Circumstances to be proved in cases, related to criminal violations of health and safety regulations

As part of the study, the article discusses the features of an investigation into violations of labor protection and safety regulations. The purpose of this article is to highlight the circumstances to be proved in cases involving criminal violations of labor protection and safety regulations. The requirements for labor protection and industrial safety are disclosed. At the same time, a debate unfolds between the statements of prominent Russian forensic scientists and an author’s judgment is given. A discussion is underway about whether the circumstances to be proved are an independent element of private forensic investigation techniques. A parallel is drawn to the regulation of crimes related to violations of labor protection and safety regulations, which are regulated by the Labor Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation. Based on the analysis of legislative acts, law enforcement practice, the author substantiates a list of circumstances to be proved in cases involving criminal violations of labor protection and safety regulations. The article distinguishes between the elements of crimes related to the protection of labor rules and safety. The circumstances characterizing the personality of the person accused of a crime in violation of labor protection rules are indicated. The circumstances that exclude crime and criminal punishment, mitigating and aggravating criminal punishment, are disclosed in relation to crimes related to violation of labor protection rules and safety procedures. It is concluded that the circumstances to be proved must be thoroughly investigated and proved, as well as the causal link between the crime and the consequences in cases involving criminal violations of labor protection and safety regulations.

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