Article 215.3. Unauthorized connection to oil pipelines, oil product pipelines and gas pipelines or rendering them unusable

ST 215.3 of the Criminal Code of the Russian Federation.

1. Unauthorized connection to oil pipelines, oil product pipelines and gas pipelines, committed by a person subjected to administrative punishment for a similar act -

shall be punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a term of up to three hundred sixty hours, or by corrective labor for a term of up to one year, or by restriction of liberty for a term of up to two years. , or forced labor for a term of up to two years, or imprisonment for a term of up to two years.

2. The act provided for in the first part of this article, committed in relation to main pipelines, -

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 compulsory labor for a term of up to four hundred hours, or by corrective labor for a term of up to two years, or by restriction of liberty for a term of up to three years, or forced labor for a term of up to three years, or imprisonment for a term of up to four years.

3. Destruction, damage or otherwise rendering unsuitable for operation condition of oil pipelines, oil product pipelines, gas pipelines, as well as technologically related objects, structures, communications, automation, alarm systems, which resulted or could lead to disruption of their normal operation and were committed from selfish or hooligan motives, -

shall be punishable by a fine in the amount of four hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of seven months to one year, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by forced labor. labor for a term of up to five years, or imprisonment for the same period.

4. The acts provided for in part three of this article, committed:

a) by a group of persons by prior conspiracy;

b) in relation to main pipelines, -

shall be punishable by forced labor for a term of up to five years or imprisonment for a term of up to six years.

5. Acts provided for in parts one through four of this article, which through negligence resulted in the death of a person or other grave consequences, -

shall be punishable by forced labor for a term of up to five years or imprisonment for a term of up to eight years.

Commentary to Art. 215.3 of the Criminal Code

1. The subject of the crime (in part 1) is oil pipelines, oil product pipelines, gas pipelines, as well as technologically related objects, structures, communications, automation, alarm systems, and in paragraph “b” of part 2 - main pipelines.

2. The objective side is characterized by alternatively provided actions: a) destruction; b) damage; c) otherwise rendering the relevant objects unusable for operation (for example, by unauthorized tapping into a pipeline).

3. The crime is completed either at the moment of the onset of a socially dangerous consequence in the form of disruption of the normal operation of the relevant objects (material composition), or at the moment of creating a real threat of such a consequence (material composition of a real danger).

4. Theft of oil, petroleum products or gas through unauthorized tapping into a pipeline should be qualified under the totality of Art. 215.3 of the Criminal Code with the relevant provisions of Ch. 21 CC.

5. The subjective side is characterized by direct intent and alternatively provided motives: selfish or hooligan motives.

What can a lawyer offer?

No lawyer gives a guarantee of winning a case, and this is considered normal among professional lawyers. However, every potential client wants to receive quality legal services. In St. Petersburg, K.S. Aleksandrov is engaged in the defense of charges under Article 215.3 of the Criminal Code of the Russian Federation. This is a fairly well-known practicing lawyer, a member of the Leningrad Regional Chamber of Lawyers. He specializes in such crimes, so he will always offer his clients the most rational way out of any situation.

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Second commentary to Art. 215.3 of the Criminal Code of the Russian Federation

1. The commented article describes two independent elements of the crime.

The subject of crimes are oil pipelines, oil product pipelines, gas pipelines, as well as technologically related objects, structures, communications, automation, alarms, or main pipelines.

2. The objective side of the first crime is characterized by unauthorized connection to oil pipelines, oil product pipelines and gas pipelines (Part 1), as well as to main pipelines (Part 2). Connection without proper permission should be considered unauthorized.

The crime is considered completed from the moment the act is committed. If consequences occur in the form of carelessly causing the death of a person or other serious consequences (for example, causing serious harm to health, environmental pollution, etc.), then the act is qualified under Part 5 of Art. 215.3 CC.

3. The objective side of the second crime (Part 3) covers three alternatively specified actions:

1) destruction;

2) damage;

3) otherwise rendering oil pipelines, oil product pipelines, gas pipelines, as well as technologically related objects, structures, communications, automation, alarm systems unusable for operation (power outage, cessation of water supply in the water cooling system of electric motors of main pumping units, etc.); P.).

Destruction is the bringing of objects into a state that does not allow them to be used for their intended purpose. Damage is considered to be such a negative change in these objects, as a result of which they are partially deprived of the ability to be used in accordance with their intended purpose. Other methods of rendering life support facilities unusable may not violate the physical integrity of the facility, but make it unavailable for use for its intended purpose: creating obstacles to access to these facilities, littering the water in the water intake area, etc.

The crime is considered completed either from the moment the consequences actually occur in the form of disruption of the normal operation of the relevant facility, or from the moment a real danger of such a consequence is created.

Criminal liability for committing a crime set out in Part 3 of Art. 215.3, is amplified if it was committed by a group of persons by prior conspiracy (clause “a”, part 4), in relation to main pipelines (clause “b”, part 4) or resulted in the death of a person through negligence or other grave consequences ( part 5).

4. Disruption of the normal operation of the pipeline through unauthorized tapping into it, associated with the theft of crude oil, petroleum products or gas, must be qualified under the totality of Art. 215.3 and clause “b”, part 3, art. 158 of the Criminal Code.

5. The subjective side presupposes direct intent. Motive is a mandatory sign of the subjective side for the second crime (parts 3, 4); in the law it is indicated alternatively - selfish or hooligan.

6. The subject of the crime is a person who has reached the age of 16 years. For the first crime (parts 1 and 2), it must, in addition, be punished for committing an administrative offense under Art. 7.19 Code of Administrative Offenses of the Russian Federation. A person is considered subject to this punishment from the date the resolution imposing an administrative penalty comes into force and until the expiration of one year from the date of completion of execution of this resolution (Article 4.6 of the Code of Administrative Offenses of the Russian Federation).

General information

Any inaccuracies in calculations or deviations from the design made during construction, along with deviations from operating technology, can lead to negative consequences, as a result of which a large number of people will die, and a huge area will be uninhabitable for many decades. It is precisely because of such consequences that it is unacceptable to carry out any actions that could cause an incident at facilities where radioactive materials are available.

The degree of responsibility of everyone who conceives, implements and operates objects on which sources of ionizing and radioactive radiation are present in one form or another is extremely high, which is confirmed by the corresponding norm of criminal liability declared by Article 215 of the Criminal Code of the Russian Federation.

The concept of atrocity and relevant norms

The disposition of Article 215 of the Criminal Code of the Russian Federation includes any actions committed during:

1. The selection and approval of the location of a facility related to nuclear energy contradicts common sense with regard to ensuring the safety of the civilian population, the placement of settlements in the immediate vicinity of which is unacceptable.
2. Design and consisting in deviation from the standards regulated to ensure safety, due to the need to bring into compliance with the existing input parameters in the form of characteristics of radioactive elements or significant energy flows.
3. Construction of facilities related to nuclear energy with a deliberate violation of the design parameters laid down in the project, regardless of the purpose that was pursued.
4. Direct operation, including compliance with:
   operating standards for the reactor or related systems;
5. safe conservation and storage of radioactive radiation sources;
6. rules for installation into the working position and movements accompanying the procedure;
7. any other actions capable of releasing radioactive energy in the interval from the commissioning of an object to its neutralization or disposal.

Legal validity

The legal justification for introducing strict measures for non-compliance with the required safety measures is obvious, since the consequence of such behavior could be another man-made accident that will claim the lives of many people and turn an area within a radius of several kilometers into an exclusion zone. Chernobyl and Fukushima, as examples of such incidents, clearly demonstrate the legality and necessity of legal intimidation of all civilians and officials whose actions could trigger such consequences.

That is why, when working with such processes, it is important to follow the rules of radiation safety during the operation of nuclear power plants, nuclear safety of reactor facilities and other important standards in this area. Next we will consider the corpus delicti under Art. 215 of the Criminal Code of the Russian Federation.

Composition of the crime and its qualifications

The set of actions necessary for the possibility of imputation of criminal liability under Article 215 of the Criminal Code of the Russian Federation can be performed by any subject who:

• reached his 16th birthday;
• was involved in a facility using atomic energy in any form;
• committed any action or inaction that could cause at least one death or environmental disaster.

In order to classify an act committed at a stationary or mobile facility using a nuclear energy source as criminal, it is sufficient to state the commission of an act or failure to comply with a mandatory prescribed procedure, which can actually lead to negative consequences.

This blanket form of the crime is justified by the fact that it was introduced precisely to prevent such actions or inaction, so that any person who, due to circumstances, was involved in a source of radioactive radiation, was aware of his responsibility.

An action can be recognized as criminal not only in relation to responsible officials, but also any individual involved in making decisions or committing actions that could lead to negative consequences at objects, which could be:

• nuclear power plants;
• any vehicles, including ships, submarines, etc., driven by a nuclear reactor;
• storage facilities for penetrating radiation sources, used, for example, as level gauges for sealed pressure vessels;
• testing grounds, devices and installations equipped with radiation sources for official purposes.

Kinds

Life cycle stages

Types of criminal acts at nuclear energy facilities can be distinguished based on the stage of their life cycle, that is:

• incorrect placement , which caused poisoning of running water resources and the population;
• design flaw , which can lead to the construction of an object with a structural defect, the development of which is fraught with radiation leakage;
• construction defectconsisting of deviation from the requirements of drawings and calculations during the construction of monolithic protective and enclosing structures, or during the installation of equipment and communications;
• operational error , which is incorrect actions that can initiate an uncontrolled decomposition reaction, accompanied by an excess of the permissible background or the release of radiation;
• improper storage and/or transportation , which consists of inappropriate organization of logistics operations, which can provoke depressurization of sources and injury or death of people.

Subjects

Subjective execution of actions at nuclear energy facilities allows us to divide crimes into those committed:

• responsible official;
• service personnel who do not have personalized responsibility;
• by a third party who accidentally found himself in the zone of access to the control of an object or entered it intentionally.

It is important to know! In addition to Article 215, there is also Art. 215.1, 215.2, 215.3, 215.4 of the Criminal Code of the Russian Federation on rendering life support facilities unusable, stopping or limiting the supply of electrical energy or disconnecting from other sources of life support, rendering oil pipelines, oil product pipelines and gas pipelines unusable, illegal entry into a protected facility. These articles do not apply to 215 and the crime we are considering.

Punishment and responsibility

The liability declared by Part 1 of Article 215 of the Criminal Code of the Russian Federation occurs when performing manipulations or inaction that could lead to a single fatal outcome or cause environmental harm, and can be selected from:

• a fine in the amount of up to 200 thousand rubles, or a comparable share of personal income received over the next year and a half;
• restrictions on subjective freedoms, including movement and change of residence over the next three years, no more;
• forced socially useful service, or alienation from the outside world for no more than three years, after which the impossibility of holding certain positions or carrying out specific activities may be additionally imposed.

If the actions committed became the cause of an incident that led to the death of one person, or an increase in background radiation above acceptable levels for people, then Part 2 of Article 215 of the Criminal Code of the Russian Federation is applied, which allows the perpetrator to be charged with:

• forced labor lasting no more than 5 years;
• isolation from the outside world for up to five years.

It is important to know:

• Both sanctions may be supplemented by disqualification for specific positions or types of activities, the duration of which cannot exceed 3 years.
• Mass deaths, ascertained when there are two or more deaths, fall under the disposition of Part 3 of Article 215 of the Criminal Code of the Russian Federation, which maintains forced labor at the level of the second part and tightens imprisonment for two years, allowing a maximum period of isolation of 7 years.
• Additive punishment retains its content and duration at the level of parts 1 and 2 of Article 215 of the Criminal Code of the Russian Federation.