Факторный анализ установления уголовно-правового запрета на нарушение правил дорожного движения лицом, подвергнутым административному наказанию или имеющим судимость

Abstract

Abstract: Introduction. The article examines the factors influencing the imposition of legal prohibition in the sphere of traffic violations by a person who has been subjected to administrative punishment or has a criminal record. The social danger of these crimes is underlined. The purpose of the study is to factorize the imposition of criminal prohibition on traffic violations by a person subjected to administrative punishment or having a criminal record.
 Methods: Dialectical methodology was used to define the concept of this study; elements of sociological methodology were used for multidimensional understanding of the factors of establishing a legal ban on traffic violations by a person subjected to administrative punishment or having a criminal record.
 The examination of criminal law norms as a system of law and the identification of factors that contributed to the criminalization of the reviewed offenses was carried out by means of the factor approach Moreover, the present study included the systematic method (to establish the system-forming features of the criminal legislation); the structural-functional method (to determine the influence of each factor on the criminalization of the reviewed corpus delicti). When examining certain aspects, special scientific methods such as formal-legal, specificallyhistorical and comparativelegal methods were used.
 Results: The classification of factors contributing to the imposition of legal prohibition on traffic violations by a person subjected to administrative punishment or having a criminal record is givenas well as their description. The authors explain the main role of the social factor, its interrelation and influence on other factors. The study revealsthe necessity ofthe involvement of civil organizations to prevent and suppress these types of crimes. The author suggests some measures to prevent traffic offenses committed by a person subjected to administrative punishment or having a criminal record.