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Theoretical base of research.

at a formulation of theoretical positions and scientific recommendations the author leant against works of domestic and foreign scientists: V.I.Zhuleva, V.S.Komissarova, V.I.Konopljanko, A.I.Korobeeva, V.V.
Lukjanova, V.I.Majorova, N.I.Pikurova, And. V.Piterkina, N. M.Svidlova, Ampere-second. Sentsova, G.Shtibinga, etc. Except scientific publications of the named authors, the conceptual basis of dissertational research is constructed with use of works of other known domestic scientists: M.I.Kovaleva, P.K.Krivosheina, L.L.Krug-likova, V.N.Kudryavtsev, N.I.Kulagin, V.V. Maltsev, And. V.Naumov, etc. ^ As empirical base of work the published are used Materials of judiciary practice of the Supreme Courts of the Russian Federation (RSFSR) and the former USSR, and also are analysed local judiciary practice of the Voronezh area for 1997-2004 (191 criminal case about the crimes provided by item 264 is studied, 268 UK the Russian Federation) and results of questioning of 120 practical workers of law enforcement bodies. In a certain measure the author of dissertation used also the personal experience of practical work at service in the State inspection of safety of traffic of the Ministry of Internal Affairs of Russia. ' • Scientific novelty of research consists that the dissertation jav - ljaetsja one of the first works of monographic character, in which clod - 7 pleksno criminally-legal problems of designing of structures of road and transport crimes and differentiation of responsibility of participants of traffic with use of modern achievements of the theory criminal, criminal procedure and administrative law, criminology, criminalistics, psychology taking into account last changes and the additions brought in the criminal legislation by Federal acts № 162-FZ from December, 8th 2003г are considered., № 73-FZ and № 74-FZ from July, 21st 2004г., and modern it is investigatory-judiciary practice applications corresponding criminally-rules of law in a new wording. Besides, to work give novelty aspects statement of separate general-theoretical and applied questions of the selected theme and author's variants of their decision. Scientific novelty of dissertational research is expressed also in the following substantive provisions which are taken out on protection: 1. As one of traffic elements environment (along with the person, a vehicle and road) which can be never completely subordinated to an ox of the person acts. Thereof also all process of traffic cannot be completely subordinated to an ox of the person so, in full to be object of management (regulation) of the state. As objects of management some rather independent elements of traffic (its economic basis, safety maintenance, etc. can act only.). 2. Among all variety of public relations arising in traffic priority for legal regulation are such which provide safety of traffic. 3. Traffic is an is social-significant activity on moving of people, cargoes or the process equipment with use of vehicles (or without those) and roads to the environment, provided with set of the public relations settled by rules of law concerning its protection from road and transport incidents. 4. 4. Safety of traffic, being complex mezhotrasle vym concept, can be considered and as the qualitative characteristic is given nogo the process, defined by degree (high or low) to security of its participants (and also all its components) from possibility of fulfilment of road and transport incidents and as socially significant purpose for which achievement there are the public relations, demanding the norm of tivno-legal regulation, and in this sense can be considered as rather independent purpose of law-enforcement activity on its maintenance.
(In criminally-legal value) it is necessary to understand real (actual) degree of its security as safety of traffic from possible threats of causing as a result of road and transport incidents of harm of a life or to health of an uncertain circle of persons, ecology, and also the property damage, provided with measures of economic, technical, organizational, social and legal character. 5. The basic direct object of road and transport crimes is set of the public relations settled by rules of law providing safety of traffic. 6. As one of structural elements in the mechanism of fulfilment of a road and transport crime emergency conditions — set of legally significant external circumstances arising in the course of traffic in which force the driver loses possibility to operate a vehicle so that to the full to provide traffic safety act. 7. Practically at fulfilment of each road and transport incident influence of casual external circumstances which quite often influence road accident and character of the come consequences takes place to some extent. Presence in emergency conditions (so and in the mechanism of fulfilment of road accident) influences of casual external circumstances defines specificity of road and transport crimes. 9 8. Emergency conditions in the objective party of structures dorozhno - crimes in transport represent itself as obligatory external a moustache lovy at which crimes of the given kind are committed. It makes direct impact on development of a relationship of cause and effect between infringement of rules of traffic and come harmful posled stvijami. 9. As one of criteria of criminalisation it is socially dangerous go infringements of safety rules of movement or operation of vehicles (along with careless injury to health or che loveka) it is expedient to life to restore the fact of careless causing of a large material damage at fulfilment of road and transport incident. Therefore severity level of caused harm to health of the person and (or) ha rakter the caused material damage should be used for between branch and intrabranch differentiation legal it is responsible sti for road accident fulfilment. 10. In the operating criminal legislation it is expedient to strengthen intrabranch differentiation of responsibility for fulfilment dorozhno - crime in transport. In these purposes the norms providing sosta you of road and transport crimes, it is offered to formulate in sle blowing edition: «Article 264. Infringement of rules of traffic and operation of vehicles 1. Infringement in the conditions of emergency conditions the person operating av tomobilem, tram or other mechanical vehicle, rules of traffic or their operation, entailed on careless sti causing of a large damage, — It is punished... 2. The same act which has entailed on imprudence causing by average tja of a tin or heavy harm to health sustained, — It is punished... 10 3. The same act which has entailed on imprudence death of the victim, — is punished... 4. The act provided by a part of first present article, entailed on imprudence death of two or more persons, — It is punished... The note. Other mechanical vehicles in present article are understood as the devices structurally intended for transportation of people, cargoes, the process equipment or performance of other works connected with traffic, equipped with own engine and subjects of obligatory registration in the state bodies, the order of movement and which operation is defined by Rules of traffic of the Russian Federation, and on management of them the official permission »is required. «Article 268. Infringement of the rules providing safe work of transport 1. Infringement in the conditions of emergency conditions the passenger, the pedestrian or other participant of movement (except the persons specified in articles 263 and 264 present Codes) of safety rules of movement or operation a trance of tailors of means, the causing which has entailed on imprudence large ushcher ba, — It is punished... 2. The same act which has entailed on imprudence causing by average tja of a tin or heavy harm to health sustained, — It is punished... 3. The same act which has entailed on imprudence death of the victim, — is punished... 4. The act provided by a part of first present article, entailed on imprudence death of two or more persons, — It is punished... ». And 11. The Russian Federation it is expedient to make the changes consisting in that the criminal cases provided by a part first predla - '* gaemoj article 264 UK the Russian Federation, and also a part of first offered article 268 UK the Russian Federation, to carry to criminal cases of private-public charge which are initiated precisely under the statement of the victim or in statutory cases by the public prosecutor, and also the inspector or the investigator with the consent of the public prosecutor to article 20 UPK. The real maintenance of these and other positions is concretised and proved in the dissertation and author's abstract text. The theoretical and practical importance of research is defined, first of all, by that in the dissertation taking into account achievements of a modern science of criminal law in a complex (on a joint with administrative law) not only complicated questions of differentiation of responsibility of participants of traffic for fulfilment of a road and transport crime are considered, but also author's variants of their decision are offered. Theoretical conclusions and the recommendations containing in work, can be used: In the further scientific workings out of the given theme, and also adjacent problems; In legislative activity on perfection sootvetst - А\vujushchih criminally-rules of law; In practical activities pravoprimenitelnyh bodies, especially at qualification of road and transport crimes; In teaching of a course of the Special part of criminal law, and also special courses and spetsseminarov concerning responsibility for dorozhno - crimes in transport and to problems of their qualification, including in about razovatelnyh establishments of the Ministry of Internal Affairs of Russia.
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A source: Lyubimov, Leonid Vyacheslavovich. Traffic accidents: problems of legislative design of the compositions and differentiation of the responsibility of road users [Electronic resource]: Dis. ... Cand. legal Sciences 12.00.08. -M .: RSL (From the collections of the Russian State Library). 2005

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