Диференціація кримінальної відповідальності за порушення правил безпеки дорожнього руху або експлуатації транспорту

The scientific article presents a comprehensive study of the current problems of criminal liability for violation of road safety rules or transport operation by persons driving vehicles. Based on the analysis of current legislation, judicial practice and scientific research, the theoretical and methodological principles of criminal liability for offenses in the field of road safety are revealed, the features of the qualification of crimes provided for in Articles 286 and 286-1 of the Criminal Code of Ukraine are determined. Special attention is paid to the problems of distinguishing adjacent elements of crimes, in particular, violation of road safety rules and recklessly causing harm to the life or health of a person. The work examines the objective and subjective features of the elements of crimes against road safety, highlights the problems of establishing a causal relationship between the violation of the relevant rules and socially dangerous consequences. The article focuses on practical aspects of interpreting blanket norms of the criminal law and issues of criminal-legal assessment of driving while intoxicated. The problems of competition of criminal-legal norms and qualification of actions of a person under the set of crimes stipulated by Articles 286 and 286-1 of the Criminal Code of Ukraine are analyzed. Based on the study of doctrinal approaches and judicial practice, gaps and conflicts in the legal regulation of criminal liability for violation of road safety rules are identified, and problems of proof in relevant criminal proceedings are revealed, in particular, the issues of relevance and admissibility of electronic evidence, methods of conducting automotive technical and forensic examinations, and evaluation of expert opinions as evidence in criminal proceedings. The features of sentencing for crimes against road safety have been analyzed, the problems of individualization of punishment and the application of exemption from serving a sentence with probation have been considered. Based on the research, proposals have been substantiated to improve the criminal legislation of Ukraine in the field of ensuring road safety, in particular in terms of differentiation of criminal liability for driving a vehicle while intoxicated, taking into account the degree of intoxication, type of vehicle, presence or absence of the right to drive it, etc.