FEATURES QUALIFICATION VIOLATION OF EXISTING TRANSPORT RULES DURING THE PRE-TRIAL INVESTIGATION
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 6, Issue
Abstract
The article deals with certain aspects of the subject of evidence in criminal proceedings on violation of the current transport regulations, and formulated on this basis recommendations for features of the qualification of the offense under art. 291 of the Criminal Code of Ukraine. In particular, the signs of the subject matter of this crime, socially dangerous act and its consequences. A literal interpretation of national century art. 291 of the Criminal Code of Ukraine leads to the conclusion that the legislator gives the normal two forms Act: 1) violation of the existing transport rules; 2) violation of rules, norms and standards of manufacture, conversion, repair vehicles. The first form of the Act does not contain signs of things in the physical world, and therefore do not emit the subject as a mandatory feature of this crime. Violation of applicable transport rules is in the form of acts subject to public relations, and in the second – the subject of crime of mechanical and non-mechanical vehicles, railway, air, sea and river, automobile, including motorcycle, road transport, urban transport. Both forms of action under art. 291 of the Criminal Code of Ukraine, may be committed both by action execution pursuant to the applicable transport rules and prohibitions, and by omission is the failure or improper performance of duty under these rules. The composition of the crime stipulated by art. 291 of the Criminal Code of Ukraine, is material, that is socially dangerous consequences is its mandatory sign and the end of crime associated with the onset of these socially dangerous consequences, which are: the death of one or more people; causing serious bodily harm to at least one person; causing severe bodily harm to at least one person; causing great material damage. In this case, the big material I wish – a value concept. The legislator does not determine the minimum size of the material damage, as a result of causing which comes the criminal liability for centuries. 291 of the Criminal Code of Ukraine.
Authors and Affiliations
С. В. Бабанін
Keywords
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