To ensure safe traffic on the roads of the Russian Federation, various regulatory acts, instructions and rules are provided for in the system of Russian legislation. They apply not only to persons participating in direct traffic, but also to entities responsible for the preparation of vehicles and infrastructure. It is, in particular, about persons repairing and putting into operation a vehicle, communication lines, communication and signaling devices, and other equipment used in transport. For the poor performance of their duties, these entities may be held liable in accordance with Art. 266 of the Criminal Code. Consider this norm in detail.
Art. 266 of the Criminal Code: corpus delicti
This article establishes a punishment for poor-quality repair of communication lines, vehicles, communication or signaling devices and other equipment used in transport, as well as the release of faulty vehicles into operation by the entity responsible for their technical condition, if his actions, through negligence, caused serious damage to health person. According to Part 1 of Art. 266 of the Criminal Code, the perpetrators may face:
- Cash recovery from 100 to 300 thousand rubles. or in the amount of income for 1-2 g.
- Up to 3 years of freedom restriction.
- Up to 2 years of forced labor or imprisonment with deprivation of the right to conduct activities or occupy positions determined by the court, up to 3 years or without it.
- Up to six months of arrest.
The punishment will be toughened if these acts, through negligence, led to the death of the victim. According to Part 2 of Art. 266 of the Criminal Code, the perpetrator faces up to 5 years of forced labor or imprisonment.
If the acts specified in parts one and two caused the death of two or more people, the period of forced labor is also five years, and the term of imprisonment is increased to 7 years.
Comments on Art. 266 of the Criminal Code
The crime stipulated in the norm is an infringement, first of all, on public legal relations aimed at ensuring high-quality repair and maintenance of communication lines, vehicles, communication and signaling devices, and other equipment used in transport. Additional objects - health (part 1) and life (part 2, 3) of people.
As a subject of a crime in Art. 266 of the Criminal Code are named:
- Vehicles.
- Communication and signaling equipment.
- Message paths.
- Other equipment used in the transport sector.
Message paths
These elements of the road system include:
- On railway transport - directly the railway track with sleepers, rails, embankment. Their integral elements are track distances, power lines, dispatch services, etc.
- In air transport - runways, etc.
- In water transport - direct routes of river or sea vessels from port to port.
- By car - the roadway.
Communication and signaling
They are necessary for the transmission of conditional and textual information. The conditional data are commands, alerts, reports, etc. The alarm can be light (flashing lights, semaphore, beacons), sound (siren, bell).
The communication devices are special devices designed to transmit and receive text data. Communication can be telephone, fax, television, signal, telegraph, etc. Depending on the environment and means of distribution, it is divided into:
- wired;
- radio relay;
- radio communication;
- optical;
- cellular;
- space;
- laser etc.
In addition, the connection can be near or far.
Other transport equipment
It should be understood as a set of technical devices, mechanisms, devices designed to ensure the safe functioning of transport. It is, in particular, about radars, overpasses, etc.
Objective aspect
According to Art. 266 of the Criminal Code, it is expressed in:
- Poor repair of communication lines, transport, communication and signaling devices, other equipment used in transport.
- Issue of technically faulty vehicles.
The key sign of the act is the onset of consequences - the occurrence of serious damage to health or death of a person.
Nuances
As the judicial practice under Art. 266 of the Criminal Code, the main task in qualifying an act is to establish a connection between the behavior of the perpetrator and the consequences that have arisen.
A repair that does not meet the technical requirements established by regulatory acts in the field of road traffic and ensuring the safe functioning of transport, components of the technical system of operating the vehicle is recognized as poor quality. For example, it can be expressed in eliminating not all identified malfunctions of the rolling stock or in installing parts with an expired life.
After poor-quality repair, the vehicle is deemed not to meet the necessary technical requirements.
The commissioning of faulty vehicles implies permission to use objects that have any breakdowns that can create an emergency during movement and, consequently, lead to negative consequences. Such permission may be oral or written. In the first case, this includes the failure to take measures to suppress the use of a technically faulty machine. Written permission may be expressed in the issuance of a waybill to the driver, the passage of the vehicle through a checkpoint, etc.
The hallmarks of the act
The method of committing a crime under Art. 266 of the Criminal Code. In practice, it can be accomplished in the form of an action. For example, the culprit made a technical error in repairing communications and alarm systems, issued permission to release a car with a faulty brake, etc. In addition, the act may also result in inaction. For example, the person did not replace the brake pads, did not take the measures necessary to reduce rail gaps, strengthen rail spacers, etc.
A crime is recognized to be completed at the time of the occurrence of dangerous consequences: serious damage to health, death of one (part 2) or more persons (part 3). If these consequences are absent, poor-quality repair of vehicles, communications or signaling systems, communication lines or other transport equipment does not entail punishment under Art. 266 of the Criminal Code. The guilty person in such cases can be brought exclusively to administrative, civil or disciplinary liability.
Subjective part
Act specified in Art. 266 of the Criminal Code, suggests a reckless form of guilt. It can be expressed as negligence or frivolity.
The subject of the crime is a sane citizen over the age of 16 years. Moreover, he must have one of the following features:
- His professional activities should be directly related to the repair of vehicles.
- He is considered responsible for the technical condition of the vehicle and is empowered to release it into operation.
- He is the driver or owner of a deliberately faulty vehicle, allowing another entity to operate it.
Normative base
Providing for Art. 266 in the Criminal Code, the legislator took into account the provisions of existing regulations in the field of transport. Among them are federal laws:
- "On road safety."
- "On transport security."
- "About railway transport".
In addition, the regulatory regulation of legal relations arising in the field of road safety is carried out on the basis of by-laws. These include:
- Government Decision No. 720 of 2009
- GOST R 5 2302-2004 and 51709-2001.
Conclusion
Ensuring safety during the operation of vehicles is a complex task that requires a comprehensive solution. The participants of the movement bear an increased responsibility and must strictly observe all the requirements concerning not only the direct operation of the vehicle, but also their preparation. Driving technically faulty vehicles can create an emergency, cause damage to the health and property of citizens, and lead to deaths.