Особливості кримінально-правової кваліфікації діянь особи, яка керує електросамокатом, при порушенні правил дорожнього руху

The rapid development of electric transport, in particular electric scooters, has led to new challenges regarding the criminal legal qualification of violations under the section on criminal offenses of traffic safety and operation of transport. The legal regulation of electric scooters and their use in Ukraine remains imperfect and fragmented, which in turn creates legal uncertainty. One of the key problems is the lack of a clear definition of who are the persons who operate electric scooters: whether they are pedestrians, cyclists or drivers of vehicles. This creates problems with the criminal legal qualification of articles of the Criminal Code of Ukraine, in particular Article 291 of the Criminal Code of Ukraine, which provides for violation of the rules of traffic safety in force in transport, as well as regulations, norms and rules for the manufacture, re-equipment, repair of vehicles, if this has caused death or other serious consequences. The article examines the theoretical and practical foundations of the corpus delicti of criminal offenses provided for in the section on criminal offenses of traffic safety and operation of transport. The author also highlights the difficulty of determining the legal status of a person who drives an electric scooter and whether he or she can be a subject of the criminal offenses provided for in the section. The study analyzes the legislation of Ukraine, judicial practice and legal positions. The study examines the international experience of legal regulation of electric scooter traffic and the possibility of its adaptation to the Ukrainian context. It is proved that the absence of a unified legislative position on the status of electric scooters creates a gap that makes it impossible to properly prosecute in some cases. The author proposes several options for improving the legislative regulation of criminal and related legislation aimed at eliminating legal uncertainty. The work is aimed at forming a systematic approach to ensuring legal regulation of electric somatization in the field of criminal law with a view to filling the existing gaps in legislation.