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.
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 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, 2022, 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.
Determination of the Constitutional Court of the Russian Federation dated December 14, 2021 N 2649-O
3. The criminal law has 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 and 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 range of people. Violation of the requirements of special norms in itself creates a danger of harm to life and health, and other objects of criminal legal protection (Determination of the Constitutional Court of the Russian Federation of July 8, 2022 N 1373-O). At the same time, liability for careless causing of death is provided both in the general rule, which is Article 109 of the Criminal Code of the Russian Federation, and in special rules on liability for violation of rules aimed at reducing the risks of a particular type of activity, including rules ensuring labor protection for workers, industrial safety of hazardous production facilities or safety of construction and other potentially hazardous work (Articles 143, 216 and 217 of the Criminal Code of the Russian Federation).
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, 2022, 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 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.
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).
Violation of transport security requirements
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 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, -
shall be 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 or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or by 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, -
shall be 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 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 one.
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, -
shall be 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 the wages or other income of the convicted person for a period of up to three years, or without it, with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years. or without it.
Note.
In this article, major damage is defined as damage the amount of which exceeds one million rubles.
