Today, the whole world around us is allmore automated. In other words, in their activities, people use new technologies that previously were something fantastic. If you pay attention, the computers 10 years ago were used only in large enterprises. Today, this gadget can be found in almost every home. Similar electronic tools are also mobile phones, tablets and other similar items. The technical evolution of this scale shows the genius and power of the entire human race. However, along with the objects we are used to, there are gadgets that have appeared a long time ago, but have changed over time. Those are cars. Today, this attribute of modern existence is the object of desire of many people. Cars are produced by different manufacturers in a large number of interpretations.
В теории права существует множество различных institutions. Most of them belong to certain legal branches. An example in this case are crimes related to criminal law. These laws govern specific relationships of a kind. Criminal law affects all aspects directly related to the commission of socially dangerous acts by people, that is, the most pernicious, which are crimes.
This category is significantly different fromother, beyond the general legal framework of actions, offenses. In both cases, we are talking about a completely different degree of danger consequences. Thus, crimes are actions that bring the greatest harm to the world around and specific individuals.
It should be noted that article 264 of the Criminal CodeIt is not the only norm in which the framework of criminal liability for violations of the established rules for managing transport. As mentioned earlier, any “gadget” designed to facilitate the movement of a person is a source of extreme danger.
Если взглянуть на статистику, то большое the number of people today are dying due to traffic accidents. Of course, drivers do not always violate the rules of driving a car on purpose. However, in most cases, this kind of negative actions are the result of neglect of security. For this reason, the criminal law establishes responsibility for the most destructive violations of transport management rules, which cause invaluable harm to human life and health.
В особенной части Уголовного кодекса Российской Federation there is a section where crimes are collected, the object of which is the safety of the operation of transport and traffic. Article 264 of the Criminal Code of the Russian Federation lays down provisions for a socially dangerous act.
The norm consists of six parts.Each of them presents certain variations of the crime. In general, Article 264 of the Criminal Code of the Russian Federation establishes criminal liability for violation of the rules for operating vehicles and driving on the road.
It should be noted that in its composition article264 of the Criminal Code is quite specific. The key feature is manifested in the subjective side of the crime. Regardless of the qualifying part of the act, it must in all cases be characterized by negligence. That is, the subject of the crime in this case, although aware of the danger of his actions, but for various reasons, frivolously rejects their offensive.
Еще одна особенность социально опасного деяния, which provides for article 264 of the Criminal Code, lies in its objective side. According to the criminal law, actions are subject to the norms of legal liability only if they have entailed the onset of serious forms of harm.
Very often novice lawyers practiceunderstand why the subjective side of the said socially dangerous act is characterized by carelessness. If you pay attention, then art. 264 Part 3 of the Criminal Code and other elements of the article contain a note on the impossibility of committing a crime intentionally.
In this case, everything is quite simple.If a person commits, for example, hitting a person intentionally, then this will not qualify as a violation of traffic rules. After all, the subject had an intent that allowed the use of the car. In other words, in such a situation there will be harm to a certain severity or murder (attempted murder).
Part 1 of the mentioned article fixes the most"Classic" type of traffic violation on the road. In other words, we are talking about an act that is not burdened by any consequences or other acts of the objective side. In this case, we are talking about violations of the rules of the road, which have entailed grave consequences. At the same time, the article states that the subject of the crime is a person who directly controls the car or any other vehicle of a mechanical nature. This note quite often causes confusion in the process of law enforcement. However, the legislator explains that "other mechanical means" are any kind of self-propelled vehicles, for the control of which rights are required.
It should be noted that Art.264 of the Criminal Code contains in its composition the corpus delicti burdened with consequences. Reports about them are contained in other parts of the article. To understand all the features of the act, it is necessary to consider each element of the norm.
Any socially dangerous act may beburdened by certain moments of reality. The legislator took this fact into account when creating the said legal norm. Thus, 2 and 3 hours. Art. 264 of the Criminal Code fix acts, the composition of which is characterized by certain features. For example, part two governs legal liability for violation of traffic rules by persons who are intoxicated. Other moments of the crime remain unchanged, for example, the fact of negligence of the act and the presence of serious consequences.
Regarding part 264.3 of the Criminal Code, then the key feature is the result of the committed act. Here the responsibility comes only if the violation of traffic rules, by negligence, led to the death of a person.
No less interesting are the other elements.previously mentioned legal regulation. The peculiarity of the fourth part is the specific subject of the crime and the consequences of its commission. As before, we are talking about careless actions. However, in the case of part 4, the subject will be a person driving a car or other vehicle while intoxicated, whose actions have caused human death. In Part 5 of Art. 264 subject is common. That is, any person who was behind the wheel or another management device can be involved. But the consequence must necessarily be the death of two or more people.
The most serious socially dangerous actis that which is provided for by h. 6 art. 264 of the Criminal Code. In this case, the legislator allows the application of the most harmful for the subject of criminal responsibility measures, for example, imprisonment for up to 9 years. Thus, a crime can be qualified according to this norm, if a person, being intoxicated, violated the rules of the road, which led to the death of several people.
Таким образом, нарушение дорожных правил может lead to rather detrimental effects. Therefore, without exception, every driver must remember about the safety of his own and those around him.
