About the direct object of the violation of the rules of traffic safety or the operation of vehicles by persons driving vehicles

Abstract

The purpose of the scientific article is to establish the content of the direct object of violation of the rules of road traffic safety or the operation of transport by persons driving vehicles, based on the examination of regulatory material in the field of road traffic, and to clarify the significance of this object for the legislative and law enforcement aspects of this component of a criminal offence. The method of establishing the direct object chosen in the article is due to the presence in the text of Article 286 of the Criminal Code of Ukraine of a blanket reference to the regulatory legislation, which is recognized as a normative basis for criminal liability. It was concluded that the main direct object of this composition of the criminal offense should be defined as social relations protected by the criminal law in the field of ensuring traffic order and transport operation. Emphasis is placed on what was done in Art. 286 of the Criminal Code of Ukraine, referral does not contribute to the unambiguous application of this norm, as a result of which judicial practice includes references to normative acts that differ in scope in the process of formulating the indictment. On the basis of the examination of the content of the system of regulatory legislation in the road traffic system and taking into account such a feature as its multi-hierarchical nature, a conclusion was made about clarifying the content of Art. 286 of the Criminal Code of Ukraine. It is proposed to make changes to the name and to Part 1 of Art. 286 of the Criminal Code of Ukraine, setting out a blanket instruction as follows: violation of legislation on road traffic or vehicle operation. It was established that the additional optional object of violation of traffic safety rules or transport operation is not taken into account by the court when qualifying this criminal offense.