In Stupino near Moscow, an investigation into the death of five-year-old Oleg Gusev, who suffocated in the car, is underway. According to preliminary data, the boy's mother, Olesya Yeletskova, left him alone in the salon with locked doors and closed windows for two hours - when she returned, the boy had already died. A criminal case was initiated.
Portal Moscow 24 found out from experts what threatens parents for leaving their children in danger and how the increasing cases of negligence can be prevented.
Auto lawyer Sergei Radko said that according to the law, children under 7 cannot be left alone in the car.
"Clause 12.8 of the SDA was amended last year, which prohibit leaving a child under the age of 7 years in the vehicle while it is parked in the absence of an adult. It turns out that it is possible to leave a child over 7 years old, and this does not violate traffic rules.. If a child under 7 years old is left in the car while parking, then this is a violation, which is punished, first of all, under the administrative code as a violation of parking rules in Moscow. For this, there is a fine of 3 thousand rubles, "- said Radko.
He drew attention to the difference in the concepts of "stopping" and "parking" a vehicle. "Parking is a stoppage of traffic for more than 5 minutes. If the traffic police officer saw that there is a child under 7 years old in the car, then he can check the time, and if it is more than 5 minutes, then this is a violation. If less than 5 minutes is not parking, so there is no violation here, "the expert explained.
Radko stressed that if a child, even over 7 years old, was left by his parents in a car in the sun, this could become a criminal offense (Article 125 of the Criminal Code of the Russian Federation "Leaving in Danger").
"The maximum punishment is imprisonment for up to 1 year. It should be understood that if the parents have committed such actions against the child, the question of restricting or depriving parental rights may be raised," said the interlocutor of the Moskva 24 portal.
Radko added that it is only possible to speak of being left in danger if there is evidence that such abandonment of the child in the car really threatened him with danger.
"You can leave the air conditioner turned on in the car and open the windows, that is, in each case it is necessary to decide individually. If the child is locked in the sun in the car and left - of course, this is leaving in danger. If the child was left in a normal environment and nothing threatens him," it is unlikely that we are talking about leaving in danger, "- explained the expert.
Leaving a child alone in a car can threaten parents with administrative responsibility.
If a child was found left alone in the car, the car lawyer advised not to take any action on his own, but to call the police.
"I would not advise you to act on your own, because there is a very thin line between saving a child, when he may not be in danger, and damaging someone else's property. If the car is in the heat and is hot, the police should be called immediately. It is better to call a little earlier than be late, "Radko thinks.
How to avoid Vladimir Novitsky, President of the Russian Section of the International Society for Human Rights, notes that leaving children or animals for a long time in closed cars with limited airspace is associated in 9 out of 10 cases with "gross negligence."
"One of the necessary preventive measures, which should be - when teaching driving, in addition to technical skills, additional knowledge should be given about the safety of passengers, including about a car left with someone inside," the expert noted.In his opinion, it is necessary to conduct a public campaign to notify citizens about the danger of such cases.
At the same time, Novitsky noted that we are not talking about toughening responsibility. "In fact, this is a path to nowhere. Anyway, someone will forget and commit such actions through inattention, stupidity. First of all, a warning," he said.
The expert added that it might be advisable at the regulatory level to provide for a "special radio beacon" when transporting a child in a car, which would signal the car owner and turn on an audible alert for others if the child is alone in the car for more than 10-15 minutes.
Criminal law specialist Kirill Yakovlev pointed out that such a problem exists all over the world and occurs due to the fatigue of parents and their carelessness.
"Tightening the punishment will not give anything, for a parent it is already a tragedy when a child dies through his fault," the expert notes. In his opinion, tougher punishment is not a panacea in the fight against crime. "In the Scandinavian countries the lightest punishment and the lowest crime, in the countries with the harshest punishment (the United States and Russia), crime is high. I think these things are related," Yakovlev said.
According to the lawyer, it is easier to introduce preventive measures - for example, to increase fines for leaving a child in a car. "People will start to think, but for now this happens with impunity. Now you cannot leave until the age of 7. But they do it anyway, I myself constantly see, especially at the stores there are cars, the child sleeps in an armchair. Crime must be fought before it happens, for prevention is needed, "the interlocutor of the portal Moscow 24 concluded.
“Their parents are responsible for the children. If they approach their mission more responsibly and consciously, then we can avoid such tragedies. This is the criminal negligence of the parents,” said Ksenia Mishonova, Ombudsman for Children's Rights in the Moscow Region. She recalled that criminal liability has already been introduced for leaving a person in danger.
As for the punishment, Mishonova noted that there was no need to toughen it up. "More than she (mother) has punished herself now, it is difficult to punish her," explained the Ombudsman for the Rights of the Child in the Moscow Region.
Lyudmila Bukalerova, the head of the department of criminal law, criminal procedure and forensic science at the RUDN University, believes that it is necessary to conduct public service announcements about how dangerous it is to leave children in a locked car.
"Parents should understand that there is a danger. Maybe they did not know what the temperature regime is in the car, maybe it is necessary to talk about it more often. We do not have social advertising and there are no educational programs for parents," the expert noted.
In her opinion, increased responsibility will not in any way affect the solution of the problem. “There is no worse grief than losing a child for parents,” Bukalerova concluded.