Повторное нарушение правил дорожного движения как основание для уголовной ответственности

Abstract

The subject of the research is Articles 264.1, 264.2, 264.3 of the Criminal Code of the Russian Federation. Writing of the article involved an analysis of regulations and legal publications. This study has revealed circumstances accompanying violation of road traffic regulations that stipulate bringing to criminal liability. The author reviews various opinions of lawyers and researchers of the legal science concerning the administrative prejudice phenomenon. The obtained results may be of interest for employees of law enforcement authorities, lecturers, representatives of the legislative system and attorneys. The scientific novelty of the research lies in the analysis of repeated violations of road traffic regulations from the administrative prejudice standpoint and the evaluation of administrative prejudice from the position of Russian legal theorists and provisions of the Constitution of the Russian Federation. Characteristic features of articles of the Criminal Code of the Russian Federation associated with repeated violations of road traffic regulations are willful intent, repeated offenses and an increased degree of social danger. We believe that the introduction of criminal liability if a person has earlier committed an offense within the framework of the Administrative Offenses Code of the Russian Federation puts citizens in an unequal position, which contradicts provisions of the Constitution of the Russian Federation, thus, further study of this problem is required.