<<
>>

the Conclusion under the paragraph:

the Decision of a question on correct qualification of a road and transport crime quite often depends on accuracy otgranichenija structures of article 264 UK the Russian Federation from adjacent and other structures of crimes.
Besides, one of the major questions is carrying out of distinctions between road and transport crimes and other kinds of offences not punishable, made on motor transport. , 39Пикуров N.I.qualification of road and transport crimes. The manual. - Volgograd: VA the Ministry of Internal Affairs of Russia, 2001. With. 49 - 50. 133 Character of the criminal actions (inactivity) provided in item 264 UK the Russian Federation, comparison of the specified norm to others adjacent (item 267 item, 268 269 UK) and other articles (item 109 item, 118, 125, 143) the Criminal code testify that it provides a liability of infringement of rules of traffic or operation of the vehicles, the entailed causing on imprudence of heavy harm zdorovyo (ч.1, item 264 UK), death of the person (ч.2, item 264 UK), death of two or more persons (ch. Z, the item 264УК). In it specificity of road and transport crimes consists. Infringement corrected: safety of maintenance service of transport, safety of work in vrehmja repair, refuelling by fuel of the specified types of transport or manufacture of cargo handling works, the Russian Federation as in these cases there is no encroachment on traffic safety cannot be qualified under item 264 UK. Therefore for correct qualification of the crime provided by item 264 UK the Russian Federation and otgranichenija it from adjacent and other structures of crimes it is necessary to define character of incident truly: whether it is connected or not with traffic, whether transport function was carried out thus by the driver or it is a question of infringement of traffic safety rules by it, or incident concerns manufacture agricultural, civil work, or to performance of other technological operations not connected with movement of a vehicle and regulated by safety precautions regulations or norms of other normative acts, not concerning traffic and operation of vehicles. As to differentiation of road and transport crimes from the administrative offences still causing difficulty to practice, the corresponding analysis of corresponding norms of the criminal and administrative legislation allows to draw a conclusion, that 134 The basic differentiating sign here is social danger degree sodejannogo, depending on a number of the moments, including from presence or absence of consequences as a result of the admitted infringements. The criminal liability for a road and transport crime unlike administrative offence, comes not for the fact of infringement of rules of traffic, and for such infringement which has entailed causing of heavy harm to health or  destruction of people. In investigatory and judiciary practice incorrect qualification of the criminal actions having external (superficial) signs of road and transport crimes of item 264 UK the Russian Federation, but as a matter of fact being crimes against a life and health (item 109 and 118 UK the Russian Federation) takes place; leaving in danger (item 125 UK the Russian Federation), infringement of rules of a labour safety (item 143 UK the Russian Federation), infringement of safety rules at conducting mountain, building or other works (item 216 UK the Russian Federation). Special cases are at what causing of death or heavy harm to health of the victim was covered by intention guilty, using a motor vehicle as the instrument of crime. Depending on the come consequences, sodejannoe the Russian Federation is qualified on item 105 or item 111 UK. In the same cases when guilty two independent crimes are consistently committed, one of which was road and transport, and another against a life or health, its actions come under to qualification on sets of item 264 and item 111 UK the Russian Federation. The basic complexity of qualification usually consists that, as a rule, road and transport crimes are made at mutual actions not only the several persons participating in traffic, but is frequent two or more persons operating vehicles. 135 Correctly to qualify criminal action it is necessary to establish objective and subjective signs with all accuracy. The inspector in the decision about attraction as convicted and in the bill of particulars, and the judge - in a sentence are obliged to specify, which rules of traffic and operation of vehicles have been broken by the guilty person in what this infringement was particularly expressed and whether it consists in a causal relationship with the come criminal consequences, and also to state the road accident mechanism. 136
<< | >>
A source: PERFILOV VLADIMIR PAVLOVICH. Theoretical and practical questions of criminally-legal qualification of infringements of rules of traffic and operation of vehicles / the Dissertation / Moscow. 2008

More on topic the Conclusion under the paragraph::

  1. the Conclusion under the paragraph:
  2. the Conclusion under the paragraph:
  3. the Conclusion under the paragraph:
  4. the Third paragraph is devoted disputes on the conclusion, change, cancellation and a recognition valid contracts, a recognition consequence insignificant the transactions which subject are budgetary funds.
  5. Conclusions under the paragraph:
  6. Conclusions under the paragraph:
  7. Paragraph 3. The right to the location of the legal person
  8. Paragraph 1. The right to the name of the legal person
  9. Paragraph 2. The right to a commercial designation
  10. Paragraph 2. The right to the name of a place of an origin of the goods
  11. the first paragraph «the Bodies, authorised to carry out administrative investigation»