In this paper, the issues of qualification of criminal safety violations at coal mining enterprises are discussed in detail. Firstly, a number of articles of the Criminal Code of the Russian Federation for qualification of these acts are defined. The differences between articles 143 and 216 of the Criminal Code of the Russian Federation with the analysis of a concrete example from judicial practice are considered. A similar procedure is carried out in the course of qualifying safety violations at coal mining enterprises under article 217 of the Criminal Code. In this work, the authors do not try to justify the need to decriminalize any articles of the Criminal Code of the Russian Federation, but try to work with the existing legislative framework so that the qualification rules formulated in the work can be used in practice. Also the authors formulate rules for the qualifications of the violations considered in this paper and propose amendments to the Criminal Code that do not require any “revolutionary” changes. A special difficulty is that there are no scientific recommendations on the qualification of criminal safety violations at coal mining enterprises.
Abstract. The article is devoted to the crucial issue of the interpersonal communication skills of engineering graduates and studies the verbal behavior of the graduates majoring in mining engineering in conflict professional communication considered in a cross-cultural aspect. The research is based on the needs that future mining engineers have for conducting successful communication, work in teams and run an effective discourse both verbally and in writing. Verbal communication involves a strategic process by which a speaker defines the language resources for its implementation. By choosing a strategy which should contribute to the goals and objectives of the interaction a speaker makes the process of communication either successful or leading to a communicative failure. The scientific importance of this work is in multidiscipline approach and cross-cultural study of ethnic and cultural influences, gender and other characteristics of the verbal behavior of Russian and American engineering graduates.
Abstract. The legal side of subsoil use is one of the cornerstones of creating conditions for the transition to sustainable development. The will of the state -the guarantor of taking environmental measures should be implemented in the relevant legislative acts. The authors consider the main directions of legal regulation of the coal mining process in the territory of Russia. Basic legal documents regulating relations in the sphere of subsoil use of the Russian Federation are considered, problems of legislation on subsoil, water resources and land use are identified, and the main directions for its improvement are outlined. Also, a comparative analysis of the legal documents of the Russian Federation in this area is provided, that shows the obvious shortcomings of this issue from the point of view of the legislation.
In the article, from the standpoint of a systematic approach, the forensic characterization of safety rules criminal violations during mining operations is analyzed. That is the basic element which determines the content and algorithm of uncovering of crimes, the investigation and trial of a criminal case. The subject (the identity of offender) is its central, basic element. It is noted that the element of subject (the identity of offender) is the most informative when investigating criminal violations of safety rules during mining operations. It is based on his study in the unity and interrelation of the following aspects: official position, social and psychological properties and personality traits and victimization behavior of the criminal offence victims and third parties. The situation of a crime (the second element of forensic characterization) is structured according to the circumstances that characterize pre-, criminal, and post-criminal state of outward things; three interrelated and interdependent are pointed out. The complex combination of the levels and edges of each selected elements of a cognizable object, due to the specifics of the crime in question, also determines the peculiarities of investigative actions and search activities at the initial stage of the investigation of safety rules criminal violations during mining operations. The article proposes recommendations to overcome the objective difficulties encountered in the investigation of criminal violations of safety rules during mining operations.
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