ST 267 of the Criminal Code of the Russian Federation.
1. Destruction, damage or otherwise rendering unusable a vehicle, communication routes, signaling or communication means or other transport equipment, as well as deliberate blocking of transport communications, transport infrastructure facilities or obstruction of the movement of vehicles and pedestrians on communication routes, road network, if these acts created a threat to the life, health and safety of citizens or a threat of destruction or damage to the property of individuals and (or) legal entities, -
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 compulsory labor for a term of up to two hundred and forty hours, or by forced labor for a term of up to one year, or by imprisonment freedom for the same period.
2. The same acts, which by negligence entailed the infliction of slight harm to health, -
shall be punishable by a fine in the amount of two hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of two years to two years and six months, or by compulsory labor for a term of up to three hundred hours, or by forced labor for a term of up to two years, or imprisonment for the same period.
3. Acts provided for in the first part of this article, which entailed by negligence the infliction of moderate harm to health, -
shall be punishable by a fine in the amount of three hundred thousand to six hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of two years, six months to three years, or by compulsory labor for a term of up to four hundred hours, or by forced labor for a term of up to three years, or imprisonment for the same period.
4. Acts provided for in part one of this article, which through negligence entailed the infliction of grave harm to human health or the infliction of major damage, -
shall be punishable by a fine in the amount of four hundred thousand to seven hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of three to four years, or by compulsory labor for a term of up to four hundred and fifty hours, or by forced labor for a term of up to four years, or by imprisonment. for the same period.
5. Acts provided for in the first part of this article, resulting in the death of a person through negligence, -
shall be punishable by imprisonment for a term of up to eight years.
6. Acts 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 ten years.
Note. In this article, major damage is defined as damage the amount of which exceeds one million rubles.
Commentary to Art. 267 Criminal Code
1. The subject of the crime basically coincides with the subject of the crime provided for in Art. 266 of the Criminal Code. Additionally, transport communications were identified as the subject of the crime, i.e. a set of communication routes along which route movement of various types of transport is carried out.
2. The objective side of the crime is expressed in the form of actions: a) destruction, damage or otherwise rendering unusable a vehicle, communication lines, signaling, communication or other transport equipment; b) blocking transport communications. Other methods of rendering the vehicle unfit for use include actions not related to the violation of the physical integrity and structure of the subject of the crime, as a result of which the operation of the corresponding subject of the crime is also impossible (filling oil in the cooling system of a vehicle, de-energizing alarm systems, etc.). ). Blocking transport communications is the creation of obstacles to the movement of a vehicle along communication routes (arrangement of physical obstacles, etc.). A mandatory feature of the crime in question is the occurrence of socially dangerous consequences due to negligence: grave harm to human health or major damage (part 1) (according to the note to this article, this is damage the amount of which exceeds 1 million rubles); death of a person (part 2); death of two or more persons (Part 3). In this case, it is necessary to establish a cause-and-effect relationship between actions and socially dangerous consequences that occur.
3. The crime is considered completed from the moment the specified socially dangerous consequences occur. In the absence of these consequences when blocking transport communications, these actions are qualified under Art. 20.18 Code of Administrative Offenses of the Russian Federation.
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 -
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.
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.
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.
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)
Second commentary to Art. 267 of the Criminal Code of the Russian Federation
1. Railway communications are a railway track with rails, sleepers and embankment; in the air - runways, taxiways, safety strips, etc.; in water transport - the route of a vessel from one geographical point (port) to another through open areas of the ocean or sea, as well as natural or artificial narrows (straits, canals, rivers, lakes). Signaling means - means that provide conditional information (command, report, notification, identification, control, etc.), can be audio, visual (light), etc. Signaling means, for example, include semaphores, beacons, beacons, wayfinding and marking signs. Communication means are technical devices that provide the transmission and reception of various types of messages. Communication can be telephone, telegraph, telecode, facsimile, television, etc. Transport equipment is understood as a set of mechanisms, devices, instruments necessary for the safe operation of railways, aviation, sea and river fleets, and the metro. Transport communications is a general concept that includes communication routes and structures on them.
2. Destruction is the complete collapse of the system, as a result of which it is unable to function for its intended purpose. When destroyed, either the technical possibility of restoring the subject of the crime is lost, or it becomes economically infeasible. Damage entails a partial change in the properties, structure and form of a technical system, due to which it can be restored. When otherwise rendered unusable for use, the object of the crime does not suffer damage; it remains serviceable, but “falls out” of the system that ensures the safe operation of transport. Blocking transport communications means significantly limiting or even paralyzing the activities of a certain link in the railway, air or water transport system.
3. On the concept of grievous bodily harm, see the commentary to Art. 111 of the Criminal Code. Major damage is considered to be damage whose amount exceeds 1 million rubles.
4. The subjective side is characterized by a careless form of guilt.
5. The subject of the crime is a person who has reached the age of 14.
6. The death of one person or two persons or more is provided for, respectively, in Parts 2 and 3 of Art. 267 CC.
Judicial practice: sentences and punishment under Art. 267.1 of the Criminal Code of the Russian Federation
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Article 267.1.
Actions that threaten the safe operation of vehicles Commentary on Article 267.1
1. The object of the crime is the safety of the functioning of transport, with the exception of pipelines. The concept of a vehicle is disclosed in the Federal Law of 02/09/2007 N 16-FZ “On Transport Safety”, according to which vehicles are devices intended for the transportation of individuals, cargo, luggage, hand luggage, personal belongings, animals or equipment installed on specified vehicle devices, in the meanings defined by transport codes and charters, and including: a) road transport vehicles used for regular transportation of passengers and luggage or transportation of passengers and luggage on order or used for the transportation of dangerous goods for the implementation of which special permission required; b) commercial civil aviation aircraft; c) general aviation aircraft, determined by the Government of the Russian Federation on the proposal of the federal executive body, which carries out the functions of developing state policy and legal regulation in the field of transport, agreed with the federal executive body in the field of ensuring the security of the Russian Federation, the federal executive body, carrying out the functions of developing state policy and legal regulation in the field of internal affairs; d) vessels used for the purposes of merchant shipping (sea vessels), with the exception of pleasure craft, sports sailing vessels, as well as artificial installations and structures that are created on the basis of offshore floating platforms and the features of protection of which from acts of unlawful interference are established in accordance with Art. . 12.3 of the above Federal Law; e) vessels used on inland waterways for the transportation of passengers, with the exception of pleasure craft, sports sailing vessels, and (or) for the transportation of high-risk cargo, permitted for transportation under special permits in the manner established by the Government of the Russian Federation on the proposal of the federal executive body carrying out the functions of developing state policy and legal regulation in the field of transport, agreed upon with the federal executive body in the field of ensuring the security of the Russian Federation, the federal executive body exercising the functions of developing state policy and legal regulation in the field of internal affairs; f) railway rolling stock carrying passengers and (or) high-risk cargo permitted for transportation under special permits in the manner established by the Government of the Russian Federation on the proposal of the federal executive body exercising the functions of developing state policy and legal regulation in the field of transport , agreed with the federal executive body in the field of ensuring the security of the Russian Federation, the federal executive body exercising the functions of developing state policy and legal regulation in the field of internal affairs; g) urban ground electric transport vehicles. In addition, in the Federal Law of December 10, 1995 N 196-FZ “On Road Traffic Safety”, in relation to the scope of regulation of this Law, a vehicle is understood as a device intended for transporting people, cargo or equipment installed on it along the roads. 2. The elements of the crime provided for in the comment. article, - formal . If liability under Art. Art. 263, 264, 266, 268, 271.1 of the Criminal Code occurs only when the consequences specified in the law occur, then according to this provision the corpus delicti is complete from the moment the actions are committed, as a result of which a situation is created that threatens the safety of people or the safety of property, including transported cargo and the actual vehicles. An act can only be committed in the form of an action . Another difference from the crimes provided for in Art. Art. 263, 264, 266, 268, 271.1 of the Criminal Code, is that liability arises when committing any actions that create a threat to safety, and not just actions containing a violation of the relevant regulations governing the operation of vehicles (for example, blinding the pilot of an aircraft laser pointer). 3. From the subjective side, the crime is characterized by a deliberate form of guilt and hooligan motives . The concept of hooligan motive is disclosed in paragraph 12 of the Post. Plenum of the Armed Forces of the Russian Federation dated November 15, 2007 N 45. 4. The subject of the crime is a sane individual who has reached the age of 16.
