Мақаланы E-mail арқылы жіберу On the Question of Criminal Legal Assessment of Persons Driving Vehicles Under the Influence of Alcohol
- Авторлар: Gutaev A.M.1
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Мекемелер:
- North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
- Шығарылым: Том 15, № 5 (2022)
- Беттер: 195-199
- Бөлім: Articles
- URL: https://journals.rcsi.science/2072-3164/article/view/147618
- ID: 147618
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Аннотация
This work is devoted to the study of the personality of a criminal who drives a vehicle under the influence of alcohol. It has been established that the development of crime is determined by social causes, including the neglect of social institutions, the state of tension in society, the growth of antisocial phenomena, etc. Therefore, the level of crime is in close relationship with the level of social development and the development of the state, as well as the determined domestic and foreign policy. The objectives of the study are to analyze the regulatory regulation of crimes related to driving a vehicle by a person in a drunken state. The vehicle is a source of increased danger, however, on the part of road users, in particular drivers, this danger is underestimated. In general, in the minds of most people, a violation of traffic rules is not considered some kind of serious act for which liability can be established, up to a criminal one. As a result, the legislator, in order to prevent and prevent drinking at the wheel, resorted to more stringent measures, namely the criminal prosecution of drunk drivers. The foregoing updated the relevant amendments to the current legislation, tightening the legal regulation of this area. As a result, the Criminal Code of the Russian Federation was supplemented with Article 264.1 "Violation of traffic rules by a person subjected to administrative punishment." In subsequent years, the situation on the roads has not changed, which again forced the legislator to tighten sanctions. This time, it was possible to “get through” to a large part of the drivers: the number of cases considered and defendants brought to trial in such cases in the period 2020-2021 have undergone significant downward changes. It is concluded that as long as drivers demonstrate an irresponsible attitude towards "drunk" driving, innocent people will continue to die on the roads.
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##article.viewOnOriginalSite##Авторлар туралы
Alim Gutaev
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
Email: alimgutaev@mail.ru
Police Senior Lieutenant, Lecturer of the Department of Organization of Law Enforcement Nalchik, Russia
Әдебиет тізімі
- Federal Law “On Road Safety” of December 10, 1995 No. 196-FZ [Electronic resource] // Access mode: http://www.consultant.ru/document/cons_doc_LAW_8585/ (Accessed on April 27, 2022) .
- The Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ [Electronic resource] // Access mode: http://www.consultant.ru/document/cons_doc_law_10699/ (Accessed on April 25, 2022).
- Committee of Ministers of the Council of Europe. Resolution No. (73) 7 “On punishment for traffic offenses when driving under the influence of alcohol” [Electronic resource] // Access mode: https://docs.cntd.ru/document/90199582 (accessed 25.04.2022).
- Determination of the Constitutional Court of the Russian Federation of April 26, 2016 No. 876-O “On the refusal to accept for consideration the complaint of citizen Bulba Vasily Ivanovich about the violation of his constitutional rights by part 1 of Article 12.26 of the Code of Administrative Offenses of the Russian Federation” [Electronic resource] // Access mode: https://legalacts.ru/sud/opredelenie-konstitutsionnogo-suda-rf-ot-26042016-n-876-o/ (accessed 04/26/2022).
- Agritskaya A.I. Criminal liability under Articles 264, 264.1 of the Criminal Code of the Russian Federation // In the collection: science and education: preserving the past, we create the future. Collection of articles of the XXXII International Scientific and Practical Conference. Penza, 2021, pp. 129-133.
- Baranchikova M.V. Features of the criminal law assessment of persons driving vehicles while intoxicated // Law and order: history, theory, practice. 2019. No. 2 (21). pp. 33-38.
- Grechina A.E. Violation of the rules of the road by a person subjected to administrative punishment (Article 264.1 of the Criminal Code of the Russian Federation) // Legal Fact. 2017. No. 17. pp. 28-30.
- Zeynalov F.N.O., Koblov P.S. Criminal liability for violation of traffic rules by a person subjected to administrative punishment // Bulletin of the Ural Institute of Economics, Management and Law. 2018. No. 4 (45). pp. 17-22.
- Koblov P.S., Baranchikova M.V. Repeated driving while intoxicated: features and problems of qualification // In the collection: Problems of combating crime in modern conditions. Materials of four scientific-representative conferences. 2018. pp. 118-122.
- Rubtsova A.S. Responsibility for violation of traffic rules by a person subjected to administrative punishment // Bulletin of the Omsk Law Academy. 2018. V. 15. No. 1. pp. 86-91.
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