UDK: 343.346

Valeriy An. Novikov - Candidate of Law, associate professor, Russian University of Transport (MIIT)

Valentina Iv. Shiyan - Candidate of Law, associate professor, Russian University of Transport (MIIT)

Abstract. One of the priority areas of state policy and an important factor in ensuring sustainable socio-economic and demographic development of the Russian Federation is improving road safety, aimed at preserving the life, health, and property of citizens. The current paper has presented the results of a study of regulatory legal acts, materials of judicial practice, scientific works, and official statistics for the period from 2015 to 2022 about crimes provided for in Art. 264.1 of the Criminal Code of the Russian Federation, large-scale sociological studies on the level of personal security. There has been paid attention to modern trends (among the main ones is a noticeable increase in registered crimes provided for in Article 264.1 of the Criminal Code of the Russian Federation, and the persons who committed them, their growth rates, as well as the number of convicts, etc.) and the regional aspect. There have been identified leaders of criminal statistics by the number of registered crimes under Art. 264.1 of the Criminal Code of the Russian Federation. There have been considered the most pressing and controversial issues of criminal liability for repeated driving of a car, tram or other mechanical vehicle while intoxicated after bringing a person to administrative responsibility for a similar act or a person with a criminal record for committing crimes under Parts 2, 4, 6 of Art. 264 or Art. 264.1 of the Criminal Code of the Russian Federation. There have been analyzed such legal concepts as “driving a mechanical vehicle”, “state of intoxication”, “authorized official”, “person with a criminal record”, which the legislator uses as crime-forming characteristics in these crimes. The emphasis has also been made on the state of intoxication caused by “other substances”, the problems of the algorithm for passing a medical examination for intoxication. There have been given the recommendations on the qualification of crimes provided for in Art. 264.1 of the Criminal Code of the Russian Federation.

Keywords: driving a car, tram, or other mechanical vehicle; state of intoxication; a person subjected to administrative punishment; a person with a criminal record; authorized official.

References:

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