VIOLATION OF RULES ENSURING SAFE OPERATION OF TRANSPORT: CONTROVERSIAL ISSUES

Abstract

Due to the low rate of prosecution for committing a crime under Art. 268 of the Criminal Code of the Russian Federation, in the science of criminal law and in law enforcement practice, questions are raised about the effectiveness of this norm, about its efficiency, about the possibility of solving the tasks facing it in its current version, and ultimately, about its general expediency. Considering that the main debatable issue in the crime under consideration is related to the signs of the subject of the crime, using which the legislator provided a separate norm for the criminal liability of a passenger, pedestrian and other traffic participant, which did not receive unanimous support from either practitioners or scientists, we reviewed the authors’ critical comments on this issue, analyzed their arguments “against” the legislative position, and found out how thorough and convincing they were. To achieve these goals, general and general-scientific research methods were used. For example, using the general method - generalization, it was possible to formulate conclusions as intermediate and final results. Among the general scientific methods, dialectical and logical research methods were used, including such techniques as analysis, synthesis, induction and deduction. The author did not set out to consider all existing problems, rather, on the basis of existing research on this topic in the science of criminal law, to consider the most basic and most discussed of them, to try to give her own assessment of these problems, to identify and formulate new problems.