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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 |
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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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