To the question of half qualification health and death when providing municipal services and performance of municipal works

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The article analyzes the rules for qualifying crimes related to improper performance of duties by persons providing (performing) utilities (work). The issues of qualification of crimes of this type are slightly developed in the literature. Failure to comply with safety requirements in the field of housing and communal services can create a danger to the life and health of both residents and casual passers-by. Very often, violations in the housing sector, leading to injuries and deaths, are associated with the performance of work on cleaning the roof of buildings from snow and ice. When qualifying crimes in the housing and communal services sector, difficulties arise in identifying persons subject to criminal liability and in establishing the form of guilt, which should be in a particular case, for the existence of an appropriate corpus delicti. The article analyzes the judicial practice of the application of the Criminal Code of the Russian Federation of 1996 in qualifying injury to health and death as a result of snow (ice) falling off the roof and ice in different regions of the Russian Federation, discusses problematic and controversial aspects of the qualification of these crimes, including those related to competition art. Art. 109, 118 and 238 of the Criminal Code.

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Health damage through negligence, death through negligence, safety requirements, public works, roof cleaning

Короткий адрес: https://sciup.org/142223452

IDR: 142223452   |   DOI: 10.17513/vaael.1027

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