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Title

Another transport vehicle as object of driving away

Authors

Gorbatova Marina, candidate of legal sciences, associate professor, associate professor of department of criminal law, criminology and criminalexecutive law for the faculty of law of the South-Ural state university. Bld. 149, Kommuny Str., Chelyabinsk, 454080. E-mail: gorbatovam@mail.ru.

Section

Criminal legal doctrine

Issue

5/2015

Page

109-115

index UDC

343.711.9

index LBC

 

Abstract

In the article the concept of another transport vehicle is analysed from positions of legislation, theory and judicial practice. An author comes to the conclusion, that judicial practice characterizes driving away of mechanical transport vehicles on the article 166 of the Criminal code of Russian Federation on the basis of their decision in Rules of travelling motion. In the same time, a current legislation allows to institute criminal proceedings against for driving away of any transport vehicle, regardless of presence of engine and his volume. However public danger of driving away of motorbikes, bicycles, rowing boats etc. insignificant, therefore with such offences it is expedient to fight by means of measures of administrative law.

Keywords

criminal responsibility, driving away, misappropriation, transport vehicle, mechanical transport vehicle.

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