of September 28, 2005 No. 8
About court practice on cases on abuse of regulations of safety in case of works, industrial safety rules and requirements of fire safety (the Art. of Art. 302-306 of the Criminal code of the Republic of Belarus)
Having discussed practice of application by courts of the legislation on the criminal cases connected with abuse of regulations of safety in case of works, industrial safety rules and requirements of fire safety, the Plenum of the Supreme Court of the Republic of Belarus DECIDES:
1. Draw the attention of courts that public danger of the crimes connected with abuses of regulations of technological discipline, safety rules in case of production of certain work type, industrial safety rules and requirements of fire safety consists in creation of real threat of life or to health of the person, in approach of essential material damage or other heavy effects. Therefore hearing of cases about such crimes in strict accordance with the law shall promote accident prevention and industrial traumatism, to strengthening of labor and performing discipline, providing procedure and organization in case of performance of works.
2. Courts should mean that the responsibility basis according to the Art. of Art. 302-306 of the Criminal code of the Republic of Belarus (further – UK) is approach of socially dangerous effects specified in dispositions of these Articles. At the same time condition of approach of responsibility on p.1 Art. 302 of UK on the basis of threat of explosion is such abuse of regulations of technological discipline, safety rules at the explosive companies, in explosive workshops or safety rules of explosive works which created real threat of explosion, but the specified effect did not come only thanks to combination of circumstances or as a result of timely taken measures for prevention of explosion.
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