Problems of criminalization of systematic gross violation of traffic rules

Abstract

In the course of analyzing the provisions of criminal and administrative legislation, as well as law enforcement practice in this area, the authors identified systemic problems of criminalization of criminal acts in the field of road safety, constructed according to the type of administrative prejudice. Сross-sectoral in consistency is expressed in the impossibility of mechanically transferring administrative and legal prohibitions to the sphere of criminal law. The construction of signs of the objective side requires a description of the signs of a public act, and not just fixing a reference to the norms of the Code of Administrative Offenses. In addition, technical issues (if they are admissible in the framework of administrative proceedings) related to fixing the fact of an administrative offense cannot be of fundamental importance for determining the criminality and punishability of the act. Structure and content of Art. 264.2 of the Criminal Code of the Russian Federation does not allow to fully counteract systematic gross violations of traffic rules. In order to improve the system of counteracting the commission of systematic gross violations of traffic rules, the authors propose to amend the criminal law and refuse to use incorrectly formulated or excessive signs of a crime under Art. 264.2 of the Criminal Code of the Russian Federation.