The problem of establishing the state of intoxication in the commission of vehicle crime

Lyubimova Galina Mikhailovna

This article is devoted to the problems arising in establishing the circumstances that the legislator refers to the qualifying signs of crimes in the road transport sector. Such circumstance, owing to the made changes in the criminal legislation, is management of the vehicle in a state of intoxication. The author notes the shortcomings of legal regulation in the statement of note 2 to article 264 of the Criminal code of the Russian Federation. In the course of the analysis of the proposed changes in the scientific literature to this rule, the author is critical of the proposal to simply remove this note. Instead, the author substantiates the proposal to Supplement this note with actions indicating the driver's evasion from passing a legal medical examination.

Keywords:driving, state of intoxication, shortcomings of legal regulation, evasion from medical examination.