PROBLEMS OF ESTABLISHING A CAUSAL RELATIONSHIP IN THE INVESTIGATION OF CRIMES UNDER ARTICLE 219 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
Rubrics: CRIMINAL LEGAL SCIENCES
Authors:
1.
Academy of the State Fire Service of the Ministry of Emergency Situations of Russia
Russian Federation
Russian Federation
2.
Academy of the State Fire Service of the Ministry of Emergency Situations of Russia
Russian Federation
Russian Federation
3.
Akademiya Gosudarstvennoy protivopozharnoy sluzhby MChS Rossii
Type:
Article
Pages:
from 74
to 80
Status:
Subject area:
VAK Russia 5.1.4
UDC 34
UDC 34
Language:
Russian
Keywords:
tactical and forensic methodology, cause-and-effect relationship, fire and technical expertise, violation of mandatory fire safety requirements
Abstract:
Topic. One of the current problems in the investigation of crimes under Article 219 of the Criminal Code of the Russian Federation "Violation of Fire Safety Requirements" is the problem of establishing a causal relationship between violations of fire safety requirements and the harm caused to people's lives and health. Currently, the investigation does not always take into account the fact that this causal relationship can be complex and indirect, and the consequences are often determined by the circumstances of the occurrence and development of each specific fire and the effectiveness of fire safety requirements. The purpose of this article is to examine the problems of investigating crimes under Article 219 of the Criminal Code of the Russian Federation in terms of determining the nature of the causal relationship between violations of fire safety requirements and the harm caused to people's lives and health during a fire. Research methods. The study was based on the methods of system analysis, information synthesis, expert analysis, cause-and-effect analysis, sociological analysis, forensic analysis, and situational analysis. Results. The study revealed that it is necessary to update the tactical and forensic methodology for investigating crimes under Article 219 of the Criminal Code of the Russian Federation. When making procedural decisions, investigators (investing officers) should take into account and establish important aspects that affect the degree of risk of causing harm and relate to the validity of mandatory fire safety requirements, violations of which can lead to dangerous consequences of a fire. The scope of the results. The results obtained will supplement the forensic methodology for investigating crimes under Article 219 of the Criminal Code of the Russian Federation by identifying a number of important aspects of the impact of violations of mandatory fire safety requirements on the socially dangerous consequences of a fire. Conclusions. The analysis conducted in this article will undoubtedly contribute to improving the objectivity and comprehensiveness of the procedural assessment of each individual case and the collected evidence, and as a result, to improving the level of legality, objectivity, and quality of the examinations conducted in this category of criminal cases, as well as the decisions made by the preliminary investigation bodies.
Topic. One of the current problems in the investigation of crimes under Article 219 of the Criminal Code of the Russian Federation "Violation of Fire Safety Requirements" is the problem of establishing a causal relationship between violations of fire safety requirements and the harm caused to people's lives and health. Currently, the investigation does not always take into account the fact that this causal relationship can be complex and indirect, and the consequences are often determined by the circumstances of the occurrence and development of each specific fire and the effectiveness of fire safety requirements. The purpose of this article is to examine the problems of investigating crimes under Article 219 of the Criminal Code of the Russian Federation in terms of determining the nature of the causal relationship between violations of fire safety requirements and the harm caused to people's lives and health during a fire. Research methods. The study was based on the methods of system analysis, information synthesis, expert analysis, cause-and-effect analysis, sociological analysis, forensic analysis, and situational analysis. Results. The study revealed that it is necessary to update the tactical and forensic methodology for investigating crimes under Article 219 of the Criminal Code of the Russian Federation. When making procedural decisions, investigators (investing officers) should take into account and establish important aspects that affect the degree of risk of causing harm and relate to the validity of mandatory fire safety requirements, violations of which can lead to dangerous consequences of a fire. The scope of the results. The results obtained will supplement the forensic methodology for investigating crimes under Article 219 of the Criminal Code of the Russian Federation by identifying a number of important aspects of the impact of violations of mandatory fire safety requirements on the socially dangerous consequences of a fire. Conclusions. The analysis conducted in this article will undoubtedly contribute to improving the objectivity and comprehensiveness of the procedural assessment of each individual case and the collected evidence, and as a result, to improving the level of legality, objectivity, and quality of the examinations conducted in this category of criminal cases, as well as the decisions made by the preliminary investigation bodies.
Keywords:
tactical and forensic methodology, cause-and-effect relationship, fire and technical expertise, violation of mandatory fire safety requirements
tactical and forensic methodology, cause-and-effect relationship, fire and technical expertise, violation of mandatory fire safety requirements
