Differentiation of criminal liability depending on the signs of the subject of the composition of a transport crime

Abstract

Subject of research: signs of the subject of the offenses under Art. 264 and 2641 of the Criminal Code of Russia (hereinafter the Criminal Code).
 Purpose of the study: formulation of proposals on the content of the category "subject of traffic crimes", depending on which a qualitative differentiation of responsibility for crimes involving the use of motor vehicles is ensured.
 List of methods and objects of research. To obtain the results of the research, the methods of cognition used in the humanities (legal) sciences were used. The method of content analysis was used in the study of the content of Art. 264, 2641, 109 and 118 of the Criminal Code, as well as Resolutions of the Plenum of the Supreme Court of the Russian Federation of December 9, 2008 No. 25. The dialectical method was used in the study of opinions on the qualification of some transport crimes. Logical and systemic-structural methods were applied in the study of the typical degree of social danger of the criminal's personality.
 Conclusions based on the results of the study: 1) the subject of the offenses under Art. 264 and 2641 CC is special. It is determined on the basis of the existence of an official right to drive a vehicle and the corresponding obligation to comply with the relevant safety rules; 2) the instructor possesses the characteristics of a subject of corpus delicti of transport crimes in cases when he had a real opportunity to drive a training vehicle and (or) exercised direct control of it together with the student.