What does it mean
“Negligent” is a word that has not one, but three meanings. The first is basic and straightforward. Thus, negligent is one that directly relates to a robe, for example, “negligent pocket.”
The second appeared a little later, in a figurative sense negligent - lazy, idle. It is worth noting that this semantics is already outdated. The third meaning is also figurative; it is the one that is currently used. Negligent is unscrupulous, of poor quality.
What is negligence from a legal point of view?
In criminal law, negligence is considered a crime and is subject to punishment if significant damage (material, moral, physical) was caused as a result.
That is, negligence is understood as the improper performance by a citizen of his official duties due to dishonest or careless attitude towards his work activity.
In Russia, negligence is a criminal offense for which liability is provided under Art. 293 of the Criminal Code of the Russian Federation.
Etymology of the word
The word “robe” has existed in the Russian language for a very long time. It came from Arabic through Turkish. In the original it sounded a little different, namely “hilat”, having the meaning “dress of honor”.
It is noteworthy that initially the robe was such, being a symbol of the Russian nobility, who spent most of their time in this attire. And the word “negligent” itself referred directly to clothing (for example, a negligent pocket).
By the mid-nineteenth century, thanks to writers, it acquired a new, additional meaning. The neologism “negligence” appeared. At first the new value was very close to the old one. The robe was a symbol of idleness, debauchery and laziness. The new word was used in their works by many writers of that time, but some other writers who called themselves purists (this word is derived from pure, which means “pure”) completely rejected it, considering this word characteristic of a low literary style.
Nowadays, the term “negligence” is also little used in fiction. But it is even an official term along with the word “criminal”.
However, when robes became widespread among the lower strata of the population, work clothes began to be called that. Because of this, a new explanation for the appearance of this definition has emerged. The basis was the old saying “to work carelessly.” Let me explain.
It was understood that the proverb was talking about the lowered sleeves of industrial clothing. Thus, “work carelessly” began to have a different semantics, synonymous with the meaning of the saying. After all, it implied that you can only complete a task well with your sleeves rolled up. Whereas with clothing length up to the wrist, this is inconvenient to do, which means “working carelessly.” And the word “negligently” began to mean “poor quality, careless.”
History of words
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NEGLIGENT
,
NEGLIGENCE
The word negligent
in its formation is a relative adjective, derived from the word
robe
(for example,
careless
cut,
careless
fabric).
But from the middle of the 19th century. this word also expresses a figurative qualitative meaning: “careless-indifferent and unscrupulous, sloppy-careless” (to work, to fulfilling duties), for example, “ negligent
attitude to work.”
In connection with this qualitative meaning there is also a derivative noun negligence
(`negligent, dishonest and negligent attitude towards work, towards one's duties').
Semantic evolution of the adjective negligent
began in the 30-40s.
XIX century Until this time, in the culture of the nobility, the robe
was only glorified, for example, by I.M. Dolgorukov, P.A. Vyazemsky as a symbol of the Russian nobility with its laziness and careless promiscuity.
The robe was the typical home clothing of the landowner and official, in which they were dressed for most of the day. Petty officials, clerks, burghers and seminarians considered the robe their ceremonial, weekend attire. Typical in the feuilleton of the Slavophile I. S. Aksakov (“Letters to the Editor of The Day,” 1863) is the following discussion about the types of old and new St. Petersburg secret councilors of the Russian Empire: “The difference between them is that the “old” ones are visible from under their uniforms - a robe
, and although
the robe
is not a beautiful thing at all and in some ways even indecent, but, really, the eye, tired of the shine of sewing and buttons or the monotonous color of the uniform dress, rests not without pleasure on the motley fabric
of the robe
!
a robe
is an emblem of laziness, unceremoniousness, simplicity - it is still, in comparison with formal feelings, something heartfelt and humane.
The “young” have nothing but a uniform - sewn, of course, by the best French tailor... not only is there no robe
, but it seems that the Dutch shirt itself looks like a uniform..." (Aksakov, Slavophilism and Westernism, pp. 118-119).
The words negligent
,
negligence
back in the 80s and 90s. XIX century were perceived by conservative, purist-minded circles of society as neologisms, as new formations.
N. Gilyarov-Platonov wrote in his memoirs “From the Experience” about the life of the theological seminary: “And the teacher-rector read his lecture and the students listened to him reclining (in the summer in the clean air in the garden. - In
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IN
.).
Apparently, my father didn’t even see anything unusual in such, in today’s expression, negligence
” (Gilyarov-Platonov 1886, part 1, p. 41).
On the semantic history of words negligent
,
negligence
was strongly influenced by Gogol’s creativity, his individual artistic use of words.
N.V. Gogol gave the word negligent
an ironic connotation, using it in a figurative sense: prone to a robe, i.e., to laziness and peace.
In “Dead Souls” (chapter 7) we read: “...Right away, just like I was, I put on morocco boots with carved designs of all sorts of colors, which the city of Torzhok smartly sells, thanks to the negligent
motives of Russian nature...”;
“Two inhabitants lived in one remote corner of Russia. One was the father of the family, named Kifa Mokievich, a man of meek disposition, who spent his life a negligent
manner” (ibid., Chapter 11).
Based on this Gogolian usage of words in the 40-50s. in the word negligent
the meaning of 'loose, lazy and unscrupulous' has developed.
It was then that the word negligence
.
For example, V.P. Botkin wrote to A.A. Fet (August 28, 1862): “And what we like about French education is what constitutes its bad sides, namely its licentiousness, negligence
...” (Fet, Memoirs, part 1 , p. 402).
In the “Bulletin of Europe” for 1872 (No. 8, August, p. 844), in a review of “Speeches” by M. P. Pogodin (Works of M. P. Pogodin, vol. 3): “... on all works Pogodin bears the imprint of negligence, haste, in a word, so to speak, the imprint of negligence
…».
However, the use of words is negligent
,
negligence
in figurative, expressive meanings did not please literary Old Believers and purists for a long time.
In the purist brochure N. G. “Irregularities in modern spoken, written and book Russian language” about the word negligence
the following review was given: “
Negligent behavior
(attitudes, actions, actions, etc.) is an indecent word that has now come into widespread use in inelegant literature.
Since the word robe
means clothes exclusively at home, and in a decent society - indecent, the word
negligence
should, it seems, mean unconstrainedness, carelessness, sloppiness, etc. of actions, actions, relationships, but in literary language it should be recognized as ungraceful and indecent "(N.G. Irregularities, p. 21).
Wed. in D. I. Stakheev’s novel “Do not Quench the Spirit” (1896): “Such even relations for many years were explained mainly by the fact that both of them knew how to stay within certain boundaries from each other and did not go into careless
partnership" (Stakheev, p. 49).
In D. N. Mamin-Sibiryak’s story “About the Gentlemen” (1900): “He built a magnificent dacha, but one half remained unfinished. “This is a disgrace, but it definitely needs to be completed now,” Chadov said when one of his friends came to visit. — I can’t stand this Russian negligence
"(Mamin-Sibiryak 1917, p. 276).
The words negligent
,
negligence
has acquired a particularly pronounced expression of irony and contempt in our time.
Published along with articles about words and expressions trend
and
fad
,
malice
,
muslin young lady
,
innovation
and
steamship
as part of the article “From the history of modern Russian literary vocabulary” (Izvestia OLYA AN SSSR, 1950, vol. 9, issue 5).
All of the above-mentioned essays in the article are preceded by a general introduction (see the commentary to the article “ Trend
and
Fad
”). A draft of the essay (6 handwritten sheets) has been preserved in the archive. Here it is printed according to the text of the publication, verified with the draft. The quotation inserted into the text of the publication from the journal “Bulletin of Europe” is a later addition, preserved on a separate sheet.
To the words negligent
,
negligence
V.V. Vinogradov also addresses in “Essays...”: “And, finally, the last illustration from the brochure of 1890, directed against the “irregularities” of the literary language, including against the new word
negligence
: “
Negligent
(attitudes, actions , actions, etc.) is an indecent word that has now come into widespread use in inelegant literature.
So the word robe
means clothes exclusively at home, and in a decent society - indecent, and the word
negligence
should, it seems, mean unconstrainedness, carelessness, sloppiness, etc. of actions, actions, relationships, but in literary language it should be recognized as ungraceful and indecent “.
But cf. from Gogol in “Dead Souls”: “Just as he was, he put on morocco boots with carved designs of all sorts of flowers, which the city of Torzhok is smartly selling, thanks to the negligent
motives of Russian nature”” (Vinogradov. Essays, p. 422).
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Medical negligence
The Russian Criminal Code does not provide for an independent article dealing with the negligence of medical workers. However, in accordance with Art. 21 of the Labor Code, a physician is obliged to conscientiously fulfill his professional duties.
Improper execution of these may become a reason for opening a criminal case under Article 293 of the Criminal Code of the Russian Federation.
The objective side of the crime is expressed in the failure to fulfill any official duties due to inattention, carelessness and other disrespectful reasons.
The key feature of the objective side is negative consequences affecting the rights and interests of citizens. To qualify criminal negligence of doctors under Art. 293 of the Criminal Code of the Russian Federation, a causal relationship must be established between the actions of a health worker and the consequences.
As jurisprudence shows, it can be difficult to prove this direct connection, since it is very difficult to establish the line between negligence and medical risk.
If the result of the doctor’s negligence was the infliction of serious damage to health or the death of the patient, then such actions are qualified under Article 293, Part 2 or 3.
The object of the crime is the poorly performed duties of a doctor. Additional objects - human health and life.
Subjective side: negligence, unintentionality of the doctor’s actions. If the doctor intentionally committed a crime, then such a crime will be classified under other articles.
Bring to criminal liability for criminal negligence under Art. 293 of the Criminal Code of the Russian Federation is only possible for a medical worker who is an official.
For example, a nurse administered a drug to a patient by injection as prescribed by a doctor. The drug caused anaphylactic shock, as a result of which the patient died.
If the patient’s medical record contained an entry about intolerance to this drug, and the doctor inadvertently did not notice this information, then he will be held accountable under Article 293 of the Criminal Code. The nurse is not responsible in this case, since she is not an official.
Medical documents (patient’s medical record, test results, prescriptions, etc.) can confirm the fact of a medical error. Witnesses: patients or medical facility staff can also prove the victim’s accusations.
Depending on the severity of the consequences, medical negligence is qualified under various parts of Article 293 of the Criminal Code (see above).
In addition to the main punishment, victims or his relatives can bring the doctor to civil liability, collecting moral and material damages from him.
Where to go in case of medical negligence?
If the damage to the patient’s health is not significant, but the injured patient still wants to punish the careless physician, then you should contact:
- To the chief physician of the medical institution where the doctor works.
- To bodies subordinate to the Ministry of Health (at the city government level).
- To the Ministry of Health, if appeals to the above-mentioned authorities did not lead to a solution to the problem.
To initiate a check against a medical worker to determine if his actions constitute a crime, you should contact the following authorities:
- police;
- investigative committee;
- prosecutor's office
Qualifying features
Correctly classifying a crime is one of the difficult tasks. Therefore, it is important to establish the qualifying features of this crime:
- Material damage, which is most often expressed in monetary terms;
- Lack of intent.
Cases often arise when the perpetrator is not brought to justice. How is this possible? However, it is really possible to avoid imprisonment, but to do this you must confirm at least one of the following facts:
- The official committed the crime under the influence of blackmail or threats;
- The employee was not properly qualified;
- The official voluntarily admitted to committing negligence;
- There were obstacles that prevented the employee from fulfilling his job duties.
Liability for negligence
To bring a person to criminal liability for negligence, it is necessary to establish:
- What responsibilities were assigned to this official?
- Which of these duties was performed improperly or not performed at all.
- Did it have consequences for citizens or public interests.
- Did the suspect have a real opportunity to perform his official duties efficiently and avoid serious consequences?
Particular attention is paid to circumstances entailing criminal liability. They are described in the comments to Art. 193 of the Criminal Code of the Russian Federation. Firstly, this is the presence of major damage, which in monetary terms is measured at 1.5 million rubles.
Another significant sign is considered to be consequences in the form of harm:
- organizations;
- to the state;
- citizens.
Only if the above conditions are met will the citizen be brought to criminal liability under Art. 193 of the Criminal Code of the Russian Federation.
Types of punishment under Part 1 of Art. 193:
- Fine up to 12 thousand rubles.
- A fine in the amount of the convicted person’s income for 1 year.
- 360 hours of compulsory work.
- 1 year of correctional labor.
- Three months of arrest.
In addition to part 1 of Art. 293 of the Criminal Code of the Russian Federation considers negligence, the consequence of which was damage on an especially large scale - more than 750 million rubles.
In this case, the following punishment options are provided:
- Fine up to 200 thousand rubles. or in the amount of the convicted person’s earnings for 3 years.
- Compulsory work (480 hours).
- Correctional labor (2 years).
- Arrest (6 months).
Part 2 examines negligence that resulted in serious harm to health or death of a citizen.
Types of punishment:
- Forced labor (5 years).
- Imprisonment (up to 5 years).
- Deprivation of the opportunity to hold certain positions for a period established by the court.
In part 3 of Art. 193 considers negligence resulting in the death of 2 or more citizens.
Types of punishment:
- Forced labor (5 years).
- Imprisonment (up to 7 years).
- Deprivation of the opportunity to hold certain positions for a period established by the court.
The more serious the consequences of improper attitude to work, the longer the prison term the culprit will receive . If several people died as a result, the perpetrator may be imprisoned for 6–7 years, in addition, he may be required to pay a fine.
For minor consequences, the statute of limitations for criminal negligence is 2 years. If the actions of the culprit led to the death of at least one person, the statute of limitations increases to 6 years.
Negligence: what can you be charged with under Art. 293 of the Criminal Code of the Russian Federation?
The topic of negligence is raised quite often in the media, since its consequences can be very tragic.
The reasons for this attitude towards one’s professional responsibilities are quite different. This may be frivolity, carelessness, negligence, or deliberate disregard of duties.
The consequences of such an attitude may be as follows:
- Disclosure of personal information.
- Causing harm to health.
- Infringement of civil rights.
- Death of people.
- Disruption of the production process.
- Concealing information about another official misconduct.
- Financial losses.
Criminal negligence implies the occurrence of several types of consequences simultaneously, for which one can be held criminally liable under Art. 293 of the Criminal Code.
How to protect yourself from it?
If any responsible official shows indifference to the problem of the person who has approached him and does not want to fulfill his duties, one should try to influence him through the manager, who in a case of negligence will not go unpunished if he shows indifference to the request to discipline a subordinate.
Lack of understanding of the problem on the part of the management of any structure signals negligence, as the norm for this organization, and requires the influence of supervisory authorities (Rospotrebnadzor, Rostekhnadzor, Roszdravnadzor, etc.) or the prosecutor's office, which has the right to inspect the work of any structure at the request of citizens.
If the power structures are not scrupulous enough in matters of fulfilling their assigned duties, then the only solution remains to attract the attention of the broad masses, by contacting the media, publishing in blocks and on Internet forums, up to writing a petition to the reception of the President of the Russian Federation.
