Problems of Criminal Law Regulation of Violations of Requirements in the Sphere of Transport Security
- 作者: Gadzhieva A.A.1,2, Suleymanova M.S.1
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隶属关系:
- Dagestan State University
- Dagestan State University of National Economy
- 期: 卷 18, 编号 6 (2022)
- 页面: 120-124
- 栏目: Articles
- URL: https://journals.eco-vector.com/2541-8025/article/view/545913
- ID: 545913
如何引用文章
详细
The article considers the controversial issues of objective and subjective signs of the corpus delicti in the form of violation of requirements in the sphere of transport security. There is a discrepancy between the title of the article and the disposition of the crime in the form of violation of requirements in the sphere of transport security. The author’s attention is focused on the blankness of the disposition of this composition and, accordingly to it the difficulties of interpreting the signs of its objective side are characterized. Analysis of the construction of the disposition of the analyzed crime excludes the possibility of performing the objective side of this crime through the active actions, which is mistaken. Therefore, it is proposed to change the disposition of the article 263.1 of the Criminal Code of the Russian Federation cause the violations of the transport security requirements can be also committed through some active actions. Special attention is paid to the problems of the subject and the subjective side of this crime. The author of the article gives the approximate list of subjects of violation of requirements in the sphere of transport safety and proposes the application of subsidiary responsibility of the owner and owner of the vehicle. A critical assessment of the group forms of this crime is given and it is stated that it is can’t be committed as an accomplice because this crime is characterized by a careless form of guilt.
关键词
violation of requirements, non-fulfillment of transport security requirements, classification of violations of transport security requirements, subject of violations of transport security requirements, circle of subjects violating requirements, subjective side of transport security violations, group forms of violations of transport security requirements
作者简介
Ajsha Gadzhieva
Dagestan State University; Dagestan State University of National Economy
Email: aisans@mail.ru
Cand. Sci. (Law), Associate Professor; Senior Researcher at the Scientific Research Institute of Management, Economics, Politics and Sociology Makhachkala, Russian Federation
Muslimat Suleymanova
Dagestan State UniversityMaster's student of the Department of Criminal Law and Criminology, Law Institute Makhachkala, Russian Federation
参考
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