A round table on the topic : "Criminal law and criminological measures to ensure safety during mining or construction work"

For 6 months of the current year, the occupational injury rate (accident rate per 1,000 employees) was 0.09. The highest level of injuries remains in the industrial zones of the republic. Thus, 79 people were injured in Karaganda region, East Kazakhstan region - 53 people, Abai region -50 people, Pavlodar region – 46 people, Kostanay region – 44 people, Aktobe region – 40 people, Almaty – 50 people. The most affected sectors of the economy are in the mining and metallurgical complex industry - 21.8% and in the construction sector – 10.6%. The main causes of accidents are: gross negligence of the victim himself (33.3%); improper organization of work at work (27.1%); violation of safety and labor protection rules (9.3%). In order to prevent violations, 3,211 enterprises in the country have implemented occupational safety and health standards. The current state of industrial safety in the country's economy as a whole is characterized by a high level of accidents and industrial injuries, due to both general negative trends and the technological specifics of individual sectors of the economy. As M.M. Dmitriev notes, such a state of industrial safety implies strengthening the complex legal and organizational impact, including by increasing the effectiveness of investigating crimes related to violations of safety rules during mining operations (Article 277 of the Criminal Code of the Republic of Kazakhstan). As the investigative and judicial practice shows, during the investigation of crimes of this type, difficulties arise when initiating a criminal case, qualifying what was done, determining the range of circumstances to be established, conducting investigative actions, etc. As emphasized by the Prosecutor General of the Republic of Kazakhstan B. Asylov, tragedies are caused by improper attitude to the safety of employees, insufficient legal regulation and state control.

The range of administrative sanctions for violations of workers' labor rights (from a warning to a fine of no more than 500 thousand tenge) is insignificant for large business entities, therefore, the methods of their discipline do not work. Based on the high relevance of the problem, on December 5, 2023, a round table was held at the Department of Criminal Law, Criminal Procedure and Criminalistics, within the framework of SDG 16, dedicated to the 90th anniversary of al-Farabi Kazakh National University, which discussed criminal law, criminological and criminalistic problems of combating violations of safety rules in mining or construction works. With a report on the topic: "Criminal law and criminological measures to ensure safety in the conduct of mining or construction work" was made by senior researcher at the Karaganda University of Kazpotrebsoyuz Abiev E.S. The purpose of the round table is to give a legal analysis of Article 277 of the Criminal Code of the Republic of Kazakhstan and to determine the legal criteria for the correct qualification of this criminal offense, as well as to identify specific signs of crimes related to violations of safety rules during mining operations, and on this basis to develop theoretical provisions and practical recommendations designed to optimize the investigation of such crimes.