ST 225 of the Criminal Code of the Russian Federation.
1. Improper performance of their duties by a person entrusted with the protection of firearms, ammunition, explosives or explosive devices, if this resulted in their theft or destruction or the onset of other grave consequences, is punishable by a fine of up to forty thousand rubles or in the amount of wages. or other income of the convicted person for a period of up to three months, or restriction of freedom for a term of up to three years, or forced labor for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or arrest for a term up to six months, or imprisonment for a term of up to two years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
2. Improper performance of duties to protect nuclear, chemical or other types of weapons of mass destruction or materials or equipment that can be used in the creation of weapons of mass destruction, if this entailed grave consequences or created the threat of their occurrence, is punishable by a fine of up to one hundred and twenty thousand rubles or in the amount of wages or other income of the convicted person for a period of up to one year, or forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to seven years with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
Commentary to Art. 225 Criminal Code
1. The subject of the crime differs in Part 1 and Part 2, which implies two independent elements of the crime.
2. The first of them (part 1) is characterized by an act (action or inaction) in the form of improper performance of duties to protect the relevant items. The crime is completed from the moment of the theft or destruction of such items or the onset of other grave consequences (committing a crime, etc.).
3. The second corpus delicti (Part 2) is characterized by an act (action or inaction) in the form of improper performance of duties to protect the relevant items. The crime is completed from the moment of the onset of grave consequences (theft or destruction of relevant items, the commission of a crime, etc.) or the creation of a real threat of their occurrence.
Second commentary to Art. 225 of the Criminal Code of the Russian Federation
1. The subject of the crime provided for in Part 1 of Art. 225, - firearms, ammunition, explosives and explosive devices.
2. The objective side is characterized by three mandatory features:
a) improper performance by a person of his duties to protect firearms and other items;
b) the onset of consequences in the form of theft, destruction of the subject of the crime or other grave consequences;
c) a causal connection between the improper performance of these duties and the socially dangerous consequences that occur.
Improper fulfillment of the obligation to protect these items can be accomplished through inaction, i.e. failure by a person to perform those actions that he was obliged to perform by virtue of the work entrusted to him to ensure their safety, or inaction in the form of a dishonest attitude towards the performance of his duties.
Other grave consequences provided for in Part 1 of Art. 225, include causing harm to human health, causing death, causing property damage, committing a crime with a stolen weapon, etc.
The crime is considered completed from the moment the socially dangerous consequences occur.
3. The subjective side is characterized by a careless form of guilt in the form of frivolity or negligence.
4. The subject of the crime is a special one: a person who has reached 16 years of age and is entrusted (by virtue of his position, work performed, by contract, special assignment, etc.) with responsibilities for the protection of firearms, explosives and explosive devices.
5. In part 2 of Art. 225 contains an independent crime, the subject of which is nuclear, chemical or other types of weapons of mass destruction or materials or equipment that could be used in the creation of weapons of mass destruction.
Other types of weapons of mass destruction include biological and toxin weapons.
6. The objective side is characterized by improper performance of duties to protect the subject of the crime.
The crime is recognized as completed from the moment of the onset of grave consequences (material composition) or the threat of their occurrence (the composition of a specific danger).
Serious consequences include radioactive and chemical contamination of the environment, mass death of people, etc.
7. The subjective side implies frivolity or negligence.
8. The subject of the crime is special: a person who has reached the age of 16, who is entrusted with the responsibility of protecting the subject of the crime.
Article 225 of the Labor Code of the Russian Federation. Training in the field of labor protection (current edition)
In addition, the employer must organize periodic, at least once a year, training for blue-collar workers to provide first aid to victims. Newly hired employees undergo training in providing first aid to victims within the time frame established by the employer, but no later than one month after hiring.
3. Persons entering work with harmful and (or) dangerous working conditions must undergo special training in safe methods and techniques for performing work. At the same time, the training of such persons must be organized with mandatory on-the-job training, passing exams, subsequent periodic training in labor protection and testing of knowledge during the work period. Workers in blue-collar professions who are new to these jobs or who have had a break in their profession (type of work) for more than a year undergo training and testing of knowledge of labor protection requirements within the first month after being assigned to these jobs.
Testing of theoretical knowledge of labor protection requirements and practical skills of safe work of blue-collar workers is carried out by immediate supervisors to the extent of knowledge of the requirements of labor protection rules and instructions, and, if necessary, to the extent of knowledge of additional special safety and labor protection requirements.
4. Managers and specialists of organizations undergo special training in labor protection. This training is carried out within the scope of job responsibilities upon entry to work during the first month, then - as necessary, but at least once every three years. Training in labor protection for managers and specialists of organizations is also carried out when improving their qualifications in their specialty.
Newly appointed managers and specialists of the organization are allowed to work independently after their employer familiarizes them with job responsibilities, including labor protection, with the local regulations in force in the organization that regulate the procedure for organizing work on labor protection, and working conditions at the facilities entrusted to them ( structural divisions of the organization).
Labor protection training for managers and specialists is carried out according to the relevant labor protection programs directly by the organization itself, which has a commission to test knowledge of labor protection requirements, or by organizations carrying out educational activities, if they have the appropriate document for the right to conduct educational activities, teaching staff specializing in in the field of labor protection, and the corresponding material and technical base. It should be noted that occupational safety training is carried out by organizations that have passed accreditation, the procedure for which is determined by Order of the Ministry of Health and Social Development of Russia dated 04/01/2010 N 205n “On approval of the list of services in the field of occupational safety, the provision of which requires accreditation, and the Rules for the accreditation of organizations providing services in the field of labor protection."
The Ministry of Labor of Russia develops and approves sample curricula and training programs on labor protection, including the study of intersectoral rules and standard instructions on labor protection, and other regulatory legal acts containing labor protection requirements.
5. The procedure for training in labor protection and testing knowledge of labor protection requirements for employees of organizations provides for regular and extraordinary testing of knowledge of labor protection requirements.
Managers and specialists of organizations undergo regular testing of knowledge of labor protection requirements at least once every three years.
An extraordinary test of knowledge of labor protection requirements for employees of organizations is carried out regardless of the period of the previous test in cases established by procedure (when introducing new provisions or making changes and additions to existing legislative and other regulatory legal acts containing labor protection requirements; when commissioning new equipment and changes in technological processes that require additional knowledge on labor protection for workers; when assigning or transferring workers to another job, if new duties require additional knowledge on labor protection, at the request of officials of the Federal Labor Inspectorate, etc.). The scope and procedure for an extraordinary test of knowledge of labor protection requirements are determined by the party initiating it.
Testing of knowledge of labor protection requirements for employees in organizations is carried out by a commission created by order of the employer to test knowledge of labor protection requirements, consisting of at least three people who have completed training in labor protection and testing of knowledge of labor protection requirements in the prescribed manner. The results of testing the knowledge of labor protection requirements of the organization's employees are documented in a protocol.
Training organizations can test the knowledge of occupational safety requirements only of those employees who have undergone occupational safety training.
An employee who has not passed the knowledge test of labor protection requirements during training is then required to undergo a second knowledge test within a period of no later than one month.
The employer is obliged to remove from work (not allow to work) persons who have not undergone training and testing of knowledge and skills in the field of labor protection in accordance with the established procedure. These persons are suspended from work (not allowed to work) for the entire period of time until the circumstances that served as the basis for removal from work or non-admission to work are eliminated (see commentary to Article 76).
Employees of organizations must be allowed to work only after undergoing training in fire safety measures, which is carried out by conducting fire safety briefings and passing the fire-technical minimum. The procedure and timing of fire safety training and passing the fire-technical minimum are determined by the head of the organization. Training in fire safety measures is carried out in accordance with regulatory documents on fire safety (clause 3 of the Fire Regulations in the Russian Federation, approved by Decree of the Government of the Russian Federation of April 25, 2012 N 390).
Training in fire safety measures for employees of organizations is carried out by the administration (owners) of these organizations (Article 25 of the Federal Law of December 21, 1994 N 69-FZ “On Fire Safety”). Fire safety requirements for organizing fire safety training for employees of organizations are established by the Fire Safety Standards “Training in fire safety measures for employees of organizations,” approved. By Order of the Ministry of Emergency Situations of Russia dated December 12, 2007 N 645.
To assist managers and specialists of organizations responsible for training employees in fire safety measures, developers of training programs in fire safety measures within the framework of fire safety briefings and fire-technical minimums, as well as representatives of federal executive authorities approving training programs for employees of organizations in the field of fire safety, The Russian Ministry of Emergency Situations has developed methodological recommendations for organizing training for managers and employees of organizations. Fire safety briefing and fire-technical minimum.
6. Training of employees in safe methods and techniques of work is carried out by the employer at his own expense.
As part of the preventive measures taken by the employer to reduce industrial injuries and occupational diseases of workers and sanatorium-resort treatment of workers engaged in work with harmful and (or) dangerous production factors, financial support is provided from the funds of the Social Insurance Fund of the Russian Federation (amounts of insurance contributions for compulsory social insurance against industrial accidents and occupational diseases, subject to transfer in the prescribed manner by the insurer to the Fund in the current financial year) employer expenses for labor protection training for certain categories of employees. These categories of workers include: heads of small business organizations; employees of small business organizations (with up to 50 employees), who are entrusted with the responsibilities of occupational safety specialists; heads (including heads of structural divisions) of state (municipal) institutions; managers and specialists of labor protection services of organizations; members of labor protection committees (commissions); authorized (trusted) persons for labor protection of trade unions and other representative bodies authorized by employees (see Order of the Ministry of Labor of Russia dated December 10, 2012 N 580n “On approval of the Rules for financial support of preventive measures to reduce industrial injuries and occupational diseases of workers and sanatorium and resort treatment of workers occupied in work with harmful and (or) hazardous production factors").
The implementation in 2014 of financial support for preventive measures to reduce industrial injuries and occupational diseases of workers and sanatorium-resort treatment of workers engaged in work with harmful and (or) dangerous production factors are provided for by Federal Law of December 2, 2013 N 322-FZ “On budget of the Social Insurance Fund of the Russian Federation for 2014 and for the planning period of 2015 and 2016” (subclause 5, clause 1, article 7).
7. Monitoring the timely testing of knowledge of labor protection requirements for workers, incl. managers and organizations is carried out by the federal labor inspectorate.
In accordance with Part 1 of Art. 357 of the Labor Code, state labor inspectors have the right to issue orders to remove from work persons who have not completed training in safe methods and techniques for performing work, labor safety instruction, on-the-job training, and testing of knowledge of labor safety requirements in accordance with the established procedure.
At the level of constituent entities of the Russian Federation, conducting, in the prescribed manner, training on labor protection for workers, including heads of organizations, as well as employers - individual entrepreneurs, testing their knowledge of labor protection requirements, as well as conducting training in providing first aid to victims at work, instruction on labor protection, On-the-job internships are organized by the executive authorities of the constituent entities of the Russian Federation in the field of labor protection (Part 6 of Article 216 of the Labor Code).
