Responsibility for violation of fire safety requirements

June 5, 2019

Types of responsibility.

For offenses in the field of fire safety, including non-compliance with safety regulations, there are three types of liability:

- criminal penalty,

- administrative punishment,

- disciplinary action.

Criminal liability for violation of fire safety rules.

The Criminal Code of the Russian Federation provides for penalties for violation of the Labor Code in Article 219. Paragraph 1 of Article 219 of the Criminal Code of the Russian Federation deals with the violation of the Labor Code by the responsible person through negligence, which resulted in serious harm to the health of the victims. For those found guilty, the following is provided:

— A fine of 80,000 rubles, or the salary (other income) of the convicted person for six months.

— Restriction of freedom up to three years.

— Imprisonment for up to three years plus deprivation of the right to engage in certain activities or hold certain positions (or without them).

Paragraph 2 of Article 219 of the Criminal Code of the Russian Federation deals with the same act, but if it resulted in death due to negligence.

Those found guilty are punishable by up to five years in prison. They may also be deprived of the right to engage in certain types of activities or hold certain positions for up to three years.

Paragraph 3 of Article 219 of the Criminal Code of the Russian Federation provides for punishment for the act described in paragraph 1, but which had an aggravating consequence, namely the death of two or more people. In this case, the offender will be punished by imprisonment for up to seven years. In addition, the offender may also be prohibited from engaging in certain activities or holding certain positions for up to three years.

Administrative liability for violation of fire safety rules

The Code of the Russian Federation on Administrative Offenses (Article 20.4 of the Code of Administrative Offenses of the Russian Federation) provides for penalties for both individuals and legal entities. As usual, administrative punishment is implemented through warnings and monetary penalties. Fines for fire safety violations are determined according to the degree of deviation from the safety regulations, the level of complexity of the situation, and the degree of importance in society of the perpetrators.

Part one (Article 20.4) indicates violations of the safety regulations in normal life conditions (cases described in Articles 8.32 and 11.16 of the Code of Administrative Offenses and parts 6, 6.1 and 7 of this article are excluded): For citizens, a warning or a fine of 2 to 3 thousand rubles is provided. For officials, fines range from 6 to 15 thousand rubles. For entrepreneurs - from 20 to 30 thousand rubles. For legal entities - from 150 to 200 thousand rubles.

The second part (Article 20.4 of the Code of Administrative Offenses) considers the same actions, but under different conditions. Namely, when the authorities (federal or local) declare a special fire regime (Article 30 of the Federal Law “On Fire Safety” dated December 21, 1994, No. 69-FZ): For citizens, a fine of 2 to 4 thousand rubles is provided. For officials, fines range from 15 to 30 thousand rubles. For entrepreneurs - from 30 to 40 thousand rubles. For legal entities - from 200 to 400 thousand rubles.

The sixth part of Article 20.4 discusses violations of safety regulations that resulted in a fire. If slight or moderate harm to people's health is caused, if someone else's property is damaged or destroyed, then the fine scale is as follows: For citizens from 4 to 5 thousand rubles. For officials from 40 to 50 thousand rubles. For legal entities - from 350 to 400 thousand rubles.

Part 6.1 of Article 20.4 indicates violations of safety regulations that resulted in serious harm to health or death of people in a fire. For these acts (inactions), administrative fines are provided for legal entities from 600 thousand to 1 million rubles.

Part 7 of Article 20.4 provides for the liability of manufacturers (suppliers) of products, in those. documentation that should contain information about fire hazards. If a manufacturer or supplier sells hazardous substances, materials, products, but does not inform consumers about the degree of their danger and precautions for handling them (if there is an obligation), then its violation is punishable by a fine:

For officials, fines range from 15 to 20 thousand rubles. For legal entities - from 90 to 100 thousand rubles.

The ninth part of Article 20.4 provides for the responsibility of an expert who assesses the fire risk and violates the established procedure. How to assess the compliance of fire protection products or objects with fire safety requirements is prescribed in Section VII of the “Technical Regulations on Fire Protection” (No. 123-FZ of July 22, 2008). If an expert, conducting an independent assessment (fire safety audit), makes a false conclusion, then his act will entail a fine or disqualification. Administrative fines from 15 to 20 thousand rubles are provided for officials. Disqualification is imposed for a period of 1 to 3 years.

Disciplinary liability for violation of fire safety rules

Disciplinary liability is implemented within the framework of a single organization (enterprise) in accordance with the Labor Code of the Russian Federation. If at an enterprise an employee is required to comply with the relevant fire safety requirements that are imposed on him by the employer, and he does not comply with them, then he will face a reprimand, reprimand or dismissal (depending on the severity of the violations). Financial liability may also be imposed on the perpetrator within the limits of his average earnings or in full.

Number of impressions: 10745

Commentary to Art. 219 Criminal Code

1. The objective side is characterized by an act in the form of action or inaction, constituting a violation of the current fire safety rules, defined by Federal Law of November 18, 1994 N 69-FZ “On Fire Safety”, Fire Safety Rules in the Russian Federation (PPB 01-03), approved by Order of the Ministry of Emergency Situations of Russia dated June 18, 2003 N 313, and other regulatory legal acts. The signs of the objective side are also explained in Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 5, 2002 No. 14 “On judicial practice in cases of violation of fire safety rules, destruction or damage to property by arson or as a result of careless handling of fire.”

2. The crime is completed from the moment of causing serious harm to a person’s health.

Criminal Code of the Russian Federation Article 168. Destruction or damage to property due to negligence

Large-scale destruction or damage to someone else’s property, committed through careless handling of fire or other sources of increased danger,

- shall be punishable by a fine in the amount of up to one hundred twenty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to one year, or by compulsory labor for a term of up to four hundred and eighty hours, or by corrective labor for a term of up to two years, or by restriction of freedom for a term of up to one year, or forced labor for up to one year, or imprisonment for the same period.

Second commentary to Art. 219 of the Criminal Code of the Russian Federation

1. The victim can be any person.

2. The objective side is expressed in violation of rules ensuring fire safety. For example, the absence or malfunction of the necessary fire extinguishing equipment (for example, fire extinguishers) during a fire, leaving electrical equipment unattended, firing stoves with the door open, blocking passages with flammable waste, etc.

Criminal liability for violation of fire safety rules is possible only in the event of socially dangerous consequences - causing serious harm to health. A causal connection must be established between the act committed and the consequences that occurred.

3. From the subjective side, the crime is characterized by a careless form of guilt.

4. The subject of the crime is the person who was entrusted with the obligation to comply with fire safety rules or ensure their compliance in certain areas of work; property owners, as well as persons authorized to own, use and dispose of property (including tenants, tenants, etc.).

5. A qualified type (Part 2 of Article 219) of violations of fire safety rules is causing the death of a person through negligence, and a particularly qualified type (Part 3 of Article 219) is the death of two or more persons.

If a fire occurs as a result of violation of safety rules at nuclear power facilities, explosive facilities, etc. responsibility comes under Art. 215, 216, 217, 218 of the Criminal Code, etc. without additional qualification under Art. 219 CC.

Checks and determination of those responsible

Inspection of the enterprise and establishment of the degree of compliance with the laws and regulations in the field of fire safety is carried out by officials of the State Fire Safety Inspectorate. These activities are planned and unscheduled. Based on the results of the inspection, a protocol is drawn up, which contains data on the compliance or non-compliance of the organizational measures taken at the enterprise to comply with legislation in the field of industrial safety. A separate order to eliminate deficiencies is issued.

Responsibility in the field of fire safety rests with:

heads of organizations, as well as officials authorized to dispose and use property;
persons ensuring compliance with legislation in this area at the enterprise;
officials within their competence;
citizens who are property owners.

Also, a person whose actions caused or could cause damage to human health or damage to property due to a fire may be held liable for violation of fire safety requirements.

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.