LEGISLATIVE ERRORS IN THE CONSTRUCTION OF THE RUSSIAN CRIMINAL LAW NORM ON LIABILITY FOR VIOLATIONS OF THE RULES OF ROAD TRAFFIC AND OPERATION OF VEHICLES AND THE POSSIBILITY OF USING FOREIGN EXPERIENCE TO CORRECT THEM. PART TWO

Abstract

The initial version of the criminal law norm on liability for violations of the rules of road traffic and operation of vehicles, provided for in Article 264 of the Criminal Code of the Russian Federation had no serious shortcomings. Its structure and content corresponded (with very few exceptions) to the doctrinal rules of criminalization and penalization, differentiation of criminal liability and punishment, construction of corpus delicti and construction of sanctions of criminal law norms. However, the numerous changes and additions made to the article between 2003 and 2022 created equally numerous defects. The purpose of this publication is to analyze legislative errors in the construction of the Russian criminal law norm on liability for violations of the rules of road traffic and operation of vehicles and to search for possible ways to correct them using foreign experience. The study is conducted using a set of methods: general scientific (induction, deduction, analysis, synthesis, system-structural) and specific scientific (formal-legal, sociological, comparative legal). The article reveals the defects of the Russian criminal law norm on liability for violation of the rules of road traffic and operation of vehicles and legislative errors that caused their appearance. Based on the study of the experience of criminal legislation of foreign countries, options for their correction are proposed.

Keywords

• criminal law
• crime
• punishment
• criminal law norm
• violation of the rules of road traffic and operation of vehicles
• corpus delicti
• disposition
• sanction
• comparative legal research
• comparative legal method