Criminal-Legal and Procedural Issues of the Investigator’s Activity in the Investigation of Crimes Under Article 264 of the Criminal Code of the Russian Federation

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Abstract

The article deals with the topical issues of theory and practice arising in the investigation of criminal cases initiated on the facts of traffic accidents (Article 264 of the Criminal Code of the Russian Federation), as a result of which several persons were injured, who suffered serious, and others moderate or light harm to health. On the example of the Belgorod region, it is analyzed the practice of the preliminary investigation bodies of bringing both criminal and administrative responsibilities for the same actions related to traffic violations caused a traffic accident and the onset of several different consequences. At the same time, it is being considered the separate criminal procedural aspects under the procedural status of victims of the crime who have suffered moderate or minor harm to health in the criminal case. The authors’ opinion is substantiated on the inadmissibility of maintaining law enforcement investigative practice, which allows bringing a person to responsibility twice for one act being one event, even with having of both consequences for which criminal and administrative responsibilities is provided. The authors also propose the specific actions to form an appropriate investigative practice ensuring the correct application of the norms of the criminal procedure law, as well as legislation providing for criminal and administrative responsibilities for the commission of traffic rules as a result of a single fact.

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About the authors

Alexander N. Alexandrov

Belgorod Law Institute of the Ministry of Internal Affairs of Russia named after I.D. Putilin;

Author for correspondence.
Email: alexander788@mail.ru
Scopus Author ID: 204421

Cand.Sci.(Law), Police Colonel, Associate Professor of the Department of Criminal Procedure

Russian Federation, Belgorod

Anna S. Limar

Belgorod Law Institute of the Ministry of Internal Affairs of Russia named after I.D. Putilin;

Email: ani.limar@yandex.ru

Cand.Sci.(Law), Police Major, Senior Lecturer of the Department of Criminal Law Disciplines

Russian Federation, Belgorod

References

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