Principles of criminalization of administrative negligence in organizations

Negligence in organizations corresponds to main principles of criminalization.Besides being a sign of public danger, impossible to counteract by the existing norms of law, it is spread enough and is notindividual or universal. Bodies of criminal justice possess material and remedial possibilities to carry out criminal prosecution for fulfilmentof these acts. They have experience and skills of struggle against crimes from Ch. 23 of the Criminal Code of the Russian Federation.Revealing and investigation of negligent acts in organizations is not particularly difficult in cases of scale consequences or atrespass to the third parties, which are interested in overcoming their latent character. Negative consequences of this criminalization willnot exceed the positive ones. Positive consequences will make real restoration of social justice by bringing the guilty to responsibilityfor fulfilment of socially dangerous acts, which remain unpunished today. Fears of unreasonable intervention of law enforcement bodiesin the activity of businessmen are connected with application of rules of law on economic crimes, instead of crimes at official services torelations between them. Negligence in organizations concerns the latter. A competently formulated structure of the given crime will be aguarantee against abuses of governmental structures. Criminalization of negligence of managers in organizations corresponds to theConstitutional principles of equal protection of all forms of ownership, principles of judicial protection of the rights and freedom ofcitizens, and also the rights of victims of crimes. It is not directed at strengthening the atrocity of a criminal penalty, but at inevitabilityof responsibility for socially dangerous acts. Despite liberalization of the criminal legislation, establishment of such a criminal interdictionwill not contradict the general directions of the criminal policy as heads of the state are guided by humanization, as well as by anintention to give real protection of the rights and interests of victims of crimes, adequacy of criminal penalty to criminal conduct, restorationof equity by means of justice. Negligent acts of managers causing harm to life, health, large material damage, are publicly condemnedand generate adequate measures of criminal sanction in all cases. Major incidents of recent time entailing victims and destructionsupport the public mood, which does not accept negligence as such. Therefore, the level of sense of justice of the population allowstaking criminalization of negligence of managers in organizations for granted.

Keywords

Authors

References