Issues of limitation of actions, threatening safe usage of vehicles (art. 267.1 of the Criminal Code of the Russian Federation), and hooliganism in transport (para. 1, p. section “V” of Art. 213 of the Criminal Code of the Russian Federation)

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Introduction: in this article, the issue of delimitation of related norms regarding the usage and traffic of vehicles is considered (Article 267.1 of the Criminal Code of the Russian Federation and paragraph “v” of Part 1 of Article 213 of the Criminal Code of the Russian Federation). Materials and Methods: the author used the norms of the Criminal and Civil Codes of the Russian Federation, materials of judicial practice, explanations of the Plenum of the Supreme Court of the Russian Federation, as well as academic literature on the subject. The methodological basis of the study was made up of dialectic, formal legal, comparative legal methods. Results: the author conducted an analysis of subjective and objective signs of the compositions under consideration, defined the criteria for delimitation of the analyzed norms. Particular attention was paid to the criminal legal assessment of the role of the vehicle in the commission of these acts. Based on the materials of judicial practice, some aspects of the qualification of these crimes were analyzed. Discussion and Сonclusions: the author criticizes the verbal statement used by the courts in qualifying the actions of the responsible for committing “hooliganism in transport”, makes suggestions for improving the practice of applying the relevant standards.

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Короткий адрес: https://sciup.org/142223659

IDR: 142223659   |   DOI: 10.24420/KUI.2020.39.1.012

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