Negligence
Due to the criminal negligence of museum workers, a painting by Kazimir Malevich
“Black Square” hung upside down for two months.
Negligence as a personal quality is a tendency not to perform or not to properly perform one’s duties due to an irresponsible, dishonest or negligent attitude to service and to cause harm to oneself or others.
Nasreddin was digging holes in the steppe. A passerby asked him: “What are you doing here?” “Yes, I buried money in this steppe,” Nasreddin answered, “but no matter how hard I try, I can’t find it.” “Didn’t you leave any marks?” - asked a passerby. - But of course! - Nasreddin answered. - When I buried the money, there was a shadow from a cloud in that place, but now there is no cloud, no shadow.
One day, when Molla was sitting on the bank of a river, ten blind men approached him. They asked to be transferred to the other side. Molla agreed, but on the condition that each of them would give a quarter of a tanga. He led nine blind men, and when he led the tenth, in the middle of the river the water picked up the blind man and carried him away. The blind people realized what had happened and started shouting. And Molla, seeing how things turned out, said: “Why are you making a fuss in vain?” Give me a quarter tanga less, and that's the end of it!
Negligence involves working “carelessly”. The name of this personality quality comes from the word “robe” - home clothes, spacious, not restricting movement, warm and cozy. The robe allowed me to relax, rest, and step away from business. Hence “negligence”, which characterizes a withdrawal from the task, from serious and diligent implementation of it, relaxation and even laziness.
Sergei Mikhalkov has a good fable about this:
The remnant of the fortress - a brick wall in the ancient square interfered with the city council, and so they decided to blow up this wall, so that it would not spoil the view of the new house. The decision has been made. The day and hour were set, And one night an explosion shook the square, But the view of the new house did not open - The wall remained as it was, It only gave a crack, And the new house opposite... fell apart!
I addressed my reproach to those builders, That they build a mess and a blunder, just to finish it on time.
If the life or health of people is endangered due to neglect of necessary precautions, then we have criminal negligence based on inattention and lack of concern for others, and sometimes for oneself. Negligence is an accurate indicator of consciousness and social responsibility. It is generated by an underdeveloped sense of responsibility for the life and health of others.
Let's dive into history. Who should have been responsible for the lives of the top officials of the state in post-revolutionary Russia? Of course, the Cheka, namely, the “iron” Felix Dzerzhinsky. He was given responsibility for the fight against counter-revolutionary forces. So what's going on? Writer Nikolai Starikov in the book “Who finished off Russia? Myths and truth about the Civil War" describes blatant cases of negligence of the head of the Cheka.
On the morning of August 30, 1918, a cyclist appeared on Palace Square in Petrograd. It was a young man in a checkered cap, breeches and long yellow gloves. He casually parked his bicycle by the lady and confidently entered house number five on Gorokhovaya Street, where the Petrograd Cheka was located. The working day began, the foyer was deserted, no one paid attention to the young man. He calmly sat down in a chair and buried his face in the newspaper. At about ten o'clock Uritsky's official car stopped at the house. The head of the St. Petersburg Cheka entered the entrance and headed to the elevator. Here a “cyclist” caught up with him and shot him in the head. Uritsky had no security, and he, like Volodarsky, who was killed earlier, did not have time to get his hands on a revolver. The killer, a member of the Right Socialist Revolutionary Party, a student at Petrograd University Leonid Kanemccep, was detained.
That same day in the evening in Moscow, Lenin spoke at a rally at the Mikhelson plant. As always, Ilyich attacked the frail Western democracy: Where democrats dominate, there is unvarnished, genuine robbery. We know the true nature of so-called democracies... while the landowners are perfectly comfortable in palaces and magical castles, so long freedom of assembly is a fiction and means freedom to assemble only in the next world.” Ironically, the leader of the world proletariat almost ended up there himself a few minutes later. One of the terrorists detained workers leaving the meeting, creating a traffic jam, and right-wing Socialist Revolutionary Fanny Kaplan shot at Ilyich twice at point-blank range. The bullets were sharpened and poisoned with curare poison. One of them hit Lenin in the lungs above the heart, the other in the neck, next to the artery. The leader of the world proletariat has no security, no weapons. He is seriously injured. Extreme, criminal negligence and carelessness. Two months ago Volodarsky was killed, and measures could have been taken to preserve his own life, to preserve the health of the leaders and leaders of the party. After all, there are enemies all around! Why is Ilyich, usually so prudent, more concerned with the issue of comparing proletarian and bourgeois democracies, and not with creating an effective security system? Let us remember that he is the head of the CENTRAL RUSSIAN GOVERNMENT, and then we can safely call such behavior criminal negligence. Dzerzhinsky does nothing in this area - even Lenin walks around without security!
Imagine for a moment: the modern head of the security service of a banker or businessman misses a successful assassination attempt on his boss. He will immediately resign, not waiting to be thrown out by the scruff of the neck like a cat that has fouled up. Nobody will hire him for such a job anymore. Outcast. Iron Felix does not feel guilty. Where is his iron? It is, rather, soft-heartedness towards enemies, criminal, thoughtless negligence and carelessness.
A little earlier, during the Left Socialist Revolutionary rebellion, Dzerzhinsky arrives at the place where the murderers of German Ambassador Mirbach are hiding in order to detain them, and finds himself trapped. The iron went. Felix went to Popov’s detachment without security and without a shadow of a doubt, since this was a special-purpose detachment of the Cheka, and, therefore, Dzerzhinsky was going to his own subordinates. However, the commander of the Left Social Revolutionaries, Dmitry Popov, did not hesitate to arrest the head of Soviet counterintelligence. What is this, if not negligence? The detachment's headquarters becomes the center of the rebellion. It was here that the Central Committee was relocated according to the plan, and here the Left Socialist Revolutionaries concentrated their main forces. They seize the telegraph in order to inform all of Russia that any dispatches signed by Lenin should not be transmitted, they are now “harmful” for the Soviet government. “The currently ruling party is the party of social revolutionaries,” reads the telegram sent out. True, in all other respects the Socialist Revolutionaries are slow and losing the initiative, while the Bolsheviks, on the contrary, act quickly and decisively. The Social Revolutionaries are missing an important point - Lenin remains alive and unharmed. The V All-Russian Congress of Soviets continues to meet at the Bolshoi Theater in Moscow. Observers from the “Allies, sitting in gilded boxes, listen to Lenin and the speeches of the delegates. The mood is tense - everyone is waiting for news. Armed Socialist Revolutionaries must break into the Bolshoi Theater and arrest the congress delegates. But as soon as Bruce Lockhart, sitting in a box with a group of other foreign agents and diplomats, saw Sidney Reilly enter, he realized that something had gone wrong. The English spy is pale and agitated. In a whisper, hastily, Reilly reported the latest events. The theater is surrounded by Red Army soldiers, and the Left Socialist Revolutionary faction will now be arrested. There is still shooting in the streets, but it is already clear that the rebellion has failed. The Bolsheviks again proved their sanity; they are the masters of the situation. Lenin gives the order to the loyal Latvian and Red Guard detachments to harshly liquidate the Left Socialist Revolutionary rebellion. With direct fire from fifteen guns, the Bolsheviks shot at the block where the rebels had settled. They could not stand it and began to retreat. A few hours later, a speaker stood on the stage of the Congress of Soviets and announced that the anti-Soviet rebellion, which aimed to overthrow the Soviet government by force of arms, had already been suppressed by the Red Army and the Cheka. The ambassadors can travel safely - there is complete order on the streets and their safety is guaranteed.
Negligence, as a rule, is realized in conjunction with carelessness, inattention, improvidence and laziness. Once upon a time there lived a miller. His small water mill stood on the bank of a small river. At the edge of the forest, the miller blocked the river with a large dam. Behind the dam, a lot of water collected, so it turned out to be a whole lake. Through a special pipe, water flowed from a great height onto the mill wheel and thereby set it in motion. Every day he ground many bags of grain in his mill.
One day a miller noticed a small crack in the wall of the dam. He was advised to repair it immediately so that no misfortune would happen. But the miller said that such a trifle was not even worth talking about and that a few drops that seeped through the crack could not damage the dam. In fact, he simply did not want to spend time and money on repairs. In the evening the crack became wider. The workers at the mill brought this to the attention of the miller and asked him to repair the crack. But the miller's greed overshadowed his common sense. “It’s too late today,” he said, “we’ll wait until tomorrow.” At midnight the miller woke up from a loud noise. He jumped out of bed, ran down the stairs and saw that the dam had broken and the water was spreading out of the dam. The miller saw that almost all of his fields were flooded with water. A little negligence, but what big consequences!
Penalties for official negligence
If an employee repeatedly or once neglected his job duties, but his actions did not cause significant harm or damage to the organization, then the manager may limit himself to disciplinary action against him and resolve the issue without involving the judicial system.
Such a penalty may be a fine, loss of bonus, reprimand or dismissal.
For causing significant damage to an enterprise or its employees through the negligence of an employee, punishment is provided in the form of a fine in the amount of 120 thousand rubles or imprisonment for up to six months.
The punishment is chosen depending on the severity of the crime and is assigned by the executive branch in accordance with the article of the Criminal Code of the Russian Federation.
If an employee's negligence results in the death of one or more people, a criminal penalty of five years' imprisonment is imposed. The length of imprisonment in this case will depend on the number of dead and injured.
Liability for official negligence
It is quite possible to bring an official to criminal liability for negligence.
To do this, the employer must provide the relevant authorities with documents, the study of which will establish:
- direct duties of an official performed by him under an employment contract. Find out in this article what an employment contract is and how it differs from an employment contract;
- what violations were committed by the employee when performing them;
- what consequences resulted from the mistakes made, whether harm was caused to civilians or the organization’s property;
- whether the employee could properly perform his job duties, whether the necessary conditions were created for this.
Liability in the event of official negligence depends on the scope of activity of the culprit. Thus, negligence of police officers, social workers and many others are highlighted.
The most common, often discussed and dangerous type is medical negligence..
It often leads to serious harm to health and death.
The reasons for the negligence of doctors often lie in their inadequacy for their position and failure to provide adequate care to patients due to their carelessness.
Responsibility for criminal violation of official duties by a doctor is determined by him in accordance with the Criminal Code of the Russian Federation and depends on the severity of the harm he caused to the health of one or more persons.
Corpus delicti
In order to unambiguously classify the failure of a person performing a certain socially significant function to fulfill his duties as negligence, it is necessary that negative consequences occur that cause damage to the employer, society or state interests, or cause the death of one or more people. If something irreparable has happened, then it is customary to consider the issue of the employee’s negligent attitude towards duties, and neglect of service is usually determined by several people, since the existing system provides for duplication of the functions of the performer through control and management, which are implemented by at least one more employee.
- If the fact of causing damage or death is obvious, then the next stage of determining the crime is to establish the connection between the investigation and the cause, expressed in the failure of someone to perform actions or an incorrect algorithm of actions that led to a negative result.
The ideal relationship is formulated as follows: “The employee should have performed a walk-through at least once every two hours to identify oil leaks, upon detection of which the pumping should be stopped. Failure to complete the inspection in a timely manner led to a spill, the accumulation of highly volatile vapors in the room and their spontaneous combustion, resulting in the death of a repairman working there and damage to property.”
- If a connection is established between the event that happened and a certain action that should have been performed, then the next step in determining the crime is to establish the existence of such a formalized norm. Since, if the action was implied as necessary from work experience, but was not fixed anywhere, then it is impossible to consider failure to perform such a procedure as negligence.
- The last step in determining the crime of negligence is to identify the person at fault, that is, the one who neglected his functions or made the wrong decision at the point in time that became the starting point of the negative event that led to damage to property or interests, or caused death.
