Article 268 of the Criminal Code of the Russian Federation. Current edition for 2021, comments and judicial practice

shall be punishable by restriction of freedom for a term of up to three years, or forced labor for a term of up to two years, or arrest for a term of up to four months, or imprisonment for a term of up to two years.

2. The same act, resulting in the death of a person through negligence, -

shall be punishable by restriction of freedom for a term of up to four years, or forced labor for a term of up to four years, or imprisonment for the same term.

3. An act provided for in the first part of this article, resulting in the death of two or more persons through negligence, -

shall be punishable by forced labor for a term of up to five years or imprisonment for a term of up to seven years.

Article 267.1. Actions that threaten the safe operation of vehicles
Article 269. Repealed

Commentary to Art. 268 of the Criminal Code of the Russian Federation

The main object of the crime under Art. 268 of the Criminal Code of the Russian Federation, advocates the safety of transport (except for pipelines). Additional – health, human life. The subject is any type of transport.

The objective side of the crime is the violation (failure to comply or improper performance) by a passenger, pedestrian or other traffic participant (except for the persons specified in Article 263 and Article 264 of the Criminal Code of the Russian Federation) of traffic safety rules or operation of vehicles. On the substantive side, the crime consists of creating interference in the operation of transport, creating dangerous conditions by a person who is not driving the vehicle.

The norm in question belongs to the category of blanket norms. This means that in order to understand the objective side of the crime, it is necessary to refer to regulatory legal acts that establish rules of conduct in areas related to transport. Article 268 of the Criminal Code of the Russian Federation in general speaks about the rules for traffic safety and operation of vehicles. Meanwhile, these rules vary depending on the type of transport and its functional purpose. Therefore, the content of the objective side of the crime in each specific case must be determined taking into account these circumstances and establishing the specific position that was violated. As already noted, the rules vary depending on the type of transport. For example, in accordance with the Rules for the Use of the Moscow Metro, approved by the mayor’s order of October 28, 1994 N 533-RM, in the metro it is prohibited to enter an idle escalator without the permission of metro workers; on the station platform it is prohibited to go beyond the limit line at the edge until the train has completely stopped , and when it stops, space should be cleared at the doors of the cars for passengers to exit; it is prohibited to transport firearms, piercing and easily breakable objects without covers and proper packaging, skis and skates with exposed sharp parts, flammable, explosive, poisonous, poisonous and foul-smelling substances and items, including household gas cylinders, etc.

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Bulletin of the Moscow City Hall. 1994. N 23.

Article 268 of the Criminal Code of the Russian Federation establishes liability for violating the rules of movement and operation of vehicles, i.e. for a narrower range of acts, compared to the range of acts falling under Art. 263 of the Criminal Code of the Russian Federation, which deals with the rules of traffic safety and operation of transport. The latter concept is broader and includes not only vehicles, but also other elements of transport as a specific system (see commentary to Article 263 of the Criminal Code of the Russian Federation). In this regard, the relationship between these norms can be defined as general and special. If the act encroaches on various objects, then it is subject to classification as a set of crimes. For example, illegal transportation of explosives in the metro in the presence of other signs of a crime should be qualified under Art. 268 and art. 222 of the Criminal Code of the Russian Federation.

The corpus delicti is constructed as material. In this regard, the objective side also includes socially dangerous consequences in the form of grievous harm to human health caused by negligence (Part 1 of Article 268 of the Criminal Code of the Russian Federation), death caused by negligence to a person (Part 2 of Article 268 of the Criminal Code of the Russian Federation), caused by negligence death to two or more persons (Part 3 of Article 268 of the Criminal Code of the Russian Federation) and the causal relationship between the act and the consequences.

Violation of safety rules involves failure to comply with the requirements for the behavior of road users, ensuring the safety of traffic and operation of vehicles. Violation can be expressed in crossing a railway or other road in an unspecified place, when there is a prohibiting signal, a passenger entering the airfield runway without authorization, breaking the stop valve and stopping a moving train in this way, visiting places on transport that are prohibited for outsiders (for example, cockpit), etc.

The subjective side of the crime is characterized by guilt in the form of negligence, which is determined in relation to the consequences.

The subject of a crime can be a person who has reached the age of sixteen and participates in the movement of vehicles. They could be a pedestrian, a passenger, a cyclist, a cattle driver, etc. A pedestrian is a person who is outside a vehicle on the road and is not working on it. Persons moving in wheelchairs without a motor, driving a bicycle, moped, motorcycle, carrying a sled, cart, baby stroller or wheelchair are considered pedestrians.

The exception is for persons managing or operating transport. The acts committed by them form the elements of crimes provided for in Art. 263 or art. 264 of the Criminal Code of the Russian Federation.

Article 268. Violation of rules ensuring safe operation of transport

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Criminal Code of the Russian Federation
Article 268. Violation of rules ensuring safe operation of transport

1. Violation by a passenger, pedestrian or other traffic participant (except for persons specified in Articles 263 and 264 of this Code) of traffic safety rules or operation of vehicles, if this act negligently resulted in the infliction of grave harm to human health, is punishable by
restriction of freedom for a term of up to three years, or forced labor for a term of up to two years, or arrest for a term of up to four months, or imprisonment for a term of up to two years.

2. The same act, resulting in the death of a person through negligence, -

shall be punishable by restriction of freedom for a term of up to four years, or forced labor for a term of up to four years, or imprisonment for the same term.

3. An act provided for in the first part of this article, resulting in the death of two or more persons through negligence, -

shall be punishable by forced labor for a term of up to five years or imprisonment for a term of up to seven years.

Commentary on Article 268

Main object

crime under Art. 268 of the Criminal Code of the Russian Federation, advocates the safety of transport (except for pipelines). Additional – health, human life. The subject is any type of transport.

Objective side

the corpus delicti consists of violation (non-compliance or improper performance) by a passenger, pedestrian or other traffic participant (except for the persons specified in Article 263 and Article 264 of the Criminal Code of the Russian Federation) of traffic safety rules or operation of vehicles. On the substantive side, the crime consists of creating interference in the operation of transport, creating dangerous conditions by a person who is not driving the vehicle.

The norm in question belongs to the category of blanket norms. This means that in order to understand the objective side of the crime, it is necessary to refer to regulatory legal acts that establish rules of conduct in areas related to transport. Article 268 of the Criminal Code of the Russian Federation in general speaks about the rules for traffic safety and operation of vehicles. Meanwhile, these rules vary depending on the type of transport and its functional purpose. Therefore, the content of the objective side of the crime in each specific case must be determined taking into account these circumstances and establishing the specific position that was violated. As already noted, the rules vary depending on the type of transport. For example, in accordance with the Rules for the Use of the Moscow Metro, approved by the mayor’s order of October 28, 1994 N 533-RM <1>, in the metro it is prohibited to enter an idle escalator without the permission of metro workers; on the station platform it is prohibited to go beyond the limit line at the edge to the train is completely stopped, and when it stops, space should be cleared at the doors of the cars for passengers to exit; it is prohibited to transport firearms, piercing and easily breakable objects without covers and proper packaging, skis and skates with open sharp parts, flammable, explosive, poisonous, poisonous and foul-smelling substances and objects, including household gas cylinders, etc.

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<1> Bulletin of the Moscow City Hall. 1994. N 23.

Subjective side

crime is characterized by guilt in the form of negligence, which is determined in relation to the consequences.

Subject

a crime may be a person who has reached the age of sixteen and participates in the movement of vehicles. They could be a pedestrian, a passenger, a cyclist, a cattle driver, etc. A pedestrian is a person who is outside a vehicle on the road and is not working on it. Persons moving in wheelchairs without a motor, driving a bicycle, moped, motorcycle, carrying a sled, cart, baby stroller or wheelchair are considered pedestrians.

Judicial practice under Article 268 of the Criminal Code of the Russian Federation

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 Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated January 13, 2020 N 57-KG19-7

By the verdict of the magistrate of judicial district No. 3 of the Eastern District of Belgorod dated November 20, 2021, Negodin V.A. was found guilty of committing a crime under Part 1 of Article 268 of the Criminal Code of the Russian Federation (violation by a passenger, pedestrian or other traffic participant of traffic safety rules or operation of vehicles, resulting in negligence in causing serious harm to human health).