RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF UZBEKISTAN

of December 22, 2000 No. 32

About court practice on the cases connected with crimes against movement and operation of transport

Courts generally correctly apply the legislation in case of hearing of cases on crimes against movement and operation of transport.

In the place from the subjects Plenum notes, in case of hearing of cases of this category separate shortcomings are allowed. In particular, the facts of not study of proofs on case take place, committed act is qualified incorrectly, the attention to the circumstances mitigating or aggravating punishments therefore the guilty person imposes disproportionately to deeds penalty is fully not paid.

Courts also make mistakes in case of permission of the civil actions connected with collection for compensation of the material and moral damage caused to the victims or for their treatment.

For the purpose of elimination of the available shortcomings and uniform application of the legislation the Plenum of the Supreme Court of the Republic Uzbekiistan.

DECIDES:

1. Draw the attention of courts to need of improvement of quality of hearing of cases about crimes against traffic safety and operation of transport, periodic studying about generalization of court practice, consideration of criminal cases by such skilled structure of court competent of features of this category of crimes, strengthening of the corrective actions directed on elimination of the reasons and conditions promoting their making.

2. Criminal liability for abuse of regulations of movement and operation of vehicles is provided in disposition of Articles 260 - 269 Criminal codes. Cars, all types of tractors, self-propelled machines, trams, trolleybuses, and also motorcycles and other motorized vehicles, with the internal combustion engine in amount over 50 cm3 belong to number of the "vehicles" provided in these Articles.

Under "driverless vehicles" the special machines intended for road laying, construction, agricultural industry and other works (excavators, graders, scrapers, auto-loaders) are implied. The concept of other motorized vehicles is specified in "Traffic regulations".

3. Stipulated in Article 266 Criminal codes the responsible person managing the vehicle to which at the time of the road accident 16 years were performed can be the subject of crime. At the same time does not matter whether person the vehicle self-willedally or on permission managed, whether it was vehicle owner or not, availability at it of the certificate granting the right to vehicle control.

In case of the solution of question of damage liability, caused as a result of the road accident, person which did not reach age of majority, courts shall be guided by requirements of Articles 993-994 of the Civil code of the Republic of Uzbekistan.

4. Obligatory sign of the crimes provided by Articles 260-263, 266, 268 - 269 Criminal codes is causing bodily harms of average weight or the heavy injury got as a result of abuse of regulations of movement or operation of transport, death of people, catastrophic crashes or other heavy effects.

Are implied by "the human victims" the death of two or more people which resulted from transport incident;

The concept "catastrophic crashes" is implied as causing the essential harm dangerous to the environment, health and life of people, the accident of railway, sea, river, air, and also public transport which served as cause of death of people (the bus, the trolleybus, etc.);

Under "another heavy effects" causing heavy bodily harms to several persons as a result of the road accident, failure for the long term of trains, ships or airplanes, causing damage to the transported loads in especially large sizes, destruction of surrounding apartment houses and other constructions (explosion, fire, blockage) and also, the related cases of damnification in especially large sizes means. (Courts of the specific case having the right proceeding from circumstances, to give legal treatment to criminal result as led to heavy effects, at the same time it is necessary to motivate the conclusions in sentence).

5. In the presence of essential elements of offense, provided by different parts of one article of the Criminal Code which are made as a result of violation of safety rules and operation of transport, the act made by the guilty person shall be qualified according to requirements of article 33 UK, by that its part determining heavier punishment.

At the same time, considering that the crime is considered finished in the presence of the effects specified in dispositions, transport incidents, committed at different times it is necessary to qualify separately.

6. It is in danger of action of person, the broken safety rule and operation of vehicles which did not give to help to the victim whose life it appeared as a result of this incident and which was deprived of opportunity to take measures to self-preservation it is necessary to qualify by the corresponding part of article 117 UK on cumulative offenses.

Explain that if person, broke safety rules and operation of transport, but delivered the victim's life in danger, did not execute the driver's obligations, and left the scene, or went without assistance to calculation on the fact that other persons which appeared on site incidents will give help to the victim whose life appeared it is in danger and which was deprived possibilities of self-preservation, then these circumstances, cannot form the basis for release it from responsibility and punishment, stipulated in Article 117 UK.

In case the slight injuries not dangerous to his life are caused to the victim as a result of the road accident, or it is obvious that his death came directly during the road accident or if the help of the guilty person to the victim is obligatory, but there was explicit danger to his own life or health, that is if it had no opportunity to give help, responsibility stipulated in Article 117 UK does not come.

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