Legal Implications of the Ruling on Termination of the Criminal Case (Prosecution) in Relation to Art. 264.1 of the Criminal Code of the Russian Federation
https://doi.org/10.17803/1994-1471.2019.98.1.132-137
Abstract
The paper consistently substantiates the author’s position on the issue of criminalization of driving while intoxicated by a person who has previously been prosecuted or exempt from criminal liability. In labelling process under Art. 264.1 of the Criminal Code of the Russian Federation, the presence of judgement of conviction that has entered into legal force shall be subject to registration; other procedural decision, in particular on the termination of a criminal case (criminal prosecution), cannot serve as a basis for initiating a criminal case under art. 264.1 of the Criminal Code of the Russian Federation, which is primarily associated with the specifics of the subject matter of such cases. Based on the analysis of administrative, criminal and criminal procedure legislation, it is concluded that enshrining in Art. 264.1 of the Criminal Code of the considered feature contradicts the principles of criminal law.
About the Author
G. S. Ayupova
Ural Law Institute of the Ministry of the Interior of Russia
Russian Federation
Ayupova Gulnaz Shamilovna, Adjunct of the Department of Criminal Law of the Postgraduate Military Course
Russian Federation
Ayupova Gulnaz Shamilovna, Adjunct of the Department of Criminal Law of the Postgraduate Military Course
References
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2. Potetinov V. A. K voprosu o rasshirenii osnovaniy ugolovnoy preyuditsii v tselyakh primeneniya st. 264.1 UK RF // Rossiyskiy sud’ya. — 2016. — № 3. — S. 18—20.
3. Strogovich M. S. Pravo obvinyaemogo na zashchitu i prezumptsiya nevinovnosti. — M. : Nauka, 1984. — 143 s.
Review
For citations:
Ayupova G.S. Legal Implications of the Ruling on Termination of the Criminal Case (Prosecution) in Relation to Art. 264.1 of the Criminal Code of the Russian Federation. Actual Problems of Russian Law. 2019;(1):132-137. (In Russ.) https://doi.org/10.17803/1994-1471.2019.98.1.132-137
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