VIOLATION OF SAFETY RULES AT CONSTRUCTION SITES: CRIMI-NAL-PROCEDURAL AND CRIMINALISTIC ASPECTS OF INVESTIGA-TION

Abstract

The article presents an analysis of the various aspects related to the investigation of criminal offences under Article 277 of the Criminal Code of the Republic of Kazakhstan. This article focuses on the construction sector and provides an in-depth examination of the liability provisions set forth in Article 277 for violations of safety rules in mining and construction works. The study demonstrated a notable surge in the incidence of the analysed offences, coinciding with an increase in accidents in the construction industry at the national level and a concomitant reduction in the preventive influence on these processes. It is evident that pre-trial investigation bodies and courts encounter considerable challenges in investigating torts perpetrated in the context of hazardous work. In light of this, the authors endeavour to delineate measures to enhance the investigative techniques employed in such cases, with a particular emphasis on the comprehensive ascertainment and substantiation of the circumstances surrounding the offence in question. The paper provides a comprehensive examination of the most typical violations of the rules of safe conduct of construction works. It also addresses the characterisation of the subject, issues of guilt, motivation and other equally important matters from the perspective of criminal procedure and criminalistics. Additionally, it considers the problems of qualification of construction accidents. Furthermore, the authors examined the investigative and judicial practice concerning cases of violation of safety rules during construction works, as well as the archival materials of criminal cases. Based on the conducted research, the authors conclude that it is necessary to modify the current wording of Article 277 of the Criminal Code of the Republic of Kazakhstan, suggest certain measures to optimise the list of normative legal acts regulating occupational safety in the field of construction, and improve certain stages of investigation of this crime.