Форма вины и мотивы нарушений правил безопасности движения и эксплуатации транспорта (ст. 263 УК РФ)

Abstract

Proposals in the science of criminal law approaches to the definition of the form of guilt (intentional, reckless or determined by the court in a particular case) of a crime provided for in Article 263 “Violation of safety rules and operation of railway, air, sea and inland waterway transport and underground” of the Criminal Code of the Russian Federation are considered in the article. The place of motives (positive, neutral and negative) of violation of safety rules and operation as part of the crime is evaluated. Based on the analysis of legal literature and materials law enforcement practice the author made a conclusion that the crime under Article 263 of the Criminal Code is careless, but the study of its subjective side in the theory of criminal law, and the investigative and judicial practice must include the determination of the form of mental attitude of a person for violation of safety rules and operation of transport (which can be both intentional and reckless) and assessment of the motives of such violations.