Theory of everything. The theory of everything Read the labor code article 228 230

In case of accidents specified in Article 227 of this Code, the employer (his representative) is obliged to:

immediately organize first aid for the victim and, if necessary, transport him to a medical organization;

take urgent measures to prevent the development of an emergency or other emergency situation and the impact of traumatic factors on other persons;

until the investigation of the accident begins, preserve the situation as it was at the time of the incident, if this does not threaten the life and health of other persons and does not lead to a catastrophe, accident or other emergency circumstances, and if it is impossible to preserve it, record the current situation (draw up diagrams , take photographs or videos, and other events);

immediately inform the authorities and organizations specified in this Code, other federal laws and other regulatory legal acts about the accident Russian Federation, and about a serious accident or a fatal accident - also to the relatives of the victim;

take other necessary measures to organize and ensure a proper and timely investigation of the accident and registration of investigation materials in accordance with this chapter.

Comments to Art. 228 Labor Code of the Russian Federation

1. In this chapter of the Labor Code the following concepts are used: “group industrial accident”, “industrial accident with a serious outcome”, “industrial accident with a fatal outcome”.

A group accident is a case in which 2 people were injured. and more. However, the severity of accidents does not affect this qualification. This could be 2 or more slightly injured workers, 2 or more fatalities - it is important that the injuries or death of the victims occurred as a result of one event (explosion, road accident, fire, etc.). Moreover, if the consequences of the second employee’s injury did not occur, for example, immediately, but after some time, then the accident, accordingly, becomes a group industrial accident with all the ensuing features of investigation and accounting.

2. The accident belongs to the category of severe industrial accidents in accordance with the Scheme for determining the severity of health damage in industrial accidents, approved. By Order of the Ministry of Health and Social Development of Russia dated February 24, 2005 N 160.

3. Decree of the Government of the Russian Federation of May 15, 2006 N 286 approved. Regulations on payment of additional expenses for medical, social and professional rehabilitation of insured persons who have suffered health damage due to industrial accidents and occupational diseases.

Order of the Ministry of Health and Social Development of Russia dated May 19, 2005 N 352 established the rules for providing vouchers for sanatorium and resort treatment to persons injured as a result of industrial accidents and occupational diseases.

Full text of Art. 228.1 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 228.1 of the Labor Code of the Russian Federation.

In case of a group accident (two or more people), a serious accident or a fatal accident, the employer (his representative) is obliged to send a notice within 24 hours in the prescribed form:
to the relevant territorial body of the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms;
to the prosecutor's office at the scene of the accident;
to the executive body of a constituent entity of the Russian Federation and (or) local government body at the place of state registration of a legal entity or individual as an individual entrepreneur;
the employer who sent the employee who suffered the accident;
to the territorial body of the relevant federal executive body exercising state control (supervision) in the established field of activity, if the accident occurred in an organization or facility controlled by this body;
to the executive body of the insurer on issues of compulsory social insurance against accidents at work and occupational diseases (at the place of registration of the employer as an insurer).

In case of a group accident, serious accident or fatal accident, the employer (his representative) is also obliged to send a notice in the prescribed form to the relevant territorial association of trade union organizations within 24 hours.

The captain of the ship must immediately notify the employer (shipowner) of an accident that occurs on a ship while it is sailing (regardless of its departmental (industry) affiliation), and if the ship is sailing abroad, also to the relevant consulate of the Russian Federation.

The employer (shipowner), upon receiving a message about a group accident, serious accident or fatal accident that occurred on a ship, is obliged to send a notice in the prescribed form within 24 hours to:
the relevant territorial body of the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms;
the relevant prosecutor's office at the place of registration of the vessel;
relevant federal executive authorities authorized to exercise federal state supervision in the field of use atomic energy and state supervision in the field of radiation safety, if the accident occurred at the nuclear power plant of the ship or during the transportation of nuclear materials, radioactive substances and waste;
the corresponding territorial association of trade union organizations;
executive body of the insurer on issues of compulsory social insurance against accidents at work and occupational diseases (at the place of registration of the employer as an insurer).

About accidents that, over time, have become classified as serious accidents or fatal accidents, the employer (his representative), within three days after receiving information about this, sends a notice in the prescribed form to the relevant territorial body of the federal executive body authorized to carry out federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, the territorial association of trade union organizations and the territorial body of the relevant federal executive body exercising state control (supervision) in the established field of activity, if the accident occurred in the organization or at a facility controlled by this body, and about insured events - to the executive body of the insurer (at the place of registration of the employer as an insured).

The employer (his representative) reports cases of acute poisoning to the relevant body of the federal executive body exercising the functions of federal state sanitary and epidemiological supervision.

Commentary on Article 228.1 of the Labor Code of the Russian Federation

1. According to the commented article, the obligation to notify the relevant bodies, persons and organizations about the accident that has occurred rests with the employer when:
- group accident (two people or more);
- serious accident;
- fatal accident.

A group accident is an accident with two or more people injured.

A serious accident is an accident as a result of which the victim received health damage classified as severe in accordance with the established qualifying criteria.

Determination of the severity of health damage in industrial accidents is carried out in accordance with the Scheme for determining the severity of health damage in industrial accidents, approved by Order of the Ministry of Health and Social Development of the Russian Federation dated February 24, 2005 N 160.

Qualifying signs of the severity of health damage in an industrial accident are:
- the nature of the health injuries received and complications associated with these injuries, as well as the development and aggravation of existing chronic diseases in connection with the injury;
- consequences of received health injuries (permanent loss of ability to work).

This obligation to notify of an accident must be fulfilled within 24 hours. The form of the notification is determined by Decree of the Ministry of Labor and Social Development of the Russian Federation dated October 24, 2002 N 73 (form N 1), which approved the Regulations on the specifics of investigating industrial accidents in certain industries and organizations.

2. The commented article provides a list of bodies and organizations to which it is necessary to send notification of an industrial accident in various situations:
- in case of a group accident (two or more people), a serious accident or a fatal accident;
- in case of a group accident, a serious accident or a fatal accident;
- about an accident that occurred on a vessel at sea;
- about accidents that, over time, became severe or fatal accidents;
- about cases of acute poisoning.

We will not repeat the contents of the article itself, but will indicate which organs are meant in individual cases.

The relevant territorial bodies of the federal executive body authorized to carry out federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms are the territorial bodies of Rostrud (state labor inspectorates).

In accordance with the Federal Law "On compulsory social insurance against industrial accidents and occupational diseases", the insurer for compulsory social insurance against industrial accidents and occupational diseases is the Social Insurance Fund of the Russian Federation. It consists of the following executive bodies:
- regional branches managing state social insurance funds on the territory of the constituent entities of the Russian Federation;
- central sectoral branches that manage state social insurance funds in individual sectors of the economy;
- branches of departments created by regional and central branch branches of the Fund in agreement with the chairman of the Fund.

A shipowner is a legal or natural person operating a ship on its own behalf, regardless of whether it is the owner of the ship or uses it on another legal basis (Article 1 KVVT RF, Article 8 KTM RF).

The federal executive body exercising control and supervision functions in the field of safety in the use of atomic energy (except for activities related to the development, production, testing, operation and disposal nuclear weapons and nuclear power plants for military purposes) is Rostechnadzor.

The federal executive body exercising the functions of federal state sanitary and epidemiological supervision is Rospotrebnadzor.

Consultations and comments from lawyers on Article 228.1 of the Labor Code of the Russian Federation

If you still have questions regarding Article 228.1 of the Labor Code of the Russian Federation and you want to be sure of the relevance of the information provided, you can consult the lawyers of our website.

You can ask a question by phone or on the website. Initial consultations are held free of charge from 9:00 to 21:00 daily Moscow time. Questions received between 21:00 and 9:00 will be processed the next day.

In case of accidents specified in Article 227 of this Code, the employer (his representative) is obliged to: immediately organize first aid for the victim and, if necessary, deliver him to a medical organization; take urgent measures to prevent the development of an emergency or other emergency situation and the impact of traumatic factors on other persons; until the investigation of the accident begins, preserve the situation as it was at the time of the incident, if this does not threaten the life and health of other persons and does not lead to a catastrophe, accident or other emergency circumstances, and if it is impossible to preserve it, record the current situation (draw up diagrams , take photographs or videos, and other events); immediately inform the authorities and organizations specified in this Code, other federal laws and other regulatory legal acts of the Russian Federation about the accident, and about a serious accident or fatal accident - also the relatives of the victim; take other necessary measures to organize and ensure a proper and timely investigation of the accident and registration of investigation materials in accordance with this chapter.

Legal advice under Art. 228 Labor Code of the Russian Federation

Kirill Tronyaev

Help with a legal problem! My name is Alexander, I’m 22 years old, today an unpleasant situation arose at work - I brought sick leaves to work for an industrial injury in the timekeeping department, they were accepted, after which they told me to go to the head of my workshop and talk to him. He, in turn, was already informed while I was going to him, he told me (why the act was not drawn up, which should be drawn up within 3 days). I returned to the time sheet and there they already told me that these sheets mean nothing without the act and I just skipped these 2 weeks. A couple of minutes later I returned to the head of the workshop to sign a bypass sheet for dismissal of my own free will, to which he answered me (Oh no, my dear, it’s not you who are resigning, but I’m firing you under the article for absenteeism) Is it possible to do something with sick leave for Why is this a document and has a seal and who was right? I ask people who understand this to answer, thank you for your understanding.

Lawyer's answer:
You are being deceived! It is the employer’s responsibility to draw up an act (Article 228 of the Labor Code). You should not only be paid for sick leave, but also reimbursed for all expenses associated with medical rehabilitation. Demand an act! It should be in your hands. Contact the trade union committee, the state labor inspectorate, and the prosecutor's office. Your management faces administrative liability, so they will confuse you in every possible way. Stand your ground - demand an accident report.

Karina Konovalova

Is an injury sustained on the way to work related to production? Is an injury sustained on the way to work related to production? Those. On my way to work I slipped and broke my leg.

Lawyer's answer:
The concept of an industrial accident is given in Article 3 of the Federal Law of July 24, 1998 N 125-FZ (hereinafter referred to as Law N 125-FZ). Issues of investigation and recording of industrial accidents are regulated. Thus, only accidents that occurred are subject to investigation, in particular: when an employee is traveling to or from work on a company vehicle or on a personal vehicle when using it for production (official) purposes by order of the employer or by agreement of the parties to the employment contract; when an employee travels to and from a business trip, during business trips on public or official transport, as well as when following the employer’s orders to the place of work (assignment) and back, including on foot. A similar norm is also contained in another normative act * (1). The procedure for investigating an accident and preparing the necessary documents, as well as the obligations of the employer, are established in Articles 228-230 of the Labor Code.

Ksenia Nikitina

What document confirms an accident at work?

Lawyer's answer:
Article 228 of the Labor Code of the Russian Federation imposes the obligation on the employer to organize a timely investigation of an accident at work, as well as to prepare materials for the investigation of the accident that occurred. An approximate list of accident investigation materials is given in Art. 229.2 of the Labor Code of the Russian Federation; it includes the following documents: - plans, sketches, diagrams, a protocol for examining the scene of the incident, and, if necessary, photo and video materials; - documents characterizing the state of the workplace, the presence of dangerous and harmful production factors; - extracts from logs of registration of labor safety briefings and protocols for testing the victim’s knowledge of labor protection requirements; - protocols of interviews with eyewitnesses of the accident and officials, explanations of the victim; - expert opinions specialists, results of technical calculations, laboratory studies and tests; - a medical report on the nature and severity of the damage caused to the victim’s health, or the cause of his death, whether the victim was under the influence of alcohol, drugs or toxic substances at the time of the accident; - documents confirming the issuance of special clothing, special shoes and other personal protective equipment to the victim in accordance with current standards, etc. The first document that the employer must draw up if an accident occurs with an employee is a message or notification of the accident. Then the commission, investigating the accident, must fill out a protocol for examining the accident site. A document must be attached to the materials of the accident investigation that allows the employee to establish the severity of the health damage received by the employee. Such a document is a special conclusion issued by the medical institution to which you first applied for medical care victim. The specified conclusion is issued immediately at the written request of the employer. Finally, the most important document among the materials of the investigation of an industrial accident is the industrial accident report form N-1. This act is a document confirming the fact of the accident and contains the main conclusions of the commission to investigate the industrial accident.

Egor Sayanov

Young boys wear knitted hats with the numbers 228. Can anyone explain what this is? Pride, is it a drug addict or a huckster?

Veronica Frolova

suffered a work injury. I was reprimanded

well, everything is correct... violation of safety regulations... They could have fired them. Well, did you write an explanation for violating safety regulations? And the boss wrote on the piece of paper that they were injured at home? Did you receive any training? If the work was special, then for her...

Dmitry Fish

Is the employer obligated to investigate an accident if there are no eyewitnesses to the incident?

In accordance with paragraph 6 of Article 228 of the Labor Code of the Russian Federation, the employer is obliged to: “... take other necessary measures to organize and ensure an appropriate and timely investigation of the accident and registration of investigation materials...”. And...

Stepan Marshak

What is the right way to deal with the bank? How to deal with the bank correctly: the person, knowing the number of my “Private Bank” card, took out all my personal data - registration, phone numbers, etc. Then he published this data on an open resource.

the right thing to do would be to write to the prosecutor's office to check the legality of all these manipulations, and then file a lawsuit

Alena Zhuravleva

Yes. Using drugs and being Russian are incompatible concepts. You're right!

Peter Nemykin

Need some advice... My husband works as an Ikarus driver. He had a heart attack at work while driving people. Is this considered a work injury?

Lawyer's answer:
No.. . A heart attack is not a consequence of overload at work, it develops as a result of atherosclerotic changes in blood vessels - which develops over years and is most likely caused by poor diet and lifestyle... Although anxiety may be a provoking factor, it is not the cause of the disease, so it is not a work injury (see Definition of work injury)

Vasily Frolkin

you found treasure in the ground... they say now the state is taking everything away...

I buried it myself, dug it up myself. and I pay the state for bread) It’s unlikely that there are people left now who are ready to give away any capital for free. Most likely, the state will not even know about it. You are obliged to give 60% to the state, in any case...

Artem Meshcherin

Is it possible to achieve justice, or is it too late!?

through the court.. I think it was too late to sign that it was a domestic injury! ! It's your own fault... Try contacting the labor inspectorate, the North-Eastern Administrative District, but it seems to me that the answer will be the same as mine. Alena, your husband agreed that the injury was domestic. What then...

Polina Soboleva

Why is it that when someone in our class says 228, all the boys laugh? What does it mean?

Alexandra Veselova

Question about taxes. If an individual enters into an agreement with an individual entrepreneur to provide a car for rent, must he pay personal income tax and submit a declaration? nothing else?

Lawyer's answer:
If an individual entrepreneur rents a car from an individual and pays him rent, then the individual entrepreneur is a tax agent in relation to the lessor and is obliged to withhold personal income tax of 13% from his income, if the lessor is a resident, that is, the period of stay in the Russian Federation is 183 days or more, and also transfer personal income tax to the budget. According to individuals who do not carry out entrepreneurial activity, are required to submit personal income tax declarations (declaration 3-NDFL) in the following cases: - when receiving remuneration from individuals and organizations that are not tax agents, based on concluded employment contracts, civil contracts, rental contracts or lease agreements for any property; Since an individual entrepreneur is a tax agent, you do not need to submit a tax return.

Tatyana Belyaeva

Tell KBK about personal income tax for hired workers, they called the tax office for the wrong reason, KBK paid, or the cashier at the bank made a mistake

Lawyer's answer:
Personal income tax 18210102010011000110 Personal income tax on income the source of which is a tax agent, with the exception of income in respect of which the calculation and payment of tax are carried out in accordance with Articles 227, 227.1 and 228 of the Tax Code of the Russian Federation 18210102020011000110 Personal income tax with income received from the activities of individuals registered as individual entrepreneurs, notaries engaged in private practice, lawyers who have established law offices and other persons engaged in private practice in accordance with Article 227 of the Tax Code of the Russian Federation 18210102030011000110 Personal income tax on income, received by individuals in accordance with Article 228 of the Tax Code of the Russian Federation 18210102040011000110 Tax on personal income in the form of fixed advance payments on income received by individuals who are foreign citizens engaged in labor activities for hire from individuals on the basis of a patent in accordance with Article 227.1 of the Tax Code Code of the Russian Federation

Natalia Blinova

How to do without personal income tax? LLC rents from individuals. faces store. He takes the amount for rent, but does not want to pay personal income tax. What can be written in the lease agreement regarding this? How to secure an LLC before the Federal Tax Service?

Lawyer's answer:
Just write that all taxes provided for by the current legislation of the Russian Federation are paid by the landlord independently. If questions arise from the tax office regarding unwithheld personal income tax, refer to the fact that rental income from physical the person is obliged to pay independently. In this case, the LLC does not bear the responsibilities of a tax agent: Tax Code of the Russian Federation Article 226. Peculiarities of tax calculation by tax agents. Procedure and deadlines for payment of tax by tax agents 2. Calculation of amounts and payment of tax in accordance with this article are carried out in relation to all income of the taxpayer, the source of which is a tax agent, with the exception of income in respect of which calculation and payment of tax are carried out in accordance with Articles 214.1, 214.3, 214.4, 214.5, 227, 227.1 and 228 of this Code with offset of previously withheld tax amounts. Article 228. 1. Calculation and payment of tax in accordance with this article is carried out by the following categories of taxpayers: 1) individuals - based on the amounts of remuneration received from individuals and organizations that are not tax agents, on the basis of concluded employment contracts and civil contracts of a legal nature, including income from rental agreements or lease agreements for any property; 2. Taxpayers specified in paragraph 1 of this article shall independently calculate the amount of tax payable to the relevant budget in the manner established by Article 225 of this Code. The total amount of tax payable to the relevant budget is calculated by the taxpayer taking into account the amounts of tax withheld by tax agents when paying income to the taxpayer. At the same time, losses from previous years incurred by an individual do not reduce the tax base. 3. Taxpayers specified in paragraph 1 of this article are required to submit a corresponding tax return to the tax authority at the place of their registration. 4. The total amount of tax payable to the relevant budget, calculated on the basis of the tax return taking into account the provisions of this article, is paid at the taxpayer’s place of residence no later than July 15 of the year following the expired tax period.

Igor Vyazgunov

Tell me how to do this

Liliya Kudryavtseva

Question about taxes. Guys, I quit my job a month ago, now they are sending a letter, the text is as follows - “You (such and such) that in accordance with paragraph 4 of paragraph 1 of Article 228 of the Tax Code of the Russian Federation, you need to provide a tax return in Form 3 of personal income tax for 2011 in connection with your receipt of income from a tax agent and the impossibility of withholding income tax from individuals by a tax agent. Inspection of the Federal Tax Service of Russia (of such and such region) that, in accordance with clause 1 of Article 229 of the Tax Code of the Russian Federation, you are obliged to provide the required reporting no later than April 30 2012 at the address (such and such) Failure by the taxpayer to submit a tax declaration to the tax authority at the place of registration within the deadline established by the legislation on taxes and fees shall entail the collection of a fine in the amount of 5 percent of the unpaid amount of tax payable (additional payment) on the basis of this declaration for every full or partial month from the date established for its submission, but not more than 30 percent of the specified amount and not less than 1000 rubles. Explain what this means? This means throughout the entire time the employer did not pay taxes for me??? Thank you for clarification

Lawyer's answer:
In principle, your employer must withhold tax on your earnings. But he is only an intermediary - a tax agent. According to the law, the payers of personal income tax are the individuals themselves. In your case, you guessed the correct option absolutely correctly - your employer turned out to be an unscrupulous intermediary and did not fully fulfill its duties as a tax agent: either did not withhold tax from you at all, or did not withhold it from some part of your property. wages. It is likely that this was established during his inspection. If you continued to work for him, he would withhold tax from you and transfer it himself. But you have already quit - therefore. the employer cannot do this. It’s good that you received a warning so early - you have a chance to avoid a fine. You need to: - take a 2-NDFL certificate for 2011 from your previous place of work - it is this that is in your case the main document for filling out the declaration; - fill out the declaration form 3-NDFL for 2011. And contact the tax office before April 30. By the way, they are obliged to help you fill out the declaration - that is, to give explanations on how to fill it out. In your case it will be simple. The tax will have to be paid by July 15.

Veronica Antonova

Do I need to file a tax return if I sold 1/2 share of my apartment for 490 thousand rubles?

it is necessary in any case, it does not depend on what price you sold for, the transaction took place, but there is a property deduction for it, which is greater than or equal to the price of the property, property According to individuals, not...

Tatyana Zhukova

What are works

Olesya Mikhailova

Types of employer's liability for harm caused to an employee? preferably an article.

Material and moral.

Yakov Karnaukh

Subtracting personal income tax from salary. In the employment contract with the company where I work, there is not a word about personal income tax, but at the same time the amount of the salary is spelled out there. Is it legal that when calculating my salary, this 13% is deducted from the salary? But tell me, as employees, how often did you pay this tax personally? I think - never. Or, if in your biography there have been sales of cars, apartments and other large property and you have not used the right to a tax deduction, almost never.

Lawyer's answer:
Why provide in the contract what is provided for by federal legislation, namely, what employers are obliged to do under the Tax Code of the Russian Federation? They have the right not to withhold or transfer personal income tax if it is not possible to withhold, for example, when paying income in kind

Larisa Kolesnikova

Please write the new KBK (pension and personal income tax) I’m already confused for some reason)))))

Lawyer's answer:

Egor Fiveysky

blackmail law. sale of materials (dossier) what does the law in the Russian Federation say about this?
- the main object of extortion (Article 163 of the Criminal Code of the Russian Federation), in terminology civil law, are property relations and property relations. It is provided that this violation unlawfully causes property damage...

Lyubov Ivanova

PEOPLE WHAT MEANS 228

Article 228. Illegal production, acquisition, storage, transportation, forwarding or sale of narcotic drugs or psychotropic substances. 1. Illegal acquisition or storage without the purpose of selling narcotic drugs or psychotropic substances...

Evdokia Ponomareva

Sample of filling out a message about the consequences of an accident at work and measures taken. Sample of filling out a message about the consequences of an accident at work and the measures taken

You need to be guided by Form No. 8 of the Resolution of the Ministry of Labor of the Russian Federation No. 73 of October 24, 2002. “On approval of the forms of documents necessary for the investigation and recording of industrial accidents, and the Regulations on the peculiarities of the investigation of industrial accidents...”

Evdokia Titova

What is the procedure for registering an industrial injury at the owner’s enterprise if the victim is in the hospital?

Lawyer's answer:
The employer will form an investigation committee. The members of the commission must receive an explanation from you of what happened, study all the documents necessary for the investigation and draw up an act of form N.1, one copy of which will be given to you against signature. Since you cannot take part in the investigation yourself, you can give a power of attorney to someone close to you.

Vyacheslav Mavrodi

Question about the Tax Code. In Art. 228, clause 1.4 it is written: “The calculation and payment of tax in accordance with this article is carried out by the following categories of taxpayers: 4) individuals receiving other income, upon receipt of which tax was not withheld by tax agents, based on the amounts of such income; “Who knows, please explain what other income means?? ? If I work for an LLC under an employment contract, is my salary considered “other income”???

Lawyer's answer:
Doesn't count. Payroll taxes are withheld and transferred by your employer (he is the tax agent). “Other income” is: income from the sale of an apartment (house, room or shares in them), land plots and vehicles, income from renting out an apartment, winnings and prizes received (if they are not in money, but for example, a trip or some kind of thing), income from the sale of securities and the like. If there is nothing like this, you don’t need to submit any declarations yourself and you don’t need to calculate taxes yourself.

- Lawyer's answer:
  with Articles 228 and 229 of the Labor Code of the Russian Federation, Resolution of the Ministry of Labor of the Russian Federation of October 24, 2002 N 73 “On approval of the forms of documents necessary for the investigation and recording of industrial accidents, and the Regulations on the peculiarities of the investigation of industrial accidents in certain industries and organizations ", by Order of the Ministry of Health of the Russian Federation dated May 28, 2001. No. 176 “On improving the system for investigating and recording occupational diseases in the Russian Federation” Art. 230 in ed. Federal Law of June 30, 2006 N 90-FZ

Kirill Lyapidevsky

Guys, please advise Article 228 part 2 (use only) is it necessary to insist on a special procedure?

Lawyer's answer:
Well, firstly, THIS: or their parts containing narcotic drugs or psychotropic substances in ESPECIALLY LARGE SIZES. And, secondly, you are going through CONSUMPTION. Now a new article has appeared in the Criminal Code - 230.1, according to which - Consumption of narcotic drugs or psychotropic substances without a doctor’s prescription, with the exception of cases provided for in Part 2 of Article 20.20, Article 20.22 of this Code - entails the imposition of an administrative fine in the amount of five to ten minimum wages or administrative arrest for up to fifteen days. Note. A person who voluntarily applies to a medical institution for treatment in connection with the consumption of narcotic drugs or psychotropic substances without a doctor’s prescription is exempt from administrative liability for this offense. A person duly recognized as a drug addict may, with his consent, be sent for medical and social rehabilitation to a treatment and prevention institution and, in this regard, be exempted from administrative liability for committing offenses related to the consumption of narcotic drugs or psychotropic substances.

Tatyana Medvedeva

how to fire a drug addict (afetamine). Dismissal procedure? article?. I’m not sure that amphetamine can be detected on honey. examination, they write on the Internet that it is a mild narcotic

Lawyer's answer:
dismiss according to clause "b" clause 6, part 1, art. 81 of the Labor Code of the Russian Federation, being in a state of drug intoxication at the workplace. The state of alcohol, drug or other toxic intoxication of an employee can be confirmed by both a medical report and other types of evidence. Such evidence must be assessed accordingly by the court. In any case, the fact that an employee appears at work in a state of intoxication must be documented. These circumstances can also be confirmed by witness testimony. However, witness testimony on its own is usually considered insufficient. It is quite problematic to prove the fact that an employee is intoxicated at work only through witness testimony. More reliable evidence is a medical examination report drawn up by a specialist (doctor, paramedic, who have undergone special training). If the court has doubts, the specialist who conducted the examination may be involved in the case.
Each of us has our own faith. And it’s very bad when a person doesn’t believe at all.

Raisa Vinogradova

who is rummaging around in the tax code, please tell me!!!. Last year I sold the car for 5,000 rubles, now it means a letter comes from the tax office saying that I owned the car for less than 3 years and therefore, having sold it, I made a terrible deal, and I had to bring some kind of shitty declaration by April 30, and they further write that I violated the rules .3 tbsp. 228 Tax Code of the Russian Federation, which entails liability. This annoyed me, I went to the lair of these parasites (since it’s impossible to get through to them), they say 3 personal income taxes are due to them, which means I think I’ll bring it, but no, it turns out you need to pay a late fee of at least 1000 rubles, they didn’t explain anything else . The question is what is written in paragraph 3 of Art. 228 Tax Code of the Russian Federation, how much money can this fine cost me and can I send this whole sharashka office to hell, and what will happen to me if I send them and don’t pay anything? If something threatens.

Lawyer's answer:
Article 228 of the Tax Code of the Russian Federation - Features of tax calculation in relation to certain types of income. The procedure for paying tax Federal Law No. 216-FZ of July 24, 2007 amended paragraph 1 of Article 228 of this Code, which comes into force on January 1, 2008. 1. Calculation and payment of tax in accordance with this article is carried out by the following categories of taxpayers: 1) individuals - based on the amounts of remuneration received from individuals and organizations that are not tax agents, on the basis of concluded employment contracts and civil contracts, including income from employment contracts or lease agreements of any property; 2) individuals - based on the amounts received from the sale of property owned by these individuals; 3) individuals - tax residents of the Russian Federation, with the exception of Russian military personnel specified in paragraph 3 of Article 207 of this Code, receiving income from sources located outside the Russian Federation - based on the amounts of such income; 4) individuals receiving other income, upon receipt of which tax was not withheld by tax agents - based on the amounts of such income; 5) individuals receiving winnings paid by the organizers of lotteries, sweepstakes and other risk-based games (including using slot machines) - based on the amounts of such winnings. 6) individuals receiving income in the form of remuneration paid to them as heirs (successors) of authors of works of science, literature, art, as well as authors of inventions, utility models and industrial designs; 7) individuals receiving income in cash and in kind by way of gift, except for the cases provided for in paragraph 18.1 of Article 217 of this Code. 2. Taxpayers specified in paragraph 1 of this article shall independently calculate the amount of tax payable to the relevant budget in the manner established by Article 225 of this Code. The total amount of tax payable to the relevant budget is calculated by the taxpayer taking into account the amounts of tax withheld by tax agents when paying income to the taxpayer. At the same time, losses from previous years incurred by an individual do not reduce the tax base. 3. Taxpayers specified in paragraph 1 of this article are required to submit a corresponding tax return to the tax authority at the place of their registration. 4. The total amount of tax payable to the relevant budget, calculated on the basis of the tax return taking into account the provisions of this article, is paid at the taxpayer’s place of residence no later than July 15 of the year following the expired tax period. Federal Law No. 137-FZ of July 27, 2006 amended paragraph 5 of Article 228 of this Code to come into force on January 1, 2007. 5. Taxpayers who received income for which the tax agents did not withhold the tax amount shall pay tax in equal installments in two payments: the first - no later than 30 calendar days from the date of delivery by the tax authority of the tax notice of tax payment, the second - no later than 30 days after the first payment deadline.

Vladimir Mozharov

What punishment is provided for possession of narcotic and psychotropic substances? The house was searched and 1 kg of cannabis was seized. what is the risk of this?

I’m afraid I’ll answer you now, because they’ll attract me as an accomplice :))))

Art. 228 Labor Code of the Russian Federation describes the totality of the employer’s responsibilities in case of accidents with employees and other persons involved in production activities. Below you will find answers to questions that often arise in connection with the application of this article of the code.

What, according to Article 228 of the Labor Code of the Russian Federation, is required to be done in the event of an accident at work?

In case of any accident involving employees or other persons employed by him, the employer is obliged ( Art. 228 TK RF):

immediately provide first aid to the victim;
if there is a risk of any dangerous consequences(accident, emergency) or injury to other persons, make efforts to prevent such developments;

IMPORTANT! The corresponding procedure is prescribed in the Federal Law “On the protection of the population and territories from natural and man-made emergencies” dated December 21, 1994 No. 68-FZ and GOST R 22.3.03-94 “Safety in emergency situations. Protection of the population. Basic provisions" (Resolution of the State Standard of the Russian Federation dated December 22, 1994 No. 329).

try to preserve the situation at the scene of the incident before the start of the NS investigation (when there is no threat to the life and health of people, the likelihood of accidents, etc. dangerous consequences), and if this is not possible, record it through photography, video, drawing up diagrams, etc.;
inform the persons specified in the Labor Code of the Russian Federation about the Tax Code;
make every effort to ensure a timely and complete investigation of the National Assembly.

How to properly provide medical assistance to an employee?

It is necessary to assess the condition of the victim. If the injury is dangerous and requires urgent medical attention, you must call an ambulance.

In milder cases, you can independently deliver the employee to a medical facility (for example, an emergency room). You can use your own or third-party transport (for example, a taxi), but always at the expense of the employer.

To provide first aid on site, each organization must be equipped with a special post with a first aid kit (Article 223 of the Labor Code of the Russian Federation).

Even with minor injuries, it is recommended to take the victim to a medical facility in order to determine the degree of harm to health and record it in a special document - a medical report. This will help prevent possible disputes with the employee in the future.

A medical report is issued in form 315/u, approved by order of the Ministry of Health and Social Development dated April 15, 2005 No. 275, at the request of the employer (drawn up in free form). It is attached to the materials of the NS investigation.

Who should you report an accident to?

Government agencies and relatives are notified of the accident. The latter are required to be notified in case of severe cases or death of the victim, in other situations - at the request of the employer.

In the list of notified bodies (Article 228.1 of the Labor Code of the Russian Federation):

FSS (its branch);
labor inspection at the location of the company;
prosecutor's office;
local or regional executive body (for example, city administration);
supervisory authority (if the employer has one);
the victim's employer, if he is not an employee of the enterprise that became the scene of the incident;
territorial trade union body.

The list of recipients varies depending on the severity of the emergency: mild, severe, fatal, mass (2 or more victims), identified not immediately, but later. For example, the FSS is always notified, and the prosecutor's office is notified only in group, severe and fatal cases.

In what form should I notify about the incident?

Government agencies must be notified in writing. Thus, for social insurance, the notification form from the order of the Federal Social Insurance Fund of the Russian Federation dated August 24, 2000 No. 157 is used. Other authorities are notified using Form 1 from the resolution of the Ministry of Labor of Russia dated October 24, 2002 No. 73.

It is advisable to document the fact that a message was sent.

Relatives can be notified in any convenient and/or available way at the time of notification (by telephone, telegraph, mail).

All urgent measures have been taken - what next?

establishes all the circumstances of the incident, interviewing eyewitnesses, examining the scene of the incident, if necessary, involving experts, collecting documentary evidence necessary to qualify the incident;
evaluates all facts and qualifies the NS (whether it is related or not related to production);
identifies the perpetrators;
prepares all investigation materials.

Subsequently, these materials are sent to interested parties (the victim, the Social Insurance Fund, etc.).

The story with industrial NS is completed by payments to the victim (sick leave, other insurance amounts, additional expenses for rehabilitation).

In case of accidents specified in Article 227 of this Code, the employer (his representative) is obliged to:

immediately organize first aid for the victim and, if necessary, transport him to a medical organization;

take urgent measures to prevent the development of an emergency or other emergency situation and the impact of traumatic factors on other persons;

immediately inform the authorities and organizations specified in this Code, other federal laws and other regulatory legal acts of the Russian Federation about the accident, and about a serious accident or fatal accident - also the relatives of the victim;

take other necessary measures to organize and ensure a proper and timely investigation of the accident and registration of investigation materials in accordance with this chapter.

Commentary to Art. 228 Labor Code of the Russian Federation

In case of any accident, the employer (his representative) is obliged to act in a certain order, taking measures to provide assistance to the victim, consolidate the situation of the accident, inform the victim’s relatives, relevant authorities and organizations, as well as to ensure a timely investigation of the accident and its recording.

Second commentary to Article 228 of the Labor Code

1. The commented article establishes the responsibilities of the employer in the event of an accident at work. The main rules in it are taken from the Federal Law of July 24, 1998 “On compulsory social insurance against accidents at work and occupational diseases.”

2. Article 228 of the Labor Code of the Russian Federation directly states what the employer must do in the event of an accident at work, and who to inform about it. At the same time, in different industries for different categories of accidents (severe fatal, group, etc.), he is obliged to inform various authorities, but first of all, the relatives of the victim must be notified. In this case, the victim should be given first aid.

3. The employer is obliged to ensure timely investigation of the accident and its recording.

4. Occupational diseases from long-term exposure to production factors are investigated and identified by medical authorities in accordance with the Regulations on the investigation and recording of occupational diseases, approved. By Decree of the Government of the Russian Federation of December 15, 2000

Suicides, natural deaths, and injuries from the criminal actions of the employee themselves are not subject to recording as industrial accidents. Injuries from intoxication or actions related to intoxication are counted as accidents at work.

When an accident occurred at home or on the way to or from work not on the company’s transport, it is not investigated according to the Regulations and is documented in a free-form act.

Causes of industrial accidents include acute occupational diseases, heat strokes, burns, damage from contact with animals and insects, as well as natural disasters(earthquakes, landslides, hurricanes, floods).

5. An industrial accident involving an employee temporarily transferred to another enterprise, organization or performing part-time work in another organization is investigated and taken into account by this other organization.

6. The administration is obliged to timely analyze materials from the investigation and recording of industrial accidents and take the necessary measures to eliminate their causes.