Chapter 27 of the Criminal Code of the Russian Federation Crimes against traffic safety and operation of transport combines 12 articles of so-called “transport” crimes. The most common of them in practice is Art. 264 of the Criminal Code of the Russian Federation Road accidents with victims and 264.1 of the Criminal Code of the Russian Federation Driving while intoxicated. Chapter 27 of the Criminal Code of the Russian Federation also includes the following elements:
Article 263. Violation of traffic safety rules and operation of railway, air, sea and inland water transport and the subway
Article 263.1. Violation of transport security requirements
Article 264. Violation of traffic rules and operation of vehicles
Article 264.1. Violation of traffic rules by a person subject to administrative punishment
Article 265. Repealed
Article 266. Poor quality repairs of vehicles and their release into service with technical defects
Article 267. Rendering of transport means or means of communication unusable
Article 267.1. Actions that threaten the safe operation of vehicles
Article 268. Violation of rules ensuring safe operation of transport
Article 269. Violation of safety rules during the construction, operation or repair of main pipelines
Article 270. Failure by the captain of a ship to provide assistance to those in distress
Article 271. Violation of international flight rules
Article 271.1. Violation of the rules for using the airspace of the Russian Federation
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Defense in cases of crimes against traffic safety and transport operation
The defense of a criminal lawyer for transport crimes involves its own specifics. In such cases, an experienced transport lawyer or car lawyer will provide the necessary defense in cases of crimes against traffic safety and operation of transport. Effective defense for transport crimes is possible if you seek legal assistance in a timely manner; the earlier the appeal to a lawyer follows after the act has been committed, the higher the chances of a favorable outcome of the case.
Traffic crime lawyer
A lawyer for transport crimes will help develop a defense position, will accompany his client during the investigation, in court, and also when appealing the verdict, if such a need arises. If you or your relative are accused of committing a transport crime under Ch. 27 of the Criminal Code of the Russian Federation, in an accident causing serious harm to health or death, drunk driving, or other transport crimes, contact a criminal lawyer as soon as possible to ensure reliable protection. To contact a lawyer, call the phone number listed on the website.
Chapter 27. CRIMES AGAINST TRAFFIC SAFETY
AND OPERATION OF TRANSPORT
Article 263. Violation of traffic safety rules and operation of railway, air, sea and inland water transport and the subway
(as amended by Federal Law dated July 27, 2010 N 195-FZ)
1. Violation of traffic safety rules and operation of railway, air, sea and inland water transport and the metro by a person who, by virtue of the work performed or position held, is obliged to comply with these rules, except for the cases provided for in Article 271.1 of this Code, as well as the refusal of the specified person to comply of their labor duties in the case where such refusal is prohibited by law, if these acts negligently entailed the infliction of serious harm to human health or the infliction of major damage -
(as amended by Federal Law dated November 7, 2011 N 304-FZ)
shall be punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, or by restriction of freedom for a term of up to four years, or by forced labor for a term of up to two years with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years or without it, or arrest for a term of up to six months, or imprisonment for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it.
(as amended by Federal Laws dated 03/07/2011 N 26-FZ, dated 12/07/2011 N 420-FZ)
2. An act provided for in the first part of this article, which through negligence entailed the infliction of grave harm to a person’s health, if it:
a) committed by a person in a state of intoxication;
b) involves leaving the place where it was committed, -
shall be punishable by forced labor for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or imprisonment for a term of up to four years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
(as amended by Federal Law dated April 23, 2019 N 65-FZ)
3. Acts provided for in part one of this article, resulting in the death of two or more persons through negligence, -
shall be punishable by forced labor for a term of up to five years or imprisonment for a term of up to seven years.
(as amended by Federal Law dated December 7, 2011 N 420-FZ)
Note. In this article, major damage is defined as damage the amount of which exceeds one million rubles.
Commentary on Article 263
Article 263.1. Violation of transport security requirements
(as amended by Federal Law No. 15-FZ dated 03.02.2014)
1. Failure to comply with transport safety requirements at transport infrastructure facilities and vehicles, if this act negligently resulted in the infliction of serious harm to human health or the infliction of major damage, -
shall be punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by restriction of freedom for a term of up to one year.
2. Failure to comply with requirements for ensuring transport safety of transport infrastructure facilities and vehicles by a person responsible for ensuring transport safety, if this act negligently entailed the infliction of serious harm to human health or the infliction of major damage, -
shall be punishable by restriction of freedom for a term of up to four years, or forced labor for a term of up to five years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or by imprisonment for a term of up to five years.
3. Acts provided for in parts one or two of this article, committed by a group of persons by prior conspiracy or resulting in the death of a person through negligence, -
shall be punishable by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or without one.
4. Acts provided for in parts one or two of this article, committed by an organized group or resulting in the death of two or more persons through negligence, -
shall be punishable by imprisonment for a term of five to eight years with a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to three years, or without it, with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years. or without it.
Note. In this article, major damage is defined as damage the amount of which exceeds one million rubles.
Criminal Code of the Russian Federation Article 264. Violation of traffic rules and operation of vehicles
(as amended by Federal Law No. 20-FZ of February 13, 2009)
1. Violation by a person driving a car, tram or other mechanical vehicle of the rules of the road or the operation of vehicles, which through negligence entailed the infliction of grave harm to human health, -
shall be punishable by restriction of freedom for a term of up to three years, or forced labor for a term of up to two years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or by arrest for a term of up to six months, or by imprisonment for a term of up to two years with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.
(as amended by Federal Laws dated December 27, 2009 N 377-FZ, dated March 7, 2011 N 26-FZ, dated December 7, 2011 N 420-FZ, dated December 31, 2014 N 528-FZ)
2. An act provided for in the first part of this article, which through negligence entailed the infliction of grave harm to a person’s health, if it:
a) committed by a person in a state of intoxication;
b) involves leaving the place where it was committed, -
shall be punishable by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or imprisonment for a term of three to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
(as amended by Federal Law dated June 17, 2019 N 146-FZ)
(Part 2 as amended by Federal Law dated April 23, 2019 N 65-FZ)
3. An act provided for in the first part of this article, resulting in the death of a person through negligence, -
shall be punishable by forced labor for a term of up to four years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
(as amended by Federal Laws dated December 7, 2011 N 420-FZ, dated December 31, 2014 N 528-FZ)
4. An act provided for in the first part of this article, resulting in the death of a person through negligence, if it:
a) committed by a person in a state of intoxication;
b) involves leaving the place where it was committed, -
shall be punishable by imprisonment for a term of five to twelve years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
(as amended by Federal Law dated June 17, 2019 N 146-FZ)
(Part 4 as amended by Federal Law dated April 23, 2019 N 65-FZ)
5. An act provided for in the first part of this article, resulting in the death of two or more persons through negligence, -
shall be punishable by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or imprisonment for a term of up to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
(as amended by Federal Laws dated December 7, 2011 N 420-FZ, dated December 31, 2014 N 528-FZ)
6. An act provided for in the first part of this article, resulting in the death of two or more persons through negligence, if it:
a) committed by a person in a state of intoxication;
b) involves leaving the place where it was committed, -
shall be punishable by imprisonment for a term of eight to fifteen years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
(as amended by Federal Law dated June 17, 2019 N 146-FZ)
(Part 6 as amended by Federal Law dated April 23, 2019 N 65-FZ)
Note. No longer in force on July 1, 2015. — Federal Law of December 31, 2014 N 528-FZ.
Notes. 1. In this article and Article 264.1 of this Code, other mechanical vehicles mean tractors, self-propelled road construction and other self-propelled machines, as well as vehicles for which a special right is granted in accordance with the legislation of the Russian Federation on road safety.
2. For the purposes of this article and Articles 263 and 264.1 of this Code, a person who is in a state of intoxication is recognized as a person driving a vehicle if it is established that this person has consumed substances that cause alcoholic intoxication, which is determined by the presence of absolute ethyl alcohol in a concentration exceeding the possible the total measurement error established by the legislation of the Russian Federation on administrative offenses, or in the case of the presence in the body of this person of narcotic drugs, psychotropic substances or their analogues or new potentially dangerous psychoactive substances, as well as a person driving a vehicle who has not complied with the legal requirement of an authorized official about undergoing a medical examination for intoxication in the manner and on the grounds provided for by the legislation of the Russian Federation.
(as amended by Federal Laws dated July 3, 2016 N 328-FZ, dated June 17, 2019 N 146-FZ)
(notes introduced by Federal Law dated December 31, 2014 N 528-FZ)
Commentary on Article 264
Article 264.1. Violation of traffic rules by a person subject to administrative punishment
(introduced by Federal Law dated December 31, 2014 N 528-FZ)
Driving a car, tram or other power-driven vehicle by a person who is intoxicated, who has been subjected to administrative punishment for driving while intoxicated or for failure to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication, or who has a criminal record for committing a crime while intoxicated. provided for by parts two, four or six of Article 264 of this Code or this article -
shall be punishable by a fine in the amount of two hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or with compulsory labor for a term of up to four hundred eighty hours with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or forced labor for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or imprisonment for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.
Article 265. Repealed. — Federal Law of December 8, 2003 N 162-FZ.
Article 266. Poor quality repairs of vehicles and their release into service with technical defects
1. Poor quality repairs of vehicles, means of communication, signaling or communication means or other transport equipment, as well as the release into operation of technically faulty vehicles by a person responsible for the technical condition of vehicles, if these acts negligently entailed the infliction of grave harm to human health, -
(as amended by Federal Law dated December 8, 2003 N 162-FZ)
shall be punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, or by restriction of liberty for a term of up to three years, or by forced labor for a term of up to two years with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years or without it, or arrest for a term of up to six months, or imprisonment for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it.
(as amended by Federal Laws dated 08.12.2003 N 162-FZ, dated 07.12.2011 N 420-FZ)
2. The same acts that caused the death of a person through negligence, -
shall be punished by forced labor for a term of up to five years or imprisonment for the same term.
(as amended by Federal Law dated December 7, 2011 N 420-FZ)
3. Acts provided for in part one of this article, resulting in the death of two or more persons through negligence, -
shall be punishable by forced labor for a term of up to five years or imprisonment for a term of up to seven years.
(as amended by Federal Law dated December 7, 2011 N 420-FZ)
Commentary on Article 266
Article 267. Rendering of transport means or means of communication unusable
1. Destruction, damage or otherwise rendering unusable a vehicle, communication lines, signaling or communication means or other transport equipment, as well as blocking transport communications, if these acts negligently resulted in the infliction of grave harm to human health or the infliction of major damage , —
(as amended by Federal Law dated December 8, 2003 N 162-FZ)
shall be punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, or by forced labor for a term of up to four years, or by imprisonment for the same term.
(as amended by Federal Law dated December 7, 2011 N 420-FZ)
2. The same acts that caused the death of a person through negligence, -
shall be punishable by imprisonment for a term of up to eight years.
(as amended by Federal Law dated 03/07/2011 N 26-FZ)
3. Acts provided for in part one of this article, resulting in the death of two or more persons through negligence, -
shall be punishable by imprisonment for a term of up to ten years.
(as amended by Federal Law dated 03/07/2011 N 26-FZ)
Note. In this article, major damage is defined as damage the amount of which exceeds one million rubles.
(note introduced by Federal Law dated July 27, 2010 N 195-FZ)
Commentary on Article 267
Article 268. Violation of rules ensuring safe operation of transport
1. Violation by a passenger, pedestrian or other traffic participant (except for persons specified in Articles 263 and 264 of this Code) of traffic safety rules or operation of vehicles, if this act negligently entailed the infliction of grave harm to human health, -
(as amended by Federal Law dated December 8, 2003 N 162-FZ)
shall be punishable by restriction of freedom for a term of up to three years, or forced labor for a term of up to two years, or arrest for a term of up to four months, or imprisonment for a term of up to two years.
(as amended by Federal Laws dated 03/07/2011 N 26-FZ, dated 12/07/2011 N 420-FZ)
2. The same act, resulting in the death of a person through negligence, -
shall be punishable by restriction of freedom for a term of up to four years, or forced labor for a term of up to four years, or imprisonment for the same term.
(as amended by Federal Law dated December 7, 2011 N 420-FZ)
3. An act provided for in the first part of this article, resulting in the death of two or more persons through negligence, -
shall be punishable by forced labor for a term of up to five years or imprisonment for a term of up to seven years.
(as amended by Federal Law dated December 7, 2011 N 420-FZ)
Commentary on Article 268
Article 269. Violation of safety rules during the construction, operation or repair of main pipelines
1. Violation of safety rules during the construction, operation or repair of main pipelines, if this act negligently entailed the infliction of grave harm to human health, -
(as amended by Federal Law dated December 8, 2003 N 162-FZ)
shall be punishable by restriction of freedom for a term of up to three years, or forced labor for a term of up to two years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or by arrest for a term of up to six months, or by imprisonment for a term of up to two years with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.
(as amended by Federal Laws dated December 27, 2009 N 377-FZ, dated March 7, 2011 N 26-FZ, dated December 7, 2011 N 420-FZ)
2. The same act, resulting in the death of a person through negligence, -
shall be punishable by forced labor for a term of up to five years or imprisonment for the same term.
(as amended by Federal Law dated December 7, 2011 N 420-FZ)
3. An act provided for in the first part of this article, resulting in the death of two or more persons through negligence, -
shall be punishable by forced labor for a term of up to five years or imprisonment for a term of up to seven years.
(as amended by Federal Law dated December 7, 2011 N 420-FZ)
Commentary on Article 269
Article 270. Failure by the captain of a ship to provide assistance to those in distress
Failure by the captain of a ship to provide assistance to people in distress at sea or on another waterway, if this assistance could have been provided without serious danger to his ship, its crew and passengers, -
shall be punishable by a fine in the amount of up to two hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by forced labor for a term of up to two years with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years, or imprisonment for a term of up to two years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
(as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated December 27, 2009 N 377-FZ, dated December 7, 2011 N 420-FZ)
Commentary on Article 270
Article 271. Violation of international flight rules
Failure to comply with the routes, landing sites, air gates, flight altitudes specified in the permit, or other violation of the rules of international flights -
shall be punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by arrest for a term of up to six months, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
(as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated December 27, 2009 N 377-FZ, dated March 7, 2011 N 26-FZ)
Commentary on Article 271
Article 271.1. Violation of the rules for using the airspace of the Russian Federation
(introduced by Federal Law dated November 7, 2011 N 304-FZ)
1. Use of the airspace of the Russian Federation without permission in cases where such permission is required in accordance with the legislation of the Russian Federation, if this act negligently resulted in the infliction of serious harm to health or the death of a person -
shall be punishable by imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
2. An act provided for in the first part of this article, resulting in the death of two or more persons through negligence, -
shall be punishable by imprisonment for a term of up to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
