ОБСТОЯТЕЛЬСТВА, СМЯГЧАЮЩИЕ НАКАЗАНИЕ И ИСКЛЮЧАЮЩИЕ ПРЕСТУПНОСТЬ ДЕЯНИЯ ПО УГОЛОВНОМУ ЗАКОНОДАТЕЛЬСТВУ КОРОЛЕВСТВА НИДЕРЛАНДОВ (СРАВНИТЕЛЬНЫЙ АНАЛИЗ)

The article provides a comparative analysis of the criminal legislation of the French Republic in terms of consideration of the mitigating factors and criminal defenses. This research work provides an overall exploration of the mitigation of sentence institute in accordance with the present edition of the French Penal code, adopted on July 22, 1992 and entered into force from March 1, 1994 and the Criminal Code of the Republic of Uzbekistan, adopted on September 22 and entered into force from April 1, 1995, including the issues on determining the punishment for the criminal offences committed in mental disorder as well as insanity and diminished responsibility, for not completed offences and the criminal complicity and moreover the institutes of pardon, exemption from liability and punishment, splitting the punishment some of issues regarding to legal person’s liability as per of French criminal legislation. Pursuant to the results of the conducted analysis, similar and different sides of current criminal laws have been clarified, decisions on the concluded analysis and final conclusion on the implementation of splitting the punishment to the criminal law of the Republic of Uzbekistan have been provided.

The existing paper provides a comparative analysis of the criminal legislation of Canada and Uzbekistan in terms of consideration of the mitigation of punishment and criminal defenses. In detail, the present research provides an overall overview of the mitigation of sentence institute in accordance with the existing editions of the Criminal Code of Canada and the Criminal Code of the Republic of Uzbekistan, including the issues of determining the punishment for the criminal offences committed in a state of mental disorder, as well as insanity and diminished responsibility for incomplete offences and criminal complicity, including criminal defenses, institutions on the withdrawal (voluntary refusal) from the commission of an offence and innocent harm, etc. Pursuant to the results of the conducted analysis, similar and different sides of current criminal laws have been clarified. Decisions on the performed analysis and a final conclusion on the implementation of Canada's some criminal law norms to the criminal law of the Republic of Uzbekistan have been provided

The aim of the presented work is a legal analysis of the structure of the Special Part of the Criminal Code of the Russian Federation from 1996 to 2020 in order to identify trends in contemporary criminal law construction and prospects for the structuring of Russian criminal legislation. We have studied individual structural components available in the Special Part of the Criminal Code of the Russian Federation (such as chapters, sections, articles, as well as special attention to the dispositions, sanctions and notes to the articles of the Special Part of the Criminal Code of the Russian Federation) in the context of the modern development of socio-economic and political relations. Particular attention is paid to the methods of legislative technique in the construction of the Special Part of the Criminal Code of the Russian Federation. The tendencies typical of the modern criminal legislation were revealed. Attention was drawn to the presence of certain differences in the construction of the Soviet criminal codes and the current criminal law. Opinions existing in doctrine on the problem of construction of the modern criminal law of Russia are given. It is shown that the systematic ongoing permanent changes in the content of the articles of the Special Part of the Criminal Code of the Russian Federation leads to a significant violation of the logic of the criminal law system of Russia as a whole, as well as entails the creation of irreducible inconsistencies and contradictions within the current criminal law. The lack of a holistic understanding of the basis and content of the criminal law leads to haphazard changes and transformations, which create chaos inside the criminal law document. The paper argues that the only way out of the current situation is the development of a unified concept of structuring the criminal law of the Russian Federation. The concept must be based on historical experience, on prevailing domestic political, economic and social conditions, on international legal agreements, on criminological foundations, on modern achievements in legislative technique and, of course, on the latest doctrinal research. In the first quarter of the XXI century criminal and legal doctrine has carried out a profound scientific synthesis in the structure and content of the General and Special parts of the criminal law and created all the necessary groundwork for the development of a new Criminal Code of the Russian Federation or for the proposal of a new edition of the existing criminal law. The authors declare no conflicts of interests.

At the current stage of social development, the protection of the interests of a person, society and the state from publically dangerous infringements is reaching a conceptually new level. Russian and foreign legislation, as well as theoretical publications, are paying more and more attention to the possibilities of the lawful infliction of harm under the circumstances that preclude the criminal character of an action. The abovementioned norms have a special place in criminal or other legislation because they contain clauses that allow inflicting harm on public relations protected by criminal law. Criminal legislation, recognized worldwide as penal in its essence (e.g. the Penal Code — «penal» being the synonym of «retributive», «punitive» and «vindictive») still contains a specific chapter devoted to such circumstances and includes norms that define the conditions and grounds for inflicting harm on public relations protected by criminal legislation, and this harm is recognized as lawful and even publically beneficial. These norms should be viewed as a specific legal phenomenon not only in Russian, but also in foreign criminal legislation and other types of legislation. However, the analysis of law enforcement practice does not allow to judge the effectiveness of their use by both law enforcement employees and citizens who protects their lawful rights and interests against publically dangerous infringements or engage in other publically beneficial behavior. In our opinion, the problems of law enforcement are connected with legislative support, and specifically with the area of substantive law. The authors of the article summarize many possibilities of using the norms of Chapter 8 of the Criminal Code of the Russian Federation that have not been realized yet. They take into account and stress the isolation and independence of these norms, the necessity of their presence and reflection specifically in the criminal legislation. The authors also recommend to change the method of legal regulation of the circumstances that preclude the criminal character of the action and to use it as a basis for introducing significant changes in the contents of the abovementioned norms with the aim of improving the effectiveness of their enforcement in practice.

The article is devoted to the issues of “large-scale” improvement of special banking, tax and criminal legislation, filling gaps and eliminating contradictions between certain norms of Criminal, Civil and Banking Law. The development of entrepreneurship in general and the capital market in particular requires a radical revision of not only the Criminal Code, but also a coordinated change in the entire block of criminal law regulations. The need to take urgent measures to improve legislation is also due to the fact that the sphere of banking capital has become one of the most criminogenic sectors of the domestic economy. The article examines certain issues related to the lagging behind the formation of a system of legislative support for new monetary relations from the pace of the formation of a free market. The improvement of the capital market requires an integrated approach to the improvement of criminal, banking and tax legislation, the achievement of full consistency, a clear formulation and assimilation of the basic concepts and categories of financial activity, the formation of strong business traditions. The sphere of financial and credit relations, due to the complete absence of legal regulation of new types of activities, turned out to be open to illegal encroachments, in connection with which the author comes to the conclusion that it is necessary to include new articles in the Criminal Code of the Russian Federation aimed at protecting “civilized” entrepreneurs from criminal encroachments. In conclusion, a proposal was made on the need to supplement the criminal legislation with a number of conceptual provisions that ensure the functioning of the capital market and the protection of civilized banking.

The article establishes that the modernization of Ukraine’s criminal legislation should be carried out taking into account the general principles of lawmaking, the principles of criminal law as a branch of law, as well as the special principles of criminal lawmaking, which include the principles of reasonableness, completeness of criminal law provisions, and the absence of gaps and synchronization. The principle of reasonableness is characterized by such requirements as justification, prudence, caution, and expediency. This principle means that modernization must be justified, prudent, cautious, and expedient, which together ensure the predictability of Ukraine’s criminal legislation and its adaptability to modern challenges. Justification means sufficient grounds for modernizing Ukraine’s criminal legislation, which must be substantiated primarily in the explanatory note to the amending law and accompanying documents. Prudence is a mechanism for implementing rational, balanced, and socially oriented criminal lawmaking, according to which Ukraine’s modernized criminal legislation is capable of achieving its goals while maintaining a balance between criminal law enforcement for the protection of society and respect for human rights. Prudence is a manifestation of rational and socially oriented legislative thinking based on common sense and the desire to achieve a fair balance between criminal law protection of public interests and respect for human rights and freedoms. Appropriateness implies the adaptability of criminal legislation to contemporary challenges and technological transformations and should be based on a balance between the dynamism and stability of this legislation. The principle of completeness of criminal law provisions and the absence of gaps is a strategic guideline for adapting Ukrainian criminal law to new social realities and challenges, ensuring its effectiveness, predictability, and consistency. The principle of synchronization during the modernization of Ukraine’s criminal legislation is aimed at harmonizing Ukraine’s criminal legislation both in itself (i.e., ensuring internal synchronization) and with the norms of other branches of law regulated by regulatory legislation, as well as with international norms (i.e., ensuring external synchronization).

The current time context is dominantly marked by changes and development. In public discourse, it is often emphasized that change is the only constant. In the spirit of that statement, criminal law itself, as the most exclusive instrument of the state's reaction to crime, is in constant development - status semper reformandus. Changed social circumstances determine the dynamics and character of changes in the criminal legal framework. It should certainly be a rational and relatively consistent system of legal documents, but by no means sluggish and inadequate. Continuity of changes in criminal law provisions is present in all European criminal legislation, including the Serbian one. Changes as such are not always marked as necessary and adequate, but numerous are precisely of this type and are most prominent in the area of criminal offenses from the mala prohibita category. One of the segments that the criminal law protects is the legal and undisturbed performance of economic activity, the aspects of which are developing in several directions. The paper will analyze the peculiarities of the criminal protection of legal flows of insurance, its possibilities and scope, both in the provisions of the Criminal Code (CC) and in the provisions of secondary criminal legislation - in this case the Insurance Law (IL). This analysis refers both to the nomotechnical peculiarities of the criminal offense of insurance fraud in the CC, as well as to some fundamental problematic questions of determining the mutual conditionality of criminal law norms with the conditions of modern economic crime, the question of how criminality vice versa shapes insurance products. All classic research methods in legal sciences will be used in the work, primarily the dogmatic-legal and normative method. In conclusion, it is emphasized that criminal law provides protection to the legal functioning of insurance as an activity within the framework of the financial sector and as such directly protects economic activity, especially in relation to the group protection facility that the criminal offense of insurance fraud has within the framework of the Special Part of the CC. Criminal law norms are included in the framework of the lex specialis - the Insurance Law, which shows that this regulation in the field of criminal law protection is within the framework of secondary legislation, but as confirmed in the paper, it is legitimate and without unnecessary overlapping of incriminations.

The authors analyze publications in criminal policy, study its understanding by scholars of criminal and criminal procedure law and criminology, and present their own vision of different aspects of the development and implementation of criminal policy in the Russian Federation. They examine criminal policy as a complex pheno­menon which has law enforcement and human rights dimensions aimed at counteracting crime, as a system which includes criminal law, criminal procedure, investigation, penitentiary and criminological policies; the authors present arguments in favor of using such an approach. Criminal policy cannot be designed independently from state legal policy; it should be developed with the participation of civil society institutions and should be approved by it. The main goal of this work is to determine the basics (the principles) of Russian criminal policy, to describe their contents, interconnections and interpenetration. The authors examine and analyze different approaches to specifying the principles of criminal policy. They come to the conclusion that the principles of criminal policy differ from the principles of anti-criminal branches of law, but the latter should determine the basic clauses of criminal and criminal procedure law. It is stressed that a system of principles focusing on a common goal — crime counteraction — can only be discussed within the framework of criminal policy. The authors study the international experience of criminal policy in different countries and determine four fundamental principles of criminal policy in the member states of the Council of Europe. The analysis of modern criminal law and criminal procedure legislation with its numerous changes and amendments, the identified lack of coordination and inconsistency of the actions of lawmakers allow the authors to discuss the necessity of developing a unified criminal law, criminal procedure and penitentiary policy, i.e. criminal policy in a broad sense. They conclude that it is necessary to design a document, officially recognized at the state level, that would stipulate and reflect the basics (the principles), goals and tasks, as well as the priority directions for developing the criminal policy.

The article is devoted to the issues of criminal liability for enforced disappearance in criminal law of Ukraine. The international legal conditionality of the appearance of this prohibition in the Criminal Code of Ukraine, its adequacy to the modern needs of combating this phenomenon as well as the compliance with the conditions of implementation of the provisions of international legal acts in the national criminal legislation are analyzed. It should be taken into account that international legal acts describe the need to criminalize socially dangerous behavior, and the form of such criminalization is chosen by states in accordance with national traditions of law-making. The article cites and analyses corpus delicti of the criminal offence provided for by Article 146-1 of the Criminal Code of Ukraine «Enforced Disappearance», which appeared in the criminal law as a result of the adoption of the Law of Ukraine «On the Legal Status of Missing Persons». Potential difficulties in applying the norm provided for by Article 146-1 of the Criminal Code of Ukraine to socially dangerous acts, cases of unjustified competition and conflict of norms are revealed. It is stated that the norm provided for by Part 1 of Article 146-1 of the Criminal Code of Ukraine, is partly special in relation to several norms provided for by other articles of the Criminal Code: Article 146 «Illegal confinement or abduction of a person»; Article 371 «Knowingly unlawful detention, compelled appearance, house arrest or taking into custody»; Article 365 «Excess of authority or official powers by a law enforcement officer»; Article 364 «Abuse of authority or office». It should be noted that before the introduction of Article 146-1 to the Criminal Code of Ukraine virtually all the behavior constituting enforced disappearance, the criminalization of which was the obligation of the Ukrainian state under the Rome Statute of the International Criminal Court and International Convention for the Protection of All Persons from Enforced Disappearance, constituted criminally prohibited behavior in accordance with the above mentioned «general» criminal law norms. The exception, in fact, is only the formal corpus delicti of indulgence, which is not covered by Article 364 of the Criminal Code of Ukraine and the introduction of which into the system of criminal offences under the current Criminal Code of Ukraine we completely approve. The article also analyses the prospects of the adoption of amendments to the Criminal Code of Ukraine, proposed in the draft Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine on the Implementation of Norms of International Criminal and Humanitarian Law», which offers to supplement the Criminal Code of Ukraine with Article 442-1 «Crimes against humanity». Thus, the Ukrainian legislator will react for the second time to its international legal obligations regarding the implementation of the norms of international humanitarian law. The following options for preventing real and potential threats in the criminal law regulation of liability for enforced disappearance are proposed: to borrow the German experience of criminal law regulation in this area of public relations as well as to adopt the law on international criminal law.

The article analyses the historical aspect of criminal liability for high treason in Ukraine since the times of Kyivan Rus’. The genesis of the emergence and transformation of this legal phenomenon is studied on the material of the statutes of the Grand Duchy of Lithuania, the codified criminal laws of the Russian Empire, the criminal codes of the Soviet era. It is noted that all the criminal codes of the Ukrainian Soviet Socialist Republic were not proper domestic laws. They were created in strict accordance with the instructions of the central authorities of Moscow, which were based on the principle of political expediency. In fact, these norms of the Ukrainian criminal legislation were copied from the Criminal Code of the RSFSR. Therefore, in Ukraine in the 1920s and 1950s the concept of «counter-revolutionary crimes» was introduced into criminal law. A relevant chapter of the Criminal Code was created, which included high treason. As a result, the ideas of class struggle became the norms of criminal law and were used as an instrument of political repression. Based on the study, it was concluded that it is necessary to improve the current criminal legislation of Ukraine, taking into account the historical experience of criminal responsibility for high treason and in accordance with modern threats to the national security of Ukraine.

Introduction. 2021 marks the 20th anniversary of the Criminal Procedure Code of the Russian Federation, adopted by the State Duma on November 22, 2001 by Federal Law No. 174-FZ. The development of criminal procedure legislation in these years was not always consistent, often characterized by chaotic and hasty measures. Nevertheless, the main factors that determine the development of modern criminal procedure legislation, as well as the key trends in the legal regulation of criminal procedure legal relations, have remained fairly stable for twenty years. Theoretical Basis. Methods. The object of the study is the norms of criminal procedure law that have emerged and developed during the period of the Code of Criminal Procedure of the Russian Federation since 2001. The methodological basis of the study is the general dialectical method of scientific knowledge, which allowed us to study the subject of the study in relation to other legal phenomena, as well as general scientific methods of knowledge (analysis, synthesis, induction, deduction, analogy, and modelling) and private scientific methods of knowledge (formal legal, historical-legal, and comparative-legal). Results. Among the variety of various factors that determine the development of modern criminal procedure legislation, there are several main ones: 1. The impact of international standards in the field of criminal justice on Russian criminal proceedings. Having ratified the European Convention for the Protection of Citizens’ Rights and Freedoms in 1998, Russia voluntarily assumed obligations in the field of ensuring citizens rights and freedoms, as well as creating the necessary conditions for their implementation. Among the most important criminal procedure norms and institutions that have emerged in the system of criminal procedure regulation under the influence of the positions of the ECHR, the following are notable: a reasonable period of criminal proceedings, the rights of participants in the verification of a crime report, the disclosure of the testimony of an absent witness at a court session, and alternative preventive measures to detention. 2. Optimisation of procedural resources and improvement of the efficiency of criminal proceedings. From the very beginning of the Criminal Procedure Code of the Russian Federation, there was a special procedure for judicial proceedings, which is a simplified form of consideration of criminal cases, provided for in Chapter 40 of the Criminal Procedure Code of the Russian Federation. In 2009, this procedure was extended to cases with concluded pre-trial cooperation agreements (Chapter 401 of the Code of Criminal Procedure of the Russian Federation), and in 2013, the institute of abbreviated inquiry appeared in the Code of Criminal Procedure of the Russian Federation (Chapter 321 of the Code of Criminal Procedure of the Russian Federation). 3. Social demand for increasing the independence of the court, and the adversarial nature of criminal proceedings. Society’s needs to improve the independence of judges, increase public confidence in the court, transparency and quality of justice led to the reform of the jury court in 2016 (Federal Law of 23 June 2016 N 190-FZ). As a result of the reform, the court with the participation of jurors began to function at the level of district courts, the jurisdiction of criminal cases for jurors was expanded, the number of jurors was reduced from 12 to 8 in regional courts and 6 in district courts. However, practice has shown that sentences handed down by a court on the basis of a verdict rendered by a jury are overturned by higher courts much more often than others due to committed violations, which are associated, among other things, with the inability to ensure the objectivity of jurors. In the context of a request for an independent court, Article 81 of the Criminal Procedure Code of the Russian Federation on the independence of judges (Federal Law of 2 July 2013 N 166-FZ) was adopted. 4. Reducing the degree of criminal repression. In the context of this trend, institutions have emerged in the criminal and criminal procedure laws that regulate new types of exemption from criminal liability. In 2011, Article 281 “Termination of criminal prosecution in connection with compensation for damage” was adopted, concerning a number of criminal cases on tax and other economic crimes (Federal Law of 7 December 2011 N 420). In 2016, the Criminal Procedure Code of the Russian Federation introduced rules on the termination of a criminal case or criminal prosecution in connection with the appointment of a criminal law measure in the form of a court fine (Federal Law of 3 July 2016 N 323-FZ). 5. Digitalisation of modern society. The rapid development of information technologies and their implementation in all spheres of public life has put on the agenda the question of adapting a rather archaic “paper” criminal process to the needs of today, and the possibilities of using modern information technologies in the process of criminal proceedings. Among the innovations in this area, it should be noted the appearance in the criminal procedure law of Article 1861 “Obtaining information about connections between subscribers and (or) subscriber devices” (Federal Law of 1 July 2010 N 143-FZ), Article 4741 “The procedure for using electronic documents in criminal proceedings” (Federal Law of 23 June 2016 N 220-FZ), the legal regulation of video-conferencing in criminal proceedings (Federal Law of 20 March 2011 N 39-FZ), and the introduction of audio recording of court sessions (Federal Law of 29 July 2018-FZ N 228-FZ), etс. Currently, the possibilities of further digitalisation of criminal proceedings, and the use of programs based on artificial intelligence in criminal proceedings, ets. are being actively discussed. Discussion and Conclusion. The main factors determining the vector of development of modern criminal justice should, in our opinion, include the impact of international standards in the field of criminal justice on Russian criminal justice; optimisation of procedural resources and the need to improve the efficiency of criminal justice, social demands for strengthening the independence of the court, adversarial criminal proceedings; the needs of society to reduce the degree of criminal repression, and digitalisation of modern society.

The article presents a study of the domestic legislation of the XI–XVIII centuries, aimed at criminal law counteraction to illicit trafficking in alcoholic beverages. The relevance of the study is due to the significant number of illegal alcoholic and alcohol-containing products on the modern Russian market. Studying the historical experience of the formation of criminal legislation providing for responsibility for these acts makes it possible to identify patterns in the development of legal norms and identify the most effective criminal law mechanisms for countering such crimes. The purpose of the study is a comprehensive analysis of the formation and development of Russian legislation on combating illegal production and trafficking of alcoholic beverages, as well as identifying patterns and features of this process. The subject of the study is the criminal law norms providing for liability for acts that infringe on the legal turnover of alcoholic beverages. The research methodology is represented by a set of general scientific and private scientific methods of cognition. The following general scientific methods of cognition are used: system-structural analysis, logical analysis of texts and judgments. The historical and legal method was used as a private scientific method, which made it possible to analyze the development of Russian criminal legislation aimed at protecting the legally established procedure for the production and turnover of alcoholic beverages. The scientific novelty of the research is expressed in a comprehensive analysis of the Russian legislation of the XI–XVIII centuries, aimed at countering the illicit trafficking of alcoholic beverages. The article presents a detailed analysis of the development of criminal law norms providing for liability for the illegal production and trafficking of alcoholic beverages in Russia and in Russia from ancient times to the beginning of the XVIII century. The main focus is on the evolution of legislation in the field of combating illicit trafficking in alcoholic beverages, dubbed "korchemstvo". The paper examines in detail the first mentions of punishments for illegal alcohol trafficking in the Pskov judicial charter, the development of standards of responsibility in the era of Ivan III and Ivan IV. A special place in the study is occupied by the analysis of the punishment system for drunkenness. Special attention is paid to the reign of Peter I. The author notes that the issues of criminal law counteraction to illicit trafficking in alcoholic beverages are inextricably linked with the state policy on alcohol trafficking. Excessive restrictions on alcohol turnover imposed by the State have led to an increase in the share of the grey alcohol market and an increase in corruption in this sector.

Purpose. The purpose of the work is to study the extension of the principle of retroactivity to law-making and law-enforcement practice to the legal system in Ukrainian legislation. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions. The following methods of scientific knowledge were used during the study: comparative law, logical-grammatical, system-structural, modeling. Results. During the study, it was recognized that in the legislation of Ukraine, in the process of creating and implementing legal norms, general principles of law are applied, which are guided by state authorities and local governments in their activities within the framework of their competence. When adopting new regulatory legal provisions or making changes to existing ones, general principles of law must be applied. The application of the principle of retroactivity of law allows individuals and legal entities to be confident in the legal assessment of their actions not only when they are committed, but also in the future. Scientific novelty. In the process of research, it was scientifically substantiated that the criminal procedural legislation of Ukraine as a whole complies with the Fundamental Law of Ukraine and the practice of the European Court of Human Rights during criminal proceedings when changing the punishment for committing criminal offenses. Practical significance. The results of the study can be used in law-making activities in the further improvement of national criminal procedural, criminal legislation regarding the improvement of the institution of the application of punishment when improving the legislation on punishment for committing criminal offenses, as well as in the educational process during the teaching and study of the academic disciplines “Criminal Procedural Law of Ukraine”, “Criminal Law”, “Law Enforcement Activities”, “Advocacy”, others.

Purpose. Criminal legislation has the task of protecting the state system and social system, their individual structures and institutions. The peculiarity of the Criminal Code of 1903, regarding these tasks, is that it was adopted in an exceptional and special historical period of time. First of all, this circumstance is associated with the period of time that covered the development of criminal legislation during the 19th century, which was reflected in its system, structure and criminal law norms. Secondly, as noted in the preamble of the Criminal Code of 1903, it is adopted in the context of the ongoing state and social transformations, taking into account the requirements of new decisions. Significant changes related to the formation of criminal law provisions providing for liability for violation of the rules of management, use, maintenance and disposal of transport. It should also be noted that the Criminal Code of 1903 represented and was the basis for the development of criminal legislation of the new century, including criminal liability for transport crimes. Methodology: dialectics, abstraction, analysis, synthesis, deduction, — formal legal method, comparative law method. Conclusions. Firstly, the second half of the nineteenth century is characterized by the active construction of the transport system and its infrastructure; secondly, the need arose to form special governing bodies that were not previously provided for in the structure of government bodies of the Russian Empire; thirdly, the safety of traffic and operation of transport required full legal support for the management of the transport system; fourthly, the organization of transport traffic required the formation of institutions and employees for the training of specialized specialists; fifthly, the task of uninterrupted operation of the transport system and the movement of vehicles predetermined the need for systematic maintenance and repair of vehicles and transport infrastructure, sixthly, points/ stations for the formation of trains, loading/reloading of goods and boarding/transfer of passengers deserved to be formed and provided; seventhly, the need arose to form transport teams, determine for them the place and time of meals, rest and interchangeability, and then, as a necessary component of any activity, the function of monitoring the movement of vehicles, especially their technical equipment, was predetermined in order exclusion of accidents. Scientific and practical relevance. To specify the categories of the Criminal Code of 1903 under consideration in order to determine their meaning and place in the current national criminal legislation and in the science of criminal law. Use the results in the preparation of regulations providing for liability for encroachment on the safety of traffic and operation of vehicles, in a complex modern management system in the field of organization and operation of transport, especially in international and related areas, as well as in the educational process when training specialists in the field law enforcement.

The paper discusses formation and development of criminal legislation on the subject and subjective signs of the crime in the countries of medieval Europe within the comparative jurisprudence. The authors note that the level of culture and statehood in any society and its government bodies as a whole depends on the attitude of the society and the state to those who committed unlawful, criminally punishable acts. On the materials of criminal law in the Ancient World and the Middle Ages (Ancient Rome, Ancient Greece, etc.) a strict liability was in law-enforcement practice. New states were formed during the Middle Ages. That led to the need of strengthening their authority of state power and statehood. Consequently, the state got the right to protect the interests of the individual and society, and the right to creation a new criminal legislation and its institutions. The church survived after liquidation of many public and state institutions. On the one hand, it contributed to the preservation of scientific achievements of the Ancient World. On the other hand, the church deprived science of free critical attitude to the issues under study. Philosophy and jurisprudence were based on theology. Criminal-legal institutions could be developed only in the direction, which had been approved by the church. Clearly, the idea of protecting the rights of the individual, strict liability and conditions of sanity could not be widely applied. As soon as the states were originated, strict liability was necessary to stop the blood feud and delegation of the judiciary from the society to the state. The obtained knowledge about the world and deeper understanding of the causality of what is happening facilitated the process. From the political point of view, theology (a Christian doctrine) influenced the criminal law policy in Medieval Time. The legislator regulated a range of subjects of the crime. In X - XI centuries, ancient ideas of strict liability were accepted in Europe. Crimes were divided into willful and not deliberate. The principle of the personal guilty is directly related to the subject of the crime. Murderers, rapists, thieves, swindlers and others were declared criminals. Judicial practice of many times and peoples gives us numerous examples confirming the existence of views on the animal as a subject of crime. Age limits of legal responsibility were defined as the minority, which is different from the social maturity, and sometimes old age, were considered the reason for the undisputed crime blamed of a crime to a subject. People under 14 years old could not be subjected to the death penalty, except when "malice can make up for the lack of age". The authors pay attention to the fact that the interests of healthy individuals guided medieval jurisprudence and medicine. They also regulated peculiarities of the healthy individuals’ legal capacity, presence of dementia and mental illnesses, etc. The mitigation of punishment in some cases when the fault of the subject of the crime was absent, fixing the criminal-legal significance of the motive of the crime, intent and some other subjective features in the legislation were a progress. Studies of the Medieval European States shows that the legislator at that time did not formulate general signs of the subject of the crime and did not know the criminal legal concept of strict liability. However, there was a need to solve the problem. Thus, the paper discusses the essence of the criminal legal significance of the сorpus delicti, its place in the criminal law and law enforcement practiceю. The authors used scientific literature of both foreign and Russian