Features of criminal prosecution for gross violations of traffic rules in certain European states

The subject of the research is the peculiarities of criminal prosecution for gross violations of traffic rules in certain European countries. The international experience of research in the field of criminal liability for gross violations of traffic rules was considered. The research analyzed scientific materials included in a series of publications of the Netherlands Institute of Law and Management, published following the results of the International Conference on Criminal Liability for Gross Violations of Traffic Rules, which took place on September 7, 2012 in Groningen (the Netherlands). The authors analyzed analytical reviews devoted to the study of the complex nature of traffic violations, as well as the system of gross violations of traffic rules in a number of European states, highlighted the features of sentencing for these types of crimes in these states. The role of guilt and harm from the point of view of the severity of punishment, psychological aspects of the behavior of drivers of vehicles that are relevant to the causal relationships of the commission of the types of crimes in the field of road safety are also studied. To solve the tasks set and verify the initial theoretical positions, a set of research methods was used: universal dialectical, logical, formal-legal, teleological. The authors conducted a comparative analysis of the current legislation of Russia and foreign countries (the Netherlands, England, Wales), which allows us to state that tougher liability for gross violations of traffic rules will help stabilize safety on public roads. At the same time, the degree of danger should be taken into account, and therefore it is necessary to carry out an additional classification of offenses, by analogy with foreign countries. Thus, in accordance with the legislation of the Kingdom of the Netherlands and the Republic of France, the maximum penalty for negligent traffic violations is higher than an administrative offense, while an intermediate offense is allocated between administrative and criminal liability. This principle can be implemented in Russian legislation, which will distinguish this type of offense into a special one and allow for more accurate classification.

road safety, dangerous driving, criminal liability, crime prevention, international experience, Institute of Law, driving a vehicle, police, European countries, road traffic