ABOUT THE SPECIAL SUBJECT OF CRIME IN CASE OF VIOLATION OF TRAFFIC RULES BY THE PERSON WHO IS IN A STATE OF INTOXICATION (ARTICLES 264 AND 264<sup>1</sup> OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)
The article deals with the existing in the theory and practice of criminal law key positions on the problem of accounting for the state of intoxication, including in the Commission of transport crimes. The conclusion about imperfection of definition of the special subject of the crimes provided by articles 264 and 2641 of the criminal code of the Russian Federation is argued. The question of situations in the presence of which a person can be equated to being in a state of intoxication is raised, which is significant for law enforcement practice. The purpose of the study is to identify law - making mistakes and practical difficulties in the qualification of road transport crimes committed by the guilty in a state of intoxication. Objectives of the study: analysis of key positions on the issue of a special subject in the classification of traffic violations by a person in a state of intoxication (articles 264 and 2641 of the criminal code); assessment of court decisions on the issue of qualification of socially dangerous acts under articles 264 and 2641 of the criminal code of Russian Federation taking into account the special characteristics of the subject; analysis of the legal positions of the constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on the legal nature of the Commission of road transport crimes in a state of intoxication. Methods: system-structural approach to the study of the conditions of increasing criminal liability for being intoxicated, analysis and synthesis of' induction and deduction, system and legal interpretation of the law. The paper substantiates the proposals aimed at improving the definition of signs of a special subject of traffic violations by a person who is intoxicated (articles 264 and 2641 of the criminal code). The proposals on the qualification of these crimes are formulated.