Administrative punishment as a sign of the subject of a traffic crime
Автор: Baranchikova M.V.
Журнал: Правопорядок: история, теория, практика @legal-order
Рубрика: Уголовное право и процесс
Статья в выпуске: 4 (39), 2023 года.
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The study of the prerequisites for criminalization, public danger and the specifics of new types of road traffic crimes provided for in Articles 264.2-264.3 of the Criminal Code of the Russian Federation demonstrates the peculiarities of their legislative registration and identification. Despite the fact that the threat of death or injury to people as a result of repeated most dangerous types of traffic violations is probabilistic in nature, studies confirm that its potential inevitably translates into more dangerous maneuvers that threaten or cause real harm to road safety. The article shows that the establishment and differentiation of criminal liability in relation to persons subjected to administrative punishment for repeated violation of traffic rules in the form of a significant excess of the speed limit, driving into the oncoming lane, driving a vehicle in a state of deprivation of rights to such management, are associated with the need to solve problems of a qualifying and organizational nature.Special attention is paid to the mandatory feature of subjects of road traffic crimes in the form of “administrative punishment” and its specifics. The necessity of a uniform interpretation of the features of a person as subjected to administrative punishment and deprived of the right to drive a vehicle fixed in criminal law norms is substantiated.
Deprivation of the right to drive a vehicle, criminalization, repeated violations of traffic rules, a person driving a vehicle, administrative punishment, systematic, prejudice, traffic crime
Короткий адрес: https://sciup.org/14129376
IDR: 14129376 | DOI: 10.47475/2311-696X-2023-39-4-52-57