THE NEW LEGAL STATUS OF THE MEANS OF INDIVIDUAL MOBILITY AND THE LEGAL RESPONSIBILITY OF THE PERSONS MANAGING THEM
Abstract and keywords
Abstract (English):
The article considers the legal status of persons managing means of individual mobility in the Russian Federation. Taking into account the latest changes made to the Traffic Rules of the Russian Federation, the status of the person managing the SIM and other road users is compared. Based on the analysis of law enforcement practice, the existing qualification of violations of the Traffic Rules of the Russian Federation committed by persons operating means of individual mobility is evaluated. Generalizing conclusions are made regarding the specific elements of administrative offenses and crimes, the responsibility for which is established by russian legislation.

Keywords:
road safety, means of individual mobility, vehicle, mechanical vehicle, road user
Text
Publication text (PDF): Read Download
References

1. On Amendments to Certain Acts of the Government of the Russian Federation and Invalidation of Certain Acts of the Government of the Russian Federation and Certain Provisions of Certain Acts of the Government of the Russian Federation: resolution of the Government of the Russian Federation no. 1769 of October 6, 2022. Collection of legislative acts of the RF, 2022, no. 41, art. 7100. (In Russ.)

2. GOST R 59483-2021. National Standard of the Russian Federation. Wheeled vehicles. Terms and definitions (approved and put into effect by Order of Rosstandart no. 344-st of May 13, 2021). Access from the reference legal system “ConsultantPlus” (accessed 27.01.2023). (In Russ.)

3. On Traffic Rules: decree of the Government of the Russian Federation no. 1090 of October 23, 1993 (together with the “Basic Provisions for the admission of vehicles means of operation and duties of officials to ensure road safety”). Access from the reference legal system “ConsultantPlus” (accessed 27.01.2023). (In Russ.)

4. On some issues arising in judicial practice when considering cases of administrative offenses provided for in Chapter 12 of the Code of Administrative Offenses of the Russian Federation: resolution of the Plenum of the Supreme Court of the Russian Federation no. 20 of June 25, 2019. Bulletin of the Supreme Court of the Russian Federation, 2019, no. 9. (In Russ.)

5. On Road traffic safety: federal law no. 196-FZ of December 10, 1995. Access from the reference legal system “ConsultantPlus” (accessed 27.01.2023). (In Russ.)

6. Afanasyevskaya A. V., Ivanova N. A. Legal relations related to the use of electric scooters: foreign experience and prospects of application in Russian le-gislation. International public and private law, 2022, no. 4, pp. 29-31. (In Russ.)

7. Rozhenchikova D. V. Features of administrative and legal regulation of the use of electric scooters. Legal risks and ways to overcome them. Administrative law and process, 2022, no. 10, pp. 81-84. (In Russ.)

8. Sokolov D. V. The problem of legal responsibility of new road users. Transport law, 2021, no. 3, pp. 11-14. (In Russ.)

9. Resolution of the First Cassation Court of General Jurisdiction no. 16-3388/2022 of April 25, 2022. Access from the reference legal system “ConsultantPlus” (accessed 21.01.2023). (In Russ.)

10. Resolution of the Third Cassation Court of General Jurisdiction no. 16-3260/2022 of June 17, 2022. Access from the reference legal system “ConsultantPlus” (accessed 21.01.2023). (In Russ.)

11. Resolution of the Third Cassation Court of General Jurisdiction jurisdiction no. 16-6058/2022 of December 7, 2022. Access from the reference legal system “ConsultantPlus” (accessed 21.01.2023). (In Russ.)

12. Resolution of the Seventh Cassation Court of General Jurisdiction no. 16-5397/2022 of September 30, 2022. Access from the reference legal system “ConsultantPlus” (accessed 21.01.2023). (In Russ.)

13. Resolution of the Fifth Cassation Court of General Jurisdiction no. 16-1943/2022 of August 8, 2022. Access from the reference legal system “ConsultantPlus” (accessed 21.01.2023). (In Russ.)

14. Resolution of the Sixth Cassation Court of General Jurisdiction no. 16-760/2022 of Feubrary 21, 2022. Access from the reference legal system “ConsultantPlus” (accessed 21.01.2023). (In Russ.)

15. On judicial practice in cases of crimes related to violation of traffic rules and operation of vehicles, as well as their unlawful seizure without the purpose of theft: resolution of the Plenum of the Supreme Court of the Russian Federation no. 25 of December 9, 2008. Access from the reference legal system “ConsultantPlus” (accessed 21.01.2023). (In Russ.)

16. The decision of the Judicial Board for Administrative Cases of the Supreme Court of the Russian Federation no. AKPI22-66 of March 30, 2022 on the refusal to satisfy the application for invalidation of paragraphs of the eighteenth, fortieth and fifty-eighth paragraph 1.2 of the Rules of the Road of the Russian Federation, approved. By Decree of the Government of the Russian Federation no. 1090 of October 23, 1993. Access from the reference legal system “ConsultantPlus” (accessed 21.01.2023). (In Russ.)

17. Resolution of the Sixth Cassation Court of General Jurisdiction no. 77-3280/2022 of July 13, 2022. Access from the reference legal system “ConsultantPlus” (accessed 21.01.2023). (In Russ.)

18. Sayadova A. S. Electric scooters ecological revolution or criminal threat? Bulletin of the Faculty of Law of the Southern Federal University, 2022, no. 3, pp. 106-113. (In Russ.)

19. On the application by courts of civil legislation regulating relations on obligations due to harm to the life or health of a citizen Resolution of the Plenum of the Supreme Court of the Russian Federation no. 1 of January 26, 2010. Rossiyskaya Gazeta, no. 24, 2010, February 5. (In Russ.)


Login or Create
* Forgot password?