Administrative Law Recidivism in the Context of Combating Road Traffic Crimes (Articles 2641, 2642, 2643 of the Criminal Code of the Russian Federation)

The article examines the legal validity and practical feasibility of the legislative decision to adjust criminal liability for driving a vehicle while intoxicated by a person subject to administrative punishment or having a criminal record, as well as for driving a vehicle by a person deprived of the right to drive it and subject to administrative punishment or having a criminal record. The authors note that the relevant decisions of the law-making body should be assessed as a real prerequisite for reducing the effectiveness of counteracting the recidivism of the considered transport offenses; they generate difficulties in their qualification and, accordingly, in delineation. This requires analyzing the approaches of legislative and law enforcement practice to counteract criminal-legal and administrative-criminal recidivism in the relevant area. The article presents the wording of Article 264.1 of the Criminal Code of the Russian Federation proposed by the authors.

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Publication Details

Journal
Russian investigator
Published
2024-12-12
DOI
https://doi.org/10.18572/1812-3783-2024-12-34-38
Primary Topic
Legal and Regulatory Analysis
Type
article
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article

Administrative Law Recidivism in the Context of Combating Road Traffic Crimes (Articles 2641, 2642, 2643 of the Criminal Code of the Russian Federation)

Dmitry V. Sobin, Leonid A. Prokhorov, Ekaterina A. Shamanova
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Russian investigator
Legal and Regulatory Analysis
article

Administrative Law Recidivism in the Context of Combating Road Traffic Crimes (Articles 2641, 2642, 2643 of the Criminal Code of the Russian Federation)

Dmitry V. Sobin, Leonid A. Prokhorov, Ekaterina A. Shamanova
article en

Abstract

The article examines the legal validity and practical feasibility of the legislative decision to adjust criminal liability for driving a vehicle while intoxicated by a person subject to administrative punishment or having a criminal record, as well as for driving a vehicle by a person deprived of the right to drive it and subject to administrative punishment or having a criminal record. The authors note that the relevant decisions of the law-making body should be assessed as a real prerequisite for reducing the effectiveness of counteracting the recidivism of the considered transport offenses; they generate difficulties in their qualification and, accordingly, in delineation. This requires analyzing the approaches of legislative and law enforcement practice to counteract criminal-legal and administrative-criminal recidivism in the relevant area. The article presents the wording of Article 264.1 of the Criminal Code of the Russian Federation proposed by the authors.

Russian investigator
Openalex Percentile: Top 76%
Legal and Regulatory Analysis
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