The article represents an analysis of the integrant elements of the off ence of putting into service the transport means with obvious technical hitches (art.265 of the Criminal Code of the Republic of Moldova). The features of the object of the above-mentioned off ence are examined: the generic juridical object is formed by the social relations regarding the security in the transport; the special juridical object has a complex nature; the person’s body forms the material object of the offence. The objective side of the off ence has the following structure: the prejudicial deed that might be represented by three modalities with alternative character; the prejudicial consequences that has an alternative character; and the causative link between the prejudicial deed and the prejudicial consequences. As a result of a thorough analysis of various defi nitions, the author has the following remarks: the idea that the serious violation of the working regime of the drivers is an example of another serious violation of the rules of exploiting the transport means can not be accepted; a suffi cient demarcation between the serious violation and the violation devoid of severity of the rules of exploiting the transport means is not made; and others. The violations specifi ed in the Road Traffi c Regulation and that according to author’s opinion should not be subject to the notion „other serious violation of the rules of exploiting the transport means, that ensures the traffi c security” are listed. The subjective side and the subject of the off ence provided by art.265 of The Criminal Code of Republic of Moldova are also examined. The enterprise from the auto transport system can not be the subject of the discussed off ence.