Проблемы конструирования состава преступления, устанавливающего уголовную ответственность за нарушение правил дорожного движения лицом, подвергнутым административному наказанию и лишенным права управления транспортными средствами (статья 2642 Уголовного кодекса Российской Федерации)

Abstract

Relevance. The need to comply with the legislative technique rules, in its broad sense, to comply with the social conditionality requirements, consistency and scientific validity when making changes to the Criminal Law and constructing the corpus delicti is recognized by scientists, practitioners and updated in connection with the introduction of Article 2642 of the Criminal Code of the Russian Federation. The purpose of the study is to identify problems related to the construction of the corpus delicti establishing criminal liability for violation of traffic rules by a person subjected to administrative punishment and deprived of the right to drive vehicles (article 2642 of the Criminal Code of the Russian Federation). The objectives of the study are to identify controversial aspects related to the legislative technique rules, the social conditionality requirements of the criminal law norm, as well as the need to comply with the requirements of consistency and scientific validity of the Criminal Law amendments. The research methodology is based on the use of general scientific methods such as analysis and synthesis, induction and deduction, formal logic and dialectical approach, comparative studies, as well as the method of a sys-tematic approach to achieve goals and objectives. Results. As a result of the conducted research, the problems associated with the construction of the corpus delicti provided for in Article 2642 of the Criminal Code of the Russian Federation and the legislative technique rules, as well as with the absence of socio-legal prerequisites (grounds and conditions) for criminalization as an independent corpus delicti, were identified. Conclusions. The using administrative prejudice for expand the scope of criminal law to relations that are not by their nature criminal law is unjustified. A large positive effect from the introduction of Article 2642 of the Criminal Code of the Russian Federation is unlikely, because the existing experience of such additions and changes in the Criminal Code of the Russian Federation does not allow us to hope for this. We believe that the legal and technical rules in the construction of criminal law prohibitions need a deep and thorough study.