MIL OSI Translation. Region: Russian Federation –
EMERCOM of Russia continues to work on amending the Federal Law “On Emergency Rescue Services and the Status of Rescuers” in terms of eliminating legal uncertainty in the application of the concept of justified risk and addressing issues of ensuring labor protection during emergency rescue operations.
The document was developed in November last year and in its original version consolidated the concept of “justified risk”, as well as a ban on bringing to responsibility the heads of emergency response and rescue units in the event of the death of people, including rescuers, in conditions of justified risk.
In the revised version of the bill, the concept of “urgent need” appeared when carrying out rescue operations. It is described as “a state in which an action was taken to eliminate a danger that directly threatens the person and the rights of the rescuer or other person, the legally protected interests of society or the state, if this danger could not be eliminated by other means and at the same time the limits of extreme necessity “. The exceeding of the limits of extreme necessity in the draft law recognizes the infliction of harm that clearly does not correspond to the nature and degree of the threatened danger and the circumstances in which the danger was eliminated, when the harm caused is equal and more significant than the prevented.
Legislative consolidation of the concepts of “justified risk” and “extreme necessity” will allow rescuers to fulfill their duties in conditions of legal stability and security. Often, the actions of rescuers during the liquidation of an accident go beyond the general requirements of labor legislation to ensure safe working conditions. Special training, equipping rescuers and the implementation of special safety measures do not completely eliminate the risk of injury and death. In particular, the inevitability of the risk is due to the high degree of uncertainty of the situation in the accident zone and the lack of alternative measures to provide assistance to victims.
In this regard, the draft law stipulates that “heads of emergency response, heads of emergency rescue services, emergency rescue teams are not subject to disciplinary and (or) civil liability for causing material damage, harm to the health of people being rescued, rescuers or their death as a result of lawful necessary and sufficient actions or inaction committed in conditions of justified risk and (or) in a state of extreme necessity ”.
Let us recall that the current legislation does not define the concept of “justified risk”, as well as conditions that take into account the specifics of ensuring labor protection during emergency rescue operations. Amendments to the Federal Law “On emergency rescue services and the status of rescuers” are aimed at settling these issues.
EDITOR’S NOTE: This article is a translation. Apologies should the grammar and / or sentence structure not be perfect.