Criminal law assessment of violations of labor protection requirements, taking into account the results of victimological analysis

The article presents the results of abscientifi c study, the relevance of which lies in the diffi culties of legal assessment of the facts of occupational injuries. In situations where an employee has suffered serious injury or death, abcriminal law assessment of such an incident is required under Articles 143, 216 or 217 of the Criminal Code of the Russian Federation. Due to the similarity of these norms and the limited volume of the publication, attention is paid to the problem of qualifying abcrime under Article 143 of the Criminal Code of the Russian Federation, due to the peculiarities of the relationship between an employer and an employee. The employer must create safe conditions for the employee to work, and the employee must comply with labor protection requirements. However, the analysis of statistical data on the number of industrial accidents indicates that the subjects of labor relations have not fulfi lled these obligations. The Plenum of the Supreme Court of the Russian Federation recommends that when assessing industrial accidents, the criminological aspect should be taken into account - the role of the person injured in the accident. An analysis of law enforcement practice materials shows that this fact is often ignored. The relevant precedents are given in the descriptive part of the study. They illustrate the need for abthorough study of the victim’s personality, behavior, professional skills, discipline, satisfaction with their work, as well as their physical and psychological state at the time of the incident. The article makes recommendations to assess whether an employee is abvictim of abreckless crime or his own reckless and dangerous behavior.