ST 266 of the Criminal Code of the Russian Federation.
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, - 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.
2. The same acts, which through negligence resulted in the death of a person, are punishable by forced labor for a term of up to five years or imprisonment for the same term.
3. Acts provided for in the first part of this article, which through negligence resulted in the death of two or more persons, are punishable by forced labor for a term of up to five years or imprisonment for a term of up to seven years.
Normative base
Providing for Art. 266 in the Criminal Code of the Russian Federation, the legislator took into account the provisions of current regulations in the field of transport. These include federal laws:
- "On road safety."
- "On transport security."
- "About railway transport".
In addition, regulatory regulation of legal relations arising in the field of road safety is carried out on the basis of by-laws. These include:
- Government Decree No. 720 of 2009
- GOST R 5 2302-2004 and 51709-2001.
Second commentary to Art. 266 of the Criminal Code of the Russian Federation
1. The subject of the crime provided for in the commented article is the same as in the crimes provided for in Art. Art. 263, 264 CC.
2. The objective side provides for two actions:
1) poor quality repairs;
2) release into service of technically faulty vehicles. Poor quality repairs should be understood as such repairs of the items of crime specified in the article that do not ensure the safety of transport and lead to the infliction of serious harm to health. Release into service means permission to use a vehicle that has technical defects. Technically faulty vehicles should be considered those vehicles, the use of which for their intended purpose creates a real threat to traffic safety or operation.
The crime is considered completed from the moment of serious harm to human health (see commentary to Article 111 of the Criminal Code).
The specificity of the causal relationship lies in the fact that criminal consequences are caused not by the subject of the crime, but by the person who was allowed to operate a technically faulty vehicle or a poorly repaired technical transport system.
3. The subjective side is characterized by a careless form of guilt.
4. Responsibility for poor-quality repairs lies with the person who actually carried out the repairs; for the release into operation of a technically faulty vehicle - a special subject: a transport worker who is responsible for the technical condition or operation of vehicles.
5. In the event of the death of one person, the act is assessed under Part 2, and in the event of the death of two or more persons - under Part 3 of Art. 266 of the Criminal Code.
Subjective part
The act specified in Art. 266 of the Criminal Code of the Russian Federation, assumes a careless form of guilt. It can be expressed in the form of negligence or frivolity.
The subject of the crime is a sane citizen aged 16 years or older. In this case, it must have one of the following characteristics:
- His professional activity must be directly related to vehicle repair.
- He is considered responsible for the technical condition of the transport and has the authority to put it into operation.
- He is the driver or owner of a knowingly faulty vehicle who has allowed another entity to operate it.
Communication routes
These road system elements include:
- In railway transport - the railway track itself with sleepers, rails, and embankment. Their integral elements are track distances, power lines, dispatch services, etc.
- In air transport - runways, etc.
- In water transport - the direct routes of river or sea vessels from port to port.
- For vehicles – the roadway.
Objective aspect
According to Art. 266 of the Criminal Code of the Russian Federation, it is expressed in:
- Poor quality repairs of communication routes, transport, communication and signaling devices, and other equipment used in transport.
- Release of technically faulty vehicles.
The key sign of an act is the occurrence of consequences - the occurrence of serious damage to health or death of a person.
Nuances
As judicial practice shows under Art. 266 of the Criminal Code of the Russian Federation, the main task in qualifying an act is to establish a connection between the behavior of the perpetrator and the resulting consequences.
Repairs that do not meet the technical requirements established by regulations in the field of road traffic and ensure the safe operation of transport and components of the technical system of vehicle operation are considered to be of poor quality. For example, it can be expressed in the elimination of not all identified faults of the rolling stock or in the installation of parts with expired service life.
After poor-quality repairs, the vehicle is considered not to meet the necessary technical requirements.
The release into operation of faulty vehicles presupposes permission to use objects that have any breakdowns that can create an emergency situation during movement and, therefore, lead to negative consequences. Such permission may be oral or written. In the first case, we are talking, among other things, about the failure to take measures to suppress the use of a technically faulty machine. Written permission can be expressed in the issuance of a waybill to the driver, passage of the vehicle through a checkpoint, etc.
Communications and signaling equipment
They are necessary for transmitting conditional and textual information. Conditional data are commands, alerts, reports, etc. The alarm can be light (flashing lights, semaphore, beacons), sound (siren, bell).
Communication devices are special devices designed to transmit and receive text data. Communication can be telephone, fax, television, signal, telegraph, etc. Depending on the medium and means of distribution, it is divided into:
- wired;
- radio relay;
- radio communication;
- optical;
- cell phone;
- space;
- laser, etc.
In addition, communication can be short-range or long-distance.
Composition of the crime - conditions for liability
The objects of encroachment are:
- Vehicles (means any type - from airplanes to cars);
- communication routes (rails, runways, canals, etc.);
- transport equipment (any devices designed to ensure normal operation of the vehicle - semaphores, beacons, barriers, etc.)
The objective side is characterized by the following factors:
- poor-quality repairs of vehicles and their release into operation with technical problems;
- causing serious damage to human health or death;
- existence of a cause-and-effect relationship between these two incidents.
It manifests itself either in the form of action (for example, a person did not replace a damaged vehicle part, hoping that it would hold up for some time) or inaction (when a citizen negligently did not notice any technical problem in the vehicle).
The subjective side is a form of guilt in the form of negligence. In this case, we are talking about frivolity or negligence on the part of the person responsible for repairing the vehicle. If a citizen commits such an act intentionally, then it is qualified under other articles of the Criminal Code of the Russian Federation (against the lives of people or objects of property).
The offense is considered completed when the consequences specified in Article 266 of the Criminal Code of the Russian Federation (causing serious damage to human health or death) have already occurred.
The offenses described in Part 1 of Art. 266 of the Criminal Code of the Russian Federation belong to the category of crimes of minor gravity, and in parts 2 and 3 of this article - to the category of moderate gravity.
