Problems of Criminal Law Regulation of Violations of Requirements in the Sphere of Transport Security

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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.

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 University

Master's student of the Department of Criminal Law and Criminology, Law Institute Makhachkala, Russian Federation

参考

  1. Analysis of the current state of implementation of federal state control (supervision) in the field of transport security [Electronic resource] //https://sudact.ru/law/prikaz-rostransnadzora-ot-09122021-n-vb-1031fs-ob/prilozhenie-n-5/1/analiz-tekushchego-sostoianiia-osushchestvleniia-federalnogo_4/ date of application 27.11.2022
  2. Glushkov, S. A. Responsibility for violation of requirements in the field of transport security during sports and mass events / S.A. Glushkov, A. L. Santashov // Journal of Applied Research.-2021.-Vol. 1.-No. 3.-pp. 66-70.
  3. Knyazeva, E. A. On the question of objective features of Article 263.1 of the Criminal Code of the Russian Federation / E. A. Knyazeva, N.A. Knyazeva // Legal Science. -2019. -No. 11. -pp. 53-57.
  4. Koryakin, A.V. On some features of the investigation of the crime provided for in Article 263.1 of the Criminal Code of the Russian Federation (violation of requirements in the field of transport safety) / A.V. Koryakin // Transport law and Security. -2016. -№ 11(11). -Pp. 21-26.
  5. Larina, L. Yu. Problems of legislative regulation of criminal liability for violation of transport safety requirements / L. Yu. Larina // Actual problems of the state and law. -2018. -Vol. 2. -No. 7. -pp. 58-68.
  6. Perfiliev, A.D. Analysis of the dynamics of transport crimes over 25 years of the existence of the Criminal Code of the Russian Federation / A.D. Perfiliev, B. A. Karazhelyasov // Legal Science. -2021. -No. 1. -pp. 48-54.
  7. Decision of July 8, 2021 in case No. A56-63132/2020: SudAkt. [Electronic resource] // URL: https://sudact.ru/arbitral/doc/OIJQlgFl6tZf / [date of application 27.11.2022]
  8. Tarkhanov, I. A. The subjective side of crime and the reflection of its features in criminal legislation / I. A. Tarkhanov, R. R. Gayfutdinov // Scientific notes of Kazan University. Series: Humanities. -2020. -Vol. 162. -No. 2. -pp. 161-176.

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