Criminal Liability of Persons Committing Transport Crimes in a State of Intoxication: A Comparative Legal Study

Sergej Nikolaevich Bezugly, Gennadij Yuryevich Lesnikov, Ravil Lutfirahmanovich Gabdrakhmanov

2021

Abstract

The article analyzes the features which can be used as the signs of intoxication in the regulation of transport crimes. The purpose of the work is a comprehensive analysis of the options for using the distinguishing features of intoxication in transport crimes provided for by the legislation of the CIS countries, the study of doctrinal provisions on the criminal law significance of intoxication. To achieve the goal, the authors set tasks that are due to the peculiarities of the legal standards of criminal laws providing for the responsibility of persons committing transport crimes in a state of intoxication. Namely: identifying typical approaches to the use of intoxication signs in the regulation of transport crimes; considering the most common options for using this sign; studying the features of transport crimes corpus delicti, including the distinguishing features of intoxication of the subject. The use of comparative jurisprudence method in combination with general scientific methods made it possible to identify common features of legal regulation, as well as to find discrepancies in the legal positions of legislators of the CIS countries. In the course of the study, it was revealed that there are typical approaches to the use of the sign of intoxication in transport crimes. At the same time, quite specific approaches of legislators were found in terms of the scale of the use of this distinguishing feature, the peculiarities of the structures of traffic crimes, which include the distinguishing features of intoxication of the subject. The results of the study make it possible to expand knowledge of criminal law science, ensure the integration of scientific knowledge about the legal standards of foreign countries, and also contribute to the process of improving the criminal law, improving its quality and adequacy to modern realities.

Paper Citation

in Harvard Style

Bezugly S., Lesnikov G. and Gabdrakhmanov R. (2021). Criminal Liability of Persons Committing Transport Crimes in a State of Intoxication: A Comparative Legal Study. In Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA, ISBN 978-989-758-532-6, pages 223-227. DOI: 10.5220/0010634300003152

in Bibtex Style

@conference{closa21,
author={Sergej Nikolaevich Bezugly and Gennadij Yuryevich Lesnikov and Ravil Lutfirahmanovich Gabdrakhmanov},
title={Criminal Liability of Persons Committing Transport Crimes in a State of Intoxication: A Comparative Legal Study},
booktitle={Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA,},
year={2021},
pages={223-227},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0010634300003152},
isbn={978-989-758-532-6},
}

in EndNote Style

TY - CONF

JO - Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA,
TI - Criminal Liability of Persons Committing Transport Crimes in a State of Intoxication: A Comparative Legal Study
SN - 978-989-758-532-6
AU - Bezugly S.
AU - Lesnikov G.
AU - Gabdrakhmanov R.
PY - 2021
SP - 223
EP - 227
DO - 10.5220/0010634300003152