Criminal law measures against "dangerous driving" as a tool for ensuring road safety

Article 2671 of the Criminal Code of the Russian Federation is undoubtedly a significant instrument for ensuring the safety of the transport system. However, for its effective application, it is necessary to address existing shortcomings and problems related to its broad interpretation and ambiguous wording. Otherwise, the article risks being transformed from a means of protection against hooligan threats into an instrument of excessive criminalization and unjustified prosecution. Currently, law enforcement agencies have the possibility to apply Article 2671 of the Criminal Code of the Russian Federation in cases where an individual's actions constitute dangerous driving motivated by hooliganism, but have not resulted in the consequences specified in Article 264 (i.e., grievous bodily harm or death). To address gaps in enforcement practice concerning actions that threaten the safe operation of motor vehicles, it is proposed that amendments be made to the legal structure of Article 264, while the actual application of Article 2671 should remain within the legislative intent regarding the operation of other modes of transport. Specifically, the authors propose introducing an additional qualifying element into Part 2 of Article 264, wording it as follows: "committed by a person out of hooligan motives, expressed through dangerous driving." While this formulation is a step in the right direction, its effective practical application requires further clarification and the development of implementation mechanisms. It is essential to ensure unambiguous and objective criteria for defining "dangerous driving" and assessing the degree of threat. This situation clearly illustrates how even minor errors in legal drafting can significantly distort legislative intent and lead to outcomes different from those originally envisaged when the norm was created, thereby underscoring the critical importance of meticulous elaboration in legislative acts. The authors declare no conflicts of interests.

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