The subject of the research is the norms of criminal legislation of Germany, France, the United Kingdom, the USA, Poland, and China that establish liability for actions that violate road safety and the operation of motor vehicles, as well as the approaches that have traditionally developed in foreign legal doctrines regarding their interpretation. The main focus is on defining typical models of criminal law responses to "dangerous" behavior of road traffic participants, including existing formal structures in the legislation of various states, developed and tested mechanisms for accounting repeat violations, and the established system of additional measures of influence. The study also covers aspects of the possible adaptation of foreign legislation norms into the domestic legal system, based on a thorough examination of their functional comparability, the identification of key structural differences, as well as the discovery of the actual practical potential for use in Russian legal realities. The methodological framework is based on comparative legal, formal legal, and historical legal methods, which collectively allowed for a detailed investigation of possible directions for the implementation of foreign experience in combating crimes that threaten road safety and the operation of motor vehicles. It has been established that foreign legal systems consistently construct the elements of endangering road safety as formal offenses that do not require the occurrence of consequences, which distinguishes them from the approach implemented in Chapter 27 of the Criminal Code of the Russian Federation. The novelty of the work is determined by the comprehensive characterization of models of criminal law protection of transport safety, taking into account reforms that have not previously received comprehensive coverage in Russian doctrine concerning the examined group of offenses. Proposals have been formulated for the introduction of an independent offense of dangerous driving with administrative preclusion into domestic criminal legislation, the expansion of the scope of confiscation of vehicles as another measure of a criminal law nature, as well as an increase in the maximum terms of deprivation of driving rights for repeat offenses. The results of the research may be used in legislative activities, in the preparation of educational courses on the criminal law of foreign states, and in further scientific developments on the issues of transport crimes.
Anastasiya Feliksovna Dimovskih (Sun,) studied this question.