RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of December 9, 2008 No. 25

About court practice on cases on the crimes connected with road traffic offense and operation of vehicles and also with their illegal occupancy without the plunder purpose

Due to the questions arising at courts by hearing of cases about the crimes provided by Articles 264, 264.1, 264.2, 264.3, 266, and also article 166 of the Criminal Code of the Russian Federation and for the purpose of ensuring unity of court practice the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make to courts the following explanations.

1. Draw the attention of courts that criminal liability for crime, the stipulated in Article 264 Criminal Code of the Russian Federation, can take place only on condition of approach of the effects specified in this Article and if these effects are in causal relationship with the road traffic offenses allowed by person or operation of vehicles.

2. 264, 264.1, 264.2 and 264.3 the Criminal Code of the Russian Federation is subject to responsibility under Articles the person which reached 16-year age driving the car, tram or other motorized vehicle intended for transportation across roads of people, loads or the equipment installed on it (Item 1.2 of Traffic regulations of the Russian Federation, further - Rules).

The subject of the crimes provided by articles 264 and 264.1 Criminal Code of the Russian Federation not only the driver who passed examinations for the right of management of the specified type of the vehicle and received the corresponding certificate, but also any other person managing the vehicle including person from whom the specified document was withdrawn in the procedure established by the law for earlier allowed violation of Items of Rules, person who did not have or the deprived right of management of the corresponding type of the vehicle, and also person training to driving at the educational vehicle with double control is recognized. At the same time, and equally under articles 264.2 and 264.3 Criminal Code of the Russian Federation only the person subjected to administrative punishment for making of the administrative offenses specified in these regulations or having criminal record for the corresponding crimes, and in the cases provided by part 1 of Article 264.2 and article 264.3 Criminal Code of the Russian Federation, - also deprived of the right of control of vehicles is subject to responsibility under article 264.1 Criminal Code of the Russian Federation.

Motorized vehicles in Articles 264 - 264.3 Criminal Code of the Russian Federation are understood as cars, buses, trolleybuses, trams, motorcycles, kvadritsikla, mopeds set in motion by the engine other vehicles, on management of which in accordance with the legislation of the Russian Federation about traffic safety the special right, and also tractors, self-propelled road-building and other self-propelled machines is granted.

Persons which were managing the vehicles which are not relating to the specified motorized vehicles (for example, the means of individual mobility specified in Item 1.2 of Rules, or bicycle), or other means using for movement (in particular, the scooter) and allowed the violation of safety rules or operation of vehicles which entailed on imprudence causing severe harm to health or the death of the person in the presence to that the bases bear responsibility respectively in parts 1, 2 or 3 articles 268 Criminal Code of the Russian Federation.

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