1. Production of prohibited types of hazardous waste, transportation, storage, burial, use or other handling of radioactive, bacteriological, chemical substances and waste in violation of established rules, if these acts created a threat of causing significant harm to human health or the environment, -
shall be punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, 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 term.
2. The same acts that resulted in pollution, poisoning or contamination of the environment, harm to human health or mass death of animals, as well as those committed in an environmental disaster zone or in an environmental emergency zone, -
shall be punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, or by forced labor for a term of up to five years, or by imprisonment for the same term.
3. Acts provided for in parts one or two of this article, which through negligence resulted in the death of a person or mass disease of people, -
shall be punishable by imprisonment for a term of up to eight years.
- Article 246. Violation of environmental protection rules during work performance
- Article 248. Violation of safety rules when handling microbiological or other biological agents or toxins
Commentary to Art. 247 of the Criminal Code of the Russian Federation
The object of the crimes provided for in Art. 247 of the Criminal Code of the Russian Federation - relations for environmental protection and ensuring the environmental safety of the population.
The subject of the crime is the environment in the totality of its constituent natural components: land, subsoil, water, atmosphere, etc.
The objective side of the crime is expressed in the production of prohibited types of hazardous waste and the circulation of hazardous substances (radioactive, bacteriological, chemical) and waste in violation of established rules, if these acts created a threat of causing significant harm to human health or the environment.
Based on the content of the norms of current legislation, the general definition of hazardous waste can be formulated as follows: it is waste containing substances harmful to human health and the environment, toxic, fire hazardous, highly radioactive, explosive, or containing pathogens of infectious diseases.
The summary list of hazardous wastes and substances is indicated in the Federal Target Program “Waste”, approved by Decree of the Government of the Russian Federation of September 13, 1996 N 1098; Regulations on state registration of potentially hazardous chemical and biological substances, approved by Decree of the Government of the Russian Federation of November 12, 1992 N 869, and in other regulations.
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NW RF. 1996. N 39. Art. 4565.
SAPP RF. 1992. N 20. Art. 1669.
Environmental requirements for the production of hazardous waste, transportation, storage, burial, use and other handling of chemical, bacteriological and radioactive substances are specified in the regulatory legal acts listed in the commentary to Art. 246 of the Criminal Code of the Russian Federation. They are also set out in a number of other legislative acts of the Russian Federation, its subjects, and by-laws, to which reference must be made. For example, the legal basis for waste management is determined by the Federal Law of June 24, 1998 N 89-FZ “On Production and Consumption Waste”. The circulation of radioactive substances and waste is regulated by the Law of the Russian Federation of November 21, 1995 N 170-FZ “On the Use of Atomic Energy”; Resolutions of the Government of the Russian Federation dated July 22, 1992 N 505 “On approval of the procedure for inventory of sites and facilities for production, transportation, processing, use, collection, storage and burial of radioactive substances and sources of ionizing radiation on the territory of the Russian Federation”, dated July 23, 1993 N 710 “On measures to comprehensively solve the problem of radioactive waste management and stop their disposal in the seas” and dated August 14, 1993 N 824 “On priority work in the field of management of radioactive waste and spent nuclear materials.”
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NW RF. 1998. N 26. Art. 3009.
NW RF. 1995. N 48. Art. 4552.
SAPP RF. 1992. N 4. Art. 185.
SAPP RF. 1993. N 31. Art. 2985.
SAPP RF. 1993. N 35. Art. 3335.
The procedure for the generation and handling of toxic industrial waste is also carried out on the basis of various GOSTs, rules, classifiers, guidelines, and instructions.
Treatment means transportation, storage, burial, use, transfer, sale and other transactions, cleaning, collection, disposal, disposal, destruction, destruction of radioactive, chemical or bacteriological substances and waste. Since the disposition of the norm in question is blanket, it is necessary to establish in each specific case which rules were violated, whether they are valid, and refer to these rules when qualifying the crime.
The production of prohibited types of hazardous waste means the creation of waste that should not remain in the process of manufacturing chemical, radioactive or biological products, as well as their non-destruction or neutralization, leading to accumulation.
Transportation is the movement of specified substances and waste from one place to another (in our opinion, both by any type of transport and by carrying it by a person).
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Ozhegov S.I. Dictionary of the Russian language. M., 1989. P. 806.
Storage is their keeping in some place (warehouse, repository, etc.) for the purpose of saving and subsequently performing any actions with them.
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S.I. Ozhegov defines the word “store” as a synonym for the words “to preserve, to keep somewhere safe and sound.” See: Ozhegov S.I. Dictionary of the Russian language. M., 1989. P. 866.
Burial - burying in the ground, placing in a burial ground. Article 1 of the Federal Law “On Production and Consumption Waste” defines disposal as the isolation of waste in special storage facilities in order to prevent its release into the environment.
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Right there. P. 805.
The use of radioactive, chemical and bacteriological substances and waste involves their use (exploitation of their properties) by any enterprises, organizations, institutions, regardless of their form of ownership and subordination, as well as by individual citizens.
Other treatment should be understood as any other than those listed in Art. 247 of the Criminal Code of the Russian Federation, actions regarding environmentally hazardous substances and waste mentioned above (transfer, sale, disposal, destruction, etc.).
The corpus delicti is formal in design. The crime is considered completed from the moment of production of hazardous types of waste or from the moment of their transportation, storage or other handling in violation of safety rules, if these acts created a threat of causing significant harm to human health or the environment.
At the same time, within the meaning of the law, we are talking about both causing significant harm to human health and significant harm to the environment.
The threat of harm is considered created if it was real, actual (and not imaginary) and harm to human health or the environment was not caused only due to circumstances beyond the control of the perpetrator, or due to timely measures taken (clause 6 of the Resolution of the Plenum of the Supreme Court RF dated November 5, 1998 “On the practice of application by courts of legislation on liability for environmental offenses”).
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Bulletin of the Supreme Court of the Russian Federation. 1999. N 1.
The Plenum of the Supreme Court of the Russian Federation in paragraph 5 of the above-mentioned Resolution of November 5, 1998 explained that significant environmental damage is characterized by the occurrence of diseases and death of aquatic animals and plants, other animals and vegetation on the banks of water bodies; destruction of fish stocks, spawning and feeding grounds; mass death of animals, including birds, including aquatic animals, in a certain area, in which mortality exceeds the average statistical level by three or more times; the ecological value of the damaged area or lost natural object, destroyed animals and trees and shrubs; a change in the radioactive background to values posing a danger to human health and life, the genetic fund of animals and plants; level of land degradation, etc.
The threat of causing significant harm to people's health, in our opinion, means the threat of causing severe or moderate harm to the health of at least one person or the threat of the spread of an epidemic. This conclusion follows from a comparative analysis of the norm in question and other norms on liability for environmental crimes, where harm to human health is indicated as consequences.
From the subjective side, the crime in question is characterized by direct intent: the person is aware of the social danger of the actions he commits, foresees the possibility or inevitability of causing harm to human health or the environment, and wants to commit these actions.
Motives and goals may be different and do not influence the qualification of the crime.
The general subject of the crime is a sane person who has reached the age of sixteen, since most of those listed in Art. 247 of the Criminal Code of the Russian Federation, acts can be committed by any person.
Statements that the subject of this crime can only be persons who are entrusted with the responsibility of managing an industrial enterprise or technological process, unreasonably narrow the meaning and content of the law.
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Criminal law of Russia: Practical course / Ed. R.A. Adelkhanyan. M., 2004. P. 556.
The qualifying features of the composition in accordance with Part 2 of the article are the commission of acts specified in Part 1 of Art. 247 of the Criminal Code of the Russian Federation, resulting in: pollution, poisoning, contamination of the environment; causing harm to human health or mass death of animals, as well as committing them in an environmental disaster zone or in an environmental emergency zone.
Under environmental pollution in Part 2 of Art. 247 of the Criminal Code of the Russian Federation is understood as a physical, chemical, radiation, aromatic, biological change in the quality of water, air, soil, exceeding established standards for harmful effects on the environment and, as a result, creating a threat to human health, the state of flora and fauna, the gene pool of animals, plants and humans , ozone layer.
Environmental poisoning is a type of pollution, the saturation of components (resources) of the natural environment with toxic substances and waste that can cause death or impairment of the health of people and animals, destruction or inhibition of vegetation growth, and mutations.
Environmental contamination is the introduction into the habitat of pathogens that cause diseases of animals, plants and humans, as well as plant pests capable of rapid reproduction (of both plant and animal origin).
The concept of “harm to human health” was set out when considering Art. 246 of the Criminal Code of the Russian Federation, the concept of “significant harm to the natural environment” is identical to the concept of “significant environmental harm”.
Mass death of animals is the death of animals, birds, aquatic animals, including fish, in a certain territory, in which their mortality rate exceeds the statistical average by three or more times (clause 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 5, 1998) .
The procedure for declaring and establishing environmental disaster zones and their legal regime are determined in accordance with Art. 57 of the Federal Law of the Russian Federation “On Environmental Protection” legislation on these zones. However, these issues still remain practically outside of legal regulation.
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NW RF. 2002. N 2. Art. 133.
Verdict for a crime under Part 2 of Article 247 of the Criminal Code of the Russian Federation. Entered into force on 08/07/10.
P R I G O V O R
In the name of the Russian Federation
The date is impersonal. Tutaev, Yaroslavl region
Judge of the Tutaevsky City Court of the Yaroslavl Region Pogodina N.M.,
with the participation of the state prosecutor - prosecutor of the Yaroslavl interdistrict environmental prosecutor's office Markin A.P.
defendant Sinitsyn A.G.,
defender - lawyer of the Law Firm Number impersonal Yaroslavl Regional Bar Association Ovsyannikov A.V. who provided the identification The number is anonymized and the warrant The number is anonymized
under secretary Nekrasova Zh.A.,
having examined in open court the materials of the criminal case against
Sinitsyna A.G.,
born Date impersonal in ..., citizen ..., having ..., ..., ..., ..., working Position1 in Organization1 in ...
,
registered and residing at the address: ..., no previous convictions,
accused of committing a crime under Part 2 of Article 247 of the Criminal Code of the Russian Federation,
U S T A N O V I L:
According to the indictment, Sinitsyn A.G., being the only... Organization2 (hereinafter referred to as Organization2), in accordance with clause 2.1 of the Charter of the said company, approved Date anonymized and appointed by the decision of the founder Organization2 from Date anonymized Number anonymized from Date anonymized to the position Position2 Organization2, according to paragraphs 3.2; 6.9. The Charter of the specified company, approved by the date impersonal, the official rights, duties and responsibilities of which as ... and Position 2 include:
— bear the responsibilities provided for by current legislation;
— perform the functions of the executive body of the Organization2;
— without a power of attorney, act on behalf of the company, including representing its interests and making transactions;
— issue orders on the appointment of company employees, their transfer and dismissal, apply incentive measures and impose disciplinary sanctions;
— exercise other powers that are not within the competence of the general meeting of company participants;
Using his powers, Sinitsyn A.G. Date anonymized, acting on behalf of Organization2, entered into an agreement with Organization3 (hereinafter referred to as Organization3), for the provision of services for the storage of bitumen at the T-309 non-compressor bitumen plant, owned by Organization3, located on ... and located on the territory of Organization4 (hereinafter referred to as Organization4) Organization3. According to clause 1.2 of this agreement, Organization3, acting as a contractor, undertakes to provide services for the storage of bitumen owned by Organization2 at a non-compressor bitumen plant in ..., and Organization2, acting as a customer in accordance with clause 2.3 of the above agreement, has the right to check the progress and quality of the services provided performed by the contractor, refuse to perform the contract at any time.
Sinitsyn A.G. in violation of the terms of the above agreement, using the rights granted to him, as well as in violation of:
— Article 2. Federal Law “On Industrial Safety of Hazardous Production Facilities” No. 116-FZ of July 21, 1997. Hazardous production facilities
Part 1. Hazardous production facilities in accordance with this Federal Law are enterprises or their workshops, sites, sites, as well as other production facilities specified in Appendix 1 to this Federal Law;
Part 2. Hazardous production facilities are subject to registration in the state register in the manner established by the Government of the Russian Federation;
— Article 9 of the Federal Law “On Industrial Safety of Hazardous Production Facilities” No. 116-FZ of July 21, 1997. Industrial safety requirements for the operation of a hazardous production facility
Part 1. An organization operating a hazardous production facility is obliged to:
comply with the provisions of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, as well as regulatory technical documents in the field of industrial safety;
have a license to carry out a specific type of activity in the field of industrial safety, subject to licensing in accordance with the legislation of the Russian Federation;
ensure that the staff of the hazardous production facility is staffed in accordance with established requirements;
allow persons who meet the relevant qualification requirements and do not have medical contraindications to the specified work to work at a hazardous production facility;
ensure training and certification of workers in the field of industrial safety;
have at a hazardous production facility regulatory legal acts and regulatory technical documents establishing the rules for conducting work at a hazardous production facility;
organize and carry out production control over compliance with industrial safety requirements;
ensure the examination of the industrial safety of buildings, as well as carry out diagnostics, tests, inspections of structures and technical devices used at a hazardous production facility, within the established time limits and in accordance with the instructions of the federal executive body in the field of industrial safety, or its territorial body, presented in the prescribed manner;
enter into an insurance contract for the risk of liability for causing harm during the operation of a hazardous production facility;
Part 2. Employees of a hazardous production facility are obliged to:
comply with the requirements of regulatory legal acts and regulatory technical documents establishing the rules for conducting work at a hazardous production facility and the procedure for action in the event of an accident or incident at a hazardous production facility; undergo training and certification in the field of industrial safety;
— Article 10 of the Federal Law “On Industrial Safety of Hazardous Production Facilities” No. 116-FZ of July 21, 1997. Industrial safety requirements for preparedness for actions to localize and eliminate the consequences of an accident at a hazardous production facility
In order to ensure preparedness for actions to localize and eliminate the consequences of an accident, an organization operating a hazardous production facility is obliged to:
plan and implement measures to localize and eliminate the consequences of accidents at a hazardous production facility;
conclude service contracts with professional emergency rescue services or professional emergency rescue units, and in cases provided for by the legislation of the Russian Federation, create their own professional emergency rescue services or professional emergency rescue units, as well as non-standard emergency rescue units from among workers;
train employees to act in the event of an accident or incident at a hazardous production facility;
— Article 11 of the Federal Law “On Industrial Safety of Hazardous Production Facilities” No. 116-FZ of July 21, 1997. Production control over compliance with industrial safety requirements
Part 1. An organization operating a hazardous production facility is obliged to organize and carry out production control over compliance with industrial safety requirements in accordance with the requirements established by the Government of the Russian Federation;
Part 2. Information on the organization of production control over compliance with industrial safety requirements and on the employees authorized to carry it out is submitted to the federal executive body in the field of industrial safety, or to its territorial body;
— clause 3.5.4.254 of the “Safety Rules in the Oil and Gas Industry” (approved by Resolution of the State Technical Supervision Authority of the Russian Federation dated June 5, 2003 N 56), according to which oil tanks in operation must be provided with:
a) technical passport of the tank;
b) technical passport for the pontoon;
c) tank calibration table;
d) technological map of the tank;
e) routine maintenance log;
f) a log for monitoring the status of lightning protection devices and protection against static electricity;
g) base leveling scheme;
h) a lightning protection circuit and protection of the tank from manifestations of static electricity;
i) orders, acts for the replacement of tank equipment;
j) technological maps for replacing tank equipment;
k) executive documentation for the construction of the reservoir;
— clause 3.5.4.255 of the “Safety Rules in the Oil and Gas Industry” (approved by Resolution of the State Mining and Technical Inspectorate of the Russian Federation dated June 5, 2003 N 56), according to which tanks in operation are subject to periodic inspection and diagnostics to determine the need and type of repair , as well as the remaining service life of the tank;
— clause 1.3. “Regulations on the procedure for safe carrying out repair work at chemical, petrochemical and oil refining hazardous production facilities RD 09-250-98” (approved by Resolution of the State Mining and Technical Inspectorate of the Russian Federation dated December 10, 1998 No. 74). For repair work in a workshop (installation), carried out by the repair staff of the workshop, as well as by the personnel of the centralized repair service, assigned by order of the enterprise to this technological workshop (installation), a permit is not required. The specified personnel must undergo periodic training on the safety of repair work in the manner established at the enterprise (organization);
— terms of the agreement, clauses 2.3.1 and 2.3.2 of the agreement for the provision of services for storing bitumen at a non-compressor bitumen plant dated anonymized, concluded between Organization2 and Organization3;
pursuing selfish goals aimed at extracting more profit, having a criminal intent to use this non-compressor bitumen installation in the production process for the production of bitumen and storage of the flammable chemical fuel oil, in the period from the Date anonymized to the Date anonymized by the efforts of the employees of Organization 2 produced bitumen on it and stored it contains a flammable chemical substance, namely fuel oil M-100, which has a hazard class 3 for fishery reservoirs, according to the safety data sheet for fuel oil M-100. In connection with these circumstances, Sinitsyn A.G. in violation of clause 1.2 of the agreement with the Organization3, obliging to store bitumen for purposes that do not contradict the Charter of the enterprise and the implementation of production and economic activities, as well as the requirements established by law, aware of the social danger of their actions, anticipating the possibility of socially dangerous consequences, unwillingly, but consciously allowing these consequences, treating them indifferently, in the period from Date anonymized to Date anonymized, placed, in violation of the totality of the above requirements, by the forces of hired workers of Organization2, in a vertical tank, steel capacity of 400 cubic meters (hereinafter referred to as capacity E-0), part of a non-compressor bitumen installation, which, according to an agreement with Organization3, was intended for the storage of bitumen, located on ..., more than 79.181 tons of fuel oil M-100, which is a fire hazardous chemical and has a hazard class of 3 for fishery reservoirs, while the capacity is E-0 , in accordance with the requirements of the Federal Law of July 21, 1997 No. 116-FZ “On Industrial Safety of Hazardous Production Facilities” (Appendix No. 1), acquired the status of a hazardous production facility. After that, in the period from Date anonymized to Date anonymized Sinitsyn A.G. stored more than 79.181 tons of fuel oil M-100 in tank E-0.
Subsequently, Sinitsyn A.G. in the period from Date anonymized to Date anonymized, violated the set of rules for the circulation of the environmentally hazardous chemical fuel oil M-100, which is a fire hazardous chemical and has a hazard class of 3 for fishery reservoirs, namely the requirements:
- Art. Art. 2, 9, 10, 11 of the Federal Law “On Industrial Safety of Hazardous Production Facilities” No. 116-FZ dated July 21, 1997,
— clauses 3.5.4.254, 3.5.4.255 “Safety Rules in the Oil and Gas Industry” (approved by Resolution of the State Mining and Technical Supervision of the Russian Federation dated June 5, 2003 N 56),
— clause 1.3. “Regulations on the procedure for safe carrying out repair work at chemical, petrochemical and oil refining hazardous production facilities RD 09-250-98” (approved by Resolution of the State Mining and Technical Inspectorate of the Russian Federation dated December 10, 1998 No. 74),
Moreover, in the period from the Date anonymized to the Date anonymized Sinitsyn A.G. hazardous production facility - container E-0 was not registered in the state register; did not hire workers of appropriate and sufficient qualifications to work at the hazardous production facility of the E-0 tank, and did not conduct training and certification of workers by Organization2; did not store regulatory legal acts and regulatory technical documents establishing the rules for conducting work at the hazardous production facility of the E-0 tank at a compressor-free bitumen plant; did not carry out diagnostics, testing, inspection of structures and technical devices used in hazardous production - E-0 containers; I did not plan measures to localize and eliminate the consequences of accidents at a hazardous production facility - the E-0 tank; Organization2 did not train employees on what to do in the event of an accident at a hazardous production facility - tank E-0; did not carry out production control during work on the E-0 tank during the period; oil tank - tank E-0 was not provided with a technical passport of the tank, technological map of the tank, as-built documentation for the construction of the tank; did not periodically examine or diagnose the E-0 container; Organization2 personnel carrying out repairs of the E-0 tank did not receive periodic safety instructions for carrying out repair work.
As a result of an intentional violation by Sinitsyn A.G. in the period from Date anonymized to Date anonymized., set of the above rules, Date anonymized around Time anonymized, on ..., located on the territory of Organization4 Organization3 in ..., by carelessly introducing an open fire source into container E-0 by an unidentified employee, an explosion of fuel- air mixture formed in the closed space of the E-0 container, which depressurized it. As a result of the explosion of a vertical steel tank, at the production base of Organization2 Date anonymized, fuel oil M-100 entered the environment - into the soil and into water, namely fuel oil M-100, which was in the specified container E-0, warmed up, along the slope the terrain began to flow into the water area of the 1st category fishing river Reka1, which is a tributary of the Reka2 river. At the same time, 79.181 tons of fuel oil M-100 entered the Reka1 river, which led to significant environmental pollution, which was reflected in the following: the water of the Reka1 river, including at the mouth of its confluence with the Reka2 river, at the time of the salvo of oil products in the amount of 79,181 tons and in the period from Date anonymized to Date anonymized was significantly contaminated and did not meet the requirements established by the “List of economic standards: maximum permissible concentrations (MAC) and approximately safe exposure levels (SAEL) of harmful substances for the water of water bodies of fishery importance" in terms of petroleum products. The content of petroleum products exceeded the maximum permissible concentration for fishery reservoirs from 1.3 times to 210 times. In the water of the Reka1 river, the concentrations of polluting chemicals (petroleum products) have reached extremely high values. As a result of the leak of fuel oil, a section of the Reka1 river from the point where the fuel oil entered to the place where it flows into the Reka2 river, about 1800 meters long, was polluted. The River Reka1 for the specified period of time lost its fishery purpose, namely, in addition to the direct impact on fish as an object, fuel oil destroyed fish spawning grounds, migration routes, feeding grounds, and led to the death of the bottom fauna - the food supply of fish: oligochaete worms, chironomid larvae and mollusks , had a negative impact on aquatic organisms, which certainly led to significant damage to the fish stocks of the Reka River1. Heavy fractions of petroleum products, settling to the bottom, caused the death of about 2,700 - 3,600 individuals of wintering grass frogs. The entry of fuel oil into the soil over an area of 3000 square meters as a result of an accident led to its significant contamination, profound changes in its morphological, physical, chemical, microbiological properties, which is associated with bituminization, tarification, cementation and soil contamination, which increased its erosion, cryogenesis and the general degradation of the soil cover resulted in a change in the physical properties of soils that are important for living organisms. In the soil, the excess content of petroleum products compared to background values ranged from 2.2 to 33.2 times. As a result of the oil spill that occurred in the contaminated area near the destroyed reservoir and along the stream flowing into the River Reka1, the soil cover was destroyed, which led to the almost complete disappearance of soil invertebrates in the contaminated area - earthworms, insects (ants, ground beetles, rove beetles, sylphids, centipedes). This territory was inhabited by amphibians: (grass frog), birds (common bunting, white wagtail), mammals (common shrew, common vole, bank vole, field mouse, wood mouse). As a result of oil pollution, the area became completely unsuitable for their habitat. Soil pollution with fuel oil suppressed photosynthesis and respiration of different groups of plants. As a result of the above, the ecosystem in the soil at the source of the fuel oil spill was completely destroyed. As a result of fuel oil burning, there are several areas of burnt tree and shrub vegetation with a total length of more than 400 m along the slope of the ditch and on the right bank of Reka1. Restorative succession in this area can begin no earlier than in 5-10 years. As a result of the emergency release of petroleum products, significant damage was caused to the flora of the contaminated area, resulting in damage to trees.
As a result of significant environmental pollution, damage in monetary terms amounted to: the water body of the River Reka1 in the amount of 116,986,000 rubles, calculated according to the “Methodology for calculating the amount of damage caused to water bodies due to violation of water legislation”, approved by order of the Ministry of Natural Resources of Russia dated March 30, 2007 year No. 71, damage to fish stocks 704,296 rubles 37 kopecks, calculated according to the “Methods for calculating damage caused to fisheries as a result of the discharge of wastewater and other waste into fishery reservoirs No. 30-1-11 of August 16, 1967”, damage from loss standing timber, namely 30 spruce trees, 210 birch trees, 60 aspen trees 14,256 rubles. The total damage to the environment in monetary terms amounted to 117,704,552 rubles 37 kopecks.
Sinitsyn A.G. upon reviewing the materials of the criminal case and fulfilling the requirements of Part 2 of Article 247 of the Criminal Code of the Russian Federation, he fully admits. He supported his petition for consideration of the case in a special manner; explained that he submitted the petition voluntarily, after consultation with the defense lawyer, and is aware of the nature and consequences of passing a sentence without a trial.
The defendant's defense attorney is Ovsyannikov A.V. supported the stated petition.
State prosecutor Markin A.P. did not object to the sentencing without a trial.
The stated circumstances, as well as the fact that the accusation agreed with by the defendant is justified, are confirmed by the evidence collected in the case. Sinitsyn A.G. is accused. committing a crime for which the punishment does not exceed 10 years in prison. There are no grounds for dismissing the case, as well as the fact that the defendant is aware of the nature and consequences of considering the case in a special manner, give the court grounds for a ruling against the defendant Sinitsyn A.G. sentence without trial.
If guilt is proven, the court qualifies the actions of the defendant A.G. Sinitsyn. under Part 2 of Article 247 of the Criminal Code of the Russian Federation as storage and other handling of chemical substances in violation of established rules, creating a threat of causing significant harm to the environment and resulting in environmental pollution.
When sentencing a defendant, the court takes into account the nature and degree of social danger of the committed act, information about the identity of the perpetrator, mitigating and aggravating circumstances, the impact of the punishment on the correction of the convicted person and on the living conditions of his family.
In accordance with Part 2 of Article 43 of the Criminal Code of the Russian Federation, punishment is applied to restore social justice, as well as to correct the convicted person and prevent him from committing new crimes.
According to Article 6 of the Criminal Code of the Russian Federation, the punishment applied to a person who has committed a crime must be fair, that is, correspond to the nature and degree of public danger of the crime committed and the personality of the perpetrator.
In accordance with Part 7 of Article 316 of the Code of Criminal Procedure of the Russian Federation, the punishment of the defendant cannot exceed 2/3 of the maximum term or the amount of the most severe type of punishment provided for the crime committed.
Committed by Sinitsyn A.G. crime falls into the category of medium gravity.
Sinitsyn A.G. no previous convictions; ...; by place of residence is characterized by...; at the place of work in Organization1, where he works from Date impersonal, characterized by....
Mitigating the punishment of the defendant Sinitsyn A.G. circumstances, the court recognizes his full recognition of his guilt and repentance for his deeds, ..., the commission of actions aimed at making amends for the harm caused.
No aggravating circumstances for the defendant's punishment were established at the court hearing.
Taking into account the above, in order to restore social justice, as well as in order to correct Sinitsyn A.G. and preventing him from committing new crimes, the court imposes a fine on the defendant. When determining the amount of the fine, the court takes into account that the crime committed by the defendant is a crime of medium gravity, the defendant is employed, the amount of his income is ... rubles, ....
Physical evidence - a CD with photographs of the scene of the incident in accordance with Art. 81 of the Code of Criminal Procedure of the Russian Federation to store in a criminal case
Based on the above and guided by Art. 303, 304, 316, 317 Code of Criminal Procedure of the Russian Federation, court
P R I G O V O R I L :
Recognize Sinitsyn A.G.
guilty of committing a crime under Part 2 of Article 247 of the Criminal Code of the Russian Federation and impose a fine in the amount of 150,000 (one hundred and fifty thousand) rubles.
Preventive measure for Sinitsyn A.G. until the sentence comes into force, leave a written undertaking not to leave the place and proper behavior.
In accordance with Article 81 of the Code of Criminal Procedure of the Russian Federation, material evidence: CD with photographs should be kept in the criminal case.
The court's verdict can be appealed in cassation, in compliance with the requirements of Article 317 of the Code of Criminal Procedure of the Russian Federation, within 10 days from the date of its proclamation, and the convicted person, within the same period from the date of delivery of a copy of the verdict, to the Yaroslavl Regional Court by filing a complaint through the Tutaevsky City court.
To participate in a court hearing of the cassation instance, the convicted person must indicate his desire in the cassation appeal, and if the case is subject to consideration on the proposal of the prosecutor, or the complaint of another person, in a separate petition or objections to the complaint or presentation, within 10 days from the date of delivery to him copies of the verdict, or copies of the complaint or presentation. Petitions submitted in violation of these requirements may be rejected by the cassation court. A convicted person has the right to entrust his defense to a defense attorney of his choice or to petition the court to appoint a defense attorney. The convicted person must be informed in writing of the desire to have a defense attorney in the cassation court or to consider the case without a defense attorney to the Tutaevsky City Court within the time limit established for filing a cassation appeal or objections to the presentation or complaints of other persons.
Judge /N.M. Pogodina/
Judicial practice under Article 247 of the Criminal Code of the Russian Federation
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated December 6, 2018 N 4-APU18-42 On
July 25, 2022, the Deputy Prosecutor General of the Russian Federation issued a resolution to satisfy the request of the General Prosecutor's Office of the Republic of Tajikistan to extradite Tursinaliev Abdurasul, ... to the Republic of Tajikistan for prosecution criminal liability for fraud on an especially large scale under paragraph “b” of Part 4 of Art. 247 of the Criminal Code of the Republic of Tajikistan and forgery of an official document under Part 1 of Art. 340 of the Criminal Code of the Republic of Tajikistan.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated November 21, 2018 N 53-APU18-13
law enforcement agencies of the Republic of Tajikistan to bring to criminal liability for fraud under paragraph “b” of Part 4 of Art. 247 of the Criminal Code of the Republic of Tajikistan. Having heard the report of judge Vedernikova O.N., the speeches of Nurov S.S. and defense attorney P.S. Tedeev, who supported the arguments of the complaint, the opinion of the prosecutor of the General Prosecutor's Office of the Russian Federation A.A. Modestova. on leaving the decision unchanged, Judicial Collegium
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated October 15, 2019 No. 5-APU19-75
in the Republic of Tajikistan, Khodzhiev is accused of committing a crime under paragraph “a” of Part 3 of Art. 247 of the Criminal Code of the Republic of Tajikistan. By the resolution of the Deputy Prosecutor General of the Russian Federation G.B. Lopatin dated June 10, 2022, the request of the Prosecutor General’s Office of the Republic of Tajikistan for the extradition of F.Kh. Khodzhiev was satisfied. law enforcement agencies of the Republic of Tajikistan to bring to criminal liability for large-scale fraud.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated September 10, 2019 N 5-APU19-66
by a resolution of the Moscow City Court dated July 2, 2022, the complaint of M.G. Yulchiev was left unsatisfied. to the resolution of the Deputy Prosecutor General of the Russian Federation dated May 29, 2019 on his extradition to law enforcement agencies of the Republic of Tajikistan for criminal prosecution under paragraph “b” of Part 4 of Art. 247 (two crimes) and paragraph “b” of Part 2 of Art. 340 (2 crimes) of the Criminal Code of the Republic of Tajikistan, the rest of the request was refused.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated November 13, 2018 N 5-APU18-77
competent authorities of the Republic of Tajikistan for criminal prosecution under clause “b”, part 4 of art. 247 of the Criminal Code of the Republic of Tajikistan, and the complaint of T.N. Khuzhaev The prosecutor's decision was left unsatisfied. In his appeal, Khuzhaev does not agree with the decision of the Deputy Prosecutor General of the Russian Federation to extradite him, believes that the extradition check was carried out superficially, points to his innocence in committing a crime and the inconsistency in the decisions on bringing him as an accused, on his arrest and the prosecutor’s request for extradition to indicating the amount of damage caused.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated February 27, 2019 N 18-APU19-3
law enforcement agencies of the Republic of Tajikistan to bring to criminal liability for fraud under paragraph “b” of Part 4 of Art. 247 of the Criminal Code of the Republic of Tajikistan. Having heard the report of the judge of the Supreme Court of the Russian Federation O.N. Vedernikova, who outlined the content of the decision and the essence of the appeal, the speech of the defense lawyer V.S. Burmistrov, who supported the arguments of the complaint, the objection of the prosecutor of the General Prosecutor's Office of the Russian Federation L.A. Kurochkina, who believed that the decision should be left unchanged , Judicial Collegium
Cassation ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated May 25, 2021 N 78-UD21-12-K3
If the circumstances specified in Part 5 of Art. 247 of the Criminal Code of the Russian Federation, a sentence or ruling passed in absentia, at the request of the convicted person or his defense attorney, is canceled in the manner prescribed by Chapter 48 of the Criminal Procedure Code of the Russian Federation. In such a case, the trial is carried out as usual.
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).
Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated January 18, 2022 N 80-UD21-10-K6
If the circumstances specified in Part 5 of Art. 247 of the Criminal Code of the Russian Federation, a sentence or ruling passed in absentia, at the request of the convicted person or his defense attorney, is canceled in the manner prescribed by Chapter. 48 Code of Criminal Procedure of the Russian Federation. In such a case, the trial is carried out as usual.
Resolution of the Plenum of the Supreme Court of the Russian Federation dated October 31, 2017 N 41
"6. When deciding whether a person’s actions contain signs of a crime under Article 247 of the Criminal Code of the Russian Federation, courts should proceed from the provisions of both Federal Law No. 89-FZ of June 24, 1998 “On Production and Consumption Waste” and other federal laws ( for example, Federal Laws of November 21, 1995 N 170-FZ “On the Use of Atomic Energy”, dated July 11, 2011 N 190-FZ “On the Management of Radioactive Waste and on Amendments to Certain Legislative Acts of the Russian Federation”).
