of June 12, 2009 No. 7
About practice of application by courts of Ukraine of the legislation in cases on crimes against safety of production
According to article 43 of the Constitution of Ukraine everyone has the right to proper, safe and healthy working conditions, and according to article 4 of the Law of Ukraine of October 14, 1992 N 2694-XII "About labor protection" (in edition of the Law of November 21, 2002 N 229-IV) priority of life and health of workers, the complete employer's liability for creation of proper, safe and healthy working conditions is one of the basic principles of state policy in the field of labor protection.
Generalization of court practice in cases on crimes against safety of production showed that in case of the solution of cases of this category courts generally correctly apply the current legislation.
At the same time by consideration of such cases courts not always provide complete and comprehensive investigation of circumstances of making of the specified crimes. Courts still make mistakes in case of qualification of actions of perpetrators, and also in case of purpose of punishment by it. The reasons of crimes against safety of production and condition which promoted their making are not always established, and also the measures provided by the law are not applied to full recovery of the loss caused by these crimes.
For the purpose of ensuring identical application by courts of the legislation in cases of the specified category Plenum of the Supreme Court of Ukraine DECIDES to make to courts such explanations:
1. In cases on crimes against safety of production courts need to increase insistence to quality of pretrial investigation all measures provided by the law to comprehensive, complete and objective investigation of all facts of the case, establishment of causal relationship between the allowed violations of requirements of the legislation on labor protection and effects which came were taken or could come. After everyone case should find out the circumstances connected with causing the harm done by crime and in the procedure established by the law to resolve issue of its compensation.
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