Additional Type of Punishment for Road Traffic Crimes: Possible

Ways of Reform

Andrey Petrovich Bokhan

, Sergey Petrovich Bondarev

, Khaet Saidamir Safarzoda

, and

Irina Anatolevna Sementsova

3,4

Krasnodar University of the MIA of Russia (Novorossiysk branch), Novorossiysk, the Russian Federation

Academy of the Ministry of Internal Affairs of the Republic of Tajikistan, Dushanbe, Republic of Tajikistan

Southern University (IMBL), Rostov-on-Don, the Russian Federation

Rostov Institute (Branch) of the Russian State University of Justice, Rostov-on-Don, the Russian Federation

Keywords: Criminal law, combating transport crime, deprivation of the right to hold certain positions or engage in certain

activities, an additional type of punishment, restriction on the use of a vehicle, an increase in the time inquired

for the additional punishment.

Abstract: The article deals with the preventive possibilities of the current additional type of punishment for road traffic

crimes, as well as the justification of perspective additional types of punishment for the crimes under

consideration. The purpose of the article is to study the sufficiency of the preventive value of an additional

type of punishment in the form of deprivation of the right to hold certain positions or engage in certain

activities for committing crimes provided for in Articles 264 and 2641 of the Criminal Code of the Russian

Federation. Objectives of the study: - analysis of statistical data on the type of punishment under study; - legal

analysis of an additional type of punishment in the form of deprivation of the right to hold certain positions

or engage in certain activities; -highlight possible gaps in the current versions of the sanctions of Articles 264

and 2641 of the Criminal Code of the Russian Federation; - develop proposals and recommendations aimed

at improving the effectiveness of this type of punishment. In the study, we have used a statistical method that

allowed us to identify whether in all cases an additional type of punishment is applied in the form of

deprivation of the right to hold certain positions or engage in certain activities for committing crimes under

Articles 264 and 2641 of the Criminal Code of the Russian Federation. The comparative legal method has

allowed us to formulate and propose a new additional type of punishment in the Criminal Code of the Russian

Federation. In addition, the systematic and logical and legal methods made it possible to conduct a legal

analysis of the existing criminal law norms, which are the subject of the study. In general, the conducted

scientific research is an increment of knowledge in the field under consideration and allows the legislator to

propose changes to the criminal legislation on the topic of the study.

1 INTRODUCTION

The most important prerequisite for the study is the

statistical data that indicate the number of road traffic

crimes committed on the territory of the Russian

Federation and the types of penalties imposed for

them.

We consider it is necessary to carry out a legal

analysis of such an additional type of punishment as

deprivation of the right to hold certain positions or

engage in certain activities for committing crimes

https://orcid.org/0000-0001-5508-756X

provided for in Articles 264 and 2641 of the Criminal

Code of the Russian Federation.

Despite the sufficient attention paid by scientists

to the problems of criminal prosecution and

sentencing for criminal violations of traffic rules and

the exploitation of vehicles, we believe that the

additional type of punishment for committing road

traffic crimes is not sufficiently studied. Thus, in

general, the issues of criminal responsibility and

punishment for road traffic crimes were studied by

the following researchers: V. V. Agildin (2016), A. I.

Korobeyev (2019), V. V. Kusakin (2018), M. V.

Bokhan, A., Bondarev, S., Safarzoda, K. and Sementsova, I.

Additional Type of Punishment for Road Trafﬁc Crimes: Possible Ways of Reform.

DOI: 10.5220/0010629400003152

In Proceedings of the VII International Scientiﬁc-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” (CLOSA 2021), pages

86-92

ISBN: 978-989-758-532-6; ISSN: 2184-9854

Midlovets (2017), A. I. Smolyakov (2020), A. I.

Chuchaev (2021).

Despite the sufficient scientific study of the types

of punishments imposed for crimes under Articles

264 and 2641 of the Criminal Code of the Russian

Federation, we believe that the potential is not

exhausted. Accordingly, there is a possibility of

modifying the existing additional types of

punishment, and the inclusion of new types.

The purpose of this study is to learn the

sufficiency of the preventive value of such an

additional type of punishment as deprivation of the

right to hold certain positions or engage in certain

activities for committing crimes provided for in

Articles 264 and 2641 of the Criminal Code of the

Russian Federation. Achieving the goal of the study

is possible by solving the following tasks: - analysis

of statistical data on the type of punishment under

study; - legal analysis of the considered additional

type of punishment in the form of deprivation of the

right to hold certain positions or engage in certain

activities; - identify possible gaps in the current

versions of sanctions, in Articles 264 and 2641 of the

Criminal Code of the Russian Federation; - develop

proposals and recommendations that are aimed at

improving the effectiveness of the considered type of

punishment.

2 MATERIALS AND METHODS

Throughout the research, such methods as the general

scientific dialectical method of cognition and special

methods (statistical, comparative and legal,

systematic and logical and legal) were used. To

conduct the study, we developed a questionnaire for

studying statistical data.

When writing the article, the materials of the

official state bodies of the Russian Federation were

used, such as: - information on the number of road

accidents, deaths and injuries on the territory of the

Russian Federation for 2020, obtained from the

statistical reports of the Main Directorate for Traffic

Safety of the Ministry of Internal Affairs of the

Russian Federation; - information on the number of

persons convicted under Articles 264 and 2641 of the

Criminal Code of the Russian Federation, as well as

statistical data on the number of sentences imposed

by the type of punishment in the form of deprivation

of the right to hold certain positions or engage in

certain activities for the 1st half of 2019 and for the

1st half of 2020, which were filled in by the Judicial

Department at the Supreme Court of the Russian

Federation.

3 RESULTS AND DISCUSSION

One of the indicators of the level of driving culture in

the country is the ratio of the number of people killed

in road accidents to a certain number (usually per 100

thousand of the population). Taking into account that

16,152 people died on the territory of the Russian

Federation in 2020, this rate is approaching 11 deaths

per 100,000 people by the end of 2020. Nowadays,

the Government of the Russian Federation has set a

goal to reduce the number of deaths in road accidents

at the rate of 8.4 deaths in 2024 and 4 deaths in 2030

per 100,000 people, which indicates the importance

of the problem.

Table 1: Number of road accidents, deaths and injuries on

the territory of the Russian Federation in 2020.

Crime scene

Road

accident

Deaths Injuries

Road accidents

The Russian Federation 145 073 16 152 183 040

Road accidents with drivers in a state of intoxication

The Russian Federation 15 552 4 347 20 440

Road accidents with drivers who refused medical

examinations

The Russian Federation 3 596 175 5 087

oad accidents with drivers with signs of intoxication

The Russian Federation 19 112 4 515 25 469

Based on the data in Table 1, we can see that more

than 55% of those who died in road accidents on the

territory of the Russian Federation in 2020 are those

who died as a result of driving under the influence of

alcohol or are associated with the refusal of a medical

examination or with signs of intoxication. Thus, in

order to achieve the goal of reducing the number of

deaths in road accidents at the rate of 4 deaths per

100,000 people in 2030, it is necessary to use

additional types of penalties for road traffic crimes

effectively, as well as consider the possibility of

supplementing the text of the criminal law with new

types of penalties that will contribute to achieving the

goal of reducing deaths from road accidents.

Let us consider the current sanctions of Articles

264 and 2641 of the Criminal Code of the Russian

Federation. Taking into account the name, the goals

and objectives of the research, we will not deal with

the penalties imposed as the main ones specified in

the sanctions of Articles 264 and 2641 of the Criminal

Code of the Russian Federation.

Additional Type of Punishment for Road Trafﬁc Crimes: Possible Ways of Reform

To conduct a legal analysis, it is necessary to refer

to the general law regulations of Article 45 of the

Criminal Code of the Russian Federation. This type

of punishment in accordance with part 2 of Article 45

of the Criminal Code of the Russian Federation can

be assigned both as the main type of punishment and

as the additional type of punishment. Having studied

the sanctions of Articles 264 and 2641 of the Criminal

Code of the Russian Federation, we have concluded

that this type of punishment is specified by the

legislator as an additional punishment. In various

parts of Articles 264 and 2641 of the Criminal Code

of the Russian Federation, the considered type of

punishment is assigned as mandatory or not

mandatory to the main type of punishment for a

period of up to three years. This term does not

contradict the conditions specified in part 2 of Article

47 of the Criminal Code of the Russian Federation.

According to which, the considered type of

punishment can be imposed for a period from six

months to three years. Due to a direct indication in the

law, the type of punishment under consideration may

be imposed for a period not exceeding three years.

Upon further consideration of Part 2 of Article 47 of

the Criminal Code of the Russian Federation, we can

find an indication of the fact that if the sanction of the

article of the Special Part of the Criminal Code

specifically indicates the possibility of assigning

deprivation of the right to hold certain positions or

engage in certain activities, then in this case the court

may impose this type of punishment for up to twenty

years (Inogamova-Hegai L. V., 2016). It is not by

chance that we have focused our attention on this

circumstance. After the analysis of the practice of

assigning this type of punishment, we will return to

the idea of increasing the term of assigning the

additional type of punishment for longer terms, taking

into account the law regulations of Article 47 of the

Criminal Code of the Russian Federation.

We will analyze the number of persons brought to

criminal responsibility and assigned types of criminal

punishment for the 1st half of 2019 and for the 1st

half of 2020 in accordance with Form No. 10.1 (semi-

annual), which was approved by Order No. 65 of the

Judicial Department of the Supreme Court of the

Russian Federation of 11.04.2017 (as amended by

Order No. 108 of 30.05.2019) (Report on the number

of persons brought to criminal responsibility and

types of criminal punishment for the 1st half of 2019

and for the 1st half of 2020. Form No. 10.1 / /

[Electronic resource]: URL:

http://www.cdep.ru/index.php?id=79 (accessed

12.03.2021)).

As a result of the analysis, it was found that under

parts 1 and 2 of Article 264 of the Criminal Code of

the Russian Federation in the 1st half of 2019, a total

number of 2,729 people were convicted on the

territory of the Russian Federation, where 1,556

convicts were sentenced to deprivation of the right to

hold certain positions or engage in certain activities.

Thus, this type of punishment was not assigned to

1,173 convicts. Also, according to parts 1 and 2 of

Article 264 of the Criminal Code of the Russian

Federation, in the 1st half of 2020, a total number of

1,969 people were convicted on the territory of the

Russian Federation, 1,140 were sentenced to the

punishment we are considering. Note that this type of

punishment was not assigned to 829 convicts. We are

trying to find an explanation for this fact. Since the

sanction of part 1 of Article 264 of the Criminal Code

of the Russian Federation allows to assign the type of

punishment or to come to a conclusion about not

assigning it. Or the court applies the regulations of

Article 64 of the Criminal Code of the Russian

Federation. We believe that these circumstances are

sufficient to justify not assigning the considered

punishment to all convicted persons under parts 1 and

2 of Article 264 of the Criminal Code of the Russian

Federation. It should be noted that the punishment in

the form of deprivation of the right to hold certain

positions or engage in certain activities in two cases

is assigned as the main type of punishment. The

imposition of this type of punishment as the main one

is associated with the application of the law

regulations of Article 64 of the Criminal Code of the

Russian Federation. But in this case, the court has no

legal basis for assigning the same type of punishment

as an additional one (Bondarev S. P., Bokhan A. P.,

2017).

According to parts 3 and 4 of Article 264 of the

Criminal Code of the Russian Federation, in the 1st

half of 2019, a total number of 1,652 people were

convicted on the territory of the Russian Federation,

only 1,441 convicts were assigned the sentence we

are considering. This type of punishment is not

assigned to 211 convicts. At the same time, according

to parts 3 and 4 of Article 264 of the Criminal Code

of the Russian Federation, in the 1st half of 2020, a

total number of 1,171 people were convicted on the

territory of the Russian Federation, 1,043 were

sentenced to deprivation of the right to hold certain

positions or engage in certain activities. This type of

punishment was again not assigned to 128 convicts.

It is difficult to explain the facts of not assigning the

considered type of punishment to 128 convicts, when

the appointment of this type of punishment is

mandatory! We link these cases of non-imposition of

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this type of punishment with the application of Article

64 of the Criminal Code of the Russian Federation.

According to parts 5 and 6 of Article 264 of the

Criminal Code of the Russian Federation, in the 1st

half of 2019, a total number of 267 people were

convicted on the territory of the Russian Federation,

231 convicts were assigned the type of punishment

we are considering. This type of punishment is not

assigned to 36 convicts. At the same time, according

to parts 5 and 6 of Article 264 of the Criminal Code

of the Russian Federation, in the 1st half of 2020, a

total number of 171 people were convicted on the

territory of the Russian Federation, 162 were

sentenced to deprivation of the right to hold certain

positions or engage in certain activities. From the

above data, we can see that the type of punishment

under consideration is not assigned to 9 convicts. The

study of the sanctions of parts 5 and 6 of Article 264

of the Criminal Code of the Russian Federation

allows us to conclude that the sanctions contain a

direct indication of the mandatory appointment of this

very type of punishment. It is quite difficult for us to

agree with the position of the courts regarding the

application of the law regulations of Article 64 of the

Criminal Code of the Russian Federation in relation

to persons who have committed a crime under Part 5,

and even more so Part 6 of Article 264 of the Criminal

Code of the Russian Federation (Bondarev S. P.,

Bokhan A. P., Chmyrev S. N., 2020).

Table 2: The number of persons convicted under Article

264 of the Criminal Code of the Russian Federation and the

number of sentences imposed in the form of deprivation of

the right to hold certain positions or engage in certain

activities for the 1st half of 2019 and for the 1st half of

2020.

Period and part of the

article

The total

number of

convicted

Assigned

Not assigned

The first half of 2019 (Parts 1

and 2 of Article 264 of the

Criminal Code of the Russian

Federation)

2 729 1 556 1 173

The first half of 2020 (Parts

1 and 2 of the Article 264 of

the Criminal Code of the

Russian Federation)

1 969 1 140 829

The first half of 2019 (Parts 3

and 4 of the Article 264 of the

Criminal Code of the Russian

Federation)

1 652 1 441 211

Table 2: The number of persons convicted under Article

264 of the Criminal Code of the Russian Federation and the

number of sentences imposed in the form of deprivation of

the right to hold certain positions or engage in certain

activities for the 1st half of 2019 and for the 1st half of 2020

(cont.).

Period and part of the

article

The total

number of

convicted

Assigned

Not assigned

The first half of 2020 (Parts 3

and 4 of the Article 264 of the

Criminal Code of the Russian

Federation)

1 171 1 043 128

The first half of 2019 (Parts 5

and 6 of the Article 264 of the

Criminal Code of the Russian

Federation)

267 231 36

The first half of 2020 (Parts 5

and 6 of theArticle 264 of the

Criminal Code of the Russian

Federation)

171 162 9

Carefully analyzing the statistics, we also see

cases of non-imposition of punishment in the form of

deprivation of the right to hold certain positions or

engage in certain activities under Article 2641 of the

Criminal Code of the Russian Federation, despite the

fact that this type of punishment should be imposed

unconditionally. So, under Article 2641 of the

Criminal Code of the Russian Federation in the 1st

half of 2019, a total number of 27,112 people were

convicted on the territory of the Russian Federation,

of which 24,182 were sentenced to the type of

punishment we are considering. This type of

punishment is not assigned to 2,930 convicts. In the

1st half of 2020, a total number of 24,514 people were

convicted on the territory of the Russian Federation,

of which 22,743 were sentenced to the punishment we

are studying. At the same time, this type of

punishment is not assigned to 1,771 convicts. The

existence of this fact, we also associate with the law

regulations specified in Article 64 of the Criminal

Code of the Russian Federation.

Additional Type of Punishment for Road Trafﬁc Crimes: Possible Ways of Reform

Table 3: The number of persons convicted under Article

264

of the Criminal Code of the Russian Federation and

the number of sentences imposed in the form of deprivation

of the right to hold certain positions or engage in certain

activities for the 1st half of 2019 and for the 1st half of

2020.

Period and article

The total

number of

convicted

Assigned

Not assigned

The first half of 2019

(article 264

of the

Criminal Code of the

Russian Federation)

27 112 24 182 2 930

The first half of 2020

(article 264

of the

Criminal Code of the

Russian Federation)

24 514 22 743 1 771

We believe it is unacceptable that the courts do

not impose the types of punishments that are

mandatory to be imposed as additional types of

punishment. This practice leads to distrust of the

judicial system and significantly reduces the

preventive effect of these sanctions.

Despite the cases of courts ignoring the

mandatory imposition of punishment in the form of

deprivation of the right to hold certain positions or

engage in certain activities as an additional type of

punishment, we consider it is possible to propose to

the legislator to increase the terms of the sentence

under consideration.

Let us consider possible options for assigning this

type of punishment for longer terms than currently

provided for by the sanctions of Articles 264 and

2641 of the Criminal Code of the Russian Federation

(Lyadov E. V., 2020).

Let us return to the initial point of our study. We

repeat that the maximum penalty in the form of

deprivation of the right to hold certain positions or

engage in certain activities within the current version

of Articles 264 and Article 2641 of the Criminal Code

of the Russian Federation should not exceed three

years. Let us compare similar acts in terms of

punishment, some of which are criminal offences and

others should be qualified as administrative. We are

talking about driving vehicles in a state of

intoxication or with actions related to the refusal of a

medical examination or with signs of intoxication or

when such a condition acts as an aggravating

circumstance.

Parts 1 and 2 of Article 12.8 of the Administrative

Code of the Russian Federation establishing

responsibility "For the management or transfer of

control ...", provide for a sanction in the form of

deprivation of the right to drive vehicles for a period

from one and a half to two years. That is, in this case,

the lower limit of punishment for such an act in the

Criminal Code of the Russian Federation is lower

(from six months) than the Administrative Code of

the Russian Federation (from one and a half years).

And the upper limit is not very different: up to two

years - in the administrative law and up to three years

- in the criminal law.

So, we are talking about absolutely different types

of legal responsibility and different public danger of

acts. And the expression of public danger, as we

know, is reflected among other things in the sanction

of the legal norm (Razgildiev B. T., 2017). The

greater the public danger of the act is, the stricter the

sanction is, and vice versa. We believe that it is

necessary that the minimum term of the additional

type of punishment imposed in Articles 264 and 2641

of the Criminal Code of the Russian Federation

should not be lower than in the administrative

legislation for similar acts. And also, depending on

the severity of the consequences, the analyzed type of

punishment can be five, ten, fifteen or even twenty

years. We will say this in the conclusions.

In addition to the above proposals, we will also

focus on possible additions to the text of the criminal

law. In the State Duma of the Russian Federation with

a certain frequency, proposals are made on the

possibility of confiscating a vehicle that was under

the control of a person who committed a crime,

responsibility for the commission of which is

provided for in Articles 264 or 2641 of the Criminal

Code of the Russian Federation (in 2018, the bill was

developed by deputies of the Arkhangelsk Regional

Assembly). For example, on March 16, 2021, the

State Assembly - Kurultai of the Republic of

Bashkortostan, introduced the bill No. 1130809-7

"On Amendments to Article 1041 of the Criminal

Code of the Russian Federation". This bill is aimed at

implementing the possibility of confiscating a vehicle

from a person who is intoxicated or has refused a

medical examination, if such a vehicle belongs to a

guilty person or other owner. Such bills do not arise

without a reason, they are the reaction to the

challenges that we see in everyday life. Probably, this

is a request of the society at the present time (Vellinga

N.E., 2017). After all, it is an absolutely unacceptable

situation when people continue to drive vehicles in a

state of intoxication, whose number of violations is

estimated in the hundreds. And all this in the end, as

we see, leads to human casualties.

We will express our opinion on this issue. In

general, we have a positive attitude to the idea of

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confiscating a vehicle from persons who drive it in a

state of intoxication, provided that the consequences

specified in Articles 264 or 2641 of the Criminal

Code of the Russian Federation will occur (Simonato

M., 2017). We will devote one of our next studies to

this topic.

In the framework of this study, we will draw

attention to the norm that is enshrined in paragraph 5

of article 131-6 of the French Criminal Code

"Bringing to a standstill one or more vehicles

belonging to a convicted person for a period of no

more than one year, in accordance with the provisions

of a decree of the Council of State" (Ljungholm D. P.,

2019). We believe that this type of punishment can be

included in the Russian criminal legislation in a

modified version, taking into account the legislative

technique.

Taking into account the fact, that the punishment

in the form of deprivation of the right ... or to engage

in certain activities as an additional type of

punishment is not imposed by the courts in all cases

of conviction, as evidenced by the data indicated in

Tables 1-3. And the very fact of the execution of this

type of punishment comes down to the formal

withdrawal of the driving license, that will not stop

the person from further driving the vehicle, despite

the ban (Civello G., 2019). More drastic measures are

needed, such as a physical restriction on the use of the

vehicle.

Taking into account foreign experience, along

with the additional type of punishment provided for

in Article 47 of the Criminal Code of the Russian

Federation, we also propose to introduce a restriction

on the use of a vehicle. We anticipate objections to

this type of punishment, which can only be imposed

as an additional one. The main one is the restriction

of property rights. Yes, this right will be limited, but

limited by law! The owner or other owner of the

vehicle should be aware of the consequences and

more carefully and selectively approach the issues of

trust, transfer of the right to drive a vehicle. These

changes are aimed at ensuring the protection of life

and health of citizens, ensuring the safety of traffic

and exploitation of transport, as well as reducing the

number of road accidents and the severity of their

consequences.

4 CONCLUSIONS

Summing up our research, we note the following. It is

necessary to set a lower term for an additional type of

punishment in the form of deprivation of the right to

hold certain positions or engage in certain activities

for at least one and a half years. The upper limit of an

additional type of punishment in the form of

deprivation of the right..., in part 1 of Article 264 of

the Criminal Code for up to five years or without it,

in parts 2 and 3 of Article 264 of the Criminal Code

for up to ten years, in Parts 4 and 6 of Article 264 of

the Criminal Code for up to twenty years and in Part

5 of Article 264 of the Criminal Code for up to fifteen

years. In article 2641 of the Criminal Code of the

Russian Federation, the upper limit of the sanction is

in the form of deprivation of the right to hold certain

positions or engage in certain activities for a period of

up to ten years.

The second important result of the study is that we

consider it possible to propose to the legislator to

include in the text of the criminal law a norm that

restricts the use of a vehicle, framed as: Article 471

Restriction on the use of a vehicle.

The restriction on the use of a vehicle is applied

to a person who is sentenced to deprivation of the

right ... for the same period.

ACKNOWLEDGEMENTS

We would like to express our gratitude to the

organizers of the VII International Scientific and

Practical Conference "Criminal Law and Operational

Investigative Activities: Problems of Legislation,

Science and Practice" and a special thanks to the

Doctor of Law, Associate Professor Gennadiy

Sergeevich Shkabin!

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