Tragedy on their own …

In recent years, the welfare of servicemen of the Russian army has improved markedly. The problem is, what to feed the family, is over. Now many of the defenders of the Fatherland got private cars. This, of course, well, you can be happy for them. But on the other hand, with the motorization of the armed forces increased the number of road accidents involving drivers under the shoulder straps. Responsible for an accident brought to administrative responsibility, and in severe consequences — criminal …

To illustrate an alarming trend with private transport, we refer to the information from the 11th Military Automobile Inspectorate (regional). They imply that in the Western Military District, only last in 2012 through the fault of the military — the owners of private cars were more than 190 accidents. In this killed more than 50 people, more than 280 — were injured. This unfortunate figure is almost one and a half times higher than in 2011!

One of the main reasons for these troubles — exceeding the safe speed (in 65% of cases). An aggravating factor in the number of cases was the drunkenness of the driver — 16% of accidents. For this reason, in 2012, it was committed more than 300 accidents, which is two times more compared to 2011.

Referring to the examples. Of contract sergeant S. Afanasiev, having used pretty strong drinks, sat behind the wheel of the car «Opel Ascona». At 12 km of the road Pskov — Pal-movie (Pskov region) he decided to ride with the breeze. On difficult sections — a sharp turn to the left — a young man lost control and made a rollover car into a ditch. As a result, the sergeant was killed.

A similar incident occurred in the village Yazhelbitsy (Novgorod region). Senior Lieutenant E. Babenko on its «Volkswagen Jetta» famously drove onto the bridge. But he lost control, knocked down a fence and overturned in a ditch. The car caught fire. As a result, two — he and a passenger — suffered serious injuries.

The bitter lesson for car owners — an accident near Pskov, perfect junior sergeant of contract service Nikolai Laktionov in 2012 under the following circumstances.

In after hours N. Laktionov by car brought the company of loved ones at a picnic. Going to the nature, loaded into his car all the necessary for cooking kebabs. Plus, as usual, alcohol.

We note at once: coming to mind the suspicion that on the way back who led his «Opel Vectra» N. Laktionov was intoxicated, was not confirmed. But that does not diminish his responsibility for what happened. For the accident was his fault: due to violation of traffic rules by drivers. Moreover, on several counts.

Firstly, the vehicle raced with N. Laktionova speed as determined by one skilled then not below 93.5 kilometers per hour. And it is on this track should not exceed 90 kilometers per hour. Secondly, before turning the driver did not chose the right side of the interval time has not slowed down to a safe and lost control of the vehicle. As a result, his car jumped headlong to the left, then the right-hand side of the road and overturned in a ditch. Located inside the girl he was seriously injured and died at the scene.

It opened into the accident a criminal case ended with the imposition of N. Laktionova conviction. Pskov garrison military court sentenced him to imprisonment with a two-year ban on the transport control. Mother of the deceased passenger it is to repair damage in the amount of 223,472 rubles. And the satisfaction of the civil claim with the perpetrator charged monetary compensation for moral damages in the amount of one million rubles.

When all the evidence and circumstances of the accident found guilty N. Laktionova with the verdict of the court of first instance convicted he disagreed. Considers it unfair allegedly due to excessive rigor.

I do not agree with the verdict and the mother who lost her daughter to the fault violators of traffic rules. It considered the punishment N. Laktionova too soft.

Convicted and mother of the deceased appealed. They reviewed the judicial board on criminal cases of the Leningrad Military District Court. It was stated that N. Laktionov properly found guilty of a violation of traffic rules, resulting in the death of man.

After checking the case file and discussed the arguments of appeals and objections to them the prosecutor, the panel of judges found the decision of the Pskov garrison military court against N. Laktionova lawful, reasonable and fair. It is based first instance put into evidence the testimony of the mother of the deceased, five witnesses of the tragic accident and the defendant, as well as the forensic medical examinations and autotechnical and other materials on the case. The conclusion reached by the trial court on the direct causal link between H. Laktionov violation of traffic rules, and death is a passenger in his car, found correct and motivated.

Contrary to the allegations in the appeal, legal grounds to cancel or change the verdict of the court panel of the garrison of the Leningrad Military District Court has not seen. It identified: N. Laktionova sentence upheld and the appeals of the convicted person and the mother of the deceased leave unsatisfied.

There are among the materials of the criminal case disclosed a document which is useful to disclose them to reflect on the command and the appropriate officials of military units. This view of the investigator of the Military Investigation Department of the Investigative Committee of the Russian Federation on the Western Military District Captain Justice M. Shelpakova. It directed the unit commander, where he served as sergeant N. Laktionov to take measures to eliminate the circumstances that contributed to the commission of these crimes by the driver.

The submission states that one of those circumstances was the improper performance of the head of service of the automobile captain D. Apalkinym assigned to him duties. Here are links to the lawyer’s guidance documents flashed in representation matters. In particular, it ordered Defense Minister from 09.11.2004 № 360 «On measures to ensure traffic in the Armed Forces of the Russian Federation.»

Captain D. Apalkin was obliged to personally organize and conduct preventive work with the military — the owners of transport for the prevention of accidents, the exclusion of the use of alcoholic beverages while operating a vehicle, to comply with traffic regulations.

List of provisions of guidance documents on this issue is quite extensive. But, as has been established by the preliminary investigation, Captain D. Apalkin these requirements reduced to just two points: checking credentials owners of personal vehicles and brought to the attention of the drivers of the accident. The rest of his responsibilities towards the part of motorists, he simply ignored. Worse, when questioning him as a witness revealed that he and the chief of the autoFleet not know the requirements of the order of Minister of Defense number 360.

Investigator to present directly warned the officers, if not in terms of effective measures are taken to address the shortcomings in the work with the owners of private vehicles, are not excluded crimes committed similar H. Laktionov.

Spent 11 minutes VAI (regional) analysis showed that the main prerequisites for the commission of accidents on private transport troops ZVO were: weak control by the commanders of the service and outside activities of their subordinates, lack of preventive work in the prevention of accidents, poor practical skills in management vehicle, violation of traffic rules and military reassess their driving skills, their personal indiscipline.

By the above-mentioned and other violators of traffic rules enforcement authorities adopted appropriate measures. Only the provisions of ZVO garrison military courts over the past year, more than two hundred and 2012 military and civilian personnel of military units and institutions brought to administrative responsibility under Art. 12.8, 12.26 of the Administrative Code (driving while intoxicated and failure to comply with the requirements of the driver of the police officer to undergo medical examination).

I want to believe that the soldiers — the owners of personal vehicles of the above examples, the facts will draw the necessary lessons for themselves, will learn from the mistakes of others.

It will be correct if the prosecutor’s warning over at a particular address ponder and other military and labor collectives of the Russian Armed Forces. Otherwise nadvinuvshayasya: universal motorization troops will not bring happiness to anyone. It is important to remember that failure to comply with traffic rules irresponsible, undisciplined, reckless foolhardiness leads people to irreparable consequences — to the great distress, to the terrible grief.

Commented Yevgeny Kuzin, deputy chairman of the Leningrad Military District Court:

— The problem of the effectiveness of prevention of accidents involving military has always existed. But in the last few years it has become very topical. In particular, the court statistics takes downright alarming signals about the rise in the number of criminal offenses and administrative violations committed by motorists from the army. Violation of traffic rules and operation of transport often leads to very negative consequences. And not only for the guilty. After all, any man in uniform offense casts a shadow on the military staff, put in a rebuke of his command.

What can we say about the tragic final journey, as happened with E. Babenko, SA Afanasyev, N. Laktionov and their passengers.

As the jurisprudence under the sanction of article number 264 of the Criminal Code are often soldiers, grossly violated the traffic rules. Our analysis gives grounds to say that in most cases drivers with insufficient training, weak practical skills of driving, not able to act correctly in difficult road conditions. These shortcomings are evident primarily by motorists. But an uncritical attitude to the level of their ability to control the source of increased danger, unfortunately, this allows you to get behind the wheel. And thus endangering his own car, and your loved ones health, and even life.

Showing dangerous arrogance on highways drivers, unfortunately, is not getting smaller. Rather, potential participants in accidents each year is greater. Here the dynamics of attracting soldiers for crimes committed during the operation of personal transport. Garrison courts operating in the territory of the Western Military District, considered for 2012 corresponding to more than 15 criminal cases. This is three times greater than the previous 2011. For all convicted with the sanctions, depending on the circumstances and consequences of the accident. And all of them, in spite of the cassation appeal, upheld.

If I may say so, fortunately, not every violation of traffic rules is completed crime. However, any deviation from them, even if, at first glance, the most innocent, is an offense. In accordance with the law has admitted it too is called to account, including the judiciary. But not under the Criminal and on the Code of Administrative Offences. For 2012 we consider more than three hundred and fifty such cases, which is almost one and a half times more than in 2011.

Among them there are most associated with managing personal vehicles while intoxicated or refusal of examination for intoxication.

However, until recently, despite the efforts of the military traffic police and punish drivers for administrative violations in the field of traffic, the number of them with the participation of military personnel is not reduced. Worse, not uncommon for such violations undisciplined soldier commits again. In this regard, the legislator has made to the Code of Administrative Offences changes toughening punishment to persons driving a car in a drunken state, and also refused a medical examination. Now, for these servicemen under contract, subject to a fine of 5,000 rubles.

Recalls the legal rules governing the responsibility for the crimes and administrative violations in the operation of motor vehicles, it would seem, too — it is legal for the ABC driver. However, military courts are faced with persons involved who do not know elementary of title documents on the operation of vehicles. Military judges are ready to actively participate in the elimination of legal illiteracy motorists from among military and civilian personnel. The forms of such work may be varied.

In particular, it is effective pravorazyasnitelnye activities involving judges, their performance at the command staff meetings on safety driving and operation of vehicles, recently legal knowledge, together with representatives of the traffic police and VAI, military prosecutors’ offices, health care facilities. We can help this command in the analysis and prevention work for the prevention of traffic accidents and accidents.

It is thought that by increasing pravorazyasnitelnuyu and preventive work with the drivers, you can achieve a situation where in the Western Military District, and in the Armed Forces as a whole, significantly less than would be the number of tragedies on the roads and grounds for the application of punitive sanctions against violators.

Stepan Neporada.

Nizamidin KAINBEKOV

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