Criminal-legal meaning of traffic and vehicle operation safety rules

Abstract

The author has considered criminal-legal matters related to practice of application of criminal and other branch legislation and regulations in the field of road safety. The article highlights problems of the use in investigative and judicial practice of criminal law and related rules of sectoral traffic law, as well as the requirements of traffic safety and vehicles operation rules during the assessment of criminal offenses under Art. 286 of the Criminal code of Ukraine. The author has proved the organic interrelation of blanket dispositions of criminal legal rules with the corresponding provisions of branch legislative acts and traffic safety and vehicle operation rules which are most often broken by actors of these criminal offenses. He has examined the characteristic of the specified rules in view of their criminal-legal value during the criminal-legal analysis and assessment of the socially dangerous actions which are considered. The classification of the specified rules has been offered. Based on the analysis of case law, the peculiarities of the application of certain types of road safety rules, as well as some issues of their improvement have been considered. The proposals on optimization of the branch legislation on road traffic with inclusion in it as a component of traffic rules have been supported. An improved version of Art. 286 of the Criminal Code of Ukraine in view of the normative and legal content of its blanket disposition, as well as the need to further improve its legislative and regulatory framework has been supported. The author has pointed out the need to eliminate the gaps caused by the lack of timely legal regu-lation of road safety issues that arose with the emergence and operation of new vehicles (electric scooters, jet skis, unicycles, etc.).