Failure by the ship's captain to provide assistance to those in distress (Article 270 of the Criminal Code of the Russian Federation)
The direct object is the public relation that ensures the safety of traffic and operation of water transport. An additional object is the interests of life, health and property. The victims are people in distress (one person) who are in the water, on board a sinking ship, in a boat or on a raft, whose life and health are in serious danger.
On the objective side, the crime in question is expressed in the failure by the captain of the ship to fulfill his international legal obligation to provide assistance to those in distress at sea or on another waterway (navigable lake or river) in the presence in the current situation of a real possibility of rendering assistance to people in distress, without serious danger to own ship, its crew and passengers.
Departmental regulatory legal acts in force in the sea and river fleet, as well as certain provisions of international law, provide for requirements according to which the captain of the ship, who received a distress signal or discovered a person, raft, vessel in danger on the waterways, is obliged to provide assistance to those in distress, at the same time taking every precaution not to endanger his vessel. In the event that the provision of assistance is associated with a serious danger to the ship, crew and passengers, the master is released from this duty. Serious danger is recognized as threatening the ship as a whole, as well as the life and health of passengers and crew members (the presence of a real risk of explosion, fire on the ship, the danger of being overboard, etc.). As a general rule, a serious danger that threatens material values on board cannot be recognized as a serious one. Cannot serve as circumstances justifying the failure to provide assistance to those in distress, such arguments as violation of the sailing schedule, timing of arrival at the destination, property damage (both in the form of direct material damage and lost profits), etc.
The refusal of those in distress to accept assistance as a general rule excludes the elements of this crime.
The composition is formal and the crime is considered completed from the moment of the captain's inaction in the conditions of the need to provide assistance to those in distress at sea or other waterway. When resolving the issue of the captain's responsibility for not arriving at the place where the watercraft is in distress, it should be established that the ship's captain received the "sos" signal. Distress information can come from both the crew of the ship in distress and from third parties. In addition, it is necessary to establish that the watercraft that received the request for assistance was at a distance from those in distress, allowing it to arrive at the scene to provide it. Responsibility comes regardless of whether people in distress survived or died.
The composition of the captain's failure to provide assistance to those in distress is based on the provisions of Art. 98 of the UN Convention on the Law of the Sea of December 10, 1982, according to which each state imposes a duty on the master of any ship flying its flag, to the extent that the master can do this without seriously endangering the ship, crew or passengers (render assistance to any person found at sea who is in danger of death; proceed with all possible speed to the aid of those in distress, if he is informed that they need assistance, since such action on his part can reasonably be expected; after a collision, provide assistance to another ship , its crew and its passengers and, when possible, communicate to that other ship the name of its ship, its port of registry and the nearest port at which it will call).
On the objective side of the crime, the place of the crime and the situation affect the qualification. The place of commission is the waterways. A waterway is a body of water that is used for navigation. These include open and inland seas, territorial waters of the Russian Federation and another state. Environment - ship in distress, boat, etc.
From the subjective side, this crime is committed with direct intent, i.e. the captain of the ship is aware of the serious danger to people who are in distress on the waterway, and that he has the opportunity to help them without harming his ship, but wants to evade providing the people with the help they need. The motive and purpose of the crime do not affect the qualification. The motives of the captain's behavior may be a hostile attitude towards the crew and passengers of a vessel of another country, misunderstood the interests of the service, careeristic considerations and other motives.
The subject of the crime is special - the captain of the vessel or a person acting as the captain during his illness or in connection with his rest.
The actions of crew members who did not comply with the captain's order to provide assistance to those in distress may be qualified under Art. 125 of the Criminal Code. Under the same article, the captain of a ship in distress is liable for failure to provide assistance to members of his crew or passengers. The abandonment of a dying warship by a commander who has not fulfilled his official duties to the end, entails liability under Art. 345 of the Criminal Code of the Russian Federation. Kadnikov N.G. Criminal law. General and Special parts [text]: Textbook / edited by N.G. Kadnikov. - M., 2006. S. 731
Your actions:
1. Put on all warm clothes, including woolen socks and a hat.
2. After that, put on a wetsuit or overalls made of waterproof fabric.
3. Take money and documents with you, putting them in an impervious bag.
4. Grab a supply of drinking water, food, medicines and necessary equipment.
5. Put on a life jacket and walkie talkie
distress signal with your coordinates.
MARITIME DISASTER SIGNALS
There are a number of signals accepted all over the world, having received any of which the captain of any ship is obliged to come to the aid of a ship in distress.
Mayday, Pam Pam and Morse code
The most serious distress signal is the one that in Russian transcription sounds something like "Mayday". It should be sent only if you are in exceptional danger and your situation can be described as catastrophic.
If you need urgent help, but the danger is not so great (and also if you notice a person overboard, but are not able to help him yourself), you should give the signal "Pam Pam", formed from the French word panne - "accident".
The Mayday signal is given as follows:
Tune your transmitter to 2182 kHz.
Say "Mayday" three times.
Then, just as clearly say the name of the vessel three times.
Repeat the word "Mayday" once and, in the same way, once the name of the ship.
After that, give your coordinates, briefly describe the situation in which you find yourself, and indicate what kind of assistance you need.
After completing the message, wait for a while for a response, then repeat it again.
It should be noted that knowing these signals is especially important when you are in international waters.
When you are in the territorial waters of your country, it is better to use Morse code.
Other signals
There are a number of other ways to send a message that you need help:
Shots or other explosive signals repeating more or less regularly at a minute intervals;
The continuous sound of a signal that is usually given during fog (for example, the hum of a fog gong);
Launching flares one at a time at short intervals;
SOS signal (three dots, three dashes, three dots), given in any way;
Posting signal flags, meaning the letters N and C in the international maritime language (the first above the second);
Fire on the ship (for example, burning tar or oily rags);
Smoke is orange;
Slowly raising and lowering outstretched arms.
Aircraft in distress
An aircraft is recognized as in distress if it itself or the people on board are in imminent danger that cannot be eliminated by the crew itself. According to international aviation regulations, the emergency stage is divided into the stage of uncertainty (characterized by the presence of uncertainty in the safety of the aircraft and persons on board); alarm stage (means that there are concerns about the specified security); Distress phase (characterized by the presence of reasonable certainty that the aircraft and its occupants are in serious and imminent danger or require immediate assistance).
In our country, the actions of the commander of the air force, t. b., his crew and other persons are regulated by the Air Code of the USSR. First of all, V. s., t. b., should give distress signals. For all aviation, the SOS signal was installed, as well as urgency signals and danger warnings. Distress signals are transmitted and received on active air traffic control channels, common communication and direction finding channels, as well as on the frequency of the international rescue service. When flying over the sea, the crew also transmits these signals on the international frequency for ships. Urgency signals are transmitted only on air traffic control frequencies.
The crew of the V.S., that is, simultaneously with the SOS signal, turns on the distress signal, identification equipment, and then reports its location (coordinates) and transmits signals for radio direction finding, after which it reports the nature of the incident and the need for assistance. If it is impossible to continue the flight of the aircraft, i.e., the commander must decide on an emergency landing, while the means of automatic transmission of direction finding signals, if any, must be constantly turned on. The commander of an aircraft who received a distress call from another aircraft or discovered V. s., t. b. or in distress, is obliged to provide him with assistance (if he can do this without danger to the ship entrusted to him, passengers and crew), mark the place of distress on the map and report the distress to the air traffic control authority. The crew of any aircraft must, in addition, continue to monitor the transmission of distress information on the assigned frequency. Transmission of messages from other aircraft on the same frequency, not caused by extreme necessity, is prohibited until a special instruction from the controller.
Air traffic control bodies are obliged to take all possible measures to provide assistance to V. s., t. b. or distressed, including foreign V. s.
- - The concept of "V.s." determined by the domestic legislation of the country, and in international law - by the Chicago Convention of 1944 ...
Encyclopedia of technology
- - an aircraft that crosses the state border without the permission of the competent authorities of the corresponding state or commits other violations of the flight rules through ...
Encyclopedia of technology
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Glossary of legal terms
- - an aircraft maintained in the atmosphere due to interaction with air, different from interaction with air reflected from the surface of the earth or water. B.C. considered to have a national...
- - ....
Encyclopedic Dictionary of Economics and Law
- - ...
Encyclopedic Dictionary of Economics and Law
- - an aircraft belonging to the armed forces of a State and bearing the distinctive markings of that State...
Law Encyclopedia
- - according to the definition of the Air Code of the Russian Federation "an aircraft supported in the atmosphere due to interaction with air, different from interaction with air reflected from the surface of the earth or water" ...
Big Law Dictionary
- - an aircraft used in military, customs, police and other public service, as well as to perform mobilization and defense tasks ...
Big Law Dictionary
- - any aircraft, with the exception of state aircraft ...
Big Law Dictionary
- - "... shipborne aircraft - an aircraft specially designed or adapted for basing in shipboard conditions;..." Source: Order of the Minister of Defense of the Russian Federation dated September 24 ...
Official terminology
- - an aircraft belonging to the armed forces of a State and bearing the distinctive markings of that State...
Encyclopedic Dictionary of Economics and Law
- - any aircraft other than state aircraft, i.e. those, in particular, ships that are used in the military, customs and police services ...
Encyclopedic Dictionary of Economics and Law
- - ....
Encyclopedic Dictionary of Economics and Law
- - owned by the armed forces c.-l. State an aircraft bearing the distinctive markings of that State ...
Big Law Dictionary
- - noun, number of synonyms: 1 aircraft ...
Synonym dictionary
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Actions of a ship in distress
2.1 Transmission of a distress message
2.1.1 A ship in distress should transmit a distress signal and a distress message on one or more maritime international distress frequencies, depending on their availability:
(a) 500 kHz (radio telegraphy),
(b) 2182 kHz (radio telephony)
(c) 156.8 MHz (VHF channel 16) (radio telephony).
2.1.2. Before transmitting a distress signal on a frequency of 500 or 2182 kHz, it is strongly recommended to transmit an appropriate alert.
2.1.3 In addition, in remote areas of the ocean, it is recommended to additionally transmit a distress signal and a distress message using high-frequency ship-to-shore communications to a coast radio station (see paragraph 7.1.2)
This should be done in all cases where distress calls on 500 and 2182 kHz or 156.8 MHz (VHF channel 16) are not answered by other stations.
2.1.1 In the event of any doubt as to the receipt of a distress message, it should also be transmitted on any available frequency on which attention can be drawn, such as an intership frequency which may be used in limited areas.
However, before changing the frequency, you should wait a certain time necessary to receive a response.
2.1.2. In the event of a malfunction of the ship's radio station, a message can be transmitted using portable equipment used on life-saving appliances connected to the main ship's antenna.
2.1.3 Another means of alerting ships in the vicinity can be an emergency position beacon (EP1RB).
2.2.1 The most important components of a distress message are:
a) the name of the vessel.
b) location,
c) the nature of the disaster and the type of assistance needed,
c) any other information that may facilitate the rescue (eg heading and speed if the vessel is underway, intentions of the master, number of persons leaving the vessel, if any, type of cargo, if dangerous).
2.2.2. In addition, it is very important to provide the following information:
(a) weather in the immediate area of the disaster, wind direction and strength, waves and swells, visibility, presence of navigational hazards (eg icebergs);
(b) the time of leaving the ship,
(c) the number of crew members remaining on board, (c) the number seriously injured,
(e) the number and type of life-saving appliances launched, (1) emergency means of locating on life-saving appliances or at sea,
(e) course and speed, as well as any changes thereof (when the emergency ship is under way, and in particular while maintaining full or partial use of the main engines and steering gear).
2.2.3. If it is necessary to provide medical assistance to a sick or injured crew member, additional information should be provided below. In some cases, other information may be required.
To overcome the language barrier, the signals specified in Chapter 3 of the International Code of Signals may be used. If it is necessary to evacuate a sick or injured crew member, all aspects of such an operation must be carefully weighed against both the person in need of assistance and the rescuer.
When removing a patient, the following must be indicated:
(a) the patient's last name, age, sex, nationality, language,
(b) respiration, pulse rate, body temperature and blood pressure,
(c) localization of pain,
(c) the nature of the disease or injury, including external signs and medical history,
(f) symptoms.
(f) the type, timing, form and amount of drug therapy,
(g) time of last meal,
(g) the patient's ability to eat, drink, move or be transportable,
(h) the presence on board of a ship's first-aid kit of a doctor or trained medical personnel,
(i) availability on board of a suitable place for helicopter landing or recovery operations
(j) the name, address and telephone number of the shipping agent,
(j) last port of call, next port of call and expected time of arrival there,
(m) other substantive comments.
2.2.1 It is generally not possible to include all distress information in the initial message. The frequency of successive transmissions is determined by the circumstances. In general, if time permits, preference should be given to short messages rather than one or two long ones.
2.3. Direction finding and guidance
2.3.1. After transmitting a distress message on 500 kHz, two dashes lasting from 10 to 15 seconds each should be transmitted, followed by the ship's call sign, which will allow coastal direction-finding stations and ships to take a bearing. This transmission should be repeated regularly at regular intervals 232.
In cases where the frequency 2182 kHz is used, similar actions should be carried out, consistently repeating the call signs or the name of the vessel or a long digital count instead of the two dashes mentioned above.
2.4. Cancellation of a distress message
2.4.1. In all cases where there is no need to rescue people or continue the search, the distress message should be cancelled.
2.5.Training
2.5.1. It is essential that all means used to indicate the position of a ship in distress or life-saving appliances are used properly. Broadcasts should begin as early as possible, and items such as flares and flares should be held in reserve until they are found to attract the attention of nearby ships or aircraft. that as many crew members as possible are able to properly use all the devices designed to ensure their safety.
Providing assistance to those in distress on the water is an important skill that must be possessed in life. Tragic incidents on water bodies occur regularly, not only during trips to the seas and oceans, but also while relaxing on small water bodies. The skills of rescuing a person drowning in water can be useful to everyone.
Sad statistic
Recreation on the water attracts many people. But the blue surface is fraught with many dangers. You need to be ready for this. Providing assistance to those in distress on the water can help you in the most unexpected situations.
In Russia, there are statistics according to which about 14 thousand people drown every year. Of these, about three and a half thousand minors.
Therefore, it is very important, being near the water, to remember the main safety rules yourself, and also to be ready to help others. Human life often depends on this.
Help with drowning
Rescuers distinguish two main stages at which it is necessary to competently and timely organize the provision of assistance to those in distress on the water. Life safety is a subject on which teenagers are taught the basics of safe life at school.
First, you need to start water rescue. While the drowning person is still conscious. At this stage, the rescuer will have to take active steps, while not forgetting to stay on the surface himself. At this stage, there is a real prospect of avoiding tragedy or serious consequences and getting off, as they say, with a slight fright.
Otherwise, the second stage may come, when panic prevails. In this case, both the drowning person and the rescuer will have to fight for their lives.
How to save a drowning man?
The provision of assistance to those in distress on the water must begin with the fact that the rescuer must clearly understand for himself where the nearest point is located, to which he can transport the victim. It can be both at sea and on land. And also track the speed of the current, the direction of the wind and the depth at which everything happens. Remember that if you are not confident in your abilities, then it is better not to rush to help, but try to find someone who is guaranteed to be able to help. After all, if you, for example, do not know how to free yourself from capture and safely transport a person to the shore, then for you this expedition may end fraught.
Assistance to those in distress on the water is advised to start in three different ways. The first. You should swim up to a drowning person from behind and grab his shoulders.
Another option. The rescuer comes face to face with the person who needs help. Two or three meters before him, he dives under the water, grabs the drowning man by the torso and, with a sharp push upwards, turns him back to himself. So it is possible to quickly transport it to the shore, and the victim in a panic will not be able to prevent you from saving him.
The third way. Often his working off ends with a standard lesson for rescuers. Rendering assistance to those in distress on the water in this case is required by a person who has already gone to the bottom. Then the rescuer needs to swim up to him as close as possible, comfortably grab him and, pushing off with both legs from the bottom, abruptly swim out together with the drowning person. Of course, this method is applicable only if the disaster occurs at a shallow depth.
Release from grips
Often the victim himself can interfere with his salvation. Often, due to elementary panic, it is extremely difficult to provide assistance to those in distress on the water. The message that a drowning person gives about his plight, as a rule, is expressive. Therefore, when a savior approaches him, he can, in a panic, without controlling himself, drag the second person after him.
Therefore, it is important to know how to quickly release and get ashore. If you are grabbed by both hands, you need to clench your fists, gjckt make a sharp jerk up, and then grab the victim more securely.
If the capture occurred from below, then take your hands sharply down and immediately to the sides. If the victim grabbed you by the torso and prevents you from moving to the shore, put your palm on the chin or nose of the victim and sharply push away from you.
When grasping from behind by the neck, grab the left hand of the victim with your right hand, and with your left hand, grab him by the elbow. After that, quickly throw your hand, while turning the drowning person away from you.
Providing first aid to those in distress on the water
After the victim is delivered to the shore, it is necessary to provide him with first aid. Even before the arrival of professional doctors. If you wait a long time for doctors, and tragedies on the water often occur far from civilization, all your efforts may be in vain and the person will still die, having swallowed water.
First of all, free the victim from clothing that may interfere with his breathing. Then carefully clean the oral cavity from silt and sand, if any. This is best done with a finger wrapped in a handkerchief or other cloth that is at hand.
The rules for helping those in distress on the water say that if the person you rescued does not come to his senses, and his teeth are tightly clenched, then you need to unclench them. For example, a wooden stick.
In order to free the victim's stomach and lungs from water, place him with the lower edge of the sternum on your thigh, bent at the knee. With one hand, hold your chin, and with the other, apply methodical blows between the shoulder blades. After removing the bulk of the water, proceed to artificial ventilation of the lungs. In parallel, do not forget to massage the heart.
At the same time, pay attention to the condition of the victim. If it is pale, and there is no foam or water in the mouth and face, then the water should not be removed. In this case, throw back his head and immediately begin breathing in the mouth-to-mouth method, accompanying him with an artificial heart massage.
To do this, lay the person on his back, placing a roller of clothes or improvised devices under the shoulder blades. Its height must be at least 15 centimeters. Get on your knees yourself, tilt the head of the victim as far as possible, and pinch his nose with your hand. Get plenty of air into your lungs and blow it through a handkerchief or gauze into the lungs of the person you just saved. If his chest expands noticeably at the same time, then you are doing everything right.
Indirect cardiac massage
An indirect heart massage is an extremely effective method, often thanks to it, helping those in distress on the water brings success. Briefly, it can be described as follows.
The rescuer intensively blows air into the victim's respiratory tract, and when he takes a passive breath, he makes 3-5 sharp pressures on his chest. At the same time, his left hand palm should be located on the lower part of the sternum, and his right hand should be placed on top.
Pressing must be done sharply, pressing on the sternum with all the force. Your ultimate goal is to move it a few centimeters towards the spine. Only in this case you will succeed.
If you started to sink
Try to start moving towards the shore or the nearest vessel if the accident occurred on the high seas. Do not forget that you need to spend your energy sparingly, do not waste it on unnecessary sudden movements that will only tire you. Lie down on your back and rest from time to time, so you can stay on the surface longer. If at the same time you realize that you won’t be able to get to the shore on your own, while resting, raise your hands up and attract attention to yourself.
Cramps while swimming
A cramp can overcome anyone, even an experienced swimmer. Therefore, it is necessary to be prepared for it and know how to act in this situation. Even if nothing like this has ever happened to you.
As soon as you feel a cramp, immediately roll over onto your back and lie down on the water. In this position, there is a chance that the muscles will come to their senses, and you will not waste extra strength trying to get out, while the cramp twisted one of the parts of the body.
If the cramp has overcome the anterior thigh muscle, straighten the leg as much as possible and stretch the toe forward as far as you can.
If the cramp is in the calf muscle, then straighten your leg and pull the toe towards you. The same advice is suitable if the hamstring is affected. In the event that the cramps are so strong that the leg does not straighten on its own, help it with the help of your hands. Once the cramps have passed, do not try to swim to shore right away. First, rest, gain strength, and only then return to land.
Helping those in distress on the water in winter
Falling into the water in winter is one of the most dangerous situations that can happen to you on a pond. To avoid it, remember that before you go out on the ice, carefully consider what you will do in case you find yourself under water. Any items you carry with you, such as a backpack, should be easy to remove and throw away.
If you do fall under water, quickly find a foothold. It can be an ice floe, a stone or branches of a bush. Wait a couple of minutes until the most unpleasant sensations from ice water pass. Suppress your panic, adjust your breathing, when you stop feeling cold, start to get out. Carefully, you can crawl out onto an ice floe or cling to some vegetation and get ashore.
Of course, it will be safest to go on the ice with at least two people.
