Agapov P., Motin O. The qualification and public legal grounds for distinguishing of the deterioration of vehicles or communications from other crimes and offenses
Agapov P. - doctor of law, associate professor, professor of the department «Criminal law, criminal process and criminalistics» of Law Institute Russian University of Transport
Motin O. - ph.d in law, associate professor of the criminal law and procedure Moscow City Pedagogical University
Abstract. In the article, the rules of qualification and delimitation of the deterioration of vehicles or communication from other crimes and offenses are systematized and considered taking into account the existing public law norms. As a result, measures are proposed for the uniform application in practice of the norms, provided for in Art. 267 of the Criminal Code of the Russian Federation, as well as to minimize damage from transport crimes.
Keywords: qualification; deterioration of vehicles; disrepair of communication routes; public legal grounds.
- Buchanan, A. Crimes against security of traffic demand adequate punishment / Bu-chanan A., Trefilov A. // Law-ness. — 2005. — № 9.
- Elinsky, V. I. Features of the organization of investigation of criminal cases on transport accidents on railway transport / V. I. Elinsky, p. N. Kotkin // Russian in-vestigator. — 2010. — № 12.3. For the year on the railway crossings killed in an ac-cident 49 people // http://www.zr.ru/a/400541/
- Koricheva I. V. Criminal responsibility for the enforcement of inoperable vehicles or means of communication : avtoref. dis. ... kand. the faculty of law. sciences'. — M., 2004.
- Summary of judicial practice in criminal cases on crimes against traffic safety and transport operation for 2011 // http://oblsud.tula.sudrf.ru/modules.php?name= docum_sud&id=1290.
- Determination Of the judicial Board in criminal cases of the Supreme Court of the Russian Federation № 6kp096-30 in the case M. // Review of the judicial practice of the Supreme Court of the Russian Federation for the first quarter of 1997 (crimi-nal cases), approved by the Presidium of the Supreme Court of may 14, 1997.
- Determination of the judicial Board on criminal cases of the Ivanovo regional court of January 25, 2005 in the case of T. // Review of Supervisory and cassation prac-tice of criminal cases by the Ivanovo regional court in the first quarter of 2005 // http://www.oblsud.ivanovo.ru/view.php?fn=content/suddoc/sudpraktika/u2005_1.
- A full course of criminal law in 5 vols / ed. by A. I. Korobeev. — Vol. IV: Crimes against public safety. — SPb. : R. Aslanov's publishing house «Legal center Press», 2008.