Topical Issues of Combating Crime in the Field of Road Safety and Vehicle Operation

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The purpose of this study is to study the problematic issues of combating crime in the field of road safety and vehicle operation. The legislation provides for tougher criminal liability for crimes against road safety and safe operating conditions of vehicles. At the moment, a maximum term of imprisonment of up to 4 years is provided for such acts. In the event of the death of one person due to a traffic accident involving a driver in a state of intoxication, the measure of responsibility will be 5-12 years, whereas the current law defines a maximum period of 7 years. In case of a fatal outcome for 2 people or more in a similar situation, the driver may end up in prison for a period of 8 to 15 years, whereas the current legislation limits him to 4-9 years. Among other things, tougher penalties are expected for the same acts committed on other modes of transport, from the subway to aviation. Action of art. 263 of the Criminal Code of the Russian Federation will affect both persons operating aircraft, up to ultralight, and small-sized water transport. An increase in responsibility for such violations is also expected, which will correspond to similar acts in relation to a traffic accident, the culprit of which was in a state of intoxication. Also, it is assumed that actions committed by negligence will be attributed to the sphere of serious criminal acts, for which up to 15 years of imprisonment will be imposed. At the moment, this rule has already been put into effect. Regarding the crimes of the category under study, it is very important to establish a direct causal relationship between the violation and the consequences that it caused, however, with regard to the rules of operation of vehicles, this is much more difficult to implement than in terms of compliance with traffic regulations.

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作者简介

Alim Gutaev

Krasnodar University of the Ministry of Internal Affairs of Russia

编辑信件的主要联系方式.
Email: 89286910015@mail.ru

Police Senior Lieutenant, Lecturer of the Department of Organization of Law Enforcement, North Caucasian institute of professional development (branch)

俄罗斯联邦, Nalchik, KBR

参考

  1. Federal Law "On Road Traffic Safety" dated 10.12.1995 N 196-FZ [Electronic resource] // Access mode: https://www.consultant.ru/document/cons_doc_LAW_8585/.
  2. The Criminal Code of the Russian Federation of 13.06.1996 N 63-FZ [Electronic resource] // Access mode: https://www.consultant.ru/document/cons_doc_LAW_10699/.
  3. The Criminal Procedure Code of the Russian Federation of 18.12.2001 N 174-FZ // Access mode: https://www.consultant.ru/document/cons_doc_LAW_34481/.
  4. Gutaev A.M. On the issue of criminal legal assessment of persons driving vehicles in a state of intoxication // Gaps in Russian legislation. 2022. Vol. 15. No. 5. pp. 195-199.
  5. Phitikov R.B., Gutaev A.M. The basics of the emergence of a legal ban on driving a vehicle in a state of alcoholic intoxication // Eurasian Law Journal. 2022. No. 7 (170). pp. 416-418.
  6. Gutaev A.M. Legal bases of crime prevention in the field of road safety // Gaps in Russian legislation. 2021. Vol. 14. No. 3. pp. 154-157.
  7. Kusakin V.V. Some issues of the implementation of criminal law norms on responsibility for crimes in the field of road safety and transport operation // Legal Bulletin of Dagestan State University. 2019. Vol. 29. No. 1. pp. 110-118.
  8. Strilets O.V., Chernikova Yu.I. Objective and subjective signs of transport crimes // Actual problems of modern Russian law: materials of the VI International Scientific and Practical Conference. Nevinnomyssk, 2014. pp. 21-25.

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