15.34 of the Code of Administrative Offenses of the Russian Federation

ST 15.34 of the Code of Administrative Offenses of the Russian Federation

Concealment by the insured of the offensive insured event with compulsory social insurance against industrial accidents and occupational diseases -

entails overlapping administrative fine for citizens in the amount of three hundred to five hundred rubles, for officials in the amount of five hundred to one thousand rubles, for legal entities in the amount of five thousand to ten thousand rubles.

Commentary on Art. 15.34 of the Code of Administrative Offenses of the Russian Federation

1. In accordance with sub. 6 p. 2 art. 17 Federal law"On compulsory social insurance against industrial accidents and occupational diseases", the policyholder is obliged to notify the insurer about it within 24 hours from the date of the insured event.

The employer's obligations in the event of an accident are enshrined in Art. 228 of the Labor Code of the Russian Federation. The procedure for notification of accidents is defined in Art. 228.1 of the Labor Code of the Russian Federation. The duty in question is also enshrined in the Regulations on the investigation and accounting of occupational diseases, approved by the Decree of the Government of the Russian Federation of December 15, 2000 N 967.

2. The subjects of these offenses are policyholders - legal entities of any organizational and legal form, employing persons subject to mandatory social insurance from industrial accidents and occupational diseases. As well as legal entity its managers and other officials guilty of concealing the insured event are brought to administrative responsibility. Individual entrepreneurs who hire persons subject to compulsory social insurance against industrial accidents and occupational diseases are also subject to these offenses.

Official text:

Article 15.34. Concealment of an insured event

The concealment by the insured of the occurrence of an insured event in the event of compulsory social insurance against industrial accidents and occupational diseases - shall entail the imposition of an administrative fine on citizens in the amount of three hundred to five hundred rubles, on officials in the amount of five hundred to one thousand rubles, on legal entities in the amount of five thousand to ten thousand rubles.

Legal commentary:

According to the Federal Law of July 24, 1998 No. 125-FZ "On compulsory social insurance against industrial accidents and occupational diseases":

industrial accident - an event as a result of which the insured received an injury or other damage to health while fulfilling his obligations under an employment contract (contract) and in other cases established by Federal Law No. 125-FZ of July 24, 1998, both on the territory of the policyholder and outside of it or during the journey to the place of work or returning from the place of work on the transport provided by the insured, and which entailed the need to transfer the insured to another job, temporary or permanent loss of his professional ability to work or his death;

occupational disease - a chronic or acute illness of the insured, which is the result of exposure to a harmful (harmful) production (production) factor (factors) and entailed a temporary or permanent loss of his professional ability to work;

insured event - the fact of damage to the health of the insured as a result of an industrial accident or occupational disease, confirmed in accordance with the established procedure, which entails the occurrence of the obligation of the insurer to provide insurance coverage;

the insured is a legal entity of any organizational and legal form (including a foreign organization operating in the territory Russian Federation and employing citizens of the Russian Federation) or individual employing persons subject to compulsory social insurance against industrial accidents and occupational diseases.

According to Clause 1 of Article 5 of the said Federal Law, the following are subject to compulsory social insurance against industrial accidents and occupational diseases:

Individuals performing work on the basis employment contract(contract) concluded with the policyholder;

Individuals sentenced to imprisonment and involved in labor by the insured.

Individuals performing work on the basis of a civil law contract are subject to compulsory social insurance against industrial accidents and occupational diseases, if, in accordance with the said contract, the policyholder is obliged to pay insurance premiums to the insurer.

According to clause 2 of Article 17 of the said Federal Law, the policyholder is obliged to notify the insurer about it within 24 hours from the date of the insured event, i.e. to the executive body of the Social Insurance Fund of the Russian Federation (at the place of registration as an insured).

The form for reporting an insured event (an industrial accident, a group accident, a serious accident, a fatal accident, a newly diagnosed occupational disease) was approved by order of the Social Insurance Fund of the Russian Federation of August 24, 2000 No. 157.

The concealment by the insured of the occurrence of an insured event in the event of compulsory social insurance against industrial accidents and occupational diseases -

shall entail the imposition of an administrative fine on citizens in the amount of three hundred to five hundred rubles, on officials in the amount of five hundred to one thousand rubles, on legal entities in the amount of five thousand to ten thousand rubles.

Comments to Art. 15.34 Administrative Code of the Russian Federation

1. The administrative offense provided for by this article infringes on the right of a citizen to receive the necessary types of insurance coverage, as well as, to a certain extent, on his health and life; the right of relatives and family members of the insured to receive insurance benefits in the event of his death.

2. The object of the administrative offense provided for in this article is public relations in the field of compulsory social insurance against industrial accidents and occupational diseases.

These relations are regulated by the Labor Code of the Russian Federation (see Articles 227-231), Federal Laws of July 24, 1998 N 125-FZ "On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases" (as amended and supplemented .); of July 16, 1999 N 165-FZ "On the basics of compulsory social insurance" and of July 17, 1999 N 181-FZ "On the basics of labor protection in the Russian Federation" (as amended and supplemented). Separate norms concerning such relations are established by other federal laws (see article 22 of the Federal Law of November 24, 1995 N 181-FZ "On social protection Disabled Persons in the Russian Federation "(with amendments and additions.)). It should be borne in mind the Decree of the Government of the Russian Federation of December 15, 2000" On the approval of the Regulation on the investigation and registration of occupational diseases "(with amendments and additions.) and a number of others regulatory legal acts of the Russian Federation.

3. Legislation in this area discloses the content of a number of concepts related to the application of the commented article (insured event; industrial accident; occupational disease, acute occupational disease; chronic occupational disease).

4. The concealment of an insured event can be understood as: a) concealment, i.e. failure to provide information about him to the relevant competent authorities and organizations; b) the destruction of traces, other circumstances that may serve as evidence testifying to the fact of the occurrence of such an event. The objective side of this administrative offense can be expressed both in inaction and in actions aimed at non-fulfillment by the policyholder of the obligations established by law. Inaction consists in evading the obligation of the policyholder to inform the insurer, other bodies and organizations about the insured event within 24 hours (see clause 6, part 2, article 17 of the Federal Law "On compulsory social insurance against industrial accidents and occupational diseases") ...

In the event of a group accident at work, a serious accident, a fatal accident, the employer or a person authorized by him in the form established by the Ministry of Health and Social Development of Russia must also report to the state labor inspectorate; the prosecutor's office; executive body of the constituent entity of the Russian Federation; to the federal executive body according to departmental affiliation; territorial association of trade unions; territorial body of state supervision, and, if necessary, to other bodies and organizations. The named obligations of the insured, the procedure for investigating accidents at work are determined by the Labor Code of the Russian Federation (see Art. Art. 227-231).

5. The composition of the offense under consideration can be formed by: 1) the actions of the insured aimed at destroying the situation prevailing at the time of the occurrence of the insured event, traces and other evidence of the accident; 2) actions that prevent other persons from fulfilling the obligation to provide information about the insured event competent authorities and organizations; 3) actions that distort information about the causes and circumstances of an accident or occupational disease; 4) actions that hinder the work of the commission for the investigation of the insured event; 5) other actions aimed at concealing the insured event.

6. The subjective side of this offense presupposes direct intent.

7. The subjects of these offenses are policyholders - legal entities of any organizational and legal form (including foreign organizations) employing persons subject to compulsory social insurance against industrial accidents and occupational diseases.

According to Part 1 of Art. 19 of the Federal Law "On Compulsory Social Insurance Against Industrial Accidents and Occupational Diseases", along with a legal entity, its managers and other officials guilty of concealing an insured event are brought to administrative responsibility.

An administrative penalty can be imposed and individual entrepreneur employing persons subject to compulsory social insurance against industrial accidents and occupational diseases.

8. Cases about administrative offenses under this article are considered by officials federal body executive power exercising state supervision and control over the observance of labor legislation and other normative legal acts containing labor law norms (Article 23.12).

The minutes are drawn up by officials of the above body (part 1 of article 28.3).

The full text of Art. 15.34 Administrative Code of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 15.34 of the Code of Administrative Offenses of the Russian Federation.

The concealment by the insured of the occurrence of an insured event in the event of compulsory social insurance against industrial accidents and occupational diseases -
shall entail the imposition of an administrative fine on citizens in the amount of three hundred to five hundred rubles, on officials in the amount of five hundred to one thousand rubles, on legal entities in the amount of five thousand to ten thousand rubles.

(The article is additionally included from January 1, 2010 by the Federal Law of July 24, 2009 N 213-FZ)

Commentary on Article 15.34 of the Code of Administrative Offenses of the Russian Federation

1. The administrative offense provided for by this article infringes on the right of a citizen to receive the necessary types of insurance coverage, as well as, to a certain extent, on his health and life; the right of relatives and family members of the insured to receive insurance benefits in the event of his death.

2. The object of the administrative offense provided for in this article is public relations in the field of compulsory social insurance against industrial accidents and occupational diseases.

These relations are regulated by the Labor Code of the Russian Federation (see Articles 227-231), Federal Laws of July 24, 1998 N 125-FZ "On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases" (as amended and supplemented .); of July 16, 1999 N 165-FZ "On the basics of compulsory social insurance" and of July 17, 1999 N 181-FZ "On the basics of labor protection in the Russian Federation" (as amended and supplemented). Separate norms concerning such relations are established by other federal laws (see article 22 of the Federal Law of November 24, 1995 N 181-FZ "On social protection of disabled people in the Russian Federation" (as amended and supplemented)). It should be borne in mind the Decree of the Government of the Russian Federation of December 15, 2000 "On the approval of the Regulation on the investigation and registration of occupational diseases" (with amendments and additions) and a number of other regulatory legal acts of the Russian Federation.

3. Legislation in this area discloses the content of a number of concepts related to the application of the commented article (insured event; industrial accident; occupational disease, acute occupational disease; chronic occupational disease).

4. The concealment of an insured event can be understood as: a) concealment, i.e. failure to provide information about him to the relevant competent authorities and organizations; b) the destruction of traces, other circumstances that may serve as evidence testifying to the fact of the occurrence of such an event. The objective side of this administrative offense can be expressed both in inaction and in actions aimed at non-fulfillment by the policyholder of the obligations established by law. Inaction consists in evading the obligation of the policyholder to inform the insurer, other bodies and organizations about the insured event within 24 hours (see clause 6, part 2, article 17 of the Federal Law "On compulsory social insurance against industrial accidents and occupational diseases") ...

In the event of a group accident at work, a serious accident, a fatal accident, the employer or a person authorized by him in the form established by the Ministry of Health and Social Development of Russia must also report to the state labor inspectorate; the prosecutor's office; executive body of the constituent entity of the Russian Federation; to the federal executive body according to departmental affiliation; territorial association of trade unions; territorial body of state supervision, and, if necessary, to other bodies and organizations. The named obligations of the insured, the procedure for investigating accidents at work are determined by the Labor Code of the Russian Federation (see Art. Art. 227-231).

5. The composition of the offense under consideration can be formed by: 1) the actions of the insured aimed at destroying the situation prevailing at the time of the occurrence of the insured event, traces and other evidence of the accident; 2) actions that prevent other persons from fulfilling the obligation to provide information about the insured event to the competent authorities and organizations; 3) actions that distort information about the causes and circumstances of an accident or occupational disease; 4) actions that hinder the work of the commission for the investigation of the insured event; 5) other actions aimed at concealing the insured event.

6. The subjective side of this offense presupposes direct intent.

7. The subjects of these offenses are policyholders - legal entities of any organizational and legal form (including foreign organizations) employing persons subject to compulsory social insurance against industrial accidents and occupational diseases.

According to Part 1 of Art. 19 of the Federal Law "On Compulsory Social Insurance Against Industrial Accidents and Occupational Diseases", along with a legal entity, its managers and other officials guilty of concealing an insured event are brought to administrative responsibility.

An administrative penalty may also be imposed on an individual entrepreneur who hires persons subject to compulsory social insurance against industrial accidents and occupational diseases.

8. Cases of administrative offenses under this article are considered by officials of the federal executive body exercising state supervision and control over the observance of labor legislation and other normative legal acts containing labor law (Article 23.12).

The minutes are drawn up by officials of the above body (part 1 of article 28.3).

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