 /0016-00 (hereinafter referred to as the investigation).
Determination of the Constitutional Court of the Russian Federation dated June 27, 2017 N 1437-O
ARTICLE 263 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION, PART ONE AND POINT 3 OF PART TWO ARTICLE 75, POINT 1 OF PART ONE AND PART TWO ARTICLE 140, PART ONE ARTICLE 144, PART EIGHTH ARTICLE 151 CRIMINAL PROCEDURE CODE
Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated January 22, 2019 N 4-КГ18-91
By a resolution of the senior investigator of the Chelyabinsk Transport Prosecutor's Office dated May 6, 2007, the initiation of a criminal case was refused due to the lack of corpus delicti in the actions of the train driver as provided for in Part 1 of Article 263 of the Criminal Code of the Russian Federation. The decision of the Sovetsky District Court of Chelyabinsk dated December 10, 2012 with JSC Russian Railways in favor of Kunstman E.V. entered into legal force. compensation for moral damage in the amount of 120,000 rubles was recovered.
Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated 07/08/2019 N 56-KGPR19-7
On October 10, 2021, the investigator of the Far Eastern Investigation Department for Transport of the Investigative Committee of the Russian Federation issued a resolution to terminate the criminal case: against the driver Voronin Yu.V. and assistant driver Zaiko V.Yu., who were driving the shunting diesel locomotive, - due to the absence in their actions of the elements of crime provided for in Part 3 of Article 263 (violation of traffic safety rules and operation of railway, air, sea and inland water transport and the subway, resulting in negligence death of two or more persons), Article 125 (leaving in danger) of the Criminal Code of the Russian Federation, in relation to the driver Myasnikov D.S. and assistant driver Savorovsky P.V. - due to the lack of corpus delicti in their actions as provided for in Part 3 of Article 263 of the Criminal Code of the Russian Federation.
Determination of the Constitutional Court of the Russian Federation dated 07/08/2021 N 1373-O
The criminal law establishes a system of special norms aimed at ensuring safety in certain areas of life, characterized by increased requirements for the behavior of subjects (in particular, articles 143, 215, 216, 217, 218, 219, 236, 247, 263, 264, 268, 350 of the Criminal Code of the Russian Federation). In such relations, their participants act as special subjects called upon to comply with a set of rules that ensure both individual safety and the general security of life and health of a wide (indefinite) circle of people. Failure to comply (violate) the requirements of special norms in itself creates a danger of causing harm to the life and health of people and other objects of criminal legal protection.
Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated September 23, 2021 N 49-UD21-25-K6
convicted under Part 3 of Art. 263 of the Criminal Code of the Russian Federation to 4 years of imprisonment with serving the sentence in a penal colony, using Part 3 of Art. The Criminal Code of the Russian Federation imposed an additional punishment in the form of deprivation of the right to hold the position of “station duty officer.” A.S. Kolesnikov was convicted by the same sentence. and Prolomova E.A.
Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated 03/02/2020 N 56-КГ19-26
On June 4, 2021, the senior investigator of the Primorsky Investigation Department for Transport of the Far Eastern Investigation Department for Transport of the Investigative Committee of the Russian Federation issued a decision to refuse to initiate a criminal case under Part 1 of Article 263 of the Criminal Code of the Russian Federation (violation of traffic safety rules and operation of railway, air, sea and inland water transport and metro) under paragraph 2 of part 1 of article 24 of the Criminal Procedure Code of the Russian Federation due to the absence of corpus delicti in the act; under Article 110 of the Criminal Code of the Russian Federation (incitement to suicide) - under paragraph 1 of part 1 of Article 24 of the Criminal Procedure Code of the Russian Federation due to the absence of a crime.
