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Art. 263 of the Criminal Code: composition description

The current legislation establishes criminal liability for non-compliance with safety rules when operating air, inland waterway, railway transport, as well as the subway by an entity obliged to comply with them in view of the position held by him. Punishment establishes Art. 263 of the Criminal Code. Read the comments below. Article 263 UK

Public danger

Act foreseen Art. 263 of the Criminal Code, encroaches on the rules of operation and movement of all types of transport, with the exception of cars, as well as the subway. An additional object is the life and health of the population, environmental safety and property.

Safety during operation and movement should be considered the state of security of the process of movement and use of the modes of transport specified in the norm. Compliance with the rules is aimed at preventing the likelihood of accidents and their consequences, expressed in the form of harm to life, human health, damage to nature, property.

Thing

It is transport. In art. 263 CC Among the main types of vehicles, railway transport is indicated. This category includes freight and passenger cars, locomotives, rolling stock and other trains designed for transportation and the functioning of railway infrastructure. st 263 uk rf

By air transport include helicopters, aircraft, other devices and equipment that are used to move through the air.

By sea transport include submarine, surface ships. Inland watercraft are vessels intended for navigation, including those of a mixed type.

Metro called rolling stock, which is used for underground passenger traffic.

Objective aspect

Crime on Art. 263 CC can be done in many ways. Violation of the rules, in particular, is expressed in a derogation from maintenance requirements for mechanisms and components that ensure safety during vehicle movement, access to control of unauthorized entities, failure to take measures to ensure safe disembarkation / embarkation of passengers, unloading / loading of goods.

Denial of Compliance

In the first part Art. 263 CC responsibility is fixed not only for non-compliance with the rules, but also for the intentional refusal to comply with them in cases where it is prohibited by law. In this case, we are talking about the unlawful performance of official duties enshrined in an employment agreement or in additions to it (job description, for example).

The refusal is not directly related to violation of the rules, however, it falls under Art. 263 CCif it creates a threat of dangerous consequences. For example, employees went on strike, which created a threat to the security and defense of the country, life / health of the population. st 263 jk comment

Subjective aspect

Only an employee of the type of transport specified in Section 263 of the article may be held liable, on which duties are entrusted with ensuring the safe movement and operation of the vehicle. In particular, a citizen who directly drives a vehicle (ship captain, engineer, helmsman, etc.) may act as a subject of a crime. An entity may also be held liable, the competence of which includes the organization of the operation of the vehicle (head of the enterprise, dispatcher, etc.).


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