Commentary to Art. 350 of the Criminal Code
1. This corpus delicti is special in relation to the corpus delicti provided for in Art. 264 CC. The rules for driving and operating a combat, special or transport vehicle are regulated in addition to the Traffic Rules approved by Resolution of the Council of Ministers - Government of the Russian Federation of October 23, 1993 N 1090, and various departmental regulatory legal acts.
2. The objective side is characterized by a violation of driving rules, i.e. direct control during movement, or operation carried out in order to ensure trouble-free operation of these items.
3. The crime will be considered completed from the moment of causing serious harm to human health.
Article 350. Violation of rules for driving or operating vehicles
The appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated January 31, 2019 N 5-APU19-2 is being processed by the investigative department of the Investigative Department of the State Service for Combating Economic Crimes under the Government of the Kyrgyz Republic. There is a criminal case on charges against Yusupov M.Kh. in taking possession of someone else's property by deception and abuse of trust, causing significant damage to a citizen, as well as in forgery of documents, that is, in committing crimes provided for in paragraph 2, part 3 of Art. 166, part 1, 2 art. 350 of the Criminal Code of the Kyrgyz Republic.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated August 28, 2019 N 78-APU19-25
The Deputy Prosecutor General of the Russian Federation issued a resolution dated April 10, 2022 on the extradition of A.T. Ismailov. to bring to criminal liability for fraud under Art. 166 part 2 clauses 2, 3 of the Criminal Code of the Kyrgyz Republic and for forgery of an official document under Art. 350 parts 1, 4, 6 of the Criminal Code of the Kyrgyz Republic. In the extradition of Ismailov A.T. to bring to criminal liability for the use of a knowingly forged document under Art. 350 part 2 of the Criminal Code of the Kyrgyz Republic was denied.
Determination of the Constitutional Court of the Russian Federation dated 07/08/2021 N 1373-O
The criminal law establishes a system of special norms aimed at ensuring safety in certain areas of life, characterized by increased requirements for the behavior of subjects (in particular, articles 143, 215, 216, 217, 218, 219, 236, 247, 263, 264, 268, 350 of the Criminal Code of the Russian Federation). In such relations, their participants act as special subjects called upon to comply with a set of rules that ensure both individual safety and the general security of life and health of a wide (indefinite) circle of people. Failure to comply (violate) the requirements of special norms in itself creates a danger of causing harm to the life and health of people and other objects of criminal legal protection.
Determination of the Constitutional Court of the Russian Federation dated December 14, 2021 N 2649-O
3. The criminal law has a system of special norms aimed at ensuring safety in certain areas of life, characterized by increased requirements for the behavior of subjects (in particular, articles 143, 215, 216, 217, 218, 219, 236, 247, 263, 264, 268 and 350 of the Criminal Code of the Russian Federation). In such relations, their participants act as special subjects called upon to comply with a set of rules that ensure both individual safety and the general security of life and health of a wide range of people. Violation of the requirements of special norms in itself creates a danger of harm to life and health, and other objects of criminal legal protection (Determination of the Constitutional Court of the Russian Federation of July 8, 2022 N 1373-O). At the same time, liability for careless causing of death is provided both in the general rule, which is Article 109 of the Criminal Code of the Russian Federation, and in special rules on liability for violation of rules aimed at reducing the risks of a particular type of activity, including rules ensuring labor protection for workers, industrial safety of hazardous production facilities or safety of construction and other potentially hazardous work (Articles 143, 216 and 217 of the Criminal Code of the Russian Federation).
Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated 02/01/2021 N 11-КГ20-12-К6
By the resolution of the investigator of the military investigative department of the Investigative Committee of the Russian Federation for the Sosnovy Bor garrison dated October 9, 2022, it was refused to initiate a criminal case (hereinafter also referred to as the resolution to refuse to initiate a criminal case) against a former serviceman under the contract of military unit 46108 I.G. Gazizov. upon a report of the commission of a crime provided for in Part 1 of Article 350 of the Criminal Code of the Russian Federation (violation of the rules of driving or operating a combat, special or transport vehicle, resulting through negligence in causing grievous harm to human health), on the basis provided for in paragraph 4 of Part 1 of Article 24 of the Criminal Code procedural code of the Russian Federation, that is, in connection with the death of the person in respect of whom the inspection was carried out.
Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated 04/01/2019 N 25-КГ18-7
According to the verdict of the St. Petersburg Garrison Military Court dated June 17, 2003, Martynov A.B. found guilty of committing a crime under Part 3 of Article 350 of the Criminal Code of the Russian Federation (violation of the rules of driving or operating a combat, special or transport vehicle, resulting in the death of two or more persons through negligence), he was sentenced using an article of the Criminal Code of the Russian Federation (appointment a more lenient punishment than provided for this crime) in the form of imprisonment for a period of three years in a penal colony.
Second commentary to Art. 350 of the Criminal Code of the Russian Federation
1. Violation of driving rules is a violation of the rules for driving a moving vehicle: speeding, violation of overtaking rules, failure to switch high beams to low beams, etc. Violation of operating rules means a violation of the rules for using a military vehicle in accordance with its purpose and technical capabilities, as well as for maintenance: releasing a technically faulty vehicle into flight, allowing persons who do not have the right to operate it, etc.
2. On the concept of grievous bodily harm, see the commentary to Art. Art. 111 of the Criminal Code.
3. The subject of the crime is a military serviceman driving a vehicle or responsible for its operation (if responsible for violating operating rules).
4. The subjective side of the crime is guilt in the form of negligence.
Commentary on Article 350 of the Criminal Code of the Russian Federation
1. The subject of the crime is combat vehicles (tanks, self-propelled artillery, armored personnel carriers, infantry fighting vehicles, etc.), special vehicles (bulldozers, scrapers, etc.), transport vehicles for transporting personnel, weapons and other military equipment.
2. The objective side of the crime is a violation of the rules of driving or operating a combat, special or transport vehicle, which through negligence resulted in the infliction of serious harm to human health.
The rules for driving and operating combat, special or transport vehicles are determined by the Rules of Road Traffic and Operation of Vehicles, general military regulations of the Armed Forces of the Russian Federation, and other regulatory legal acts.
Violations of these Rules include the release of technically unprepared vehicles, permission to drive military personnel in a sick condition, exceeding the established speed, improper overtaking of moving vehicles, driving into oncoming traffic, etc.
3. The crime is considered completed from the moment of causing serious harm to a person’s health, the concept of which is disclosed in Art. 111 of the Criminal Code.
4. The subjective side of the crime is characterized by a careless form of guilt.
5. The subject of the crime is a military serviceman driving a vehicle or responsible for its operation.
Violation of these rules, which through negligence resulted in the death of a person, is qualified under Part 2, and the death of two or more persons - under Part 3 of Art. 350.
Commentary on Article 350 of the Criminal Code of the Russian Federation
The object of the crime is the safety of movement and operation of military vehicles. The subject of the crime is combat, special and transport vehicles. These are self-propelled vehicles in service, carrying weapons, special devices that serve as a means of transportation, movement of military equipment: tanks, infantry fighting vehicles, armored personnel carriers, artillery mortars, rocket launchers, construction and fire fighting vehicles, vehicles intended for transporting personnel, transportation of weapons and ammunition, etc.
The objective side of the crime can be expressed both in action and inaction and consists of a violation of driving rules. Driving is the direct control of a vehicle while moving (violating the speed limit, improper maneuvering, violating the requirements of a traffic controller, road signs, etc.). Operation is the use of the machine in accordance with its purpose, technical capabilities, compliance with maintenance rules, etc.
Mandatory elements of a crime include the occurrence of socially dangerous consequences in the form of grave harm to human health as a result of violation of the relevant rules. According to the construction of the objective side, the corpus delicti is material. The crime is completed from the moment of causing serious harm to a person’s health.
Causing harm to human health (or death) through negligence as a result of violating the rules of driving or operating machines as a single crime is covered by the relevant part of Art. 350 of the Criminal Code of the Russian Federation and does not require additional qualifications under articles on crimes against the person.
At the same time, violation of the rules of driving or operating machines, which, along with carelessly causing damage to human health or life, also resulted in material damage due to negligence, can form a set of crimes and be qualified under Art. 350 of the Criminal Code of the Russian Federation and the corresponding article of the Criminal Code of the Russian Federation (Article 168 or Art. 347).
The disposition of the article under consideration is blanket. Therefore, to establish the elements of a crime, it is necessary to refer to specific regulations governing the procedure for driving and operating cars. The main difference between the crime under consideration and the crimes provided for in Art. Art. 263, 264 of the Criminal Code of the Russian Federation, consists in the ownership of transport by the armed forces.
The subjective side is characterized only by a careless form of guilt in the form of frivolity or negligence.
The subject of the crime is a special one - a serviceman driving a military vehicle or responsible for its operation.
Qualified and especially qualified offenses provide for liability for the same act, which negligently resulted in the death of one person (Part 2 of Article 350 of the Criminal Code of the Russian Federation) or several - two or more persons (Part 3 of Article 350 of the Criminal Code of the Russian Federation).
Comments on the article
The subject of the crime is combat vehicles (tanks, self-propelled artillery, armored personnel carriers, infantry fighting vehicles, etc.), special vehicles (bulldozers, scrapers, etc.), transport vehicles for transporting personnel, weapons and other military equipment.
The objective side of the crime is a violation of the rules of driving or operating a combat, special or transport vehicle, which, through negligence, resulted in the infliction of grievous harm to human health.
The rules for driving and operating combat, special or transport vehicles are determined by the Rules of Road Traffic and Operation of Vehicles, general military regulations of the Armed Forces of the Russian Federation, and other regulatory legal acts.
Violations of these Rules include the release of technically unprepared vehicles, permission to drive military personnel in a sick condition, exceeding the established speed, improper overtaking of moving vehicles, driving into oncoming traffic, etc.
The crime is considered completed from the moment of causing serious harm to a person’s health, the concept of which is disclosed in Art. 111 of the Criminal Code.
The subjective side of the crime is characterized by a careless form of guilt.
The subject of the crime is the military personnel driving the vehicle or responsible for its operation.
Violation of these rules, which through negligence resulted in the death of a person, is qualified under Part 2, and the death of two or more persons - under Part 3 of Art. 350 CC.
