Publication date: 30.05.2024
Legal Regulation of Liability for Industrial Accidents and Disasters
Introduction
Industrial accidents and disasters can have serious consequences for human health, the environment and the economy. In Ukraine, the legislation on liability for such incidents is aimed at preventing accidents, minimizing their consequences and ensuring the liability of those responsible. This includes administrative, criminal and civil liability.
Key Legislative Acts
The Constitution of Ukraine
The Constitution of Ukraine enshrines the fundamental rights of citizens to safe working conditions and protection from environmental disasters:
- Article 50: Everyone has the right to an environment safe for life and health and to compensation for damage caused by a violation of this right.
Labor Code of Ukraine
The Labor Code regulates labor protection and employers' responsibility for creating safe working conditions:
- Article 153: The employer is obliged to provide safe and harmless working conditions.
- Article 173: Establishes the employer's liability for violation of labor protection requirements that led to an industrial accident or incident. You may be interested in the following articles: legal advice, legal advice, legal analysis of documents, legal analysis of the situation, written advice, verification of documents by a lawyer, lawyers documents, online legal assistance, online lawyer, legal opinion, legal opinion of a lawyer, lawyer online.
The Law of Ukraine "On Labor Protection"
This law defines the general principles of labor protection and liability for their violation:
- Article 4: Establishes the obligations of employers to create safe working conditions.
- Article 44: Defines liability for violations of labor protection legislation, including administrative and criminal sanctions.
The Law of Ukraine "On Civil Defense"
This law regulates measures to prevent and eliminate the consequences of emergencies, including industrial accidents:
- Article 5: Establishes the obligations of enterprises to prepare for emergencies.
- Article 16: Defines liability for failure to implement civil defense measures.
Types of Liability
Administrative Responsibility
Administrative liability for violations of occupational health and safety rules is established by the Code of Ukraine on Administrative Offenses (CAO):
- Article 41: Establishes fines for violation of labor protection requirements.
- Article 188-4: Defines liability for failure to comply with the orders of the state labor protection supervision bodies.
Criminal Liability
Criminal liability for industrial accidents and disasters is regulated by the Criminal Code of Ukraine:
- Article 271: Violation of the requirements of labor protection legislation resulting in an accident or other serious consequences.
- Article 272: Violation of safety rules during the performance of work with increased danger.
Civil Liability
Civil liability arises for damage caused by industrial accidents:
- The Civil Code of Ukraine: Establishes the obligation to compensate for damage caused to life, health or property of third parties.
- Article 1166: Defines general provisions on compensation for property and non-pecuniary damage.
