OBJECTIVE AND SUBJECTIVE FACTORS OF SAFETY VIOLATIONS DURING MINING OR CONSTRUCTION WORK

Authors

DOI:

https://doi.org/10.26577/JAPJ2025113111

Abstract

This study identifies the reasons behind the commission of crimes in ensuring safe working conditions, which is becoming increasingly common in Kazakhstan. The author makes a clear and assertive point that the act is a crucial component of negligent criminal behaviour in the doctrine of causality in criminology. The term "crime factors" unequivocally encompasses the determinants of violations of safety rules during mining or construction work. These factors can serve as both a cause and a condition, as well as a group of causes united by a common feature. The analysed criminal offence is undoubtedly influenced by both objective and subjective criminogenic factors that are interconnected and interact as a certain system. The author states that the primary factors are organisational, technical, legal and sanitary objective factors. The subjective factor is made up of deficiencies in the social, spiritual, and moral aspects of the labour collective as a whole and its individual members, as well as the inability or unwillingness of an employee to perform assigned work duties because of psychophysiological characteristics of perception, attention, and reaction. The research employs a range of rigorous methods, including sociological, statistical, historical, comparative legal, analytical, and logical techniques. Its scientific and practical value is that its findings can be used to enhance measures for preventing occupational injuries and modernising the labour protection system.

Keywords: objective and subjective factors, criminal violation, mining or construction work, occupational injuries.

Author Biography

K.A. Bakishev, Karaganda University of Kazpotrebsoyuz, Kazakhstan, Karaganda

(corresponding author) - Doctor of Law, Professor, Head of the Laboratory of Legal Research, Research Institute of EPI, Karaganda University of Kazpotrebsoyuz

How to Cite

Bakishev К. . (2025). OBJECTIVE AND SUBJECTIVE FACTORS OF SAFETY VIOLATIONS DURING MINING OR CONSTRUCTION WORK . JOURNAL OF ACTUAL PROBLEMS OF JURISPRUDENCE, 113(1). https://doi.org/10.26577/JAPJ2025113111