OBJECTIVE SIGNS OF CRIMINAL OFFENSES AGAINST TRAFFIC SAFETY AND THE OPERATION OF TRANSPORT: THE RELATIONSHIP BETWEEN THE CLASSIFICATION OF OBJECTS OF INFRINGEMENT AND THE CONTENT OF BLANKET DISPOSITIONS OF CRIMINA L LAW NORMS

Abstract

Carrying out a systematic and legal analysis of the doctrinal provisions and features of the current criminal legislation on the issues of objective signs of criminal offenses against traffic safety and the operation of transport, the elements of which are defined in the criminal law norms contained in Chapter XI of the Special Part of the Criminal Code "Criminal offenses against safety traffic and operation of transport" (articles 276-292 of the Criminal Code), proves the following. Recognizing the special importance of the specific object of criminal offenses against the safety of traffic and the operation of transport will allow to more clearly define the sphere of social relations subject to criminal law protection, the structure and essential content of its elements (and therefore the limits of legal regulation), will lead to a clearer definition of the legal the status of a certain circle of subjects of specific social (and, therefore, criminal-legal) relations already within the transport system. Accordingly, it will affect the content of those legal provisions that are the basis of the interpretation of objective and subjective signs of a criminal offense committed in the field of traffic safety and transport operation; should prevent certain legal collisions, contribute to the demarcation of related criminal offenses. The more narrowly regulated the sphere and boundaries of certain criminal-legal relations, which is primarily reproduced in the specific object of encroachment, the more qualitatively the qualification of the act is carried out during the pre-trial investigation. Therefore, in the case of the classification of criminal offenses affecting traffic safety and the operation of transport, along with generic, direct objects of encroachment, the definition of the specific object becomes important. It should be the basis for distinguishing the following groups of actions: acts, the features of which are included in criminal law norms of a generalized nature and relate to the entire transport system (Articles 277, 279, 280, 291 of the Criminal Code) – the specific object is the safety of functioning (order, organizational and economic foundations) of the entire transport system systems; acts of a special nature, the characteristics of which determine the special grounds of responsibility in specific branches of the transport system (specific object – the safety of traffic and operation of railway, air, water, pipeline and road modes of transport). Regarding the last group of acts and their correlation with the number of criminal law norms that determine the grounds for responsibility for their commission, it is appropriate to distinguish two types of objects, – the safety of movement and operation of railway, air, water, pipeline transport (Article Articles 276, 276-1, 278, 281, 282, 283, 284, 285, 292 of the Criminal Code) and the safety of movement and operation of motor vehicles (Articles 286, 286-1, 287, 288 of the Criminal Code). Regarding acts, the features of which are defined in Art. Art. 289, 290 of the Criminal Code, the definition of a specific object is determined by what will be recognized as the main direct object, and what will be recognized as an additional mandatory direct object: "ownership" or "disorganization of the functioning of the transport system." After all, a situation has arisen when these objects are important in terms of meaning and significantly affect the sphere of use of vehicles. It is the definition of the limits of the specificity of social relations, their socio-legal and organizationalmanagement properties, the limits of the legal status of the circle of subjects of these relations (in which the essential content of the species object is reproduced) – will contribute to a clearer definition of the circle of regulatory and legal acts, which should become the basis for the qualification of the considered type of actions. The blanket nature of the norms under consideration makes the quality of this process and the legality of the actions of law enforcement agencies completely dependent on the degree of regulation of a certain sphere of relations and compliance with modern realities.Therefore, the problems that arise in terms of specifying the subject of the offense (type of vehicle), the type of socially dangerous behavior, the signs of the subject of a criminal offense, depend to a greater extent on the completeness and clarity of the regulation of various spheres of the transport system's functioning by various special legal acts. The latter testifies to their prevailing importance in the process of interpretation of criminal law provisions.