The personological factor in the criminal law assessment of accidents involving personal mobility means users: gaps in legislation and judicial practice

• Published in: Юридические исследования no. 6; pp. 112 - 125
• Main Author: Dimovskih, Anastasiya Feliksovna
• Format: Journal Article
• Language: English
• Published: 01.06.2025
• ISSN: 2409-7136; 2409-7136
• DOI: 10.25136/2409-7136.2025.6.74570

The subject of the present study is the set of criminal-legal and criminologically significant characteristics that determine the influence of personological traits of personal mobility transport (PMT) operators (PMD users) on the qualification of the offense and the individualization of punishment in cases involving serious consequences of traffic accidents. The aim of the work is to identify the role of the personological factor in the qualification and sentencing of offenses related to the operation of electric scooters. The methodological basis consists of the dialectical paradigm of the relationship between the biological and the social, the criminological theory of integral risk, and the cognitive-psychological concept of transport competence. The comparative-legal method involves comparing normative constructs to identify gaps in legislation; modeling involves developing the concept of the “Personological Danger Scale for PMD Operators” (PDS-PMD) as an expert tool for sentencing. The results of the study demonstrate a transformation of the normative-legal paradigm: in the absence of a specialized criminal offense, the emphasis shifts from formal criteria of mechanical vehicles to the individual-personal characteristics of the subject. It seems appropriate to amend the disposition of Article 264 of the Criminal Code of the Russian Federation by extending its application to persons operating PMTs who violate federal normative legal acts and rules of PMT operation if such actions cause serious harm to health or death of the victim. Introducing these changes will overcome the existing gap in the nature of criminal-legal protection in the field of micromobility and ensure lateral consistency with Articles 264 and 268 of the Criminal Code, which corresponds to the principles of systematicity and internal coherence of criminal legislation. Furthermore, the developed scale of personological (criminological) danger for PMT users is proposed, based on a combination of factors including offending behavior, degree of compliance with traffic rules, and individual psychological characteristics of the subject. The practical significance of this scale lies in its potential application for individualizing punishment, forming preventive programs, and regulating access to PMDs in conditions of increased accident risk, which in turn contributes to the unification of law enforcement practice and enhances the effectiveness of preventive measures in the relevant field.