Article 266 of the Criminal Code of the Russian Federation: judicial practice

To ensure safe traffic on the roads of the Russian Federation, the Russian legislative system provides for various regulations, instructions and rules. They apply not only to persons involved in direct traffic, but also to entities responsible for the preparation of vehicles and infrastructure. We are talking, in particular, about persons who repair and put into operation vehicles, communications, communication and signaling devices and other equipment used in transport. For poor performance of their duties, these entities may be held accountable in accordance with Art. 266 of the Criminal Code of the Russian Federation. Let's consider this norm in detail.

Art. 266 of the Criminal Code of the Russian Federation: corpus delicti

This article establishes punishment for poor-quality repairs of communication lines, vehicles, communication or signaling devices and other equipment used in transport, as well as the release of faulty vehicles into operation by the entity responsible for their technical condition, if his actions through negligence resulted in the infliction of serious damage to health person. According to Part 1 of Art. 266 of the Criminal Code of the Russian Federation, perpetrators may face:

Monetary recovery from 100 to 300 thousand rubles. or in the amount of income for 1-2 years.
Up to 3 years of restriction of freedom.
Up to 2 years of forced labor or imprisonment with deprivation of the right to conduct activities or hold positions determined by the court, up to 3 years, or without it.
Up to six months of arrest.

The punishment will be tougher if these acts of negligence led to the death of the victim. According to Part 2 of Art. 266 of the Criminal Code of the Russian Federation, the perpetrators face up to 5 years of forced labor or imprisonment.

If the acts specified in parts one and two led to the death of two or more people, the term of forced labor is also five years, and the term of imprisonment is increased to 7 years.

Article 266 of the Tax Code of the Russian Federation. Expenses for the formation of reserves for doubtful debts (current version)

1. Doubtful debt is any debt to a taxpayer arising in connection with the sale of goods, performance of work, provision of services, if this debt is not repaid within the time period established by the agreement and is not secured by a pledge, surety, or bank guarantee. If a taxpayer has a counter-obligation (accounts payable) to a counterparty, doubtful debt is recognized as the corresponding debt to the taxpayer to the extent that exceeds the specified payables of the taxpayer to this counterparty. If there are debts to the taxpayer with different periods of occurrence, the reduction of such debts by the taxpayer's accounts payable is made starting from the first in time of occurrence.

For taxpayers-banks, doubtful debt is also recognized as debt on interest payments accrued after January 1, 2015, on debt obligations of any type if this debt is not repaid within the time period established by the agreement, regardless of the presence of collateral, surety, or bank guarantee.

For taxpayers - insurance organizations that determine income and expenses on an accrual basis under insurance, coinsurance, reinsurance contracts for which insurance reserves have been formed, a reserve for doubtful debts for receivables associated with the payment of insurance premiums (contributions) is not formed.

For taxpayers - credit consumer cooperatives and microfinance organizations, doubtful debt is not recognized for which, in accordance with Article 297.3 of this Code, the creation of reserves for possible loan losses is provided.

2. Bad debts (debts that are unrealistic for collection) are those debts to the taxpayer for which the established limitation period has expired, as well as those debts for which, in accordance with civil law, the obligation has been terminated due to the impossibility of its fulfillment, on the basis of an act of a state body or liquidation of the organization.

Bad debts (debts that are unrealistic for collection) are also recognized as debts, the impossibility of collection of which is confirmed by a resolution of the bailiff on the completion of enforcement proceedings, issued in the manner established by Federal Law of October 2, 2007 N 229-FZ “On Enforcement Proceedings”, in in case of return of the writ of execution to the claimant on the following grounds:

it is impossible to establish the location of the debtor, his property or to obtain information about the availability of funds and other valuables belonging to him in accounts, deposits or deposits in banks or other credit organizations;

the debtor does not have any property that can be foreclosed on, and all measures taken by the bailiff that are permissible by law to find his property were unsuccessful.

Bad debts (debts that are unrealistic for collection) are also recognized as the debts of a citizen declared bankrupt, for which he is exempt from further fulfillment of creditors’ claims (considered repaid) in accordance with Federal Law of October 26, 2002 N 127-FZ “On Insolvency (Bankruptcy) "

Bad debts (debts that are unrealistic for collection) are also recognized as amounts of monetary obligations terminated to the taxpayer - an authorized bank, the list of which is determined by an act of the Government of the Russian Federation, adopted on the basis of Part 3 of Article 5 of Federal Law of July 29, 2021 N 263-FZ “On the Introduction of amendments to certain legislative acts of the Russian Federation."

Bad debts (debts that are unrealistic for collection) are also recognized as the amounts of monetary obligations terminated to the taxpayer - a credit institution - to pay the debt under the loan agreement, subject to the following conditions:

the loan was provided to legal entities or individual entrepreneurs during the period from January 1 to December 31, 2021 for the resumption of activities or for urgent needs to support and preserve employment;

in relation to the credit agreement of the credit organization in 2021 and (or) in 2021, a subsidy is (was) provided at an interest rate in the manner established by the Government of the Russian Federation.

the loan was provided to legal entities or individual entrepreneurs in the period from January 1 to December 31, 2021 to restore business activities;

in relation to the credit agreement of the credit organization in 2021 and (or) in 2022, a subsidy at an interest rate is (was) provided in the manner established by the Government of the Russian Federation.

The provisions of this paragraph also apply to the rights of claim on loans acquired by banks if the obligations under these rights are recognized as uncollectible on the grounds established by this article.

3. The taxpayer has the right to create reserves for doubtful debts in the manner prescribed by this article. The amounts of contributions to these reserves are included in non-operating expenses on the last day of the reporting (tax) period. This provision does not apply to the costs of creating reserves for debts incurred due to non-payment of interest, with the exception of banks, credit consumer cooperatives and microfinance organizations. Banks have the right to create reserves for doubtful debts in relation to debt incurred due to non-payment of interest on debt obligations, as well as in relation to other debt, with the exception of loan and similar debt. Consumer credit cooperatives and microfinance organizations have the right to create reserves for doubtful debts in relation to debt incurred due to non-payment of interest on debt obligations.

4. The amount of the reserve for doubtful debts is determined based on the results of the inventory of receivables carried out on the last day of the reporting (tax) period and is calculated as follows:

1) for doubtful debts with a period of occurrence exceeding 90 calendar days - the amount of the created reserve includes the full amount of debt identified on the basis of the inventory;

2) for doubtful debts with a period of occurrence from 45 to 90 calendar days (inclusive) - the amount of the reserve includes 50 percent of the amount of debt identified on the basis of the inventory;

3) for doubtful debts with a period of up to 45 days - does not increase the amount of the created reserve.

In this case, the amount of the created reserve for doubtful debts, calculated based on the results of the tax period, cannot exceed 10 percent of the revenue for the specified tax period, determined in accordance with Article 249 of this Code (for banks, credit consumer cooperatives and microfinance organizations - from the amount of income determined in accordance with this chapter, with the exception of income in the form of restored reserves). When calculating the reserve for doubtful debts during the tax period based on the results of reporting periods, its amount cannot exceed the greater of 10 percent of revenue for the previous tax period or 10 percent of revenue for the current reporting period.

The reserve for doubtful debts is used by the organization only to cover losses from bad debts recognized as such in the manner prescribed by this article.

5. The amount of the reserve for doubtful debts, calculated as of the reporting date according to the rules established by paragraph 4 of this article, is compared with the amount of the balance of the reserve, which is defined as the difference between the amount of the reserve calculated as of the previous reporting date according to the rules established by paragraph 4 of this article, and the amount of bad debts arising after the previous reporting date. If the amount of the reserve calculated as of the reporting date is less than the amount of the balance of the reserve of the previous reporting (tax) period, the difference is subject to inclusion in the non-operating income of the taxpayer in the current reporting (tax) period. If the amount of the reserve calculated as of the reporting date is greater than the amount of the balance of the reserve of the previous reporting (tax) period, the difference is subject to inclusion in non-operating expenses in the current reporting (tax) period.

If the taxpayer has decided to create a reserve for doubtful debts, the write-off of debts recognized as bad in accordance with this article is carried out at the expense of the amount of the created reserve. If the amount of the created reserve is less than the amount of bad debts subject to write-off, the difference (loss) is subject to inclusion in non-operating expenses.

Comments to Art. 266 of the Criminal Code of the Russian Federation

The crime provided for in the norm is an encroachment, firstly, on public legal relations aimed at ensuring high-quality repair and operation of communications, transport, communication and signaling devices, and other equipment used in transport. Additional objects - health (part 1) and life (part 2, 3) of people.

As the subject of a crime in Art. 266 of the Criminal Code of the Russian Federation are named:

Vehicles.
Communication and signaling equipment.
Communication routes.
Other equipment used in the transport sector.

Another comment on Art. 266 of the Criminal Code of the Russian Federation

1. The subject of the crime is all types of vehicles (car, airplane, etc.), communication routes (runway, guide rail track, paved road, etc.), signaling equipment (semaphores, traffic lights, beacons) , communications (telex, walkie-talkie), other transport equipment (berth, aircraft refueling equipment, lighting devices, etc.).

2. The objective side of the crime is represented by three features: a) two variants of the act: poor-quality repairs of all the above items or the release into operation of technically faulty vehicles; b) socially dangerous consequences in the form of serious harm to health (under Part 2 - the death of one, and under Part 3 - two or more persons); c) the causal connection between the relevant acts and the specified grave consequences.

3. Poor-quality repairs are recognized as repairs that are accompanied by: a) failure to eliminate defects dangerous to movement and operation, or b) installation of new low-quality equipment and spare parts. The release of a technically faulty vehicle into operation is the issuance of permission by an authorized person to leave the corresponding vehicle for a flight in the presence of defects that, according to the current rules and regulations, preclude its use. In both cases of commission of the act in question, a forensic technical examination is required during the proceedings.

4. The specificity of the causal relationship when committing the crime in question is that the socially dangerous consequences provided for by law (for example, the death of a person) in the physical sense are caused not by the perpetrator himself, but by a third party acting guilty or innocent, most often the operator of the corresponding mode of transport.

5. As a special subject of crime, practice considers individual entrepreneurs who have the appropriate license, and employees of transport, specialized repair or other organizations who are obliged, by virtue of the work performed or their official position, to ensure proper repairs or who are responsible for the technical condition of the relevant equipment (for example, a chief mechanic construction organization). Private vehicle owners are not held liable under the commented article, although the law does not exclude this in relation to improper repairs.

Communication routes

These road system elements include:

In railway transport - the railway track itself with sleepers, rails, and embankment. Their integral elements are track distances, power lines, dispatch services, etc.
In air transport - runways, etc.
In water transport - the direct routes of river or sea vessels from port to port.
For vehicles – the roadway.

Communications and signaling equipment

They are necessary for transmitting conditional and textual information. Conditional data are commands, alerts, reports, etc. The alarm can be light (flashing lights, semaphore, beacons), sound (siren, bell).

Communication devices are special devices designed to transmit and receive text data. Communication can be telephone, fax, television, signal, telegraph, etc. Depending on the medium and means of distribution, it is divided into:

wired;
radio relay;
radio communication;
optical;
cell phone;
space;
laser, etc.

In addition, communication can be short-range or long-distance.

Objective aspect

According to Art. 266 of the Criminal Code of the Russian Federation, it is expressed in:

Poor quality repairs of communication routes, transport, communication and signaling devices, and other equipment used in transport.
Release of technically faulty vehicles.

The key sign of an act is the occurrence of consequences - the occurrence of serious damage to health or death of a person.

Nuances

As judicial practice shows under Art. 266 of the Criminal Code of the Russian Federation, the main task in qualifying an act is to establish a connection between the behavior of the perpetrator and the resulting consequences.

Repairs that do not meet the technical requirements established by regulations in the field of road traffic and ensure the safe operation of transport and components of the technical system of vehicle operation are considered to be of poor quality. For example, it can be expressed in the elimination of not all identified faults of the rolling stock or in the installation of parts with expired service life.

After poor-quality repairs, the vehicle is considered not to meet the necessary technical requirements.

The release into operation of faulty vehicles presupposes permission to use objects that have any breakdowns that can create an emergency situation during movement and, therefore, lead to negative consequences. Such permission may be oral or written. In the first case, we are talking, among other things, about the failure to take measures to suppress the use of a technically faulty machine. Written permission can be expressed in the issuance of a waybill to the driver, passage of the vehicle through a checkpoint, etc.

Article 266. Application of customs duties in relation to goods for personal use

1. In relation to goods for personal use imported into the customs territory of the Union, customs duties and taxes levied at uniform rates, or customs duties and taxes levied in the form of a cumulative customs payment, are subject to payment, except for cases where this article in relation to such goods for personal use, a different procedure has been established for the application of customs duties and taxes.

2. Uniform rates of customs duties and taxes depending on the categories of goods for personal use, cost, weight and (or) quantitative norms and the method of importing goods for personal use into the customs territory of the Union, as well as categories of goods for personal use in respect of which they are subject to payment of customs duties and taxes levied in the form of a total customs payment are determined by the Commission.

3. Without paying customs duties and taxes, goods for personal use are imported into the customs territory of the Union within the limits of cost, weight and (or) quantitative norms determined by the Commission, and in cases determined by the Commission - within the relevant norms established by the legislation of the Member States , except for cases when this article establishes a different procedure for the application of customs duties and taxes in relation to goods for personal use imported into the customs territory of the Union.

Cost, weight and (or) quantitative norms for importing goods for personal use into the customs territory of the Union without paying customs duties and taxes are determined by the Commission depending on the methods of importing such goods for personal use into the customs territory of the Union. Such norms for the import into the customs territory of the Union of goods for personal use in accompanied and (or) unaccompanied baggage are determined without taking into account goods for personal use, used and necessary along the route and destination, the criteria for which are determined by the Commission.

The Commission has the right to determine categories of goods in respect of which, depending on the method of their import into the customs territory of the Union, the legislation of the Member States may establish more stringent cost, weight and (or) quantitative standards for the import into the customs territory of the Union of goods for personal use than those determined by the Commission without paying customs duties and taxes.

When determining cost, weight and (or) quantitative norms within which goods for personal use are imported into the customs territory of the Union without paying customs duties and taxes, the Commission has the right to determine the procedure for applying such norms, including the procedure for determining the date of import of goods into the customs territory Union for the purpose of accounting for such goods imported within the specified limits.

4. Goods for personal use, regardless of their value, weight and (or) quantity, are exported from the customs territory of the Union without paying customs duties.

5. Goods for personal use, with the exception of vehicles for personal use registered in the Member States, imported into the customs territory of the Union after their temporary export from the customs territory of the Union, are imported into the customs territory of the Union without paying customs duties and taxes, regardless of their value , weight and (or) quantity, provided that they remain unchanged, except for changes due to natural wear and tear, as well as changes due to natural loss under normal conditions of transportation (shipment) and (or) storage, and confirmation to the customs authority in the manner established in accordance with paragraph 2 of Article 265 of this Code, that these goods are imported back into the customs territory of the Union after their temporary export from the customs territory of the Union.

If the customs authority does not confirm that goods for personal use, with the exception of vehicles for personal use registered in the Member States, are imported into the customs territory of the Union after their temporary export from the customs territory of the Union, such goods are subject to the procedure for applying customs duties and taxes established by paragraphs 1, 3 and 8 of this article.

Vehicles for personal use, registered in the Member States, imported into the customs territory of the Union after their temporary export from the customs territory of the Union, are imported into the customs territory of the Union without paying customs duties and taxes.

6. Used goods for personal use, the list and quantity of which are determined by the Commission, may be imported by foreign individuals for the period of their stay in the customs territory of the Union without paying customs duties and taxes, regardless of the cost and (or) weight of such goods.

Goods for personal use not specified in paragraph one of this paragraph, imported by foreign individuals for the period of their stay in the customs territory of the Union, are subject to the procedure for applying customs duties and taxes established by paragraphs 1 and 3, paragraph one of paragraph 7, as well as paragraph 8 of this article.

7. Vehicles for personal use registered in a state that is not a member of the Union may be imported by foreign individuals and individuals of member states without paying customs duties and taxes for a period of no more than 1 year.

In relation to vehicles for personal use, in the cases established by subparagraph 2 of paragraph 7 and paragraph 12 of Article 264 of this Code, customs duties and taxes are paid in accordance with this chapter.

8. The Commission, depending on the categories of goods for personal use, persons importing such goods into the customs territory of the Union, and (or) methods of importing such goods for personal use into the customs territory of the Union, has the right to determine cases and conditions for importing goods for personal use into the customs territory of the Union use with exemption from customs duties, taxes, as well as restrictions on the use and (or) disposal of such goods for personal use.

The legislation of the Member States may establish additional or more stringent conditions than those determined by the Commission for the import into the customs territory of the Union of goods for personal use with exemption from customs duties, taxes and (or) restrictions on use and (or) other than those determined by the Commission. disposal of goods for personal use imported with exemption from customs duties and taxes.

Cases and conditions for the import of goods for personal use, including vehicles for personal use, with exemption from customs duties and taxes by persons specified in Articles 298 and 299 of this Code, are determined by these articles of this Code, and by persons specified in paragraph 2 Article 296 of this Code, – international treaties of the Member States with third parties and international treaties between the Member States.

9. Customs duties in relation to goods for personal use are applied in accordance with Article 47 of this Code.

10. The procedure for applying customs duties and taxes in relation to goods for personal use placed under the customs procedure of customs transit, the emergence and termination of the obligation to pay customs duties and taxes in relation to such goods, as well as the deadlines for their payment are determined in accordance with Chapter 22 of this Code .

11. The object of taxation by customs duties, taxes levied at uniform rates, or customs duties, taxes levied in the form of a cumulative customs payment, are goods for personal use.

12. For the purposes of calculating customs duties and taxes levied at uniform rates, the basis for their calculation, depending on the categories of goods for personal use and the types of rates applied, is the cost of goods for personal use and (or) their physical characteristics in kind (quantity, weight, including taking into account the primary packaging of the product, which is inseparable from the product before its consumption and (or) in which the product is presented for retail sale, volume or other characteristics of the product).

For the purposes of calculating customs duties and taxes levied in the form of an aggregate customs payment, the basis for calculating customs duties included in the aggregate customs payment, depending on the type of goods and the types of rates applied, is the cost of goods for personal use and (or) their physical characteristics in physical terms (quantity, weight, including taking into account the primary packaging of the product, which is inseparable from the product before its consumption and (or) in which the product is presented for retail sale, volume or other characteristics of the product). The basis for calculating taxes included in the total customs payment is determined in accordance with paragraph 3 of Article 51 of this Code.

For the purposes of calculating customs duties and taxes, the procedure for determining the moment of release and engine displacement of motor vehicles and motor vehicles that are vehicles for personal use is determined by the Commission.

13. Calculation of customs duties, taxes levied at uniform rates, or customs duties, taxes levied in the form of an aggregate customs payment is carried out in the currency of the Member State to whose customs authority the passenger customs declaration is submitted.

14. For the purposes of calculating customs duties, taxes levied at uniform rates, or customs duties, taxes levied in the form of an aggregate customs payment, the rates in effect on the day of registration by the customs authority of the passenger customs declaration are applied, unless otherwise established by this Code.

15. The amount of customs duties and taxes subject to payment and (or) collection using uniform rates of customs duties and taxes is determined by applying the base for calculating customs duties and taxes and the corresponding uniform rate of customs duties and taxes.

16. The amount of customs duties and taxes subject to payment and (or) collection, levied in the form of a total customs payment, is determined by adding the calculated amount of customs duties and the calculated amounts of taxes. The amount of customs duties and taxes levied in the form of a total customs payment is calculated in the following ways:

1) the calculation of the amount of customs duties is carried out by applying the base for calculating customs duties and the corresponding type of customs duty rate;

2) the calculation of tax amounts is carried out in accordance with the legislation of the Member State to whose customs authority the passenger customs declaration was submitted.

17. Payers of customs duties and taxes in relation to goods for personal use are the declarant or other persons who have an obligation to pay customs duties and taxes.

18. The procedure for recalculating foreign currency for the purposes of calculating customs duties, taxes in relation to goods for personal use, the moment of fulfillment of the obligation to pay them (date of payment), the procedure for returning (offsetting) the amounts of customs duties, taxes and other funds (money) are determined in in accordance with Chapters 7 of this Code.

If, in relation to goods for personal use sent in international mail, it is necessary to convert foreign currency into the currency of a Member State, such conversion is made at the exchange rate valid on the day determined by the legislation of the Member State, the customs authority of which calculates customs duties and taxes in relation to goods for personal use.

19. Customs duties, taxes levied at uniform rates, or customs duties, taxes levied in the form of an aggregate customs payment are subject to payment in accordance with paragraphs 1 - 3 of Article 61 of this Code, taking into account the second paragraph of this paragraph.

Customs duties, taxes levied at uniform rates, or customs duties, taxes levied in the form of an aggregate customs payment, in relation to vehicles for personal use temporarily imported into the customs territory of the Union by foreign individuals, are payable in the Member State, in the territory which the circumstances specified in paragraph 6 of Article 268 of this Code are revealed.

20. Customs duties, taxes levied at uniform rates, or customs duties, taxes levied in the form of an aggregate customs payment, are paid to accounts determined in accordance with the legislation of the Member State, in which, in accordance with paragraph 19 of this article, such payments are due customs payments.

21. Customs duties, taxes levied at uniform rates, or customs duties, taxes levied in the form of an aggregate customs payment, are paid in the currency of the Member State in which, in accordance with paragraph 19 of this article, customs duties and taxes are subject to payment, with the exception of the case specified in the second paragraph of this paragraph.

At the places of arrival of goods, payment of customs duties, taxes levied at uniform rates, or customs duties, taxes levied in the form of an aggregate customs payment, in accordance with the legislation of the Member States, may be carried out in a currency other than the currency of the Member State in which they are subject to payment of customs duties and taxes.

22. Payment of customs duties, taxes levied at uniform rates, or customs duties, taxes levied in the form of an aggregate customs payment is carried out by bank transfer or in cash (money) in accordance with the legislation of the Member States.

23. When paying customs duties, taxes levied at uniform rates, or customs duties, taxes levied in the form of an aggregate customs payment, customs payments specified in subparagraphs 1 - 4 of paragraph 1 of Article 46 of this Code are not paid.

24. In relation to goods, customs declaration of which is carried out in accordance with this chapter, customs duties, taxes levied at uniform rates, or customs duties, taxes levied in the form of an aggregate customs payment, are paid by individuals on the basis of a customs receipt order or on the basis other customs document determined by the Commission.

25. Customs payments in respect of goods for personal use are calculated by the customs authority releasing such goods on the basis of information declared by the declarant during customs declaration, as well as based on the results of customs control.

The obligation to provide the customs authority with complete and reliable information about goods for personal use necessary to determine the amount of customs duties payable rests with the declarant.

26. Upon the occurrence of the circumstances specified in paragraphs 6 and Article 268 of this Code, customs duties, taxes levied at uniform rates, or customs duties, taxes levied in the form of an aggregate customs payment, are calculated by the customs authority in the calculation of customs duties, taxes, levied at uniform rates, or customs duties and taxes levied in the form of a total customs payment.

The form of this calculation, the procedure for filling it out and making changes (additions) to such calculation are established in accordance with the legislation of the Member States on customs regulation.

Distinctive features of the act

The method of committing the crime under Art. 266 of the Criminal Code of the Russian Federation. In practice, it can be accomplished in the form of an action. For example, the culprit made a technical error when repairing communications and alarm systems, issued permission to release a car with a faulty brake, etc. In addition, the act can also be expressed in inaction. For example, the person did not replace the brake pads, did not take the measures necessary to reduce the rail gaps, strengthen the inter-rail linings, etc.

The crime is considered completed at the moment of occurrence of dangerous consequences: serious damage to health, death of one (Part 2) or more persons (Part 3). If these consequences are absent, then poor-quality repairs of transport, communication or signaling equipment, communication routes or other transport equipment will not entail punishment under Art. 266 of the Criminal Code of the Russian Federation. The perpetrator in such cases can be brought solely to administrative, civil or disciplinary liability.

Judicial practice under Article 266 of the Criminal Code of the Russian Federation

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated March 11, 2019 N 5-APU19-4
by law enforcement agencies of the Republic of Armenia Proshyan is accused of smuggling the narcotic drug buprenorphine weighing 3.484 g into the Republic of Armenia from France for the purpose of illegal sale. The indicated actions by law enforcement agencies of the Republic of Armenia are qualified as the commission of crimes provided for in paragraphs 1, 2, part 3 of Art. 266, paragraph 1, 2 parts 4 art. 267.1 of the Criminal Code of the Republic of Armenia.

Subjective part

The act specified in Art. 266 of the Criminal Code of the Russian Federation, assumes a careless form of guilt. It can be expressed in the form of negligence or frivolity.

The subject of the crime is a sane citizen aged 16 years or older. In this case, it must have one of the following characteristics:

His professional activity must be directly related to vehicle repair.
He is considered responsible for the technical condition of the transport and has the authority to put it into operation.
He is the driver or owner of a knowingly faulty vehicle who has allowed another entity to operate it.

Normative base

Providing for Art. 266 in the Criminal Code of the Russian Federation, the legislator took into account the provisions of current regulations in the field of transport. These include federal laws:

"On road safety."
"On transport security."
"About railway transport".

In addition, regulatory regulation of legal relations arising in the field of road safety is carried out on the basis of by-laws. These include:

Government Decree No. 720 of 2009
GOST R 5 2302-2004 and 51709-2001.

Judicial practice: sentences and punishment under Art. 266 of the Criminal Code of the Russian Federation

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