Criminal law characteristics of the subjective side of crimes related to violations of traffic rules: the correlation of intent and negligence in the context of operating vehicles with automated driving systems

The subject of the research is the transformation of the subjective aspect of the crime defined by Article 264 of the Criminal Code of the Russian Federation in the context of the introduction of automated vehicle control systems of various levels of autonomy. The evolution of the driver's mental attitude towards the act committed and its consequences is analyzed when management functions are delegated to artificial intelligence, the issue of distinguishing intent from negligence in the context of hybrid control modes is explored, and the phenomenon of distributed responsibility between the human operator and the automated system is examined. The relevance of the chosen subject is determined by the rapid development and widespread adoption of active assistance systems and automation in transportation, which fundamentally changes the mechanisms of interaction between humans and vehicles. Classical criminal law approaches, based on the belief that the driver fully controls the driving process and bears personal responsibility for violations, face new challenges as part of the control functions shift to technical systems. The methodological basis of the study consists of a formal-legal method for analyzing the current criminal legislation and law enforcement practices, a comparative-legal method for studying foreign experience in regulating liability for road traffic accidents involving autonomous vehicles, and a system-structural method for identifying gaps in legal regulation and formulating proposals for improving criminal law. The scientific novelty of the research lies in the conceptualization of a new type of subjective attitude towards the automated control systems that does not fit into the classical dichotomy of "intent-negligence." The necessity of differentiating criminal liability depending on the level of vehicle automation and the mode of control at the time of the offense is justified. Specific proposals are formulated for supplementing the Criminal Code of the Russian Federation with a special provision that provides for responsibility for violations of the rules for operating vehicles with automated control systems, as well as for modifying the conceptual apparatus of criminal law in relation to new technological realities. Based on the analysis of foreign models for regulating liability for traffic accidents involving autonomous vehicles, adapted recommendations for improving Russian criminal legislation are proposed, which significantly increases the practical value of the research and contributes to the integration of Russian legal norms into the global context.

automated control systems, subjective aspect of a crime, transportation crimes, autonomous transport, criminal liability of the driver, artificial intelligence, differentiation of responsibility, criminal negligence, indirect intent, autopilot