About the peculiarities of the objective side of driving a vehicle in a state of intoxication by a person who has been subjected to administrative punishment or has a criminal record

The author, based on the current legislation, clarifications of the Plenum of the Supreme Court of the Russian Federation, and special scientific literature, examines in detail some problematic issues that arise in law enforcement when establishing signs of the objective side of the crime provided for in Article 264.1 of the Criminal Code of the Russian Federation. An important aspect is the need for a differentiated approach to assessing the actions of drivers, which requires taking into account the specific circumstances of the case. The study of these problems can contribute to the formation of clearer judicial practice and reduce the number of errors in criminal prosecution under Article 264.1 of the Criminal Code of the Russian Federation. In addition, the formulated criteria for assessing the objective side of the crime in Article 264.1 of the Criminal Code of the Russian Federation should be adapted to modern legal practice and understood in the context of the general principles of criminal law. This will minimize the cases of bringing to justice persons whose actions do not contain signs of a crime provided for in this article. The methodological basis of this study consists of the basic provisions of the dialectical method of cognition, general scientific and private scientific methods, such as comparative legal, formal logical, formal legal, systemic. The article reveals the objective side of driving a vehicle in a state of intoxication by a person who has been subjected to administrative punishment or has a criminal record. It has been established that this crime can be committed only by action – driving a motor vehicle. According to the construction of the objective side, the corpus delicti provided for in Article 264.1 of the Criminal Code of the Russian Federation is formal, and therefore, the moment of the end of the crime is associated with the beginning of movement of a mechanical vehicle under the control of a driver who is intoxicated. In order to recognize the process of driving a vehicle as having taken place, it is necessary to establish circumstances indicating the direct impact of the driver on the controls, as a result of which the vehicle moves in space. The results of the conducted research have scientific value, since they represent a comprehensive analysis of the objective side of the crime provided for in Article 264. 1 of the Criminal Code of the Russian Federation through some criminal law and criminal procedure problems existing both in theory and in law enforcement.

criminal law, crime, the composition of the crime, the objective side of the crime, traffic crime, road safety, driving a vehicle, state of intoxication, administrative prejudice, criminal record