UDK: 343

Yuliya P. Popova - Candidate of Law, associate professor of the department of criminal law disciplines of the Institute of State and Law of the Tyumen State University

Abstract. The current paper has presented the analysis of the subjective side of criminal offenses in transport. There has been noted that basically the legislator associates a careless form of guilt with “transport” crimes, since it directly indicated it in the dispositions of restrictive norms, others could be committed only with direct intent, since the legislator described them in the form of so-called formal compositions. There are several crimes against traffic safety and the operation of transport, and the literal interpretation of the articles in which they are enshrined does not allow us to unequivocally say what form of guilt they imply. All mentioned above applies to parts 3 and 4 of Art. 263.1, parts 2, 4, 6 art. 264 and Art. 267 of the Criminal Code of the Russian Federation. There has been defined recklessness of the legislator, who included in the qualified corpus delicti such a reckless crime as violation of requirements in the field of transport security, such forms of complicity as a group of persons in a preliminary conspiracy and an organized group. This legislative novel was not caused by existing law enforcement practice. Moreover, it is contrary to the doctrine of criminal law. After all, complicity according to Art. 32 of the Criminal Code of the Russian Federation is possible only in intentional crimes. There has been proposed to exclude these qualifying signs from Art. 263.1 of the Criminal Code of the Russian Federation. The design of such a reckless crime as violation of traffic rules and the operation of vehicles does not correspond to the traditional concept of guilt. Since it includes in compositions with aggravating circumstances such signs as intoxication, leaving traffic accident scene, which provide for the deliberate behavior of the perpetrator. There has been proposed to exclude these qualified compositions from Art. 264 of the Criminal Code of the Russian Federation, as well as to supply the Criminal Code of the Russian Federation with an independent Art. 264.2. In Art. 23 of the Criminal Code of the Russian Federation there is necessary to mark the state of any type of intoxication as an aggravating circumstance. In addition, there has been proposed to include Art. 68.1, which would provide for specific limits of punishment for any crime committed under the effect of any kind of toxins. After the additions made by the Federal Law of December 30, 2020 No. 526-FZ “On Amendments to Article 267 of the Criminal Code of the Russian Federation”, there has been ambiguously determined the subjective side of such a crime as disabling vehicles or communication lines. The paper has proved the mixed form of guilt in Part 1 of Art. 267 of the Criminal Code of the Russian Federation and the double form of guilt in qualified compositions of parts 2-6 of Art. 267 of the Criminal Code of the Russian Federation. Deliberate blocking of transport communications, transport infrastructure facilities or obstruction of the movement of vehicles and pedestrians on the communication routes, road network, if these acts created the threats described in the norm, have been proposed to introduce in a separate article 266.1 of the Criminal Code of the Russian Federation.

Keywords: form of guilt in transport crimes; violation of requirements in the field of transport security; violation of traffic rules and vehicle operation; disabling vehicles or communication lines.

References:

1. Agapov, P. V. Kvalifikatsiya i publichno-pravovyye osnovaniya razgranicheniya privedeniya v negodnost' transportnykh sredstv ili putey soobshcheniya ot inykh sostavov prestupleniy i pravonarusheniy [Qualification and public-legal grounds for differentiating the disabling of vehicles or means of communication from other corpus delicti and offense] / P. V. Agapov, O. A. Motin // Transportnoye pravo i bezopasnost'. — 2018. — № 2(26). — S. 105—115.
2. Korisheva I. V. Ugolovnaya otvetstvennost' za privedeniye v negodnost' transportnykh sredstv ili putey soobshcheniya : avtoref. dis. ... kand. yurid. nauk [Criminal liability for making vehicles or communication lines unusable] / I. V. Korisheva. — Moskva, 2004.
3. Parshakov, A. S. K voprosu ob osobennostyakh ugolovno-pravovogo regulirovaniya bezopasnosti dorozhnogo dvizheniya i ekspluatatsii transportnykh sredstv voyennosluzhashchikh [To the question of the peculiarities of criminal law regulation of road safety and the operation of military vehicles] / A. S. Parshakov // Transportnoye pravo i bezopasnost'. — 2018. — № 3(27). — S. 53—59.
4. Popova, YU. P. Kak novaya redaktsiya stat'i 267 Ugolovnogo kodeksa Rossiyskoy Federatsii povliyayet na kvalifikatsiyu pravonarusheniy [How will the new version of article 267 of the Criminal Code of the Russian Federation affect the qualification of offenses] / YU. P. Popova // Transportnoye pravo i bezopasnost'. — 2021. — № 1(37). — S. 82—90.
5. Popova, YU. P. Problemy ugolovnoy otvetstvennosti za ostavleniye mesta dorozhno-transportnogo proisshestviya [Problems of criminal liability for leaving the site of a road traffic accident] / YU. P. Popova // Uchenyye zapiski: Sbornik nauchnykh trudov Instituta gosudarstva i prava. Vyp. 3. — Tyumen' : Izd-vo TyumGU, 2002. — S. 103—110.
6. Stepanova, M. A. Tekhniko-yuridicheskaya konstruktsiya normy ob otvetstvennosti za privedeniye v negodnost' transportnykh sredstv ili putey soobshcheniya [Technical and legal structure of the rule of responsibility for making vehicles or communication lines unusable] / M. A. Stepanova // Yuridicheskaya tekhnika. — 2012. — № 6. — S. 503—506.
7. Tarasenko, V. V. K voprosu o depenalizatsii sostoyaniya op'yaneniya kak kvalifitsiruyushchego priznaka sostava prestupleniya, predusmotrennogo stat'yey 264 Ugolovnogo kodeksa Rossiyskoy Federatsii [On the issue of de-penalization of the state of intoxication as a qualifying sign of corpus delicti under article 264 of the Criminal Code of the Russian Federation] / V. V. Tarasenko // Transportnoye pravo i bezopasnost'. — 2020. — № 3(35). — C. 87—106.