ON THE TEMPORAL SCOPE OF NOTE 2 TO ARTICLE 264 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

Abstract

The article deals with theoretical and practical challenges posed by the temporal scope of Note 2 to Article 264, Criminal Code of the RF, which provides the definition of a person under the influence of alcohol. Regarding Article 264, Criminal Code of the RF, the author demonstrates the procedure for proving a driver was under the influence of alcohol before and after the enactment of the Federal Law № 528-FZ, dated 31 December 2014. Then, the author analyzes the extension of Note 2 of Article 264, Criminal Code of the RF, to crimes committed before the enactment of the Federal Law No 528-FZ, dated 31 December 2014, by the courts of general jurisdiction. The author argues that the judicial practice of extending this Note at the trials in the court of first instance, the court of appeals, and during the enforcement of sentences is controversial. While focusing on a theoretical distinction between substantive and procedural norms, the author concludes that Note 2 of Article 264, Criminal Code of the RF, should be considered as a criminal procedure norm. The author indicates the legal consequences of such consideration, subject to the provisions of Article 4, Criminal Procedure Code of the RF.