Problematic issues of establishing the sign of “leaving in danger” (on the example of crimes under art. 125 and art. 264 of the Criminal Code of the Russian Federation)

Based on an analysis of the doctrine of criminal law, changes in the Criminal Code of the Russian Federation, clarifications of the supreme court, materials of specific judicial practice related to the consideration of issues of qualification of traffic violations associated with the place of its commission (clause “b”, part 2, clause “b” part 4, clause “b”, part 6 of Article 264 of the Criminal Code of the Russian Federation), the author establishes the main problematic aspects in terms of the relationship between the crime under study and leaving in danger (Article 125 of the Criminal Code of the Russian Federation). Based on the results of the study, it is proposed to include in the current Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 9, 2008 № 25 (as amended on May 24, 2016) “On judicial practice in cases of crimes related to violation of traffic rules and the operation of vehicles, as well as their illegal possession without the purpose of theft” additional clarifications revealing the rule for qualifying violations of traffic rules and operation of vehicles associated with leaving the place where accident occurred and leaving it in danger. Such provisions will promote uniformity in law enforcement activities and help avoid mistakes in qualifications for these categories of crimes.