ST 236 of the Criminal Code of the Russian Federation.
1. Violation of sanitary and epidemiological rules, which through negligence resulted in mass disease or poisoning of people or created the threat of such consequences, -
shall be punishable by a fine in the amount of five hundred thousand to seven hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one year to eighteen months, or by deprivation of the right to hold certain positions or engage in certain activities for a period of one to three years, or by restriction freedom for a term of up to two years, or forced labor for a term of up to two years, or imprisonment for the same term.
2. Violation of sanitary and epidemiological rules, resulting in the death of a person through negligence, -
shall be punishable by a fine in the amount of one million to two million rubles, or in the amount of the wages or other income of the convicted person for a period of one to three years, or by restriction of liberty for a term of two to four years, or by forced labor for a term of three to five years. , or imprisonment for the same period.
3. Violation of sanitary and epidemiological rules, resulting in the death of two or more persons through negligence, -
shall be punished by forced labor for a term of four to five years or imprisonment for a term of five to seven years.
Commentary on Article 236 of the Criminal Code of the Russian Federation
The object of the crime is public relations to protect the sanitary and epidemiological well-being of the population.
According to the Federal Law of March 30, 1999 N 52-FZ “On the sanitary and epidemiological welfare of the population” <1> it is understood as such a state of health of the population, the human environment, in which there is no harmful impact of environmental factors on humans and favorable conditions are provided his life activity. ——————————– <1> NW RF. 1999. N 14. Art. 1650.
The objective side of the crime is a violation of sanitary and epidemiological rules, which resulted in mass disease or poisoning of people.
State sanitary and epidemiological rules and regulations are regulatory legal acts that establish sanitary and epidemiological requirements (including criteria for the safety and (or) harmlessness of environmental factors for humans, hygienic and other standards), non-compliance with which creates a threat to human life or health, as well as the threat of the emergence and spread of diseases.
Action can be expressed both in actions and inaction. For example, allowing an employee with an infectious disease to work at a catering enterprise, manufacturing food products in violation of sanitary standards, etc.
A mass disease of people is a disease of a significant number of the population in a certain territory when the average incidence rate of a given disease is several times higher. The mass scale criteria are determined by epidemiologists. Mostly mass diseases of people are: acute intestinal diseases, diphtheria, measles, pediculosis, scabies, tularemia, salmonellosis, anthrax, cholera, tuberculosis, brucellosis.
Diseases can be infectious or non-infectious. Human infectious diseases are diseases, the occurrence and spread of which is caused by the impact on humans of biological environmental factors (causative agents of infectious diseases) and the possibility of transmission of the disease from a sick person or animal to a healthy person.
Infectious diseases that are dangerous to others are human infectious diseases characterized by severe course, high mortality and disability rates, and rapid spread among the population (epidemic).
Mass non-infectious diseases (poisonings) are human diseases, the occurrence of which is caused by the influence of physical and (or) chemical and (or) social environmental factors.
Poisoning is the introduction of a foreign substance into the body in a toxic dose. It can be caused by consuming a substance of animal, plant or synthetic origin. According to the meaning of the article, the poisoning must be massive. Diseases can be bacterial, viral, intestinal, etc., food poisoning caused by drinking poor-quality water or using items containing carcinogenic substances.
The crime is considered completed after mass disease or poisoning of people occurs. The corpus delicti is material.
A more dangerous type of this crime is a violation of the relevant rules, resulting in the death of a person (Part 2 of Article 236 of the Criminal Code of the Russian Federation). Thus, a qualified type of crime is available provided that at least one person affected by the disease or poisoned died.
The subjective side of the crime is characterized by careless guilt in the form of frivolity or negligence. . Special subject of a crime - a person obliged to comply with the rules established to combat the spread of mass diseases or poisoning of people (workers of public catering establishments, sanitary and epidemiological stations, medical institutions, etc.)
A special subject of a crime is a person obliged to comply with the rules established to combat the spread of mass diseases or poisoning of people (workers of public catering establishments, sanitary and epidemiological stations, medical institutions, etc.).
Commentary to Art. 236 Criminal Code
1. The objective side of the crime is characterized by the actions or inaction of a person, consisting of a violation of sanitary and epidemiological rules established by law, which entailed consequences in the form of mass disease or poisoning of people.
2. Mass disease of people (poisoning): a) non-infectious human diseases, the occurrence of which is caused by the influence of physical, chemical, social environmental factors; b) human infectious diseases, the occurrence and spread of which is due to the impact on humans of biological environmental factors (causative agents of infectious diseases) and the possibility of transmission of the disease from a sick person or animal to a healthy person (see Article 1 of the Federal Law of March 30, 1999 N 52-FZ “On the sanitary and epidemiological welfare of the population”).
3. The subject of the crime can be either general or special (officials, catering workers, medical workers).
Commentary on Article 236 of the Criminal Code of the Russian Federation
1. The disposition of the commented norm is one of the blanket norms, therefore, to understand the essence of the sanitary and epidemiological rules, the violation of which constitutes a crime, it is necessary to refer to various laws and by-laws.
2. A mass disease of people is recognized as a disease of a viral, intestinal, bacterial or other nature, the prevalence of which clearly exceeds the average incidence rate for a certain period in a given territory.
Mass poisoning of people refers to acute, chronic, industrial, medicinal, chemical and other diseases, the occurrence of which is caused by the action of toxic substances of various origins on the human body through their absorption through the respiratory tract, as a result of contact with the skin, absorption with food and liquids, etc. d. A sign of mass disease or poisoning of people is harm to health of any severity.
3
The subjective side is characterized by a careless form of guilt.
4. A special subject of a crime is a person who has the obligation to comply with or ensure compliance with sanitary and epidemiological rules.
5. The qualified type of crime in question is characterized by causing the death of a person through negligence (Part 2 of Article 236 of the Criminal Code).
Second commentary to Art. 236 of the Criminal Code of the Russian Federation
1. The immediate object is public health.
2. The objective side of the crime is characterized by actions or inactions that violate established sanitary and epidemiological rules. A significant number of such rules are contained in the Federal Law of March 30, 1999.
“On the sanitary and epidemiological welfare of the population”, as well as in other regulatory legal acts. The blanket nature of the disposition dictates the mandatory conduct of an examination in each case of violation of sanitary and epidemiological rules.
3. By nature, a number of rules are obligatory, and then their violation consists of inaction, while other rules are prohibitive, and then their violation consists of actions.
4. In terms of content, sanitary and epidemiological rules are very diverse and regulate a variety of aspects and aspects of sanitary and epidemiological safety: in public catering, water supply, planning and development of settlements, use of environmental objects, etc.
5. A mandatory feature of the objective side of a crime is socially dangerous consequences in the form of mass disease or poisoning of people.
Mass diseases mean viral, intestinal, bacterial, etc. diseases. nature, the prevalence of which in a given territory significantly exceeds the average statistical indicators in this territory for a comparable period of time.
Mass poisoning means acute or chronic health disorders as a result of the toxic effects of substances of various origins on the human body through their inhalation, absorption with food and liquids, contact with the skin and mucous membranes, etc.
The sign of mass disease or poisoning of people covers any serious harm to the health of the victims.
6. The subjective side of the crime is characterized by carelessness in the form of frivolity or negligence.
7. The subject of this crime is a special one: a person who has the obligation to comply with or ensure compliance with sanitary and epidemiological rules.
8. The qualified type of crime in question is characterized by causing the death of a person through negligence (Part 2). This symptom also covers the death of two or more persons.
What judicial practice shows
Since control over compliance with the rules is quite strict, judicial practice is not extensive.
Examples of cases:
- Citizen G. worked in a grocery store in the fish department. She neglected sanitary rules, rarely washed her hands, so as a result the products were contaminated with salmonella. All store employees who bought this fish were infected and were placed en masse in the infectious diseases department of the hospital. The investigation began to understand the reasons and came to G. For violating the rules of compliance, she was sentenced to a fine and suspended imprisonment.
- Citizen U. was engaged in the production of lead products at his summer cottage. He dumped the waste into a river flowing past, which fed the groundwater of the dacha plots around. People from wells and wells drank this water, as a result they received mass poisoning, several children died. During the investigation of the case, U. was found guilty; several witnesses pointed to him. He was imprisoned for 3 years, plus he received compulsory labor.
- Citizen A. worked at a poultry farm and was responsible for compliance with hygiene standards for meat production. Due to an equipment malfunction, he missed selling a batch that was contaminated with microbes. People who bought the meat got sick and began to be admitted to the city’s infectious disease departments. It was found out that all of them were connected with the purchase of such meat; the investigation went to the management of the factory. They and A., as the person responsible for control, were deprived of their positions and sentenced to correctional labor.
What decisions are most often made under Article 236?
The article severely punishes violators, so it is rare to find acquittals under it. In 2022, 12 cases were considered on it, all with 1 part. 3 people received restriction of freedom, 7 received a fine, 1 was arrested and 1 received compulsory labor.
If one or more people die as a result of a crime, the punishment is increased. This is an aggravating circumstance. Mitigating factors are not listed in the article, but when making a decision, the court can use their general list if necessary.
Consultations and comments from lawyers
It is necessary to distinguish this crime from other crimes:
- According to the direction of intent: if the culprit treats the result of his actions (inaction) lightly, then the qualification under 236 is correct, but if the investigator proves intentional infliction of harm, then the qualification must be changed to another composition. In this case, liability will arise for causing harm of varying severity or death.
- Subject: qualifications are subject to change when the emergence of large-scale diseases was caused by the circulation of goods and products, works or services that do not meet sanitary standards. In this case, the actions form a separate composition, regulated by paragraph g of Part 2.3 of Art. 238.
Violation of sanitary and epidemiological rules is characterized as a criminal act of minor severity, and if death occurs - of moderate severity.
Despite the dire consequences, the legislator provided for a maximum penalty of only 5 years in prison.
Commentary on Article 236 of the Criminal Code of the Russian Federation
To understand the wording of Art.
236 of the Criminal Code of the Russian Federation, a lawyer’s comment will be very useful. After all, the peculiarity of the article is the norm it contains, which is a reference one, that is, the Criminal Code itself does not contain any indication of specific violations of sanitary standards that entail the application of punishment. Therefore, in order to bring to justice it is necessary to find out which norm, rule or standard was committed by the person under investigation. The absence of sanitary standards, as well as violation of other special acts (veterinary, medical, regulating land use) entails a change in qualifications.
The massive nature of the disease (poisoning) meets the following criteria:
- defeat of a significant part of the population (we can talk about an epidemic);
- limited distribution area (institution, locality, organization) with the danger of expanding the scale;
- exceeding the average statistical data for a specific type of disease.
The type of disease does not affect qualifications. As a rule, these are cholera, measles, salmonellosis, tuberculosis, smallpox and others.
Poisoning is an injury to the body that occurs after the penetration of a foreign chemical substance into it in a dose that can cause harm, both mild and severe.
When conducting an investigation, in addition to a forensic medical examination, the participation of specialists with knowledge in such fields of medicine as epidemiology, virology, bacteriology and sanitation is required.
Judicial practice under Article 236 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 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).
Resolution of the Supreme Court of the Russian Federation dated December 27, 2021 N 5-AD21-111-K2
By virtue of Part 1 of Article 236 of the Criminal Code of the Russian Federation, violation of sanitary and epidemiological rules, which through negligence resulted in mass disease or poisoning of people or created the threat of such consequences, is punishable by a fine in the amount of five hundred thousand to seven hundred thousand rubles or in the amount of wages or other income convicted for a period of one year to eighteen months, or by deprivation of the right to hold certain positions or engage in certain activities for a period of one to three years, or by restriction of liberty for a term of up to two years, or by forced labor for a term of up to two years, or by imprisonment for the same period.
“Review of selected issues of judicial practice related to the application of legislation and measures to counter the spread of the new coronavirus infection (COVID-19) No. 2 on the territory of the Russian Federation”
Question 14: In relation to Part 1 of Article 236 of the Criminal Code of the Russian Federation, what should be understood by “mass illness or poisoning of people” or “creating a threat of such consequences”? Answer: Taking into account the fact that this sign of a crime is evaluative, when deciding whether to classify a disease or poisoning as mass, one should take into account not only the number of sick or poisoned people, but also the severity of the disease (poisoning). To determine the extent of the disease or poisoning, the court has the right to involve relevant specialists, for example, representatives of federal executive authorities authorized to carry out state sanitary and epidemiological supervision or supervision in the field of protecting consumer rights and human well-being.
“Review of selected issues of judicial practice related to the application of legislation and measures to counter the spread of the new coronavirus infection (COVID-19) No. 3 on the territory of the Russian Federation”
Question 15: Can citizens infected with COVID-19 or who have had contact with such persons be held criminally liable under Article 236 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation) for violating sanitary and epidemiological rules? Answer: Law No. 52-FZ imposes obligations on citizens to comply with the requirements of sanitary legislation, as well as decrees and instructions of officials exercising federal state sanitary and epidemiological supervision (Article 10). Such mandatory acts include, in particular, decisions of chief state sanitary doctors and their deputies on hospitalization for examination or on isolation of patients with infectious diseases that pose a danger to others, and persons suspected of such diseases, on hospitalization or on isolation of citizens who were in contact with patients with infectious diseases that pose a danger to others.
Legal commentary on Article 236 of the Labor Code of the Russian Federation
1. Labor legislation establishes the financial liability of the employer in case of violation of the established deadline for payment of wages, vacation pay, calculation upon dismissal and other payments due to the employee.
2. For terms of payment of wages and vacation pay, see Art. 136 of the Labor Code, on payments upon dismissal - Art. 140 TK.
To receive monetary compensation, no prior written application to the employer is required. If he violates the established payment deadlines, the employer calculates monetary compensation taking into account the days of delay and pays it to the employee. Article 236 obliges the employer to pay the due compensation along with the delayed wages. Consequently, monetary compensation for the entire time of delay in payment of wages until the day of actual settlement should not be paid later than the day when the employer paid the employee the delayed wages.
By Directive of the Bank of Russia dated September 13, 2012 N 2873-U On the amount of the Bank of Russia refinancing rate, the refinancing rate from September 14, 2012 was set at 8.25% per annum.
An exception to the general conditions for the onset of material liability of a party to an employment contract, provided for in Art. 233 of the Labor Code is to impose on the employer the obligation to pay monetary compensation regardless of the presence of his fault, which increases the level of protection of the employee’s interests.
When considering a dispute arising in connection with the employer’s refusal to pay an employee interest (monetary compensation) for violation of the deadline for payment of wages, vacation pay, dismissal payments and other payments due to the employee, it must be borne in mind that in accordance with Art. 236, the court has the right to satisfy the claim regardless of the employer’s guilt in the delay in payment of the specified amounts (clause 55 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2).
3. Imposing on the employer the obligation to pay the specified monetary compensation does not deprive the employee of the right to apply to the court for the issuance of a court order on the basis of Art. 122 of the Code of Civil Procedure, if a demand is made for the recovery of accrued but not paid wages to the employee. A court order (court ruling) issued to an employee to collect wages is also a document of execution.
4. The provision on payment of monetary compensation to an employee does not apply if a dispute has arisen between the employee and the employer about the right to receive this payment, for example, about payment for overtime work performed.
5. Securing the right of an employee to receive monetary compensation for the time of delay in payment of wages does not limit his right to index the amount of delayed payment in connection with the increase in consumer prices for goods and services (see Article 134 and commentary thereto).
6. Increasing the level of social protection of workers, some industry tariff agreements establish monetary compensation in a higher amount compared to the law, for example, the amount of compensation for each calendar day of violation of the established deadlines for the payment of wages or amounts due to the employee upon dismissal is set at least 1 /200 of the refinancing rate of the Central Bank of the Russian Federation, valid on the day of the established payment period (Federal Industry Agreement on the Radioelectronic Industry of the Russian Federation for 2009 - 2011 - extended for 2012 - 2014, Industry Agreement on Forestry of the Russian Federation for 2013 - 2015).
If a collective or labor agreement determines the amount of interest to be paid by the employer in connection with the delay in payment of wages or other payments due to the employee, the court calculates the amount of monetary compensation taking into account this amount, provided that it is not lower than established by Art. 236. The accrual of interest in connection with late payment of wages does not exclude the employee’s right to index the amounts of delayed wages due to their depreciation due to inflationary processes (clause 55 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 N 2).
7. For information on the deadline for going to court regarding the collection of accrued but unpaid wages, see the commentary. to Art. 392.
The court verdict under Part 1 of Art. 236 of the Criminal Code of the Russian Federation No. 1-318/2017 | Violation of sanitary and epidemiological rules
RESOLUTION
to satisfy the petition to terminate the criminal case
and imposition of a criminal law measure on a person in the form of a court fine
November 09, 2022 Izhevsk
Judge of the Oktyabrsky District Court of Izhevsk, Udmurt Republic Zorin A.V.,
under secretary Bazueva A.A.,
with:
Senior Assistant Prosecutor of the Oktyabrsky District of Izhevsk Khokhryakova M.V.,
Investigator of the first department for the investigation of particularly important cases (crimes against the person and public safety) of the investigative department of the Investigative Committee of Russia for the Udmurt Republic Salimullina R.R.,
accused Ryabova T.V.,
her defender - lawyer V.V. Chernetsova,
having considered in open court the investigator’s petition to terminate the criminal case with the imposition of a criminal law measure in the form of a court fine against
Ryabova T.V., not convicted,
accused of committing a crime under Part 1 of Art. 236 of the Criminal Code of the Russian Federation,
INSTALLED:
Ryabova T.V. accused of violating sanitary and epidemiological rules, which through negligence resulted in mass disease of people under the following circumstances.
By order of the director of LLC “from Ryabov T.V. appointed to the position of head of the canteen at DOL "".
In accordance with paragraphs. 1.5, 1.6, 2.1, 2.2, 2.4, 2.6, 2.8 of the job description approved by the director of DOL "", Ryabova T.V. had to know the basics of rational nutrition, food preparation technology, the procedure for creating menus, rules for storing food, semi-finished products, finished products and requirements for their quality; the procedure for accounting and issuing products, dishes and culinary products, consumption rates for raw materials and semi-finished products; modern types of technological and other equipment, principles of its operation; requirements for production premises, equipment, dishes, kitchen furniture; progressive methods of production organization; internal regulations, safety regulations, industrial sanitation and fire protection; is obliged to: manage the production and economic activities of the DOL canteen; direct the activities of the workforce to ensure the rhythmic release of own-produced products of the required range and quality in accordance with the production task; exercise constant control over food preparation technology, employees’ compliance with sanitary requirements and personal hygiene rules; carry out daily rejection of finished products with members of the rejection commission; monitor compliance by canteen employees with production and labor discipline, and is also responsible for failure to perform or improper performance of their labor functions, assigned tasks, and failure to ensure compliance with labor discipline.
In addition, when performing her professional duties, Ryabova T.V. in accordance with Art. 10, paragraph 1, art. 17, art. 28, art. 39 of the Federal Law of March 30, 1999 No. 52-FZ “On the Sanitary and Epidemiological Welfare of the Population” (hereinafter referred to as Law No. 52-FZ) is obliged to comply with the requirements of sanitary legislation, as well as decrees, instructions and sanitary and epidemiological conclusions carrying out state sanitary and epidemiological supervision officials; comply with the sanitary and epidemiological rules SanPiN 2.3.6.1079-01 “Sanitary and epidemiological requirements for the organization of public catering, the production and circulation of food products and food raw materials in them” (hereinafter referred to as SanPiN 2.3.6.1079 - 01), approved by the Resolution of the Main State Sanitary doctor of the Russian Federation No. 31 dated November 6, 2001, SanPiN 2.4.4.3155-13 “Sanitary and epidemiological requirements for the design, maintenance and organization of work of inpatient recreation and health organizations for children” (hereinafter referred to as SanPiN 2.4.4.3155 - 13), approved by the Resolution of the Chief State Sanitary Doctor of the Russian Federation No. 73 dated December 27, 2013 and SP 3.1/3.2.3146-13 “General requirements for the prevention of infectious and parasitic diseases” (hereinafter referred to as SP 3.1/3.2.3146-13), approved by the Resolution of the Chief State Sanitary Doctor RF No. 65 dated December 16, 2013; not to carry out actions that entail a violation of the rights of citizens to health protection and a favorable living environment; when organizing catering for the population in specially equipped places (canteens, restaurants, cafes, bars and others), including when preparing food and drinks, storing and selling them to the population, to prevent the occurrence and spread of infectious diseases and mass non-infectious diseases (poisonings) must sanitary and epidemiological requirements are met. Compliance with sanitary rules is mandatory for citizens, individual entrepreneurs and legal entities.
In addition, the head of the Office of the Federal Service for Surveillance in the Sphere of Consumer Rights Protection and Human Welfare in the Udmurt Republic submitted to DOL “” a task plan for preparing for the summer health season for 2022, which provides for the obligation to take measures to timely undergo a medical examination and professional hygienic training and certification of DOL employees, the availability of a medical record for each employee containing information on vaccinations, and an audit of refrigeration and technological equipment in the catering department in order to ensure the required temperature conditions of the refrigeration chamber in order to comply with meat storage conditions.
However, T.V. Ryabova, ignoring the requirements of these regulatory documents and the legitimate requirements of the regulatory authorities, having a real opportunity to carry out her official duties properly, violated scientifically based sanitary and epidemiological rules when preparing food and organizing catering in the DOL "", without foreseeing at the same time, the possibility of the occurrence of socially dangerous consequences of their actions in the form of a mass disease of visitors to the DOL "", although with the necessary care and foresight, should and could have foreseen these consequences.
These careless actions of Ryabova T.V. entailed consequences in the form of infection of visitors to the DOL "" with norovirus infection under the following circumstances.
The Autonomous Non-Profit Organization "" concluded an agreement with DOL "" on the provision of services for the organization and conduct of the Russian Championship among schoolchildren and juniors in the game "What? Where? When?" season 2016-2017
To participate in this championship, 505 minors arrived on the territory of the Udmurt Republic during the period from 2000 to 2010. They were settled on the territory of the children's camp "" (377 people) and in the autonomous educational institution "UR" (128 people) and 83 accompanying coaches (586 people in total). Meals for all participants were provided in the canteen of the DOL "".
During the Russian Championship among schoolchildren and juniors in the game “What? Where? When?" season 2016-2017, in the premises of the canteen DOL "" directly under the leadership of the head of the canteen Ryabova T.V., the canteen employees, including the cook of the meat shop NOV, the baker BNYU, the barmaid RAG, prepared food for the participants of the said championship. At the same time, to production premises and food products Ryabova T.V. the accountant-storekeeper LNV and the cleaner SOV were also admitted
During the specified period of time, T.V. Ryabova, holding the position of head of the canteen of the DOL "", being on the territory of the DOL "", located at the address:, having lost, in violation of paragraphs. 2.1, 2.2, 2.4, 2.6, 2.7, 2.8 of his job description, control over food preparation technology and employee compliance with sanitary requirements and personal hygiene rules, violating Art. Art. 10, 17, 28, 39 of Law No. 52-FZ, according to which, when organizing food for the population in canteens, sanitary rules must be followed to prevent the occurrence and spread of infectious diseases and mass poisonings, did not ensure that subordinate employees of the canteen complied with sanitary requirements when carrying out food preparation work , thus violating clause 5.1 SP 3.1/3.2.3146-13; p.p. 5.2, 8.1, 8.22, 8.24, 8.25, 8.26, 9.3, 9.11, 9.25, 9.26, 9.27, 10.3, 10.10, 10.6, 13.1,13.2 SanPiN 2.4.4.3155–13, as well as paragraphs. 8.19, 14.1, SanPiN 2.3.6.1079 – 01, namely: did not provide daily inspection of the canteen staff, as well as those on duty in the kitchen for the presence of pustular skin diseases, catarrhal phenomena of the upper respiratory tract, a survey for the presence of dysfunction of the gastrointestinal system, allowed to work into the production premises of the canteen and to the preparation of food of infected employees - the cook of the meat shop NOV, the accountant-storekeeper LNV, the baker BNYU, the barmaid RAG, as well as the cleaning lady SOV, who did not have a health certificate at all. Along with the above, Ryabova T.V. when used as intended, did not ensure the safety of food products in circulation within the established shelf life; did not ensure production control over the quality and safety of food raw materials and food products; allowed the storage of unprocessed table eggs in meat and bakery production shops; allowed the unsatisfactory sanitary and technical condition of the catering unit - failure to carry out routine and general cleaning in production premises, in the dining room, in storage areas; did not ensure that employees had a personal medical record book of the established form, which should contain the results of medical examinations and laboratory tests, information about vaccinations, previous infectious diseases, information about undergoing professional hygienic training and certification, and permission to work; did not ensure the maintenance of a reject log of finished culinary products; allowed the use of salads dressed with mayonnaise for feeding children, as well as the preparation of ready-made meals by hand; did not ensure the preparation of a daily menu layout indicating the output of dishes and obtaining daily samples of finished products; allowed food products to be stored in violation of conditions; did not provide high-quality washing of dishes, allowing dishes to be washed with a sponge; used canteen equipment for cooking - industrial baths with no air gaps; did not comply with the requirements for deratization of catering premises; violated the requirements of sanitary and personal hygiene of the canteen staff - did not ensure timely change of work clothes for cooks due to the lack of a sufficient number of sets, also allowing work clothes to be stored together with personal outerwear in the locker room for employees; allowed children to drink unboiled water from the well and from the distribution network of the catering unit, which had not been tested for compliance with sanitary and hygienic standards; organized the production of finished products in violation of the technological map.
Without ensuring that the subordinate employees of the canteen "DOL" complied with the above-mentioned requirements of the legislation of the Russian Federation when organizing the work of preparing food, knowing that the canteen employees did not undergo a medical examination for the presence of pustular skin diseases, catarrhal phenomena of the upper respiratory tract, as well as by the medical employee of the ShAC, was not carried out their survey for the presence of dysfunction of the gastrointestinal system, Ryabova T.V., acting from the falsely understood interests of the service, wanting the administration of the DOL "" to fulfill the requirements of the contract, being in the specified period of time on the territory of the DOL "", gave instructions to her subordinates to the canteen staff about preparing food for the championship participants.
At the same time, T.V. Ryabova did not foresee the possibility of socially dangerous consequences of its actions in the form of a mass disease of food consumers - participants in the Russian Championship among schoolchildren and juniors in the game “What? Where? When?" season 2016-2017, held on the basis of DOL "", although with the necessary care and foresight, she should and could have foreseen these consequences.
As a result of violation of the specified sanitary and epidemiological rules by the head of the canteen Ryabova T.V., from contact with the indicated employees of the DOL "" were infected with infections, in particular, infection, food raw materials and semi-finished products, namely "fried minced meat for pies", and also prepared by them poor quality food, namely Stolichny salad, contaminated with infections, including infection. Consumption of poor quality food prepared by the indicated employees of the Children's Center "" during the period with visitors of the Children's House "": SKA, born; ShPV, born; MDA, born; LRA, born; SAA, born; UMG, born; SHOA, born; ADR, born; KAN, born; SHAV, born; ODD, born; TAV, born; ShDH, born; SAO, born; KKI, born; MEL, born; GNV, born; SKM, born; SAE, born; HES, born; GEA, born; KNI, born; SUS, born; NEA, born; MEM, born; AAP, born; OLA, born; AKS, born; ShMK, born; KNM, born; MRI, 12/30. born 2003; AAA, born; LAS, born; PEO, born; VAA, born; FAV, born; KVN born; ZSYA, born; ChDA, birth date; KVR born 08/05/2001; GPM g.r.; KDV born June 10, 2001; YAPA, born; RDD g.r.; TWO years of birth; VAM birth date; BVS g.r.; BES, born; PAA, born; GDA born; BED g.r.; EPA, g.r.; LAA, born; TSV, born; BVL, born; PAS, born; PMK, born; PSV, born; INA, born; SRA, born; GDA, born; ZHKA, born; ZPD, born; BOA g.o.; AES g.o.; KMM, born; NMI, born; KZhS g.r.; SIA, born; VVA, born; DAS born; VUM, born; OAV, born; KLN, born; KSA, born; OAD, born; KLA, born; ZAE, born February 26, 1999; MAE, born; Surfactant, g.r.; RAS, born; SAD, birth date; GVV, born; Engineering and technical personnel born; KGV, born; KAV, born; KAV, born; MMA born; PMS, birth date; NPV, birth date; SSD, born, resulted in their massive infection with an infection, which caused slight harm to everyone’s health due to a short-term disorder (temporary dysfunction of organs and (or) systems (temporary disability) lasting up to three weeks from the moment of onset of the disease (up to 21 days inclusive ).
The diagnosis was also made for the above-mentioned cook of the meat shop NOV, accountant-storekeeper LNV, baker BNYU, barmaid RAG, and cleaner SOV, whose health was also slightly harmed due to a short-term disorder (temporary dysfunction of organs and (or) systems (temporary disability ) lasting up to three weeks from the onset of the disease (up to 21 days inclusive).
and in the following days, after and as a result of eating contaminated food in the canteen of the DOL “”, these visitors and employees of the canteen were hospitalized with an acute infectious disease of the gastrointestinal tract caused by infection in the Republican Clinical Infectious Diseases Hospital Ministry of Health of the Urals.
In addition, as a result of consuming the specified poor-quality food during the period with GAM, CHTA birth, BES birth. also, with signs of illness and gastrointestinal disorder, they were taken to the Republican Clinical Infectious Diseases Hospital of the Ministry of Health of the Urals, from where, in turn, due to satisfactory health and refusal of hospitalization, they were released.
As a result of the actions and inactions of T.V. Ryabova, expressed in violation of the requirements of the above sanitary standards, the above-mentioned persons, as well as GAM, CHTA and BES, suffered moral suffering, expressed in hospitalization in a medical institution and the need to interrupt the conduct and participation in Russian Championship among schoolchildren and juniors in the game “What? Where? When?" season 2016-2017
The body of the preliminary investigation of the actions of Ryabova T.V. qualified under Part 1 of Art. 236 of the Criminal Code of the Russian Federation - violation of sanitary and epidemiological rules, which through negligence resulted in mass disease of people.
The investigator in charge of the criminal case, on the basis of a statement from the accused and with the consent of the head of the investigative agency, filed a petition with the court to terminate the criminal case against T.V. Ryabova. with the imposition of a criminal law measure in the form of a judicial fine in accordance with Ch. 51.1 of the Code of Criminal Procedure of the Russian Federation, since she committed a crime of minor gravity for the first time and made amends for the harm caused by the crime.
At the court hearing, the investigator and assistant district prosecutor supported the stated petition for the reasons stated in it.
Accused Ryabova T.V. asked to satisfy the investigator’s petition, explaining that she agreed with the petition, she had made amends for the harm caused, and understood that the termination of a criminal case on this basis does not entail the emergence of the right to rehabilitation and is associated with the application of a criminal law measure in the form of a court fine.
The defendant’s defense attorney fully supported the position of T.V. Ryabova.
Having listened to the opinions of the persons involved and having studied the presented materials of the case, I come to the conclusion that the investigator’s petition must be granted for the following reasons.
In accordance with Part 1 of Art. 25.1 of the Code of Criminal Procedure of the Russian Federation and Art. 72.2 of the Criminal Code of the Russian Federation, on the basis of a petition from an investigator, the court has the right to terminate a criminal case against a person accused of committing a crime of minor gravity, if this person committed a crime for the first time, and also compensated for the damage or otherwise made amends for the harm caused by the crime, and assign this person a criminal measure. legal nature in the form of a court fine.
Ryabova T.V. not convicted (vol. 18, pp. 156), characterized positively (vol. 18, pp. 160-181), accused of committing a crime of minor gravity (vol. 18, pp. 104-114), in as a result of which no property damage was caused and no serious consequences occurred. No aggravating circumstances have been established in the case.
Presented by Ryabova T.V. the accusation is confirmed by evidence collected in the criminal case, including protocols of interrogations of victims and their legal representatives, a protocol of inspection of the scene of the incident from (vol. 1, pp. 112-228), an act of investigation into the causes of mass infectious diseases from (vol. 2 pp. 46-49), an act of epidemiological investigation of the focus of an infectious (parasitic) disease with the establishment of a cause-and-effect relationship from (vol. 2 pp. 50-56), protocols of interrogations of ShAC witnesses (vol. 11 pp. 90-98), KMM (vol. 11 pp. 100-104), TNV (vol. 11 pp. 105-108), NOS (vol. 11 pp. 112-117, 249-256, v. 12 pp. 41-167), CHB (v. 11 pp. 118-125), VSA (v. 11 pp. 126-132), SHOA (v. 11 pp. 140 -146), ChSA (vol. 11 pp. 211-219, v. 12 pp. 241-245), conclusion of the sanitary and epidemiological examination from (vol. 14 pp. 25-30), conclusions of commissions forensic medical examinations, 139 from (vol. 14 pp. 38-45, 50-81), interrogation reports of T.V. Ryabova. as the accused (vol. 18, pp. 29-42, 77-81, 145-149), documents on her appointment to the position of head of the canteen and her official responsibilities (vol. 13, pp. 139-167).
When deciding on compensation for damage and making amends for the harm caused by the crime, the court proceeds from the following.
In accordance with paragraphs 2.1, 3, 10 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated June 27, 2013 No. 19 “On the application by courts of legislation regulating the grounds and procedure for exemption from criminal liability,” damage should be understood as property damage that can be compensated in kind or in monetary form.
Making amends (Article 76.2 of the Criminal Code of the Russian Federation) means property, including monetary, compensation for moral damage, providing any assistance to the victim, apologizing to him, as well as taking other measures aimed at restoring the victim’s rights and legitimate interests violated as a result of the crime. individuals, society and state.
Compensation for damage and (or) redress of harm can be made not only by the person who committed the crime, but also at his request (with his consent) by other persons. The methods of making amends for the damage, as well as the amount of compensation, are determined by the victim.
Ryabova T.V. accused of committing a crime, as a result of which no property damage was caused.
According to Ryabova T.V. charges, due to the disease the victims suffered physical harm and moral suffering.
At the same time, a civil claim for compensation for moral damage and reimbursement of treatment costs was filed only by the victim SKA and his legal representative (vol. 4, pp. 24-28). The demands of the victim and the accused were satisfied in full voluntarily, the harm caused was made up for (vol. 18, pp. 153-154).
As follows from the protocols of interrogations of other victims and their legal representatives, they do not have any claims of a material nature and do not want to file civil suits.
The court also takes into account that immediately after the events that were the basis for the presentation of Ryabova T.V. accusation, the organizers of the event - the administration of the ANO "" with the consent of the accused, took measures to compensate the victims and their legal representatives for expenses associated with travel to the venue of the event and accommodation (vol. 12, pp. 41-167).
Along with this, the court takes into account the specific circumstances of the case, including the characteristics and number of objects of the criminal attack, takes into account that Ryabova T.V. accused of committing a crime while performing his job duties.
In such circumstances, taking into account that the victims refused to exercise the right to determine ways to make amends for the harm caused to them, as well as the amount of compensation, the court comes to the conclusion that the harm established during the preliminary investigation was compensated by the accused, as well as by other persons with her consent in in full.
Taking into account the above, the court comes to the conclusion that there are no circumstances preventing the release of a person from criminal liability and the appointment of a criminal law measure in the form of a court fine, and the presence of all the grounds provided by law for the termination of the criminal case against T.V. Ryabova. with the imposition of a court fine.
Based on Art. 104.5 of the Criminal Code of the Russian Federation and Part 6 of Art. 446.2 of the Code of Criminal Procedure of the Russian Federation, when determining the amount of a court fine and setting the deadline for its payment, the court takes into account that its amount cannot exceed half the maximum amount of the fine provided for by the sanction of Part 1 of Art. 236 of the Criminal Code of the Russian Federation, and also takes into account the circumstances and severity of the crime charged, the property status of T.V. Ryabova. and her family, having a permanent source of income.
Based on the above, guided by Articles 76.2, 104.4, 104.5 of the Criminal Procedure Code of the Russian Federation, Articles 25.1, 446.1-446.5 of the Code of Criminal Procedure of the Russian Federation,
DECIDED
The petition of the investigator of the first department for the investigation of particularly important cases (on crimes against the person and public safety) of the investigative department of the Investigative Committee of Russia for the Udmurt Republic is satisfied.
A criminal case against T.V. Ryabova, accused of committing a crime under Part 1 of Art. 236 of the Criminal Code of the Russian Federation, terminate on the basis of Art. 72.2 of the Criminal Code of the Russian Federation, releasing her from criminal liability.
Appoint Ryabova T.V. a measure of a criminal legal nature in the form of a judicial fine in the amount of 20,000 rubles, setting a deadline for its payment within 60 days from the date this resolution entered into legal force.
Preventive measure against T.V. Ryabova in the form of a written undertaking not to leave the place and proper behavior - cancel.
Physical evidence - return documents as they belong.
Explain to Ryabova T.V.:
- the need to submit information about the payment of a court fine to the bailiff to the department of the bailiff service at the place of residence within 10 days after the expiration of the period established for payment of the court fine;
- the consequences of failure to pay a court fine within the prescribed period, which consists in the fact that in the event of failure to pay a court fine imposed as a measure of a criminal law nature, the court, upon the proposal of the bailiff, in the manner established by Art. 399 of the Code of Criminal Procedure of the Russian Federation, cancels the decision to terminate the criminal case and impose a court fine and sends the materials to the head of the investigative agency. Further proceedings in the case are carried out in accordance with the general procedure.
The resolution can be appealed to the Supreme Court of the Udmurt Republic through the Oktyabrsky District Court of Izhevsk within 10 days from the date of its proclamation.
Judge A.V. Zorin
"Agreed"
judge
A.V. Zorin
Author of the article
Dmitry Leonov
Work experience 15 years, specialization - housing, family, inheritance, land, criminal cases.
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Arbitrage practice
- When rendering a guilty verdict, the court must, in the reasoning part, refer to the rule providing for the procedure for maintaining a favorable epidemiological situation.
An example from practice: the director of housing and communal services was sentenced under Article 236 of the Criminal Code of the Russian Federation in connection with an intestinal infection in a regional village due to contamination of the water intake with wastewater. As the official responsible for the supply of clean drinking water, he did not take measures to remove untreated sewage, nor did he ensure that water quality was monitored. The failure to act resulted in samples not being taken and intestinal viruses affecting the 110 residents not being detected in a timely manner.
- Not only officials are held accountable, but also employees whose performance of work duties involves strict adherence to cleanliness and order in the workplace.
Example from practice: Cooks in the catering department of a boarding house were sentenced to restriction of freedom for violating the cooking technology. By being negligent in processing meat contaminated with salmonellosis, the perpetrators through their actions allowed bacteria to enter the food. Sick people - boarding school students - fell ill en masse after eating prepared food.
COVID-19. Legal protection of business
04/06/2020 Practice of application of Art. 236 of the Criminal Code of the Russian Federation (“Violation of sanitary and epidemiological rules”) during the fight against the COVID-19 pandemic
Articles 41 and 42 of the Constitution of the Russian Federation establish the rights of citizens to health protection and a favorable environment. At the same time, Russian legislation establishes both administrative and criminal liability for violations in the field of protecting the health of citizens. The criminal law provides, among other things, the following rule establishing liability for encroachment on legal relations arising in the field of protecting the health of citizens.
Article 236 of the Criminal Code of the Russian Federation. Violation of sanitary and epidemiological rules.
The objective side of this crime consists of actions or inactions that violate sanitary and epidemiological rules, as a result of which, due to negligence, mass illnesses, poisonings can occur, either creating a threat of such consequences, or leading to the death of people. The disposition of this article is blanket, that is, in order to bring the guilty person to criminal liability, it is necessary to establish what specific sanitary and epidemiological rules were violated and that the person was obliged to comply with such rules. At the same time, it is not enough to state only the fact of violation of such rules. It is necessary that this violation entail the onset of socially dangerous consequences - mass disease or poisoning of people, or create a threat of such consequences (Part 1 of Article 236 of the Criminal Code of the Russian Federation), the death of a person (Part 2 of Article 236 of the Criminal Code of the Russian Federation), the death of two and more persons (Part 3 of Article 236). The subject of criminal liability may be a person who has the obligation to comply with or ensure compliance with sanitary and epidemiological rules. For example, this could be either a sick person who has not complied with the requirements of the relevant rules, or a person who, in accordance with the established procedure, is charged with ensuring and monitoring compliance with certain rules.
04/02/2020 The Decree of the Government of the Russian Federation No. 417 approved the “Rules of conduct that are mandatory for citizens and organizations during a high alert or emergency situation.”
The regulatory legal act was adopted in accordance with the Federal Law “On the protection of the population and territories from natural and man-made emergencies” (No. 68-FZ of December 21, 1994). Another federal law regulating legal relations arising in the field of health care is the Federal Law “On the sanitary and epidemiological welfare of the population” dated March 30, 1999, No. 52-FZ. Article 10 of the Federal Law “On the Sanitary and Epidemiological Welfare of the Population” obliges citizens
to comply with the requirements of sanitary legislation, as well as resolutions and instructions of officials carrying out federal state sanitary and epidemiological supervision; take care of the health, hygiene education and education of their children; not to carry out actions that entail a violation of the rights of other citizens to health protection and a favorable living environment. In turn, Articles 6 and 31 of the above-mentioned Law give the heads of constituent entities of the Russian Federation the authority to introduce restrictive measures (quarantine) based on proposals and orders of the chief state sanitary doctors. 03/13/2020 and 03/18/2020 The Chief State Sanitary Doctor adopted Resolutions No. 6 and regarding the need to take certain restrictive measures in connection with the threat of the spread of COVID-2019. Based on these instructions, on the territory of the Kemerovo region - Kuzbass, on March 14, 2020, by order of the Governor (as amended on April 3, 2020), restrictive measures (quarantine) were introduced, which established a number of restrictions in relation to both legal entities and individuals.
Thus, failure to comply with restrictions and prohibitions
, established by the above regulations, may be the basis for bringing to criminal liability citizens - both individuals and as heads of organizations of all forms of ownership, in respect of whose activities restrictions or prohibitions have been introduced.
Please note that the list of restrictions or prohibitions that are recommended
to be observed is not
an obligation
. Consequently, failure to comply with certain recommendations cannot be qualified as a violation of the rules.
Currently, there are already cases of initiation of criminal cases under Art. 236 of the Criminal Code of the Russian Federation in relation to individuals in connection with their violation of the self-isolation regime.
So, for example, on March 30, 2020, the Regional Ministry of Internal Affairs of Russia for the city of Bryansk opened a criminal case under Part 1 of Art. 236 of the Criminal Code of the Russian Federation in relation to two local residents who arrived from the territory of the Kingdom of Spain in mid-March 2022 and, despite the order given to them by the Chief State Sanitary Doctor for the Bryansk Region, ignored the requirement to comply with the 14-day self-isolation regime. As a result of the contact of the defendants in the criminal case with other citizens, they became infected with coronavirus infection. In the Chuvash Republic, a criminal case has also been initiated against a local resident who, having passed a test for signs of COVID-19 disease, was in quarantine (self-isolation), however, without waiting for the results (subsequently, the woman’s earlier test for the presence of infection showed a positive result ), left Moscow and Cheboksary on a regular bus, exposing the 26 other passengers traveling with her to the threat of infection.
Thus, as emerging practice shows, an individual may well become involved in a criminal case for violating the quarantine (self-isolation) regime.
However, as before, in this category of cases in each case, of course, the presence of a cause-and-effect relationship between violation of sanitary and epidemiological rules and mass diseases and poisonings of people (that is, a disease of a group of people concentrated in a certain territory, requiring medical intervention), or creating a threat of such disease or infection.
Under certain circumstances, the actions of the perpetrators may be collectively qualified under other articles of the Criminal Law of the Russian Federation. So, for example, if the act provided for in Article 236 of the Criminal Code of the Russian Federation was committed by an official, liability may also arise under the corresponding articles on official crimes - 285, 286, 293 of the Criminal Code of the Russian Federation.
The Regionservice Bar Association will continue to promptly monitor changes in the current legal regulation of criminal and legal relations arising from them during the fight against the COVID-2022 pandemic and publish analytical reviews.
To receive emergency advice on any issues related to the regulation of legal relations during the period of restrictive measures aimed at combating the COVID - 2019 pandemic, you can write to our hot mail
[email protected] with a note in the subject line "COVID - 2019" .
We will try to accept your request and respond to it within 24 hours. *This material has been prepared for informational and/or educational purposes only and does not constitute legal advice or opinion. The Regionservice Bar Association, its management, lawyers and employees cannot guarantee the applicability of such information for your purposes and are not responsible for your decisions and related possible direct or indirect losses and/or damages arising from the use of these materials. information or any part thereof.
