Imprisonment for a term of up to 10 years can await the organizers of a deadly excursion for diggers in Moscow – at least, according to the commentary of Vadim Pogorelov, an expert lawyer at Baiborodin and Partners, this is precisely the punishment that can be expected for an “improper service”, the performance of which led to death two or more people. Recall that at the moment it is known about eight victims of the deadly excursion.
The lawyer, in particular, answered the question of what, from a legal point of view, such controversial routes as “digging” in collectors are and what are their features. “According to Art. 14 of Federal Law No. 132 “On the Basics of Tourism in the Russian Federation”, Tour operators, travel agents, organizations, individual entrepreneurs, individuals using a special tax regime that provide excursion services are required to use the services of instructors-guides if the trips they organize are related to the passage by tourists (tourists) of routes related to the types of tourist routes that require accompaniment by an instructor-guide established in accordance with this Federal Law. The list, classification and categories of difficulty of routes requiring the accompaniment of a guide-guide are established in the Decree of the Government of the Russian Federation dated April 5, 2022 No. 744-r On the list of types of tourist routes that require accompaniment by an instructor-guide, and their categories of complexity, as well as the criteria for reference tourist route to the appropriate category of difficulty, including taking into account the safety of tourists,” the expert quoted.
Further, he clarified in “human language” that this list does not, as expected, provide for “such types of excursions as excursions along the collectors or roofs, since the indicated communications and parts of the buildings are not intended for excursions and, as a rule, have a different purpose.” Moreover, in most cases, free access to such places is not provided for by the rules for operating the relevant infrastructure.
“Based on the foregoing, we can conclude that such a plan of excursion cannot be carried out legally by definition (in particular, based on the purpose of the places where such excursions are held),” Mr. Pogorelov added. As a result, the organizers of such routes “shine” responsibility under Article 238 of the Criminal Code of the Russian Federation. “Production, storage, transportation or sale of goods and products, performance of work or provision of services that do not meet safety requirements.” According to the article, “the performance of work or the provision of services that do not meet the requirements of the safety of life or health of consumers”, especially those that are “performed by a group of persons by prior agreement or by an organized group” and “caused the death of two or more persons”, “are punished by compulsory works for up to five years or imprisonment for up to ten years.
Let us remind you that so far two people have been detained in the case. Another person involved, it seems, will have to be put on the international wanted list – since on the day when the tragic ending of the illegal excursion became known, he flew to Dubai. Read more here.
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