UDK: 342.9

Aleksandr S. Parshakov - Candidate of Law, Associate Professor, Russian University of Transport (MIIT), Reserve Colonel of Justice, Honorary Worker of the Prosecutor’s Office of the Russian Federation, Moscow, Russia

Abstract. The current paper has considered the problematic issues of qualification of violations of machine driving or operating rules and other military transport crimes in the context of special military and counter-terrorist operations. There have been presented the arguments and substantiated the establishment of criminal liability for violation of machine driving or operating rules, as well as violation of flight rules or preparation for them, violation of navigation rules and leaving a sinking warship, committed during mobilization or martial law, wartime or in conditions of armed conflict or when conducting warfare. There has been emphasized that despite the low prevalence of crimes of this type, as a rule, such acts entail major material damage and large human casualties, which determines the relevance of the study of this type of crime, investigative and judicial practice on the application of Article 350 of the Criminal Code of the Russian Federation and problems associated with their qualification. There has been proposed to introduce the qualifying feature “during mobilization or martial law, wartime or in conditions of armed conflict or when conducting warfare” into the norms of military criminal legislation into the composition of the military transport crimes under investigation, which will be a serious step towards further improving the norms of criminal legislation and eliminating the lack of regulation of issues of criminal liability for crimes committed in wartime.

Keywords: traffic safety; military machine operation; mobilization; martial law; wartime; warfare; special military operation; counter-terrorist operation.

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Parshakov A.S. Violations of the rules for military machine driving and operating during special military and counter-terrorist operations: qualification issues// Transport law and security. 2025; (1(53)):106―111.